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1 | AN ACT concerning driving violations.
| |||||||||||||||||||||||||||||||||||||||
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 6-113,
6-118, 6-203.1, 6-206, 6-206.1, 6-208.1, | |||||||||||||||||||||||||||||||||||||||
6 | 6-303, 11-500, 11-501 and adding Section
11-501.9 as follows:
| |||||||||||||||||||||||||||||||||||||||
7 | (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
| |||||||||||||||||||||||||||||||||||||||
8 | Sec. 6-113. Restricted licenses and permits.
| |||||||||||||||||||||||||||||||||||||||
9 | (a) The Secretary of
State upon issuing a drivers license | |||||||||||||||||||||||||||||||||||||||
10 | or permit shall have the authority
whenever good cause appears | |||||||||||||||||||||||||||||||||||||||
11 | to impose restrictions suitable to the
licensee's driving | |||||||||||||||||||||||||||||||||||||||
12 | ability with respect to the type of, or special
mechanical | |||||||||||||||||||||||||||||||||||||||
13 | control devices required on, a motor vehicle which the
licensee | |||||||||||||||||||||||||||||||||||||||
14 | may operate or such other restrictions applicable to the
| |||||||||||||||||||||||||||||||||||||||
15 | licensee as the Secretary of State may determine to be | |||||||||||||||||||||||||||||||||||||||
16 | appropriate to
assure the safe operation of a motor vehicle by | |||||||||||||||||||||||||||||||||||||||
17 | the licensee.
| |||||||||||||||||||||||||||||||||||||||
18 | (b) The Secretary of State may either issue a special | |||||||||||||||||||||||||||||||||||||||
19 | restricted
license or permit or may set forth such restrictions | |||||||||||||||||||||||||||||||||||||||
20 | upon the usual
license or permit form.
| |||||||||||||||||||||||||||||||||||||||
21 | (c) The Secretary of State may issue a probationary license | |||||||||||||||||||||||||||||||||||||||
22 | to a person
whose driving privileges have been suspended | |||||||||||||||||||||||||||||||||||||||
23 | pursuant to subsection (d) of this
Section or subsections | |||||||||||||||||||||||||||||||||||||||
24 | (a)(2), (a)(19) and (a)(20) of Section 6-206 of this
Code. The | |||||||||||||||||||||||||||||||||||||||
25 | Secretary of State shall promulgate rules pursuant to The
| |||||||||||||||||||||||||||||||||||||||
26 | Illinois Administrative Procedure Act, setting forth the | |||||||||||||||||||||||||||||||||||||||
27 | conditions and
criteria for the issuance and cancellation of | |||||||||||||||||||||||||||||||||||||||
28 | probationary licenses.
| |||||||||||||||||||||||||||||||||||||||
29 | (d) The Secretary of State may upon receiving satisfactory | |||||||||||||||||||||||||||||||||||||||
30 | evidence
of any violation of the restrictions of such license | |||||||||||||||||||||||||||||||||||||||
31 | or permit suspend,
revoke or cancel the same without | |||||||||||||||||||||||||||||||||||||||
32 | preliminary hearing, but the licensee or
permittee shall be |
| |||||||
| |||||||
1 | entitled to a hearing as in the case of a suspension
or | ||||||
2 | revocation.
| ||||||
3 | (e) It is unlawful for any person to operate a motor | ||||||
4 | vehicle in any
manner in violation of the restrictions imposed | ||||||
5 | on a restricted license
or permit issued to him.
| ||||||
6 | (f) Whenever the holder of a restricted driving permit is | ||||||
7 | issued a citation
for any of the following offenses including | ||||||
8 | similar local ordinances, the
restricted driving permit is | ||||||
9 | immediately invalidated:
| ||||||
10 | 1. Reckless homicide resulting from the operation of a | ||||||
11 | motor vehicle;
| ||||||
12 | 2. Violation of Section 11-501 of this Act relating to | ||||||
13 | the operation of
a motor vehicle while under the influence | ||||||
14 | of intoxicating liquor or narcotic
drugs;
| ||||||
15 | 3. Violation of Section 11-401 of this Act relating to | ||||||
16 | the offense of
leaving the scene of a traffic accident | ||||||
17 | involving death or injury; or
| ||||||
18 | 4. Violation of Section 11-504 of this Act relating to | ||||||
19 | the offense of drag
racing;
| ||||||
20 | The police officer issuing the citation shall confiscate | ||||||
21 | the restricted
driving permit and forward it, along with the | ||||||
22 | citation, to the Clerk of
the Circuit Court of the county in | ||||||
23 | which the citation was issued.
| ||||||
24 | (g) The Secretary of State may issue a special restricted
| ||||||
25 | license for a period of 12 months to individuals using vision | ||||||
26 | aid
arrangements other than standard eyeglasses or contact | ||||||
27 | lenses,
allowing the operation of a motor vehicle during | ||||||
28 | nighttime hours.
The Secretary of State shall adopt rules | ||||||
29 | defining the terms and
conditions by which the individual may | ||||||
30 | obtain and renew this
special restricted license. At a minimum, | ||||||
31 | all drivers must meet
the following requirements:
| ||||||
32 | 1. Possess a valid driver's license and have operated a
| ||||||
33 | motor vehicle during daylight hours for a period of 12 | ||||||
34 | months
using vision aid arrangements other than standard | ||||||
35 | eyeglasses
or contact lenses.
| ||||||
36 | 2. Have a driving record that does not include any
|
| |||||||
| |||||||
1 | traffic accidents that occurred during nighttime hours, | ||||||
2 | for which the
driver has been found to be at fault, during | ||||||
3 | the 12 months before he or she
applied for the special | ||||||
4 | restricted license.
| ||||||
5 | 3. Successfully complete a road test administered | ||||||
6 | during
nighttime hours.
| ||||||
7 | At a minimum, all drivers renewing this license must meet | ||||||
8 | the
following requirements:
| ||||||
9 | 1. Successfully complete a road test administered | ||||||
10 | during
nighttime hours.
| ||||||
11 | 2. Have a driving record that does not include any
| ||||||
12 | traffic accidents that occurred during nighttime hours, | ||||||
13 | for which the
driver has been found to be at fault, during | ||||||
14 | the 12 months before he or she
applied for
the special | ||||||
15 | restricted license.
| ||||||
16 | (h) Any driver issued a special restricted license as | ||||||
17 | defined in
subsection (g) whose privilege to drive during | ||||||
18 | nighttime hours has been
suspended due to an accident occurring | ||||||
19 | during nighttime hours may request
a hearing as provided in | ||||||
20 | Section 2-118 of this Code to contest that suspension.
If it is
| ||||||
21 | determined that the accident for which the driver was at fault | ||||||
22 | was not
influenced by the driver's use of vision aid | ||||||
23 | arrangements other than standard
eyeglasses or contact lenses, | ||||||
24 | the Secretary may reinstate that driver's
privilege to drive | ||||||
25 | during nighttime hours.
| ||||||
26 | (i) Notwithstanding the provisions of Sections 6-208, | ||||||
27 | 6-208.1, and
6-208.2,
the Secretary of State may, 30 days after | ||||||
28 | the effective date of a suspension
pursuant to Section 6-208, | ||||||
29 | 6-208.1, or 6-208.2 and in accordance with any
rules the
| ||||||
30 | Secretary may promulgate, issue a restricted driving permit to | ||||||
31 | a person who has
applied for a restricted driver's permit and | ||||||
32 | who has consented to have, at his
or her expense, an ignition | ||||||
33 | interlock device installed in
his or her vehicle.
| ||||||
34 | (Source: P.A. 92-274, eff. 1-1-02.)
| ||||||
35 | (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
|
| |||||||
| |||||||
1 | Sec. 6-118. Fees.
| ||||||
2 | (a) The fee for licenses and permits under this
Article is | ||||||
3 | as follows:
| ||||||
4 | Original driver's license .................................$10
| ||||||
5 | Original or renewal driver's license
| ||||||
6 | issued to 18, 19 and 20 year olds .......................5
| ||||||
7 | All driver's licenses for persons
| ||||||
8 | age 69 through age 80 ...................................5
| ||||||
9 | All driver's licenses for persons
| ||||||
10 | age 81 through age 86 ...................................2
| ||||||
11 | All driver's licenses for persons
| ||||||
12 | age 87 or older .........................................0
| ||||||
13 | Renewal driver's license (except for
| ||||||
14 | applicants ages 18, 19 and 20 or
| ||||||
15 | age 69 and older) ......................................10
| ||||||
16 | Original instruction permit issued to
| ||||||
17 | persons (except those age 69 and older)
| ||||||
18 | who do not hold or have not previously
| ||||||
19 | held an Illinois instruction permit or
| ||||||
20 | driver's license .......................................20
| ||||||
21 | Instruction permit issued to any person
| ||||||
22 | holding an Illinois driver's license
| ||||||
23 | who wishes a change in classifications,
| ||||||
24 | other than at the time of renewal .......................5
| ||||||
25 | Any instruction permit issued to a person
| ||||||
26 | age 69 and older ........................................5
| ||||||
27 | Instruction permit issued to any person,
| ||||||
28 | under age 69, not currently holding a
| ||||||
29 | valid Illinois driver's license or
| ||||||
30 | instruction permit but who has
| ||||||
31 | previously been issued either document
| ||||||
32 | in Illinois ............................................10
| ||||||
33 | Restricted driving permit ...................................8
| ||||||
34 | Duplicate or corrected driver's license
| ||||||
35 | or permit ...............................................5
| ||||||
36 | Duplicate or corrected restricted
|
| |||||||
| |||||||
1 | driving permit ..........................................5
| ||||||
2 | Original or renewal M or L endorsement ......................5
| ||||||
3 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
| ||||||
4 | The fees for commercial driver licenses and permits | ||||||
5 | under Article V
shall be as follows:
| ||||||
6 | Commercial driver's license:
| ||||||
7 | $6 for the CDLIS/AAMVAnet Fund
| ||||||
8 | (Commercial Driver's License Information
| ||||||
9 | System/American Association of Motor Vehicle
| ||||||
10 | Administrators network Trust Fund);
| ||||||
11 | $20 for the Motor Carrier Safety Inspection Fund;
| ||||||
12 | $10 for the driver's license;
| ||||||
13 | and $24 for the CDL: ..................................$60
| ||||||
14 | Renewal commercial driver's license:
| ||||||
15 | $6 for the CDLIS/AAMVAnet Trust Fund;
| ||||||
16 | $20 for the Motor Carrier Safety Inspection Fund;
| ||||||
17 | $10 for the driver's license; and
| ||||||
18 | $24 for the CDL: ......................................$60
| ||||||
19 | Commercial driver instruction permit
| ||||||
20 | issued to any person holding a valid
| ||||||
21 | Illinois driver's license for the
| ||||||
22 | purpose of changing to a
| ||||||
23 | CDL classification: $6 for the
| ||||||
24 | CDLIS/AAMVAnet Trust Fund;
| ||||||
25 | $20 for the Motor Carrier
| ||||||
26 | Safety Inspection Fund; and
| ||||||
27 | $24 for the CDL classification ........................$50
| ||||||
28 | Commercial driver instruction permit
| ||||||
29 | issued to any person holding a valid
| ||||||
30 | Illinois CDL for the purpose of
| ||||||
31 | making a change in a classification,
| ||||||
32 | endorsement or restriction .............................$5
| ||||||
33 | CDL duplicate or corrected license .........................$5
| ||||||
34 | In order to ensure the proper implementation of the Uniform | ||||||
35 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
36 | Secretary of State is
empowered to pro-rate the $24 fee for the |
| |||||||
| |||||||
1 | commercial driver's license
proportionate to the expiration | ||||||
2 | date of the applicant's Illinois driver's
license.
| ||||||
3 | The fee for any duplicate license or permit shall be waived | ||||||
4 | for any
person age 60 or older who presents the Secretary of | ||||||
5 | State's office with a
police report showing that his license or | ||||||
6 | permit was stolen.
| ||||||
7 | No additional fee shall be charged for a driver's license, | ||||||
8 | or for a
commercial driver's license, when issued
to the holder | ||||||
9 | of an instruction permit for the same classification or
type of | ||||||
10 | license who becomes eligible for such
license.
