093_SB0687

 
                                     LRB093 07860 DRH 08049 b

 1        AN ACT concerning driving violations.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing  Sections  6-113,  6-118,  6-203.1,  6-206, 6-206.1,
 6    6-208.1,  6-303,  11-501  and  adding  Section  11-501.9   as
 7    follows:

 8        (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
 9        Sec. 6-113.  Restricted licenses and permits.
10        (a)  The  Secretary  of  State  upon  issuing  a  drivers
11    license  or  permit  shall  have  the authority whenever good
12    cause  appears  to  impose  restrictions  suitable   to   the
13    licensee's  driving  ability  with respect to the type of, or
14    special mechanical  control  devices  required  on,  a  motor
15    vehicle   which  the  licensee  may  operate  or  such  other
16    restrictions applicable to the licensee as the  Secretary  of
17    State  may  determine  to  be  appropriate to assure the safe
18    operation of a motor vehicle by the licensee.
19        (b)  The Secretary of State may either  issue  a  special
20    restricted   license   or   permit  or  may  set  forth  such
21    restrictions upon the usual license or permit form.
22        (c)  The Secretary of  State  may  issue  a  probationary
23    license  to  a  person  whose  driving  privileges  have been
24    suspended pursuant to  subsection  (d)  of  this  Section  or
25    subsections  (a)(2),  (a)(19) and (a)(20) of Section 6-206 of
26    this Code.  The Secretary of  State  shall  promulgate  rules
27    pursuant   to  The  Illinois  Administrative  Procedure  Act,
28    setting forth the conditions and criteria  for  the  issuance
29    and cancellation of probationary licenses.
30        (d)  The   Secretary   of   State   may   upon  receiving
31    satisfactory evidence of any violation of the restrictions of
 
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 1    such license or permit suspend, revoke  or  cancel  the  same
 2    without  preliminary  hearing,  but the licensee or permittee
 3    shall be entitled to a hearing as in the case of a suspension
 4    or revocation.
 5        (e)  It is unlawful for any person  to  operate  a  motor
 6    vehicle  in  any  manner  in  violation  of  the restrictions
 7    imposed on a restricted license or permit issued to him.
 8        (f)  Whenever the holder of a restricted  driving  permit
 9    is  issued  a  citation  for  any  of  the following offenses
10    including similar local ordinances,  the  restricted  driving
11    permit is immediately invalidated:
12             1.  Reckless  homicide  resulting from the operation
13        of a motor vehicle;
14             2.  Violation of Section 11-501 of this Act relating
15        to the operation of  a  motor  vehicle  while  under  the
16        influence of intoxicating liquor or narcotic drugs;
17             3.  Violation of Section 11-401 of this Act relating
18        to the offense of leaving the scene of a traffic accident
19        involving death or injury; or
20             4.  Violation of Section 11-504 of this Act relating
21        to the offense of drag racing;
22        The  police officer issuing the citation shall confiscate
23    the restricted driving permit and forward it, along with  the
24    citation,  to the Clerk of the Circuit Court of the county in
25    which the citation was issued.
26        (g)  The  Secretary  of  State  may   issue   a   special
27    restricted  license  for a period of 12 months to individuals
28    using vision aid arrangements other than standard  eyeglasses
29    or  contact lenses, allowing the operation of a motor vehicle
30    during nighttime hours. The Secretary of  State  shall  adopt
31    rules   defining  the  terms  and  conditions  by  which  the
32    individual may  obtain  and  renew  this  special  restricted
33    license.  At  a  minimum, all drivers must meet the following
34    requirements:
 
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 1             1.  Possess  a  valid  driver's  license  and   have
 2        operated  a  motor  vehicle  during  daylight hours for a
 3        period of 12 months using vision aid  arrangements  other
 4        than standard eyeglasses or contact lenses.
 5             2.  Have  a driving record that does not include any
 6        traffic accidents that occurred during  nighttime  hours,
 7        for  which  the  driver  has  been  found to be at fault,
 8        during the 12 months before he or  she  applied  for  the
 9        special restricted license.
10             3.  Successfully  complete  a road test administered
11        during nighttime hours.
12        At a minimum, all drivers renewing this license must meet
13    the following requirements:
14             1.  Successfully complete a road  test  administered
15        during nighttime hours.
16             2.  Have  a driving record that does not include any
17        traffic accidents that occurred during  nighttime  hours,
18        for  which  the  driver  has  been  found to be at fault,
19        during the 12 months before he or  she  applied  for  the
20        special restricted license.
21        (h)  Any  driver  issued  a special restricted license as
22    defined in subsection (g) whose  privilege  to  drive  during
23    nighttime  hours  has  been  suspended  due  to  an  accident
24    occurring  during  nighttime  hours  may request a hearing as
25    provided in Section  2-118  of  this  Code  to  contest  that
26    suspension.  If  it is determined that the accident for which
27    the driver was at fault was not influenced  by  the  driver's
28    use of vision aid arrangements other than standard eyeglasses
29    or  contact lenses, the Secretary may reinstate that driver's
30    privilege to drive during nighttime hours.
31        (i)  Notwithstanding the provisions  of  Sections  6-208,
32    6-208.1,  and  6-208.2,  the  Secretary of State may, 30 days
33    after the effective date of a suspension pursuant to  Section
34    6-208,  6-208.1,  or 6-208.2 and in accordance with any rules
 
                            -4-      LRB093 07860 DRH 08049 b
 1    the Secretary may  promulgate,  issue  a  restricted  driving
 2    permit  to a person who has applied for a restricted driver's
 3    permit and who has consented to have, at his or her  expense,
 4    an ignition interlock device installed in his or her vehicle.
 5    (Source: P.A. 92-274, eff. 1-1-02.)

 6        (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
 7        Sec. 6-118.  Fees.
 8        (a)  The  fee for licenses and permits under this Article
 9    is as follows:
10        Original driver's license.............................$10
11        Original or renewal driver's license
12             issued to 18, 19 and 20 year olds..................5
13        All driver's licenses for persons
14             age 69 through age 80..............................5
15        All driver's licenses for persons
16             age 81 through age 86..............................2
17        All driver's licenses for persons
18             age 87 or older....................................0
19        Renewal driver's license (except for
20             applicants ages 18, 19 and 20 or
21             age 69 and older).................................10
22        Original instruction permit issued to
23             persons (except those age 69 and older)
24             who do not hold or have not previously
25             held an Illinois instruction permit or
26             driver's license..................................20
27        Instruction permit issued to any person
28             holding an Illinois driver's license
29             who wishes a change in classifications,
30             other than at the time of renewal..................5
31        Any instruction permit issued to a person
32             age 69 and older...................................5
33        Instruction permit issued to any person,
 
                            -5-      LRB093 07860 DRH 08049 b
 1             under age 69, not currently holding a
 2             valid Illinois driver's license or
 3             instruction permit but who has
 4             previously been issued either document
 5             in Illinois.......................................10
 6        Restricted driving permit...............................8
 7        Duplicate or corrected driver's license
 8             or permit..........................................5
 9        Duplicate or corrected restricted
10             driving permit.....................................5
11        Original or renewal M or L endorsement..................5
12    SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
13             The fees for commercial driver licenses and  permits
14        under Article V shall be as follows:
15        Commercial driver's license:
16             $6 for the CDLIS/AAMVAnet Fund
17             (Commercial Driver's License Information
18             System/American Association of Motor Vehicle
19             Administrators network Trust Fund);
20             $20 for the Motor Carrier Safety Inspection Fund;
21             $10 for the driver's license;
22             and $24 for the CDL:.............................$60
23        Renewal commercial driver's license:
24             $6 for the CDLIS/AAMVAnet Trust Fund;
25             $20 for the Motor Carrier Safety Inspection Fund;
26             $10 for the driver's license; and
27             $24 for the CDL:.................................$60
28        Commercial driver instruction permit
29             issued to any person holding a valid
30             Illinois driver's license for the
31             purpose of changing to a
32             CDL classification:  $6 for the
33             CDLIS/AAMVAnet Trust Fund;
34             $20 for the Motor Carrier
 
                            -6-      LRB093 07860 DRH 08049 b
 1             Safety Inspection Fund; and
 2             $24 for the CDL classification...................$50
 3        Commercial driver instruction permit
 4             issued to any person holding a valid
 5             Illinois CDL for the purpose of
 6             making a change in a classification,
 7             endorsement or restriction........................$5
 8        CDL duplicate or corrected license.....................$5
 9        In  order  to  ensure  the  proper  implementation of the
10    Uniform Commercial Driver License  Act,  Article  V  of  this
11    Chapter,  the Secretary of State is empowered to pro-rate the
12    $24 fee for the commercial driver's license proportionate  to
13    the  expiration  date  of  the  applicant's Illinois driver's
14    license.
15        The fee for any duplicate  license  or  permit  shall  be
16    waived  for  any  person  age  60  or  older who presents the
17    Secretary of State's office with a police report showing that
18    his license or permit was stolen.
19        No  additional  fee  shall  be  charged  for  a  driver's
20    license, or for a commercial driver's license, when issued to
21    the  holder  of  an   instruction   permit   for   the   same
22    classification  or  type  of license who becomes eligible for
23    such license.
24        (b)  Any person whose license or privilege to  operate  a
25    motor  vehicle  in  this  State has been suspended or revoked
26    under any provision of Chapter  6,  Chapter  11,  or  Section
27    7-702  of  the  Family  Financial  Responsibility Law of this
28    Code, shall in addition to any other fees  required  by  this
29    Code, pay a reinstatement fee as follows:
30        Summary suspension under Section 11-501.1.............$60
31        Other suspension......................................$30
32        Revocation............................................$60
33        However, any person whose license or privilege to operate
34    a  motor  vehicle in this State has been suspended or revoked
 
                            -7-      LRB093 07860 DRH 08049 b
 1    for a second or subsequent time for a  violation  of  Section
 2    11-501  or  11-501.1 of this Code or a similar provision of a
 3    local ordinance, a violation of  or  a  similar  out-of-state
 4    offense  or  Section  9-3  of the Criminal Code of 1961, or a
 5    failure to submit to a  chemical  test  or  tests  of  blood,
 6    breath,  or  urine  pursuant  to  Section  11-501.1  or  to a
 7    preliminary breath screening test or a field sobriety test or
 8    tests pursuant to Section 11-501.9  of  this  Code  and  each
 9    suspension  or  revocation  was  for  a  violation of Section
10    11-501 or 11-501.1 of this Code or a similar provision  of  a
11    local  ordinance,  a  violation  of or a similar out-of-state
12    offense or Section 9-3  of  the  Criminal  Code  of  1961,  a
13    violation  of  any out-of-state offense similar to any of the
14    offenses listed in this  subsection  (b),  or  a  failure  to
15    submit to a chemical test or tests of blood, breath, or urine
16    pursuant  to  Section  11-501.1  or  to  a preliminary breath
17    screening test or a field sobriety test or tests pursuant  to
18    Section  11-501.9  of  this  Code or similar provisions of an
19    out-of-state jurisdiction shall pay, in addition to any other
20    fees required by this Code, a reinstatement fee as follows:
21        Summary suspension under
22             Section 11-501.1 or 11-501.9....................$250
23        Revocation...........................................$250
24        (c)  All fees collected  under  the  provisions  of  this
25    Chapter  6  shall  be  paid  into  the Road Fund in the State
26    Treasury except as follows:
27             1.  The following amounts shall  be  paid  into  the
28        Driver Education Fund:
29                  (A)  $16   of  the  $20  fee  for  an  original
30             driver's instruction permit;
31                  (B)  $5 of the $10 fee for an original driver's
32             license;
33                  (C)  $5 of the $10 fee for  a  4  year  renewal
34             driver's license; and
 
