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1 | AN ACT concerning transportation.
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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 6-205 and 6-206 as follows:
| |||||||||||||||||||||
6 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| |||||||||||||||||||||
7 | Sec. 6-205. Mandatory revocation of license or permit; | |||||||||||||||||||||
8 | Hardship cases.
| |||||||||||||||||||||
9 | (a) Except as provided in this Section, the Secretary of | |||||||||||||||||||||
10 | State shall
immediately revoke the license, permit, or driving | |||||||||||||||||||||
11 | privileges of
any driver upon receiving a
report of the | |||||||||||||||||||||
12 | driver's conviction of any of the following offenses:
| |||||||||||||||||||||
13 | 1. Reckless homicide resulting from the operation of a | |||||||||||||||||||||
14 | motor vehicle;
| |||||||||||||||||||||
15 | 2. Violation of Section 11-501 of this Code or a | |||||||||||||||||||||
16 | similar provision of
a local ordinance relating to the | |||||||||||||||||||||
17 | offense of operating or being in physical
control of a | |||||||||||||||||||||
18 | vehicle while under the influence of alcohol, other drug or
| |||||||||||||||||||||
19 | drugs, intoxicating compound or compounds, or any | |||||||||||||||||||||
20 | combination thereof;
| |||||||||||||||||||||
21 | 3. Any felony under the laws of any State or the | |||||||||||||||||||||
22 | federal government
in the commission of which a motor | |||||||||||||||||||||
23 | vehicle was used;
|
| |||||||
| |||||||
1 | 4. Violation of Section 11-401 of this Code relating to | ||||||
2 | the offense of
leaving the scene of a traffic accident | ||||||
3 | involving death or personal injury;
| ||||||
4 | 5. Perjury or the making of a false affidavit or | ||||||
5 | statement under
oath to the Secretary of State under this | ||||||
6 | Code or under any
other law relating to the ownership or | ||||||
7 | operation of motor vehicles;
| ||||||
8 | 6. Conviction upon 3 charges of violation of Section | ||||||
9 | 11-503 of this
Code relating to the offense of reckless | ||||||
10 | driving committed within a
period of 12 months;
| ||||||
11 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
12 | of this Code;
| ||||||
13 | 8. Violation of Section 11-504 of this Code relating to | ||||||
14 | the offense
of drag racing;
| ||||||
15 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
16 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
17 | 1961 arising from
the use of a motor vehicle;
| ||||||
18 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
19 | to aggravated
fleeing or attempting to elude a peace | ||||||
20 | officer;
| ||||||
21 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
22 | Section 6-507,
or a similar law of any other state, | ||||||
23 | relating to the
unlawful operation of a commercial motor | ||||||
24 | vehicle;
| ||||||
25 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
26 | this Code or a
similar provision of a local ordinance if |
| |||||||
| |||||||
1 | the driver has been previously
convicted of a violation of | ||||||
2 | that Section or a similar provision of a local
ordinance | ||||||
3 | and the driver was less than 21 years of age at the time of | ||||||
4 | the
offense.
| ||||||
5 | (b) The Secretary of State shall also immediately revoke | ||||||
6 | the license
or permit of any driver in the following | ||||||
7 | situations:
| ||||||
8 | 1. Of any minor upon receiving the notice provided for | ||||||
9 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
10 | minor has been
adjudicated under that Act as having | ||||||
11 | committed an offense relating to
motor vehicles prescribed | ||||||
12 | in Section 4-103 of this Code;
| ||||||
13 | 2. Of any person when any other law of this State | ||||||
14 | requires either the
revocation or suspension of a license | ||||||
15 | or permit ;
. | ||||||
16 | 3. Of any person who has been convicted of an offense | ||||||
17 | that involved the unlawful operation of a motor vehicle and | ||||||
18 | caused or contributed to an accident resulting in the death | ||||||
19 | of any person.
