Rep. Kathleen Willis

Filed: 3/25/2014

 

 


 

 


 
09800HB5736ham002LRB098 17762 RLC 57670 a

1
AMENDMENT TO HOUSE BILL 5736

2    AMENDMENT NO. ______. Amend House Bill 5736 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-205 and 6-206 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver's conviction of any of the following offenses:
13        1. Reckless homicide resulting from the operation of a
14    motor vehicle;
15        2. Violation of Section 11-501 of this Code or a
16    similar provision of a local ordinance relating to the

 

 

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1    offense of operating or being in physical control of a
2    vehicle while under the influence of alcohol, other drug or
3    drugs, intoxicating compound or compounds, or any
4    combination thereof;
5        3. Any felony under the laws of any State or the
6    federal government in the commission of which a motor
7    vehicle was used;
8        4. Violation of Section 11-401 of this Code relating to
9    the offense of leaving the scene of a traffic accident
10    involving death or personal injury;
11        5. Perjury or the making of a false affidavit or
12    statement under oath to the Secretary of State under this
13    Code or under any other law relating to the ownership or
14    operation of motor vehicles;
15        6. Conviction upon 3 charges of violation of Section
16    11-503 of this Code relating to the offense of reckless
17    driving committed within a period of 12 months;
18        7. Conviction of any offense defined in Section 4-102
19    of this Code;
20        8. Violation of Section 11-504 of this Code relating to
21    the offense of drag racing;
22        9. Violation of Chapters 8 and 9 of this Code;
23        10. Violation of Section 12-5 of the Criminal Code of
24    1961 or the Criminal Code of 2012 arising from the use of a
25    motor vehicle;
26        11. Violation of Section 11-204.1 of this Code relating

 

 

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1    to aggravated fleeing or attempting to elude a peace
2    officer;
3        12. Violation of paragraph (1) of subsection (b) of
4    Section 6-507, or a similar law of any other state,
5    relating to the unlawful operation of a commercial motor
6    vehicle;
7        13. Violation of paragraph (a) of Section 11-502 of
8    this Code or a similar provision of a local ordinance if
9    the driver has been previously convicted of a violation of
10    that Section or a similar provision of a local ordinance
11    and the driver was less than 21 years of age at the time of
12    the offense;
13        14. Violation of paragraph (a) of Section 11-506 of
14    this Code or a similar provision of a local ordinance
15    relating to the offense of street racing;
16        15. A second or subsequent conviction of driving while
17    the person's driver's license, permit or privileges was
18    revoked for reckless homicide or a similar out-of-state
19    offense;
20        16. Any offense against any provision in this Code, or
21    any local ordinance, regulating the movement of traffic
22    when that offense was the proximate cause of the death of
23    any person. Any person whose driving privileges have been
24    revoked pursuant to this paragraph may seek to have the
25    revocation terminated or to have the length of revocation
26    reduced by requesting an administrative hearing with the

 

 

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1    Secretary of State prior to the projected driver's license
2    application eligibility date;
3        17. Violation of subsection (a-2) of Section 11-1301.3
4    of this Code or a similar provision of a local ordinance;
5        18. A second or subsequent conviction of illegal
6    possession, while operating or in actual physical control,
7    as a driver, of a motor vehicle, of any controlled
8    substance prohibited under the Illinois Controlled
9    Substances Act, any cannabis prohibited under the Cannabis
10    Control Act, or any methamphetamine prohibited under the
11    Methamphetamine Control and Community Protection Act. A
12    defendant found guilty of this offense while operating a
13    motor vehicle shall have an entry made in the court record
14    by the presiding judge that this offense did occur while
15    the defendant was operating a motor vehicle and order the
16    clerk of the court to report the violation to the Secretary
17    of State.
18    (b) The Secretary of State shall also immediately revoke
19the license or permit of any driver in the following
20situations:
21        1. Of any minor upon receiving the notice provided for
22    in Section 5-901 of the Juvenile Court Act of 1987 that the
23    minor has been adjudicated under that Act as having
24    committed an offense relating to motor vehicles prescribed
25    in Section 4-103 of this Code;
26        2. Of any person when any other law of this State

 

 