                            -8-      LRB093 07860 DRH 08049 b
 1                  (D)  $4  of the $8 fee for a restricted driving
 2             permit.
 3             2.  $30 of  the  $60  fee  for  reinstatement  of  a
 4        license  summarily  suspended  under  Section 11-501.1 or
 5        11-501.9 shall be deposited into the  Drunk  and  Drugged
 6        Driving  Prevention  Fund.    However, for a person whose
 7        license or privilege to operate a motor vehicle  in  this
 8        State  has  been  suspended  or  revoked  for a second or
 9        subsequent time for a  violation  of  Section  11-501  or
10        11-501.1  of  this Code or a similar provision of a local
11        ordinance, a violation of or Section 9-3 of the  Criminal
12        Code  of  1961,  a  violation of any out-of-state offense
13        similar to any of the offenses listed in  this  paragraph
14        (2)  of  subsection  (c),  or  a  failure  to submit to a
15        chemical  test  or  tests  of  blood,  breath,  or  urine
16        pursuant to Section 11-501.1 or to a  preliminary  breath
17        screening test or a field sobriety test or tests pursuant
18        to Section 11-501.9 of this Code or similar provisions of
19        an  out-of-state  jurisdiction,  $190 of the $250 fee for
20        reinstatement of  a  license  summarily  suspended  under
21        Section  11-501.1  or  11-501.9, and $190 of the $250 fee
22        for reinstatement of a revoked license shall be deposited
23        into the Drunk and Drugged Driving Prevention Fund.
24             3.  $6  of  such  original  or  renewal  fee  for  a
25        commercial driver's license  and  $6  of  the  commercial
26        driver  instruction permit fee when such permit is issued
27        to any person holding a valid Illinois driver's  license,
28        shall be paid into the CDLIS/AAMVAnet Trust Fund.
29             4.  The fee for reinstatement of a license suspended
30        under  the  Family  Financial Responsibility Law shall be
31        paid into the Family Responsibility Fund.
32             5.  The $5 fee for each original or renewal M  or  L
33        endorsement  shall  be  deposited  into  the  Cycle Rider
34        Safety Training Fund.
 
                            -9-      LRB093 07860 DRH 08049 b
 1             6.  $20  of  any  original  or  renewal  fee  for  a
 2        commercial  driver's   license   or   commercial   driver
 3        instruction  permit  shall be paid into the Motor Carrier
 4        Safety Inspection Fund.
 5    (Source: P.A. 91-357, eff.  7-29-99;  91-537,  eff.  8-13-99;
 6    92-458, eff. 8-22-01.)

 7        (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
 8        Sec.  6-203.1.  (a)  The Secretary of State is authorized
 9    to suspend the driving privileges of a person persons:
10             (1)  arrested in another state for driving under the
11        influence  of  alcohol,   other   drug   or   drugs,   or
12        intoxicating  compound  or  compounds, or any combination
13        thereof, or a similar provision, and who has  refused  to
14        submit  to  a chemical test or tests, or to a preliminary
15        breath screening test or a field sobriety test  or  tests
16        under the provisions of implied consent, or.
17             (2)  requested  to  submit  to  a preliminary breath
18        screening test or a  field  sobriety  test  or  tests  in
19        another state under provisions of implied consent and who
20        has refused to submit to the test or tests.
21        (b)  When  a  driving  privilege has been suspended for a
22    refusal as provided  in  paragraph  (a)  and  the  person  is
23    subsequently convicted of the underlying charge, for the same
24    incident,  any  period served on suspension shall be credited
25    toward the minimum period of revocation of driving privileges
26    imposed pursuant to Section 6-206.
27    (Source: P.A. 90-779, eff. 1-1-99.)

28        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
29        Sec. 6-206.  Discretionary authority to suspend or revoke
30    license or permit; Right to a hearing.
31        (a)  The Secretary of State is authorized to  suspend  or
32    revoke   the   driving   privileges  of  any  person  without
 
                            -10-     LRB093 07860 DRH 08049 b
 1    preliminary hearing upon a showing of the person's records or
 2    other sufficient evidence that the person:
 3             1.  Has committed an  offense  for  which  mandatory
 4        revocation  of  a  driver's license or permit is required
 5        upon conviction;
 6             2.  Has been convicted of not less than  3  offenses
 7        against  traffic  regulations  governing  the movement of
 8        vehicles  committed  within  any  12  month  period.   No
 9        revocation or suspension shall be  entered  more  than  6
10        months after the date of last conviction;
11             3.  Has  been  repeatedly  involved  as  a driver in
12        motor vehicle collisions or has been repeatedly convicted
13        of offenses against laws and  ordinances  regulating  the
14        movement  of  traffic, to a degree that indicates lack of
15        ability to exercise ordinary and reasonable care  in  the
16        safe  operation  of a motor vehicle or disrespect for the
17        traffic laws and the safety of  other  persons  upon  the
18        highway;
19             4.  Has by the unlawful operation of a motor vehicle
20        caused  or  contributed to an accident resulting in death
21        or injury requiring immediate professional treatment in a
22        medical facility or doctor's office to any person, except
23        that  any  suspension  or  revocation  imposed   by   the
24        Secretary   of   State   under  the  provisions  of  this
25        subsection shall start no later than 6 months after being
26        convicted of violating a law or ordinance regulating  the
27        movement  of  traffic,  which violation is related to the
28        accident, or shall start not more than one year after the
29        date of the accident, whichever date occurs later;
30             5.  Has permitted an unlawful or fraudulent use of a
31        driver's license, identification card, or permit;
32             6.  Has been lawfully convicted  of  an  offense  or
33        offenses  in  another  state, including the authorization
34        contained in Section 6-203.1, which if  committed  within
 
                            -11-     LRB093 07860 DRH 08049 b
 1        this State would be grounds for suspension or revocation;
 2             7.  Has   refused   or   failed   to  submit  to  an
 3        examination provided for by Section 6-207 or  has  failed
 4        to pass the examination;
 5             8.  Is  ineligible  for a driver's license or permit
 6        under the provisions of Section 6-103;
 7             9.  Has  made  a  false   statement   or   knowingly
 8        concealed  a  material fact or has used false information
 9        or identification  in  any  application  for  a  license,
10        identification card, or permit;
11             10.  Has   possessed,  displayed,  or  attempted  to
12        fraudulently use any  license,  identification  card,  or
13        permit not issued to the person;
14             11.  Has  operated a motor vehicle upon a highway of
15        this  State  when  the  person's  driving  privilege   or
16        privilege  to  obtain  a  driver's  license or permit was
17        revoked or suspended unless the operation was  authorized
18        by  a  judicial  driving  permit, probationary license to
19        drive, or a restricted driving permit issued  under  this
20        Code;
21             12.  Has submitted to any portion of the application
22        process  for  another person or has obtained the services
23        of another  person  to  submit  to  any  portion  of  the
24        application  process  for  the  purpose  of  obtaining  a
25        license,  identification  card,  or permit for some other
26        person;
27             13.  Has operated a motor vehicle upon a highway  of
28        this  State  when the person's driver's license or permit
29        was invalid under the provisions of Sections 6-107.1  and
30        6-110;
31             14.  Has  committed  a  violation  of Section 6-301,
32        6-301.1, or 6-301.2 of this Act, or Section 14,  14A,  or
33        14B of the Illinois Identification Card Act;
34             15.  Has been convicted of violating Section 21-2 of
 
                            -12-     LRB093 07860 DRH 08049 b
 1        the  Criminal  Code of 1961 relating to criminal trespass
 2        to vehicles in which case, the suspension  shall  be  for
 3        one year;
 4             16.  Has  been convicted of violating Section 11-204
 5        of this Code relating to fleeing from a police officer;
 6             17.  Has refused to submit to a test, or  tests,  as
 7        required  under Section 11-501.1 or 11-501.9 of this Code
 8        and the person has not sought a hearing as  provided  for
 9        in Section 11-501.1;
10             18.  Has,  since  issuance  of a driver's license or
11        permit, been adjudged to be afflicted with  or  suffering
12        from any mental disability or disease;
13             19.  Has  committed  a violation of paragraph (a) or
14        (b) of  Section  6-101  relating  to  driving  without  a
15        driver's license;
16             20.  Has  been  convicted of violating Section 6-104
17        relating to classification of driver's license;
18             21.  Has been convicted of violating Section  11-402
19        of this Code relating to leaving the scene of an accident
20        resulting  in damage to a vehicle in excess of $1,000, in
21        which case the suspension shall be for one year;
22             22.  Has used a motor vehicle in violating paragraph
23        (3), (4), (7), or (9) of subsection (a) of  Section  24-1
24        of  the Criminal Code of 1961 relating to unlawful use of
25        weapons, in which case the suspension shall  be  for  one
26        year;
27             23.  Has,  as a driver, been convicted of committing
28        a violation of paragraph (a) of Section  11-502  of  this
29        Code for a second or subsequent time within one year of a
30        similar violation;
31             24.  Has   been  convicted  by  a  court-martial  or
32        punished   by   non-judicial   punishment   by   military
33        authorities  of  the  United   States   at   a   military
34        installation  in  Illinois  of  or  for a traffic related
 
                            -13-     LRB093 07860 DRH 08049 b
 1        offense that is the same as  or  similar  to  an  offense
 2        specified under Section 6-205 or 6-206 of this Code;
 3             25.  Has  permitted any form of identification to be
 4        used by another in the application process  in  order  to
 5        obtain  or  attempt  to  obtain a license, identification
 6        card, or permit;
 7             26.  Has altered or attempted to alter a license  or
 8        has possessed an altered license, identification card, or
 9        permit;
10             27.  Has violated Section 6-16 of the Liquor Control
11        Act of 1934;
12             28.  Has  been  convicted of the illegal possession,
13        while operating or  in  actual  physical  control,  as  a
14        driver,  of  a motor vehicle, of any controlled substance
15        prohibited under the Illinois Controlled  Substances  Act
16        or  any  cannabis  prohibited under the provisions of the
17        Cannabis Control Act, in which case the person's  driving
18        privileges  shall  be  suspended  for  one  year, and any
19        driver  who  is  convicted  of  a  second  or  subsequent
20        offense, within 5 years of a previous conviction, for the
21        illegal possession, while operating or in actual physical
22        control,  as  a  driver,  of  a  motor  vehicle,  of  any
23        controlled substance prohibited under the  provisions  of
24        the  Illinois  Controlled  Substances Act or any cannabis
25        prohibited  under  the  Cannabis  Control  Act  shall  be
26        suspended for 5 years. Any defendant found guilty of this
27        offense while operating a motor vehicle,  shall  have  an
28        entry  made  in  the  court record by the presiding judge
29        that this offense  did  occur  while  the  defendant  was
30        operating  a  motor  vehicle  and  order the clerk of the
31        court to report the violation to the Secretary of State;
32             29.  Has been convicted of  the  following  offenses
33        that  were committed while the person was operating or in
34        actual physical control, as a driver, of a motor vehicle:
 
                            -14-     LRB093 07860 DRH 08049 b
 1        criminal  sexual  assault,  predatory   criminal   sexual
 2        assault  of  a child, aggravated criminal sexual assault,
 3        criminal sexual abuse, aggravated criminal sexual  abuse,
 4        juvenile  pimping,  soliciting  for a juvenile prostitute
 5        and the  manufacture,  sale  or  delivery  of  controlled
 6        substances  or  instruments  used for illegal drug use or
 7        abuse in which case the driver's driving privileges shall
 8        be suspended for one year;
 9             30.  Has been convicted a second or subsequent  time
10        for any combination of the offenses named in paragraph 29
11        of  this  subsection,  in which case the person's driving
12        privileges shall be suspended for 5 years;
13             31.  Has refused to submit to a test as required  by
14        Section  11-501.6 or has submitted to a test resulting in
15        an alcohol concentration of 0.08 or more or any amount of
16        a  drug,  substance,  or  compound  resulting  from   the
17        unlawful  use or consumption of cannabis as listed in the
18        Cannabis Control Act, a controlled substance as listed in
19        the   Illinois   Controlled   Substances   Act,   or   an
20        intoxicating  compound  as   listed   in   the   Use   of
21        Intoxicating  Compounds  Act,  in  which case the penalty
22        shall be as prescribed in Section 6-208.1;
23             32.  Has been convicted of  Section  24-1.2  of  the
24        Criminal   Code   of  1961  relating  to  the  aggravated
25        discharge of a firearm if the offender was located  in  a
26        motor  vehicle at the time the firearm was discharged, in
27        which case the suspension shall be for 3 years;
28             33.  Has as  a driver, who was less than 21 years of
29        age on the date of the offense, been  convicted  a  first
30        time of a violation of paragraph (a) of Section 11-502 of
31        this Code or a similar provision of a local ordinance;
32             34.  Has  committed a violation of Section 11-1301.5
33        of this Code;
34             35.  Has committed a violation of Section  11-1301.6
 
