Public Act 90-0611 of the 90th General Assembly
Public Act 90-0611
SB1695 Enrolled LRB9009277WHmgB
AN ACT to amend the Illinois Vehicle Code by changing
Sections 6-205 and 11-501.
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 and 11-501 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 or permit 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 combination of both;
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 the offense of automobile theft as
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
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 1-8 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. 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. 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. 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. Any person under 21 years of age who has a
driver's license revoked for a second or subsequent
conviction for driving under the influence, prior to the age
of 21, shall not be eligible to submit an application for a
full reinstatement of driving privileges or a restricted
driving permit until age 21 or one additional year from the
date of the latest such revocation, whichever is the longer.
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 may use ignition interlock
device requirements when granting driving relief to
individuals who have been arrested for 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 use of
the interlock system.
(Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug, or combination of both.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(4) under the combined influence of alcohol and any
other drug or drugs to a degree that renders the person
incapable of safely driving; or
(5) there is any amount of a drug, substance, or
compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, or a controlled substance listed in
the Illinois Controlled Substances Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drugs, or any combination of both, shall not
constitute a defense against any charge of violating this
Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) A person who violates this Section during a period
in which his or her driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of this Section or Section 11-501.1 shall, unless
sentenced to a term of imprisonment in the penitentiary, in
addition to any other criminal or administrative action, be
sentenced to a minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the
court. This mandatory minimum term of imprisonment or
assignment of community service shall not be suspended and
shall not be subject to reduction by the court.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol or drugs or a combination of both
if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol or
any other drug or drugs as an element of the offense or
the person has previously been convicted under
subparagraph (C) of this paragraph (1).
(2) Aggravated driving under the influence of alcohol or
drugs or a combination of both is a Class 4 felony for which
a person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). For any prosecution
under this subsection (d), a certified copy of the driving
abstract of the defendant shall be admitted as proof of any
prior conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol or other drug abuse problem exists and the extent of
the problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. The cost of
any professional evaluation shall be paid for by the
individual required to undergo the professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State may use shall establish a
pilot program to test the effectiveness of ignition interlock
device requirements when granting driving relief to upon
individuals who have been arrested for a second or subsequent
offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and
regulation the population and procedures for use of the
interlock system.
(Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
10-24-97.)
Section 99. Effective date. This Act takes effect
January 1, 1999.