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92_HB0580 LRB9201255DHmg 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 6-206, 11-1201, and 16-105. 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 6-206, 11-1201, and 16-105 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 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 -2- LRB9201255DHmg 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; -3- LRB9201255DHmg 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 -4- LRB9201255DHmg 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 -5- LRB9201255DHmg 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; -6- LRB9201255DHmg 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;or14 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 or.21 37. Has committed a violation of subsection (b) of 22 Section 11-1201 of this Code, in which case the 23 suspension shall be 3 months for a first violation, 6 24 months for a second violation, or one year for a third or 25 subsequent violation. 26 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 27 and 27 of this subsection, license means any driver's 28 license, any traffic ticket issued when the person's driver's 29 license is deposited in lieu of bail, a suspension notice 30 issued by the Secretary of State, a duplicate or corrected 31 driver's license, a probationary driver's license or a 32 temporary driver's license. 33 (b) If any conviction forming the basis of a suspension 34 or revocation authorized under this Section is appealed, the -7- LRB9201255DHmg 1 Secretary of State may rescind or withhold the entry of the 2 order of suspension or revocation, as the case may be, 3 provided that a certified copy of a stay order of a court is 4 filed with the Secretary of State. If the conviction is 5 affirmed on appeal, the date of the conviction shall relate 6 back to the time the original judgment of conviction was 7 entered and the 6 month limitation prescribed shall not 8 apply. 9 (c) 1. Upon suspending or revoking the driver's license 10 or permit of any person as authorized in this Section, 11 the Secretary of State shall immediately notify the 12 person in writing of the revocation or suspension. The 13 notice to be deposited in the United States mail, postage 14 prepaid, to the last known address of the person. 15 2. If the Secretary of State suspends the driver's 16 license of a person under subsection 2 of paragraph (a) 17 of this Section, a person's privilege to operate a 18 vehicle as an occupation shall not be suspended, provided 19 an affidavit is properly completed, the appropriate fee 20 received, and a permit issued prior to the effective date 21 of the suspension, unless 5 offenses were committed, at 22 least 2 of which occurred while operating a commercial 23 vehicle in connection with the driver's regular 24 occupation. All other driving privileges shall be 25 suspended by the Secretary of State. Any driver prior to 26 operating a vehicle for occupational purposes only must 27 submit the affidavit on forms to be provided by the 28 Secretary of State setting forth the facts of the 29 person's occupation. The affidavit shall also state the 30 number of offenses committed while operating a vehicle in 31 connection with the driver's regular occupation. The 32 affidavit shall be accompanied by the driver's license. 33 Upon receipt of a properly completed affidavit, the 34 Secretary of State shall issue the driver a permit to -8- LRB9201255DHmg 1 operate a vehicle in connection with the driver's regular 2 occupation only. Unless the permit is issued by the 3 Secretary of State prior to the date of suspension, the 4 privilege to drive any motor vehicle shall be suspended 5 as set forth in the notice that was mailed under this 6 Section. If an affidavit is received subsequent to the 7 effective date of this suspension, a permit may be issued 8 for the remainder of the suspension period. 9 The provisions of this subparagraph shall not apply 10 to any driver required to obtain a commercial driver's 11 license under Section 6-507 during the period of a 12 disqualification of commercial driving privileges under 13 Section 6-514. 14 Any person who falsely states any fact in the 15 affidavit required herein shall be guilty of perjury 16 under Section 6-302 and upon conviction thereof shall 17 have all driving privileges revoked without further 18 rights. 19 3. At the conclusion of a hearing under Section 20 2-118 of this Code, the Secretary of State shall either 21 rescind or continue an order of revocation or shall 22 substitute an order of suspension; or, good cause 23 appearing therefor, rescind, continue, change, or extend 24 the order of suspension. If the Secretary of State does 25 not rescind the order, the Secretary may upon 26 application, to relieve undue hardship, issue a 27 restricted driving permit granting the privilege of 28 driving a motor vehicle between the petitioner's 29 residence and petitioner's place of employment or within 30 the scope of his employment related duties, or to allow 31 transportation for the petitioner, or a household member 32 of the petitioner's family, to receive necessary medical 33 care and if the professional evaluation indicates, 34 provide transportation for alcohol remedial or -9- LRB9201255DHmg 1 rehabilitative activity, or for the petitioner to attend 2 classes, as a student, in an accredited educational 3 institution; if the petitioner is able to demonstrate 4 that no alternative means of transportation is reasonably 5 available and the petitioner will not endanger the public 6 safety or welfare. In each case the Secretary may issue a 7 restricted driving permit for a period deemed 8 appropriate, except that all permits shall expire within 9 one year