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92_HB1721 LRB9206803DHcs 1 AN ACT regarding vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing 6-205 as follows: 6 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) 7 Sec. 6-205. Mandatory revocation of license or permit; 8 Hardship cases. 9 (a) Except as provided in this Section, the Secretary of 10 State shall immediately revoke the license or permit of any 11 driver upon receiving a report of the driver's conviction of 12 any of the following offenses: 13 1. Reckless homicide resulting from the operation 14 of a motor vehicle; 15 2. Violation of Section 11-501 of this Code or a 16 similar provision of a local ordinance relating to the 17 offense of operating or being in physical control of a 18 vehicle while under the influence of alcohol, other drug 19 or drugs, intoxicating compound or compounds, or any 20 combination of alcohol, drugs, or intoxicating compounds 21thereof; 22 3. Any felony under the laws of any State or the 23 federal government in the commission of which a motor 24 vehicle was used; 25 4. Violation of Section 11-401 of this Code 26 relating to the offense of leaving the scene of a traffic 27 accident involving death or personal injury; 28 5. Perjury or the making of a false affidavit or 29 statement under oath to the Secretary of State under this 30 Code or under any other law relating to the ownership or 31 operation of motor vehicles; -2- LRB9206803DHcs 1 6. Conviction upon 3 charges of violation of 2 Section 11-503 of this Code relating to the offense of 3 reckless driving committed within a period of 12 months; 4 7. Conviction of the offense of automobile theft as 5 defined in Section 4-102 of this Code; 6 8. Violation of Section 11-504 of this Code 7 relating to the offense of drag racing; 8 9. Violation of Chapters 8 and 9 of this Code; 9 10. Violation of Section 12-5 of the Criminal Code 10 of 1961 arising from the use of a motor vehicle; 11 11. Violation of Section 11-204.1 of this Code 12 relating to aggravated fleeing or attempting to elude a 13 police officer; 14 12. Violation of paragraph (1) of subsection (b) of 15 Section 6-507, or a similar law of any other state, 16 relating to the unlawful operation of a commercial motor 17 vehicle; 18 13. Violation of paragraph (a) of Section 11-502 of 19 this Code or a similar provision of a local ordinance if 20 the driver has been previously convicted of a violation 21 of that Section or a similar provision of a local 22 ordinance and the driver was less than 21 years of age at 23 the time of the offense. 24 (b) The Secretary of State shall also immediately revoke 25 the license or permit of any driver in the following 26 situations: 27 1. Of any minor upon receiving the notice provided 28 for in Section 5-901 of the Juvenile Court Act of 1987 29 that the minor has been adjudicated under that Act as 30 having committed an offense relating to motor vehicles 31 prescribed in Section 4-103 of this Code; 32 2. Of any person when any other law of this State 33 requires either the revocation or suspension of a license 34 or permit. -3- LRB9206803DHcs 1 (c) Whenever a person is convicted of any of the 2 offenses enumerated in this Section, the court may recommend 3 and the Secretary of State in his discretion, without regard 4 to whether the recommendation is made by the court, may, upon 5 application, issue to the person a restricted driving permit 6 granting the privilege of driving a motor vehicle between the 7 petitioner's residence and petitioner's place of employment 8 or within the scope of the petitioner's employment related 9 duties, or to allow transportation for the petitioner or a 10 household member of the petitioner's family for the receipt 11 of necessary medical care or, if the professional evaluation 12 indicates, provide transportation for the petitioner for 13 alcohol remedial or rehabilitative activity, or for the 14 petitioner to attend classes, as a student, in an accredited 15 educational institution; if the petitioner is able to 16 demonstrate that no alternative means of transportation is 17 reasonably available and the petitioner will not endanger the 18 public safety or welfare; provided that the Secretary's 19 discretion shall be limited to cases where undue hardship 20 would result from a failure to issue the restricted driving 21 permit. In each case the Secretary of State may issue a 22 restricted driving permit for a period he deems appropriate, 23 except that the permit shall expire within one year from the 24 date of issuance. A restricted driving permit issued under 25 this Section shall be subject to cancellation, revocation, 26 and suspension by the Secretary of State in like manner and 27 for like cause as a driver's license issued under this Code 28 may be cancelled, revoked, or suspended; except that a 29 conviction upon one or more offenses against laws or 30 ordinances regulating the movement of traffic shall be deemed 31 sufficient cause for the revocation, suspension, or 32 cancellation of a restricted driving permit. The Secretary of 33 State may, as a condition to the issuance of a restricted 34 driving permit, require the applicant to participate in a -4- LRB9206803DHcs 1 designated driver remedial or rehabilitative program. The 2 Secretary of State is authorized to cancel a restricted 3 driving permit if the permit holder does not successfully 4 complete the program. However, if an individual's driving 5 privileges have been revoked in accordance with paragraph 13 6 of subsection (a) of this Section, no restricted driving 7 permit shall be issued until the individual has served 6 8 months of the revocation period. 9 (d) Whenever a person under the age of 21 is convicted 10 under Section 11-501 of this Code or a similar provision of a 11 local ordinance, the Secretary of State shall revoke the 12 driving privileges of that person. One year after the date 13 of revocation, and upon application, the Secretary of State 14 may, if satisfied that the person applying will not endanger 15 the public safety or welfare, issue a restricted driving 16 permit granting the privilege of driving a motor vehicle only 17 between the hours of 5 a.m. and 9 p.m. or as otherwise 18 provided by this Section for a period of one year. After 19 this one year period, and upon reapplication for a license as 20 provided in Section 6-106, upon payment of the appropriate 21 reinstatement fee provided under paragraph (b) of Section 22 6-118, the Secretary of State, in his discretion, may issue 23 the applicant a license, or extend the restricted driving 24 permit as many times as the Secretary of State deems 25 appropriate, by additional periods of not more than 12 months 26 each, until the applicant attains 21 years of age. A 27 restricted driving permit issued under this Section shall be 28 subject to cancellation, revocation, and suspension by the 29 Secretary of State in like manner and for like cause as a 30 driver's license issued under this Code may be cancelled, 31 revoked, or suspended; except that a conviction upon one or 32 more offenses against laws or ordinances regulating the 33 movement of traffic shall be deemed sufficient cause for the 34 revocation, suspension, or cancellation of a restricted -5- LRB9206803DHcs 1 driving permit. Any person under 21 years of age who has a 2 driver's license revoked for a second or subsequent 3 conviction for driving under the influence, prior to the age 4 of 21, shall not be eligible to submit an application for a 5 full reinstatement of driving privileges or a restricted 6 driving permit until age 21 or one additional year from the 7 date of the latest such revocation, whichever is the longer. 8 The revocation periods contained in this subparagraph shall 9 apply to similar out-of-state convictions. 10 (e) This Section is subject to the provisions of the 11 Driver License Compact. 12 (f) Any revocation imposed upon any person under 13 subsections 2 and 3 of paragraph (b) that is in effect on 14 December 31, 1988 shall be converted to a suspension for a 15 like period of time. 16 (g) The Secretary of State shall not issue a restricted 17 driving permit to a person under the age of 16 years whose 18 driving privileges have been revoked under any provisions of 19 this Code. 20 (h) The Secretary of State may use ignition interlock 21 device requirements when granting driving relief to 22 individuals who have been arrested for a second or subsequent 23 offense under Section 11-501 of this Code or a similar 24 provision of a local ordinance. The Secretary shall 25 establish by rule and regulation the procedures for use of 26 the interlock system. 27 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99; 28 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; 91-357, eff. 29 7-29-99.)