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1 | AN ACT concerning transportation.
| ||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing
| ||||||||||||||||||||||||||||||||
5 | Sections 6-204, 6-205, and 6-206 and adding Sections 11-503.5 | ||||||||||||||||||||||||||||||||
6 | and 11-503.6 as
follows:
| ||||||||||||||||||||||||||||||||
7 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||||||||||||||||||||||||||||||||
8 | Sec. 6-204. When Court to forward License and Reports.
| ||||||||||||||||||||||||||||||||
9 | (a) For the purpose of providing to the Secretary of State | ||||||||||||||||||||||||||||||||
10 | the records
essential to the performance of the Secretary's | ||||||||||||||||||||||||||||||||
11 | duties under this Code to
cancel, revoke or suspend the | ||||||||||||||||||||||||||||||||
12 | driver's license and privilege to drive motor
vehicles of | ||||||||||||||||||||||||||||||||
13 | certain minors adjudicated truant minors in need of | ||||||||||||||||||||||||||||||||
14 | supervision,
addicted, or delinquent and of persons
found | ||||||||||||||||||||||||||||||||
15 | guilty of the criminal offenses or traffic violations
which | ||||||||||||||||||||||||||||||||
16 | this Code recognizes as evidence relating to unfitness to | ||||||||||||||||||||||||||||||||
17 | safely operate
motor vehicles, the following duties are imposed | ||||||||||||||||||||||||||||||||
18 | upon public officials:
| ||||||||||||||||||||||||||||||||
19 | (1) Whenever any person is convicted of any offense for | ||||||||||||||||||||||||||||||||
20 | which
this
Code makes mandatory the cancellation or | ||||||||||||||||||||||||||||||||
21 | revocation of the driver's
license or permit of such person | ||||||||||||||||||||||||||||||||
22 | by the Secretary of State, the judge of the
court in which | ||||||||||||||||||||||||||||||||
23 | such conviction is had shall require the surrender to the | ||||||||||||||||||||||||||||||||
24 | clerk
of the court of all driver's licenses or permits then | ||||||||||||||||||||||||||||||||
25 | held by the person so
convicted, and the clerk of the court | ||||||||||||||||||||||||||||||||
26 | shall, within 10 days thereafter, forward
the same, | ||||||||||||||||||||||||||||||||
27 | together with a report of such conviction, to the | ||||||||||||||||||||||||||||||||
28 | Secretary.
| ||||||||||||||||||||||||||||||||
29 | (2) Whenever any person is convicted of any offense | ||||||||||||||||||||||||||||||||
30 | under this
Code or
similar offenses under a municipal | ||||||||||||||||||||||||||||||||
31 | ordinance, other than regulations
governing standing, | ||||||||||||||||||||||||||||||||
32 | parking or weights of vehicles, and excepting the
following |
| |||||||
|
|||||||
1 | enumerated Sections of this Code: Sections 11-1406 | ||||||
2 | (obstruction
to driver's view or control), 11-1407 | ||||||
3 | (improper opening of door into
traffic), 11-1410 (coasting | ||||||
4 | on downgrade), 11-1411 (following fire
apparatus), | ||||||
5 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||||||
6 | vehicle which is in unsafe condition or improperly | ||||||
7 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
8 | 12-202 (clearance, identification and
side marker lamps), | ||||||
9 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
10 | to display the safety lights required), 12-401 | ||||||
11 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
12 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
13 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
14 | (mufflers, prevention of noise or smoke), 12-603 (seat
| ||||||
15 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
16 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
17 | operated on highways),
12-710 (splash guards and | ||||||
18 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
19 | and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||||||
20 | and address on second division vehicles), 15-107 (length of | ||||||
21 | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||||||
22 | 15-112 (weights), 15-301
(weights), 15-316 (weights), | ||||||
23 | 15-318 (weights), and also excepting the following
| ||||||
24 | enumerated Sections of the Chicago Municipal Code: | ||||||
25 | Sections 27-245 (following
fire apparatus), 27-254 | ||||||
26 | (obstruction of traffic), 27-258 (driving vehicle which
is | ||||||
27 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
28 | 27-264 (use of horns
and signal devices), 27-265 | ||||||
29 | (obstruction to driver's view or driver mechanism),
27-267 | ||||||
30 | (dimming of headlights), 27-268 (unattended motor | ||||||
31 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
32 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
33 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
34 | standing
of buses or taxicabs), 27-277 (cruising of public | ||||||
35 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
36 | (diagonal parking), 27-307 (parking not to obstruct
|
| |||||||
|
|||||||
1 | traffic), 27-308 (stopping, standing or parking | ||||||
2 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
3 | regulations), 27-313 (parking regulations),
27-314 | ||||||
4 | (parking regulations), 27-315 (parking regulations), | ||||||
5 | 27-316 (parking
regulations), 27-317 (parking | ||||||
6 | regulations), 27-318 (parking regulations),
27-319 | ||||||
7 | (parking regulations), 27-320 (parking regulations), | ||||||
8 | 27-321 (parking
regulations), 27-322 (parking | ||||||
9 | regulations), 27-324 (loading and
unloading at an angle), | ||||||
10 | 27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||||||
11 | the downtown district), 27-335 (load restrictions in
| ||||||
12 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
13 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
14 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
15 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
16 | sticker), 27-357 (identification of vehicles), 27-358
| ||||||
17 | (projecting of loads), and also excepting the following | ||||||
18 | enumerated
paragraphs of Section 2-201 of the Rules and | ||||||
19 | Regulations of the Illinois
State Toll Highway Authority: | ||||||
20 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||||||
21 | transporting dangerous cargo not properly indicated), it
| ||||||
22 | shall be the duty of the clerk of the court in which such | ||||||
23 | conviction is
had within 10 days thereafter to forward to | ||||||
24 | the Secretary of State a report of
the conviction and the | ||||||
25 | court may recommend the suspension of the driver's
license | ||||||
26 | or permit of the person so convicted.
| ||||||
27 | The reporting requirements of this subsection shall apply | ||||||
28 | to all
violations stated in paragraphs (1) and (2) of this
| ||||||
29 | subsection when the
individual has been adjudicated under the | ||||||
30 | Juvenile Court Act or the
Juvenile Court Act of 1987. Such | ||||||
31 | reporting requirements shall also apply to
individuals | ||||||
32 | adjudicated under the Juvenile Court Act or the Juvenile Court | ||||||
33 | Act
of 1987 who have committed a violation of Section 11-501 of | ||||||
34 | this Code, or
similar provision of a local ordinance, or | ||||||
35 | Section 9-3 of the Criminal Code
of 1961, as amended, relating | ||||||
36 | to the offense of reckless homicide.
