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Public Act 094-0357
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| HB0396 Enrolled |
LRB094 05140 DRH 35180 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 6-206.1 as follows:
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(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
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Sec. 6-206.1. Judicial Driving Permit. Declaration of |
Policy. It is hereby declared a policy of the
State of Illinois |
that the driver who is impaired by alcohol, other drug or
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drugs, or intoxicating compound or compounds is a
threat to the |
public safety and welfare. Therefore, to
provide a deterrent to |
such practice and to remove problem drivers from
the highway, a |
statutory summary driver's license suspension is appropriate.
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It is also recognized that driving is a privilege and |
therefore, that in some
cases the granting of limited driving |
privileges, where consistent with public
safety, is warranted |
during the period of suspension in the form of a judicial
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driving permit to drive for the purpose of employment, |
receiving drug treatment
or medical care, and educational |
pursuits, where no alternative means of
transportation is |
available.
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The following procedures shall apply whenever
a first |
offender is arrested for any offense as defined in Section |
11-501
or a similar provision of a local ordinance:
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(a) Subsequent to a notification of a statutory summary |
suspension of
driving privileges as provided in Section |
11-501.1, the first offender as
defined in Section 11-500 may |
petition the circuit court of venue for a
Judicial Driving |
Permit, hereinafter referred as a JDP, to relieve undue
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hardship. The court may issue a court order, pursuant to the |
criteria
contained in this Section, directing the Secretary of |
State to issue such
a JDP to the petitioner. A JDP shall not |
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become effective prior to the 31st
day of the original |
statutory summary suspension and shall always be
subject to the |
following criteria:
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1. If ordered for the purposes of employment, the JDP |
shall be only for
the purpose of providing the petitioner |
the privilege of driving a motor
vehicle between the |
petitioner's residence and the petitioner's place of
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employment and return; or within the scope of the |
petitioner's employment
related duties, shall be effective |
only during and limited to
those specific times and routes |
actually
required to commute or perform the petitioner's |
employment related duties.
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2. The court, by a court order, may also direct the |
Secretary
of State to issue a JDP to allow transportation |
for the petitioner,
or a household member of the |
petitioner's family, to receive alcohol, drug, or |
intoxicating compound treatment or medical care, if the
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petitioner is able to
demonstrate that no alternative means |
of transportation is reasonably
available. Such JDP shall |
be effective only during the specific
times actually |
required to commute.
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3. The court, by a court order, may also direct the |
Secretary of State
to issue a JDP to allow transportation |
by the petitioner for educational
purposes upon |
demonstrating that there are no alternative means of
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transportation reasonably available to accomplish those |
educational
purposes. Such JDP shall be only for the |
purpose of providing
transportation to and from the |
petitioner's residence and the petitioner's
place of |
educational activity, and only during the specific times |
and
routes actually required to commute or perform the |
petitioner's educational
requirement.
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4. The Court shall not issue an order granting a JDP |
to:
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(i) Any person unless and until the court, after
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considering the results of a current professional |
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evaluation of the person's
alcohol or other drug use by |
an agency pursuant to Section 15-10 of the
Alcoholism |
and Other Drug Abuse and
Dependency Act and other |
appropriate investigation of the
person, is satisfied |
that granting the privilege of
driving a motor vehicle |
on the highways will not endanger the public safety or
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welfare.
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(ii) Any person who has been convicted of reckless |
homicide within
the previous 5 years.
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(iii) Any person whose privilege to operate a motor |
vehicle
was invalid at the time of arrest for the |
current violation of Section 11-501,
or a similar |
provision of a local ordinance, except in cases where |
the cause
for a driver's license suspension has been |
removed at the time a JDP is
effective. In any case, |
should the Secretary of State enter a suspension or
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revocation of driving privileges pursuant to the |
provisions of this Code
while the JDP is in effect or |
pending, the Secretary shall take the
prescribed |
action and provide a notice to the person and the court |
ordering
the issuance of the JDP that all driving |
privileges, including those provided
by the issuance |
of the JDP, have been withdrawn.
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(iv) Any person under the age of 18 years.
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(b) Prior to ordering the issuance of a JDP the Court |
should consider at
least, but not be limited to, the following |
issues:
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1. Whether the person is employed and no other means of |
commuting to the
place of employment is available or that |
the person must drive as a
condition of employment. The |
employer shall certify the hours of
employment and the need |
and parameters necessary for driving as a
condition to |
employment.
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2. Whether the person must drive to secure alcohol or |
other medical
treatment for himself or a family member.
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3. Whether the person must drive for educational |
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purposes. The
educational institution shall certify the |
person's enrollment in and
academic schedule at the |
institution.
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4. Whether the person has been repeatedly convicted of |
traffic
violations or involved in motor vehicle accidents |
to a degree which
indicates disrespect for public safety.
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5. Whether the person has been convicted of a traffic |
violation in
connection with a traffic accident resulting |
in the death of any person
within the last 5 years.
