093_HB3935 LRB093 13685 RAS 19075 b 1 AN ACT in relation to alcoholic liquor. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Liquor Control Act of 1934 is amended by 5 changing Section 4-4 as follows: 6 (235 ILCS 5/4-4) (from Ch. 43, par. 112) 7 Sec. 4-4. Each local liquor control commissioner shall 8 also have the following powers, functions and duties with 9 respect to licenses, other than licenses to manufacturers, 10 importing distributors, distributors, foreign importers, 11 non-resident dealers, non-beverage users, brokers, railroads, 12 airplanes and boats. 13 1. To grant and or suspend for not more than thirty 14 days or revoke for cause all local licenses issued to 15 persons for premises within his jurisdiction; 16 2. To enter or to authorize any law enforcing 17 officer to enter at any time upon any premises licensed 18 hereunder to determine whether any of the provisions of 19 this Act or any rules or regulations adopted by him or by 20 the State Commission have been or are being violated, and 21 at such time to examine said premises of said licensee in 22 connection therewith; 23 3. To notify the Secretary of State where a club 24 incorporated under the General Not for Profit Corporation 25 Act of 1986 or a foreign corporation functioning as a 26 club in this State under a certificate of authority 27 issued under that Act has violated this Act by selling or 28 offering for sale at retail alcoholic liquors without a 29 retailer's license; 30 4. To receive complaint from any citizen within his 31 jurisdiction that any of the provisions of this Act, or -2- LRB093 13685 RAS 19075 b 1 any rules or regulations adopted pursuant hereto, have 2 been or are being violated and to act upon such 3 complaints in the manner hereinafter provided; 4 5. To receive local license fees and pay the same 5 forthwith to the city, village, town or county treasurer 6 as the case may be. 7 Each local liquor commissioner also has the duty to 8 notify the Secretary of State of (a) any convictions for a 9 violation of Section 6-20 of this Act or a similar provision 10 of a local ordinance or (b) any finding of a violation of a 11 similar provision of a local ordinance in an administrative 12 proceeding. 13 In counties and municipalities, the local liquor control 14 commissioners shall also have the power to levy fines in 15 accordance with Section 7-5 of this Act. 16 (Source: P.A. 91-357, eff. 7-29-99; 92-804, eff. 1-1-03.) 17 Section 10. The Illinois Vehicle Code is amended by 18 changing Section 6-206 as follows: 19 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 20 Sec. 6-206. Discretionary authority to suspend or revoke 21 license or permit; Right to a hearing. 22 (a) The Secretary of State is authorized to suspend or 23 revoke the driving privileges of any person without 24 preliminary hearing upon a showing of the person's records or 25 other sufficient evidence that the person: 26 1. Has committed an offense for which mandatory 27 revocation of a driver's license or permit is required 28 upon conviction; 29 2. Has been convicted of not less than 3 offenses 30 against traffic regulations governing the movement of 31 vehicles committed within any 12 month period. No 32 revocation or suspension shall be entered more than 6 -3- LRB093 13685 RAS 19075 b 1 months after the date of last conviction; 2 3. Has been repeatedly involved as a driver in 3 motor vehicle collisions or has been repeatedly convicted 4 of offenses against laws and ordinances regulating the 5 movement of traffic, to a degree that indicates lack of 6 ability to exercise ordinary and reasonable care in the 7 safe operation of a motor vehicle or disrespect for the 8 traffic laws and the safety of other persons upon the 9 highway; 10 4. Has by the unlawful operation of a motor vehicle 11 caused or contributed to an accident resulting in death 12 or injury requiring immediate professional treatment in a 13 medical facility or doctor's office to any person, except 14 that any suspension or revocation imposed by the 15 Secretary of State under the provisions of this 16 subsection shall start no later than 6 months after being 17 convicted of violating a law or ordinance regulating the 18 movement of traffic, which violation is related to the 19 accident, or shall start not more than one year after the 20 date of the accident, whichever date occurs later; 21 5. Has permitted an unlawful or fraudulent use of a 22 driver's license, identification card, or permit; 23 6. Has been lawfully convicted of an offense or 24 offenses in another state, including the authorization 25 contained in Section 6-203.1, which if committed within 26 this State would be grounds for suspension or revocation; 27 7. Has refused or failed to submit to an 28 examination provided for by Section 6-207 or has failed 29 to pass the examination; 30 8. Is ineligible for a driver's license or permit 31 under the provisions of Section 6-103; 32 9. Has made a false statement or knowingly 33 concealed a material fact or has used false information 34 or identification in any application for a license, -4- LRB093 13685 RAS 19075 b 1 identification card, or permit; 2 10. Has possessed, displayed, or attempted to 3 fraudulently use any license, identification card, or 4 permit not issued to the person; 5 