The reporting requirements |
| |||||||
|
|||||||
1 | of this subsection shall also apply to
a truant minor in need | ||||||
2 | of supervision, an addicted
minor, or a delinquent minor and | ||||||
3 | whose driver's license and privilege to
drive a motor vehicle | ||||||
4 | has been ordered suspended for such times as determined
by the | ||||||
5 | Court, but only until he or she attains
18 years of age. It | ||||||
6 | shall be the duty of the clerk of the court in which
| ||||||
7 | adjudication is had within 10 days thereafter to forward to the | ||||||
8 | Secretary of
State a report of the adjudication and the court | ||||||
9 | order requiring the Secretary
of State to suspend the minor's | ||||||
10 | driver's license and driving privilege for such
time as | ||||||
11 | determined by the Court, but only until he or she attains the | ||||||
12 | age of 18
years. All juvenile court dispositions reported to | ||||||
13 | the Secretary of State
under this provision shall be processed | ||||||
14 | by the Secretary of State as if the
cases had been adjudicated | ||||||
15 | in traffic or criminal court. However, information
reported | ||||||
16 | relative to the offense of reckless homicide, or Section 11-501 | ||||||
17 | of
this Code, or a similar provision of a local ordinance, | ||||||
18 | shall be privileged
and available only to the Secretary of | ||||||
19 | State, courts, and police officers.
| ||||||
20 | (3) Whenever an order is entered vacating the | ||||||
21 | forfeiture of any
bail,
security or bond given to secure | ||||||
22 | appearance for any offense under this
Code or similar | ||||||
23 | offenses under municipal ordinance, it shall be the duty
of | ||||||
24 | the clerk of the court in which such vacation was had or | ||||||
25 | the judge of
such court if such court has no clerk, within | ||||||
26 | 10 days thereafter to
forward to the Secretary of State a | ||||||
27 | report of the vacation.
| ||||||
28 | (4) A report of any disposition of court supervision | ||||||
29 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
30 | similar provision of a local ordinance,
11-503 , 11-503.5, | ||||||
31 | 11-503.6, and 11-504 shall be forwarded to the Secretary of | ||||||
32 | State.
A report of any disposition of court supervision for | ||||||
33 | a violation of an offense
defined as a serious traffic | ||||||
34 | violation in this Code or a similar provision of a
local | ||||||
35 | ordinance committed by a person under the age of 21 years | ||||||
36 | shall be
forwarded to the Secretary of State.
|
| |||||||
|
|||||||
1 | (5) Reports of conviction
under this Code
and | ||||||
2 | sentencing hearings under the
Juvenile Court
Act of 1987 in | ||||||
3 | an electronic format
or a computer processible medium
shall
| ||||||
4 | be
forwarded to the Secretary of State via the Supreme | ||||||
5 | Court in the form and
format required by the Illinois | ||||||
6 | Supreme Court and established by a written
agreement | ||||||
7 | between the Supreme Court and the Secretary of State.
In | ||||||
8 | counties with a population over 300,000, instead of | ||||||
9 | forwarding reports to
the Supreme Court, reports of | ||||||
10 | conviction
under this Code
and sentencing hearings under | ||||||
11 | the
Juvenile Court Act of 1987 in an electronic format
or a | ||||||
12 | computer processible medium
may
be forwarded to the | ||||||
13 | Secretary of State by the Circuit Court Clerk in a form and
| ||||||
14 | format required by the Secretary of State and established | ||||||
15 | by written agreement
between the Circuit Court Clerk and | ||||||
16 | the Secretary of State. Failure to
forward the reports of | ||||||
17 | conviction or sentencing hearing under the Juvenile
Court | ||||||
18 | Act of 1987 as required by this Section shall be
deemed an | ||||||
19 | omission of duty and it shall be the duty of the several | ||||||
20 | State's
Attorneys to enforce the requirements of this | ||||||
21 | Section.
| ||||||
22 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
23 | court, as a
result of confiscation by a police officer pursuant | ||||||
24 | to the authority in
Section 6-113(f), it shall be the duty of | ||||||
25 | the clerk, or judge, if the court
has no clerk, to forward such | ||||||
26 | restricted driving permit and a facsimile of
the officer's | ||||||
27 | citation to the Secretary of State as expeditiously as
| ||||||
28 | practicable.
| ||||||
29 | (c) For the purposes of this Code, a forfeiture of bail or | ||||||
30 | collateral
deposited to secure a defendant's appearance in | ||||||
31 | court when forfeiture
has not been vacated, or the failure of a | ||||||
32 | defendant to appear for trial
after depositing his driver's | ||||||
33 | license in lieu of other bail, shall be
equivalent to a | ||||||
34 | conviction.
| ||||||
35 | (d) For the purpose of providing the Secretary of State | ||||||
36 | with records
necessary to properly monitor and assess driver |
| |||||||
|
|||||||
1 | performance and assist the
courts in the proper disposition of | ||||||
2 | repeat traffic law offenders, the clerk
of the court shall | ||||||
3 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
4 | Secretary, records of a driver's participation in a driver | ||||||
5 | remedial
or rehabilitative program which was required, through | ||||||
6 | a court order or court
supervision, in relation to the driver's | ||||||
7 | arrest for a violation of Section
11-501 of this Code or a | ||||||
8 | similar provision of a local ordinance.