| ||||||
20 | (c) Whenever a person is convicted of any of the offenses | ||||||
21 | enumerated in
this Section, the court may recommend and the | ||||||
22 | Secretary of State in his
discretion, without regard to whether | ||||||
23 | the recommendation is made by the
court may, upon application,
| ||||||
24 | issue to the person a
restricted driving permit granting the | ||||||
25 | privilege of driving a motor
vehicle between the petitioner's | ||||||
26 | residence and petitioner's place
of employment or within the |
| |||||||
| |||||||
1 | scope of the petitioner's employment related
duties, or to | ||||||
2 | allow transportation for the petitioner or a household member
| ||||||
3 | of the petitioner's family for the receipt of necessary medical | ||||||
4 | care or, if
the professional evaluation indicates, provide | ||||||
5 | transportation for the
petitioner for alcohol remedial or | ||||||
6 | rehabilitative activity, or for the
petitioner to attend | ||||||
7 | classes, as a student, in an accredited educational
| ||||||
8 | institution; if the petitioner is able to demonstrate that no | ||||||
9 | alternative means
of transportation is reasonably available | ||||||
10 | and the petitioner will not endanger
the public safety or | ||||||
11 | welfare; provided that the Secretary's discretion shall be
| ||||||
12 | limited to cases where undue hardship would result from a | ||||||
13 | failure to issue the
restricted driving permit.
| ||||||
14 | If a person's license or permit has been revoked or | ||||||
15 | suspended due to 2 or
more convictions of violating Section | ||||||
16 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
17 | or a similar out-of-state offense, arising out
of separate | ||||||
18 | occurrences, that person, if issued a restricted driving | ||||||
19 | permit,
may not operate a vehicle unless it has been equipped | ||||||
20 | with an ignition
interlock device as defined in Section | ||||||
21 | 1-129.1.
| ||||||
22 | If a person's license or permit has been revoked or | ||||||
23 | suspended 2 or more
times within a 10 year period due to a | ||||||
24 | single conviction of violating Section
11-501 of this Code or a | ||||||
25 | similar provision of a local ordinance or a similar
| ||||||
26 | out-of-state offense, and a statutory summary suspension under |
| |||||||
| |||||||
1 | Section
11-501.1, or 2 or more statutory summary suspensions, | ||||||
2 | or combination of 2
offenses, or of an offense and a statutory | ||||||
3 | summary suspension, arising out of
separate occurrences, that | ||||||
4 | person, if issued a restricted
driving permit, may not operate | ||||||
5 | a vehicle unless it has been equipped with an
ignition | ||||||
6 | interlock device as defined in Section 1-129.1.
The person must | ||||||
7 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
8 | not to exceed $20 per month. The Secretary shall establish by | ||||||
9 | rule the amount
and the procedures, terms, and conditions | ||||||
10 | relating to these fees.
If the restricted driving permit was | ||||||
11 | issued for employment purposes, then
this provision does not | ||||||
12 | apply to the operation of an occupational vehicle
owned or | ||||||
13 | leased by that person's employer.
In each case the Secretary of | ||||||
14 | State may issue a
restricted driving permit for a period he | ||||||
15 | deems appropriate, except that the
permit shall expire within | ||||||
16 | one year from the date of issuance. The Secretary
may not, | ||||||
17 | however, issue a restricted driving permit to any person whose | ||||||
18 | current
revocation is the result of a second or subsequent | ||||||
19 | conviction for a violation
of Section 11-501 of this Code or a | ||||||
20 | similar provision of a local ordinance
relating to the offense | ||||||
21 | of operating or being in physical control of a motor
vehicle | ||||||
22 | while under the influence of alcohol, other drug or drugs, | ||||||
23 | intoxicating
compound or compounds, or any similar | ||||||
24 | out-of-state offense, or any combination
thereof, until the | ||||||
25 | expiration of at least one year from the date of the
| ||||||
26 | revocation. A restricted
driving permit issued under this |
| |||||||
| |||||||
1 | Section shall be
subject to cancellation, revocation, and | ||||||
2 | suspension by the Secretary of
State in like manner and for | ||||||
3 | like cause as a driver's license issued
under this Code may be | ||||||
4 | cancelled, revoked, or
suspended; except that a conviction upon | ||||||
5 | one or more offenses against laws or
ordinances regulating the | ||||||
6 | movement of traffic shall be deemed sufficient cause
for the | ||||||
7 | revocation, suspension, or cancellation of a restricted | ||||||
8 | driving permit.