11. Has operated a motor vehicle upon a highway of 6 this State when the person's driving privilege or 7 privilege to obtain a driver's license or permit was 8 revoked or suspended unless the operation was authorized 9 by a judicial driving permit, probationary license to 10 drive, or a restricted driving permit issued under this 11 Code; 12 12. Has submitted to any portion of the application 13 process for another person or has obtained the services 14 of another person to submit to any portion of the 15 application process for the purpose of obtaining a 16 license, identification card, or permit for some other 17 person; 18 13. Has operated a motor vehicle upon a highway of 19 this State when the person's driver's license or permit 20 was invalid under the provisions of Sections 6-107.1 and 21 6-110; 22 14. Has committed a violation of Section 6-301, 23 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 24 14B of the Illinois Identification Card Act; 25 15. Has been convicted of violating Section 21-2 of 26 the Criminal Code of 1961 relating to criminal trespass 27 to vehicles in which case, the suspension shall be for 28 one year; 29 16. Has been convicted of violating Section 11-204 30 of this Code relating to fleeing from a peace officer; 31 17. Has refused to submit to a test, or tests, as 32 required under Section 11-501.1 of this Code and the 33 person has not sought a hearing as provided for in 34 Section 11-501.1; -5- LRB093 13685 RAS 19075 b 1 18. Has, since issuance of a driver's license or 2 permit, been adjudged to be afflicted with or suffering 3 from any mental disability or disease; 4 19. Has committed a violation of paragraph (a) or 5 (b) of Section 6-101 relating to driving without a 6 driver's license; 7 20. Has been convicted of violating Section 6-104 8 relating to classification of driver's license; 9 21. Has been convicted of violating Section 11-402 10 of this Code relating to leaving the scene of an accident 11 resulting in damage to a vehicle in excess of $1,000, in 12 which case the suspension shall be for one year; 13 22. Has used a motor vehicle in violating paragraph 14 (3), (4), (7), or (9) of subsection (a) of Section 24-1 15 of the Criminal Code of 1961 relating to unlawful use of 16 weapons, in which case the suspension shall be for one 17 year; 18 23. Has, as a driver, been convicted of committing 19 a violation of paragraph (a) of Section 11-502 of this 20 Code for a second or subsequent time within one year of a 21 similar violation; 22 24. Has been convicted by a court-martial or 23 punished by non-judicial punishment by military 24 authorities of the United States at a military 25 installation in Illinois of or for a traffic related 26 offense that is the same as or similar to an offense 27 specified under Section 6-205 or 6-206 of this Code; 28 25. Has permitted any form of identification to be 29 used by another in the application process in order to 30 obtain or attempt to obtain a license, identification 31 card, or permit; 32 26. Has altered or attempted to alter a license or 33 has possessed an altered license, identification card, or 34 permit; -6- LRB093 13685 RAS 19075 b 1 27. Has violated Section 6-16 of the Liquor Control 2 Act of 1934; 3 28. Has been convicted of the illegal possession, 4 while operating or in actual physical control, as a 5 driver, of a motor vehicle, of any controlled substance 6 prohibited under the Illinois Controlled Substances Act 7 or any cannabis prohibited under the provisions of the 8 Cannabis Control Act, in which case the person's driving 9 privileges shall be suspended for one year, and any 10 driver who is convicted of a second or subsequent 11 offense, within 5 years of a previous conviction, for the 12 illegal possession, while operating or in actual physical 13 control, as a driver, of a motor vehicle, of any 14 controlled substance prohibited under the provisions of 15 the Illinois Controlled Substances Act or any cannabis 16 prohibited under the Cannabis Control Act shall be 17 suspended for 5 years. Any defendant found guilty of this 18 offense while operating a motor vehicle, shall have an 19 entry made in the court record by the presiding judge 20 that this offense did occur while the defendant was 21 operating a motor vehicle and order the clerk of the 22 court to report the violation to the Secretary of State; 23 29. Has been convicted of the following offenses 24 that were committed while the person was operating or in 25 actual physical control, as a driver, of a motor vehicle: 26 criminal sexual assault, predatory criminal sexual 27 assault of a child, aggravated criminal sexual assault, 28 criminal sexual abuse, aggravated criminal sexual abuse, 29 juvenile pimping, soliciting for a juvenile prostitute 30 and the manufacture, sale or delivery of controlled 31 substances or instruments used for illegal drug use or 32 abuse in which case the driver's driving privileges shall 33 be suspended for one year; 34 30. Has been convicted a second or subsequent time -7- LRB093 13685 RAS 19075 b 1 for any combination of the offenses named in paragraph 29 2 of this subsection, in which case the person's driving 3 privileges shall be suspended for 5 years; 4 31. Has refused to submit to a test as required by 5 Section 11-501.6 or has submitted