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1    requires either the revocation or suspension of a license
2    or permit;
3        3. Of any person adjudicated under the Juvenile Court
4    Act of 1987 based on an offense determined to have been
5    committed in furtherance of the criminal activities of an
6    organized gang as provided in Section 5-710 of that Act,
7    and that involved the operation or use of a motor vehicle
8    or the use of a driver's license or permit. The revocation
9    shall remain in effect for the period determined by the
10    court. Upon the direction of the court, the Secretary shall
11    issue the person a judicial driving permit, also known as a
12    JDP. The JDP shall be subject to the same terms as a JDP
13    issued under Section 6-206.1, except that the court may
14    direct that a JDP issued under this subdivision (b)(3) be
15    effective immediately.
16    (c)(1) Whenever a person is convicted of any of the
17offenses enumerated in this Section, the court may recommend
18and the Secretary of State in his discretion, without regard to
19whether the recommendation is made by the court may, upon
20application, issue to the person a restricted driving permit
21granting the privilege of driving a motor vehicle between the
22petitioner's residence and petitioner's place of employment or
23within the scope of the petitioner's employment related duties,
24or to allow the petitioner to transport himself or herself or a
25family member of the petitioner's household to a medical
26facility for the receipt of necessary medical care or to allow

 

 

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1the petitioner to transport himself or herself to and from
2alcohol or drug remedial or rehabilitative activity
3recommended by a licensed service provider, or to allow the
4petitioner to transport himself or herself or a family member
5of the petitioner's household to classes, as a student, at an
6accredited educational institution, or to allow the petitioner
7to transport children, elderly persons, or disabled persons who
8do not hold driving privileges and are living in the
9petitioner's household to and from daycare; if the petitioner
10is able to demonstrate that no alternative means of
11transportation is reasonably available and that the petitioner
12will not endanger the public safety or welfare; provided that
13the Secretary's discretion shall be limited to cases where
14undue hardship, as defined by the rules of the Secretary of
15State, would result from a failure to issue the restricted
16driving permit. Those multiple offenders identified in
17subdivision (b)4 of Section 6-208 of this Code, however, shall
18not be eligible for the issuance of a restricted driving
19permit.
20        (2) If a person's license or permit is revoked or
21    suspended due to one 2 or more convictions of violating
22    Section 11-501 of this Code or a similar provision of a
23    local ordinance or a similar out-of-state offense, or
24    Section 9-3 of the Criminal Code of 1961 or the Criminal
25    Code of 2012, where the use of alcohol or other drugs is
26    recited as an element of the offense, or a similar

 

 

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1    out-of-state offense, or a combination of these offenses,
2    arising out of separate occurrences, that person, if issued
3    a restricted driving permit, may not operate a vehicle
4    unless it has been equipped with an ignition interlock
5    device as defined in Section 1-129.1.
6        (3) If:
7            (A) a person's license or permit is revoked or
8        suspended 2 or more times within a 10 year period due
9        to any combination of:
10                (i) a single conviction of violating Section
11            11-501 of this Code or a similar provision of a
12            local ordinance or a similar out-of-state offense,
13            or Section 9-3 of the Criminal Code of 1961 or the
14            Criminal Code of 2012, where the use of alcohol or
15            other drugs is recited as an element of the
16            offense, or a similar out-of-state offense; or
17                (ii) a statutory summary suspension or
18            revocation under Section 11-501.1; or
19                (iii) a suspension pursuant to Section
20            6-203.1;
21        arising out of separate occurrences; or
22            (B) a person has been convicted of one violation of
23        Section 6-303 of this Code committed while his or her
24        driver's license, permit, or privilege was revoked
25        because of a violation of Section 9-3 of the Criminal
26        Code of 1961 or the Criminal Code of 2012, relating to

 

 

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1        the offense of reckless homicide where the use of
2        alcohol or other drugs was recited as an element of the
3        offense, or a similar provision of a law of another
4        state;
5    that person, if issued a restricted driving permit, may not
6    operate a vehicle unless it has been equipped with an
7    ignition interlock device as defined in Section 1-129.1.
8        (4) The person issued a permit conditioned on the use
9    of an ignition interlock device must pay to the Secretary
10    of State DUI Administration Fund an amount not to exceed
11    $30 per month. The Secretary shall establish by rule the
12    amount and the procedures, terms, and conditions relating
13    to these fees.
14        (5) If the restricted driving permit is issued for
15    employment purposes, then the prohibition against
16    operating a motor vehicle that is not equipped with an
17    ignition interlock device does not apply to the operation
18    of an occupational vehicle owned or leased by that person's
19    employer when used solely for employment purposes.
20        (6) In each case the Secretary of State may issue a
21    restricted driving permit for a period he deems
22    appropriate, except that the permit shall expire within one
23    year from the date of issuance. The Secretary may not,
24    however, issue a restricted driving permit to any person
25    whose current revocation is the result of a second or
26    subsequent conviction for a violation of Section 11-501 of

 

 

