Full Text of HB3131 94th General Assembly
HB3131ham001 94TH GENERAL ASSEMBLY
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Rep. Dave Winters
Filed: 4/7/2005
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09400HB3131ham001 |
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| AMENDMENT TO HOUSE BILL 3131
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| AMENDMENT NO. ______. Amend House Bill 3131 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by adding Section | 5 |
| 26-3e as follows: | 6 |
| (105 ILCS 5/26-3e new) | 7 |
| Sec. 26-3e. Report of chronic or habitual truants. | 8 |
| Beginning on July 1, 2006, the clerk or secretary of the school | 9 |
| board of all school districts shall furnish quarterly on the | 10 |
| first school day of October, January, April, and July to the | 11 |
| Secretary of State, on a form prescribed by the Secretary, a | 12 |
| list of every pupil certified to be a chronic or habitual | 13 |
| truant, as defined in Section 26-2a. The list shall also | 14 |
| include the name of any pupil previously certified to be a | 15 |
| chronic or habitual truant who has resumed regular school | 16 |
| attendance. | 17 |
| Section 10. The Illinois Vehicle Code is amended by | 18 |
| changing Sections 6-107, 6-107.1, 6-108, and 6-201 as follows:
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| (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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| Sec. 6-107. Graduated license.
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| (a) The purpose of the Graduated
Licensing Program is to | 22 |
| develop safe and mature driving habits in young,
inexperienced |
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| drivers and reduce or prevent motor vehicle accidents,
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| fatalities,
and injuries by:
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| (1) providing for an increase in the time of practice | 4 |
| period before
granting
permission to obtain a driver's | 5 |
| license;
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| (2) strengthening driver licensing and testing | 7 |
| standards for persons under
the age of 21 years;
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| (3) sanctioning driving privileges of drivers under | 9 |
| age 21 who have
committed serious traffic violations or | 10 |
| other specified offenses; and
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| (4) setting stricter standards to promote the public's | 12 |
| health and
safety.
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| (b) The application of any person under
the age of 18 | 14 |
| years, and not legally emancipated by marriage, for a drivers
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| license or permit to operate a motor vehicle issued under the | 16 |
| laws of this
State, shall be accompanied by the written consent | 17 |
| of either parent of the
applicant; otherwise by the guardian | 18 |
| having custody of the applicant, or
in the event there is no | 19 |
| parent or guardian, then by another responsible adult.
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| No graduated driver's license shall be issued to any | 21 |
| applicant under 18
years
of age, unless the applicant is at | 22 |
| least 16 years of age and has:
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| (1) Held a valid instruction permit for a minimum of 3 | 24 |
| months.
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| (2) Passed an approved driver education course
and | 26 |
| submits proof of having passed the course as may
be | 27 |
| required.
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| (3) certification by the parent, legal guardian, or | 29 |
| responsible adult that
the applicant has had a minimum of | 30 |
| 25 hours of behind-the-wheel practice time
and is | 31 |
| sufficiently prepared and able to safely operate a motor | 32 |
| vehicle. | 33 |
| (b-1) Beginning July 1, 2006, no graduated driver's license | 34 |
| shall be issued to any applicant who is under the age of 18 |
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| years and who has been certified to be a chronic and habitual | 2 |
| truant, as defined in Section 26-2a of the School Code. | 3 |
| An applicant under the age of 18 years who provides proof | 4 |
| that he or she has resumed regular school attendance or that | 5 |
| his or her application was denied in error shall be eligible to | 6 |
| receive a graduated license if other requirements are met. The | 7 |
| Secretary shall adopt rules for implementing this subsection | 8 |
| (b-1).
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| (c) No graduated driver's license or permit shall be issued | 10 |
| to
any applicant under 18
years of age who has committed the | 11 |
| offense of operating a motor vehicle
without a valid license or | 12 |
| permit in violation of Section 6-101 of this Code
and no | 13 |
| graduated driver's
license or permit shall be issued to any | 14 |
| applicant under 18 years of age
who has committed an offense | 15 |
| that would otherwise result in a
mandatory revocation of a | 16 |
| license or permit as provided in Section 6-205 of
this Code or | 17 |
| who has been either convicted of or adjudicated a delinquent | 18 |
| based
upon a violation of the Cannabis Control Act or the | 19 |
| Illinois Controlled
Substances Act, while that individual was | 20 |
| in actual physical control of a motor
vehicle. For purposes of | 21 |
| this Section, any person placed on probation under
Section 10 | 22 |
| of the Cannabis Control Act or Section 410 of the Illinois
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| Controlled Substances Act shall not be considered convicted. | 24 |
| Any person found
guilty of this offense, while in actual | 25 |
| physical control of a motor vehicle,
shall have an entry made | 26 |
| in the court record by the judge that this offense did
occur | 27 |
| while the person was in actual physical control of a motor | 28 |
| vehicle and
order the clerk of the court to report the | 29 |
| violation to the Secretary of State
as such.