to a test resulting in 6 an alcohol concentration of 0.08 or more or any amount of 7 a drug, substance, or compound resulting from the 8 unlawful use or consumption of cannabis as listed in the 9 Cannabis Control Act, a controlled substance as listed in 10 the Illinois Controlled Substances Act, or an 11 intoxicating compound as listed in the Use of 12 Intoxicating Compounds Act, in which case the penalty 13 shall be as prescribed in Section 6-208.1; 14 32. Has been convicted of Section 24-1.2 of the 15 Criminal Code of 1961 relating to the aggravated 16 discharge of a firearm if the offender was located in a 17 motor vehicle at the time the firearm was discharged, in 18 which case the suspension shall be for 3 years; 19 33. Has as a driver, who was less than 21 years of 20 age on the date of the offense, been convicted a first 21 time of a violation of paragraph (a) of Section 11-502 of 22 this Code or a similar provision of a local ordinance; 23 34. Has committed a violation of Section 11-1301.5 24 of this Code; 25 35. Has committed a violation of Section 11-1301.6 26 of this Code; 27 36. Is under the age of 21 years at the time of 28 arrest and has been convicted of not less than 2 offenses 29 against traffic regulations governing the movement of 30 vehicles committed within any 24 month period. No 31 revocation or suspension shall be entered more than 6 32 months after the date of last conviction; 33 37. Has committed a violation of subsection (c) of 34 Section 11-907 of this Code; -8- LRB093 13685 RAS 19075 b 1 38. Has been (a) convicted of a violation of 2 Section 6-20 of the Liquor Control Act of 1934 or a 3 similar provision of a local ordinance or (b) been found 4 to be in violation of a similar provision of a local 5 ordinance in an administrative proceeding; or 6 39. Has committed a second or subsequent violation 7 of Section 11-1201 of this Code. 8 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 9 and 27 of this subsection, license means any driver's 10 license, any traffic ticket issued when the person's driver's 11 license is deposited in lieu of bail, a suspension notice 12 issued by the Secretary of State, a duplicate or corrected 13 driver's license, a probationary driver's license or a 14 temporary driver's license. 15 (b) If any conviction forming the basis of a suspension 16 or revocation authorized under this Section is appealed, the 17 Secretary of State may rescind or withhold the entry of the 18 order of suspension or revocation, as the case may be, 19 provided that a certified copy of a stay order of a court is 20 filed with the Secretary of State. If the conviction is 21 affirmed on appeal, the date of the conviction shall relate 22 back to the time the original judgment of conviction was 23 entered and the 6 month limitation prescribed shall not 24 apply. 25 (c) 1. Upon suspending or revoking the driver's license 26 or permit of any person as authorized in this Section, 27 the Secretary of State shall immediately notify the 28 person in writing of the revocation or suspension. The 29 notice to be deposited in the United States mail, postage 30 prepaid, to the last known address of the person. 31 2. If the Secretary of State suspends the driver's 32 license of a person under subsection 2 of paragraph (a) 33 of this Section, a person's privilege to operate a 34 vehicle as an occupation shall not be suspended, provided -9- LRB093 13685 RAS 19075 b 1 an affidavit is properly completed, the appropriate fee 2 received, and a permit issued prior to the effective date 3 of the suspension, unless 5 offenses were committed, at 4 least 2 of which occurred while operating a commercial 5 vehicle in connection with the driver's regular 6 occupation. All other driving privileges shall be 7 suspended by the Secretary of State. Any driver prior to 8 operating a vehicle for occupational purposes only must 9 submit the affidavit on forms to be provided by the 10 Secretary of State setting forth the facts of the 11 person's occupation. The affidavit shall also state the 12 number of offenses committed while operating a vehicle in 13 connection with the driver's regular occupation. The 14 affidavit shall be accompanied by the driver's license. 15 Upon receipt of a properly completed affidavit, the 16 Secretary of State shall issue the driver a permit to 17 operate a vehicle in connection with the driver's regular 18 occupation only. Unless the permit is issued by the 19 Secretary of State prior to the date of suspension, the 20 privilege to drive any motor vehicle shall be suspended 21 as set forth in the notice that was mailed under this 22 Section. If an affidavit is received subsequent to the 23 effective date of this suspension, a permit may be issued 24 for the remainder of the suspension period. 25 The provisions of this subparagraph shall not apply 26 to any driver required to obtain a commercial driver's 27 license under Section 6-507 during the period of a 28 disqualification of commercial driving privileges under 29 Section 6-514. 