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| Public Act 095-0166 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Sections 4-4 and 6-20 as follows:
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(235 ILCS 5/4-4) (from Ch. 43, par. 112)
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Sec. 4-4. Each local liquor control commissioner shall also | ||||
have the
following powers, functions and duties with respect to | ||||
licenses, other than
licenses to manufacturers, importing | ||||
distributors, distributors, foreign
importers, non-resident | ||||
dealers, non-beverage users, brokers, railroads,
airplanes and | ||||
boats.
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1. To grant and or suspend for not more than thirty | ||||
days or revoke for
cause all local licenses issued to | ||||
persons for premises within his
jurisdiction;
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2. To enter or to authorize any law enforcing officer | ||||
to enter at any
time upon any premises licensed hereunder | ||||
to determine whether any of the
provisions of this Act or | ||||
any rules or regulations adopted by him or by the
State | ||||
Commission have been or are being violated, and at such | ||||
time to
examine said premises of said licensee in | ||||
connection therewith;
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3. To notify the Secretary of State where a club | ||||
incorporated under the
General Not for Profit Corporation | ||
Act of 1986 or a foreign corporation
functioning
as a club | ||
in this State under a certificate of authority issued under | ||
that
Act has violated this Act by selling or offering for | ||
sale at retail alcoholic
liquors without a retailer's | ||
license;
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4. To receive complaint from any citizen within his | ||
jurisdiction that
any of the provisions of this Act, or any | ||
rules or regulations adopted
pursuant hereto, have been or | ||
are being violated and to act upon such
complaints in the | ||
manner hereinafter provided;
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5. To receive local license fees and pay the same | ||
forthwith to the city,
village, town or county treasurer as | ||
the case may be.
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Each local liquor commissioner also has the duty to notify
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the Secretary of State of any convictions or dispositions of | ||
court supervision for a violation of Section 6-20 of
this Act | ||
or a similar provision of a local ordinance.
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In counties and municipalities, the local liquor control
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commissioners shall also have the power to levy fines in | ||
accordance with
Section 7-5 of this Act.
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(Source: P.A. 91-357, eff. 7-29-99; 92-804, eff. 1-1-03.)
| ||
(235 ILCS 5/6-20) (from Ch. 43, par. 134a)
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Sec. 6-20. Transfer, possession, and consumption of | ||
alcoholic liquor; restrictions.
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(a) Any person to whom the sale, gift or delivery of any | ||
alcoholic
liquor is prohibited because of age shall not | ||
purchase, or accept a gift of
such alcoholic liquor or have | ||
such alcoholic liquor in his possession.
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(b) If a licensee or his or her agents or employees | ||
believes or has reason to
believe that a sale or delivery of | ||
any alcoholic liquor is prohibited
because of the non-age of | ||
the prospective recipient, he or she shall,
before
making such | ||
sale or delivery demand presentation of some form of
positive | ||
identification, containing proof of age, issued by a public
| ||
officer in the performance of his or her official duties.
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(c) No person shall transfer, alter, or deface such an | ||
identification
card; use the identification card of another; | ||
carry or use a false or
forged identification card; or obtain | ||
an identification card by means of
false information. | ||
(d) No person shall purchase, accept delivery or have
| ||
possession of alcoholic liquor in violation of this Section. | ||
(e) The
consumption of alcoholic liquor by any person under | ||
21 years of age is
forbidden. | ||
(f) Whoever violates any provisions of this Section shall | ||
be
guilty of a Class A misdemeanor.
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(g) The possession and dispensing, or consumption by a | ||
person under 21 years
of age of alcoholic liquor in the | ||
performance of a religious
service or ceremony, or the | ||
consumption by a person under 21 years of
age under the direct | ||
supervision and approval of the parents
or parent or those | ||
persons standing in loco parentis of such person
under 21 years | ||
of age in the privacy of a home, is not
prohibited by this Act.
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(Source: P.A. 90-432, eff. 1-1-98.)
