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.)