30 Any person who falsely states any fact in the 31 affidavit required herein shall be guilty of perjury 32 under Section 6-302 and upon conviction thereof shall 33 have all driving privileges revoked without further 34 rights. -10- LRB093 13685 RAS 19075 b 1 3. At the conclusion of a hearing under Section 2 2-118 of this Code, the Secretary of State shall either 3 rescind or continue an order of revocation or shall 4 substitute an order of suspension; or, good cause 5 appearing therefor, rescind, continue, change, or extend 6 the order of suspension. If the Secretary of State does 7 not rescind the order, the Secretary may upon 8 application, to relieve undue hardship, issue a 9 restricted driving permit granting the privilege of 10 driving a motor vehicle between the petitioner's 11 residence and petitioner's place of employment or within 12 the scope of his employment related duties, or to allow 13 transportation for the petitioner, or a household member 14 of the petitioner's family, to receive necessary medical 15 care and if the professional evaluation indicates, 16 provide transportation for alcohol remedial or 17 rehabilitative activity, or for the petitioner to attend 18 classes, as a student, in an accredited educational 19 institution; if the petitioner is able to demonstrate 20 that no alternative means of transportation is reasonably 21 available and the petitioner will not endanger the public 22 safety or welfare. 23 If a person's license or permit has been revoked or 24 suspended due to 2 or more convictions of violating 25 Section 11-501 of this Code or a similar provision of a 26 local ordinance or a similar out-of-state offense, 27 arising out of separate occurrences, that person, if 28 issued a restricted driving permit, may not operate a 29 vehicle unless it has been equipped with an ignition 30 interlock device as defined in Section 1-129.1. 31 If a person's license or permit has been revoked or 32 suspended 2 or more times within a 10 year period due to 33 a single conviction of violating Section 11-501 of this 34 Code or a similar provision of a local ordinance or a -11- LRB093 13685 RAS 19075 b 1 similar out-of-state offense, and a statutory summary 2 suspension under Section 11-501.1, or 2 or more statutory 3 summary suspensions, or combination of 2 offenses, or of 4 an offense and a statutory summary suspension, arising 5 out of separate occurrences, that person, if issued a 6 restricted driving permit, may not operate a vehicle 7 unless it has been equipped with an ignition interlock 8 device as defined in Section 1-129.1. The person must 9 pay to the Secretary of State DUI Administration Fund an 10 amount not to exceed $20 per month. The Secretary shall 11 establish by rule the amount and the procedures, terms, 12 and conditions relating to these fees. If the restricted 13 driving permit was issued for employment purposes, then 14 this provision does not apply to the operation of an 15 occupational vehicle owned or leased by that person's 16 employer. In each case the Secretary may issue a 17 restricted driving permit for a period deemed 18 appropriate, except that all permits shall expire within 19 one year from the date of issuance. The Secretary may 20 not, however, issue a restricted driving permit to any 21 person whose current revocation is the result of a second 22 or subsequent conviction for a violation of Section 23 11-501 of this Code or a similar provision of a local 24 ordinance relating to the offense of operating or being 25 in physical control of a motor vehicle while under the 26 influence of alcohol, other drug or drugs, intoxicating 27 compound or compounds, or any similar out-of-state 28 offense, or any combination of those offenses, until the 29 expiration of at least one year from the date of the 30 revocation. A restricted driving permit issued under 31 this Section shall be subject to cancellation, 32 revocation, and suspension by the Secretary of State in 33 like manner and for like cause as a driver's license 34 issued under this Code may be cancelled, revoked, or -12- LRB093 13685 RAS 19075 b 1 suspended; except that a conviction upon one or more 2 offenses against laws or ordinances regulating the 3 movement of traffic shall be deemed sufficient cause for 4 the revocation, suspension, or cancellation of a 5 restricted driving permit. The Secretary of State may, 6 as a condition to the issuance of a restricted driving 7 permit, require the applicant to participate in a 8 designated driver remedial or rehabilitative program. 9 The Secretary of State is authorized to cancel a 10 restricted driving permit if the permit holder does not 11 successfully complete the program. 12 (c-5) The Secretary of State may, as a condition of the 13 reissuance of a driver's license or permit to an applicant 14 whose driver's license or permit has been suspended before he 15 or she reached the age of 18 years pursuant to any of the 16 provisions of this Section, require the applicant to 17 participate in a driver remedial education course and be 18 retested under Section 6-109 of this Code. 19 (d) This Section is subject to the provisions of the 20 Drivers License Compact. 21 (e) The Secretary of State shall not issue a restricted 22 driving permit to a person under the age of 16 years whose 23 driving privileges have been suspended or revoked under any 24 provisions of this Code. 25 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; 26 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 92-804, eff. 27 1-1-03; 92-814, eff. 1-1-03; 93-120, eff. 1-1-04.)