                            -15-     LRB093 07860 DRH 08049 b
 1        of this Code;
 2             36.  Is  under  the  age  of 21 years at the time of
 3        arrest and has been convicted of not less than 2 offenses
 4        against traffic regulations  governing  the  movement  of
 5        vehicles  committed  within  any  24  month  period.   No
 6        revocation  or  suspension  shall  be entered more than 6
 7        months after the date of last conviction;
 8             37.  Has committed a violation of subsection (c)  of
 9        Section 11-907 of this Code; or
10             38.  Has  been  convicted  of a violation of Section
11        6-20 of the Liquor Control  Act  of  1934  or  a  similar
12        provision of a local ordinance; or.
13             39.   38.  Has  committed  a  second  or  subsequent
14        violation of Section 11-1201 of this Code.
15        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
16    and  27  of  this  subsection,  license  means  any  driver's
17    license, any traffic ticket issued when the person's driver's
18    license  is  deposited  in  lieu of bail, a suspension notice
19    issued by the Secretary of State, a  duplicate  or  corrected
20    driver's  license,  a  probationary  driver's  license  or  a
21    temporary driver's license.
22        (b)  If  any conviction forming the basis of a suspension
23    or revocation authorized under this Section is appealed,  the
24    Secretary  of  State may rescind or withhold the entry of the
25    order of suspension  or  revocation,  as  the  case  may  be,
26    provided  that a certified copy of a stay order of a court is
27    filed with the Secretary of  State.   If  the  conviction  is
28    affirmed  on  appeal, the date of the conviction shall relate
29    back to the time the  original  judgment  of  conviction  was
30    entered  and  the  6  month  limitation  prescribed shall not
31    apply.
32         (c) 1.  Upon suspending or revoking the driver's license
33        or permit of any person as authorized  in  this  Section,
34        the  Secretary  of  State  shall  immediately  notify the
 
                            -16-     LRB093 07860 DRH 08049 b
 1        person in writing of the revocation  or  suspension.  The
 2        notice to be deposited in the United States mail, postage
 3        prepaid, to the last known address of the person.
 4             2.  If  the Secretary of State suspends the driver's
 5        license of a person under subsection 2 of  paragraph  (a)
 6        of  this  Section,  a  person's  privilege  to  operate a
 7        vehicle as an occupation shall not be suspended, provided
 8        an affidavit is properly completed, the  appropriate  fee
 9        received, and a permit issued prior to the effective date
10        of  the  suspension, unless 5 offenses were committed, at
11        least 2 of which occurred while  operating  a  commercial
12        vehicle   in   connection   with   the  driver's  regular
13        occupation.  All  other  driving  privileges   shall   be
14        suspended  by the Secretary of State. Any driver prior to
15        operating a vehicle for occupational purposes  only  must
16        submit  the  affidavit  on  forms  to  be provided by the
17        Secretary  of  State  setting  forth  the  facts  of  the
18        person's occupation.  The affidavit shall also state  the
19        number of offenses committed while operating a vehicle in
20        connection  with  the  driver's  regular  occupation. The
21        affidavit shall be accompanied by the  driver's  license.
22        Upon  receipt  of  a  properly  completed  affidavit, the
23        Secretary of State shall issue the  driver  a  permit  to
24        operate a vehicle in connection with the driver's regular
25        occupation  only.  Unless  the  permit  is  issued by the
26        Secretary of State prior to the date of  suspension,  the
27        privilege  to  drive any motor vehicle shall be suspended
28        as set forth in the notice that  was  mailed  under  this
29        Section.  If  an  affidavit is received subsequent to the
30        effective date of this suspension, a permit may be issued
31        for the remainder of the suspension period.
32             The provisions of this subparagraph shall not  apply
33        to  any  driver  required to obtain a commercial driver's
34        license under  Section  6-507  during  the  period  of  a
 
                            -17-     LRB093 07860 DRH 08049 b
 1        disqualification  of  commercial driving privileges under
 2        Section 6-514.
 3             Any person  who  falsely  states  any  fact  in  the
 4        affidavit  required  herein  shall  be  guilty of perjury
 5        under Section 6-302 and  upon  conviction  thereof  shall
 6        have  all  driving  privileges  revoked  without  further
 7        rights.
 8             3.  At  the  conclusion  of  a hearing under Section
 9        2-118 of this Code, the Secretary of State  shall  either
10        rescind  or  continue  an  order  of  revocation or shall
11        substitute  an  order  of  suspension;  or,  good   cause
12        appearing  therefor, rescind, continue, change, or extend
13        the order of suspension.  If the Secretary of State  does
14        not   rescind   the   order,   the   Secretary  may  upon
15        application,  to  relieve   undue   hardship,   issue   a
16        restricted  driving  permit  granting  the  privilege  of
17        driving   a   motor   vehicle  between  the  petitioner's
18        residence and petitioner's place of employment or  within
19        the  scope  of his employment related duties, or to allow
20        transportation for the petitioner, or a household  member
21        of  the petitioner's family, to receive necessary medical
22        care  and  if  the  professional  evaluation   indicates,
23        provide    transportation   for   alcohol   remedial   or
24        rehabilitative activity, or for the petitioner to  attend
25        classes,  as  a  student,  in  an  accredited educational
26        institution; if the petitioner  is  able  to  demonstrate
27        that no alternative means of transportation is reasonably
28        available and the petitioner will not endanger the public
29        safety or welfare.
30             If  a person's license or permit has been revoked or
31        suspended due to  2  or  more  convictions  of  violating
32        Section  11-501  of this Code or a similar provision of a
33        local  ordinance  or  a  similar  out-of-state   offense,
34        arising  out  of  separate  occurrences,  that person, if
 
                            -18-     LRB093 07860 DRH 08049 b
 1        issued a restricted driving permit,  may  not  operate  a
 2        vehicle  unless  it  has  been  equipped with an ignition
 3        interlock device as defined in Section 1-129.1.
 4             If a person's license or permit has been revoked  or
 5        suspended  2 or more times within a 10 year period due to
 6        a single conviction of violating Section 11-501  of  this
 7        Code  or  a  similar  provision of a local ordinance or a
 8        similar out-of-state offense,  and  a  statutory  summary
 9        suspension under Section 11-501.1, or 2 or more statutory
10        summary  suspensions, or combination of 2 offenses, or of
11        an offense and a statutory  summary  suspension,  arising
12        out  of  separate  occurrences,  that person, if issued a
13        restricted driving permit,  may  not  operate  a  vehicle
14        unless  it  has  been equipped with an ignition interlock
15        device as defined in Section 1-129.1.   The  person  must
16        pay  to the Secretary of State DUI Administration Fund an
17        amount not to exceed $20 per month.  The Secretary  shall
18        establish  by  rule the amount and the procedures, terms,
19        and conditions relating to these fees.  If the restricted
20        driving permit was issued for employment  purposes,  then
21        this  provision  does  not  apply  to the operation of an
22        occupational vehicle owned or  leased  by  that  person's
23        employer.   In  each  case  the  Secretary  may  issue  a
24        restricted   driving   permit   for   a   period   deemed
25        appropriate,  except that all permits shall expire within
26        one year from the date of issuance.   The  Secretary  may
27        not,  however,  issue  a restricted driving permit to any
28        person whose current revocation is the result of a second
29        or subsequent  conviction  for  a  violation  of  Section
30        11-501  of  this  Code  or a similar provision of a local
31        ordinance relating to the offense of operating  or  being
32        in  physical  control  of a motor vehicle while under the
33        influence of alcohol, other drug or  drugs,  intoxicating
34        compound   or  compounds,  or  any  similar  out-of-state
 
                            -19-     LRB093 07860 DRH 08049 b
 1        offense, or any combination of those offenses, until  the
 2        expiration  of  at  least  one  year from the date of the
 3        revocation.  A restricted  driving  permit  issued  under
 4        this   Section   shall   be   subject   to  cancellation,
 5        revocation, and suspension by the Secretary of  State  in
 6        like  manner  and  for  like  cause as a driver's license
 7        issued under this Code  may  be  cancelled,  revoked,  or
 8        suspended;  except  that  a  conviction  upon one or more
 9        offenses  against  laws  or  ordinances  regulating   the
10        movement  of traffic shall be deemed sufficient cause for
11        the  revocation,  suspension,  or   cancellation   of   a
12        restricted  driving  permit.  The Secretary of State may,
13        as a condition to the issuance of  a  restricted  driving
14        permit,   require  the  applicant  to  participate  in  a
15        designated driver  remedial  or  rehabilitative  program.
16        The   Secretary  of  State  is  authorized  to  cancel  a
17        restricted driving permit if the permit holder  does  not
18        successfully complete the program.
19        (c-5)  The  Secretary of State may, as a condition of the
20    reissuance of a driver's license or permit  to  an  applicant
21    whose driver's license or permit has been suspended before he
22    or  she  reached  the  age of 18 years pursuant to any of the
23    provisions  of  this  Section,  require  the   applicant   to
24    participate  in  a  driver  remedial  education course and be
25    retested under Section 6-109 of this Code.
26        (d)  This Section is subject to  the  provisions  of  the
27    Drivers License Compact.
28        (e)  The  Secretary of State shall not issue a restricted
29    driving permit to a person under the age of  16  years  whose
30    driving  privileges  have been suspended or revoked under any
31    provisions of this Code.
32    (Source: P.A. 92-283,  eff.  1-1-02;  92-418,  eff.  8-17-01;
33    92-458,  eff.  8-22-01;  92-651,  eff.  7-11-02; 92-804, eff.
34    1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)
 
                            -20-     LRB093 07860 DRH 08049 b
 1        (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
 2        Sec. 6-206.1.  Judicial Driving  Permit.  Declaration  of
 3    Policy.  It  is  hereby  declared  a  policy  of the State of
 4    Illinois that the driver who is impaired  by  alcohol,  other
 5    drug  or  drugs,  or  intoxicating compound or compounds is a
 6    threat to  the  public  safety  and  welfare.  Therefore,  to
 7    provide  a  deterrent  to such practice and to remove problem
 8    drivers  from  the  highway,  a  statutory  summary  driver's
 9    license suspension is appropriate. It is also recognized that
10    driving is a privilege and therefore, that in some cases  the
11    granting of limited driving privileges, where consistent with
12    public  safety,  is warranted during the period of suspension
13    in the form of a judicial driving permit  to  drive  for  the
14    purpose  of  employment,  receiving drug treatment or medical
15    care, and educational pursuits, where no alternative means of
16    transportation is available.
17        The following procedures shall  apply  whenever  a  first
18    offender  is  arrested  for any offense as defined in Section
19    11-501 or a similar provision of a local ordinance:
20        (a)  Subsequent to a notification of a statutory  summary
21    suspension  of  driving  privileges  as  provided  in Section
22    11-501.1, the first offender as defined in Section 11-500 may
23    petition the circuit court of venue for  a  Judicial  Driving
24    Permit,  hereinafter  referred  as  a  JDP,  to relieve undue
25    hardship.   The court may issue a court  order,  pursuant  to
26    the   criteria  contained  in  this  Section,  directing  the
27    Secretary of State to issue such a  JDP  to  the  petitioner.
28    Except  as provided in subsection (f-1) of Section 6-208.1, a
29    JDP shall not become effective prior to the 31st day  of  the
30    original  statutory  summary  suspension.   A  JDP  and shall
31    always be subject to the following criteria:
32             1.  If ordered for the purposes of  employment,  the
33        JDP  shall  be  only  for  the  purpose  of providing the
34        petitioner the  privilege  of  driving  a  motor  vehicle
 