| ||||||
11 | (b) Any person whose license or privilege to operate a | ||||||
12 | motor vehicle
in this State has been suspended or revoked under | ||||||
13 | any
provision of
Chapter 6, Chapter 11, or Section 7-205, | ||||||
14 | 7-303, or 7-702 of the Family
Financial
Responsibility Law of | ||||||
15 | this Code, shall in addition to any other
fees required by this | ||||||
16 | Code, pay a reinstatement fee as follows:
| ||||||
17 | Summary suspension under Section 11-501.1 .....$250
Other | ||||||
18 | suspension ................................................$70
| ||||||
19 | Revocation ...............................................$500
| ||||||
20 | However, any person whose license or privilege to operate a | ||||||
21 | motor vehicle
in this State has been suspended or revoked for a | ||||||
22 | second or subsequent time
for a violation of Section 11-501 or | ||||||
23 | 11-501.1
of this Code or a similar provision of a local | ||||||
24 | ordinance , a violation of
or a similar out-of-state offense
or
| ||||||
25 | Section 9-3 of the Criminal Code of 1961 , or a failure to | ||||||
26 | submit to a
chemical test or tests of blood, breath, or urine | ||||||
27 | pursuant to Section 11-501.1 or to a preliminary breath | ||||||
28 | screening test or a field sobriety test or tests pursuant to | ||||||
29 | Section 11-501.9 of this Code
and each suspension or revocation | ||||||
30 | was for a violation of Section 11-501 or
11-501.1 of this Code | ||||||
31 | or a similar provision of a local ordinance , a violation of
or
| ||||||
32 | a similar out-of-state offense
or Section
9-3 of the Criminal | ||||||
33 | Code of 1961 , a violation of any out-of-state offense similar | ||||||
34 | to any of the offenses listed in this subsection (b), or a | ||||||
35 | failure to submit to a chemical test or tests of blood, breath, | ||||||
36 | or urine pursuant to Section 11-501.1 or to a preliminary |
| |||||||
| |||||||
1 | breath screening test or a field sobriety test or tests | ||||||
2 | pursuant to Section 11-501.9 of this Code or similar provisions | ||||||
3 | of an out-of-state jurisdiction
shall pay, in addition to any | ||||||
4 | other
fees required by this Code, a
reinstatement
fee as | ||||||
5 | follows:
| ||||||
6 | Summary suspension under Section 11-501.1 or 11-501.9
...$500
| ||||||
7 | Revocation ...............................................$500
| ||||||
8 | (c) All fees collected under the provisions of this Chapter | ||||||
9 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
10 | as follows:
| ||||||
11 | 1. The following amounts shall be paid into the Driver | ||||||
12 | Education Fund:
| ||||||
13 | (A) $16 of the $20
fee for an original driver's | ||||||
14 | instruction permit;
| ||||||
15 | (B) $5 of the $20 fee for an original driver's | ||||||
16 | license;
| ||||||
17 | (C) $5 of the $20 fee for a 4 year renewal driver's | ||||||
18 | license;
and
| ||||||
19 | (D) $4 of the $8 fee for a restricted driving | ||||||
20 | permit.
| ||||||
21 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
22 | summarily suspended under Section 11-501.1 or 11-501.9
| ||||||
23 | shall be deposited into the
Drunk and Drugged Driving | ||||||
24 | Prevention Fund.
However, for a person whose license or | ||||||
25 | privilege to operate a motor vehicle
in this State has been | ||||||
26 | suspended or revoked for a second or subsequent time for
a | ||||||
27 | violation of Section 11-501 or 11-501.1 of this Code or a | ||||||
28 | similar provision of a local ordinance, a violation of
or
| ||||||
29 | Section 9-3 of the
Criminal Code of 1961,
a violation of | ||||||
30 | any out-of-state offense similar to any of the offenses | ||||||
31 | listed in this paragraph (2) of subsection (c), or a | ||||||
32 | failure to submit to a chemical test or tests of blood, | ||||||
33 | breath, or urine pursuant to Section 11-501.1 or to a | ||||||
34 | preliminary breath screening test or a field sobriety test | ||||||
35 | or tests pursuant to Section 11-501.9 of this Code or | ||||||
36 | similar provisions of an out-of-state jurisdiction, $190 |
| |||||||
| |||||||
1 | of the $500 fee for reinstatement of a license summarily
| ||||||
2 | suspended under
Section 11-501.1 or 11-501.9 ,
and $190 of | ||||||
3 | the $500 fee for reinstatement of a revoked license
shall | ||||||
4 | be deposited into the Drunk and Drugged Driving Prevention | ||||||
5 | Fund.
| ||||||
6 | 3. $6 of such original or renewal fee for a commercial | ||||||
7 | driver's
license and $6 of the commercial driver | ||||||
8 | instruction permit fee when such
permit is issued to any | ||||||
9 | person holding a valid Illinois driver's license,
shall be | ||||||
10 | paid into the CDLIS/AAMVAnet Trust Fund.
| ||||||
11 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
12 | suspended
under the
Family
Financial Responsibility Law | ||||||
13 | shall be paid into the Family Responsibility
Fund.
| ||||||
14 | 5. The $5 fee for each original or renewal M or L | ||||||
15 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
16 | Training Fund.
| ||||||
17 | 6. $20 of any original or renewal fee for a commercial | ||||||
18 | driver's
license or commercial driver instruction permit | ||||||
19 | shall be paid into the Motor
Carrier Safety Inspection | ||||||
20 | Fund.
| ||||||
21 | 7. The following amounts shall be paid into the General | ||||||
22 | Revenue Fund:
| ||||||
23 | (A) $190 of the $250 reinstatement fee for a | ||||||
24 | summary suspension under
Section 11-501.1;
| ||||||
25 | (B) $40 of the $70 reinstatement fee for any other | ||||||
26 | suspension provided
in subsection (b) of this Section; | ||||||
27 | and
| ||||||
28 | (C) $440 of the $500 reinstatement fee for a first | ||||||
29 | offense revocation
and $310 of the $500 reinstatement | ||||||
30 | fee for a second or subsequent revocation.
| ||||||
31 | (Source: P.A. 92-458, eff.
8-22-01; 93-32, eff. 1-1-04 .)
| ||||||
32 | (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
| ||||||
33 | Sec. 6-203.1. (a) The Secretary
of State is authorized to | ||||||
34 | suspend the
driving privileges of a person
persons :
| ||||||
35 | (1) arrested in another state for driving under
the |
| |||||||
| |||||||
1 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
2 | compound or
compounds, or any combination thereof, or a | ||||||
3 | similar
provision, and who has refused to submit to a | ||||||
4 | chemical test or
tests , or to a
preliminary breath | ||||||
5 | screening test or a field sobriety test or tests under
the | ||||||
6 | provisions of implied consent , or .
| ||||||
7 | (2) requested to submit to a
preliminary breath | ||||||
8 | screening test or a field sobriety test or tests in another
| ||||||
9 | state under provisions of implied
consent and who has | ||||||
10 | refused to submit to the test or tests.
| ||||||
11 | (b) When a driving privilege has been suspended for a | ||||||
12 | refusal as
provided in paragraph (a) and the person is | ||||||
13 | subsequently convicted of the
underlying charge, for the same | ||||||
14 | incident, any period served on suspension
shall be credited | ||||||
15 | toward the minimum period of revocation of driving
privileges | ||||||
16 | imposed pursuant to Section 6-206.
| ||||||
17 | (Source: P.A. 90-779, eff. 1-1-99.)
| ||||||
18 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||||||
19 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
20 | license or
permit; Right to a hearing.
| ||||||
21 | (a) The Secretary of State is authorized to suspend or | ||||||
22 | revoke the
driving privileges of any person without preliminary | ||||||
23 | hearing upon a showing
of the person's records or other | ||||||
24 | sufficient evidence that
the person:
| ||||||
25 | 1. Has committed an offense for which mandatory | ||||||
26 | revocation of
a driver's license or permit is required upon | ||||||
27 | conviction;
| ||||||
28 | 2. Has been convicted of not less than 3 offenses | ||||||
29 | against traffic
regulations governing the movement of | ||||||
30 | vehicles committed within any 12
month period. No | ||||||
31 | revocation or suspension shall be entered more than
6 | ||||||
32 | months after the date of last conviction;
| ||||||
33 | 3. Has been repeatedly involved as a driver in motor | ||||||
34 | vehicle
collisions or has been repeatedly convicted of | ||||||
35 | offenses against laws and
ordinances regulating the |
| |||||||
| |||||||
1 | movement of traffic, to a degree that
indicates lack of | ||||||
2 | ability to exercise ordinary and reasonable care in
the | ||||||
3 | safe operation of a motor vehicle or disrespect for the | ||||||
4 | traffic laws
and the safety of other persons upon the | ||||||
5 | highway;
| ||||||
6 | 4. Has by the unlawful operation of a motor vehicle | ||||||
7 | caused or
contributed to an accident resulting in death or | ||||||
8 | injury requiring
immediate professional treatment in a | ||||||
9 | medical facility or doctor's office
to any person, except | ||||||
10 | that any suspension or revocation imposed by the
Secretary | ||||||
11 | of State under the provisions of this subsection shall | ||||||
12 | start no
later than 6 months after being convicted of | ||||||
13 | violating a law or
ordinance regulating the movement of | ||||||
14 | traffic, which violation is related
to the accident, or | ||||||
15 | shall start not more than one year
after
the date of the | ||||||
16 | accident, whichever date occurs later;
| ||||||
17 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
18 | driver's
license, identification card, or permit;
| ||||||
19 | 6. Has been lawfully convicted of an offense or | ||||||
20 | offenses in another
state, including the authorization | ||||||
21 | contained in Section 6-203.1, which
if committed within | ||||||
22 | this State would be grounds for suspension or revocation;
| ||||||
23 | 7. Has refused or failed to submit to an examination | ||||||
24 | provided for by
Section 6-207 or has failed to pass the | ||||||
25 | examination;
| ||||||
26 | 8. Is ineligible for a driver's license or permit under | ||||||
27 | the provisions
of Section 6-103;
| ||||||
28 | 9. Has made a false statement or knowingly concealed a | ||||||
29 | material fact
or has used false information or | ||||||
30 | identification in any application for a
license, | ||||||
31 | identification card, or permit;
| ||||||
32 | 10. Has possessed, displayed, or attempted to | ||||||
33 | fraudulently use any
license, identification card, or | ||||||
34 | permit not issued to the person;
| ||||||
35 | 11. Has operated a motor vehicle upon a highway of this | ||||||
36 | State when
the person's driving privilege or privilege to |
| |||||||
| |||||||
1 | obtain a driver's license
or permit was revoked or | ||||||
2 | suspended unless the operation was authorized by
a judicial | ||||||
3 | driving permit, probationary license to drive, or a | ||||||
4 | restricted
driving permit issued under this Code;
| ||||||
5 | 12. Has submitted to any portion of the application | ||||||
6 | process for
another person or has obtained the services of | ||||||
7 | another person to submit to
any portion of the application | ||||||
8 | process for the purpose of obtaining a
license, | ||||||
9 | identification card, or permit for some other person;
| ||||||
10 | 13. Has operated a motor vehicle upon a highway of this | ||||||
11 | State when
the person's driver's license or permit was | ||||||
12 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
13 | 14. Has committed a violation of Section 6-301, | ||||||
14 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
15 | of the Illinois Identification Card
Act;
| ||||||
16 | 15. Has been convicted of violating Section 21-2 of the | ||||||
17 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
18 | vehicles in which case, the suspension
shall be for one | ||||||
19 | year;
| ||||||
20 | 16. Has been convicted of violating Section 11-204 of | ||||||
21 | this Code relating
to fleeing from a peace officer;
| ||||||
22 | 17. Has refused to submit to a test, or tests, as | ||||||
23 | required under Section
11-501.1 or 11-501.9 of this Code | ||||||
24 | and the person has not sought a hearing as
provided for in | ||||||
25 | Section 11-501.1;
| ||||||
26 | 18. Has, since issuance of a driver's license or | ||||||
27 | permit, been adjudged
to be afflicted with or suffering | ||||||
28 | from any mental disability or disease;
| ||||||
29 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
30 | of Section 6-101
relating to driving without a driver's | ||||||
31 | license;
| ||||||
32 | 20. Has been convicted of violating Section 6-104 | ||||||
33 | relating to
classification of driver's license;
| ||||||
34 | 21. Has been convicted of violating Section 11-402 of
| ||||||
35 | this Code relating to leaving the scene of an accident | ||||||
36 | resulting in damage
to a vehicle in excess of $1,000, in |
| |||||||
| |||||||
1 | which case the suspension shall be
for one year;
| ||||||
2 | 22. Has used a motor vehicle in violating paragraph | ||||||
3 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
4 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
5 | weapons, in which case the suspension shall be for one
| ||||||
6 | year;
| ||||||
7 | 23. Has, as a driver, been convicted of committing a | ||||||
8 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
9 | for a second or subsequent
time within one year of a | ||||||
10 | similar violation;
| ||||||
11 | 24. Has been convicted by a court-martial or punished | ||||||
12 | by non-judicial
punishment by military authorities of the | ||||||
13 | United States at a military
installation in Illinois of or | ||||||
14 | for a traffic related offense that is the
same as or | ||||||
15 | similar to an offense specified under Section 6-205 or | ||||||
16 | 6-206 of
this Code;
| ||||||
17 | 25. Has permitted any form of identification to be used | ||||||
18 | by another in
the application process in order to obtain or | ||||||
19 | attempt to obtain a license,
identification card, or | ||||||
20 | permit;
| ||||||
21 | 26. Has altered or attempted to alter a license or has | ||||||
22 | possessed an
altered license, identification card, or | ||||||
23 | permit;
| ||||||
24 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
25 | of 1934;
| ||||||
26 | 28. Has been convicted of the illegal possession, while | ||||||
27 | operating or
in actual physical control, as a driver, of a | ||||||
28 | motor vehicle, of any
controlled substance prohibited | ||||||
29 | under the Illinois Controlled Substances
Act or any | ||||||
30 | cannabis prohibited under the provisions of the Cannabis | ||||||
31 | Control
Act, in which case the person's driving privileges | ||||||
32 | shall be suspended for
one year, and any driver who is | ||||||
33 | convicted of a second or subsequent
offense, within 5 years | ||||||
34 | of a previous conviction, for the illegal
possession, while | ||||||
35 | operating or in actual physical control, as a driver, of
a | ||||||
36 | motor vehicle, of any controlled substance prohibited |
| |||||||
| |||||||
1 | under the
provisions of the Illinois Controlled Substances | ||||||
2 | Act or any cannabis
prohibited under the Cannabis Control | ||||||
3 | Act shall be suspended for 5 years.