The Secretary of State may, as a condition to | ||||||
9 | the issuance of a restricted
driving permit, require the | ||||||
10 | applicant to participate in a designated driver
remedial or | ||||||
11 | rehabilitative program. The Secretary of State is authorized to
| ||||||
12 | cancel a restricted driving permit if the permit holder does | ||||||
13 | not successfully
complete the program. However, if an | ||||||
14 | individual's driving privileges have been
revoked in | ||||||
15 | accordance with paragraph 13 of subsection (a) of this Section, | ||||||
16 | no
restricted driving permit shall be issued until the | ||||||
17 | individual has served 6
months of the revocation period.
| ||||||
18 | (d) Whenever a person under the age of 21 is convicted | ||||||
19 | under Section
11-501 of this Code or a similar provision of a | ||||||
20 | local ordinance, the
Secretary of State shall revoke the | ||||||
21 | driving privileges of that person. One
year after the date of | ||||||
22 | revocation, and upon application, the Secretary of
State may, | ||||||
23 | if satisfied that the person applying will not endanger the
| ||||||
24 | public safety or welfare, issue a restricted driving permit | ||||||
25 | granting the
privilege of driving a motor vehicle only between | ||||||
26 | the hours of 5 a.m. and 9
p.m. or as otherwise provided by this |
| |||||||
| |||||||
1 | Section for a period of one year.
After this one year period, | ||||||
2 | and upon reapplication for a license as
provided in Section | ||||||
3 | 6-106, upon payment of the appropriate reinstatement
fee | ||||||
4 | provided under paragraph (b) of Section 6-118, the Secretary of | ||||||
5 | State,
in his discretion, may
issue the applicant a
license, or | ||||||
6 | extend the restricted driving permit as many times as the
| ||||||
7 | Secretary of State deems appropriate, by additional periods of | ||||||
8 | not more than
12 months each, until the applicant attains 21 | ||||||
9 | years of age.
| ||||||
10 | If a person's license or permit has been revoked or | ||||||
11 | suspended due to 2 or
more convictions of violating Section | ||||||
12 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
13 | or a similar out-of-state offense, arising out
of separate | ||||||
14 | occurrences, that person, if issued a restricted driving | ||||||
15 | permit,
may not operate a vehicle unless it has been equipped | ||||||
16 | with an ignition
interlock device as defined in Section | ||||||
17 | 1-129.1.
| ||||||
18 | If a person's license or permit has been revoked or | ||||||
19 | suspended 2 or more times
within a 10 year period due to a | ||||||
20 | single conviction of violating Section 11-501
of this
Code or a | ||||||
21 | similar provision of a local ordinance or a similar | ||||||
22 | out-of-state
offense, and
a statutory summary suspension under | ||||||
23 | Section 11-501.1, or 2 or more statutory
summary
suspensions, | ||||||
24 | or combination of 2 offenses, or of an offense and a statutory
| ||||||
25 | summary
suspension, arising out of separate occurrences, that | ||||||
26 | person, if issued a
restricted
driving permit, may not operate |
| |||||||
| |||||||
1 | a vehicle unless it has been equipped with an
ignition | ||||||
2 | interlock device as defined in Section 1-129.1.
The person must | ||||||
3 | pay to the Secretary of State DUI Administration Fund an amount
| ||||||
4 | not to exceed $20 per month. The Secretary shall establish by | ||||||
5 | rule the amount
and the procedures, terms, and conditions | ||||||
6 | relating to these fees.
If the restricted driving permit was | ||||||
7 | issued for employment purposes, then
this provision does not | ||||||
8 | apply to the operation of an occupational vehicle
owned or | ||||||
9 | leased by that person's employer. A
restricted driving permit | ||||||
10 | issued under this Section shall be subject to
cancellation, | ||||||
11 | revocation, and suspension by the Secretary of State in like
| ||||||
12 | manner and for like cause as a driver's license issued under | ||||||
13 | this Code may be
cancelled, revoked, or suspended; except that | ||||||
14 | a conviction upon one or more
offenses against laws or | ||||||
15 | ordinances regulating the movement of traffic
shall be deemed | ||||||
16 | sufficient cause for the revocation, suspension, or
| ||||||
17 | cancellation of a restricted driving permit.
