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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB2883
LRB9107752WHdv
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-206.
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 Section 6-206 as follows:
7 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
8 Sec. 6-206. Discretionary authority to suspend or revoke
9 driver's license or permit; Right to a hearing.
10 (a) The Secretary of State is authorized to suspend or
11 revoke the driving privileges of any person without
12 preliminary hearing upon a showing of the person's records or
13 other sufficient evidence that the person:
14 1. Has committed an offense for which mandatory
15 revocation of a driver's license or permit is required
16 upon conviction;
17 2. Has been convicted of not less than 3 offenses
18 against traffic regulations governing the movement of
19 vehicles committed within any 12 month period. No
20 revocation or suspension shall be entered more than 6
21 months after the date of last conviction;
22 3. Has been repeatedly involved as a driver in
23 motor vehicle collisions or has been repeatedly convicted
24 of offenses against laws and ordinances regulating the
25 movement of traffic, to a degree that indicates lack of
26 ability to exercise ordinary and reasonable care in the
27 safe operation of a motor vehicle or disrespect for the
28 traffic laws and the safety of other persons upon the
29 highway;
30 4. Has by the unlawful operation of a motor vehicle
31 caused or contributed to an accident resulting in death
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1 or injury requiring immediate professional treatment in a
2 medical facility or doctor's office to any person, except
3 that any suspension or revocation imposed by the
4 Secretary of State under the provisions of this
5 subsection shall start no later than 6 months after being
6 convicted of violating a law or ordinance regulating the
7 movement of traffic, which violation is related to the
8 accident, or shall start not more than one year after the
9 date of the accident, whichever date occurs later;
10 5. Has permitted an unlawful or fraudulent use of a
11 driver's license, identification card, or permit;
12 6. Has been lawfully convicted of an offense or
13 offenses in another state, including the authorization
14 contained in Section 6-203.1, which if committed within
15 this State would be grounds for suspension or revocation;
16 7. Has refused or failed to submit to an
17 examination provided for by Section 6-207 or has failed
18 to pass the examination;
19 8. Is ineligible for a driver's license or permit
20 under the provisions of Section 6-103;
21 9. Has made a false statement or knowingly
22 concealed a material fact or has used false information
23 or identification in any application for a license,
24 identification card, or permit;
25 10. Has possessed, displayed, or attempted to
26 fraudulently use any license, identification card, or
27 permit not issued to the person;
28 11. Has operated a motor vehicle upon a highway of
29 this State when the person's driving privilege or
30 privilege to obtain a driver's license or permit was
31 revoked or suspended unless the operation was authorized
32 by a judicial driving permit, probationary license to
33 drive, or a restricted driving permit issued under this
34 Code;
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1 12. Has submitted to any portion of the application
2 process for another person or has obtained the services
3 of another person to submit to any portion of the
4 application process for the purpose of obtaining a
5 license, identification card, or permit for some other
6 person;
7 13. Has operated a motor vehicle upon a highway of
8 this State when the person's driver's license or permit
9 was invalid under the provisions of Sections 6-107.1 and
10 6-110;
11 14. Has committed a violation of Section 6-301,
12 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
13 14B of the Illinois Identification Card Act;
14 15. Has been convicted of violating Section 21-2 of
15 the Criminal Code of 1961 relating to criminal trespass
16 to vehicles in which case, the suspension shall be for
17 one year;
18 16. Has been convicted of violating Section 11-204
19 of this Code relating to fleeing from a police officer;
20 17. Has refused to submit to a test, or tests, as
21 required under Section 11-501.1 of this Code and the
22 person has not sought a hearing as provided for in
23 Section 11-501.1;
24 18. Has, since issuance of a driver's license or
25 permit, been adjudged to be afflicted with or suffering
26 from any mental disability or disease;
27 19. Has committed a violation of paragraph (a) or
28 (b) of Section 6-101 relating to driving without a
29 driver's license;
30 20. Has been convicted of violating Section 6-104
31 relating to classification of driver's license;
32 21. Has been convicted of violating Section 11-402
33 of this Code relating to leaving the scene of an accident
34 resulting in damage to a vehicle in excess of $1,000, in
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1 which case the suspension shall be for one year;
2 22. Has used a motor vehicle in violating paragraph
3 (3), (4), (7), or (9) of subsection (a) of Section 24-1
4 of the Criminal Code of 1961 relating to unlawful use of
5 weapons, in which case the suspension shall be for one