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6. Whether the person is likely to obey the limited |
provisions of the
JDP.
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7. Whether the person has any additional traffic |
violations pending
in any court.
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For purposes of this Section, programs conducting |
professional
evaluations of a person's alcohol, other drug, or |
intoxicating
compound use must report, to the
court of venue, |
using a form prescribed by the Secretary of State. A copy
of |
such evaluations shall be sent to the Secretary of State by the |
court.
However, the evaluation information shall be privileged |
and only available
to courts and to the Secretary of State, but |
shall not be admissible in the
subsequent trial on the |
underlying charge.
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(c) The scope of any court order issued for a JDP under |
this Section
shall be limited to
the operation of a motor |
vehicle as provided for in subsection (a) of
this Section and |
shall specify the petitioner's residence, place of
employment |
or location of educational institution, and the scope of job
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related duties, if relevant. The JDP shall also specify days of |
the week
and specific hours
of the day when the petitioner is |
able to exercise the limited privilege of
operating a motor |
vehicle.
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(c-1) If the petitioner is issued a citation for a |
violation of Section 6-303 during the period of a statutory |
summary suspension entered under Section 11-501.1 of this Code, |
or if the petitioner is charged with a violation of Section |
11-501 or a similar provision of a local ordinance or a similar |
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out of state offense which occurs after the current violation |
of Section 11-501 or a similar provision of a local ordinance, |
the court may not grant the petitioner a JDP unless the |
petitioner is acquitted or the citation or complaint is |
otherwise dismissed. |
If the petitioner is issued a citation for a violation of |
Section 6-303 or a violation of Section 11-501 or a similar |
provision of a local ordinance or a similar out of state |
offense during the term of the JDP, the officer issuing the |
citation, or the law enforcement agency employing that officer, |
shall confiscate the JDP and immediately send the JDP and |
notice of the citation to the court that ordered the issuance |
of the JDP. Within 10 days of receipt, the issuing court, upon |
notice to the petitioner, shall conduct a hearing to consider |
cancellation of the JDP. If the court enters an order of |
cancellation, the court shall forward the order to the |
Secretary of State, and the Secretary shall cancel the JDP and |
notify the petitioner of the cancellation. If, however, the |
petitioner is convicted of the offense before the JDP has been |
cancelled, the court of venue shall send notice of conviction |
to the court that ordered issuance of the JDP. The court |
receiving the notice shall immediately enter an order of |
cancellation and forward the order to the Secretary of State. |
The Secretary shall cancel the JDP and notify the petitioner of |
the cancellation. |
If the petitioner is issued a citation for any other |
traffic related offense during the term of the JDP, the officer |
issuing the citation, or the law enforcement agency employing |
that officer, shall send notice of the citation to the court |
that ordered issuance of the JDP. Upon receipt and notice to |
the petitioner and an opportunity for a hearing, the court |
shall determine whether the violation constitutes grounds for |
cancellation of the JDP. If the court enters an order of |
cancellation, the court shall forward the order to the |
Secretary of State, and the Secretary shall cancel the JDP and |
shall notify the petitioner of the cancellation.
If the |
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Petitioner, who has been granted a JDP, is issued a citation |
for a
traffic related offense, including operating a motor |
vehicle outside the
limitations prescribed in the JDP or a |
violation of Section 6-303, or is
convicted of any such an |
offense during the term
of the JDP, the court shall consider |
cancellation of the limited driving
permit. In any case, if the |
Petitioner commits an offense, as defined in
Section 11-501, or |
a similar provision of a local ordinance, as evidenced
by the |
issuance of a Uniform Traffic Ticket, the JDP shall be |
forwarded by
the court of venue to the court ordering the |
issuance of the JDP, for
cancellation. The court shall notify |
the Secretary of State of any
such cancellation.
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(d) The Secretary of State shall, upon receiving a court |
order
from the court of venue, issue a JDP to a successful |
Petitioner under this
Section. Such court order form shall also |
contain a notification, which
shall be sent to the Secretary of |
State, providing the name, driver's
license number and legal |
address of the successful petitioner, and the full
and detailed |
description of the limitations of the JDP. This information
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shall be available only to the courts, police officers, and the |
Secretary
of State, except during the actual period the JDP is |
valid, during which
time it shall be a public record. The |
Secretary of State shall design and
furnish to the courts an |
official court order form to be used by the courts
when |
directing the Secretary of State to issue a JDP.
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Any submitted court order that contains insufficient data |
or fails to
comply with this Code shall not be utilized for JDP |
issuance or entered to
the driver record but shall be returned |
to the issuing court indicating why
the JDP cannot be so |
entered. A notice of this action shall also be sent
to the JDP |
petitioner by the Secretary of State.
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(e) The circuit court of venue may conduct the judicial |
hearing, as
provided in Section 2-118.1, and the JDP hearing |
provided in this Section,
concurrently. Such concurrent |
hearing shall proceed in the court in the
same manner as in |
other civil proceedings.
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