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| (d) No graduated driver's license shall be issued for 6 | 31 |
| months to any
applicant
under
the
age of 18 years who has been | 32 |
| convicted of any offense defined as a serious
traffic violation | 33 |
| in this Code or
a similar provision of a local ordinance.
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| (e) No graduated driver's license holder under the age
of |
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| 18 years shall operate any
motor vehicle, except a motor driven | 2 |
| cycle or motorcycle, with
more than one passenger in the front | 3 |
| seat of the motor vehicle
and no more passengers in the back | 4 |
| seats than the number of available seat
safety belts as set | 5 |
| forth in Section 12-603 of this Code.
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| (f) No graduated driver's license holder under the age of | 7 |
| 18 shall operate a
motor vehicle unless each driver and front | 8 |
| or back seat passenger under the
age of 18 is wearing a | 9 |
| properly adjusted and fastened seat safety belt.
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| (g) If a graduated driver's license holder is under the age | 11 |
| of 18 when he
or she receives the license, for the first 6 | 12 |
| months he or she holds the license
or
until he or she reaches | 13 |
| the age of 18, whichever occurs sooner, the graduated
license
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| holder may not operate a motor vehicle with more than one | 15 |
| passenger in the
vehicle
who is under the age of 20, unless any | 16 |
| additional passenger or passengers are
siblings, | 17 |
| step-siblings, children, or stepchildren of the driver.
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| (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
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| (625 ILCS 5/6-107.1)
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| Sec. 6-107.1. Instruction permit for a minor.
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| (a) The Secretary of State, upon
receiving proper | 22 |
| application and payment of the required fee, may issue an
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| instruction permit to any person under the age of 18 years who | 24 |
| is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | 25 |
| or 8 of Section
6-103, after the applicant has successfully | 26 |
| passed such examination as the
Secretary of State in his | 27 |
| discretion may prescribe.
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| (1) An instruction permit issued under this Section
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| shall be valid for a period of 24 months after the date of | 30 |
| its
issuance and shall be restricted, by the Secretary of | 31 |
| State, to the operation
of a motor vehicle by the minor | 32 |
| only when accompanied by the adult instructor
of a driver | 33 |
| education program during enrollment in the program or when
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| practicing with a parent,
legal guardian, family member, or | 2 |
| a person in loco parentis who is 21
years of age or more, | 3 |
| has a license classification to operate such vehicle
and at | 4 |
| least one year of driving experience, and who is occupying | 5 |
| a seat beside
the driver.
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| (2) A 24 month instruction permit for a motor driven | 7 |
| cycle may be issued
to
a person 16 or 17 years of age and | 8 |
| entitles the holder to drive upon the
highways during | 9 |
| daylight under direct supervision of a licensed motor | 10 |
| driven
cycle operator or motorcycle operator 21 years of | 11 |
| age or older who has a
license classification to operate | 12 |
| such motor driven cycle or motorcycle and at
least one year | 13 |
| of driving experience.
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| (3) A 24 month instruction permit for a motorcycle | 15 |
| other than a motor
driven
cycle may be issued to a person | 16 |
| 16 or 17 years of age in accordance with the
provisions of | 17 |
| paragraph 2 of Section 6-103 and entitles a holder to drive | 18 |
| upon
the highways during daylight under the direct | 19 |
| supervision of a licensed
motorcycle operator 21 years of | 20 |
| age or older who has at least one year of
driving
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| experience.
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| (b) An instruction permit issued under this Section when | 23 |
| issued to a person
under the
age of 17 years shall, as a matter | 24 |
| of law, be invalid for the operation of any
motor
vehicle | 25 |
| during the same time the child is prohibited from being on any | 26 |
| street
or highway under the provisions of the Child Curfew Act. | 27 |
| (b-1) Beginning July 1, 2006, no instruction permit shall | 28 |
| be issued to any applicant who is under the age of 18 years and | 29 |
| who has been certified to be a chronic and habitual truant, as | 30 |
| defined in Section 26-2a of the School Code. | 31 |
| An applicant under the age of 18 years who provides proof | 32 |
| that he or she has resumed regular school attendance or that | 33 |
| his or her application was denied in error shall be eligible to | 34 |
| receive an instruction permit if other requirements are met. |
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| The Secretary shall adopt rules for implementing this | 2 |
| subsection (b-1).
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| (c) Any person under the age of 16 years who possesses an | 4 |
| instruction permit
and
whose
driving privileges have been | 5 |
| suspended or revoked under the provisions of this
Code shall | 6 |
| not be granted a Family Financial Responsibility Driving Permit | 7 |
| or a
Restricted Driving Permit.