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1    this Code or a similar provision of a local ordinance or
2    any similar out-of-state offense, or Section 9-3 of the
3    Criminal Code of 1961 or the Criminal Code of 2012, where
4    the use of alcohol or other drugs is recited as an element
5    of the offense, or any similar out-of-state offense, or any
6    combination of these offenses, until the expiration of at
7    least one year from the date of the revocation. A
8    restricted driving permit issued under this Section shall
9    be subject to cancellation, revocation, and suspension by
10    the Secretary of State in like manner and for like cause as
11    a driver's license issued under this Code may be cancelled,
12    revoked, or suspended; except that a conviction upon one or
13    more offenses against laws or ordinances regulating the
14    movement of traffic shall be deemed sufficient cause for
15    the revocation, suspension, or cancellation of a
16    restricted driving permit. The Secretary of State may, as a
17    condition to the issuance of a restricted driving permit,
18    require the petitioner to participate in a designated
19    driver remedial or rehabilitative program. The Secretary
20    of State is authorized to cancel a restricted driving
21    permit if the permit holder does not successfully complete
22    the program. However, if an individual's driving
23    privileges have been revoked in accordance with paragraph
24    13 of subsection (a) of this Section, no restricted driving
25    permit shall be issued until the individual has served 6
26    months of the revocation period.

 

 

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1    (c-5) (Blank).
2    (c-6) If a person is convicted of a second violation of
3operating a motor vehicle while the person's driver's license,
4permit or privilege was revoked, where the revocation was for a
5violation of Section 9-3 of the Criminal Code of 1961 or the
6Criminal Code of 2012 relating to the offense of reckless
7homicide or a similar out-of-state offense, the person's
8driving privileges shall be revoked pursuant to subdivision
9(a)(15) of this Section. The person may not make application
10for a license or permit until the expiration of five years from
11the effective date of the revocation or the expiration of five
12years from the date of release from a term of imprisonment,
13whichever is later.
14    (c-7) If a person is convicted of a third or subsequent
15violation of operating a motor vehicle while the person's
16driver's license, permit or privilege was revoked, where the
17revocation was for a violation of Section 9-3 of the Criminal
18Code of 1961 or the Criminal Code of 2012 relating to the
19offense of reckless homicide or a similar out-of-state offense,
20the person may never apply for a license or permit.
21    (d)(1) Whenever a person under the age of 21 is convicted
22under Section 11-501 of this Code or a similar provision of a
23local ordinance or a similar out-of-state offense, the
24Secretary of State shall revoke the driving privileges of that
25person. One year after the date of revocation, and upon
26application, the Secretary of State may, if satisfied that the

 

 

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1person applying will not endanger the public safety or welfare,
2issue a restricted driving permit granting the privilege of
3driving a motor vehicle only between the hours of 5 a.m. and 9
4p.m. or as otherwise provided by this Section for a period of
5one year. After this one year period, and upon reapplication
6for a license as provided in Section 6-106, upon payment of the
7appropriate reinstatement fee provided under paragraph (b) of
8Section 6-118, the Secretary of State, in his discretion, may
9reinstate the petitioner's driver's license and driving
10privileges, or extend the restricted driving permit as many
11times as the Secretary of State deems appropriate, by
12additional periods of not more than 12 months each.
13        (2) If a person's license or permit is revoked or
14    suspended due to one 2 or more convictions of violating
15    Section 11-501 of this Code or a similar provision of a
16    local ordinance or a similar out-of-state offense, or
17    Section 9-3 of the Criminal Code of 1961 or the Criminal
18    Code of 2012, where the use of alcohol or other drugs is
19    recited as an element of the offense, or a similar
20    out-of-state offense, or a combination of these offenses,
21    arising out of separate occurrences, that person, if issued
22    a restricted driving permit, may not operate a vehicle
23    unless it has been equipped with an ignition interlock
24    device as defined in Section 1-129.1.
25        (3) If a person's license or permit is revoked or
26    suspended 2 or more times within a 10 year period due to

 

 

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1    any combination of:
2            (A) a single conviction of violating Section
3        11-501 of this Code or a similar provision of a local
4        ordinance or a similar out-of-state offense, or
5        Section 9-3 of the Criminal Code of 1961 or the
6        Criminal Code of 2012, where the use of alcohol or
7        other drugs is recited as an element of the offense, or
8        a similar out-of-state offense; or
9            (B) a statutory summary suspension or revocation
10        under Section 11-501.1; or
11            (C) a suspension pursuant to Section 6-203.1;
12    arising out of separate occurrences, that person, if issued
13    a 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.
16        (4) The person issued a permit conditioned upon the use
17    of an interlock device must pay to the Secretary of State
18    DUI Administration Fund an amount not to exceed $30 per
19    month. The Secretary shall establish by rule the amount and
20    the procedures, terms, and conditions relating to these
21    fees.
22        (5) If the restricted driving permit is issued for
23    employment purposes, then the prohibition against driving
24    a vehicle that is not equipped with an ignition interlock
25    device does not apply to the operation of an occupational
26    vehicle owned or leased by that person's employer when used