                            -21-     LRB093 07860 DRH 08049 b
 1        between  the  petitioner's residence and the petitioner's
 2        place of employment and return; or within  the  scope  of
 3        the  petitioner's  employment  related  duties,  shall be
 4        effective only during and limited to those specific times
 5        and routes actually required to commute  or  perform  the
 6        petitioner's employment related duties.
 7             2.  The court, by a court order, may also direct the
 8        Secretary of State to issue a JDP to allow transportation
 9        for   the  petitioner,  or  a  household  member  of  the
10        petitioner's  family,  to  receive  alcohol,   drug,   or
11        intoxicating  compound  treatment or medical care, if the
12        petitioner is able to  demonstrate  that  no  alternative
13        means of transportation is reasonably available. Such JDP
14        shall   be  effective  only  during  the  specific  times
15        actually required to commute.
16             3.  The court, by a court order, may also direct the
17        Secretary of State to issue a JDP to allow transportation
18        by  the  petitioner   for   educational   purposes   upon
19        demonstrating  that  there  are  no  alternative means of
20        transportation reasonably available to  accomplish  those
21        educational  purposes.  Such  JDP  shall  be only for the
22        purpose of  providing  transportation  to  and  from  the
23        petitioner's  residence  and  the  petitioner's  place of
24        educational activity, and only during the specific  times
25        and  routes  actually  required to commute or perform the
26        petitioner's educational requirement.
27             4.  The Court shall not issue an  order  granting  a
28        JDP to:
29                  (i)  Any  person  unless  and  until the court,
30             after  considering  the   results   of   a   current
31             professional  evaluation  of the person's alcohol or
32             other drug use by  an  agency  pursuant  to  Section
33             15-10  of  the  Alcoholism  and Other Drug Abuse and
34             Dependency Act and other  appropriate  investigation
 
                            -22-     LRB093 07860 DRH 08049 b
 1             of  the  person,  is  satisfied  that  granting  the
 2             privilege of driving a motor vehicle on the highways
 3             will not endanger the public safety or welfare.
 4                  (ii)  Any  person  who  has  been  convicted of
 5             reckless homicide within the previous 5 years.
 6                  (iii)  Any person whose privilege to operate  a
 7             motor  vehicle was invalid at the time of arrest for
 8             the  current  violation  of  Section  11-501,  or  a
 9             similar provision of a local  ordinance,  except  in
10             cases   where  the  cause  for  a  driver's  license
11             suspension has been removed at the  time  a  JDP  is
12             effective.   In  any  case,  should the Secretary of
13             State enter a suspension or  revocation  of  driving
14             privileges  pursuant  to the provisions of this Code
15             while the JDP is in effect or pending, the Secretary
16             shall take  the  prescribed  action  and  provide  a
17             notice  to  the  person  and  the court ordering the
18             issuance of the JDP  that  all  driving  privileges,
19             including those provided by the issuance of the JDP,
20             have been withdrawn.
21                  (iv)  Any person under the age of 18 years.
22        (b)  Prior  to  ordering  the issuance of a JDP the Court
23    should  consider  at  least,  but  not  be  limited  to,  the
24    following issues:
25             1.  Whether the person  is  employed  and  no  other
26        means   of  commuting  to  the  place  of  employment  is
27        available or that the person must drive as a condition of
28        employment. The  employer  shall  certify  the  hours  of
29        employment  and  the  need  and  parameters necessary for
30        driving as a condition to employment.
31             2.  Whether the person must drive to secure  alcohol
32        or  other  medical  treatment  for  himself  or  a family
33        member.
34             3.  Whether the person must  drive  for  educational
 
                            -23-     LRB093 07860 DRH 08049 b
 1        purposes.   The educational institution shall certify the
 2        person's enrollment  in  and  academic  schedule  at  the
 3        institution.
 4             4.  Whether the person has been repeatedly convicted
 5        of  traffic  violations  or  involved  in  motor  vehicle
 6        accidents  to  a  degree  which  indicates disrespect for
 7        public safety.
 8             5.  Whether the  person  has  been  convicted  of  a
 9        traffic  violation  in connection with a traffic accident
10        resulting in the death of any person within  the  last  5
11        years.
12             6.  Whether the person is likely to obey the limited
13        provisions of the JDP.
14             7.  Whether  the  person  has any additional traffic
15        violations pending in any court.
16        For  purposes  of  this  Section,   programs   conducting
17    professional  evaluations  of a person's alcohol, other drug,
18    or intoxicating compound use must report,  to  the  court  of
19    venue,  using  a form prescribed by the Secretary of State. A
20    copy of such evaluations shall be sent to  the  Secretary  of
21    State by the court. However, the evaluation information shall
22    be  privileged  and  only  available  to  courts  and  to the
23    Secretary of State,  but  shall  not  be  admissible  in  the
24    subsequent trial on the underlying charge.
25        (c)  The  scope of any court order issued for a JDP under
26    this Section shall be limited to the  operation  of  a  motor
27    vehicle as provided for in subsection (a) of this Section and
28    shall specify the petitioner's residence, place of employment
29    or  location of educational institution, and the scope of job
30    related duties, if relevant.  The JDP shall also specify days
31    of the week and specific hours of the day when the petitioner
32    is able to exercise the  limited  privilege  of  operating  a
33    motor vehicle. If the Petitioner, who has been granted a JDP,
34    is issued a citation for a traffic related offense, including
 
                            -24-     LRB093 07860 DRH 08049 b
 1    operating  a motor vehicle outside the limitations prescribed
 2    in the JDP or a violation of Section 6-303, or  is  convicted
 3    of  any such an offense during the term of the JDP, the court
 4    shall consider cancellation of the  limited  driving  permit.
 5    In any case, if the Petitioner commits an offense, as defined
 6    in  Section  11-501,  or  a  similar  provision  of  a  local
 7    ordinance,  as evidenced by the issuance of a Uniform Traffic
 8    Ticket, the JDP shall be forwarded by the court of  venue  to
 9    the court ordering the issuance of the JDP, for cancellation.
10    The  court  shall  notify  the Secretary of State of any such
11    cancellation.
12        (d)  The Secretary of State shall, upon receiving a court
13    order from the court of venue, issue a JDP  to  a  successful
14    Petitioner  under  this Section.  Such court order form shall
15    also contain a notification,  which  shall  be  sent  to  the
16    Secretary  of  State,  providing  the  name, driver's license
17    number and legal address of the  successful  petitioner,  and
18    the  full  and detailed description of the limitations of the
19    JDP. This information shall be available only to the  courts,
20    police  officers,  and  the Secretary of State, except during
21    the actual period the JDP is  valid,  during  which  time  it
22    shall be a public record. The Secretary of State shall design
23    and  furnish to the courts an official court order form to be
24    used by the courts when directing the Secretary of  State  to
25    issue a JDP.
26        Any submitted court order that contains insufficient data
27    or  fails  to comply with this Code shall not be utilized for
28    JDP issuance or entered to the driver  record  but  shall  be
29    returned  to  the issuing court indicating why the JDP cannot
30    be so entered.  A notice of this action shall also be sent to
31    the JDP petitioner by the Secretary of State.
32        (e)  The circuit court of venue may conduct the  judicial
33    hearing,  as provided in Section 2-118.1, and the JDP hearing
34    provided  in  this  Section,  concurrently.  Such  concurrent
 
                            -25-     LRB093 07860 DRH 08049 b
 1    hearing shall proceed in the court in the same manner  as  in
 2    other civil proceedings.
 3        (f)  The  circuit  court  of venue may, as a condition of
 4    the issuance of a JDP, prohibit the person from  operating  a
 5    motor vehicle not equipped with an ignition interlock device.
 6    (Source:  P.A.  90-369,  eff.  1-1-98;  90-779,  eff. 1-1-99;
 7    91-127, eff. 1-1-00.)

 8        (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
 9        Sec. 6-208.1.  Period of statutory summary alcohol, other
10    drug, or intoxicating compound related suspension.
11        (a)  Unless the statutory  summary  suspension  has  been
12    rescinded,  any  person  whose  privilege  to  drive  a motor
13    vehicle on the public highways has been summarily  suspended,
14    pursuant  to  Section  11-501.1  or  11-501.9,  shall  not be
15    eligible  for  restoration  of  the   privilege   until   the
16    expiration of:
17             1.  Six  months  from  the  effective  date  of  the
18        statutory  summary suspension for a refusal or failure to
19        complete a test or tests to determine the alcohol,  drug,
20        or   intoxicating  compound  concentration,  pursuant  to
21        Section 11-501.1; or for a refusal or failure to complete
22        a preliminary breath screening test or a  field  sobriety
23        test or tests pursuant to Section 11-501.9; or
24             2.  Three  months  from  the  effective  date of the
25        statutory  summary  suspension  imposed   following   the
26        person's submission to a chemical test which disclosed an
27        alcohol concentration of 0.08 or more, or any amount of a
28        drug,   substance,   or  intoxicating  compound  in  such
29        person's breath,  blood,  or  urine  resulting  from  the
30        unlawful  use  or  consumption  of cannabis listed in the
31        Cannabis Control Act, a controlled  substance  listed  in
32        the   Illinois   Controlled   Substances   Act,   or   an
33        intoxicating  compound  listed in the Use of Intoxicating
 
                            -26-     LRB093 07860 DRH 08049 b
 1        Compounds Act, pursuant to Section 11-501.1; or
 2             3.  Three years  from  the  effective  date  of  the
 3        statutory  summary suspension for any person other than a
 4        first offender who refuses or fails to complete a test or
 5        tests to determine the  alcohol,  drug,  or  intoxicating
 6        compound concentration pursuant to Section 11-501.1; or
 7             3.1.  Two  years  from  the  effective  date  of the
 8        statutory summary suspension for any person other than  a
 9        first  offender  who  refuses  or  fails  to  complete  a
10        preliminary  breath  screening  test  or a field sobriety
11        test or tests pursuant to Section 11-501.9; or
12             4.  One year from the effective date of the  summary
13        suspension  imposed  for  any  person  other than a first
14        offender following submission to a  chemical  test  which
15        disclosed  an  alcohol  concentration  of  0.08  or  more
16        pursuant  to  Section  11-501.1  or any amount of a drug,
17        substance or compound in such  person's  blood  or  urine
18        resulting   from  the  unlawful  use  or  consumption  of
19        cannabis listed in the Cannabis Control Act, a controlled
20        substance listed in the  Illinois  Controlled  Substances
21        Act,  or  an  intoxicating  compound listed in the Use of
22        Intoxicating Compounds Act.
23        (b)  Following a  statutory  summary  suspension  of  the
24    privilege  to drive a motor vehicle under Section 11-501.1 or
25    11-501.9, full driving privileges shall  be  restored  unless
26    the  person  is  otherwise disqualified by this Code.  If the
27    court  has  reason  to  believe  that  the  person's  driving
28    privilege should not be restored, the court shall notify  the
29    Secretary  of  State prior to the expiration of the statutory
30    summary  suspension  so  appropriate  action  may  be   taken
31    pursuant to this Code.
32        (c)  Full  driving  privileges  may not be restored until
33    all applicable reinstatement fees, as provided by this  Code,
34    have  been paid to the Secretary of State and the appropriate
 
                            -27-     LRB093 07860 DRH 08049 b
 1    entry made to the driver's record.
 2        (d)  Where  a  driving  privilege  has   been   summarily
 3    suspended  under  Section 11-501.1 or 11-501.9 and the person
 4    is subsequently convicted of violating Section 11-501,  or  a
 5    similar   provision  of  a  local  ordinance,  for  the  same
 6    incident, any period served on statutory  summary  suspension
 7    shall  be credited toward the minimum period of revocation of
 8    driving privileges imposed pursuant to Section 6-205.
 9        (e)  Following a statutory summary suspension of  driving
10    privileges   pursuant   to  Section  11-501.1,  for  a  first
11    offender, the circuit court may, after at least 30 days  from
12    the  effective date of the statutory summary suspension or as
13    provided in subsection (e-1), issue a judicial driving permit
14    as provided in Section 6-206.1.
15        (e-1)  Following  a  statutory  summary   suspension   of
16    driving   privileges  under  Section  11-501.1  for  a  first
17    offender, if that  person  also  (i)  has  never  received  a
18    disposition  of  supervision  for  any  offense as defined in
19    Section 11-501 or a similar provision of  a  local  ordinance
20    and  (ii)  submitted  to  field  sobriety tests under Section
21    11-501.9 before the statutory summary suspension was  imposed
22    under  Section  11-501.1,  the circuit court may, at any time
23    after the statutory  summary  suspension  has  been  imposed,
24    issue a judicial driving permit under Section 6-206.1.
25        (f)  Subsequent to an arrest of a first offender, for any
26    offense  as  defined in Section 11-501 or a similar provision
27    of  a  local  ordinance,  following   a   statutory   summary
28    suspension   of   driving   privileges  pursuant  to  Section
29    11-501.1, for a first offender, the circuit court may issue a
30    court order directing the  Secretary  of  State  to  issue  a
31    judicial  driving  permit  as  provided  in  Section 6-206.1.
32    Except as provided in subsection  (e-1),  however,  this  JDP
33    shall not be effective prior to the 31st day of the statutory
34    summary suspension.
 