from the date of issuance. A restricted driving 10 permit issued under this Section shall be subject to 11 cancellation, revocation, and suspension by the Secretary 12 of State in like manner and for like cause as a driver's 13 license issued under this Code may be cancelled, revoked, 14 or suspended; except that a conviction upon one or more 15 offenses against laws or ordinances regulating the 16 movement of traffic shall be deemed sufficient cause for 17 the revocation, suspension, or cancellation of a 18 restricted driving permit. The Secretary of State may, as 19 a condition to the issuance of a restricted driving 20 permit, require the applicant to participate in a 21 designated driver remedial or rehabilitative program. The 22 Secretary of State is authorized to cancel a restricted 23 driving permit if the permit holder does not successfully 24 complete the program. 25 (c-5) The Secretary of State may, as a condition of the 26 reissuance of a driver's license or permit to an applicant 27 under the age of 18 years whose driver's license or permit 28 has been suspended pursuant to any of the provisions of this 29 Section, require the applicant to participate in a driver 30 remedial education course and be retested under Section 6-109 31 of this Code. 32 (d) This Section is subject to the provisions of the 33 Drivers License Compact. 34 (e) The Secretary of State shall not issue a restricted -10- LRB9201255DHmg 1 driving permit to a person under the age of 16 years whose 2 driving privileges have been suspended or revoked under any 3 provisions of this Code. 4 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 5 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 6 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.) 7 (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201) 8 Sec. 11-1201. Obedience to signal indicating approach of 9 train. 10 (a) Whenever any person driving a vehicle approaches a 11 railroad grade crossing such person must exercise due care 12 and caution as the existence of a railroad track across a 13 highway is a warning of danger, and under any of the 14 circumstances stated in this Section, the driver shall stop 15 within 50 feet but not less than 15 feet from the nearest 16 rail of the railroad and shall not proceed until he can do so 17 safely. The foregoing requirements shall apply when: 18 1. A clearly visible electric or mechanical signal 19 device gives warning of the immediate approach of a 20 railroad train; 21 2. A crossing gate is lowered or a human flagman 22 gives or continues to give a signal of the approach or 23 passage of a railroad train; 24 3. A railroad train approaching a highway crossing 25 emits a warning signal and such railroad train, by reason 26 of its speed or nearness to such crossing, is an 27 immediate hazard; 28 4. An approaching railroad train is plainly visible 29 and is in hazardous proximity to such crossing. 30 5. A railroad train is approaching so closely that 31 an immediate hazard is created. 32 (b) No person shall drive any vehicle through, around or 33 under any crossing gate or barrier at a railroad crossing -11- LRB9201255DHmg 1 while such gate or barrier is closed or is being opened or 2 closed. 3 (c) The Department, and local authorities with the 4 approval of the Department, are hereby authorized to 5 designate particularly dangerous highway grade crossings of 6 railroads and to erect stop signs thereat. When such stop 7 signs are erected the driver of any vehicle shall stop within 8 50 feet but not less than 15 feet from the nearest rail of 9 such railroad and shall proceed only upon exercising due 10 care. 11 (d) At any railroad grade crossing provided with 12 railroad crossbuck signs, without automatic, electric, or 13 mechanical signal devices, crossing gates, or a human flagman 14 giving a signal of the approach or passage of a train, the 15 driver of a vehicle shall in obedience to the railroad 16 crossbuck sign, yield the right-of-way and slow down to a 17 speed reasonable for the existing conditions and shall stop, 18 if required for safety, at a clearly marked stopped line, or 19 if no stop line, within 50 feet but not less than 15 feet 20 from the nearest rail of the railroad and shall not proceed 21 until he or she can do so safely. If a driver is involved in 22 a collision at a railroad crossing or interferes with the 23 movement of a train after driving past the railroad crossbuck 24 sign, the collision or interference is prima facie evidence 25 of the driver's failure to yield right-of-way. 26 (e) Except as provided in subsection (e-5), a violation 27 ofany part ofthis Section shall result in a mandatory fine 28 of $500 or 50 hours of community service. 29 (e-5) Any person who violates subsection (b) of this 30 Section shall be fined $500 and his or her driving privileges 31 shall be suspended for 3 months. A second violation shall 32 result in a $1,000 fine and a 6 month suspension. A third or 33 subsequent violation shall result in a $1,000 fine and a one 34 year suspension. Of the moneys collected from fines imposed -12- LRB9201255DHmg 1 under this subsection, 75% shall be deposited in the Grade 2 Crossing Protection Fund and shall be used for signs at grade 3 crossings to inform motorists of the penalties for going 4 around crossing gates, and the remainder shall be paid and 5 used in accordance with the terms of Section 16-105 of this 6 Act. 7 (f) Local authorities shall impose fines as established 8 in subsection (e) for vehicles that fail to obey signals 9 indicating the presence, approach, passage, or departure of a 10 train. 11 (Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.) 12 (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105) 13 Sec. 16-105. Disposition of fines and forfeitures. 