6 year;
7 23. Has, as a driver, been convicted of committing
8 a violation of paragraph (a) of Section 11-502 of this
9 Code for a second or subsequent time within one year of a
10 similar violation;
11 24. Has been convicted by a court-martial or
12 punished by non-judicial punishment by military
13 authorities of the United States at a military
14 installation in Illinois of or for a traffic related
15 offense that is the same as or similar to an offense
16 specified under Section 6-205 or 6-206 of this Code;
17 25. Has permitted any form of identification to be
18 used by another in the application process in order to
19 obtain or attempt to obtain a license, identification
20 card, or permit;
21 26. Has altered or attempted to alter a license or
22 has possessed an altered license, identification card, or
23 permit;
24 27. Has violated Section 6-16 of the Liquor Control
25 Act of 1934;
26 28. Has been convicted of the illegal possession,
27 while operating or in actual physical control, as a
28 driver, of a motor vehicle, of any controlled substance
29 prohibited under the Illinois Controlled Substances Act
30 or any cannabis prohibited under the provisions of the
31 Cannabis Control Act, in which case the person's driving
32 privileges shall be suspended for one year, and any
33 driver who is convicted of a second or subsequent
34 offense, within 5 years of a previous conviction, for the
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1 illegal possession, while operating or in actual physical
2 control, as a driver, of a motor vehicle, of any
3 controlled substance prohibited under the provisions of
4 the Illinois Controlled Substances Act or any cannabis
5 prohibited under the Cannabis Control Act shall be
6 suspended for 5 years. Any defendant found guilty of this
7 offense while operating a motor vehicle, shall have an
8 entry made in the court record by the presiding judge
9 that this offense did occur while the defendant was
10 operating a motor vehicle and order the clerk of the
11 court to report the violation to the Secretary of State;
12 29. Has been convicted of the following offenses
13 that were committed while the person was operating or in
14 actual physical control, as a driver, of a motor vehicle:
15 criminal sexual assault, predatory criminal sexual
16 assault of a child, aggravated criminal sexual assault,
17 criminal sexual abuse, aggravated criminal sexual abuse,
18 juvenile pimping, soliciting for a juvenile prostitute
19 and the manufacture, sale or delivery of controlled
20 substances or instruments used for illegal drug use or
21 abuse in which case the driver's driving privileges shall
22 be suspended for one year;
23 30. Has been convicted a second or subsequent time
24 for any combination of the offenses named in paragraph 29
25 of this subsection, in which case the person's driving
26 privileges shall be suspended for 5 years;
27 31. Has refused to submit to a test as required by
28 Section 11-501.6 or has submitted to a test resulting in
29 an alcohol concentration of 0.08 or more or any amount of
30 a drug, substance, or compound resulting from the
31 unlawful use or consumption of cannabis as listed in the
32 Cannabis Control Act or a controlled substance as listed
33 in the Illinois Controlled Substances Act in which case
34 the penalty shall be as prescribed in Section 6-208.1;
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1 32. Has been convicted of Section 24-1.2 of the
2 Criminal Code of 1961 relating to the aggravated
3 discharge of a firearm if the offender was located in a
4 motor vehicle at the time the firearm was discharged, in
5 which case the suspension shall be for 3 years;
6 33. Has as a driver, who was less than 21 years of
7 age on the date of the offense, been convicted a first
8 time of a violation of paragraph (a) of Section 11-502 of
9 this Code or a similar provision of a local ordinance;
10 34. Has committed a violation of Section 11-1301.5
11 of this Code;
12 35. Has committed a violation of Section 11-1301.6
13 of this Code; or
14 36. Is under the age of 21 years at the time of
15 arrest and has been convicted of not less than 2
16 offenses against traffic regulations governing the
17 movement of vehicles committed within any 24 month
18 period. No revocation or suspension shall be entered
19 more than 6 months after the date of last conviction.
20 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
21 and 27 of this subsection, license means any driver's
22 license, any traffic ticket issued when the person's driver's
23 license is deposited in lieu of bail, a suspension notice
24 issued by the Secretary of State, a duplicate or corrected
25 driver's license, a probationary driver's license or a
26 temporary driver's license.
27 (b) If any conviction forming the basis of a suspension
28 or revocation authorized under this Section is appealed, the
29 Secretary of State may rescind or withhold the entry of the
30 order of suspension or revocation, as the case may be,
31 provided that a certified copy of a stay order of a court is
32 filed with the Secretary of State. If the conviction is
33 affirmed on appeal, the date of the conviction shall relate
34 back to the time the original judgment of conviction was
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1 entered and the 6 month limitation prescribed shall not
2 apply.