                            -28-     LRB093 07860 DRH 08049 b
 1        (f-1)  Following   a   statutory  summary  suspension  of
 2    driving privileges pursuant to Section 11-501.9, for a  first
 3    offender,  the Secretary of State may, after at least 30 days
 4    from the effective date of the statutory summary  suspension,
 5    issue  a  restricted driving permit as provided in subsection
 6    (g) of Section 11-501.9.
 7        (g)  Following a statutory summary suspension of  driving
 8    privileges  pursuant to Section 11-501.1 where the person was
 9    not a first offender, as defined  in  Section  11-500,  or  a
10    preliminary breath screening test or a field sobriety test or
11    tests  the  Secretary  of  State  may  not issue a restricted
12    driving permit.
13        (h) (Blank).
14        (i)  When a person has refused to submit to or failed  to
15    complete  a chemical test or tests of blood, breath, or urine
16    pursuant to Section  11-501.1  or  to  a  preliminary  breath
17    screening  test or a field sobriety test or tests pursuant to
18    Section 11-501.9, the person's driving  privileges  shall  be
19    statutorily  suspended under the provisions of both Sections,
20    but  the  periods   of   statutory   suspension   shall   run
21    concurrently.
22    (Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01.)

23        (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
24        Sec.  6-303.  Driving  while  driver's license, permit or
25    privilege to operate a motor vehicle is suspended or revoked.
26        (a)  Any person who  drives  or  is  in  actual  physical
27    control  of a motor vehicle on any highway of this State at a
28    time when such person's driver's license, permit or privilege
29    to do so or the privilege to obtain  a  driver's  license  or
30    permit  is  revoked  or suspended as provided by this Code or
31    the law of another  state,  except  as  may  be  specifically
32    allowed  by  and  subject  to  the  conditions  of a judicial
33    driving  permit,  family  financial  responsibility   driving
 
                            -29-     LRB093 07860 DRH 08049 b
 1    permit,  probationary  license  to  drive,  or  a  restricted
 2    driving  permit issued pursuant to this Code or under the law
 3    of another state, shall be guilty of a Class A misdemeanor.
 4        (b)  The Secretary of State upon receiving  a  report  of
 5    the  conviction  of  any  violation  indicating  a person was
 6    operating a motor vehicle during the time when said  person's
 7    driver's  license,  permit  or privilege was suspended by the
 8    Secretary, by the appropriate authority of another state,  or
 9    pursuant  to  Section 11-501.1 or 11-501.9,; except as may be
10    specifically allowed by  a  probationary  license  to  drive,
11    judicial  driving  permit or restricted driving permit issued
12    pursuant to this Code or the  law  of  another  state;  shall
13    extend  the  suspension  for  the  same period of time as the
14    originally imposed suspension;  however,  if  the  period  of
15    suspension   has   then   expired,  the  Secretary  shall  be
16    authorized to suspend said person's  driving  privileges  for
17    the same period of time as the originally imposed suspension;
18    and  if the conviction was upon a charge which indicated that
19    a vehicle was operated during  the  time  when  the  person's
20    driver's  license, permit or privilege was revoked; except as
21    may be allowed by a restricted driving permit issued pursuant
22    to this Code or the law of another state; the Secretary shall
23    not issue a driver's license for an additional period of  one
24    year  from the date of such conviction indicating such person
25    was operating a vehicle during such period of revocation.
26        (c)  Any person convicted of violating this Section shall
27    serve a minimum term of imprisonment of 10  consecutive  days
28    or  30  days  of  community service when the person's driving
29    privilege was revoked or suspended as a result of:
30             (1)  a violation of Section 11-501 of this Code or a
31        similar provision of a local ordinance  relating  to  the
32        offense  of  operating  or being in physical control of a
33        vehicle while under the influence of alcohol,  any  other
34        drug or any combination thereof; or
 
                            -30-     LRB093 07860 DRH 08049 b
 1             (2)  a  violation of paragraph (b) of Section 11-401
 2        of this Code or a similar provision of a local  ordinance
 3        relating  to  the offense of leaving the scene of a motor
 4        vehicle accident involving personal injury or death; or
 5             (3)  a violation of Section 9-3 of the Criminal Code
 6        of 1961, as amended, relating to the offense of  reckless
 7        homicide; or
 8             (4)  a  statutory  summary  suspension under Section
 9        11-501.1 or 11-501.9 of this Code.
10        Such sentence of imprisonment or community service  shall
11    not  be  subject  to  suspension  in  order  to  reduce  such
12    sentence.
13        (c-1)  Except  as  provided in subsection (d), any person
14    convicted of a second violation  of  this  Section  shall  be
15    ordered  by  the  court  to  serve  a minimum of 100 hours of
16    community service.
17        (c-2)  In addition to other penalties imposed under  this
18    Section,  the  court  may  impose  on  any person convicted a
19    fourth time of violating this Section any of the following:
20             (1)  Seizure of the license plates of  the  person's
21        vehicle.
22             (2)  Immobilization  of  the  person's vehicle for a
23        period of time to be determined by the court.
24        (d)  Any person convicted of a second violation  of  this
25    Section shall be guilty of a Class 4 felony and shall serve a
26    minimum  term  of  imprisonment  of  30  days or 300 hours of
27    community  service,  as  determined  by  the  court,  if  the
28    revocation or suspension  was  for  a  violation  of  Section
29    11-401  or  11-501  of  this  Code, or a similar out-of-state
30    offense, or a similar  provision  of  a  local  ordinance,  a
31    violation  of  Section  9-3  of  the  Criminal  Code of 1961,
32    relating to the offense of reckless homicide,  or  a  similar
33    out-of-state offense, or a statutory summary suspension under
34    Section 11-501.1 or 11-501.9 of this Code.
 
                            -31-     LRB093 07860 DRH 08049 b
 1        (d-1)  Except   as   provided  in  subsection  (d-2)  and
 2    subsection  (d-3),  any  person  convicted  of  a  third   or
 3    subsequent  violation  of  this Section shall serve a minimum
 4    term of imprisonment of 30 days or  300  hours  of  community
 5    service, as determined by the court.
 6        (d-2)  Any  person convicted of a third violation of this
 7    Section is guilty of a  Class  4  felony  and  must  serve  a
 8    minimum  term of imprisonment of 30 days if the revocation or
 9    suspension was for a violation of Section 11-401 or 11-501 of
10    this Code, or a similar out-of-state offense,  or  a  similar
11    provision of a local ordinance, a violation of Section 9-3 of
12    the  Criminal  Code  of  1961,  relating  to  the  offense of
13    reckless homicide, or a similar out-of-state  offense,  or  a
14    statutory  summary  suspension under Section 11-501.1 of this
15    Code.
16        (d-3)  Any person convicted of  a  fourth  or  subsequent
17    violation  of  this Section is guilty of a Class 4 felony and
18    must serve a minimum term of imprisonment of 180 days if  the
19    revocation  or  suspension  was  for  a  violation of Section
20    11-401 or 11-501 of this  Code,  or  a  similar  out-of-state
21    offense,  or  a  similar  provision  of  a local ordinance, a
22    violation of Section  9-3  of  the  Criminal  Code  of  1961,
23    relating  to  the  offense of reckless homicide, or a similar
24    out-of-state offense, or a statutory summary suspension under
25    Section 11-501.1 of this Code.
26        (e)  Any person in violation of this Section who is  also
27    in  violation  of  Section  7-601  of  this  Code relating to
28    mandatory  insurance  requirements,  in  addition  to   other
29    penalties  imposed  under this Section, shall have his or her
30    motor vehicle immediately  impounded  by  the  arresting  law
31    enforcement officer. The motor vehicle may be released to any
32    licensed  driver upon a showing of proof of insurance for the
33    vehicle that was impounded and the notarized written  consent
34    for the release by the vehicle owner.
 
                            -32-     LRB093 07860 DRH 08049 b
 1        (f)  For  any prosecution under this Section, a certified
 2    copy of the  driving  abstract  of  the  defendant  shall  be
 3    admitted as proof of any prior conviction.
 4        (g)  The  motor  vehicle  used  in  a  violation  of this
 5    Section is subject to seizure and forfeiture as  provided  in
 6    Sections  36-1  and  36-2 of the Criminal Code of 1961 if the
 7    person's driving privilege was  revoked  or  suspended  as  a
 8    result of a violation listed in paragraph (1), (2), or (3) of
 9    subsection  (c)  of  this Section or as a result of a summary
10    suspension as provided in paragraph (4) of subsection (c)  of
11    this Section.
12    (Source:  P.A.  91-692,  eff.  4-13-00; 92-340, eff. 8-10-01;
13    92-688, eff. 7-16-02.)

14        (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
15        Sec.   11-500.  Definitions.   For   the   purposes    of
16    interpreting  Sections  6-206.1  and  6-208.1  of  this Code,
17    "first offender" shall mean: (i) any person who has not had a
18    previous  conviction  or  court  assigned   supervision   for
19    violating  Section  11-501, or a similar provision of a local
20    ordinance, or a conviction in any other state for a violation
21    of driving while under the influence  or  a  similar  offense
22    where  the  cause  of  action  is  the  same or substantially
23    similar to this Code, or (ii) any person who has  not  had  a
24    driver's license suspension for violating Section 11-501.1 or
25    11-501.9  within  5  years  prior  to the date of the current
26    offense or failure to submit to or complete a  chemical  test
27    or  tests  of  blood,  breath,  or  urine pursuant to Section
28    11-501.1 or a preliminary breath screening test  or  a  field
29    sobriety  test  or tests pursuant to Section 11-501.9, except
30    in cases where  the  driver  submitted  to  chemical  testing
31    resulting in an alcohol concentration of 0.08 or more, or any
32    amount  of  a  drug,  substance, or compound in such person's
33    blood or urine resulting from the unlawful use or consumption
 
                            -33-     LRB093 07860 DRH 08049 b
 1    of cannabis listed in the Cannabis Control Act, a  controlled
 2    substance  listed  in the Illinois Controlled Substances Act,
 3    or an intoxicating compound listed in the Use of Intoxicating
 4    Compounds Act  and  was  subsequently  found  not  guilty  of
 5    violating  Section  11-501, or a similar provision of a local
 6    ordinance.
 7    (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)