 

 

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1    solely for employment purposes.
2        (6) A restricted driving permit issued under this
3    Section shall be subject to cancellation, revocation, and
4    suspension by the Secretary of State in like manner and for
5    like cause as a driver's license issued under this Code may
6    be cancelled, revoked, or suspended; except that a
7    conviction upon one or more offenses against laws or
8    ordinances regulating the movement of traffic shall be
9    deemed sufficient cause for the revocation, suspension, or
10    cancellation of a restricted driving permit.
11    (d-5) The revocation of the license, permit, or driving
12privileges of a person convicted of a third or subsequent
13violation of Section 6-303 of this Code committed while his or
14her driver's license, permit, or privilege was revoked because
15of a violation of Section 9-3 of the Criminal Code of 1961 or
16the Criminal Code of 2012, relating to the offense of reckless
17homicide, or a similar provision of a law of another state, is
18permanent. The Secretary may not, at any time, issue a license
19or permit to that person.
20    (e) This Section is subject to the provisions of the Driver
21License Compact.
22    (f) Any revocation imposed upon any person under
23subsections 2 and 3 of paragraph (b) that is in effect on
24December 31, 1988 shall be converted to a suspension for a like
25period of time.
26    (g) The Secretary of State shall not issue a restricted

 

 

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1driving permit to a person under the age of 16 years whose
2driving privileges have been revoked under any provisions of
3this Code.
4    (h) The Secretary of State shall require the use of
5ignition interlock devices on all vehicles owned by a person
6who has been convicted of a second or subsequent offense under
7Section 11-501 of this Code or a similar provision of a local
8ordinance. The person must pay to the Secretary of State DUI
9Administration Fund an amount not to exceed $30 for each month
10that he or she uses the device. The Secretary shall establish
11by rule and regulation the procedures for certification and use
12of the interlock system, the amount of the fee, and the
13procedures, terms, and conditions relating to these fees.
14    (i) (Blank).
15    (j) In accordance with 49 C.F.R. 384, the Secretary of
16State may not issue a restricted driving permit for the
17operation of a commercial motor vehicle to a person holding a
18CDL whose driving privileges have been revoked, suspended,
19cancelled, or disqualified under any provisions of this Code.
20(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
2196-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
227-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
231-1-13; 97-1150, eff. 1-25-13.)
 
24    (625 ILCS 5/6-206)
25    Sec. 6-206. Discretionary authority to suspend or revoke

 

 

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1license or permit; Right to a hearing.
2    (a) The Secretary of State is authorized to suspend or
3revoke the driving privileges of any person without preliminary
4hearing upon a showing of the person's records or other
5sufficient evidence that the person:
6        1. Has committed an offense for which mandatory
7    revocation of a driver's license or permit is required upon
8    conviction;
9        2. Has been convicted of not less than 3 offenses
10    against traffic regulations governing the movement of
11    vehicles committed within any 12 month period. No
12    revocation or suspension shall be entered more than 6
13    months after the date of last conviction;
14        3. Has been repeatedly involved as a driver in motor
15    vehicle collisions or has been repeatedly convicted of
16    offenses against laws and ordinances regulating the
17    movement of traffic, to a degree that indicates lack of
18    ability to exercise ordinary and reasonable care in the
19    safe operation of a motor vehicle or disrespect for the
20    traffic laws and the safety of other persons upon the
21    highway;
22        4. Has by the unlawful operation of a motor vehicle
23    caused or contributed to an accident resulting in injury
24    requiring immediate professional treatment in a medical
25    facility or doctor's office to any person, except that any
26    suspension or revocation imposed by the Secretary of State

 

 

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1    under the provisions of this subsection shall start no
2    later than 6 months after being convicted of violating a
3    law or ordinance regulating the movement of traffic, which
4    violation is related to the accident, or shall start not
5    more than one year after the date of the accident,
6    whichever date occurs later;
7        5. Has permitted an unlawful or fraudulent use of a
8    driver's license, identification card, or permit;
9        6. Has been lawfully convicted of an offense or
10    offenses in another state, including the authorization
11    contained in Section 6-203.1, which if committed within
12    this State would be grounds for suspension or revocation;
13        7. Has refused or failed to submit to an examination
14    provided for by Section 6-207 or has failed to pass the
15    examination;
16        8. Is ineligible for a driver's license or permit under
17    the provisions of Section 6-103;
18        9. Has made a false statement or knowingly concealed a
19    material fact or has used false information or
20    identification in any application for a license,
21    identification card, or permit;
22        10. Has possessed, displayed, or attempted to
23    fraudulently use any license, identification card, or
24    permit not issued to the person;
25        11. Has operated a motor vehicle upon a highway of this
26    State when the person's driving privilege or privilege to