Any defendant found | ||||||
4 | guilty of this offense while operating a motor vehicle,
| ||||||
5 | shall have an entry made in the court record by the | ||||||
6 | presiding judge that
this offense did occur while the | ||||||
7 | defendant was operating a motor vehicle
and order the clerk | ||||||
8 | of the court to report the violation to the Secretary
of | ||||||
9 | State;
| ||||||
10 | 29. Has been convicted of the following offenses that | ||||||
11 | were committed
while the person was operating or in actual | ||||||
12 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
13 | sexual assault,
predatory criminal sexual assault of a | ||||||
14 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
15 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
16 | soliciting for a juvenile prostitute and the manufacture, | ||||||
17 | sale or
delivery of controlled substances or instruments | ||||||
18 | used for illegal drug use
or abuse in which case the | ||||||
19 | driver's driving privileges shall be suspended
for one | ||||||
20 | year;
| ||||||
21 | 30. Has been convicted a second or subsequent time for | ||||||
22 | any
combination of the offenses named in paragraph 29 of | ||||||
23 | this subsection,
in which case the person's driving | ||||||
24 | privileges shall be suspended for 5
years;
| ||||||
25 | 31. Has refused to submit to a test as
required by | ||||||
26 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
27 | alcohol concentration of 0.08 or more or any amount of a | ||||||
28 | drug, substance, or
compound resulting from the unlawful | ||||||
29 | use or consumption of cannabis as listed
in the Cannabis | ||||||
30 | Control Act, a controlled substance as listed in the | ||||||
31 | Illinois
Controlled Substances Act, or an intoxicating | ||||||
32 | compound as listed in the Use of
Intoxicating Compounds | ||||||
33 | Act, in which case the penalty shall be
as prescribed in | ||||||
34 | Section 6-208.1;
| ||||||
35 | 32. Has been convicted of Section 24-1.2 of the | ||||||
36 | Criminal Code of
1961 relating to the aggravated discharge |
| |||||||
| |||||||
1 | of a firearm if the offender was
located in a motor vehicle | ||||||
2 | at the time the firearm was discharged, in which
case the | ||||||
3 | suspension shall be for 3 years;
| ||||||
4 | 33. Has as a driver, who was less than 21 years of age | ||||||
5 | on the date of
the offense, been convicted a first time of | ||||||
6 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
7 | or a similar provision of a local ordinance;
| ||||||
8 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
9 | this Code;
| ||||||
10 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
11 | this Code;
| ||||||
12 | 36. Is under the age of 21 years at the time of arrest | ||||||
13 | and has been
convicted of not less than 2 offenses against | ||||||
14 | traffic regulations governing
the movement of vehicles | ||||||
15 | committed within any 24 month period. No revocation
or | ||||||
16 | suspension shall be entered more than 6 months after the | ||||||
17 | date of last
conviction;
| ||||||
18 | 37. Has committed a violation of subsection (c) of | ||||||
19 | Section 11-907 of this
Code;
| ||||||
20 | 38. Has been convicted of a violation of Section 6-20 | ||||||
21 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
22 | a local ordinance; or
| ||||||
23 | 39. Has committed a second or subsequent violation of | ||||||
24 | Section
11-1201 of this Code.
| ||||||
25 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
26 | and 27 of this
subsection, license means any driver's license, | ||||||
27 | any traffic ticket issued when
the person's driver's license is | ||||||
28 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
29 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
30 | a probationary driver's license or a temporary driver's | ||||||
31 | license.
| ||||||
32 | (b) If any conviction forming the basis of a suspension or
| ||||||
33 | revocation authorized under this Section is appealed, the
| ||||||
34 | Secretary of State may rescind or withhold the entry of the | ||||||
35 | order of suspension
or revocation, as the case may be, provided | ||||||
36 | that a certified copy of a stay
order of a court is filed with |
| |||||||
| |||||||
1 | the Secretary of State. If the conviction is
affirmed on | ||||||
2 | appeal, the date of the conviction shall relate back to the | ||||||
3 | time
the original judgment of conviction was entered and the 6 | ||||||
4 | month limitation
prescribed shall not apply.
| ||||||
5 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
6 | permit of
any person as authorized in this Section, the | ||||||
7 | Secretary of State shall
immediately notify the person in | ||||||
8 | writing of the revocation or suspension.
The notice to be | ||||||
9 | deposited in the United States mail, postage prepaid,
to | ||||||
10 | the last known address of the person.
| ||||||
11 | 2. If the Secretary of State suspends the driver's | ||||||
12 | license
of a person under subsection 2 of paragraph (a) of | ||||||
13 | this Section, a
person's privilege to operate a vehicle as | ||||||
14 | an occupation shall not be
suspended, provided an affidavit | ||||||
15 | is properly completed, the appropriate fee
received, and a | ||||||
16 | permit issued prior to the effective date of the
| ||||||
17 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
18 | which occurred
while operating a commercial vehicle in | ||||||
19 | connection with the driver's
regular occupation. All other | ||||||
20 | driving privileges shall be suspended by the
Secretary of | ||||||
21 | State. Any driver prior to operating a vehicle for
| ||||||
22 | occupational purposes only must submit the affidavit on | ||||||
23 | forms to be
provided by the Secretary of State setting | ||||||
24 | forth the facts of the person's
occupation. The affidavit | ||||||
25 | shall also state the number of offenses
committed while | ||||||
26 | operating a vehicle in connection with the driver's regular
| ||||||
27 | occupation. The affidavit shall be accompanied by the | ||||||
28 | driver's license.
Upon receipt of a properly completed | ||||||
29 | affidavit, the Secretary of State
shall issue the driver a | ||||||
30 | permit to operate a vehicle in connection with the
driver's | ||||||
31 | regular occupation only. Unless the permit is issued by the
| ||||||
32 | Secretary of State prior to the date of suspension, the | ||||||
33 | privilege to drive
any motor vehicle shall be suspended as | ||||||
34 | set forth in the notice that was
mailed under this Section. | ||||||
35 | If an affidavit is received subsequent to the
effective | ||||||
36 | date of this suspension, a permit may be issued for the |
| |||||||
| |||||||
1 | remainder
of the suspension period.
| ||||||
2 | The provisions of this subparagraph shall not apply to | ||||||
3 | any driver
required to obtain a commercial driver's license | ||||||
4 | under Section 6-507 during
the period of a disqualification | ||||||
5 | of commercial driving privileges under
Section 6-514.
| ||||||
6 | Any person who falsely states any fact in the affidavit | ||||||
7 | required
herein shall be guilty of perjury under Section | ||||||
8 | 6-302 and upon conviction
thereof shall have all driving | ||||||
9 | privileges revoked without further rights.
| ||||||
10 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
11 | of this Code,
the Secretary of State shall either rescind | ||||||
12 | or continue an order of
revocation or shall substitute an | ||||||
13 | order of suspension; or, good
cause appearing therefor, | ||||||
14 | rescind, continue, change, or extend the
order of | ||||||
15 | suspension. If the Secretary of State does not rescind the | ||||||
16 | order,
the Secretary may upon application,
to relieve undue | ||||||
17 | hardship, issue
a restricted driving permit granting the | ||||||
18 | privilege of driving a motor
vehicle between the | ||||||
19 | petitioner's residence and petitioner's place of
| ||||||
20 | employment or within the scope of his employment related | ||||||
21 | duties, or to
allow transportation for the petitioner, or a | ||||||
22 | household member of the
petitioner's family, to receive | ||||||
23 | necessary medical care and if the
professional evaluation | ||||||
24 | indicates, provide transportation for alcohol
remedial or | ||||||
25 | rehabilitative activity, or for the petitioner to attend
| ||||||
26 | classes, as a student, in an accredited educational | ||||||
27 | institution; if the
petitioner is able to demonstrate that | ||||||
28 | no alternative means of
transportation is reasonably | ||||||
29 | available and the petitioner will not endanger
the public | ||||||
30 | safety or welfare.
| ||||||
31 | If a person's license or permit has been revoked or | ||||||
32 | suspended due to 2
or more convictions of violating Section | ||||||
33 | 11-501 of this Code or a similar
provision of a local | ||||||
34 | ordinance or a similar out-of-state offense, arising out
of | ||||||
35 | separate occurrences, that person, if issued a restricted | ||||||
36 | driving permit,
may not operate a vehicle unless it has |
| |||||||
| |||||||
1 | been equipped with an ignition
interlock device as defined | ||||||
2 | in Section 1-129.1.
| ||||||
3 | If a person's license or permit has been revoked or | ||||||
4 | suspended 2 or more
times within a 10 year period due to a | ||||||
5 | single conviction of violating Section
11-501 of this Code | ||||||
6 | or a similar provision of a local ordinance or a similar
| ||||||
7 | out-of-state offense, and a statutory summary suspension | ||||||
8 | under Section
11-501.1, or 2 or more statutory summary | ||||||
9 | suspensions, or combination of 2
offenses, or of an offense | ||||||
10 | and a statutory summary suspension, arising out of
separate | ||||||
11 | occurrences, that person, if issued a restricted driving | ||||||
12 | permit, may
not operate a vehicle unless it has been
| ||||||
13 | equipped with an ignition interlock device as defined in | ||||||
14 | Section 1-129.1.
The person must pay to the Secretary of | ||||||
15 | State DUI Administration Fund an amount
not to exceed $20 | ||||||
16 | per month. The Secretary shall establish by rule the amount
| ||||||
17 | and the procedures, terms, and conditions relating to these | ||||||
18 | fees. If the
restricted driving permit was issued for | ||||||
19 | employment purposes, then this
provision does not apply to | ||||||
20 | the operation of an occupational vehicle owned or
leased by | ||||||
21 | that person's employer. In each case the Secretary may | ||||||
22 | issue a
restricted driving permit for a period deemed | ||||||
23 | appropriate, except that all
permits shall expire within | ||||||
24 | one year from the date of issuance. The Secretary
may not, | ||||||
25 | however, issue a restricted driving permit to any person | ||||||
26 | whose current
revocation is the result of a second or | ||||||
27 | subsequent conviction for a violation
of Section 11-501 of | ||||||
28 | this Code or a similar provision of a local ordinance
| ||||||
29 | relating to the offense of operating or being in physical | ||||||
30 | control of a motor
vehicle while under the influence of | ||||||
31 | alcohol, other drug or drugs, intoxicating
compound or | ||||||
32 | compounds, or any similar out-of-state offense, or any | ||||||
33 | combination
of those offenses, until the expiration of at | ||||||
34 | least one year from the date of
the revocation. A
| ||||||
35 | restricted driving permit issued under this Section shall | ||||||
36 | be subject to
cancellation, revocation, and suspension by |
| |||||||
| |||||||
1 | the Secretary of State in like
manner and for like cause as | ||||||
2 | a driver's license issued under this Code may be
cancelled, | ||||||
3 | revoked, or suspended; except that a conviction upon one or | ||||||
4 | more
offenses against laws or ordinances regulating the | ||||||
5 | movement of traffic
shall be deemed sufficient cause for | ||||||
6 | the revocation, suspension, or
cancellation of a | ||||||
7 | restricted driving permit. The Secretary of State may, as
a | ||||||
8 | condition to the issuance of a restricted driving permit, | ||||||
9 | require the
applicant to participate in a designated driver | ||||||
10 | remedial or rehabilitative
program. The Secretary of State | ||||||
11 | is authorized to cancel a restricted
driving permit if the | ||||||
12 | permit holder does not successfully complete the program.
| ||||||
13 | (c-5) The Secretary of State may, as a condition of the | ||||||
14 | reissuance of a
driver's license or permit to an applicant | ||||||
15 | whose driver's license or permit has
been suspended before he | ||||||
16 | or she reached the age of 18 years pursuant to any of
the | ||||||
17 | provisions of this Section, require the applicant to | ||||||
18 | participate in a
driver remedial education course and be | ||||||
19 | retested under Section 6-109 of this
Code.
| ||||||
20 | (d) This Section is subject to the provisions of the | ||||||
21 | Drivers License
Compact.
| ||||||
22 | (e) The Secretary of State shall not issue a restricted | ||||||
23 | driving permit to
a person under the age of 16 years whose | ||||||
24 | driving privileges have been suspended
or revoked under any | ||||||
25 | provisions of this Code.
| ||||||
26 | (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; | ||||||
27 | 92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. | ||||||
28 | 1-1-03; 92-814, eff. 1-1-03;
93-120, eff. 1-1-04.)
| ||||||
29 | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
| ||||||
30 | Sec. 6-206.1. Judicial Driving Permit.