The revocation | ||||||
18 | periods contained in this subparagraph shall apply to similar
| ||||||
19 | out-of-state convictions.
| ||||||
20 | (e) This Section is subject to the provisions of the Driver | ||||||
21 | License
Compact.
| ||||||
22 | (f) Any revocation imposed upon any person under | ||||||
23 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
24 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
25 | period of time.
| ||||||
26 | (g) The Secretary of State shall not issue a restricted |
| |||||||
| |||||||
1 | driving permit to
a person under the age of 16 years whose | ||||||
2 | driving privileges have been revoked
under any provisions of | ||||||
3 | this Code.
| ||||||
4 | (h) The Secretary of State shall require the use of | ||||||
5 | ignition interlock
devices on all vehicles owned by an | ||||||
6 | individual who has been convicted of a
second or subsequent | ||||||
7 | offense under Section 11-501 of this Code or a similar
| ||||||
8 | provision of a local ordinance. The Secretary shall establish | ||||||
9 | by rule and
regulation the procedures for certification and use | ||||||
10 | of the interlock
system.
| ||||||
11 | (i) The Secretary of State may not issue a restricted | ||||||
12 | driving permit for
a period of one year after a second or | ||||||
13 | subsequent revocation of driving
privileges under clause | ||||||
14 | (a)(2) of this Section; however, one
year after the date of a | ||||||
15 | second or subsequent revocation of driving privileges
under | ||||||
16 | clause (a)(2) of this Section, the Secretary of State may,
upon | ||||||
17 | application, issue a restricted driving permit under the terms | ||||||
18 | and
conditions of subsection (c).
| ||||||
19 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
20 | State may not issue a restricted driving permit for the | ||||||
21 | operation of a commercial motor vehicle to a person holding a | ||||||
22 | CDL whose driving privileges have been revoked under any | ||||||
23 | provisions of this Code.
| ||||||
24 | (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
| ||||||
25 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
|
| |||||||
| |||||||
1 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
2 | license or
permit; Right to a hearing.
| ||||||
3 | (a) The Secretary of State is authorized to suspend or | ||||||
4 | revoke the
driving privileges of any person without preliminary | ||||||
5 | hearing upon a showing
of the person's records or other | ||||||
6 | sufficient evidence that
the person:
| ||||||
7 | 1. Has committed an offense for which mandatory | ||||||
8 | revocation of
a driver's license or permit is required upon | ||||||
9 | conviction;
| ||||||
10 | 2. Has been convicted of not less than 3 offenses | ||||||
11 | against traffic
regulations governing the movement of | ||||||
12 | vehicles committed within any 12
month period. No | ||||||
13 | revocation or suspension shall be entered more than
6 | ||||||
14 | months after the date of last conviction;
| ||||||
15 | 3. Has been repeatedly involved as a driver in motor | ||||||
16 | vehicle
collisions or has been repeatedly convicted of | ||||||
17 | offenses against laws and
ordinances regulating the | ||||||
18 | movement of traffic, to a degree that
indicates lack of | ||||||
19 | ability to exercise ordinary and reasonable care in
the | ||||||
20 | safe operation of a motor vehicle or disrespect for the | ||||||
21 | traffic laws
and the safety of other persons upon the | ||||||
22 | highway;
| ||||||
23 | 4. Has by the unlawful operation of a motor vehicle | ||||||
24 | caused or
contributed to an accident resulting in death or | ||||||
25 | injury requiring
immediate professional treatment in a | ||||||
26 | medical facility or doctor's office
to any person, except |
| |||||||
| |||||||
1 | that any suspension or revocation imposed by the
Secretary | ||||||
2 | of State under the provisions of this subsection shall | ||||||
3 | start no
later than 6 months after being convicted of | ||||||
4 | violating a law or
ordinance regulating the movement of | ||||||
5 | traffic, which violation is related
to the accident, or | ||||||
6 | shall start not more than one year
after
the date of the | ||||||
7 | accident, whichever date occurs later;
| ||||||
8 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
9 | driver's
license, identification card, or permit;
| ||||||
10 | 6. Has been lawfully convicted of an offense or | ||||||
11 | offenses in another
state, including the authorization | ||||||
12 | contained in Section 6-203.1, which
if committed within | ||||||
13 | this State would be grounds for suspension or revocation;
| ||||||
14 | 7. Has refused or failed to submit to an examination | ||||||
15 | provided for by
Section 6-207 or has failed to pass the | ||||||
16 | examination;
| ||||||
17 | 8. Is ineligible for a driver's license or permit under | ||||||
18 | the provisions
of Section 6-103;
| ||||||
19 | 9. Has made a false statement or knowingly concealed a | ||||||
20 | material fact
or has used false information or | ||||||
21 | identification in any application for a