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| (Source: P.A. 90-369, eff. 1-1-98.)
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| (625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
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| Sec. 6-108. Cancellation of license issued to minor.
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| (a) The Secretary of State shall cancel the license or | 12 |
| permit of any minor
under the age of 18 years in any of the | 13 |
| following events:
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| 1. Upon the verified written request of the person who | 15 |
| consented to the
application of the minor that the license | 16 |
| or
permit be cancelled;
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| 2. Upon receipt of satisfactory evidence of the death | 18 |
| of the person who
consented to the application of the | 19 |
| minor;
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| 3. Upon receipt of satisfactory evidence that the | 21 |
| person who consented
to the application of a minor no | 22 |
| longer has legal custody of the
minor ;
.
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| 4. Beginning July 1, 2006, upon
receipt of information, | 24 |
| submitted on a form prescribed by the Secretary of State
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| under Section 26-3e of the School Code and provided | 26 |
| voluntarily by
nonpublic schools, that a license-holding | 27 |
| or permit-holding minor no longer meets the school
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| attendance requirements defined in Section 6-107 or | 29 |
| 6-107.1 of this Code.
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| A minor who provides proof acceptable to the Secretary | 31 |
| that the minor has resumed regular school attendance or | 32 |
| that his or her license or permit was cancelled in error | 33 |
| shall have his or her license or permit reinstated. The |
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| Secretary shall adopt rules for implementing this | 2 |
| subdivision (a) 4.
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| After cancellation, the Secretary of State shall not issue | 4 |
| a new
license or permit until the applicant meets the | 5 |
| provisions of Section
6-107 of this Code.
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| (b) The Secretary of State shall cancel the license or | 7 |
| permit of any
person under the age of 18 years if he or she is | 8 |
| convicted of violating
the Cannabis Control Act or the Illinois
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| Controlled Substances Act while that person was in actual | 10 |
| physical
control of a motor vehicle.
For purposes of this | 11 |
| Section, any person placed on probation under Section
10 of the | 12 |
| Cannabis Control Act or Section 410 of the Illinois Controlled
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| Substances Act shall not be considered convicted.
Any person | 14 |
| found guilty of this offense,
while in actual physical control | 15 |
| of a motor vehicle, shall have an entry
made in the court | 16 |
| record by the judge that this offense did occur
while the | 17 |
| person was in actual physical control of a motor vehicle and
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| order the clerk of the court to report the violation to the | 19 |
| Secretary of
State as such. After the cancellation, the | 20 |
| Secretary of State
shall not issue a new license or permit for | 21 |
| a period of one year after the
date of cancellation or until | 22 |
| the minor attains the age of 18 years,
whichever is longer.
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| However, upon application, the Secretary of State
may, if | 24 |
| satisfied that the person applying will not endanger the public
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| safety, or welfare, issue a restricted driving permit granting | 26 |
| the
privilege of driving a motor vehicle between the person's | 27 |
| residence and
person's place of employment or within the scope | 28 |
| of the person's employment related
duties, or to allow | 29 |
| transportation for
the person or a household member of the | 30 |
| person's family for the receipt of
necessary medical care or, | 31 |
| if the professional evaluation indicates,
provide | 32 |
| transportation for the petitioner for alcohol remedial or
| 33 |
| rehabilitative activity, or for the person to attend classes, | 34 |
| as a student,
in an accredited educational institution; if the |
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| person is able to
demonstrate that no alternative means of | 2 |
| transportation is reasonably
available; provided that the | 3 |
| Secretary's discretion shall be limited to
cases where undue | 4 |
| hardship would result from a failure to issue such
restricted | 5 |
| driving permit. In each case the Secretary of State may issue
a | 6 |
| restricted driving permit for a period as he
deems appropriate,
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| except that the permit shall expire within one year from the | 8 |
| date of
issuance. A restricted driving permit issued hereunder | 9 |
| shall be subject to
cancellation, revocation, and suspension by | 10 |
| the Secretary of State in like
manner and for like cause as a | 11 |
| driver's license issued hereunder may be
cancelled, revoked, or | 12 |
| suspended; except that a conviction upon one or more
offenses | 13 |
| against laws or ordinances regulating the movement of traffic
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| shall be deemed sufficient cause for the revocation, | 15 |
| suspension, or
cancellation of a restricted driving permit. The | 16 |
| Secretary of State may,
as a condition to the issuance of a | 17 |
| restricted driving permit, require the
applicant to | 18 |
| participate in a driver remedial or rehabilitative
program.
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| Thereafter, upon reapplication for a license as
provided in | 20 |
| Section 6-106 of this Code or a permit as provided in Section
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| 6-105 of this Code and upon payment of the appropriate | 22 |
| application fee, the
Secretary of State shall issue the | 23 |
| applicant a license as provided in Section
6-106 of this Code | 24 |
| or shall issue the applicant a permit as provided in Section | 25 |
| 6-105.