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Section 10. The Illinois Vehicle Code is amended by | ||
changing Section 6-206 as follows:
| ||
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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Sec. 6-206. Discretionary authority to suspend or revoke | ||
license or
permit; Right to a hearing.
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(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:
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1. Has committed an offense for which mandatory | ||
revocation of
a driver's license or permit is required upon | ||
conviction;
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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;
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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;
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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;
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5. Has permitted an unlawful or fraudulent use of a | ||
driver's
license, identification card, or permit;
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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;
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7. Has refused or failed to submit to an examination | ||
provided for by
Section 6-207 or has failed to pass the | ||
examination;
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8. Is ineligible for a driver's license or permit under | ||
the provisions
of Section 6-103;
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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;
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10. Has possessed, displayed, or attempted to | ||
fraudulently use any
license, identification card, or | ||
permit not issued to the person;
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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;
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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;
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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;
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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;
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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;
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16. Has been convicted of violating Section 11-204 of | ||
this Code relating
to fleeing from a peace officer;
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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;
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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;
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19. Has committed a violation of paragraph (a) or (b) | ||
of Section 6-101
relating to driving without a driver's | ||
license;
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20. Has been convicted of violating Section 6-104 | ||
relating to
classification of driver's license;
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21. Has been convicted of violating Section 11-402 of
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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;
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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
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year;
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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;
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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;
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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;
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26. Has altered or attempted to alter a license or has | ||
possessed an
altered license, identification card, or | ||
permit;
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27. Has violated Section 6-16 of the Liquor Control Act | ||
of 1934;
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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, any cannabis | ||
prohibited under the Cannabis Control
Act, or any | ||
methamphetamine prohibited under the Methamphetamine | ||
Control and Community Protection 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 | ||
Illinois Controlled Substances Act, any cannabis
| ||
prohibited under the Cannabis Control Act, or any | ||
methamphetamine prohibited under the Methamphetamine | ||
Control and Community Protection 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;
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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;
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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;
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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;
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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;
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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;
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34. Has committed a violation of Section 11-1301.5 of | ||
this Code;
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35. Has committed a violation of Section 11-1301.6 of | ||
this Code;
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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;
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37. Has committed a violation of subsection (c) of | ||
Section 11-907 of this
Code;
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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;
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39. Has committed a second or subsequent violation of | ||
Section
11-1201 of this Code;
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40. Has committed a violation of subsection (a-1) of | ||
Section 11-908 of
this Code; | ||
41. 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; or | ||
42. Has committed a violation of subsection (a-1) of | ||
Section 11-1301.3 of this Code; or
.
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43. Has received a disposition of court supervision for | ||
a violation of subsection (a), (d), or (e) of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance, in which case the suspension shall be | ||
for a period of 3 months.
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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.
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(b) If any conviction forming the basis of a suspension or
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revocation authorized under this Section is appealed, the
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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.
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(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.
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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
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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.
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The provisions of this subparagraph shall not apply to | ||
any driver
required to possess a CDL for the purpose of | ||
operating a commercial motor vehicle.
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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.
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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
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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-3) In the case of a suspension under paragraph 43 of | ||
subsection (a), reports received by the Secretary of State | ||
under this Section shall, except during the actual time the | ||
suspension is in effect, be privileged information and for use | ||
only by the courts, police officers, prosecuting authorities, | ||
driver licensing administrator of any other state, or the | ||
Secretary of State. However, beginning January 1, 2008, if the | ||
person is a CDL holder, the suspension shall also be made | ||
available to the driver licensing administrator of any other | ||
state, the U.S. Department of Transportation, and the affected | ||
driver or motor
carrier or prospective motor carrier upon | ||
request.
| ||
(c-4) In the case of a suspension under paragraph 43 of | ||
subsection (a), the Secretary of State shall notify the person | ||
by mail that his or her driving privileges and driver's license | ||
will be suspended one month after the date of the mailing of | ||
the notice.
| ||
(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.
| ||
(f) In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been suspended or revoked | ||
under any provisions of this Code. | ||
(Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | ||
93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | ||
9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2008. | ||