3 (c) 1. Upon suspending or revoking the driver's license
4 or permit of any person as authorized in this Section,
5 the Secretary of State shall immediately notify the
6 person in writing of the revocation or suspension. The
7 notice to be deposited in the United States mail, postage
8 prepaid, to the last known address of the person.
9 2. If the Secretary of State suspends the driver's
10 license of a person under subsection 2 of paragraph (a)
11 of this Section, a person's privilege to operate a
12 vehicle as an occupation shall not be suspended, provided
13 an affidavit is properly completed, the appropriate fee
14 received, and a permit issued prior to the effective date
15 of the suspension, unless 5 offenses were committed, at
16 least 2 of which occurred while operating a commercial
17 vehicle in connection with the driver's regular
18 occupation. All other driving privileges shall be
19 suspended by the Secretary of State. Any driver prior to
20 operating a vehicle for occupational purposes only must
21 submit the affidavit on forms to be provided by the
22 Secretary of State setting forth the facts of the
23 person's occupation. The affidavit shall also state the
24 number of offenses committed while operating a vehicle in
25 connection with the driver's regular occupation. The
26 affidavit shall be accompanied by the driver's license.
27 Upon receipt of a properly completed affidavit, the
28 Secretary of State shall issue the driver a permit to
29 operate a vehicle in connection with the driver's regular
30 occupation only. Unless the permit is issued by the
31 Secretary of State prior to the date of suspension, the
32 privilege to drive any motor vehicle shall be suspended
33 as set forth in the notice that was mailed under this
34 Section. If an affidavit is received subsequent to the
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1 effective date of this suspension, a permit may be issued
2 for the remainder of the suspension period.
3 The provisions of this subparagraph shall not apply
4 to any driver required to obtain a commercial driver's
5 license under Section 6-507 during the period of a
6 disqualification of commercial driving privileges under
7 Section 6-514.
8 Any person who falsely states any fact in the
9 affidavit required herein shall be guilty of perjury
10 under Section 6-302 and upon conviction thereof shall
11 have all driving privileges revoked without further
12 rights.
13 3. At the conclusion of a hearing under Section
14 2-118 of this Code, the Secretary of State shall either
15 rescind or continue an order of revocation or shall
16 substitute an order of suspension; or, good cause
17 appearing therefor, rescind, continue, change, or extend
18 the order of suspension. If the Secretary of State does
19 not rescind the order, the Secretary may upon
20 application, to relieve undue hardship, issue a
21 restricted driving permit granting the privilege of
22 driving a motor vehicle between the petitioner's
23 residence and petitioner's place of employment or within
24 the scope of his employment related duties, or to allow
25 transportation for the petitioner, or a household member
26 of the petitioner's family, to receive necessary medical
27 care and if the professional evaluation indicates,
28 provide transportation for alcohol remedial or
29 rehabilitative activity, or for the petitioner to attend
30 classes, as a student, in an accredited educational
31 institution; if the petitioner is able to demonstrate
32 that no alternative means of transportation is reasonably
33 available and the petitioner will not endanger the public
34 safety or welfare. In each case the Secretary may issue a
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1 restricted driving permit for a period deemed
2 appropriate, except that all permits shall expire within
3 one year from the date of issuance. A restricted driving
4 permit issued under this Section shall be subject to
5 cancellation, revocation, and suspension by the Secretary
6 of State in like manner and for like cause as a driver's
7 license issued under this Code may be cancelled, revoked,
8 or suspended; except that a conviction upon one or more
9 offenses against laws or ordinances regulating the
10 movement of traffic shall be deemed sufficient cause for
11 the revocation, suspension, or cancellation of a
12 restricted driving permit. The Secretary of State may, as
13 a condition to the issuance of a restricted driving
14 permit, require the applicant to participate in a
15 designated driver remedial or rehabilitative program. The
16 Secretary of State is authorized to cancel a restricted
17 driving permit if the permit holder does not successfully
18 complete the program.
19 (c-5) The Secretary of State may, as a condition of the
20 reissuance of a driver's license or permit to an applicant
21 under the age of 18 years whose driver's license or permit
22 has been suspended pursuant to any of the provisions of this
23 Section, require the applicant to participate in a driver
24 remedial education course and be retested under Section 6-109
25 of this Code.
26 (d) This Section is subject to the provisions of the
27 Drivers License Compact.
28 (e) The Secretary of State shall not issue a restricted
29 driving permit to a person under the age of 16 years whose
30 driving privileges have been suspended or revoked under any
31 provisions of this Code.
32 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
33 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
34 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)