 

 

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1    obtain a driver's license or permit was revoked or
2    suspended unless the operation was authorized by a
3    monitoring device driving permit, judicial driving permit
4    issued prior to January 1, 2009, probationary license to
5    drive, or a restricted driving permit issued under this
6    Code;
7        12. Has submitted to any portion of the application
8    process for another person or has obtained the services of
9    another person to submit to any portion of the application
10    process for the purpose of obtaining a license,
11    identification card, or permit for some other person;
12        13. Has operated a motor vehicle upon a highway of this
13    State when the person's driver's license or permit was
14    invalid under the provisions of Sections 6-107.1 and 6-110;
15        14. Has committed a violation of Section 6-301,
16    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
17    of the Illinois Identification Card Act;
18        15. Has been convicted of violating Section 21-2 of the
19    Criminal Code of 1961 or the Criminal Code of 2012 relating
20    to criminal trespass to vehicles in which case, the
21    suspension shall be for one year;
22        16. Has been convicted of violating Section 11-204 of
23    this Code relating to fleeing from a peace officer;
24        17. Has refused to submit to a test, or tests, as
25    required under Section 11-501.1 of this Code and the person
26    has not sought a hearing as provided for in Section

 

 

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1    11-501.1;
2        18. Has, since issuance of a driver's license or
3    permit, been adjudged to be afflicted with or suffering
4    from any mental disability or disease;
5        19. Has committed a violation of paragraph (a) or (b)
6    of Section 6-101 relating to driving without a driver's
7    license;
8        20. Has been convicted of violating Section 6-104
9    relating to classification of driver's license;
10        21. Has been convicted of violating Section 11-402 of
11    this Code relating to leaving the scene of an accident
12    resulting in damage to a vehicle in excess of $1,000, in
13    which case the suspension shall be for one year;
14        22. Has used a motor vehicle in violating paragraph
15    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
16    the Criminal Code of 1961 or the Criminal Code of 2012
17    relating to unlawful use of weapons, in which case the
18    suspension shall be for one year;
19        23. Has, as a driver, been convicted of committing a
20    violation of paragraph (a) of Section 11-502 of this Code
21    for a second or subsequent time within one year of a
22    similar violation;
23        24. Has been convicted by a court-martial or punished
24    by non-judicial punishment by military authorities of the
25    United States at a military installation in Illinois of or
26    for a traffic related offense that is the same as or

 

 

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1    similar to an offense specified under Section 6-205 or
2    6-206 of this Code;
3        25. Has permitted any form of identification to be used
4    by another in the application process in order to obtain or
5    attempt to obtain a license, identification card, or
6    permit;
7        26. Has altered or attempted to alter a license or has
8    possessed an altered license, identification card, or
9    permit;
10        27. Has violated Section 6-16 of the Liquor Control Act
11    of 1934;
12        28. Has been convicted for a first time of the illegal
13    possession, while operating or in actual physical control,
14    as a driver, of a motor vehicle, of any controlled
15    substance prohibited under the Illinois Controlled
16    Substances Act, any cannabis prohibited under the Cannabis
17    Control Act, or any methamphetamine prohibited under the
18    Methamphetamine Control and Community Protection Act, in
19    which case the person's driving privileges shall be
20    suspended for one year. Any defendant found guilty of this
21    offense while operating a motor vehicle, shall have an
22    entry made in the court record by the presiding judge that
23    this offense did occur while the defendant was operating a
24    motor vehicle and order the clerk of the court to report
25    the violation to the Secretary of State;
26        29. Has been convicted of the following offenses that

 

 