license, | ||||||
22 | identification card, or permit;
| ||||||
23 | 10. Has possessed, displayed, or attempted to | ||||||
24 | fraudulently use any
license, identification card, or | ||||||
25 | permit not issued to the person;
| ||||||
26 | 11. Has operated a motor vehicle upon a highway of this |
| |||||||
| |||||||
1 | State when
the person's driving privilege or privilege to | ||||||
2 | obtain a driver's license
or permit was revoked or | ||||||
3 | suspended unless the operation was authorized by
a judicial | ||||||
4 | driving permit, probationary license to drive, or a | ||||||
5 | restricted
driving permit issued under this Code;
| ||||||
6 | 12. Has submitted to any portion of the application | ||||||
7 | process for
another person or has obtained the services of | ||||||
8 | another person to submit to
any portion of the application | ||||||
9 | process for the purpose of obtaining a
license, | ||||||
10 | identification card, or permit for some other person;
| ||||||
11 | 13. Has operated a motor vehicle upon a highway of this | ||||||
12 | State when
the person's driver's license or permit was | ||||||
13 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
14 | 14. Has committed a violation of Section 6-301, | ||||||
15 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
16 | of the Illinois Identification Card
Act;
| ||||||
17 | 15. Has been convicted of violating Section 21-2 of the | ||||||
18 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
19 | vehicles in which case, the suspension
shall be for one | ||||||
20 | year;
| ||||||
21 | 16. Has been convicted of violating Section 11-204 of | ||||||
22 | this Code relating
to fleeing from a peace officer;
| ||||||
23 | 17. Has refused to submit to a test, or tests, as | ||||||
24 | required under Section
11-501.1 of this Code and the person | ||||||
25 | has not sought a hearing as
provided for in Section | ||||||
26 | 11-501.1;
|
| |||||||
| |||||||
1 | 18. Has, since issuance of a driver's license or | ||||||
2 | permit, been adjudged
to be afflicted with or suffering | ||||||
3 | from any mental disability or disease;
| ||||||
4 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
5 | of Section 6-101
relating to driving without a driver's | ||||||
6 | license;
| ||||||
7 | 20. Has been convicted of violating Section 6-104 | ||||||
8 | relating to
classification of driver's license;
| ||||||
9 | 21. Has been convicted of violating Section 11-402 of
| ||||||
10 | this Code relating to leaving the scene of an accident | ||||||
11 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
12 | which case the suspension shall be
for one year;
| ||||||
13 | 22. Has used a motor vehicle in violating paragraph | ||||||
14 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
15 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
16 | weapons, in which case the suspension shall be for one
| ||||||
17 | year;
| ||||||
18 | 23. Has, as a driver, been convicted of committing a | ||||||
19 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
20 | for a second or subsequent
time within one year of a | ||||||
21 | similar violation;
| ||||||
22 | 24. Has been convicted by a court-martial or punished | ||||||
23 | by non-judicial
punishment by military authorities of the | ||||||
24 | United States at a military
installation in Illinois of or | ||||||
25 | for a traffic related offense that is the
same as or | ||||||
26 | similar to an offense specified under Section 6-205 or |
| |||||||
| |||||||
1 | 6-206 of
this Code;
| ||||||
2 | 25. Has permitted any form of identification to be used | ||||||
3 | by another in
the application process in order to obtain or | ||||||
4 | attempt to obtain a license,
identification card, or | ||||||
5 | permit;
| ||||||
6 | 26. Has altered or attempted to alter a license or has | ||||||
7 | possessed an
altered license, identification card, or | ||||||
8 | permit;
| ||||||
9 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
10 | of 1934;
| ||||||
11 | 28. Has been convicted of the illegal possession, while | ||||||
12 | operating or
in actual physical control, as a driver, of a | ||||||
13 | motor vehicle, of any
controlled substance prohibited | ||||||
14 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
15 | prohibited under the Cannabis Control
Act, or any | ||||||
16 | methamphetamine prohibited under the Methamphetamine | ||||||
17 | Control and Community Protection Act, in which case the | ||||||
18 | person's driving privileges shall be suspended for
one | ||||||
19 | year, and any driver who is convicted of a second or | ||||||
20 | subsequent
offense, within 5 years of a previous | ||||||
21 | conviction, for the illegal
possession, while operating or | ||||||
22 | in actual physical control, as a driver, of
a motor | ||||||
23 | vehicle, of any controlled substance prohibited under the | ||||||
24 | Illinois Controlled Substances Act, any cannabis
| ||||||
25 | prohibited under the Cannabis Control Act, or any | ||||||
26 | methamphetamine prohibited under the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act shall be suspended for | ||||||
2 | 5 years.
