Public Act 094-0357
 
HB0396 Enrolled LRB094 05140 DRH 35180 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 6-206.1 as follows:
 
    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
    Sec. 6-206.1. Judicial Driving Permit. Declaration of
Policy. It is hereby declared a policy of the State of Illinois
that the driver who is impaired by alcohol, other drug or
drugs, or intoxicating compound or compounds is a threat to the
public safety and welfare. Therefore, to provide a deterrent to
such practice and to remove problem drivers from the highway, a
statutory summary driver's license suspension is appropriate.
It is also recognized that driving is a privilege and
therefore, that in some cases the granting of limited driving
privileges, where consistent with public safety, is warranted
during the period of suspension in the form of a judicial
driving permit to drive for the purpose of employment,
receiving drug treatment or medical care, and educational
pursuits, where no alternative means of transportation is
available.
    The following procedures shall apply whenever a first
offender is arrested for any offense as defined in Section
11-501 or a similar provision of a local ordinance:
    (a) Subsequent to a notification of a statutory summary
suspension of driving privileges as provided in Section
11-501.1, the first offender as defined in Section 11-500 may
petition the circuit court of venue for a Judicial Driving
Permit, hereinafter referred as a JDP, to relieve undue
hardship. The court may issue a court order, pursuant to the
criteria contained in this Section, directing the Secretary of
State to issue such a JDP to the petitioner. A JDP shall not
become effective prior to the 31st day of the original
statutory summary suspension and shall always be subject to the
following criteria:
        1. If ordered for the purposes of employment, the JDP
    shall be only for the purpose of providing the petitioner
    the privilege of driving a motor vehicle between the
    petitioner's residence and the petitioner's place of
    employment and return; or within the scope of the
    petitioner's employment related duties, shall be effective
    only during and limited to those specific times and routes
    actually required to commute or perform the petitioner's
    employment related duties.
        2. The court, by a court order, may also direct the
    Secretary of State to issue a JDP to allow transportation
    for the petitioner, or a household member of the
    petitioner's family, to receive alcohol, drug, or
    intoxicating compound treatment or medical care, if the
    petitioner is able to demonstrate that no alternative means
    of transportation is reasonably available. Such JDP shall
    be effective only during the specific times actually
    required to commute.
        3. The court, by a court order, may also direct the
    Secretary of State to issue a JDP to allow transportation
    by the petitioner for educational purposes upon
    demonstrating that there are no alternative means of
    transportation reasonably available to accomplish those
    educational purposes. Such JDP shall be only for the
    purpose of providing transportation to and from the
    petitioner's residence and the petitioner's place of
    educational activity, and only during the specific times
    and routes actually required to commute or perform the
    petitioner's educational requirement.
        4. The Court shall not issue an order granting a JDP
    to:
            (i) Any person unless and until the court, after
        considering the results of a current professional
        evaluation of the person's alcohol or other drug use by
        an agency pursuant to Section 15-10 of the Alcoholism
        and Other Drug Abuse and Dependency Act and other
        appropriate investigation of the person, is satisfied
        that granting the privilege of driving a motor vehicle
        on the highways will not endanger the public safety or
        welfare.
            (ii) Any person who has been convicted of reckless
        homicide within the previous 5 years.
            (iii) Any person whose privilege to operate a motor
        vehicle was invalid at the time of arrest for the
        current violation of Section 11-501, or a similar
        provision of a local ordinance, except in cases where
        the cause for a driver's license suspension has been
        removed at the time a JDP is effective. In any case,
        should the Secretary of State enter a suspension or
        revocation of driving privileges pursuant to the
        provisions of this Code while the JDP is in effect or
        pending, the Secretary shall take the prescribed
        action and provide a notice to the person and the court
        ordering the issuance of the JDP that all driving
        privileges, including those provided by the issuance
        of the JDP, have been withdrawn.
            (iv) Any person under the age of 18 years.
    (b) Prior to ordering the issuance of a JDP the Court
should consider at least, but not be limited to, the following
issues:
        1. Whether the person is employed and no other means of
    commuting to the place of employment is available or that
    the person must drive as a condition of employment. The
    employer shall certify the hours of employment and the need
    and parameters necessary for driving as a condition to
    employment.
        2. Whether the person must drive to secure alcohol or
    other medical treatment for himself or a family member.
        3. Whether the person must drive for educational
    purposes. The educational institution shall certify the
    person's enrollment in and academic schedule at the
    institution.
        4. Whether the person has been repeatedly convicted of
    traffic violations or involved in motor vehicle accidents
    to a degree which indicates disrespect for public safety.
        5. Whether the person has been convicted of a traffic
    violation in connection with a traffic accident resulting
    in the death of any person within the last 5 years.
        6. Whether the person is likely to obey the limited
    provisions of the JDP.