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1    were committed while the person was operating or in actual
2    physical control, as a driver, of a motor vehicle: criminal
3    sexual assault, predatory criminal sexual assault of a
4    child, aggravated criminal sexual assault, criminal sexual
5    abuse, aggravated criminal sexual abuse, juvenile pimping,
6    soliciting for a juvenile prostitute, promoting juvenile
7    prostitution as described in subdivision (a)(1), (a)(2),
8    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
9    or the Criminal Code of 2012, and the manufacture, sale or
10    delivery of controlled substances or instruments used for
11    illegal drug use or abuse in which case the driver's
12    driving privileges shall be suspended for one year;
13        30. Has been convicted a second or subsequent time for
14    any combination of the offenses named in paragraph 29 of
15    this subsection, in which case the person's driving
16    privileges shall be suspended for 5 years;
17        31. Has refused to submit to a test as required by
18    Section 11-501.6 of this Code or Section 5-16c of the Boat
19    Registration and Safety Act or has submitted to a test
20    resulting in an alcohol concentration of 0.08 or more or
21    any amount of a drug, substance, or compound resulting from
22    the unlawful use or consumption of cannabis as listed in
23    the Cannabis Control Act, a controlled substance as listed
24    in the Illinois Controlled Substances Act, an intoxicating
25    compound as listed in the Use of Intoxicating Compounds
26    Act, or methamphetamine as listed in the Methamphetamine

 

 

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1    Control and Community Protection Act, in which case the
2    penalty shall be as prescribed in Section 6-208.1;
3        32. Has been convicted of Section 24-1.2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 relating
5    to the aggravated discharge of a firearm if the offender
6    was located in a motor vehicle at the time the firearm was
7    discharged, in which case the suspension shall be for 3
8    years;
9        33. Has as a driver, who was less than 21 years of age
10    on the date of the offense, been convicted a first time of
11    a violation of paragraph (a) of Section 11-502 of this Code
12    or a similar provision of a local ordinance;
13        34. Has committed a violation of Section 11-1301.5 of
14    this Code or a similar provision of a local ordinance;
15        35. Has committed a violation of Section 11-1301.6 of
16    this Code or a similar provision of a local ordinance;
17        36. Is under the age of 21 years at the time of arrest
18    and has been convicted of not less than 2 offenses against
19    traffic regulations governing the movement of vehicles
20    committed within any 24 month period. No revocation or
21    suspension shall be entered more than 6 months after the
22    date of last conviction;
23        37. Has committed a violation of subsection (c) of
24    Section 11-907 of this Code that resulted in damage to the
25    property of another or the death or injury of another;
26        38. Has been convicted of a violation of Section 6-20

 

 

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1    of the Liquor Control Act of 1934 or a similar provision of
2    a local ordinance;
3        39. Has committed a second or subsequent violation of
4    Section 11-1201 of this Code;
5        40. Has committed a violation of subsection (a-1) of
6    Section 11-908 of this Code;
7        41. Has committed a second or subsequent violation of
8    Section 11-605.1 of this Code, a similar provision of a
9    local ordinance, or a similar violation in any other state
10    within 2 years of the date of the previous violation, in
11    which case the suspension shall be for 90 days;
12        42. Has committed a violation of subsection (a-1) of
13    Section 11-1301.3 of this Code or a similar provision of a
14    local ordinance;
15        43. Has received a disposition of court supervision for
16    a violation of subsection (a), (d), or (e) of Section 6-20
17    of the Liquor Control Act of 1934 or a similar provision of
18    a local ordinance, in which case the suspension shall be
19    for a period of 3 months;
20        44. Is under the age of 21 years at the time of arrest
21    and has been convicted of an offense against traffic
22    regulations governing the movement of vehicles after
23    having previously had his or her driving privileges
24    suspended or revoked pursuant to subparagraph 36 of this
25    Section;
26        45. Has, in connection with or during the course of a

 

 

09800HB5736ham002- 23 -LRB098 17762 RLC 57670 a

1    formal hearing conducted under Section 2-118 of this Code:
2    (i) committed perjury; (ii) submitted fraudulent or
3    falsified documents; (iii) submitted documents that have
4    been materially altered; or (iv) submitted, as his or her
5    own, documents that were in fact prepared or composed for
6    another person;
7        46. Has committed a violation of subsection (j) of
8    Section 3-413 of this Code; or
9        47. Has committed a violation of Section 11-502.1 of
10    this Code.
11    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
12and 27 of this subsection, license means any driver's license,
13any traffic ticket issued when the person's driver's license is
14deposited in lieu of bail, a suspension notice issued by the
15Secretary of State, a duplicate or corrected driver's license,
16a probationary driver's license or a temporary driver's
17license.
18    (b) If any conviction forming the basis of a suspension or
19revocation authorized under this Section is appealed, the
20Secretary of State may rescind or withhold the entry of the
21order of suspension or revocation, as the case may be, provided
22that a certified copy of a stay order of a court is filed with
23the Secretary of State. If the conviction is affirmed on
24appeal, the date of the conviction shall relate back to the
25time the original judgment of conviction was entered and the 6
26month limitation prescribed shall not apply.

