Public Act 093-0120
Public Act 93-0120 of the 93rd General Assembly
Public Act 93-0120
HB0092 Enrolled LRB093 02382 RLC 02390b
AN ACT in relation to vehicles.
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 Sections 6-205, 6-206, 11-204, and 11-204.1 as
follows:
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or
driving privileges of any driver upon receiving a report of
the driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation
of a motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code
relating to the offense of leaving the scene of a traffic
accident involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of
Section 11-503 of this Code relating to the offense of
reckless driving committed within a period of 12 months;
7. Conviction of any offense defined in Section
4-102 of this Code;
8. Violation of Section 11-504 of this Code
relating to the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code
of 1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code
relating to aggravated fleeing or attempting to elude a
peace police officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation
of that Section or a similar provision of a local
ordinance and the driver was less than 21 years of age at
the time of the offense.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided
for in Section 5-901 of the Juvenile Court Act of 1987
that the minor has been adjudicated under that Act as
having committed an offense relating to motor vehicles
prescribed in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit.
(c) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment
or within the scope of the petitioner's employment related
duties, or to allow transportation for the petitioner or a
household member of the petitioner's family for the receipt
of necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited
educational institution; if the petitioner is able to
demonstrate that no alternative means of transportation is
reasonably available and the petitioner will not endanger the
public safety or welfare; provided that the Secretary's
discretion shall be limited to cases where undue hardship
would result from a failure to issue the restricted driving
permit.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, arising out of
separate occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or
a similar provision of a local ordinance or a similar
out-of-state offense, and a statutory summary suspension
under Section 11-501.1, or 2 or more statutory summary
suspensions, or combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition interlock device as defined in Section
1-129.1. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $20 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees. If
the restricted driving permit was issued for employment
purposes, then this provision does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer. In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire within one year from the
date of issuance. The Secretary may not, however, issue a
restricted driving permit to any person whose current
revocation is the result of a second or subsequent conviction
for a violation of Section 11-501 of this Code or a similar
provision of a local ordinance relating to the offense of
operating or being in physical control of a motor vehicle
while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any similar
out-of-state offense, or any combination thereof, until the
expiration of at least one year from the date of the
revocation. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as a
condition to the issuance of a restricted driving permit,
require the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a) of
this Section, no restricted driving permit shall be issued
until the individual has served 6 months of the revocation
period.
(d) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary of State shall revoke the
driving privileges of that person. One year after the date
of revocation, and upon application, the Secretary of State
may, if satisfied that the person applying will not endanger
the public safety or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle only
between the hours of 5 a.m. and 9 p.m. or as otherwise
provided by this Section for a period of one year. After
this one year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate
reinstatement fee provided under paragraph (b) of Section
6-118, the Secretary of State, in his discretion, may issue
the applicant a license, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 12 months
each, until the applicant attains 21 years of age.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, arising out of
separate occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or
a similar provision of a local ordinance or a similar
out-of-state offense, and a statutory summary suspension
under Section 11-501.1, or 2 or more statutory summary
suspensions, or combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition interlock device as defined in Section
1-129.1. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $20 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees. If
the restricted driving permit was issued for employment
purposes, then this provision does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. The revocation periods contained
in this subparagraph shall apply to similar out-of-state
convictions.
(e) This Section is subject to the provisions of the
Driver License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a
like period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by an
individual who has been convicted of a second or subsequent
offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The Secretary shall
establish by rule and regulation the procedures for
certification and use of the interlock system.
(i) The Secretary of State may not issue a restricted
driving permit for a period of one year after a second or
subsequent revocation of driving privileges under clause
(a)(2) of this Section; however, one year after the date of a
second or subsequent revocation of driving privileges under
clause (a)(2) of this Section, the Secretary of State may,
upon application, issue a restricted driving permit under the
terms and conditions of subsection (c).
(Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01;
92-418, eff. 8-17-01; 92-651, eff. 7-11-02; 92-834, eff.
8-22-02.)