The clerk of the court | ||||||
9 | shall also forward to the Secretary, either on
paper or in an | ||||||
10 | electronic format or a computer processible medium as required
| ||||||
11 | under paragraph (5) of subsection (a) of this Section, any | ||||||
12 | disposition
of court supervision for any traffic violation,
| ||||||
13 | excluding those offenses listed in paragraph (2)
of subsection | ||||||
14 | (a) of this Section.
These reports
shall be sent within 10 days | ||||||
15 | after disposition, or, if
the driver is
referred to a driver
| ||||||
16 | remedial or rehabilitative program, within 10 days of the | ||||||
17 | driver's referral
to that program.
These reports received by | ||||||
18 | the Secretary of State, including those required to
be | ||||||
19 | forwarded under paragraph (a)(4), shall be privileged | ||||||
20 | information, available
only (i) to the affected driver and (ii) | ||||||
21 | for use by the courts, police
officers, prosecuting | ||||||
22 | authorities, and the Secretary of State.
| ||||||
23 | (Source: P.A. 91-357, eff. 7-29-99; 91-716, eff. 10-1-00; | ||||||
24 | 92-458, eff.
8-22-01.)
| ||||||
25 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||
26 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
27 | Hardship cases.
| ||||||
28 | (a) Except as provided in this Section, the Secretary of | ||||||
29 | State shall
immediately revoke the license, permit, or driving | ||||||
30 | privileges of
any driver upon receiving a
report of the | ||||||
31 | driver's conviction of any of the following offenses:
| ||||||
32 | 1. Reckless homicide resulting from the operation of a | ||||||
33 | motor vehicle;
| ||||||
34 | 2. Violation of Section 11-501 of this Code or a | ||||||
35 | similar provision of
a local ordinance relating to the |
| |||||||
|
|||||||
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 arising from
the use of a motor vehicle;
| ||||||
25 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
26 | to aggravated
fleeing or attempting to elude a peace | ||||||
27 | officer;
| ||||||
28 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
29 | Section 6-507,
or a similar law of any other state, | ||||||
30 | relating to the
unlawful operation of a commercial motor | ||||||
31 | vehicle;
| ||||||
32 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
33 | this Code or a
similar provision of a local ordinance if | ||||||
34 | the driver has been previously
convicted of a violation of | ||||||
35 | that Section or a similar provision of a local
ordinance | ||||||
36 | and the driver was less than 21 years of age at the time of |
| |||||||
|
|||||||
1 | the
offense ; .
| ||||||
2 | 14. Conviction upon 2 charges of violation of Section | ||||||
3 | 11-503.5 of this
Code relating to the offense of road rage | ||||||
4 | committed within a period of 12
months.
| ||||||
5 | (b) The Secretary of State shall also immediately revoke | ||||||
6 | the license
or permit of any driver in the following | ||||||
7 | situations:
| ||||||
8 | 1. Of any minor upon receiving the notice provided for | ||||||
9 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
10 | minor has been
adjudicated under that Act as having | ||||||
11 | committed an offense relating to
motor vehicles prescribed | ||||||
12 | in Section 4-103 of this Code;
| ||||||
13 | 2. Of any person when any other law of this State | ||||||
14 | requires either the
revocation or suspension of a license | ||||||
15 | or permit.
| ||||||
16 | (c) Whenever a person is convicted of any of the offenses | ||||||
17 | enumerated in
this Section, the court may recommend and the | ||||||
18 | Secretary of State in his
discretion, without regard to whether | ||||||
19 | the recommendation is made by the
court may, upon application,
| ||||||
20 | issue to the person a
restricted driving permit granting the | ||||||
21 | privilege of driving a motor
vehicle between the petitioner's | ||||||
22 | residence and petitioner's place
of employment or within the | ||||||
23 | scope of the petitioner's employment related
duties, or to | ||||||
24 | allow transportation for the petitioner or a household member
| ||||||
25 | of the petitioner's family for the receipt of necessary medical | ||||||
26 | care or, if
the professional evaluation indicates, provide | ||||||
27 | transportation for the
petitioner for alcohol remedial or | ||||||
28 | rehabilitative activity, or for the
petitioner to attend | ||||||
29 | classes, as a student, in an accredited educational
| ||||||
30 | institution; if the petitioner is able to demonstrate that no | ||||||
31 | alternative means
of transportation is reasonably available | ||||||
32 | and the petitioner will not endanger
the public safety or | ||||||
33 | welfare; provided that the Secretary's discretion shall be
| ||||||
34 | limited to cases where undue hardship would result from a | ||||||
35 | failure to issue the
restricted driving permit.
| ||||||
36 | If a person's license or permit has been revoked or |
| |||||||
|
|||||||
1 | suspended due to 2 or
more convictions of violating Section | ||||||
2 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
3 | or a similar out-of-state offense, arising out
of separate | ||||||
4 | occurrences, that person, if issued a restricted driving | ||||||
5 | permit,
may not operate a vehicle unless it has been equipped | ||||||
6 | with an ignition
interlock device as defined in Section | ||||||
7 | 1-129.1.
| ||||||
8 | If a person's license or permit has been revoked or | ||||||
9 | suspended 2 or more
times within a 10 year period due to a | ||||||
10 | single conviction of violating Section
11-501 of this Code or a | ||||||
11 | similar provision of a local ordinance or a similar
| ||||||
12 | out-of-state offense, and a statutory summary suspension under | ||||||
13 | Section
11-501.1, or 2 or more statutory summary suspensions, | ||||||
14 | or combination of 2
offenses, or of an offense and a statutory | ||||||
15 | summary suspension, arising out of
separate occurrences, that | ||||||
16 | person, if issued a restricted
driving permit, may not operate | ||||||
17 | a vehicle unless it has been equipped with an
ignition | ||||||
18 | interlock device as defined in Section 1-129.1.
The person must | ||||||
19 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
20 | not to exceed $20 per month. The Secretary shall establish by | ||||||
21 | rule the amount
and the procedures, terms, and conditions | ||||||
22 | relating to these fees.