 8        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
 9        Sec.  11-501.   Driving  while  under  the  influence  of
10    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
11    compounds or any combination thereof.
12        (a)  A person shall not drive or be  in  actual  physical
13    control of any vehicle within this State while:
14             (1)  the alcohol concentration in the person's blood
15        or  breath  is  0.08  or  more based on the definition of
16        blood and breath units in Section 11-501.2;
17             (2)  under the influence of alcohol;
18             (3)  under  the  influence   of   any   intoxicating
19        compound  or  combination  of intoxicating compounds to a
20        degree that  renders  the  person  incapable  of  driving
21        safely;
22             (4)  under  the  influence  of  any  other  drug  or
23        combination  of drugs to a degree that renders the person
24        incapable of safely driving;
25             (5)  under the combined influence of alcohol,  other
26        drug or drugs, or intoxicating compound or compounds to a
27        degree  that  renders  the  person  incapable  of  safely
28        driving; or
29             (6)  there  is  any  amount of a drug, substance, or
30        compound  in  the  person's  breath,  blood,   or   urine
31        resulting   from  the  unlawful  use  or  consumption  of
32        cannabis listed in the Cannabis Control Act, a controlled
33        substance listed in the  Illinois  Controlled  Substances
 
                            -34-     LRB093 07860 DRH 08049 b
 1        Act,  or  an  intoxicating  compound listed in the Use of
 2        Intoxicating Compounds Act.
 3        (b)  The fact that any person charged with violating this
 4    Section is or has been legally entitled to use alcohol, other
 5    drug or drugs, or intoxicating compound or compounds, or  any
 6    combination  thereof,  shall not constitute a defense against
 7    any charge of violating this Section.
 8        (c)  Except as provided under  paragraphs  (c-3),  (c-4),
 9    and  (d) of this Section, every person convicted of violating
10    this Section or a similar provision  of  a  local  ordinance,
11    shall  be guilty of a Class A misdemeanor and, in addition to
12    any other criminal or administrative action, for  any  second
13    conviction  of  violating this Section or a similar provision
14    of a law of another state or local ordinance committed within
15    5 years of a previous violation of this Section or a  similar
16    provision of a local ordinance shall be mandatorily sentenced
17    to  a  minimum  of  5  days  of imprisonment or assigned to a
18    minimum of 30 days of community service as may be  determined
19    by  the  court.  Every  person  convicted  of  violating this
20    Section or a similar provision of a local ordinance shall  be
21    subject  to  an additional mandatory minimum fine of $500 and
22    an additional mandatory 5 days  of  community  service  in  a
23    program   benefiting  children  if  the  person  committed  a
24    violation of paragraph (a) or a similar provision of a  local
25    ordinance  while  transporting  a person under age 16.  Every
26    person convicted a second time for violating this Section  or
27    a  similar provision of a local ordinance within 5 years of a
28    previous violation of this Section or a similar provision  of
29    a law of another state or local ordinance shall be subject to
30    an   additional   mandatory  minimum  fine  of  $500  and  an
31    additional 10  days  of  mandatory  community  service  in  a
32    program  benefiting  children  if  the  current  offense  was
33    committed  while  transporting  a  person  under age 16.  The
34    imprisonment or assignment under this subsection shall not be
 
                            -35-     LRB093 07860 DRH 08049 b
 1    subject to suspension nor shall the person  be  eligible  for
 2    probation in order to reduce the sentence or assignment.
 3        (c-1) (1)  A  person  who  violates this Section during a
 4        period in which his or her driving privileges are revoked
 5        or suspended, where the revocation or suspension was  for
 6        a  violation  of this Section or a similar provision of a
 7        local ordinance, a failure to submit to a  chemical  test
 8        or  tests of blood, breath, or urine pursuant to, Section
 9        11-501.1 or a failure to submit to a  preliminary  breath
10        screening test or a field sobriety test or tests pursuant
11        to  Section  11-501.9  of  this  Code,  a  violation  of,
12        paragraph  (b)  of  Section  11-401  of  this  Code, or a
13        violation of Section 9-3 of the Criminal Code of 1961  is
14        guilty of a Class 4 felony.
15             (2)  A person who violates this Section a third time
16        during  a  period  in which his or her driving privileges
17        are  revoked  or  suspended  where  the   revocation   or
18        suspension  was  for  a  violation  of this Section, or a
19        similar violation of a  local  ordinance,  a  failure  to
20        submit  to  a chemical test or tests of blood, breath, or
21        urine pursuant to Section 11-501.1 or a failure to submit
22        to  a  preliminary  breath  screening  test  or  a  field
23        sobriety test or tests pursuant to  Section  11-501.9  of
24        this  Code,  a  violation  of,  paragraph  (b) of Section
25        11-401 of this Code, or a violation of Section 9-3 of the
26        Criminal Code of 1961 is guilty of a Class 3 felony.
27             (3)  A person who violates this Section a fourth  or
28        subsequent  time  during  a  period  in  which his or her
29        driving privileges are revoked  or  suspended  where  the
30        revocation  or  suspension  was  for  a violation of this
31        Section or a similar violation of a  local  ordinance,  a
32        failure  to  submit to a chemical test or tests of blood,
33        breath, or urine  pursuant  to,  Section  11-501.1  or  a
34        failure  to submit to a preliminary breath screening test
 
                            -36-     LRB093 07860 DRH 08049 b
 1        or a field sobriety test or  tests  pursuant  to  Section
 2        11-501.9  of  this Code, a violation of, paragraph (b) of
 3        Section 11-401 of this Code, or a  violation  of  Section
 4        9-3  of  the Criminal Code of 1961 is guilty of a Class 2
 5        felony.
 6        (c-2)  (Blank).
 7        (c-3)  Every person convicted of violating  this  Section
 8    or  a  similar provision of a local ordinance who had a child
 9    under age 16 in the vehicle at the time of the offense  shall
10    have  his or her punishment under this Act enhanced by 2 days
11    of imprisonment for a first offense, 10 days of  imprisonment
12    for  a  second  offense,  30 days of imprisonment for a third
13    offense,  and  90  days  of  imprisonment  for  a  fourth  or
14    subsequent offense, in addition to  the  fine  and  community
15    service  required  under  subsection  (c)  and  the  possible
16    imprisonment required under subsection (d).  The imprisonment
17    or  assignment  under this subsection shall not be subject to
18    suspension nor shall the person be eligible for probation  in
19    order to reduce the sentence or assignment.
20        (c-4)  When  a  person  is convicted of violating Section
21    11-501 of this  Code  or  a  similar  provision  of  a  local
22    ordinance,  the  following  penalties  apply  when his or her
23    blood, breath,  or  urine  was  .16  or  more  based  on  the
24    definition  of  blood,  breath,  or  urine  units  in Section
25    11-501.2 or when that person is convicted of  violating  this
26    Section while transporting a child under the age of 16:
27             (1)  A   person   who   is  convicted  of  violating
28        subsection (a) of Section 11-501 of  this  Code  a  first
29        time,  in  addition  to  any  other  penalty  that may be
30        imposed under subsection (c), is subject to  a  mandatory
31        minimum  of  100 hours of community service and a minimum
32        fine of $500.
33             (2)  A  person  who  is   convicted   of   violating
34        subsection  (a)  of  Section 11-501 of this Code a second
 
                            -37-     LRB093 07860 DRH 08049 b
 1        time within 10 years, in addition to  any  other  penalty
 2        that may be imposed under subsection (c), is subject to a
 3        mandatory minimum of 2 days of imprisonment and a minimum
 4        fine of $1,250.
 5             (3)  A   person   who   is  convicted  of  violating
 6        subsection (a) of Section 11-501 of  this  Code  a  third
 7        time  within  20 years is guilty of a Class 4 felony and,
 8        in addition to any other  penalty  that  may  be  imposed
 9        under  subsection  (c), is subject to a mandatory minimum
10        of 90 days of imprisonment and a minimum fine of $2,500.
11             (4)  A person who is  convicted  of  violating  this
12        subsection (c-4) a fourth or subsequent time is guilty of
13        a  Class  2  felony and, in addition to any other penalty
14        that may be imposed under subsection (c), is not eligible
15        for a sentence of probation or conditional discharge  and
16        is subject to a minimum fine of $2,500.
17        (d) (1)  Every person convicted of committing a violation
18        of  this  Section  shall  be guilty of aggravated driving
19        under the influence of alcohol, other drug or  drugs,  or
20        intoxicating  compound  or  compounds, or any combination
21        thereof if:
22                  (A)  the person committed a violation  of  this
23             Section,  or a similar provision of a law of another
24             state or a local ordinance when the cause of  action
25             is  the  same  as  or  substantially similar to this
26             Section, for the third or subsequent time;
27                  (B)  the  person  committed  a   violation   of
28             paragraph  (a)  while  driving  a  school  bus  with
29             children on board;
30                  (C)  the  person  in  committing a violation of
31             paragraph  (a)  was  involved  in  a  motor  vehicle
32             accident that  resulted  in  great  bodily  harm  or
33             permanent  disability  or  disfigurement to another,
34             when the violation was  a  proximate  cause  of  the
 
                            -38-     LRB093 07860 DRH 08049 b
 1             injuries;
 2                  (D)  the   person   committed  a  violation  of
 3             paragraph  (a)  for  a  second  time  and  has  been
 4             previously convicted of violating Section 9-3 of the
 5             Criminal Code of 1961 relating to reckless  homicide
 6             in  which  the  person  was  determined to have been
 7             under the influence of alcohol, other drug or drugs,
 8             or intoxicating compound or compounds as an  element
 9             of  the  offense  or  the person has previously been
10             convicted under subparagraph (C) of  this  paragraph
11             (1); or
12                  (E)  the  person,  in committing a violation of
13             paragraph (a) while driving at any speed in a school
14             speed zone at a time when a speed limit of 20  miles
15             per  hour  was  in  effect  under  subsection (a) of
16             Section 11-605 of this Code, was involved in a motor
17             vehicle accident that resulted in bodily harm, other
18             than great bodily harm or  permanent  disability  or
19             disfigurement, to another person, when the violation
20             of paragraph (a) was a proximate cause of the bodily
21             harm.
22             (2)  Aggravated   driving  under  the  influence  of
23        alcohol, other drug or drugs, or intoxicating compound or
24        compounds, or  any  combination  thereof  is  a  Class  4
25        felony.  For a violation of subparagraph (C) of paragraph
26        (1)  of  this subsection (d), the defendant, if sentenced
27        to a term of imprisonment, shall be sentenced to not less
28        than  one  year  nor  more  than  12  years.    For   any
29        prosecution  under  this subsection (d), a certified copy
30        of  the  driving  abstract  of  the  defendant  shall  be
31        admitted as proof of any prior conviction.
32        (e)  After a finding of guilt  and  prior  to  any  final
33    sentencing, or an order for supervision, for an offense based
34    upon  an  arrest for a violation of this Section or a similar
 
                            -39-     LRB093 07860 DRH 08049 b
 1    provision of a local ordinance, individuals shall be required
 2    to undergo a  professional  evaluation  to  determine  if  an
 3    alcohol,  drug, or intoxicating compound abuse problem exists
 4    and the extent of the problem, and undergo the imposition  of
 5    treatment   as   appropriate.   Programs   conducting   these
 6    evaluations  shall  be  licensed  by  the Department of Human
 7    Services.  The cost of any professional evaluation  shall  be
 8    paid   for   by   the  individual  required  to  undergo  the
 9    professional evaluation.
10        (f)  Every person found guilty of violating this Section,
11    whose operation of a motor vehicle while in violation of this
12    Section proximately  caused  any  incident  resulting  in  an
13    appropriate  emergency  response,  shall  be  liable  for the
14    expense of an emergency response as  provided  under  Section
15    5-5-3 of the Unified Code of Corrections.
16        (g)  The  Secretary  of  State  shall  revoke the driving
17    privileges of any person convicted under this  Section  or  a
18    similar provision of a local ordinance.
19        (h)  Every person sentenced under paragraph (2) or (3) of
20    subsection  (c-1)  of  this Section or subsection (d) of this
21    Section and who receives a term of probation  or  conditional
22    discharge shall be required to serve a minimum term of either
23    60  days  community  service  or 10 days of imprisonment as a
24    condition of the probation or  conditional  discharge.   This
25    mandatory  minimum  term  of  imprisonment  or  assignment of
26    community service shall not be suspended  and  shall  not  be
27    subject to reduction by the court.
28        (i)  The  Secretary  of  State  shall  require the use of
29    ignition interlock  devices  on  all  vehicles  owned  by  an
30    individual  who  has been convicted of a second or subsequent
31    offense of this Section or a similar  provision  of  a  local
32    ordinance.    The  Secretary  shall  establish  by  rule  and
33    regulation the procedures for certification and  use  of  the
34    interlock system.
 