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in
motor vehicle collisions or has been repeatedly convicted
of offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in death
or injury requiring immediate professional treatment in a
medical facility or doctor's office to any person, except
that any suspension or revocation imposed by the
Secretary of State under the provisions of this
subsection shall start no later than 6 months after being
convicted of violating a law or ordinance regulating the
movement of traffic, which violation is related to the
accident, or shall start not more than one year after the
date of the accident, whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an
examination provided for by Section 6-207 or has failed
to pass the examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly
concealed a material fact or has used false information
or identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a judicial driving permit, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services
of another person to submit to any portion of the
application process for the purpose of obtaining a
license, identification card, or permit for some other
person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 relating to criminal trespass
to vehicles in which case, the suspension shall be for
one year;
16. Has been convicted of violating Section 11-204
of this Code relating to fleeing from a peace police
officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in
Section 11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or
(b) of Section 6-101 relating to driving without a
driver's license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402
of this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1
of the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing
a violation of paragraph (a) of Section 11-502 of this
Code for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or
punished by non-judicial punishment by military
authorities of the United States at a military
installation in Illinois of or for a traffic related
offense that is the same as or similar to an offense
specified under Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or
has possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control
Act of 1934;
28. Has been convicted of the illegal possession,
while operating or in actual physical control, as a
driver, of a motor vehicle, of any controlled substance
prohibited under the Illinois Controlled Substances Act
or any cannabis prohibited under the provisions of the
Cannabis Control Act, in which case the person's driving
privileges shall be suspended for one year, and any
driver who is convicted of a second or subsequent
offense, within 5 years of a previous conviction, for the
illegal possession, while operating or in actual physical
control, as a driver, of a motor vehicle, of any
controlled substance prohibited under the provisions of
the Illinois Controlled Substances Act or any cannabis
prohibited under the Cannabis Control Act shall be
suspended for 5 years. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge
that this offense did occur while the defendant was
operating a motor vehicle and order the clerk of the
court to report the violation to the Secretary of State;
29. Has been convicted of the following offenses
that were committed while the person was operating or in
actual physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
juvenile pimping, soliciting for a juvenile prostitute
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;
30. Has been convicted a second or subsequent time
for any combination of the offenses named in paragraph 29
of this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in
an alcohol concentration of 0.08 or more or any amount of
a drug, substance, or compound resulting from the
unlawful use or consumption of cannabis as listed in the
Cannabis Control Act, a controlled substance as listed in
the Illinois Controlled Substances Act, or an
intoxicating compound as listed in the Use of
Intoxicating Compounds Act, in which case the penalty
shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated
discharge of a firearm if the offender was located in a
motor vehicle at the time the firearm was discharged, in
which case the suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of
age on the date of the offense, been convicted a first
time of a violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5
of this Code;
35. Has committed a violation of Section 11-1301.6
of this Code;
36. Is under the age of 21 years at the time of
arrest and has been convicted of not less than 2 offenses
against traffic regulations governing the movement of
vehicles committed within any 24 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code; or
38. Has been convicted of a violation of Section
6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance; or.
39. 38. Has committed a second or subsequent
violation of Section 11-1201 of this Code.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's
license, any traffic ticket issued when the person's driver's
license is deposited in lieu of bail, a suspension notice
issued by the Secretary of State, a duplicate or corrected
driver's license, a probationary driver's license or a
temporary driver's license.
(b) If any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6 month limitation prescribed shall not
apply.
(c) 1. Upon suspending or revoking the driver's license
or permit of any person as authorized in this Section,
the Secretary of State shall immediately notify the
person in writing of the revocation or suspension. The
notice to be deposited in the United States mail, postage
prepaid, to the last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a)
of this Section, a person's privilege to operate a
vehicle as an occupation shall not be suspended, provided
an affidavit is properly completed, the appropriate fee
received, and a permit issued prior to the effective date
of the suspension, unless 5 offenses were committed, at
least 2 of which occurred while operating a commercial
vehicle in connection with the driver's regular
occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must
submit the affidavit on forms to be provided by the
Secretary of State setting forth the facts of the
person's occupation. The affidavit shall also state the
number of offenses committed while operating a vehicle in
connection with the driver's regular occupation. The
affidavit shall be accompanied by the driver's license.
Upon receipt of a properly completed affidavit, the
Secretary of State shall issue the driver a permit to
operate a vehicle in connection with the driver's regular
occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended
as set forth in the notice that was mailed under this
Section. If an affidavit is received subsequent to the
effective date of this suspension, a permit may be issued
for the remainder of the suspension period.
The provisions of this subparagraph shall not apply
to any driver required to obtain a commercial driver's
license under Section 6-507 during the period of a
disqualification of commercial driving privileges under
Section 6-514.
Any person who falsely states any fact in the
affidavit required herein shall be guilty of perjury
under Section 6-302 and upon conviction thereof shall
have all driving privileges revoked without further
rights.