Declaration of | ||||||
31 | Policy. It is hereby declared a policy of the
State of Illinois | ||||||
32 | that the driver who is impaired by alcohol, other drug or
| ||||||
33 | drugs, or intoxicating compound or compounds is a
threat to the | ||||||
34 | public safety and welfare. Therefore, to
provide a deterrent to | ||||||
35 | such practice and to remove problem drivers from
the highway, a |
| |||||||
| |||||||
1 | statutory summary driver's license suspension is appropriate.
| ||||||
2 | It is also recognized that driving is a privilege and | ||||||
3 | therefore, that in some
cases the granting of limited driving | ||||||
4 | privileges, where consistent with public
safety, is warranted | ||||||
5 | during the period of suspension in the form of a judicial
| ||||||
6 | driving permit to drive for the purpose of employment, | ||||||
7 | receiving drug treatment
or medical care, and educational | ||||||
8 | pursuits, where no alternative means of
transportation is | ||||||
9 | available.
| ||||||
10 | The following procedures shall apply whenever
a first | ||||||
11 | offender is arrested for any offense as defined in Section | ||||||
12 | 11-501
or a similar provision of a local ordinance:
| ||||||
13 | (a) Subsequent to a notification of a statutory summary | ||||||
14 | suspension of
driving privileges as provided in Section | ||||||
15 | 11-501.1, the first offender as
defined in Section 11-500 may | ||||||
16 | petition the circuit court of venue for a
Judicial Driving | ||||||
17 | Permit, hereinafter referred as a JDP, to relieve undue
| ||||||
18 | hardship. The court may issue a court order, pursuant to the | ||||||
19 | criteria
contained in this Section, directing the Secretary of | ||||||
20 | State to issue such
a JDP to the petitioner. Except as provided | ||||||
21 | in subsection (f-1) of Section
6-208.1, a JDP shall not become | ||||||
22 | effective prior to the 31st
day of the original statutory | ||||||
23 | summary suspension . A JDP
and shall
always
be
subject to the | ||||||
24 | following criteria:
| ||||||
25 | 1. If ordered for the purposes of employment, the JDP | ||||||
26 | shall be only for
the purpose of providing the petitioner | ||||||
27 | the privilege of driving a motor
vehicle between the | ||||||
28 | petitioner's residence and the petitioner's place of
| ||||||
29 | employment and return; or within the scope of the | ||||||
30 | petitioner's employment
related duties, shall be effective | ||||||
31 | only during and limited to
those specific times and routes | ||||||
32 | actually
required to commute or perform the petitioner's | ||||||
33 | employment related duties.
| ||||||
34 | 2. The court, by a court order, may also direct the | ||||||
35 | Secretary
of State to issue a JDP to allow transportation | ||||||
36 | for the petitioner,
or a household member of the |
| |||||||
| |||||||
1 | petitioner's family, to receive alcohol, drug, or
| ||||||
2 | intoxicating compound treatment or medical care, if the
| ||||||
3 | petitioner is able to
demonstrate that no alternative means | ||||||
4 | of transportation is reasonably
available. Such JDP shall | ||||||
5 | be effective only during the specific
times actually | ||||||
6 | required to commute.
| ||||||
7 | 3. The court, by a court order, may also direct the | ||||||
8 | Secretary of State
to issue a JDP to allow transportation | ||||||
9 | by the petitioner for educational
purposes upon | ||||||
10 | demonstrating that there are no alternative means of
| ||||||
11 | transportation reasonably available to accomplish those | ||||||
12 | educational
purposes. Such JDP shall be only for the | ||||||
13 | purpose of providing
transportation to and from the | ||||||
14 | petitioner's residence and the petitioner's
place of | ||||||
15 | educational activity, and only during the specific times | ||||||
16 | and
routes actually required to commute or perform the | ||||||
17 | petitioner's educational
requirement.
| ||||||
18 | 4. The Court shall not issue an order granting a JDP | ||||||
19 | to:
| ||||||
20 | (i) Any person unless and until the court, after
| ||||||
21 | considering the results of a current professional | ||||||
22 | evaluation of the person's
alcohol or other drug use by | ||||||
23 | an agency pursuant to Section 15-10 of the
Alcoholism | ||||||
24 | and Other Drug Abuse and
Dependency Act and other | ||||||
25 | appropriate investigation of the
person, is satisfied | ||||||
26 | that granting the privilege of
driving a motor vehicle | ||||||
27 | on the highways will not endanger the public safety or
| ||||||
28 | welfare.
| ||||||
29 | (ii) Any person who has been convicted of reckless | ||||||
30 | homicide within
the previous 5 years.
| ||||||
31 | (iii) Any person whose privilege to operate a motor | ||||||
32 | vehicle
was invalid at the time of arrest for the | ||||||
33 | current violation of Section 11-501,
or a similar | ||||||
34 | provision of a local ordinance, except in cases where | ||||||
35 | the cause
for a driver's license suspension has been | ||||||
36 | removed at the time a JDP is
effective. In any case, |
| |||||||
| |||||||
1 | should the Secretary of State enter a suspension or
| ||||||
2 | revocation of driving privileges pursuant to the | ||||||
3 | provisions of this Code
while the JDP is in effect or | ||||||
4 | pending, the Secretary shall take the
prescribed | ||||||
5 | action and provide a notice to the person and the court | ||||||
6 | ordering
the issuance of the JDP that all driving | ||||||
7 | privileges, including those provided
by the issuance | ||||||
8 | of the JDP, have been withdrawn.
| ||||||
9 | (iv) Any person under the age of 18 years.
| ||||||
10 | (b) Prior to ordering the issuance of a JDP the Court | ||||||
11 | should consider at
least, but not be limited to, the following | ||||||
12 | issues:
| ||||||
13 | 1. Whether the person is employed and no other means of | ||||||
14 | commuting to the
place of employment is available or that | ||||||
15 | the person must drive as a
condition of employment. The | ||||||
16 | employer shall certify the hours of
employment and the need | ||||||
17 | and parameters necessary for driving as a
condition to | ||||||
18 | employment.
| ||||||
19 | 2. Whether the person must drive to secure alcohol or | ||||||
20 | other medical
treatment for himself or a family member.
| ||||||
21 | 3. Whether the person must drive for educational | ||||||
22 | purposes. The
educational institution shall certify the | ||||||
23 | person's enrollment in and
academic schedule at the | ||||||
24 | institution.
| ||||||
25 | 4. Whether the person has been repeatedly convicted of | ||||||
26 | traffic
violations or involved in motor vehicle accidents | ||||||
27 | to a degree which
indicates disrespect for public safety.
| ||||||
28 | 5. Whether the person has been convicted of a traffic | ||||||
29 | violation in
connection with a traffic accident resulting | ||||||
30 | in the death of any person
within the last 5 years.
| ||||||
31 | 6. Whether the person is likely to obey the limited | ||||||
32 | provisions of the
JDP.
| ||||||
33 | 7. Whether the person has any additional traffic | ||||||
34 | violations pending
in any court.
| ||||||
35 | For purposes of this Section, programs conducting | ||||||
36 | professional
evaluations of a person's alcohol, other drug, or |
| |||||||
| |||||||
1 | intoxicating
compound use must report, to the
court of venue, | ||||||
2 | using a form prescribed by the Secretary of State. A copy
of | ||||||
3 | such evaluations shall be sent to the Secretary of State by the | ||||||
4 | court.
However, the evaluation information shall be privileged | ||||||
5 | and only available
to courts and to the Secretary of State, but | ||||||
6 | shall not be admissible in the
subsequent trial on the | ||||||
7 | underlying charge.
| ||||||
8 | (c) The scope of any court order issued for a JDP under | ||||||
9 | this Section
shall be limited to
the operation of a motor | ||||||
10 | vehicle as provided for in subsection (a) of
this Section and | ||||||
11 | shall specify the petitioner's residence, place of
employment | ||||||
12 | or location of educational institution, and the scope of job
| ||||||
13 | related duties, if relevant. The JDP shall also specify days of | ||||||
14 | the week
and specific hours
of the day when the petitioner is | ||||||
15 | able to exercise the limited privilege of
operating a motor | ||||||
16 | vehicle.
If the Petitioner, who has been granted a JDP, is | ||||||
17 | issued a citation for a
traffic related offense, including | ||||||
18 | operating a motor vehicle outside the
limitations prescribed in | ||||||
19 | the JDP or a violation of Section 6-303, or is
convicted of any | ||||||
20 | such an offense during the term
of the JDP, the court shall | ||||||
21 | consider cancellation of the limited driving
permit. In any | ||||||
22 | case, if the Petitioner commits an offense, as defined in
| ||||||
23 | Section 11-501, or a similar provision of a local ordinance, as | ||||||
24 | evidenced
by the issuance of a Uniform Traffic Ticket, the JDP | ||||||
25 | shall be forwarded by
the court of venue to the court ordering | ||||||
26 | the issuance of the JDP, for
cancellation. The court shall | ||||||
27 | notify the Secretary of State of any
such cancellation.
| ||||||
28 | (d) The Secretary of State shall, upon receiving a court | ||||||
29 | order
from the court of venue, issue a JDP to a successful | ||||||
30 | Petitioner under this
Section. Such court order form shall also | ||||||
31 | contain a notification, which
shall be sent to the Secretary of | ||||||
32 | State, providing the name, driver's
license number and legal | ||||||
33 | address of the successful petitioner, and the full
and detailed | ||||||
34 | description of the limitations of the JDP. This information
| ||||||
35 | shall be available only to the courts, police officers, and the | ||||||
36 | Secretary
of State, except during the actual period the JDP is |
| |||||||
| |||||||
1 | valid, during which
time it shall be a public record. The | ||||||
2 | Secretary of State shall design and
furnish to the courts an | ||||||
3 | official court order form to be used by the courts
when | ||||||
4 | directing the Secretary of State to issue a JDP.
| ||||||
5 | Any submitted court order that contains insufficient data | ||||||
6 | or fails to
comply with this Code shall not be utilized for JDP | ||||||
7 | issuance or entered to
the driver record but shall be returned | ||||||
8 | to the issuing court indicating why
the JDP cannot be so | ||||||
9 | entered. A notice of this action shall also be sent
to the JDP | ||||||
10 | petitioner by the Secretary of State.
| ||||||
11 | (e) The circuit court of venue may conduct the judicial | ||||||
12 | hearing, as
provided in Section 2-118.1, and the JDP hearing | ||||||
13 | provided in this Section,
concurrently. Such concurrent | ||||||
14 | hearing shall proceed in the court in the
same manner as in | ||||||
15 | other civil proceedings.
| ||||||
16 | (f) The circuit court of venue may, as a condition of the | ||||||
17 | issuance of
a JDP, prohibit the person from operating a motor | ||||||
18 | vehicle not equipped with an
ignition interlock device.
| ||||||
19 | (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99; 91-127, | ||||||
20 | eff.
1-1-00.)
| ||||||
21 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
| ||||||
22 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
23 | drug,
or intoxicating compound related suspension.
| ||||||
24 | (a) Unless the statutory summary suspension has been | ||||||
25 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||
26 | on the public highways has
been summarily suspended, pursuant | ||||||
27 | to Section 11-501.1 or 11-501.9 , shall
not be
eligible for | ||||||
28 | restoration of the privilege until the expiration of:
| ||||||
29 | 1. Six months from the effective date of the statutory | ||||||
30 | summary suspension
for a refusal or failure to complete a | ||||||
31 | test or tests to determine the
alcohol, drug, or | ||||||
32 | intoxicating compound concentration, pursuant
to Section | ||||||
33 | 11-501.1 ; or
for a refusal or failure to complete a | ||||||
34 | preliminary breath screening
test or a field sobriety test | ||||||
35 | or tests pursuant to Section 11-501.9; or
|
| |||||||
| |||||||
1 | 2. Three months from the effective date of the | ||||||
2 | statutory summary
suspension imposed following the | ||||||
3 | person's submission to a chemical test
which disclosed an | ||||||
4 | alcohol concentration of 0.08 or more, or any
amount of a | ||||||
5 | drug, substance, or intoxicating compound in such person's
| ||||||
6 | breath, blood, or urine resulting
from the unlawful use or | ||||||
7 | consumption of cannabis listed in the Cannabis
Control Act, | ||||||
8 | a controlled substance listed in the Illinois
Controlled
| ||||||
9 | Substances Act, or an intoxicating compound listed in the | ||||||
10 | Use of Intoxicating
Compounds Act, pursuant to Section | ||||||
11 | 11-501.1; or
| ||||||
12 | 3. Three years from the effective date of the statutory | ||||||
13 | summary suspension
for any person other than a first | ||||||
14 | offender who refuses or fails to
complete a test or tests | ||||||
15 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
16 | concentration
pursuant to Section 11-501.1; or
| ||||||
17 | 3.1. Two years from the effective date of the statutory | ||||||
18 | summary
suspension
for any person other than a first | ||||||
19 | offender who refuses or fails to complete a
preliminary | ||||||
20 | breath screening test or a field sobriety test or tests | ||||||
21 | pursuant to
Section 11-501.9; or
| ||||||
22 | 4. One year from the effective date of the summary | ||||||
23 | suspension imposed
for any person other than a first | ||||||
24 | offender following submission to a
chemical test which | ||||||
25 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
26 | to Section 11-501.1 or any amount of a drug, substance or
| ||||||
27 | compound in such person's blood or urine resulting from the | ||||||
28 | unlawful use or
consumption of cannabis listed in the | ||||||
29 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
30 | Illinois Controlled Substances Act, or an
intoxicating
| ||||||
31 | compound listed in the Use of Intoxicating Compounds Act.