        7. Whether the person has any additional traffic
    violations pending in any court.
    For purposes of this Section, programs conducting
professional evaluations of a person's alcohol, other drug, or
intoxicating compound use must report, to the court of venue,
using a form prescribed by the Secretary of State. A copy of
such evaluations shall be sent to the Secretary of State by the
court. However, the evaluation information shall be privileged
and only available to courts and to the Secretary of State, but
shall not be admissible in the subsequent trial on the
underlying charge.
    (c) The scope of any court order issued for a JDP under
this Section shall be limited to the operation of a motor
vehicle as provided for in subsection (a) of this Section and
shall specify the petitioner's residence, place of employment
or location of educational institution, and the scope of job
related duties, if relevant. The JDP shall also specify days of
the week and specific hours of the day when the petitioner is
able to exercise the limited privilege of operating a motor
vehicle.
    (c-1) If the petitioner is issued a citation for a
violation of Section 6-303 during the period of a statutory
summary suspension entered under Section 11-501.1 of this Code,
or if the petitioner is charged with a violation of Section
11-501 or a similar provision of a local ordinance or a similar
out of state offense which occurs after the current violation
of Section 11-501 or a similar provision of a local ordinance,
the court may not grant the petitioner a JDP unless the
petitioner is acquitted or the citation or complaint is
otherwise dismissed.
    If the petitioner is issued a citation for a violation of
Section 6-303 or a violation of Section 11-501 or a similar
provision of a local ordinance or a similar out of state
offense during the term of the JDP, the officer issuing the
citation, or the law enforcement agency employing that officer,
shall confiscate the JDP and immediately send the JDP and
notice of the citation to the court that ordered the issuance
of the JDP. Within 10 days of receipt, the issuing court, upon
notice to the petitioner, shall conduct a hearing to consider
cancellation of the JDP. If the court enters an order of
cancellation, the court shall forward the order to the
Secretary of State, and the Secretary shall cancel the JDP and
notify the petitioner of the cancellation. If, however, the
petitioner is convicted of the offense before the JDP has been
cancelled, the court of venue shall send notice of conviction
to the court that ordered issuance of the JDP. The court
receiving the notice shall immediately enter an order of
cancellation and forward the order to the Secretary of State.
The Secretary shall cancel the JDP and notify the petitioner of
the cancellation.
    If the petitioner is issued a citation for any other
traffic related offense during the term of the JDP, the officer
issuing the citation, or the law enforcement agency employing
that officer, shall send notice of the citation to the court
that ordered issuance of the JDP. Upon receipt and notice to
the petitioner and an opportunity for a hearing, the court
shall determine whether the violation constitutes grounds for
cancellation of the JDP. If the court enters an order of
cancellation, the court shall forward the order to the
Secretary of State, and the Secretary shall cancel the JDP and
shall notify the petitioner of the cancellation. If the
Petitioner, who has been granted a JDP, is issued a citation
for a traffic related offense, including operating a motor
vehicle outside the limitations prescribed in the JDP or a
violation of Section 6-303, or is convicted of any such an
offense during the term of the JDP, the court shall consider
cancellation of the limited driving permit. In any case, if the
Petitioner commits an offense, as defined in Section 11-501, or
a similar provision of a local ordinance, as evidenced by the
issuance of a Uniform Traffic Ticket, the JDP shall be
forwarded by the court of venue to the court ordering the
issuance of the JDP, for cancellation. The court shall notify
the Secretary of State of any such cancellation.
    (d) The Secretary of State shall, upon receiving a court
order from the court of venue, issue a JDP to a successful
Petitioner under this Section. Such court order form shall also
contain a notification, which shall be sent to the Secretary of
State, providing the name, driver's license number and legal
address of the successful petitioner, and the full and detailed
description of the limitations of the JDP. This information
shall be available only to the courts, police officers, and the
Secretary of State, except during the actual period the JDP is
valid, during which time it shall be a public record. The
Secretary of State shall design and furnish to the courts an
official court order form to be used by the courts when
directing the Secretary of State to issue a JDP.
    Any submitted court order that contains insufficient data
or fails to comply with this Code shall not be utilized for JDP
issuance or entered to the driver record but shall be returned
to the issuing court indicating why the JDP cannot be so
entered. A notice of this action shall also be sent to the JDP
petitioner by the Secretary of State.
    (e) The circuit court of venue may conduct the judicial
hearing, as provided in Section 2-118.1, and the JDP hearing
provided in this Section, concurrently. Such concurrent
hearing shall proceed in the court in the same manner as in
other civil proceedings.
    (f) The circuit court of venue may, as a condition of the
issuance of a JDP, prohibit the person from operating a motor
vehicle not equipped with an ignition interlock device.
(Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99; 91-127,
eff. 1-1-00.)