|
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or permit was revoked or |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 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;
|
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. Has committed a second or subsequent violation of |
Section
11-1201 of this Code; or .
|
40. Has committed a second or subsequent violation of |
Section 11-605.1 of this Code within 2 years of the date of |
the previous violation, in which case the suspension shall |
be for 90 days.
|
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;
93-120, eff. 1-1-04.)
|
(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
|
Sec. 11-605. Special speed limit while passing schools or |
while traveling
through highway
construction or maintenance |
zones.
|
(a) For the purpose of this Section, "school" means the |
following
entities:
|
(1) A public or private primary or secondary school.
|
(2) A primary or secondary school operated by a |
religious institution.
|
(3) A public, private, or religious nursery school.
|
On a school day when school children are present and so |
|
close
thereto
that a potential hazard exists because of the |
close proximity of the motorized
traffic, no person shall drive |
a motor vehicle at a speed in excess of 20 miles
per hour while |
passing a school zone or while traveling on a roadway on public
|
school property or upon any public
thoroughfare where children |
pass going
to and from school.
|
For the purpose of this Section a school day shall begin at |
seven ante
meridian and shall conclude at four post meridian.
|
This Section shall not be applicable unless appropriate |
signs are posted
upon streets and highways under their |
respective jurisdiction and
maintained by the Department, |
township, county, park district, city,
village or incorporated |
town wherein the school zone is located. With regard
to the |
special speed limit while passing schools, such signs
shall |
give proper due warning that a school zone is being approached |
and
shall indicate the school zone and the maximum speed limit |
in effect during
school days when school children are present.
|
(b) (Blank).
No person shall operate a motor vehicle in a |
construction or
maintenance zone at a speed in excess of the |
posted speed limit when workers
are present and so close to the |
moving traffic that a potential hazard exists
because of the |
motorized traffic.
|
(c) Nothing in this Chapter shall
prohibit the use of |
electronic speed-detecting devices within 500 feet of
signs |
within a special school speed zone or a construction or |
maintenance
zone indicating such zone, as defined
in this |
Section, nor shall evidence obtained thereby be inadmissible in |
any
prosecution for speeding provided the use of such device |
shall apply only
to the enforcement of the speed limit in such |
special school speed zone or a
construction or maintenance |
zone.
|
(d) (Blank).
For the purpose of this Section, a |
construction or maintenance zone is
an area in which the |
Department, Toll Highway Authority, or local agency has
|
determined that the preexisting established speed limit |
through a highway
construction or maintenance project is |
|
greater than is reasonable or safe with
respect to the |
conditions expected to exist in the construction or maintenance
|
zone and has posted a lower speed limit with a highway |
construction or
maintenance zone special speed limit sign.
|
Highway construction or maintenance zone special speed |
limit signs shall be
of a design approved by the Department. |
The signs shall give proper due
warning that a construction or |
maintenance zone is being approached and shall
indicate the |
maximum speed limit in effect. The signs shall also state the
|
amount of the minimum fine for a violation when workers are |
present.
|
(e) A first violation of this Section is a petty
offense |
with a minimum fine
of $150. A second or subsequent violation |
of this
Section is a petty offense with a minimum fine of $300.
|
(f) When a fine for a violation of subsection (a) is $150 |
or greater,
the person who violates subsection (a) shall be |
charged an additional
$50 to be paid to the unit school
|
district where the
violation
occurred for school safety |
purposes. If the violation occurred in a dual
school district,
|
$25 of the surcharge shall be paid to the elementary school |
district for school
safety
purposes and $25 of the surcharge |
shall be paid to the high school district for
school
safety |
purposes. Notwithstanding any other provision of law, the |
entire $50
surcharge
shall be paid to the appropriate school |
district or districts.
|
For purposes of this subsection (f), "school safety |
purposes" includes the
costs
associated with school zone safety |
education and
the purchase, installation, and maintenance of |
caution lights
which are
mounted on school speed zone signs.
|
(g) (Blank).
When a fine for a violation of subsection (b) |
is $150 or greater,
the person who violates subsection (b) |
shall be charged an additional $50.
The $50 surcharge shall be |
deposited into the Transportation Safety Highway
Hire-back |
Fund.
|
(h) (Blank).
The
Transportation Safety Highway
Hire-back |
Fund is created as a special fund in the State treasury.
|
|
Subject to appropriation by the General Assembly and approval |
by the
Secretary, the Secretary of Transportation shall use all |
moneys in the
Transportation Safety Highway
Hire-back Fund to |
hire off-duty Department of State Police officers to monitor
|
construction or maintenance zones.
|
(Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02; 92-619, |
eff. 1-1-03;
92-780, eff. 8-6-02; revised 8-22-02.)
|
(625 ILCS 5/11-605.1 new) |
Sec. 11-605.1. Special limit while traveling through a |
highway construction or maintenance speed zone. |
(a) A person may not operate a motor vehicle in a |
construction or maintenance speed zone at a speed in excess of |
the posted speed limit.
|
(b) Nothing in this Chapter prohibits the use of electronic |
speed-detecting devices within 500 feet of signs within a |
construction or maintenance speed zone indicating the zone, as |
defined in this Section, nor shall evidence obtained by use of |
those devices be inadmissible in any prosecution for speeding, |
provided the use of the device shall apply only to the |
enforcement of the speed limit in the construction or |
maintenance speed zone.
|
(c) As used in this Section, a "construction or maintenance |
speed zone" is an area in which the Department, Toll Highway |
Authority, or local agency has determined that the preexisting |
established speed limit through a highway construction or |
maintenance project is greater than is reasonable or safe with |
respect to the conditions expected to exist in the construction |
or maintenance speed zone and has posted a lower speed limit |
with a highway construction or maintenance speed zone special |
speed limit sign. |
Highway construction or maintenance speed zone special |
speed limit signs shall be of a design approved by the |
Department. The signs must give proper due warning that a |
construction or maintenance speed zone is being approached and |
must indicate the maximum speed limit in effect. The signs also |
|
must state the amount of the minimum fine for a violation.
|
(d) A first violation of this Section is a petty offense |
with a minimum fine of $250. A second or subsequent violation |
of this Section is a petty offense with a minimum fine of $750. |
(e) If a fine for a violation of this Section is $250 or |
greater, the person who violated this Section shall be charged |
an additional $125, which shall be deposited into the |
Transportation Safety Highway Hire-back Fund. In the case of a |
second or subsequent violation of this Section, if the fine is |
$750 or greater, the person who violated this Section shall be |
charged an additional $250, which shall be deposited into the |
Transportation Safety Highway Hire-back Fund.
|
(f) The Transportation Safety Highway Hire-back Fund, |
which was created by Public Act 92-619, shall continue to be a |
special fund in the State treasury. Subject to appropriation by |
the General Assembly and approval by the Secretary, the |
Secretary of Transportation shall use all moneys in the |
Transportation Safety Highway Hire-back Fund to hire off-duty |
Department of State Police officers to monitor construction or |
maintenance zones. |
(g) For a second or subsequent violation of this Section |
within 2 years of the date of the previous violation, the |
Secretary of State shall suspend the driver's license of the |
violator for a period of 90 days.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|