Any defendant found guilty of this offense while | ||||||
3 | operating a motor vehicle,
shall have an entry made in the | ||||||
4 | court record by the presiding judge that
this offense did | ||||||
5 | occur while the defendant was operating a motor vehicle
and | ||||||
6 | order the clerk of the court to report the violation to the | ||||||
7 | Secretary
of State;
| ||||||
8 | 29. Has been convicted of the following offenses that | ||||||
9 | were committed
while the person was operating or in actual | ||||||
10 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
11 | sexual assault,
predatory criminal sexual assault of a | ||||||
12 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
13 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
14 | soliciting for a juvenile prostitute and the manufacture, | ||||||
15 | sale or
delivery of controlled substances or instruments | ||||||
16 | used for illegal drug use
or abuse in which case the | ||||||
17 | driver's driving privileges shall be suspended
for one | ||||||
18 | year;
| ||||||
19 | 30. Has been convicted a second or subsequent time for | ||||||
20 | any
combination of the offenses named in paragraph 29 of | ||||||
21 | this subsection,
in which case the person's driving | ||||||
22 | privileges shall be suspended for 5
years;
| ||||||
23 | 31. Has refused to submit to a test as
required by | ||||||
24 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
25 | alcohol concentration of 0.08 or more or any amount of a | ||||||
26 | drug, substance, or
compound resulting from the unlawful |
| |||||||
| |||||||
1 | use or consumption of cannabis as listed
in the Cannabis | ||||||
2 | Control Act, a controlled substance as listed in the | ||||||
3 | Illinois
Controlled Substances Act, or an intoxicating | ||||||
4 | compound as listed in the Use of
Intoxicating Compounds | ||||||
5 | Act, in which case the penalty shall be
as prescribed in | ||||||
6 | Section 6-208.1;
| ||||||
7 | 32. Has been convicted of Section 24-1.2 of the | ||||||
8 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
9 | of a firearm if the offender was
located in a motor vehicle | ||||||
10 | at the time the firearm was discharged, in which
case the | ||||||
11 | suspension shall be for 3 years;
| ||||||
12 | 33. Has as a driver, who was less than 21 years of age | ||||||
13 | on the date of
the offense, been convicted a first time of | ||||||
14 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
15 | or a similar provision of a local ordinance;
| ||||||
16 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
17 | this Code;
| ||||||
18 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
19 | this Code;
| ||||||
20 | 36. Is under the age of 21 years at the time of arrest | ||||||
21 | and has been
convicted of not less than 2 offenses against | ||||||
22 | traffic regulations governing
the movement of vehicles | ||||||
23 | committed within any 24 month period. No revocation
or | ||||||
24 | suspension shall be entered more than 6 months after the | ||||||
25 | date of last
conviction;
| ||||||
26 | 37. Has committed a violation of subsection (c) of |
| |||||||
| |||||||
1 | Section 11-907 of this
Code;
| ||||||
2 | 38. Has been convicted of a violation of Section 6-20 | ||||||
3 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
4 | a local ordinance;
| ||||||
5 | 39. Has committed a second or subsequent violation of | ||||||
6 | Section
11-1201 of this Code;
| ||||||
7 | 40. Has committed a violation of subsection (a-1) of | ||||||
8 | Section 11-908 of
this Code; | ||||||
9 | 41. Has committed a second or subsequent violation of | ||||||
10 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
11 | the previous violation, in which case the suspension shall | ||||||
12 | be for 90 days; or | ||||||
13 | 42. Has committed a violation of subsection (a-1) of | ||||||
14 | Section 11-1301.3 of this Code. | ||||||
15 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
16 | and 27 of this
subsection, license means any driver's license, | ||||||
17 | any traffic ticket issued when
the person's driver's license is | ||||||
18 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
19 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
20 | a probationary driver's license or a temporary driver's | ||||||
21 | license.