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| (Source: P.A. 86-1450; 87-1114.)
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| (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
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| Sec. 6-201. Authority to cancel licenses and permits.
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| (a) The Secretary of State is authorized to cancel any | 30 |
| license or permit
upon determining that the holder thereof:
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| 1. was not entitled to the issuance thereof hereunder; | 32 |
| or
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| 2. failed to give the required or correct information |
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| in his
application; or
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| 3. failed to pay any fees, civil penalties owed to the | 3 |
| Illinois Commerce
Commission, or taxes due under this Act | 4 |
| and upon reasonable notice and demand;
or
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| 4. committed any fraud in the making of such | 6 |
| application; or
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| 5. is ineligible therefor under the provisions of | 8 |
| Section 6-103 of this
Act, as amended; or
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| 6. has refused or neglected to submit an alcohol, drug, | 10 |
| and
intoxicating compound evaluation or to
submit to | 11 |
| examination or re-examination as required under this Act; | 12 |
| or
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| 7. has been convicted of violating the Cannabis Control | 14 |
| Act,
the
Illinois Controlled Substances Act, or the Use of | 15 |
| Intoxicating Compounds
Act while that individual was in | 16 |
| actual physical
control of a motor vehicle. For purposes of | 17 |
| this Section, any person placed on
probation under Section | 18 |
| 10 of the Cannabis Control Act or Section 410 of the
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| Illinois Controlled Substances Act shall not be considered | 20 |
| convicted. Any
person found guilty of this offense, while | 21 |
| in actual physical control of a
motor vehicle, shall have | 22 |
| an entry made in the court record by the
judge that this | 23 |
| offense did occur while the person was in actual
physical | 24 |
| control of a motor vehicle and order the clerk of the court | 25 |
| to report
the violation to the Secretary of State as such. | 26 |
| After the cancellation, the
Secretary of State shall not | 27 |
| issue a new license or permit for a period of one
year | 28 |
| after the date of cancellation. However, upon application, | 29 |
| the Secretary
of State may, if satisfied that the person | 30 |
| applying will not endanger the
public safety, or welfare, | 31 |
| issue a restricted driving permit granting the
privilege of | 32 |
| driving a motor vehicle between the person's residence and
| 33 |
| person's place of employment or within the scope of the | 34 |
| person's employment
related duties, or to allow |
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| transportation for
the person or a household member of the | 2 |
| person's family for the receipt of
necessary medical care | 3 |
| or, if the professional evaluation indicates,
provide | 4 |
| transportation for the petitioner for alcohol remedial or
| 5 |
| rehabilitative activity, or for the person to attend | 6 |
| classes, as a student,
in an accredited educational | 7 |
| institution; if the person is able to
demonstrate that no | 8 |
| alternative means of transportation is reasonably
| 9 |
| available; provided that the Secretary's discretion shall | 10 |
| be limited to
cases where undue hardship would result from | 11 |
| a failure to issue such
restricted driving permit. In each | 12 |
| case the Secretary of State may issue
such restricted | 13 |
| driving permit for such period as he deems appropriate,
| 14 |
| except that such permit shall expire within one year from | 15 |
| the date of
issuance. A restricted driving permit issued | 16 |
| hereunder shall be subject to
cancellation, revocation and | 17 |
| suspension by the Secretary of State in like
manner and for | 18 |
| like cause as a driver's license issued hereunder may be
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| cancelled, revoked or suspended; except that a conviction | 20 |
| upon one or more
offenses against laws or ordinances | 21 |
| regulating the movement of traffic
shall be deemed | 22 |
| sufficient cause for the revocation, suspension or
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| cancellation of a restricted driving permit. The Secretary | 24 |
| of State may,
as a condition to the issuance of a | 25 |
| restricted driving permit, require the
applicant to | 26 |
| participate in a driver remedial or rehabilitative
| 27 |
| program; or
| 28 |
| 8. failed to submit a report as required by Section | 29 |
| 6-116.5 of this
Code ; or
.
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| 9. is ineligible for a license or permit under Section | 31 |
| 6-107, 6-107.1, or
6-108 of this Code.
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| (b) Upon such cancellation the licensee or permittee must | 33 |
| surrender the
license or permit so cancelled to the Secretary | 34 |
| of State.
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| (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 2 |
| Secretary of State
shall have exclusive authority to grant, | 3 |
| issue, deny, cancel, suspend and
revoke driving privileges, | 4 |
| drivers' licenses and restricted driving permits.
| 5 |
| (Source: P.A. 89-92, eff. 7-1-96;
89-584, eff. 7-31-96; 90-779, | 6 |
| eff. 1-1-99.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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