If the restricted driving permit was | ||||||
23 | issued for employment purposes, then
this provision does not | ||||||
24 | apply to the operation of an occupational vehicle
owned or | ||||||
25 | leased by that person's employer.
In each case the Secretary of | ||||||
26 | State may issue a
restricted driving permit for a period he | ||||||
27 | deems appropriate, except that the
permit shall expire within | ||||||
28 | one year from the date of issuance. The Secretary
may not, | ||||||
29 | however, issue a restricted driving permit to any person whose | ||||||
30 | current
revocation is the result of a second or subsequent | ||||||
31 | conviction for a violation
of Section 11-501 of this Code or a | ||||||
32 | similar provision of a local ordinance
relating to the offense | ||||||
33 | of operating or being in physical control of a motor
vehicle | ||||||
34 | while under the influence of alcohol, other drug or drugs, | ||||||
35 | intoxicating
compound or compounds, or any similar | ||||||
36 | out-of-state offense, or any combination
thereof, until the |
| |||||||
|
|||||||
1 | expiration of at least one year from the date of the
| ||||||
2 | revocation. 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 be | ||||||
6 | cancelled, revoked, or
suspended; except that a conviction upon | ||||||
7 | one or more offenses against laws or
ordinances regulating the | ||||||
8 | movement of traffic shall be deemed sufficient cause
for the | ||||||
9 | revocation, suspension, or cancellation of a restricted | ||||||
10 | driving permit.
The Secretary of State may, as a condition to | ||||||
11 | the issuance of a restricted
driving permit, require the | ||||||
12 | applicant to participate in a designated driver
remedial or | ||||||
13 | rehabilitative program. The Secretary of State is authorized to
| ||||||
14 | cancel a restricted driving permit if the permit holder does | ||||||
15 | not successfully
complete the program. However, if an | ||||||
16 | individual's driving privileges have been
revoked in | ||||||
17 | accordance with paragraph 13 of subsection (a) of this Section, | ||||||
18 | no
restricted driving permit shall be issued until the | ||||||
19 | individual has served 6
months of the revocation period.
| ||||||
20 | (d) Whenever a person under the age of 21 is convicted | ||||||
21 | under Section
11-501 of this Code or a similar provision of a | ||||||
22 | local ordinance, the
Secretary of State shall revoke the | ||||||
23 | driving privileges of that person. One
year after the date of | ||||||
24 | revocation, and upon application, the Secretary of
State may, | ||||||
25 | if satisfied that the person applying will not endanger the
| ||||||
26 | public safety or welfare, issue a restricted driving permit | ||||||
27 | granting the
privilege of driving a motor vehicle only between | ||||||
28 | the hours of 5 a.m. and 9
p.m. or as otherwise provided by this | ||||||
29 | Section for a period of one year.
After this one year period, | ||||||
30 | and upon reapplication for a license as
provided in Section | ||||||
31 | 6-106, upon payment of the appropriate reinstatement
fee | ||||||
32 | provided under paragraph (b) of Section 6-118, the Secretary of | ||||||
33 | State,
in his discretion, may
issue the applicant a
license, or | ||||||
34 | extend the restricted driving permit as many times as the
| ||||||
35 | Secretary of State deems appropriate, by additional periods of | ||||||
36 | not more than
12 months each, until the applicant attains 21 |
| |||||||
|
|||||||
1 | years of age.
| ||||||
2 | If a person's license or permit has been revoked or | ||||||
3 | suspended due to 2 or
more convictions of violating Section | ||||||
4 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
5 | or a similar out-of-state offense, arising out
of separate | ||||||
6 | occurrences, that person, if issued a restricted driving | ||||||
7 | permit,
may not operate a vehicle unless it has been equipped | ||||||
8 | with an ignition
interlock device as defined in Section | ||||||
9 | 1-129.1.
| ||||||
10 | If a person's license or permit has been revoked or | ||||||
11 | suspended 2 or more times
within a 10 year period due to a | ||||||
12 | single conviction of violating Section 11-501
of this
Code or a | ||||||
13 | similar provision of a local ordinance or a similar | ||||||
14 | out-of-state
offense, and
a statutory summary suspension under | ||||||
15 | Section 11-501.1, or 2 or more statutory
summary
suspensions, | ||||||
16 | or combination of 2 offenses, or of an offense and a statutory
| ||||||
17 | summary
suspension, arising out of separate occurrences, that | ||||||
18 | person, if issued a
restricted
driving permit, may not operate | ||||||
19 | a vehicle unless it has been equipped with an
ignition | ||||||
20 | interlock device as defined in Section 1-129.1.
The person must | ||||||
21 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
22 | not to exceed $20 per month. The Secretary shall establish by | ||||||
23 | rule the amount
and the procedures, terms, and conditions | ||||||
24 | relating to these fees.
If the restricted driving permit was | ||||||
25 | issued for employment purposes, then
this provision does not | ||||||
26 | apply to the operation of an occupational vehicle
owned or | ||||||
27 | leased by that person's employer. A
restricted driving permit | ||||||
28 | issued under this Section shall be subject to
cancellation, | ||||||
29 | revocation, and suspension by the Secretary of State in like
| ||||||
30 | manner and for like cause as a driver's license issued under | ||||||
31 | this Code may be
cancelled, revoked, or suspended; except that | ||||||
32 | a conviction upon one or more
offenses against laws or | ||||||
33 | ordinances regulating the movement of traffic
shall be deemed | ||||||
34 | sufficient cause for the revocation, suspension, or
| ||||||
35 | cancellation of a restricted driving permit.