| ||||||
32 | (b) Following a statutory summary suspension of the | ||||||
33 | privilege to drive a
motor vehicle under Section 11-501.1 or | ||||||
34 | 11-501.9 , full driving privileges
shall be
restored unless the | ||||||
35 | person is otherwise disqualified by this Code. If
the court has | ||||||
36 | reason to believe that the person's
driving privilege should |
| |||||||
| |||||||
1 | not be restored, the court shall notify
the Secretary of State | ||||||
2 | prior to the expiration of the statutory summary
suspension so | ||||||
3 | appropriate action may be taken pursuant to this Code.
| ||||||
4 | (c) Full driving privileges may not be restored until all | ||||||
5 | applicable
reinstatement fees, as provided by this Code, have | ||||||
6 | been paid to the Secretary
of State and the appropriate entry | ||||||
7 | made to the driver's record.
| ||||||
8 | (d) Where a driving privilege has been summarily suspended | ||||||
9 | under Section
11-501.1 or 11-501.9 and the person is | ||||||
10 | subsequently convicted of violating
Section
11-501, or a | ||||||
11 | similar provision of a local ordinance, for the same incident,
| ||||||
12 | any period served on statutory summary suspension shall be | ||||||
13 | credited toward
the minimum period of revocation of driving | ||||||
14 | privileges imposed pursuant to
Section 6-205.
| ||||||
15 | (e) Following a statutory summary suspension of driving | ||||||
16 | privileges
pursuant to Section 11-501.1, for a first offender, | ||||||
17 | the circuit court may,
after at least 30 days from the | ||||||
18 | effective date of the statutory summary
suspension or as | ||||||
19 | provided in subsection (e-1) , issue a judicial driving
permit | ||||||
20 | as provided in Section 6-206.1.
| ||||||
21 | (e-1) Following a statutory summary suspension of driving | ||||||
22 | privileges under
Section 11-501.1 for a first offender, if that | ||||||
23 | person also (i) has never
received a disposition of supervision | ||||||
24 | for any offense as defined in Section
11-501 or a similar | ||||||
25 | provision of a local ordinance and (ii) submitted to field
| ||||||
26 | sobriety tests under Section 11-501.9 before the statutory | ||||||
27 | summary suspension
was imposed under Section 11-501.1, the | ||||||
28 | circuit court may, at any time after
the statutory summary | ||||||
29 | suspension has been imposed,
issue a judicial driving permit | ||||||
30 | under Section 6-206.1.
| ||||||
31 | (f) Subsequent to an arrest of a first offender, for any | ||||||
32 | offense as
defined in Section 11-501 or a similar provision of | ||||||
33 | a local ordinance,
following a statutory summary suspension of | ||||||
34 | driving privileges pursuant to
Section 11-501.1, for a first | ||||||
35 | offender, the circuit court may issue a court
order directing | ||||||
36 | the Secretary of State to issue a judicial driving permit
as |
| |||||||
| |||||||
1 | provided in Section 6-206.1. Except as provided in subsection | ||||||
2 | (e-1),
however, this JDP shall not be effective
prior to the | ||||||
3 | 31st day of the statutory summary suspension.
| ||||||
4 | (f-1) Following a statutory summary suspension of driving | ||||||
5 | privileges
pursuant to Section 11-501.9, for a first offender, | ||||||
6 | the Secretary of State may,
after at least 30 days from the | ||||||
7 | effective date of the statutory summary
suspension, issue a | ||||||
8 | restricted driving permit as provided in subsection (g) of
| ||||||
9 | Section 11-501.9.
| ||||||
10 | (g) Following a statutory summary suspension of driving | ||||||
11 | privileges
pursuant to Section 11-501.1 where the person was | ||||||
12 | not a first offender, as
defined in Section 11-500, or a | ||||||
13 | preliminary breath screening test or a field
sobriety test or | ||||||
14 | tests the Secretary of State may not issue a
restricted driving | ||||||
15 | permit.
| ||||||
16 | (h) (Blank).
| ||||||
17 | (i) When a person has refused to submit to or failed to | ||||||
18 | complete a
chemical test or tests of blood, breath, or urine | ||||||
19 | pursuant to Section 11-501.1
or to a preliminary breath | ||||||
20 | screening test
or a field sobriety test or tests pursuant to | ||||||
21 | Section 11-501.9,
the person's driving privileges shall be
| ||||||
22 | statutorily suspended under the provisions of both Sections,
| ||||||
23 | but the periods of statutory suspension shall run
concurrently.
| ||||||
24 | (Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01.)
| ||||||
25 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
26 | Sec. 6-303. Driving while driver's license, permit or | ||||||
27 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
28 | (a) Any person who drives or is in actual physical control | ||||||
29 | of a motor
vehicle on any highway of this State at a time when | ||||||
30 | such person's driver's
license, permit or privilege to do so or | ||||||
31 | the privilege to obtain a driver's
license or permit is revoked | ||||||
32 | or suspended as provided by this Code or the law
of another | ||||||
33 | state, except as may be specifically allowed by and subject to | ||||||
34 | the
conditions of a judicial driving
permit, family financial | ||||||
35 | responsibility driving permit, probationary
license to drive, |
| |||||||
| |||||||
1 | or a restricted driving permit issued pursuant to this Code
or | ||||||
2 | under the law of another state, shall be guilty of a Class A | ||||||
3 | misdemeanor.
| ||||||
4 | (b) The Secretary of State upon receiving a report of the | ||||||
5 | conviction
of any violation indicating a person was operating a | ||||||
6 | motor vehicle during
the time when said person's driver's | ||||||
7 | license, permit or privilege was
suspended by the Secretary, by | ||||||
8 | the appropriate authority of another state,
or pursuant to | ||||||
9 | Section 11-501.1 or 11-501.9, ; except as may
be specifically | ||||||
10 | allowed by a probationary license to drive, judicial
driving | ||||||
11 | permit or restricted driving permit issued pursuant to this | ||||||
12 | Code or
the law of another state;
shall extend the suspension | ||||||
13 | for the same period of time as the originally
imposed | ||||||
14 | suspension; however, if the period of suspension has then | ||||||
15 | expired,
the Secretary shall be authorized to suspend said | ||||||
16 | person's driving
privileges for the same period of time as the | ||||||
17 | originally imposed
suspension; and if the conviction was upon a | ||||||
18 | charge which indicated that a
vehicle was operated during the | ||||||
19 | time when the person's driver's license,
permit or privilege | ||||||
20 | was revoked; except as may be allowed by a restricted
driving | ||||||
21 | permit issued pursuant to this Code or the law of another | ||||||
22 | state;
the Secretary shall not issue
a driver's license for an | ||||||
23 | additional period of one year from the date of
such conviction | ||||||
24 | indicating such person was operating a vehicle during such
| ||||||
25 | period of revocation.
| ||||||
26 | (c) Any person convicted of violating this Section shall | ||||||
27 | serve a minimum
term of imprisonment of 10 consecutive days or | ||||||
28 | 30
days of community service
when the person's driving | ||||||
29 | privilege was revoked or suspended as a result of:
| ||||||
30 | (1) a violation of Section 11-501 of this Code or a | ||||||
31 | similar provision
of a local ordinance relating to the | ||||||
32 | offense of operating or being in physical
control of a | ||||||
33 | vehicle while under the influence of alcohol, any other | ||||||
34 | drug
or any combination thereof; or
| ||||||
35 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
36 | this Code or a
similar provision of a local ordinance |
| |||||||
| |||||||
1 | relating to the offense of leaving the
scene of a motor | ||||||
2 | vehicle accident involving personal injury or death; or
| ||||||
3 | (3) a violation of Section 9-3 of the Criminal Code of | ||||||
4 | 1961, as amended,
relating to the offense of reckless | ||||||
5 | homicide; or
| ||||||
6 | (4) a statutory summary suspension under Section | ||||||
7 | 11-501.1 or 11-501.9
of this
Code.
| ||||||
8 | Such sentence of imprisonment or community service shall | ||||||
9 | not be subject
to suspension in order to reduce such sentence.
| ||||||
10 | (c-1) Except as provided in subsection (d), any person | ||||||
11 | convicted of a
second violation of this Section shall be | ||||||
12 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
13 | community service.
| ||||||
14 | (c-2) In addition to other penalties imposed under this | ||||||
15 | Section, the
court may impose on any person convicted a fourth | ||||||
16 | time of violating this
Section any of
the following:
| ||||||
17 | (1) Seizure of the license plates of the person's | ||||||
18 | vehicle.
| ||||||
19 | (2) Immobilization of the person's vehicle for a period | ||||||
20 | of time
to be determined by the court.
| ||||||
21 | (d) Any person convicted of a second violation of this
| ||||||
22 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
23 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
24 | community service, as determined by the
court, if the
| ||||||
25 | revocation or
suspension was for a violation of Section 11-401 | ||||||
26 | or 11-501 of this Code,
or a similar out-of-state offense, or a | ||||||
27 | similar provision of a local
ordinance, a violation of Section | ||||||
28 | 9-3 of the Criminal Code of 1961, relating
to the offense of | ||||||
29 | reckless homicide, or a similar out-of-state offense, or a
| ||||||
30 | statutory summary suspension under Section 11-501.1 or | ||||||
31 | 11-501.9 of this
Code.
| ||||||
32 | (d-1) Except as provided in subsection (d-2) and subsection | ||||||
33 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
34 | of this Section shall serve a minimum term of
imprisonment of | ||||||
35 | 30 days or 300 hours of community service, as determined by the
| ||||||
36 | court.
|
| |||||||
| |||||||
1 | (d-2) Any person convicted of a third violation of this
| ||||||
2 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
3 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
4 | was for a violation of Section 11-401 or 11-501 of this Code,
| ||||||
5 | or a similar out-of-state offense, or a similar provision of a | ||||||
6 | local
ordinance, a violation of Section 9-3 of the Criminal | ||||||
7 | Code of 1961, relating
to the offense of reckless homicide, or | ||||||
8 | a similar out-of-state offense, or a
statutory summary | ||||||
9 | suspension under Section 11-501.1 of this Code.
| ||||||
10 | (d-3) Any person convicted of a fourth or subsequent | ||||||
11 | violation of this
Section is guilty of a Class 4 felony and | ||||||
12 | must serve a minimum term of
imprisonment of 180 days if the | ||||||
13 | revocation or suspension was for a
violation of Section 11-401 | ||||||
14 | or 11-501 of this Code, or a similar out-of-state
offense, or a | ||||||
15 | similar provision of a local ordinance, a violation of
Section | ||||||
16 | 9-3 of the Criminal Code of 1961, relating to the offense of
| ||||||
17 | reckless homicide, or a similar out-of-state offense, or a | ||||||
18 | statutory
summary suspension under Section 11-501.1 of this | ||||||
19 | Code.
| ||||||
20 | (e) Any person in violation of this Section who is also in | ||||||
21 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
22 | insurance requirements, in
addition to other penalties imposed | ||||||
23 | under this Section, shall have his or her
motor vehicle | ||||||
24 | immediately impounded by the arresting law enforcement | ||||||
25 | officer.
The motor vehicle may be released to any licensed | ||||||
26 | driver upon a showing of
proof of insurance for the vehicle | ||||||
27 | that was impounded and the notarized written
consent for the | ||||||
28 | release by the vehicle owner.
| ||||||
29 | (f) For any prosecution under this Section, a certified | ||||||
30 | copy of the
driving abstract of the defendant shall be admitted | ||||||
31 | as proof of any prior
conviction.
| ||||||
32 | (g) The motor vehicle used in a violation of this Section | ||||||
33 | is subject
to seizure and forfeiture as provided in Sections | ||||||
34 | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||||||
35 | driving privilege was revoked
or suspended as a result of a | ||||||
36 | violation listed in paragraph (1), (2), or
(3) of subsection |
| |||||||
| |||||||
1 | (c) of this Section or as a result of a summary
suspension as | ||||||
2 | provided in paragraph (4) of subsection (c) of this
Section.
| ||||||
3 | (Source: P.A. 91-692, eff.