                            -40-     LRB093 07860 DRH 08049 b
 1        (j)  In  addition to any other penalties and liabilities,
 2    a person who is found guilty of or pleads guilty to violating
 3    this  Section,  including  any   person   placed   on   court
 4    supervision  for violating this Section, shall be fined $100,
 5    payable to the circuit clerk, who shall distribute the  money
 6    to  the  law enforcement agency that made the arrest.  If the
 7    person  has  been  previously  convicted  of  violating  this
 8    Section or a similar provision of a local ordinance, the fine
 9    shall be $200.  In the event that more  than  one  agency  is
10    responsible  for the arrest, the $100 or $200 shall be shared
11    equally.  Any moneys received by  a  law  enforcement  agency
12    under  this  subsection  (j)  shall  be  used to purchase law
13    enforcement equipment that will assist in the  prevention  of
14    alcohol related criminal violence throughout the State.  This
15    shall  include,  but is not limited to, in-car video cameras,
16    radar and laser speed detection devices, and  alcohol  breath
17    testers.  Any  moneys  received  by  the  Department of State
18    Police under this subsection (j) shall be deposited into  the
19    State  Police  DUI  Fund  and  shall  be used to purchase law
20    enforcement equipment that will assist in the  prevention  of
21    alcohol related criminal violence throughout the State.
22    (Source: P.A.  91-126,  eff.  7-16-99;  91-357, eff. 7-29-99;
23    91-692, eff. 4-13-00;  91-822,  eff.  6-13-00;  92-248,  eff.
24    8-3-01;  92-418,  eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
25    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)

26        (625 ILCS 5/11-501.9 new)
27        Sec. 11-501.9.  Mandatory  preliminary  breath  screening
28    test and field sobriety tests.
29        (a)  The  General  Assembly finds that: (1) the incidence
30    of motorists suspected of  driving  under  the  influence  of
31    alcohol, other drugs, or intoxicating compounds who refuse to
32    perform voluntary preliminary breath screening tests or field
33    sobriety   tests  has  risen  to  alarming  proportions;  (2)
 
                            -41-     LRB093 07860 DRH 08049 b
 1    motorists who refuse these tests frequently drive  under  the
 2    influence  of  alcohol,  drugs, or intoxicating compounds but
 3    are nonetheless often able to avoid the loss or suspension of
 4    driving privileges by refusing to perform  these  tests;  (3)
 5    these  motorists  pose  a substantial danger to the lives and
 6    property both of other motorists and of pedestrians; (4)  the
 7    State  of  Illinois  has  the  duty  to protect the lives and
 8    property of its citizens as they travel upon  the  roads  and
 9    highways of this State, and that duty gives rise to a special
10    need  to  ensure  that those roads and highways are free from
11    the dangers posed by  impaired  motorists;  (5)  persons  who
12    operate  motor  vehicles  upon the roads and highways of this
13    State  engage  in  an  inherently  dangerous  activity   that
14    directly  affects the safety of the public, and consequently,
15    such persons are subject to reasonable measures  designed  to
16    make road and highway travel safe; (6) the only effective and
17    realistic  response  to  the  crisis  presented  by motorists
18    refusing to voluntarily perform preliminary breath  screening
19    tests or field sobriety tests is to require persons suspected
20    of   driving  under  the  influence  of  alcohol,  drugs,  or
21    intoxicating compounds to perform these tests;  and  (7)  the
22    required  performance  of these tests based on individualized
23    reasonable  suspicion  is  a  necessary,   unobtrusive,   and
24    reasonable  measure  designed  to promote the State's special
25    need to make its roads and highways safe.
26        (b)  Any person who  drives  or  is  in  actual  physical
27    control  of a motor vehicle within this State shall be deemed
28    to have given consent to performing any field  sobriety  test
29    or  tests  approved  by the Illinois Law Enforcement Training
30    Standards Board and to providing  a  sample  of  his  or  her
31    breath  for  a  preliminary  breath  screening  test  using a
32    portable device approved by the Department  of  State  Police
33    and  checked  for  accuracy  by  the  law  enforcement agency
34    utilizing the device at intervals not exceeding 3  months  if
 
                            -42-     LRB093 07860 DRH 08049 b
 1    the law enforcement officer has reasonable suspicion based on
 2    specific  and  articulable facts and rational inferences from
 3    those facts to believe that the person is  violating  or  has
 4    violated  Section  11-501  or  a similar provision of a local
 5    ordinance.  These tests shall be conducted  expeditiously  in
 6    the  vicinity of the location in which the person was stopped
 7    by a law enforcement  officer  trained  to  administer  these
 8    tests   under   standards  set  forth  by  the  Illinois  Law
 9    Enforcement Training Standards  Board.  The  results  of  the
10    field  sobriety  test  or  tests  or  the  preliminary breath
11    screening test may be used by the law enforcement officer for
12    the purpose of assisting with the determination of whether to
13    require a chemical test as authorized under Sections 11-501.1
14    and 11-501.2, and the appropriate type of  test  to  request.
15    The  decision to administer a field sobriety test or tests or
16    a preliminary breath screening test shall at all times be  in
17    the  discretion of the law enforcement officer.  Any chemical
18    test authorized under Sections 11-501.1 and 11-501.2  may  be
19    requested  by  the  officer  regardless  of the result of the
20    field sobriety test or tests or  of  the  preliminary  breath
21    screening  test,  if  probable  cause for an arrest otherwise
22    exists.  The  preliminary  breath  screening  test  shall  be
23    administered  in  accordance  with  rules the Director of the
24    Illinois State Police may  adopt.   The  result  of  a  field
25    sobriety  test  or  test or of a preliminary breath screening
26    test may  be  used  by  the  defendant  as  evidence  in  any
27    administrative  or  court proceeding involving a violation of
28    Section 11-501 or 11-501.1 and may be used by  the  State  as
29    evidence   in  any  administrative  or  court  proceeding  to
30    establish probable cause for a violation of Section 11-501 or
31    in rebuttal to an assertion that a test conducted pursuant to
32    Section 11-501.1 did not accurately reflect a person's degree
33    of alcohol concentration in the person's breath or  blood  at
34    the time the person was in control of the motor vehicle.
 
                            -43-     LRB093 07860 DRH 08049 b
 1        For  the  purposes  of  this  Section,  a law enforcement
 2    officer of this State who is investigating a person  for  any
 3    offense  set  forth  in  Section  11-501  may  travel  to  an
 4    adjoining  state to which the person has been transported for
 5    medical care to complete an investigation  and  request  that
 6    the person submit to the test set forth in this Section.
 7        (c)  A person requested to submit to any test as provided
 8    in  subsection (b) of this Section shall be warned by the law
 9    enforcement   officer   requesting   the   test   prior    to
10    administering  the  test or tests that a refusal to submit to
11    any test will result in the statutory summary  suspension  of
12    the person's privilege to operate a motor vehicle as provided
13    in Section 6-208.1 of this Code.
14        (d)  If a person refuses to perform a field sobriety test
15    or  tests or a preliminary breath screening test requested by
16    a law enforcement officer, the law enforcement officer  shall
17    immediately  submit  a sworn report to the Secretary of State
18    on a form prescribed by the Secretary,  certifying  that  the
19    test  was  requested under subsection (b) and that the person
20    refused to submit to the test.
21        (e)  Upon  receipt  of  the  sworn  report   of   a   law
22    enforcement  officer  submitted  under  subsection  (d),  the
23    Secretary   of   State  shall  enter  the  statutory  summary
24    suspension for the periods specified in Section 6-208.1,  and
25    effective  as  provided in subsection (i). If the person is a
26    first offender as defined in Section 11-500 of this Code, and
27    is not convicted of a violation of  Section  11-501  of  this
28    Code  or  a  similar  provision  of  a  local ordinance, then
29    reports received by the Secretary of State under this Section
30    shall, except during the actual time  the  statutory  summary
31    suspension  is  in  effect, be privileged information and for
32    use  only  by  the  courts,  police   officers,   prosecuting
33    authorities, or the Secretary of State.
34        (f)  The  law  enforcement  officer  submitting the sworn
 
                            -44-     LRB093 07860 DRH 08049 b
 1    report under subsection (d) shall serve immediate  notice  of
 2    the   statutory   summary  suspension  on  the  person.   The
 3    suspension shall be effective on the 46th day  following  the
 4    date  the  statutory  summary  suspension  was  given  to the
 5    person.  Upon receipt  of  the  sworn  report  from  the  law
 6    enforcement officer, the Secretary of State shall confirm the
 7    statutory  summary  suspension  by  mailing  a  notice of the
 8    effective date of the suspension to the  person  and  to  the
 9    court of venue if the person was given a citation at the time
10    of  the  notice  of suspension by the law enforcement officer
11    and the person's driver's license was forwarded to the court.
12    If the sworn report is defective because it does not  contain
13    sufficient information or it has been completed in error, the
14    confirmation  of the statutory summary suspension must not be
15    mailed to the person or entered to the record;  instead,  the
16    sworn   report  must  be  returned  to  the  issuing  agency,
17    identifying any defect.
18        (g)  A driver may contest the suspension of  his  or  her
19    driving  privileges  by  requesting an administrative hearing
20    with the Secretary in accordance with Section 2-118  of  this
21    Code.   The  administrative  hearing  shall be held within 30
22    days of the request unless the person requests a continuance.
23    The petition for this hearing does  not  stay  or  delay  the
24    effective date of the impending suspension.  The scope of the
25    hearing shall be limited to the issues of:
26             (1)  whether  the  officer  had reasonable suspicion
27        based on specific and articulable  facts  and  inferences
28        from  those  facts to believe that the person was driving
29        or in actual physical control of a motor vehicle upon the
30        public highways of this State while under  the  influence
31        of  alcohol,  another  drug, or a combination of both, or
32        intoxicating compounds; and
33             (2)  whether the person, after being advised by  the
34        law  enforcement  officer that the privilege to operate a
 
                            -45-     LRB093 07860 DRH 08049 b
 1        motor vehicle would be suspended if the person refused to
 2        submit to and complete a field sobriety test or tests  or
 3        a preliminary breath screening test, refused to submit to
 4        or complete such test.
 5        The  hearing  may  be  conducted upon a review of the law
 6    enforcement officer's  own  official  reports;  however,  the
 7    person  may  subpoena the officer.  Failure of the officer to
 8    answer the subpoena  shall  be  considered  grounds  for  the
 9    person  to  obtain  a  continuance  if, in the opinion of the
10    hearing officer, the  continuance  is  appropriate.   At  the
11    conclusion   of  the  hearing,  the  Secretary  may  rescind,
12    continue or modify the order of suspension.  If the Secretary
13    does not rescind the sanction, and  the  person  is  a  first
14    offender as defined by Section 11-500, upon application being
15    made and good cause shown, the Secretary may issue the person
16    a restricted driving permit effective no sooner than the 31st
17    day  following  the  date  on  which  the  statutory  summary
18    suspension took effect.  The restricted driving permit may be
19    granted  to  relieve  undue  hardship by allowing driving for
20    employment, educational, and  medical  purposes  outlined  in
21    item  (3)  of  subsection  (c) of Section 6-206 of this Code.
22    The provisions of item (3) of subsection (c) of Section 6-206
23    shall apply.
24        (h)  When  specific  and  articulable   facts   and   the
25    inferences from those facts give rise to a rational basis for
26    concluding  that  the  driver  of  a vehicle is impaired from
27    alcohol, drugs, intoxicating compounds or  a  combination  of
28    them  to  the  extent  that  the  continued  operation of the
29    vehicle by the driver would constitute a  clear  and  present
30    danger  to any person, the law enforcement officer may secure
31    the driver's vehicle for up to 24 hours.  For the purpose  of
32    this  subsection,  "secure"  means  that the officer may: (i)
33    direct the driver not  to  operate  the  vehicle;  (ii)  take
34    possession  of  the  driver's vehicle keys, (iii) impound the
 
                            -46-     LRB093 07860 DRH 08049 b
 1    vehicle, or (iv) take other reasonable steps  to  ensure  the
 2    driver  does  not  operate  the  vehicle.  If  the vehicle is
 3    impounded, the driver  shall  be  liable  for  all  costs  of
 4    impoundment.  The  law  enforcement  officer  may release the
 5    vehicle to a person other than the driver if:  (i) that other
 6    person is the owner or renter of the vehicle or the driver is
 7    owner of the vehicle and gives permission to the other person
 8    to operate the vehicle and (ii) the other person possesses  a
 9    valid  operator's license and would not, as determined by the
10    law enforcement officer, either have a  lack  of  ability  to
11    operate  the  vehicle  in  a  safe manner or be operating the
12    vehicle in violation of this Code.