The revocation | ||||||
36 | periods contained in this subparagraph shall apply to similar
|
| |||||||
|
|||||||
1 | out-of-state convictions.
| ||||||
2 | (e) This Section is subject to the provisions of the Driver | ||||||
3 | License
Compact.
| ||||||
4 | (f) Any revocation imposed upon any person under | ||||||
5 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
6 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
7 | period of time.
| ||||||
8 | (g) The Secretary of State shall not issue a restricted | ||||||
9 | driving permit to
a person under the age of 16 years whose | ||||||
10 | driving privileges have been revoked
under any provisions of | ||||||
11 | this Code.
| ||||||
12 | (h) The Secretary of State shall require the use of | ||||||
13 | ignition interlock
devices on all vehicles owned by an | ||||||
14 | individual who has been convicted of a
second or subsequent | ||||||
15 | offense under Section 11-501 of this Code or a similar
| ||||||
16 | provision of a local ordinance. The Secretary shall establish | ||||||
17 | by rule and
regulation the procedures for certification and use | ||||||
18 | of the interlock
system.
| ||||||
19 | (i) The Secretary of State may not issue a restricted | ||||||
20 | driving permit for
a period of one year after a second or | ||||||
21 | subsequent revocation of driving
privileges under clause | ||||||
22 | (a)(2) of this Section; however, one
year after the date of a | ||||||
23 | second or subsequent revocation of driving privileges
under | ||||||
24 | clause (a)(2) of this Section, the Secretary of State may,
upon | ||||||
25 | application, issue a restricted driving permit under the terms | ||||||
26 | and
conditions of subsection (c).
| ||||||
27 | (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; | ||||||
28 | 92-651, eff.
7-11-02; 92-834, eff. 8-22-02; 93-120, eff. | ||||||
29 | 1-1-04.)
| ||||||
30 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||||||
31 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
32 | license or
permit; Right to a hearing.
| ||||||
33 | (a) The Secretary of State is authorized to suspend or | ||||||
34 | revoke the
driving privileges of any person without preliminary | ||||||
35 | hearing upon a showing
of the person's records or other |
| |||||||
|
|||||||
1 | sufficient evidence that
the person:
| ||||||
2 | 1. Has committed an offense for which mandatory | ||||||
3 | revocation of
a driver's license or permit is required upon | ||||||
4 | conviction;
| ||||||
5 | 2. Has been convicted of not less than 3 offenses | ||||||
6 | against traffic
regulations governing the movement of | ||||||
7 | vehicles committed within any 12
month period. No | ||||||
8 | revocation or suspension shall be entered more than
6 | ||||||
9 | months after the date of last conviction;
| ||||||
10 | 3. Has been repeatedly involved as a driver in motor | ||||||
11 | vehicle
collisions or has been repeatedly convicted of | ||||||
12 | offenses against laws and
ordinances regulating the | ||||||
13 | movement of traffic, to a degree that
indicates lack of | ||||||
14 | ability to exercise ordinary and reasonable care in
the | ||||||
15 | safe operation of a motor vehicle or disrespect for the | ||||||
16 | traffic laws
and the safety of other persons upon the | ||||||
17 | highway;
| ||||||
18 | 4. Has by the unlawful operation of a motor vehicle | ||||||
19 | caused or
contributed to an accident resulting in death or | ||||||
20 | injury requiring
immediate professional treatment in a | ||||||
21 | medical facility or doctor's office
to any person, except | ||||||
22 | that any suspension or revocation imposed by the
Secretary | ||||||
23 | of State under the provisions of this subsection shall | ||||||
24 | start no
later than 6 months after being convicted of | ||||||
25 | violating a law or
ordinance regulating the movement of | ||||||
26 | traffic, which violation is related
to the accident, or | ||||||
27 | shall start not more than one year
after
the date of the | ||||||
28 | accident, whichever date occurs later;
| ||||||
29 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
30 | driver's
license, identification card, or permit;
| ||||||
31 | 6. Has been lawfully convicted of an offense or | ||||||
32 | offenses in another
state, including the authorization | ||||||
33 | contained in Section 6-203.1, which
if committed within | ||||||
34 | this State would be grounds for suspension or revocation;
| ||||||
35 | 7. Has refused or failed to submit to an examination | ||||||
36 | provided for by
Section 6-207 or has failed to pass the |
| |||||||
|
|||||||
1 | examination;
| ||||||
2 | 8. Is ineligible for a driver's license or permit under | ||||||
3 | the provisions
of Section 6-103;
| ||||||
4 | 9. Has made a false statement or knowingly concealed a | ||||||
5 | material fact
or has used false information or | ||||||
6 | identification in any application for a
license, | ||||||
7 | identification card, or permit;
| ||||||
8 | 10. Has possessed, displayed, or attempted to | ||||||
9 | fraudulently use any
license, identification card, or | ||||||
10 | permit not issued to the person;
| ||||||
11 | 11. Has operated a motor vehicle upon a highway of this | ||||||
12 | State when
the person's driving privilege or privilege to | ||||||
13 | obtain a driver's license
or permit was revoked or | ||||||
14 | suspended unless the operation was authorized by
a judicial | ||||||
15 | driving permit, probationary license to drive, or a | ||||||
16 | restricted
driving permit issued under this Code;
| ||||||
17 | 12. Has submitted to any portion of the application | ||||||
18 | process for
another person or has obtained the services of | ||||||
19 | another person to submit to
any portion of the application | ||||||
20 | process for the purpose of obtaining a
license, | ||||||
21 | identification card, or permit for some other person;
| ||||||
22 | 13. Has operated a motor vehicle upon a highway of this | ||||||
23 | State when
the person's driver's license or permit was | ||||||
24 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
25 | 14. Has committed a violation of Section 6-301, | ||||||
26 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
27 | of the Illinois Identification Card
Act;
| ||||||
28 | 15. Has been convicted of violating Section 21-2 of the | ||||||
29 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
30 | vehicles in which case, the suspension
shall be for one | ||||||
31 | year;
| ||||||
32 | 16. Has been convicted of violating Section 11-204 of | ||||||
33 | this Code relating
to fleeing from a peace officer;
| ||||||
34 | 17. Has refused to submit to a test, or tests, as | ||||||
35 | required under Section
11-501.1 of this Code and the person | ||||||
36 | has not sought a hearing as
provided for in Section |
| |||||||
|
|||||||
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 relating
to unlawful use of | ||||||
17 | weapons, in which case the suspension shall be for one
| ||||||
18 | 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 | ||||||
27 | similar to an offense specified under Section 6-205 or | ||||||
28 | 6-206 of
this Code;
| ||||||
29 | 25. Has permitted any form of identification to be used | ||||||
30 | by another in
the application process in order to obtain or | ||||||
31 | attempt to obtain a license,
identification card, or | ||||||
32 | permit;
| ||||||
33 | 26. Has altered or attempted to alter a license or has | ||||||
34 | possessed an
altered license, identification card, or | ||||||
35 | permit;
| ||||||
36 | 27. Has violated Section 6-16 of the Liquor Control Act |
| |||||||
|
|||||||
1 | of 1934;
| ||||||
2 | 28. Has been convicted of the illegal possession, while | ||||||
3 | operating or
in actual physical control, as a driver, of a | ||||||
4 | motor vehicle, of any
controlled substance prohibited | ||||||
5 | under the Illinois Controlled Substances
Act or any | ||||||
6 | cannabis prohibited under the provisions of the Cannabis | ||||||
7 | Control
Act, in which case the person's driving privileges | ||||||
8 | shall be suspended for
one year, and any driver who is | ||||||
9 | convicted of a second or subsequent
offense, within 5 years | ||||||
10 | of a previous conviction, for the illegal
possession, while | ||||||
11 | operating or in actual physical control, as a driver, of
a | ||||||
12 | motor vehicle, of any controlled substance prohibited | ||||||
13 | under the
provisions of the Illinois Controlled Substances | ||||||
14 | Act or any cannabis
prohibited under the Cannabis Control | ||||||
15 | Act shall be suspended for 5 years.