4-13-00; 92-340, eff. 8-10-01; | ||||||
4 | 92-688, eff. 7-16-02.)
| ||||||
5 | (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
| ||||||
6 | Sec. 11-500. Definitions. For the purposes of interpreting | ||||||
7 | Sections
6-206.1 and 6-208.1 of this Code, "first offender" | ||||||
8 | shall mean : (i) any
person
who has not had a previous | ||||||
9 | conviction or court assigned supervision for
violating Section | ||||||
10 | 11-501, or a similar provision of a local ordinance,
or a | ||||||
11 | conviction in any other state for a violation of driving while | ||||||
12 | under
the influence or a similar offense where the cause of | ||||||
13 | action is the same
or substantially similar to this Code , or | ||||||
14 | (ii) any
person who has not had a driver's license
suspension | ||||||
15 | for violating Section 11-501.1 or 11-501.9 within 5
years prior | ||||||
16 | to the date of
the
current offense or failure to submit to or | ||||||
17 | complete a chemical test or tests
of blood, breath, or urine | ||||||
18 | pursuant to Section 11-501.1 or a preliminary breath
screening | ||||||
19 | test or a field sobriety test or tests pursuant to Section
| ||||||
20 | 11-501.9 , except in cases where the driver submitted to
| ||||||
21 | chemical testing resulting in an alcohol concentration of 0.08 | ||||||
22 | or
more,
or any amount of a drug, substance, or compound in | ||||||
23 | such person's blood or
urine resulting from the unlawful use or | ||||||
24 | consumption of cannabis listed in
the Cannabis Control Act, a | ||||||
25 | controlled substance listed in the
Illinois
Controlled | ||||||
26 | Substances Act, or an intoxicating compound listed in the Use
| ||||||
27 | of
Intoxicating Compounds Act and
was subsequently found not | ||||||
28 | guilty of violating Section 11-501, or a similar
provision of a | ||||||
29 | local ordinance.
| ||||||
30 | (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
| ||||||
31 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
| ||||||
32 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
33 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
34 | combination thereof.
|
| |||||||
| |||||||
1 | (a) A person shall not drive or be in actual
physical | ||||||
2 | control of any vehicle within this State while:
| ||||||
3 | (1) the alcohol concentration in the person's blood or | ||||||
4 | breath is 0.08
or more based on the definition of blood and | ||||||
5 | breath units in Section 11-501.2;
| ||||||
6 | (2) under the influence of alcohol;
| ||||||
7 | (3) under the influence of any intoxicating compound or | ||||||
8 | combination of
intoxicating compounds to a degree that | ||||||
9 | renders the person incapable of
driving safely;
| ||||||
10 | (4) under the influence of any other drug or | ||||||
11 | combination of drugs to a
degree that renders the person | ||||||
12 | incapable of safely driving;
| ||||||
13 | (5) under the combined influence of alcohol, other drug | ||||||
14 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
15 | that renders the person
incapable of safely driving; or
| ||||||
16 | (6) there is any amount of a drug, substance, or | ||||||
17 | compound in the
person's breath, blood, or urine resulting | ||||||
18 | from the unlawful use or consumption
of cannabis listed in | ||||||
19 | the Cannabis Control Act, a controlled substance listed
in | ||||||
20 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
21 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
22 | (b) The fact that any person charged with violating this | ||||||
23 | Section is or
has been legally entitled to use alcohol, other | ||||||
24 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
25 | combination thereof, shall not constitute a defense against any | ||||||
26 | charge of
violating this Section.
| ||||||
27 | (c) Except as provided under paragraphs (c-3), (c-4), and | ||||||
28 | (d) of this
Section,
every person convicted of violating this | ||||||
29 | Section or a similar provision of a
local ordinance, shall be | ||||||
30 | guilty of a Class A misdemeanor and, in addition to
any other | ||||||
31 | criminal or administrative action, for any second conviction of
| ||||||
32 | violating this Section or a similar provision of a law of | ||||||
33 | another state or
local ordinance committed within 5 years of a | ||||||
34 | previous violation of this
Section or a similar provision of a | ||||||
35 | local ordinance shall be mandatorily
sentenced to a minimum of | ||||||
36 | 5 days of imprisonment or assigned to a
minimum of 30 days of |
| |||||||
| |||||||
1 | community service as may be determined by the court.
Every | ||||||
2 | person convicted of violating this Section or a similar | ||||||
3 | provision of a
local ordinance shall be subject to an | ||||||
4 | additional mandatory minimum fine of
$500 and an additional
| ||||||
5 | mandatory 5 days of community service in a program benefiting | ||||||
6 | children if the
person committed a violation of paragraph (a) | ||||||
7 | or a similar provision of a local
ordinance while transporting | ||||||
8 | a person under age 16. Every person
convicted a second time for | ||||||
9 | violating this Section or a similar provision of a
local | ||||||
10 | ordinance within 5 years of a previous violation of this | ||||||
11 | Section or a
similar provision of a law of another state or | ||||||
12 | local ordinance shall be subject
to an additional mandatory | ||||||
13 | minimum
fine of $500 and an additional 10 days of mandatory | ||||||
14 | community service in a
program benefiting
children if the | ||||||
15 | current offense was committed while transporting a person
under | ||||||
16 | age 16. The imprisonment or assignment under this subsection
| ||||||
17 | shall not be subject to suspension nor shall the person be | ||||||
18 | eligible for
probation in order to reduce the sentence or | ||||||
19 | assignment.
| ||||||
20 | (c-1) (1) A person who violates this Section during a | ||||||
21 | period in which his
or her driving privileges are revoked | ||||||
22 | or suspended, where the revocation or
suspension was for a | ||||||
23 | violation of this Section or a similar provision of a local | ||||||
24 | ordinance, a failure to submit to a chemical test or tests | ||||||
25 | of blood, breath, or urine pursuant to , Section 11-501.1 or | ||||||
26 | a failure to submit to a preliminary breath screening test | ||||||
27 | or a field sobriety test or tests pursuant to Section | ||||||
28 | 11-501.9 of this Code, a violation of , paragraph (b)
of | ||||||
29 | Section 11-401 of this Code , or a violation of Section 9-3 | ||||||
30 | of the Criminal Code of 1961 is guilty of a
Class 4 felony.
| ||||||
31 | (2) A person who violates this Section a third time | ||||||
32 | during a period in
which his or her driving privileges are | ||||||
33 | revoked or suspended where the
revocation
or suspension was | ||||||
34 | for a violation of this Section, or a similar violation of | ||||||
35 | a local ordinance, a failure to submit to a chemical test | ||||||
36 | or tests of blood, breath, or urine pursuant to Section |
| |||||||
| |||||||
1 | 11-501.1 or a failure to submit to a preliminary breath | ||||||
2 | screening test or a field sobriety test or tests pursuant | ||||||
3 | to Section 11-501.9 of this Code, a violation of , paragraph
| ||||||
4 | (b) of Section 11-401 of this Code , or a violation of
| ||||||
5 | Section 9-3 of the Criminal Code of 1961 is guilty of
a | ||||||
6 | Class 3 felony.
| ||||||
7 | (3) A person who violates this Section a fourth or | ||||||
8 | subsequent time
during a period in which his
or her driving | ||||||
9 | privileges are revoked or suspended where the revocation
or | ||||||
10 | suspension was for a violation of this Section or a similar | ||||||
11 | violation of a local ordinance, a failure to submit to a | ||||||
12 | chemical test or tests of blood, breath, or urine pursuant | ||||||
13 | to , Section 11-501.1 or a failure to submit to a | ||||||
14 | preliminary breath screening test or a field sobriety test | ||||||
15 | or tests pursuant to Section 11-501.9 of this Code, a | ||||||
16 | violation of , paragraph
(b) of Section 11-401 of this Code , | ||||||
17 | or
a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
18 | is guilty of
a Class 2 felony.
| ||||||
19 | (c-2) (Blank).
| ||||||
20 | (c-3) Every person convicted of violating this Section or a | ||||||
21 | similar
provision of a local ordinance who had a child under | ||||||
22 | age 16 in the vehicle at
the time of the offense shall have his | ||||||
23 | or her punishment under this Act
enhanced by 2 days of | ||||||
24 | imprisonment for a first offense, 10 days of imprisonment
for a | ||||||
25 | second offense, 30 days of imprisonment for a third offense, | ||||||
26 | and 90 days
of imprisonment for a fourth or subsequent offense, | ||||||
27 | in addition to the fine and
community service required under | ||||||
28 | subsection (c) and the possible imprisonment
required under | ||||||
29 | subsection (d). The imprisonment or assignment under this
| ||||||
30 | subsection shall not be subject to suspension nor shall the | ||||||
31 | person be eligible
for probation in order to reduce the | ||||||
32 | sentence or assignment.
| ||||||
33 | (c-4) When a person is convicted of violating Section | ||||||
34 | 11-501 of this
Code or a similar provision of a local | ||||||
35 | ordinance, the following penalties apply
when his or her blood, | ||||||
36 | breath, or urine was
.16 or more based on the definition of |
| |||||||
| |||||||
1 | blood, breath, or urine units in Section
11-501.2 or when that | ||||||
2 | person is convicted of violating this Section while
| ||||||
3 | transporting a child under the age of 16:
| ||||||
4 | (1) A person who is convicted of violating subsection | ||||||
5 | (a) of Section
11-501 of this
Code a
first time, in | ||||||
6 | addition to any other penalty that may be imposed under
| ||||||
7 | subsection (c), is subject to
a mandatory minimum of
100 | ||||||
8 | hours
of community service
and
a minimum fine of $500.
| ||||||
9 | (2) A person who is convicted of violating subsection | ||||||
10 | (a) of Section
11-501 of this
Code a
second time within 10 | ||||||
11 | years, in addition to any other penalty
that may be imposed | ||||||
12 | under subsection (c), is subject to
a mandatory minimum of | ||||||
13 | 2 days of imprisonment
and
a minimum fine of $1,250.
| ||||||
14 | (3) A person who is convicted of violating subsection | ||||||
15 | (a) of Section
11-501 of this
Code a third time within 20 | ||||||
16 | years is guilty of a Class 4 felony and, in
addition to any
| ||||||
17 | other penalty that may be imposed under subsection (c), is | ||||||
18 | subject to
a mandatory minimum of 90 days of imprisonment | ||||||
19 | and
a minimum fine of $2,500.
| ||||||
20 | (4) A person who is convicted of violating this | ||||||
21 | subsection (c-4) a fourth
or subsequent
time is
guilty of a | ||||||
22 | Class 2 felony and, in addition to any other penalty
that | ||||||
23 | may be imposed under subsection (c), is not
eligible for a | ||||||
24 | sentence of probation or conditional
discharge and is
| ||||||
25 | subject to a minimum fine of $2,500.
| ||||||
26 | (d) (1) Every person convicted of committing a violation of | ||||||
27 | this Section
shall be guilty of aggravated driving under | ||||||
28 | the influence of alcohol,
other drug or drugs, or | ||||||
29 | intoxicating compound or compounds, or any combination
| ||||||
30 | thereof if:
| ||||||
31 | (A) the person committed a violation of this | ||||||
32 | Section, or a similar
provision of a law of another | ||||||
33 | state or a local ordinance when the cause of
action is | ||||||
34 | the same as or substantially similar to this Section, | ||||||
35 | for the
third or subsequent time;
| ||||||
36 | (B) the person committed a violation of paragraph |
| |||||||
| |||||||
1 | (a) while
driving a school bus with children on board;
| ||||||
2 | (C) the person in committing a violation of | ||||||
3 | paragraph (a) was
involved in a motor vehicle accident | ||||||
4 | that resulted in great bodily harm or
permanent | ||||||
5 | disability or disfigurement to another, when the | ||||||
6 | violation was
a proximate cause of the injuries;
| ||||||
7 | (D) the person committed a violation of paragraph | ||||||
8 | (a) for a
second time and has been previously convicted | ||||||
9 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
10 | relating to reckless homicide in which the person was
| ||||||
11 | determined to have been under the influence of alcohol, | ||||||
12 | other drug or
drugs, or intoxicating compound or | ||||||
13 | compounds as an element of the offense or
the person | ||||||
14 | has previously been convicted
under subparagraph (C) | ||||||
15 | or subparagraph (F) of this paragraph (1);
| ||||||
16 | (E) the person, in committing a violation of | ||||||
17 | paragraph (a) while
driving at any speed in a school | ||||||
18 | speed zone at a time when a speed limit of
20 miles per | ||||||
19 | hour was in effect under subsection (a) of Section | ||||||
20 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
21 | accident that resulted in bodily
harm, other than great | ||||||
22 | bodily harm or permanent disability or disfigurement,
| ||||||
23 | to another person, when the violation of paragraph (a) | ||||||
24 | was a proximate cause
of the bodily harm; or
| ||||||
25 | (F) the person, in committing a violation of | ||||||
26 | paragraph (a), was
involved in a motor vehicle, | ||||||
27 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
28 | accident that resulted in
the death of another person, | ||||||
29 | when the violation of paragraph (a) was
a proximate | ||||||
30 | cause of the death.
| ||||||
31 | (2) Except as provided in this paragraph (2), | ||||||
32 | aggravated driving under
the
influence of alcohol, other | ||||||
33 | drug or
drugs,
or intoxicating compound or compounds, or | ||||||
34 | any
combination thereof is a Class 4 felony. For a | ||||||
35 | violation of subparagraph (C)
of
paragraph (1) of this | ||||||
36 | subsection (d), the defendant, if sentenced to a term
of |
| |||||||
| |||||||
1 | imprisonment, shall be sentenced
to not less than
one year | ||||||
2 | nor more than 12 years.