13        Section 10.  The Unified Code of Corrections  is  amended
14    by changing Section 5-6-1 as follows:

15        (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
16        Sec.  5-6-1.  Sentences  of  Probation and of Conditional
17    Discharge  and  Disposition  of  Supervision.   The   General
18    Assembly  finds  that  in  order  to  protect the public, the
19    criminal justice  system  must  compel  compliance  with  the
20    conditions  of  probation  by  responding  to violations with
21    swift,  certain  and  fair   punishments   and   intermediate
22    sanctions.  The  Chief  Judge  of  each circuit shall adopt a
23    system of structured, intermediate sanctions  for  violations
24    of  the  terms  and  conditions  of  a sentence of probation,
25    conditional discharge or disposition of supervision.
26        (a)  Except  where  specifically  prohibited   by   other
27    provisions of this Code, the court shall impose a sentence of
28    probation  or  conditional discharge upon an offender unless,
29    having regard to the nature and circumstance of the  offense,
30    and  to the history, character and condition of the offender,
31    the court is of the opinion that:
32             (1)  his imprisonment or  periodic  imprisonment  is
 
                            -47-     LRB093 07860 DRH 08049 b
 1        necessary for the protection of the public; or
 2             (2)  probation   or   conditional   discharge  would
 3        deprecate the seriousness of the offender's  conduct  and
 4        would be inconsistent with the ends of justice.
 5        The  court  shall  impose as a condition of a sentence of
 6    probation, conditional discharge, or  supervision,  that  the
 7    probation  agency  may  invoke  any sanction from the list of
 8    intermediate sanctions adopted by  the  chief  judge  of  the
 9    circuit  court  for violations of the terms and conditions of
10    the  sentence  of  probation,   conditional   discharge,   or
11    supervision,  subject  to  the provisions of Section 5-6-4 of
12    this Act.
13        (b)  The court  may  impose  a  sentence  of  conditional
14    discharge  for an offense if the court is of the opinion that
15    neither  a  sentence  of   imprisonment   nor   of   periodic
16    imprisonment nor of probation supervision is appropriate.
17        (c)  The   court   may,  upon  a  plea  of  guilty  or  a
18    stipulation by the defendant  of  the  facts  supporting  the
19    charge  or  a finding of guilt, defer further proceedings and
20    the  imposition  of  a  sentence,  and  enter  an  order  for
21    supervision of the defendant, if the defendant is not charged
22    with a Class A  misdemeanor,  as  defined  by  the  following
23    provisions  of  the  Criminal  Code of 1961: Sections 12-3.2;
24    12-15; 31-1; 31-6; 31-7; subsections (b) and (c)  of  Section
25    21-1;  paragraph  (1)  through  (5),  (8),  (10), and (11) of
26    subsection (a) of Section 24-1; and Section 1 of the Boarding
27    Aircraft With Weapon Act; or a felony. If  the  defendant  is
28    not  barred  from  receiving  an  order  for  supervision  as
29    provided in this subsection, the court may enter an order for
30    supervision   after  considering  the  circumstances  of  the
31    offense, and the history,  character  and  condition  of  the
32    offender, if the court is of the opinion that:
33             (1)  the  offender  is  not likely to commit further
34        crimes;
 
                            -48-     LRB093 07860 DRH 08049 b
 1             (2)  the defendant and  the  public  would  be  best
 2        served  if  the  defendant were not to receive a criminal
 3        record; and
 4             (3)  in the best interests of justice  an  order  of
 5        supervision is more appropriate than a sentence otherwise
 6        permitted under this Code.
 7        (d)  The provisions of paragraph (c) shall not apply to a
 8    defendant  charged  with  violating  Section  11-501  of  the
 9    Illinois  Vehicle  Code  or  a  similar  provision of a local
10    ordinance when the defendant has previously been:
11             (1)  convicted for a violation of Section 11-501  of
12        the  Illinois  Vehicle  Code  or a similar provision of a
13        local ordinance  or  any  similar  law  or  ordinance  of
14        another state; or
15             (2)  assigned supervision for a violation of Section
16        11-501   of  the  Illinois  Vehicle  Code  or  a  similar
17        provision of a local ordinance  or  any  similar  law  or
18        ordinance of another state; or
19             (3)  pleaded  guilty  to  or stipulated to the facts
20        supporting a charge or a finding of guilty to a violation
21        of Section 11-503 of  the  Illinois  Vehicle  Code  or  a
22        similar provision of a local ordinance or any similar law
23        or   ordinance   of   another  state,  and  the  plea  or
24        stipulation was the result of a plea agreement.
25        The court shall consider the statement of the prosecuting
26    authority with regard to the  standards  set  forth  in  this
27    Section.
28        (e)  The provisions of paragraph (c) shall not apply to a
29    defendant   charged  with  violating  Section  16A-3  of  the
30    Criminal Code of 1961 if said defendant has within the last 5
31    years been:
32             (1)  convicted for a violation of Section  16A-3  of
33        the Criminal Code of 1961; or
34             (2)  assigned supervision for a violation of Section
 
                            -49-     LRB093 07860 DRH 08049 b
 1        16A-3  of  the Criminal Code of 1961 or similar provision
 2        of an out-of-state jurisdiction.
 3        The court shall consider the statement of the prosecuting
 4    authority with regard to the  standards  set  forth  in  this
 5    Section.
 6        (f)  The provisions of paragraph (c) shall not apply to a
 7    defendant  charged  with  violating  Sections 15-111, 15-112,
 8    15-301, paragraph (b) of Section 6-104,  Section  11-605,  or
 9    Section  11-1414  of  the  Illinois Vehicle Code or a similar
10    provision of a local ordinance or out-of-state jurisdiction.
11        (g)  Except as otherwise provided  in  paragraph  (i)  of
12    this Section, the provisions of paragraph (c) shall not apply
13    to  a  defendant charged with violating Section 3-707, 3-708,
14    3-710, or 5-401.3 of the Illinois Vehicle Code or  a  similar
15    provision  of  a  local ordinance if the defendant has within
16    the last 5 years been:
17             (1)  convicted for a  violation  of  Section  3-707,
18        3-708,  3-710, or 5-401.3 of the Illinois Vehicle Code or
19        a similar provision of a local ordinance or  out-of-state
20        jurisdiction; or
21             (2)  assigned supervision for a violation of Section
22        3-707,  3-708,  3-710, or 5-401.3 of the Illinois Vehicle
23        Code or a similar  provision  of  a  local  ordinance  or
24        out-of-state jurisdiction.
25        The court shall consider the statement of the prosecuting
26    authority  with  regard  to  the  standards set forth in this
27    Section.
28        (h)  The provisions of paragraph (c) shall not apply to a
29    defendant under the age of 21 years charged with violating  a
30    serious  traffic  offense  as defined in Section 1-187.001 of
31    the Illinois Vehicle Code:
32             (1)  unless  the  defendant,  upon  payment  of  the
33        fines, penalties, and costs provided by  law,  agrees  to
34        attend and successfully complete a traffic safety program
 
                            -50-     LRB093 07860 DRH 08049 b
 1        approved   by  the  court  under  standards  set  by  the
 2        Conference of Chief Circuit Judges.  The accused shall be
 3        responsible for payment of  any  traffic  safety  program
 4        fees.   If  the  accused  fails  to file a certificate of
 5        successful completion on or before the  termination  date
 6        of  the  supervision  order,  the  supervision  shall  be
 7        summarily revoked and conviction entered.  The provisions
 8        of  Supreme Court Rule 402 relating to pleas of guilty do
 9        not apply in cases when a defendant enters a guilty  plea
10        under this provision; or
11             (2)  if  the defendant has previously been sentenced
12        under the provisions of paragraph (c) on or after January
13        1, 1998 for any serious traffic  offense  as  defined  in
14        Section 1-187.001 of the Illinois Vehicle Code.
15        (i)  The provisions of paragraph (c) shall not apply to a
16    defendant   charged  with  violating  Section  3-707  of  the
17    Illinois Vehicle Code or  a  similar  provision  of  a  local
18    ordinance  if the defendant has been assigned supervision for
19    a violation of Section 3-707 of the Illinois Vehicle Code  or
20    a  similar  provision  of  a  local ordinance or out-of-state
21    jurisdiction.
22        (j)  The provisions of paragraph (c) shall not apply to a
23    defendant  charged  with  violating  Section  6-303  of   the
24    Illinois  Vehicle  Code  or  a  similar  provision of a local
25    ordinance or out-of-state jurisdiction when the revocation or
26    suspension was for a violation of Section 11-501 or a similar
27    provision of a local ordinance, a  failure  to  submit  to  a
28    chemical test or tests of blood, breath, or urine pursuant to
29    violation  of  Section  11-501.1  or  to a preliminary breath
30    screening test or a field sobriety test or tests pursuant  to
31    Section 11-501.9 of the Illinois Vehicle Code, a violation of
32    or  paragraph  (b)  of Section 11-401 of the Illinois Vehicle
33    Code, or a violation of Section 9-3 of the Criminal  Code  of
34    1961 if the defendant has within the last 10 years been:
 
                            -51-     LRB093 07860 DRH 08049 b
 1             (1)  convicted  for  a violation of Section 6-303 of
 2        the Illinois Vehicle Code or a  similar  provision  of  a
 3        local ordinance or out-of-state jurisdiction; or
 4             (2)  assigned supervision for a violation of Section
 5        6-303 of the Illinois Vehicle Code or a similar provision
 6        of a local ordinance or out-of-state jurisdiction.
 7    (Source: P.A.  90-369,  eff.  1-1-98;  90-738,  eff.  1-1-99;
 8    90-784,  eff.  1-1-99;  91-114,  eff.  1-1-00;  91-357,  eff.
 9    7-29-99.)

10        Section  99.  Effective  date.   This Act takes effect on
11    January 1, 2004.
 
                            -52-     LRB093 07860 DRH 08049 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3                              SEE INDEX
 4    625 ILCS 5/6-113          from Ch. 95 1/2, par. 6-113
 5    625 ILCS 5/6-118          from Ch. 95 1/2, par. 6-118
 6    625 ILCS 5/6-203.1        from Ch. 95 1/2, par. 6-203.1
 7    625 ILCS 5/6-206          from Ch. 95 1/2, par. 6-206
 8    625 ILCS 5/6-206.1        from Ch. 95 1/2, par. 6-206.1
 9    625 ILCS 5/6-208.1        from Ch. 95 1/2, par. 6-208.1
10    625 ILCS 5/6-303          from Ch. 95 1/2, par. 6-303
11    625 ILCS 5/11-500         from Ch. 95 1/2, par. 11-500
12    625 ILCS 5/11-501         from Ch. 95 1/2, par. 11-501
13    625 ILCS 5/11-501.9 new
14    730 ILCS 5/5-6-1          from Ch. 38, par. 1005-6-1