| ||||||
22 | (b) If any conviction forming the basis of a suspension or
| ||||||
23 | revocation authorized under this Section is appealed, the
| ||||||
24 | Secretary of State may rescind or withhold the entry of the | ||||||
25 | order of suspension
or revocation, as the case may be, provided | ||||||
26 | 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
|
| |||||||
| |||||||
1 | occupation. The affidavit shall be accompanied by the | ||||||
2 | driver's license.
Upon receipt of a properly completed | ||||||
3 | affidavit, the Secretary of State
shall issue the driver a | ||||||
4 | permit to operate a vehicle in connection with the
driver's | ||||||
5 | regular occupation only. Unless the permit is issued by the
| ||||||
6 | Secretary of State prior to the date of suspension, the | ||||||
7 | privilege to drive
any motor vehicle shall be suspended as | ||||||
8 | set forth in the notice that was
mailed under this Section. | ||||||
9 | If an affidavit is received subsequent to the
effective | ||||||
10 | date of this suspension, a permit may be issued for the | ||||||
11 | remainder
of the suspension period.
| ||||||
12 | The provisions of this subparagraph shall not apply to | ||||||
13 | any driver
required to possess a CDL for the purpose of | ||||||
14 | operating a commercial motor vehicle.
| ||||||
15 | Any person who falsely states any fact in the affidavit | ||||||
16 | required
herein shall be guilty of perjury under Section | ||||||
17 | 6-302 and upon conviction
thereof shall have all driving | ||||||
18 | privileges revoked without further rights.
| ||||||
19 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
20 | of this Code,
the Secretary of State shall either rescind | ||||||
21 | or continue an order of
revocation or shall substitute an | ||||||
22 | order of suspension; or, good
cause appearing therefor, | ||||||
23 | rescind, continue, change, or extend the
order of | ||||||
24 | suspension. If the Secretary of State does not rescind the | ||||||
25 | order,
the Secretary may upon application,
to relieve undue | ||||||
26 | hardship, issue
a restricted driving permit granting the |
| |||||||
| |||||||
1 | privilege of driving a motor
vehicle between the | ||||||
2 | petitioner's residence and petitioner's place of
| ||||||
3 | employment or within the scope of his employment related | ||||||
4 | duties, or to
allow transportation for the petitioner, or a | ||||||
5 | household member of the
petitioner's family, to receive | ||||||
6 | necessary medical care and if the
professional evaluation | ||||||
7 | indicates, provide transportation for alcohol
remedial or | ||||||
8 | rehabilitative activity, or for the petitioner to attend
| ||||||
9 | classes, as a student, in an accredited educational | ||||||
10 | institution; if the
petitioner is able to demonstrate that | ||||||
11 | no alternative means of
transportation is reasonably | ||||||
12 | available and the petitioner will not endanger
the public | ||||||
13 | safety or welfare.
| ||||||
14 | If a person's license or permit has been revoked or | ||||||
15 | suspended due to 2
or more convictions of violating Section | ||||||
16 | 11-501 of this Code or a similar
provision of a local | ||||||
17 | ordinance or a similar out-of-state offense, arising out
of | ||||||
18 | separate occurrences, that person, if issued a restricted | ||||||
19 | driving permit,
may not operate a vehicle unless it has | ||||||
20 | been equipped with an ignition
interlock device as defined | ||||||
21 | in Section 1-129.1.