 

 

09800HB5736ham002- 24 -LRB098 17762 RLC 57670 a

1    (c) 1. Upon suspending or revoking the driver's license or
2permit of any person as authorized in this Section, the
3Secretary of State shall immediately notify the person in
4writing of the revocation or suspension. The notice to be
5deposited in the United States mail, postage prepaid, to the
6last known address of the person.
7        2. If the Secretary of State suspends the driver's
8    license of a person under subsection 2 of paragraph (a) of
9    this Section, a person's privilege to operate a vehicle as
10    an occupation shall not be suspended, provided an affidavit
11    is properly completed, the appropriate fee received, and a
12    permit issued prior to the effective date of the
13    suspension, unless 5 offenses were committed, at least 2 of
14    which occurred while operating a commercial vehicle in
15    connection with the driver's regular occupation. All other
16    driving privileges shall be suspended by the Secretary of
17    State. Any driver prior to operating a vehicle for
18    occupational purposes only must submit the affidavit on
19    forms to be provided by the Secretary of State setting
20    forth the facts of the person's occupation. The affidavit
21    shall also state the number of offenses committed while
22    operating a vehicle in connection with the driver's regular
23    occupation. The affidavit shall be accompanied by the
24    driver's license. Upon receipt of a properly completed
25    affidavit, the Secretary of State shall issue the driver a
26    permit to operate a vehicle in connection with the driver's

 

 

09800HB5736ham002- 25 -LRB098 17762 RLC 57670 a

1    regular occupation only. Unless the permit is issued by the
2    Secretary of State prior to the date of suspension, the
3    privilege to drive any motor vehicle shall be suspended as
4    set forth in the notice that was mailed under this Section.
5    If an affidavit is received subsequent to the effective
6    date of this suspension, a permit may be issued for the
7    remainder of the suspension period.
8        The provisions of this subparagraph shall not apply to
9    any driver required to possess a CDL for the purpose of
10    operating a commercial motor vehicle.
11        Any person who falsely states any fact in the affidavit
12    required herein shall be guilty of perjury under Section
13    6-302 and upon conviction thereof shall have all driving
14    privileges revoked without further rights.
15        3. At the conclusion of a hearing under Section 2-118
16    of this Code, the Secretary of State shall either rescind
17    or continue an order of revocation or shall substitute an
18    order of suspension; or, good cause appearing therefor,
19    rescind, continue, change, or extend the order of
20    suspension. If the Secretary of State does not rescind the
21    order, the Secretary may upon application, to relieve undue
22    hardship (as defined by the rules of the Secretary of
23    State), issue a restricted driving permit granting the
24    privilege of driving a motor vehicle between the
25    petitioner's residence and petitioner's place of
26    employment or within the scope of the petitioner's

 

 

09800HB5736ham002- 26 -LRB098 17762 RLC 57670 a

1    employment related duties, or to allow the petitioner to
2    transport himself or herself, or a family member of the
3    petitioner's household to a medical facility, to receive
4    necessary medical care, to allow the petitioner to
5    transport himself or herself to and from alcohol or drug
6    remedial or rehabilitative activity recommended by a
7    licensed service provider, or to allow the petitioner to
8    transport himself or herself or a family member of the
9    petitioner's household to classes, as a student, at an
10    accredited educational institution, or to allow the
11    petitioner to transport children, elderly persons, or
12    disabled persons who do not hold driving privileges and are
13    living in the petitioner's household to and from daycare.
14    The petitioner must demonstrate that no alternative means
15    of transportation is reasonably available and that the
16    petitioner will not endanger the public safety or welfare.
17    Those multiple offenders identified in subdivision (b)4 of
18    Section 6-208 of this Code, however, shall not be eligible
19    for the issuance of a restricted driving permit.
20             (A) If a person's license or permit is revoked or
21        suspended due to one 2 or more convictions of violating
22        Section 11-501 of this Code or a similar provision of a
23        local ordinance or a similar out-of-state offense, or
24        Section 9-3 of the Criminal Code of 1961 or the
25        Criminal Code of 2012, where the use of alcohol or
26        other drugs is recited as an element of the offense, or

 

 

09800HB5736ham002- 27 -LRB098 17762 RLC 57670 a

1        a similar out-of-state offense, or a combination of
2        these offenses, arising out of separate occurrences,
3        that person, if issued a restricted driving permit, may
4        not operate a vehicle unless it has been equipped with
5        an ignition interlock device as defined in Section
6        1-129.1.
7            (B) If a person's license or permit is revoked or
8        suspended 2 or more times within a 10 year period due
9        to any combination of:
10                (i) a single conviction of violating Section
11            11-501 of this Code or a similar provision of a
12            local ordinance or a similar out-of-state offense
13            or Section 9-3 of the Criminal Code of 1961 or the
14            Criminal Code of 2012, where the use of alcohol or
15            other drugs is recited as an element of the
16            offense, or a similar out-of-state offense; or
17                (ii) a statutory summary suspension or
18            revocation under Section 11-501.1; or
19                (iii) a suspension under Section 6-203.1;
20        arising out of separate occurrences; that person, if
21        issued a restricted driving permit, may not operate a
22        vehicle unless it has been equipped with an ignition
23        interlock device as defined in Section 1-129.1.
24            (C) The person issued a permit conditioned upon the
25        use of an ignition interlock device must pay to the
26        Secretary of State DUI Administration Fund an amount