Any defendant found | ||||||
16 | guilty of this offense while operating a motor vehicle,
| ||||||
17 | shall have an entry made in the court record by the | ||||||
18 | presiding judge that
this offense did occur while the | ||||||
19 | defendant was operating a motor vehicle
and order the clerk | ||||||
20 | of the court to report the violation to the Secretary
of | ||||||
21 | State;
| ||||||
22 | 29. Has been convicted of the following offenses that | ||||||
23 | were committed
while the person was operating or in actual | ||||||
24 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
25 | sexual assault,
predatory criminal sexual assault of a | ||||||
26 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
27 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
28 | soliciting for a juvenile prostitute and the manufacture, | ||||||
29 | sale or
delivery of controlled substances or instruments | ||||||
30 | used for illegal drug use
or abuse in which case the | ||||||
31 | driver's driving privileges shall be suspended
for one | ||||||
32 | year;
| ||||||
33 | 30. Has been convicted a second or subsequent time for | ||||||
34 | any
combination of the offenses named in paragraph 29 of | ||||||
35 | this subsection,
in which case the person's driving | ||||||
36 | privileges shall be suspended for 5
years;
|
| |||||||
|
|||||||
1 | 31. Has refused to submit to a test as
required by | ||||||
2 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
3 | alcohol concentration of 0.08 or more or any amount of a | ||||||
4 | drug, substance, or
compound resulting from the unlawful | ||||||
5 | use or consumption of cannabis as listed
in the Cannabis | ||||||
6 | Control Act, a controlled substance as listed in the | ||||||
7 | Illinois
Controlled Substances Act, or an intoxicating | ||||||
8 | compound as listed in the Use of
Intoxicating Compounds | ||||||
9 | Act, in which case the penalty shall be
as prescribed in | ||||||
10 | Section 6-208.1;
| ||||||
11 | 32. Has been convicted of Section 24-1.2 of the | ||||||
12 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
13 | of a firearm if the offender was
located in a motor vehicle | ||||||
14 | at the time the firearm was discharged, in which
case the | ||||||
15 | suspension shall be for 3 years;
| ||||||
16 | 33. Has as a driver, who was less than 21 years of age | ||||||
17 | on the date of
the offense, been convicted a first time of | ||||||
18 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
19 | or a similar provision of a local ordinance;
| ||||||
20 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
21 | this Code;
| ||||||
22 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
23 | this Code;
| ||||||
24 | 36. Is under the age of 21 years at the time of arrest | ||||||
25 | and has been
convicted of not less than 2 offenses against | ||||||
26 | traffic regulations governing
the movement of vehicles | ||||||
27 | committed within any 24 month period. No revocation
or | ||||||
28 | suspension shall be entered more than 6 months after the | ||||||
29 | date of last
conviction;
| ||||||
30 | 37. Has committed a violation of subsection (c) of | ||||||
31 | Section 11-907 of this
Code;
| ||||||
32 | 38. Has been convicted of a violation of Section 6-20 | ||||||
33 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
34 | a local ordinance; or
| ||||||
35 | 39. Has committed a second or subsequent violation of | ||||||
36 | Section
11-1201 of this Code ;
.
|
| |||||||
|
|||||||
1 | (40) Has been convicted of violating Section 11-503 of | ||||||
2 | this Code relating to reckless driving;
| ||||||
3 | (41) Has been convicted of violating section 11-503.5 | ||||||
4 | of this Code relating to road rage; or
| ||||||
5 | (42) Has been convicted of violating section 11-503.6 | ||||||
6 | of this Code relating to aggressive driving.
| ||||||
7 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
8 | and 27 of this
subsection, license means any driver's license, | ||||||
9 | any traffic ticket issued when
the person's driver's license is | ||||||
10 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
11 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
12 | a probationary driver's license or a temporary driver's | ||||||
13 | license.
| ||||||
14 | (b) If any conviction forming the basis of a suspension or
| ||||||
15 | revocation authorized under this Section is appealed, the
| ||||||
16 | Secretary of State may rescind or withhold the entry of the | ||||||
17 | order of suspension
or revocation, as the case may be, provided | ||||||
18 | that a certified copy of a stay
order of a court is filed with | ||||||
19 | the Secretary of State. If the conviction is
affirmed on | ||||||
20 | appeal, the date of the conviction shall relate back to the | ||||||
21 | time
the original judgment of conviction was entered and the 6 | ||||||
22 | month limitation
prescribed shall not apply.
| ||||||
23 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
24 | permit of
any person as authorized in this Section, the | ||||||
25 | Secretary of State shall
immediately notify the person in | ||||||
26 | writing of the revocation or suspension.