3. At the conclusion of a hearing under Section
2-118 of this Code, the Secretary of State shall either
rescind or continue an order of revocation or shall
substitute an order of suspension; or, good cause
appearing therefor, rescind, continue, change, or extend
the order of suspension. If the Secretary of State does
not rescind the order, the Secretary may upon
application, to relieve undue hardship, issue a
restricted driving permit granting the privilege of
driving a motor vehicle between the petitioner's
residence and petitioner's place of employment or within
the scope of his employment related duties, or to allow
transportation for the petitioner, or a household member
of the petitioner's family, to receive necessary medical
care and if the professional evaluation indicates,
provide transportation for alcohol remedial or
rehabilitative activity, or for the petitioner to attend
classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate
that no alternative means of transportation is reasonably
available and the petitioner will not endanger the public
safety or welfare.
If a person's license or permit has been revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
If a person's license or permit has been revoked or
suspended 2 or more times within a 10 year period due to
a single conviction of violating Section 11-501 of this
Code or a similar provision of a local ordinance or a
similar out-of-state offense, and a statutory summary
suspension under Section 11-501.1, or 2 or more statutory
summary suspensions, or combination of 2 offenses, or of
an offense and a statutory summary suspension, arising
out of separate occurrences, that person, if issued a
restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1. The person must
pay to the Secretary of State DUI Administration Fund an
amount not to exceed $20 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees. If the restricted
driving permit was issued for employment purposes, then
this provision does not apply to the operation of an
occupational vehicle owned or leased by that person's
employer. In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire within
one year from the date of issuance. The Secretary may
not, however, issue a restricted driving permit to any
person whose current revocation is the result of a second
or subsequent conviction for a violation of Section
11-501 of this Code or a similar provision of a local
ordinance relating to the offense of operating or being
in physical control of a motor vehicle while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or any similar out-of-state
offense, or any combination of those offenses, until the
expiration of at least one year from the date of the
revocation. A restricted driving permit issued under
this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may,
as a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program.
The Secretary of State is authorized to cancel a
restricted driving permit if the permit holder does not
successfully complete the program.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 18 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 92-804, eff.
1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)
(625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
Sec. 11-204. Fleeing or attempting to elude a peace
police officer.
(a) Any driver or operator of a motor vehicle who,
having been given a visual or audible signal by a peace
officer directing such driver or operator to bring his
vehicle to a stop, wilfully fails or refuses to obey such
direction, increases his speed, extinguishes his lights, or
otherwise flees or attempts to elude the officer, is guilty
of a Class A misdemeanor. The signal given by the peace
officer may be by hand, voice, siren, red or blue light.
Provided, the officer giving such signal shall be in police
uniform, and, if driving a vehicle, such vehicle shall
display illuminated oscillating, rotating or flashing red or
blue lights which when used in conjunction with an audible
horn or siren would indicate the vehicle to be an official
police vehicle. Such requirement shall not preclude the use
of amber or white oscillating, rotating or flashing lights in
conjunction with red or blue oscillating, rotating or
flashing lights as required in Section 12-215 of Chapter 12.
(b) Upon receiving notice of such conviction the
Secretary of State shall suspend the drivers license of the
person so convicted for a period of not more than 6 months
for a first conviction and not more than 12 months for a
second conviction.
(c) A third or subsequent violation of this Section is a
Class 4 felony.
(Source: P.A. 90-134, eff. 7-22-97.)
(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
Sec. 11-204.1. Aggravated fleeing or attempt to elude a
peace police officer.
(a) The offense of aggravated fleeing or attempting to
elude a peace police officer is committed by any driver or
operator of a motor vehicle who flees or attempts to elude a
peace police officer, after being given a visual or audible
signal by a peace police officer in the manner prescribed in
subsection (a) of Section 11-204 of this Code, and such
flight or attempt to elude:
(1) is at a rate of speed at least 21 miles per
hour over the legal speed limit;
(2) causes bodily injury to any individual; or
(3) causes damage in excess of $300 to property; or.
(4) involves disobedience of 2 or more official
traffic control devices.
(b) Any person convicted of a first violation of this
Section shall be guilty of a Class 4 felony. Upon notice of
such a conviction the Secretary of State shall forthwith
revoke the driver's license of the person so convicted, as
provided in Section 6-205 of this Code. Any person convicted
of a second or subsequent violation of this Section shall be
guilty of a Class 3 felony, and upon notice of such a
conviction the Secretary of State shall forthwith revoke the
driver's license of the person convicted, as provided in
Section 6-205 of the Code.
(c) The motor vehicle used in a violation of this
Section is subject to seizure and forfeiture as provided in
Sections 36-1 and 36-2 of the Criminal Code of 1961.
(Source: P.A. 90-134, eff. 7-22-97.)
Effective Date: 01/01/04
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