14 (a) Except as provided in subsection (e-5) of Section 15 11-1201 of this Act and in Section 16-104a of this Act and 16 except for those amounts required to be paid into the Traffic 17 and Criminal Conviction Surcharge Fund in the State Treasury 18 pursuant to Section 9.1 of the Illinois Police Training Act 19 and Section 5-9-1 of the Unified Code of Corrections and 20 except those amounts subject to disbursement by the circuit 21 clerk under Section 27.5 of the Clerks of Courts Act, fines 22 and penalties recovered under the provisions of Chapters 11 23 through 16 inclusive of this Code shall be paid and used as 24 follows: 25 1. For offenses committed upon a highway within the 26 limits of a city, village, or incorporated town or under 27 the jurisdiction of any park district, to the treasurer 28 of the particular city, village, incorporated town or 29 park district, if the violator was arrested by the 30 authorities of the city, village, incorporated town or 31 park district, provided the police officers and officials 32 of cities, villages, incorporated towns and park 33 districts shall seasonably prosecute for all fines and -13- LRB9201255DHmg 1 penalties under this Code. If the violation is prosecuted 2 by the authorities of the county, any fines or penalties 3 recovered shall be paid to the county treasurer. Provided 4 further that if the violator was arrested by the State 5 Police, fines and penalties recovered under the 6 provisions of paragraph (a) of Section 15-113 of this 7 Code or paragraph (e) of Section 15-316 of this Code 8 shall be paid over to the Department of State Police 9 which shall thereupon remit the amount of the fines and 10 penalties so received to the State Treasurer who shall 11 deposit the amount so remitted in the special fund in the 12 State treasury known as the Road Fund except that if the 13 violation is prosecuted by the State's Attorney, 10% of 14 the fine or penalty recovered shall be paid to the 15 State's Attorney as a fee of his office and the balance 16 shall be paid over to the Department of State Police for 17 remittance to and deposit by the State Treasurer as 18 hereinabove provided. 19 2. Except as provided in paragraph 4, for offenses 20 committed upon any highway outside the limits of a city, 21 village, incorporated town or park district, to the 22 county treasurer of the county where the offense was 23 committed except if such offense was committed on a 24 highway maintained by or under the supervision of a 25 township, township district, or a road district to the 26 Treasurer thereof for deposit in the road and bridge fund 27 of such township or other district; Provided, that fines 28 and penalties recovered under the provisions of paragraph 29 (a) of Section 15-113, paragraph (d) of Section 3-401, or 30 paragraph (e) of Section 15-316 of this Code shall be 31 paid over to the Department of State Police which shall 32 thereupon remit the amount of the fines and penalties so 33 received to the State Treasurer who shall deposit the 34 amount so remitted in the special fund in the State -14- LRB9201255DHmg 1 treasury known as the Road Fund except that if the 2 violation is prosecuted by the State's Attorney, 10% of 3 the fine or penalty recovered shall be paid to the 4 State's Attorney as a fee of his office and the balance 5 shall be paid over to the Department of State Police for 6 remittance to and deposit by the State Treasurer as 7 hereinabove provided. 8 3. Notwithstanding subsections 1 and 2 of this 9 paragraph, for violations of overweight and overload 10 limits found in Sections 15-101 through 15-203 of this 11 Code, which are committed upon the highways belonging to 12 the Illinois State Toll Highway Authority, fines and 13 penalties shall be paid over to the Illinois State Toll 14 Highway Authority for deposit with the State Treasurer 15 into that special fund known as the Illinois State Toll 16 Highway Authority Fund, except that if the violation is 17 prosecuted by the State's Attorney, 10% of the fine or 18 penalty recovered shall be paid to the State's Attorney 19 as a fee of his office and the balance shall be paid over 20 to the Illinois State Toll Highway Authority for 21 remittance to and deposit by the State Treasurer as 22 hereinabove provided. 23 4. With regard to violations of overweight and 24 overload limits found in Sections 15-101 through 15-203 25 of this Code committed by operators of vehicles 26 registered as Special Hauling Vehicles, for offenses 27 committed upon a highway within the limits of a city, 28 village, or incorporated town or under the jurisdiction 29 of any park district, all fines and penalties shall be 30 paid over or retained as required in paragraph 1. 31 However, with regard to the above offenses committed by 32 operators of vehicles registered as Special Hauling 33 Vehicles upon any highway outside the limits of a city, 34 village, incorporated town or park district, fines and -15- LRB9201255DHmg 1 penalties shall be paid over or retained by the entity 2 having jurisdiction over the road or highway upon which 3 the offense occurred, except that if the violation is 4 prosecuted by the State's Attorney, 10% of the fine or 5 penalty recovered shall be paid to the State's Attorney 6 as a fee of his office. 7 (b) Failure, refusal or neglect on the part of any 8 judicial or other officer or employee receiving or having 9 custody of any such fine or forfeiture either before or after 10 a deposit with the proper official as defined in paragraph 11 (a) of this Section, shall constitute misconduct in office 12 and shall be grounds for removal therefrom. 13 (Source: P.A. 88-403; 88-476; 88-535; 89-117, eff. 7-7-95.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.