The notice to be | ||||||
27 | deposited in the United States mail, postage prepaid,
to | ||||||
28 | the last known address of the person.
| ||||||
29 | 2. If the Secretary of State suspends the driver's | ||||||
30 | license
of a person under subsection 2 of paragraph (a) of | ||||||
31 | this Section, a
person's privilege to operate a vehicle as | ||||||
32 | an occupation shall not be
suspended, provided an affidavit | ||||||
33 | is properly completed, the appropriate fee
received, and a | ||||||
34 | permit issued prior to the effective date of the
| ||||||
35 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
36 | which occurred
while operating a commercial vehicle in |
| |||||||
|
|||||||
1 | connection with the driver's
regular occupation. All other | ||||||
2 | driving privileges shall be suspended by the
Secretary of | ||||||
3 | State. Any driver prior to operating a vehicle for
| ||||||
4 | occupational purposes only must submit the affidavit on | ||||||
5 | forms to be
provided by the Secretary of State setting | ||||||
6 | forth the facts of the person's
occupation. The affidavit | ||||||
7 | shall also state the number of offenses
committed while | ||||||
8 | operating a vehicle in connection with the driver's regular
| ||||||
9 | occupation. The affidavit shall be accompanied by the | ||||||
10 | driver's license.
Upon receipt of a properly completed | ||||||
11 | affidavit, the Secretary of State
shall issue the driver a | ||||||
12 | permit to operate a vehicle in connection with the
driver's | ||||||
13 | regular occupation only. Unless the permit is issued by the
| ||||||
14 | Secretary of State prior to the date of suspension, the | ||||||
15 | privilege to drive
any motor vehicle shall be suspended as | ||||||
16 | set forth in the notice that was
mailed under this Section. | ||||||
17 | If an affidavit is received subsequent to the
effective | ||||||
18 | date of this suspension, a permit may be issued for the | ||||||
19 | remainder
of the suspension period.
| ||||||
20 | The provisions of this subparagraph shall not apply to | ||||||
21 | any driver
required to obtain a commercial driver's license | ||||||
22 | under Section 6-507 during
the period of a disqualification | ||||||
23 | of commercial driving privileges under
Section 6-514.
| ||||||
24 | Any person who falsely states any fact in the affidavit | ||||||
25 | required
herein shall be guilty of perjury under Section | ||||||
26 | 6-302 and upon conviction
thereof shall have all driving | ||||||
27 | privileges revoked without further rights.
| ||||||
28 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
29 | of this Code,
the Secretary of State shall either rescind | ||||||
30 | or continue an order of
revocation or shall substitute an | ||||||
31 | order of suspension; or, good
cause appearing therefor, | ||||||
32 | rescind, continue, change, or extend the
order of | ||||||
33 | suspension. If the Secretary of State does not rescind the | ||||||
34 | order,
the Secretary may upon application,
to relieve undue | ||||||
35 | hardship, issue
a restricted driving permit granting the | ||||||
36 | privilege of driving a motor
vehicle between the |
| |||||||
|
|||||||
1 | petitioner's residence and petitioner's place of
| ||||||
2 | employment or within the scope of his employment related | ||||||
3 | duties, or to
allow transportation for the petitioner, or a | ||||||
4 | household member of the
petitioner's family, to receive | ||||||
5 | necessary medical care and if the
professional evaluation | ||||||
6 | indicates, provide transportation for alcohol
remedial or | ||||||
7 | rehabilitative activity, or for the petitioner to attend
| ||||||
8 | classes, as a student, in an accredited educational | ||||||
9 | institution; if the
petitioner is able to demonstrate that | ||||||
10 | no alternative means of
transportation is reasonably | ||||||
11 | available and the petitioner will not endanger
the public | ||||||
12 | safety or welfare.
| ||||||
13 | If a person's license or permit has been revoked or | ||||||
14 | suspended due to 2
or more convictions of violating Section | ||||||
15 | 11-501 of this Code or a similar
provision of a local | ||||||
16 | ordinance or a similar out-of-state offense, arising out
of | ||||||
17 | separate occurrences, that person, if issued a restricted | ||||||
18 | driving permit,
may not operate a vehicle unless it has | ||||||
19 | been equipped with an ignition
interlock device as defined | ||||||
20 | in Section 1-129.1.
| ||||||
21 | If a person's license or permit has been revoked or | ||||||
22 | suspended 2 or more
times within a 10 year period due to a | ||||||
23 | single conviction of violating Section
11-501 of this Code | ||||||
24 | or a similar provision of a local ordinance or a similar
| ||||||
25 | out-of-state offense, and a statutory summary suspension | ||||||
26 | under Section
11-501.1, or 2 or more statutory summary | ||||||
27 | suspensions, or combination of 2
offenses, or of an offense | ||||||
28 | and a statutory summary suspension, arising out of
separate | ||||||
29 | occurrences, that person, if issued a restricted driving | ||||||
30 | permit, may
not operate a vehicle unless it has been
| ||||||
31 | equipped with an ignition interlock device as defined in | ||||||
32 | Section 1-129.1.