Aggravated driving under the | ||||||
3 | influence of alcohol, other drug or drugs,
or intoxicating | ||||||
4 | compound or compounds, or any combination thereof as
| ||||||
5 | defined in subparagraph (F) of paragraph (1) of this | ||||||
6 | subsection (d) is
a Class 2 felony, for which the | ||||||
7 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
8 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
9 | years and not more
than 14 years if the violation resulted | ||||||
10 | in the death of one person; or
(B) a term of imprisonment | ||||||
11 | of not less than 6 years and not
more than 28 years if the | ||||||
12 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
13 | any prosecution under this subsection
(d), a certified copy | ||||||
14 | of the
driving abstract of the defendant shall be admitted | ||||||
15 | as proof of any prior
conviction.
| ||||||
16 | (e) After a finding of guilt and prior to any final | ||||||
17 | sentencing, or an
order for supervision, for an offense based | ||||||
18 | upon an arrest for a
violation of this Section or a similar | ||||||
19 | provision of a local ordinance,
individuals shall be required | ||||||
20 | to undergo a professional evaluation to
determine if an | ||||||
21 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
22 | and the
extent of the problem, and undergo the imposition of | ||||||
23 | treatment as appropriate.
Programs conducting these | ||||||
24 | evaluations shall be
licensed by the Department of Human | ||||||
25 | Services. The cost of any professional
evaluation shall be paid | ||||||
26 | for by the
individual
required to undergo the professional | ||||||
27 | evaluation.
| ||||||
28 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
29 | violating this
Section, including any person receiving a | ||||||
30 | disposition of court supervision for
violating this Section, | ||||||
31 | may be required by the Court to attend a victim
impact panel | ||||||
32 | offered by, or under contract with, a County State's Attorney's
| ||||||
33 | office, a probation and court services department, Mothers | ||||||
34 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
35 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
36 | be paid from fees collected from the
offender or as may be |
| |||||||
| |||||||
1 | determined by the court.
| ||||||
2 | (f) Every person found guilty of violating this Section, | ||||||
3 | whose
operation of a motor vehicle while in violation of this | ||||||
4 | Section proximately
caused any incident resulting in an | ||||||
5 | appropriate emergency response, shall
be liable for the expense | ||||||
6 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
7 | Unified Code of Corrections.
| ||||||
8 | (g) The Secretary of State shall revoke the driving | ||||||
9 | privileges of any
person convicted under this Section or a | ||||||
10 | similar provision of a local
ordinance.
| ||||||
11 | (h) Every person sentenced under paragraph (2) or (3) of | ||||||
12 | subsection (c-1)
of this Section or subsection (d) of this | ||||||
13 | Section and who
receives a term of probation or conditional | ||||||
14 | discharge shall be required to
serve a minimum term of either | ||||||
15 | 60 days community service or 10 days of
imprisonment as a | ||||||
16 | condition of the probation or
conditional discharge. This | ||||||
17 | mandatory minimum term of imprisonment or
assignment of | ||||||
18 | community service shall not be suspended and shall
not be | ||||||
19 | subject to reduction by the court.
| ||||||
20 | (i) The Secretary of State shall require the use of | ||||||
21 | ignition interlock
devices on all vehicles owned by an | ||||||
22 | individual who has been convicted of a
second
or subsequent | ||||||
23 | offense of this Section or a similar provision of a local
| ||||||
24 | ordinance. The Secretary shall establish by rule and regulation | ||||||
25 | the procedures
for certification and use of the interlock | ||||||
26 | system.
| ||||||
27 | (j) In addition to any other penalties and liabilities, a | ||||||
28 | person who is
found guilty of or pleads guilty to violating | ||||||
29 | this Section, including any
person placed on court supervision | ||||||
30 | for violating this Section, shall be fined
$100, payable to the
| ||||||
31 | circuit clerk, who shall distribute the money to the law | ||||||
32 | enforcement agency
that made the arrest. If the person has been | ||||||
33 | previously convicted of violating
this Section or a similar | ||||||
34 | provision of a local ordinance, the fine shall be
$200. In the | ||||||
35 | event that more than one agency is responsible
for the arrest, | ||||||
36 | the $100 or $200 shall be shared equally. Any moneys received
|
| |||||||
| |||||||
1 | by a law
enforcement agency under this subsection (j) shall be | ||||||
2 | used to purchase law
enforcement equipment that will assist in | ||||||
3 | the prevention of alcohol related
criminal violence throughout | ||||||
4 | the State. This shall include, but is not limited
to, in-car | ||||||
5 | video cameras, radar and laser speed detection devices, and | ||||||
6 | alcohol
breath testers.
Any moneys received by the Department | ||||||
7 | of State Police under this subsection
(j) shall be deposited | ||||||
8 | into the State Police DUI Fund and shall be used to
purchase | ||||||
9 | law enforcement equipment that will assist in the prevention of
| ||||||
10 | alcohol related criminal violence throughout the State.
| ||||||
11 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
12 | special
fund in the State treasury. All moneys received by the | ||||||
13 | Secretary of State
Police under subsection (j) of this Section | ||||||
14 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
15 | and, subject to appropriation, shall be
used to purchase law | ||||||
16 | enforcement equipment to assist in the prevention of
alcohol | ||||||
17 | related criminal violence throughout the State.
| ||||||
18 | (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
| ||||||
19 | 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | ||||||
20 | 92-651, eff.
7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | ||||||
21 | 7-18-03; 93-584, eff.
8-22-03; revised 8-27-03.)
| ||||||
22 | (625 ILCS 5/11-501.9 new)
| ||||||
23 | Sec. 11-501.9. Mandatory preliminary breath screening test | ||||||
24 | and field
sobriety tests.
| ||||||
25 | (a) The General Assembly finds that: (1) the incidence of | ||||||
26 | motorists
suspected of driving under the influence of alcohol, | ||||||
27 | other drugs, or
intoxicating compounds who refuse to perform
| ||||||
28 | voluntary preliminary breath screening tests or field sobriety | ||||||
29 | tests has risen
to alarming proportions; (2) motorists who | ||||||
30 | refuse these tests frequently drive
under the influence of | ||||||
31 | alcohol, drugs, or intoxicating compounds but are
nonetheless | ||||||
32 | often able to avoid the loss
or suspension of driving | ||||||
33 | privileges by refusing to perform these tests; (3)
these
| ||||||
34 | motorists pose a substantial danger to the lives and property | ||||||
35 | both of other
motorists and of pedestrians; (4) the State of |
| |||||||
| |||||||
1 | Illinois has the duty to protect
the lives and property of its | ||||||
2 | citizens as they travel upon the roads and
highways of this | ||||||
3 | State, and that duty gives rise to a special need to ensure
| ||||||
4 | that those roads and highways are free from the dangers posed | ||||||
5 | by impaired
motorists; (5) persons who operate motor vehicles | ||||||
6 | upon the roads and highways
of this State engage in an | ||||||
7 | inherently dangerous activity that directly affects
the safety | ||||||
8 | of the public, and consequently, such persons are subject to
| ||||||
9 | reasonable measures designed to make road and highway travel | ||||||
10 | safe;
(6) the only effective and realistic response to the | ||||||
11 | crisis presented by
motorists refusing to voluntarily perform | ||||||
12 | preliminary breath screening tests or
field sobriety tests is
| ||||||
13 | to require persons suspected of driving under the influence of | ||||||
14 | alcohol, drugs,
or intoxicating compounds to
perform these | ||||||
15 | tests; and (7) the required performance of these tests based on
| ||||||
16 | individualized reasonable suspicion is a necessary, | ||||||
17 | unobtrusive, and reasonable
measure designed to promote the | ||||||
18 | State's special need to make its roads and
highways safe.
| ||||||
19 | (b) Any person who drives or is in actual physical control | ||||||
20 | of a motor
vehicle
within this State shall be deemed to have | ||||||
21 | given consent to performing any field
sobriety test or tests | ||||||
22 | approved by the Illinois Law Enforcement Training
Standards | ||||||
23 | Board and to providing
a sample of his or her breath for a | ||||||
24 | preliminary breath screening
test using a portable device | ||||||
25 | approved by the Department of State Police and
checked for | ||||||
26 | accuracy by the law enforcement agency utilizing the device at
| ||||||
27 | intervals not exceeding 3 months if the law enforcement officer | ||||||
28 | has reasonable
suspicion based on
specific and articulable | ||||||
29 | facts and rational
inferences from those facts to believe that | ||||||
30 | the person is violating or has
violated
Section 11-501 or a | ||||||
31 | similar provision of a local ordinance.
These tests shall be | ||||||
32 | conducted expeditiously in the vicinity of the location in
| ||||||
33 | which the person was stopped by a law enforcement officer | ||||||
34 | trained to administer
these tests under standards set forth by | ||||||
35 | the Illinois Law Enforcement Training
Standards Board.
The | ||||||
36 | results of the field sobriety test or tests or the preliminary
|
| |||||||
| |||||||
1 | breath screening test may be used by the
law enforcement | ||||||
2 | officer for the purpose of assisting with the determination
of | ||||||
3 | whether to require a chemical test as authorized under Sections | ||||||
4 | 11-501.1
and 11-501.2, and the appropriate type of test to | ||||||
5 | request. The decision to
administer a field sobriety test or | ||||||
6 | tests or a preliminary breath screening
test shall at all times | ||||||
7 | be in the
discretion of the law enforcement officer. Any
| ||||||
8 | chemical
test authorized under Sections 11-501.1 and 11-501.2 | ||||||
9 | may be requested by
the officer regardless of the result of the
| ||||||
10 | field sobriety test or tests or of the preliminary breath | ||||||
11 | screening
test, if probable cause for an arrest otherwise | ||||||
12 | exists. The preliminary breath
screening test shall be | ||||||
13 | administered in accordance with rules the
Director of the | ||||||
14 | Illinois State Police may adopt. The result of
a field sobriety | ||||||
15 | test or test or of a preliminary
breath screening test may be | ||||||
16 | used by the defendant as evidence in
any
administrative or | ||||||
17 | court proceeding involving a violation of Section 11-501 or
| ||||||
18 | 11-501.1 and may be used by the State as evidence in any | ||||||
19 | administrative or
court proceeding to establish probable cause | ||||||
20 | for a violation of Section 11-501
or in rebuttal to an | ||||||
21 | assertion that a test conducted pursuant to Section
11-501.1
| ||||||
22 | did not accurately reflect a person's degree of alcohol | ||||||
23 | concentration in the
person's breath or blood at the time the | ||||||
24 | person was in control of the motor
vehicle.
| ||||||
25 | For the purposes of this Section, a law enforcement officer | ||||||
26 | of this State who
is
investigating a person for any offense set | ||||||
27 | forth in Section 11-501 may travel
to an adjoining state to | ||||||
28 | which the person has been transported for medical care
to | ||||||
29 | complete an investigation and request that the person submit to | ||||||
30 | the test
set forth in this Section.
| ||||||
31 | (c) A person requested to
submit to any test as provided in | ||||||
32 | subsection (b)
of this Section shall be
warned by the law | ||||||
33 | enforcement officer requesting the test prior to
administering
| ||||||
34 | the test or tests that a refusal to
submit to any test will | ||||||
35 | result in the statutory summary suspension of the
person's | ||||||
36 | privilege to operate a motor vehicle as provided in Section |
| |||||||
| |||||||
1 | 6-208.1 of
this Code.
| ||||||
2 | (d) If a person refuses to perform
a field sobriety test or | ||||||
3 | tests or a preliminary breath screening test requested
by a law | ||||||
4 | enforcement
officer, the law enforcement officer shall | ||||||
5 | immediately submit a sworn report to
the Secretary of State on | ||||||
6 | a form
prescribed by the Secretary, certifying that the test | ||||||
7 | was requested under
subsection (b) and that the person refused | ||||||
8 | to submit to the
test.
| ||||||
9 | (e) Upon receipt of the sworn report of a law enforcement | ||||||
10 | officer submitted
under subsection (d), the Secretary of State
| ||||||
11 | shall enter the statutory summary
suspension for the periods | ||||||
12 | specified in Section 6-208.1, and effective as
provided in | ||||||
13 | subsection (i).