 

 

09800HB5736ham002- 28 -LRB098 17762 RLC 57670 a

1        not to exceed $30 per month. The Secretary shall
2        establish by rule the amount and the procedures, terms,
3        and conditions relating to these fees.
4            (D) If the restricted driving permit is issued for
5        employment purposes, then the prohibition against
6        operating a motor vehicle that is not equipped with an
7        ignition interlock device does not apply to the
8        operation of an occupational vehicle owned or leased by
9        that person's employer when used solely for employment
10        purposes.
11            (E) In each case the Secretary may issue a
12        restricted driving permit for a period deemed
13        appropriate, except that all permits shall expire
14        within one year from the date of issuance. The
15        Secretary may not, however, issue a restricted driving
16        permit to any person whose current revocation is the
17        result of a second or subsequent conviction for a
18        violation of Section 11-501 of this Code or a similar
19        provision of a local ordinance or any similar
20        out-of-state offense, or Section 9-3 of the Criminal
21        Code of 1961 or the Criminal Code of 2012, where the
22        use of alcohol or other drugs is recited as an element
23        of the offense, or any similar out-of-state offense, or
24        any combination of those offenses, until the
25        expiration of at least one year from the date of the
26        revocation. A restricted driving permit issued under

 

 

09800HB5736ham002- 29 -LRB098 17762 RLC 57670 a

1        this Section shall be subject to cancellation,
2        revocation, and suspension by the Secretary of State in
3        like manner and for like cause as a driver's license
4        issued under this Code may be cancelled, revoked, or
5        suspended; except that a conviction upon one or more
6        offenses against laws or ordinances regulating the
7        movement of traffic shall be deemed sufficient cause
8        for the revocation, suspension, or cancellation of a
9        restricted driving permit. The Secretary of State may,
10        as a condition to the issuance of a restricted driving
11        permit, require the applicant to participate in a
12        designated driver remedial or rehabilitative program.
13        The Secretary of State is authorized to cancel a
14        restricted driving permit if the permit holder does not
15        successfully complete the program.
16    (c-3) In the case of a suspension under paragraph 43 of
17subsection (a), reports received by the Secretary of State
18under this Section shall, except during the actual time the
19suspension is in effect, be privileged information and for use
20only by the courts, police officers, prosecuting authorities,
21the driver licensing administrator of any other state, the
22Secretary of State, or the parent or legal guardian of a driver
23under the age of 18. However, beginning January 1, 2008, if the
24person is a CDL holder, the suspension shall also be made
25available to the driver licensing administrator of any other
26state, the U.S. Department of Transportation, and the affected

 

 

09800HB5736ham002- 30 -LRB098 17762 RLC 57670 a

1driver or motor carrier or prospective motor carrier upon
2request.
3    (c-4) In the case of a suspension under paragraph 43 of
4subsection (a), the Secretary of State shall notify the person
5by mail that his or her driving privileges and driver's license
6will be suspended one month after the date of the mailing of
7the notice.
8    (c-5) The Secretary of State may, as a condition of the
9reissuance of a driver's license or permit to an applicant
10whose driver's license or permit has been suspended before he
11or she reached the age of 21 years pursuant to any of the
12provisions of this Section, require the applicant to
13participate in a driver remedial education course and be
14retested under Section 6-109 of this Code.
15    (d) This Section is subject to the provisions of the
16Drivers License Compact.
17    (e) The Secretary of State shall not issue a restricted
18driving permit to a person under the age of 16 years whose
19driving privileges have been suspended or revoked under any
20provisions of this Code.
21    (f) In accordance with 49 C.F.R. 384, the Secretary of
22State may not issue a restricted driving permit for the
23operation of a commercial motor vehicle to a person holding a
24CDL whose driving privileges have been suspended, revoked,
25cancelled, or disqualified under any provisions of this Code.
26(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;

 

 

09800HB5736ham002- 31 -LRB098 17762 RLC 57670 a

197-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
297-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
31-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
 
4    Section 99. Effective date. This Act takes effect July 1,
52015.".