| ||||||
22 | If a person's license or permit has been revoked or | ||||||
23 | suspended 2 or more
times within a 10 year period due to a | ||||||
24 | single conviction of violating Section
11-501 of this Code | ||||||
25 | or a similar provision of a local ordinance or a similar
| ||||||
26 | out-of-state offense, and a statutory summary suspension |
| |||||||
| |||||||
1 | under Section
11-501.1, or 2 or more statutory summary | ||||||
2 | suspensions, or combination of 2
offenses, or of an offense | ||||||
3 | and a statutory summary suspension, arising out of
separate | ||||||
4 | occurrences, that person, if issued a restricted driving | ||||||
5 | permit, may
not operate a vehicle unless it has been
| ||||||
6 | equipped with an ignition interlock device as defined in | ||||||
7 | Section 1-129.1.
The person must pay to the Secretary of | ||||||
8 | State DUI Administration Fund an amount
not to exceed $20 | ||||||
9 | per month. The Secretary shall establish by rule the amount
| ||||||
10 | and the procedures, terms, and conditions relating to these | ||||||
11 | fees. If the
restricted driving permit was issued for | ||||||
12 | employment purposes, then this
provision does not apply to | ||||||
13 | the operation of an occupational vehicle owned or
leased by | ||||||
14 | that person's employer. In each case the Secretary may | ||||||
15 | issue a
restricted driving permit for a period deemed | ||||||
16 | appropriate, except that all
permits shall expire within | ||||||
17 | one year from the date of issuance. The Secretary
may not, | ||||||
18 | however, issue a restricted driving permit to any person | ||||||
19 | whose current
revocation is the result of a second or | ||||||
20 | subsequent conviction for a violation
of Section 11-501 of | ||||||
21 | this Code or a similar provision of a local ordinance
| ||||||
22 | relating to the offense of operating or being in physical | ||||||
23 | control of a motor
vehicle while under the influence of | ||||||
24 | alcohol, other drug or drugs, intoxicating
compound or | ||||||
25 | compounds, or any similar out-of-state offense, or any | ||||||
26 | combination
of those offenses, until the expiration of at |
| |||||||
| |||||||
1 | least one year from the date of
the revocation. A
| ||||||
2 | restricted driving permit issued under this Section shall | ||||||
3 | be subject to
cancellation, revocation, and suspension by | ||||||
4 | the Secretary of State in like
manner and for like cause as | ||||||
5 | a driver's license issued under this Code may be
cancelled, | ||||||
6 | revoked, or suspended; except that a conviction upon one or | ||||||
7 | more
offenses against laws or ordinances regulating the | ||||||
8 | movement of traffic
shall be deemed sufficient cause for | ||||||
9 | the revocation, suspension, or
cancellation of a | ||||||
10 | restricted driving permit. The Secretary of State may, as
a | ||||||
11 | condition to the issuance of a restricted driving permit, | ||||||
12 | require the
applicant to participate in a designated driver | ||||||
13 | remedial or rehabilitative
program. The Secretary of State | ||||||
14 | is authorized to cancel a restricted
driving permit if the | ||||||
15 | permit holder does not successfully complete the program.
| ||||||
16 | (c-5) The Secretary of State may, as a condition of the | ||||||
17 | reissuance of a
driver's license or permit to an applicant | ||||||
18 | whose driver's license or permit has
been suspended before he | ||||||
19 | or she reached the age of 18 years pursuant to any of
the | ||||||
20 | provisions of this Section, require the applicant to | ||||||
21 | participate in a
driver remedial education course and be | ||||||
22 | retested under Section 6-109 of this
Code.
| ||||||
23 | (d) This Section is subject to the provisions of the | ||||||
24 | Drivers License
Compact.
| ||||||
25 | (e) The Secretary of State shall not issue a restricted | ||||||
26 | driving permit to
a person under the age of 16 years whose |
| |||||||
| |||||||
1 | driving privileges have been suspended
or revoked under any | ||||||
2 | provisions of this Code.
| ||||||
3 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
4 | State may not issue a restricted driving permit for the | ||||||
5 | operation of a commercial motor vehicle to a person holding a | ||||||
6 | CDL whose driving privileges have been suspended or revoked | ||||||
7 | under any provisions of this Code. | ||||||
8 | (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | ||||||
9 | 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | ||||||
10 | 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
|