If the person is a first offender as defined in | ||||||
14 | Section 11-500 of this Code,
and is not convicted of a | ||||||
15 | violation of Section 11-501 of this Code or a similar
provision | ||||||
16 | of a local ordinance, then reports received by the Secretary of | ||||||
17 | State
under this Section shall, except during the actual time | ||||||
18 | the statutory summary
suspension is in effect, be privileged | ||||||
19 | information and for use only by the
courts, police officers, | ||||||
20 | prosecuting authorities, or the Secretary of State.
| ||||||
21 | (f) The law enforcement officer submitting the sworn report | ||||||
22 | under subsection
(d) shall serve immediate notice of the | ||||||
23 | statutory summary suspension on the
person. The suspension | ||||||
24 | shall be effective on the 46th day following the date
the | ||||||
25 | statutory summary suspension was given to the person. Upon | ||||||
26 | receipt of
the sworn report from the law enforcement officer, | ||||||
27 | the Secretary of State shall
confirm the statutory summary | ||||||
28 | suspension by mailing a notice of the effective
date of the | ||||||
29 | suspension to the person and to the court of venue if the | ||||||
30 | person
was given a citation at the time of the notice of | ||||||
31 | suspension by the law
enforcement officer and the person's | ||||||
32 | driver's license was forwarded to the
court. If the sworn | ||||||
33 | report is defective because it does not contain sufficient
| ||||||
34 | information or it has been completed in error, the confirmation | ||||||
35 | of the
statutory summary suspension must not be mailed to the | ||||||
36 | person or entered to
the record; instead, the sworn report must |
| |||||||
| |||||||
1 | be returned to the issuing agency,
identifying any defect.
| ||||||
2 | (g) A driver may contest the suspension of his or her | ||||||
3 | driving privileges by
requesting an administrative hearing | ||||||
4 | with the Secretary in accordance with
Section 2-118 of this | ||||||
5 | Code. The administrative hearing shall be held within 30
days | ||||||
6 | of the request unless the person requests a continuance. The | ||||||
7 | petition for
this hearing does not stay or delay the effective | ||||||
8 | date of the impending
suspension. The scope of the hearing | ||||||
9 | shall be limited to the issues of:
| ||||||
10 | (1) whether the officer had reasonable suspicion based | ||||||
11 | on specific and
articulable facts and inferences from those | ||||||
12 | facts to believe that the person
was driving or in actual | ||||||
13 | physical control of a motor vehicle upon the public
| ||||||
14 | highways of this State while under the influence of | ||||||
15 | alcohol, another drug, or
a combination of both, or | ||||||
16 | intoxicating compounds; and
| ||||||
17 | (2) whether the person, after being advised by the law | ||||||
18 | enforcement officer
that the privilege to operate a motor | ||||||
19 | vehicle would be suspended if the person
refused to submit | ||||||
20 | to and complete a field sobriety test or tests or a
| ||||||
21 | preliminary breath screening test, refused
to submit to or | ||||||
22 | complete such test.
| ||||||
23 | The hearing may be conducted upon a review of the law | ||||||
24 | enforcement officer's
own official reports; however, the | ||||||
25 | person may subpoena the
officer. Failure of the
officer to | ||||||
26 | answer the subpoena shall be considered grounds for the person | ||||||
27 | to
obtain a continuance if, in the opinion of the hearing | ||||||
28 | officer, the continuance
is appropriate. At the conclusion of | ||||||
29 | the hearing, the Secretary may rescind,
continue or modify the | ||||||
30 | order of suspension. If the Secretary does not rescind
the | ||||||
31 | sanction, and the person is a first offender as defined by | ||||||
32 | Section 11-500,
upon application being made and good cause | ||||||
33 | shown, the Secretary may issue the
person a restricted driving | ||||||
34 | permit effective no sooner than the 31st day
following the date | ||||||
35 | on which the statutory summary suspension took effect. The
| ||||||
36 | restricted driving permit may be granted to relieve undue |
| |||||||
| |||||||
1 | hardship by allowing
driving for employment, educational, and | ||||||
2 | medical purposes outlined in item (3)
of subsection (c) of | ||||||
3 | Section 6-206 of this Code. The provisions of item (3) of
| ||||||
4 | subsection (c) of Section 6-206 shall apply.
| ||||||
5 | (h) When specific and articulable
facts and the inferences | ||||||
6 | from those facts give rise to a rational basis for
concluding | ||||||
7 | that the driver of a vehicle is impaired from alcohol, drugs,
| ||||||
8 | intoxicating compounds or a combination of them to the extent | ||||||
9 | that
the continued operation of the vehicle by the driver would | ||||||
10 | constitute a clear
and present danger to any person, the law | ||||||
11 | enforcement officer may secure the
driver's vehicle for up to | ||||||
12 | 24 hours. For the purpose of this subsection,
"secure" means | ||||||
13 | that the officer may: (i) direct the driver not to operate the
| ||||||
14 | vehicle; (ii)
take possession of the driver's vehicle keys, | ||||||
15 | (iii) impound the vehicle, or
(iv) take other reasonable
steps | ||||||
16 | to ensure the driver does not operate the vehicle.
If the | ||||||
17 | vehicle is impounded, the driver shall be liable for all costs | ||||||
18 | of
impoundment.
The law enforcement officer may release the | ||||||
19 | vehicle to a person
other than the driver if: (i) that other | ||||||
20 | person is the owner or renter of the
vehicle or the driver is | ||||||
21 | owner of the vehicle and gives permission to the other
person | ||||||
22 | to operate the vehicle and (ii) the other person possesses a | ||||||
23 | valid
operator's license and would not, as determined by the | ||||||
24 | law enforcement officer,
either have a lack of ability to
| ||||||
25 | operate the vehicle in a safe manner or be operating the | ||||||
26 | vehicle in violation
of this Code.
| ||||||
27 | Section 10. The Unified Code of Corrections is amended by | ||||||
28 | changing Section
5-6-1 as follows:
| ||||||
29 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
30 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
31 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
32 | finds that in order to protect the public, the
criminal justice | ||||||
33 | system must compel compliance with the conditions of probation
| ||||||
34 | by responding to violations with swift, certain and fair |
| |||||||
| |||||||
1 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
2 | circuit shall adopt a system of
structured, intermediate | ||||||
3 | sanctions for violations of the terms and conditions
of a | ||||||
4 | sentence of probation, conditional discharge or disposition of
| ||||||
5 | supervision.
| ||||||
6 | (a) Except where specifically prohibited by other
| ||||||
7 | provisions of this Code, the court shall impose a sentence
of | ||||||
8 | probation or conditional discharge upon an offender
unless, | ||||||
9 | having regard to the nature and circumstance of
the offense, | ||||||
10 | and to the history, character and condition
of the offender, | ||||||
11 | the court is of the opinion that:
| ||||||
12 | (1) his imprisonment or periodic imprisonment is | ||||||
13 | necessary
for the protection of the public; or
| ||||||
14 | (2) probation or conditional discharge would deprecate
| ||||||
15 | the seriousness of the offender's conduct and would be
| ||||||
16 | inconsistent with the ends of justice.
| ||||||
17 | The court shall impose as a condition of a sentence of | ||||||
18 | probation,
conditional discharge, or supervision, that the | ||||||
19 | probation agency may invoke any
sanction from the list of | ||||||
20 | intermediate sanctions adopted by the chief judge of
the | ||||||
21 | circuit court for violations of the terms and conditions of the | ||||||
22 | sentence of
probation, conditional discharge, or supervision, | ||||||
23 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
24 | (b) The court may impose a sentence of conditional
| ||||||
25 | discharge for an offense if the court is of the opinion
that | ||||||
26 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
27 | nor of probation supervision is appropriate.
| ||||||
28 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
29 | by the defendant of the facts supporting the charge or a
| ||||||
30 | finding of guilt, defer further proceedings and the
imposition | ||||||
31 | of a sentence, and enter an order for supervision of the | ||||||
32 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
33 | misdemeanor, as
defined by the following provisions of the | ||||||
34 | Criminal Code of 1961: Sections
12-3.2; 12-15; 26-5; 31-1; | ||||||
35 | 31-6; 31-7; subsections (b) and (c) of Section
21-1;
paragraph | ||||||
36 | (1) through (5), (8), (10), and (11) of subsection (a) of |
| |||||||
| |||||||
1 | Section
24-1; (ii) a Class A misdemeanor violation of Section
| ||||||
2 | 3.01,
3.03-1, or 4.01 of the Humane Care
for Animals Act; or | ||||||
3 | (iii)
felony.
If the defendant
is not barred from receiving an | ||||||
4 | order for supervision as provided in this
subsection, the court | ||||||
5 | may enter an order for supervision after considering the
| ||||||
6 | circumstances of the offense, and the history,
character and | ||||||
7 | condition of the offender, if the court is of the opinion
that:
| ||||||
8 | (1) the offender is not likely to commit further | ||||||
9 | crimes;
| ||||||
10 | (2) the defendant and the public would be best served | ||||||
11 | if the
defendant were not to receive a criminal record; and
| ||||||
12 | (3) in the best interests of justice an order of | ||||||
13 | supervision
is more appropriate than a sentence otherwise | ||||||
14 | permitted under this Code.
| ||||||
15 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
16 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
17 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
18 | the defendant has previously been:
| ||||||
19 | (1) convicted for a violation of Section 11-501 of
the | ||||||
20 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
21 | ordinance or any similar law or ordinance of another state; | ||||||
22 | or
| ||||||
23 | (2) assigned supervision for a violation of Section | ||||||
24 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
25 | of a local ordinance or any similar law
or ordinance of | ||||||
26 | another state; or
| ||||||
27 | (3) pleaded guilty to or stipulated to the facts | ||||||
28 | supporting
a charge or a finding of guilty to a violation | ||||||
29 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
30 | provision of a local ordinance or any
similar law or | ||||||
31 | ordinance of another state, and the
plea or stipulation was | ||||||
32 | the result of a plea agreement.
| ||||||
33 | The court shall consider the statement of the prosecuting
| ||||||
34 | authority with regard to the standards set forth in this | ||||||
35 | Section.
| ||||||
36 | (e) The provisions of paragraph (c) shall not apply to a |
| |||||||
| |||||||
1 | defendant
charged with violating Section 16A-3 of the Criminal | ||||||
2 | Code of 1961 if said
defendant has within the last 5 years | ||||||
3 | been:
| ||||||
4 | (1) convicted for a violation of Section 16A-3 of the | ||||||
5 | Criminal Code of
1961; or
| ||||||
6 | (2) assigned supervision for a violation of Section | ||||||
7 | 16A-3 of the Criminal
Code of 1961 or similar provision of | ||||||
8 | an out-of-state jurisdiction .
| ||||||
9 | The court shall consider the statement of the prosecuting | ||||||
10 | authority with
regard to the standards set forth in this | ||||||
11 | Section.
| ||||||
12 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
13 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
14 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, or | ||||||
15 | Section 11-1414
of the Illinois Vehicle Code or a similar | ||||||
16 | provision of a local ordinance or out-of-state jurisdiction .
| ||||||
17 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
18 | Section, the
provisions of paragraph (c) shall not apply to a
| ||||||
19 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
20 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
21 | of a local ordinance if the
defendant has within the last 5 | ||||||
22 | years been:
| ||||||
23 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
24 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
25 | provision of a local
ordinance or out-of-state | ||||||
26 | jurisdiction ; or
| ||||||
27 | (2) assigned supervision for a violation of Section | ||||||
28 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
29 | Code or a similar provision of a local
ordinance or | ||||||
30 | out-of-state jurisdiction .
| ||||||
31 | The court shall consider the statement of the prosecuting | ||||||
32 | authority with
regard to the standards set forth in this | ||||||
33 | Section.
| ||||||
34 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
35 | defendant under
the age of 21 years charged with violating a | ||||||
36 | serious traffic offense as defined
in Section 1-187.001 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code:
| ||||||
2 | (1) unless the defendant, upon payment of the fines, | ||||||
3 | penalties, and costs
provided by law, agrees to attend and | ||||||
4 | successfully complete a traffic safety
program approved by | ||||||
5 | the court under standards set by the Conference of Chief
| ||||||
6 | Circuit Judges. The accused shall be responsible for | ||||||
7 | payment of any traffic
safety program fees. If the accused | ||||||
8 | fails to file a certificate of
successful completion on or | ||||||
9 | before the termination date of the supervision
order, the | ||||||
10 | supervision shall be summarily revoked and conviction | ||||||
11 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
12 | to pleas of guilty do not apply
in cases when a defendant | ||||||
13 | enters a guilty plea under this provision; or
| ||||||
14 | (2) if the defendant has previously been sentenced | ||||||
15 | under the provisions of
paragraph (c) on or after January | ||||||
16 | 1, 1998 for any serious traffic offense as
defined in | ||||||
17 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
18 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
19 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
20 | Vehicle Code or a similar
provision of a local ordinance if the | ||||||
21 | defendant has been assigned supervision
for a violation of | ||||||
22 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
23 | provision of a local ordinance or out-of-state jurisdiction .
| ||||||
24 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
25 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
26 | Vehicle Code or a similar provision of
a local ordinance or | ||||||
27 | out-of-state jurisdiction when the revocation or suspension | ||||||
28 | was for a violation of
Section 11-501 or a similar provision of | ||||||
29 | a local ordinance, a failure to submit to a chemical test or | ||||||
30 | tests of blood, breath, or urine pursuant to
violation of
| ||||||
31 | Section 11-501.1 or to a preliminary breath screening test or a | ||||||
32 | field sobriety test or tests pursuant to Section 11-501.9 of | ||||||
33 | the Illinois Vehicle Code, a violation of
or paragraph (b) of | ||||||
34 | Section 11-401 of the Illinois Vehicle
Code, or a violation of | ||||||
35 | Section 9-3 of the Criminal Code of 1961 if the
defendant has | ||||||
36 | within the last 10 years been:
|
| |||||||
| |||||||
1 | (1) convicted for a violation of Section 6-303 of the | ||||||
2 | Illinois Vehicle
Code or a similar provision of a local | ||||||
3 | ordinance or out-of-state jurisdiction ; or
| ||||||
4 | (2) assigned supervision for a violation of Section | ||||||
5 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
6 | of a local ordinance or out-of-state jurisdiction .
| ||||||
7 | (Source: P.A. 93-388, eff. 7-25-03.)
| ||||||
8 | Section 99. Effective date. This Act takes effect on | ||||||
9 | January 1, 2005.
|