The person must pay to the Secretary of | ||||||
33 | State DUI Administration Fund an amount
not to exceed $20 | ||||||
34 | per month. The Secretary shall establish by rule the amount
| ||||||
35 | and the procedures, terms, and conditions relating to these | ||||||
36 | fees. If the
restricted driving permit was issued for |
| |||||||
|
|||||||
1 | employment purposes, then this
provision does not apply to | ||||||
2 | the operation of an occupational vehicle owned or
leased by | ||||||
3 | that person's employer. In each case the Secretary may | ||||||
4 | issue a
restricted driving permit for a period deemed | ||||||
5 | appropriate, except that all
permits shall expire within | ||||||
6 | one year from the date of issuance. The Secretary
may not, | ||||||
7 | however, issue a restricted driving permit to any person | ||||||
8 | whose current
revocation is the result of a second or | ||||||
9 | subsequent conviction for a violation
of Section 11-501 of | ||||||
10 | this Code or a similar provision of a local ordinance
| ||||||
11 | relating to the offense of operating or being in physical | ||||||
12 | control of a motor
vehicle while under the influence of | ||||||
13 | alcohol, other drug or drugs, intoxicating
compound or | ||||||
14 | compounds, or any similar out-of-state offense, or any | ||||||
15 | combination
of those offenses, until the expiration of at | ||||||
16 | least one year from the date of
the revocation. A
| ||||||
17 | restricted driving permit issued under this Section shall | ||||||
18 | be subject to
cancellation, revocation, and suspension by | ||||||
19 | the Secretary of State in like
manner and for like cause as | ||||||
20 | a driver's license issued under this Code may be
cancelled, | ||||||
21 | revoked, or suspended; except that a conviction upon one or | ||||||
22 | more
offenses against laws or ordinances regulating the | ||||||
23 | movement of traffic
shall be deemed sufficient cause for | ||||||
24 | the revocation, suspension, or
cancellation of a | ||||||
25 | restricted driving permit. The Secretary of State may, as
a | ||||||
26 | condition to the issuance of a restricted driving permit, | ||||||
27 | require the
applicant to participate in a designated driver | ||||||
28 | remedial or rehabilitative
program. The Secretary of State | ||||||
29 | is authorized to cancel a restricted
driving permit if the | ||||||
30 | permit holder does not successfully complete the program.
| ||||||
31 | (c-5) The Secretary of State may, as a condition of the | ||||||
32 | reissuance of a
driver's license or permit to an applicant | ||||||
33 | whose driver's license or permit has
been suspended before he | ||||||
34 | or she reached the age of 18 years pursuant to any of
the | ||||||
35 | provisions of this Section, require the applicant to | ||||||
36 | participate in a
driver remedial education course and be |
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|
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1 | retested under Section 6-109 of this
Code.
| ||||||
2 | (d) This Section is subject to the provisions of the | ||||||
3 | Drivers License
Compact.
| ||||||
4 | (e) The Secretary of State shall not issue a restricted | ||||||
5 | driving permit to
a person under the age of 16 years whose | ||||||
6 | driving privileges have been suspended
or revoked under any | ||||||
7 | provisions of this Code.
| ||||||
8 | (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; | ||||||
9 | 92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. | ||||||
10 | 1-1-03; 92-814, eff. 1-1-03;
93-120, eff. 1-1-04.)
| ||||||
11 | (625 ILCS 5/11-503.5 new)
| ||||||
12 | Sec. 11-503.5. Road rage.
| ||||||
13 | (a) Any person who intentionally with malice uses any | ||||||
14 | vehicle in such an
unlawful manner as to endanger the bodily | ||||||
15 | safety or property of another driver,
bicyclist, or pedestrian | ||||||
16 | is guilty of road rage.
| ||||||
17 | (b) Road rage is a Class A misdemeanor, except as provided | ||||||
18 | in subsection (c)
of this Section.
| ||||||
19 | (c) (1) Every person convicted of committing a violation of | ||||||
20 | subsection (a)
of this Section is guilty of aggravated road | ||||||
21 | rage if the violation results in
great bodily harm or permanent | ||||||
22 | disfigurement to another.
| ||||||
23 | (2) Aggravated road rage is a Class 4 felony for which | ||||||
24 | the offender shall
be mandatorily sentenced to a minimum of
| ||||||
25 | 48 consecutive hours of imprisonment. This imprisonment | ||||||
26 | shall not be subject
to suspension, nor shall the offender | ||||||
27 | be eligible for probation in order to
reduce the sentence.
| ||||||
28 | (625 ILCS 5/11-503.6 new)
| ||||||
29 | Sec. 11-503.6. Aggressive driving.
| ||||||
30 | (a) Any person who operates any vehicle carelessly or | ||||||
31 | heedlessly without
watchful attention, concern, caution, or | ||||||
32 | regard for the rights or safety of
others, or in a manner that | ||||||
33 | endangers or is likely to endanger any property or
any person, | ||||||
34 | including the driver or passengers of the vehicle, is guilty of
|
| |||||||
|
|||||||
1 | aggressive driving.
| ||||||
2 | For the purpose of this Section "aggressive driving" means | ||||||
3 | operating
a motor vehicle carelessly or heedlessly in disregard | ||||||
4 | for
the rights of others or in a manner that endangers or is | ||||||
5 | likely to endanger
any property or any person, including the | ||||||
6 | driver or passengers of the vehicle
and committing any 3 or | ||||||
7 | more of the following different traffic
offenses:
11-709 | ||||||
8 | improper lane usage; 11-704 improper overtaking
on the right; | ||||||
9 | 11-709.1 improper driving on the shoulder; 11-710 following too
| ||||||
10 | closely; 11-203 disobeying a police officer; 11-305 disobeying | ||||||
11 | a traffic
control device; 11-306 disobeying a traffic control | ||||||
12 | signal; 11-504 drag racing;
11-601 speeding; 11-605 speeding in | ||||||
13 | a school zone or highway
construction/maintenance zone; 11-701 | ||||||
14 | driving on the wrong side of the roadway;
11-707 disobeying a | ||||||
15 | no-passing zone; 11-802 improper U turn; 11-804 failure to
| ||||||
16 | signal when required (turning or stopping); 11-904 failure to | ||||||
17 | yield; 11-1002
failure to yield to a pedestrian; 11-1201 | ||||||
18 | disobeying a railroad crossing
signal; or 11-1204 disobeyed | ||||||
19 | stop or yield sign.
| ||||||
20 | (b) Sentence. Any person convicted of aggressive driving is | ||||||
21 | guilty of a
Class B misdemeanor. A second or subsequent | ||||||
22 | commission of the offense of
aggressive driving is a Class A | ||||||
23 | misdemeanor.
| ||||||
24 | Section 99. Effective date. This Act takes effect January | ||||||
25 | 1, 2005.
|