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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 Liquor Control Act of 1934 is amended by | ||||||
5 | changing Sections 4-4 and 6-20 as follows:
| ||||||
6 | (235 ILCS 5/4-4) (from Ch. 43, par. 112)
| ||||||
7 | Sec. 4-4. Each local liquor control commissioner shall also | ||||||
8 | have the
following powers, functions and duties with respect to | ||||||
9 | licenses, other than
licenses to manufacturers, importing | ||||||
10 | distributors, distributors, foreign
importers, non-resident | ||||||
11 | dealers, non-beverage users, brokers, railroads,
airplanes and | ||||||
12 | boats.
| ||||||
13 | 1. To grant and or suspend for not more than thirty | ||||||
14 | days or revoke for
cause all local licenses issued to | ||||||
15 | persons for premises within his
jurisdiction;
| ||||||
16 | 2. To enter or to authorize any law enforcing officer | ||||||
17 | to enter at any
time upon any premises licensed hereunder | ||||||
18 | to determine whether any of the
provisions of this Act or | ||||||
19 | any rules or regulations adopted by him or by the
State | ||||||
20 | Commission have been or are being violated, and at such | ||||||
21 | time to
examine said premises of said licensee in | ||||||
22 | connection therewith;
| ||||||
23 | 3. To notify the Secretary of State where a club |
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1 | incorporated under the
General Not for Profit Corporation | ||||||
2 | Act of 1986 or a foreign corporation
functioning
as a club | ||||||
3 | in this State under a certificate of authority issued under | ||||||
4 | that
Act has violated this Act by selling or offering for | ||||||
5 | sale at retail alcoholic
liquors without a retailer's | ||||||
6 | license;
| ||||||
7 | 4. To receive complaint from any citizen within his | ||||||
8 | jurisdiction that
any of the provisions of this Act, or any | ||||||
9 | rules or regulations adopted
pursuant hereto, have been or | ||||||
10 | are being violated and to act upon such
complaints in the | ||||||
11 | manner hereinafter provided;
| ||||||
12 | 5. To receive local license fees and pay the same | ||||||
13 | forthwith to the city,
village, town or county treasurer as | ||||||
14 | the case may be.
| ||||||
15 | Each local liquor commissioner also has the duty to notify
| ||||||
16 | the Secretary of State of any convictions or dispositions of | ||||||
17 | court supervision for a violation of Section 6-20 of
this Act | ||||||
18 | or a similar provision of a local ordinance.
| ||||||
19 | In counties and municipalities, the local liquor control
| ||||||
20 | commissioners shall also have the power to levy fines in | ||||||
21 | accordance with
Section 7-5 of this Act.
| ||||||
22 | (Source: P.A. 91-357, eff. 7-29-99; 92-804, eff. 1-1-03.)
| ||||||
23 | (235 ILCS 5/6-20) (from Ch. 43, par. 134a)
| ||||||
24 | Sec. 6-20. Transfer, possession, and consumption of | ||||||
25 | alcoholic liquor; restrictions.
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1 | (a) Any person to whom the sale, gift or delivery of any | ||||||
2 | alcoholic
liquor is prohibited because of age shall not | ||||||
3 | purchase, or accept a gift of
such alcoholic liquor or have | ||||||
4 | such alcoholic liquor in his possession.
| ||||||
5 | (b) If a licensee or his or her agents or employees | ||||||
6 | believes or has reason to
believe that a sale or delivery of | ||||||
7 | any alcoholic liquor is prohibited
because of the non-age of | ||||||
8 | the prospective recipient, he or she shall,
before
making such | ||||||
9 | sale or delivery demand presentation of some form of
positive | ||||||
10 | identification, containing proof of age, issued by a public
| ||||||
11 | officer in the performance of his or her official duties.
| ||||||
12 | (c) No person shall transfer, alter, or deface such an | ||||||
13 | identification
card; use the identification card of another; | ||||||
14 | carry or use a false or
forged identification card; or obtain | ||||||
15 | an identification card by means of
false information. | ||||||
16 | (d) No person shall purchase, accept delivery or have
| ||||||
17 | possession of alcoholic liquor in violation of this Section. | ||||||
18 | (e) The
consumption of alcoholic liquor by any person under | ||||||
19 | 21 years of age is
forbidden. | ||||||
20 | (f) Whoever violates any provisions of this Section shall | ||||||
21 | be
guilty of a Class A misdemeanor.
| ||||||
22 | (g) The possession and dispensing, or consumption by a | ||||||
23 | person under 21 years
of age of alcoholic liquor in the | ||||||
24 | performance of a religious
service or ceremony, or the | ||||||
25 | consumption by a person under 21 years of
age under the direct | ||||||
26 | supervision and approval of the parents
or parent or those |
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| |||||||
1 | persons standing in loco parentis of such person
under 21 years | ||||||
2 | of age in the privacy of a home, is not
prohibited by this Act.
| ||||||
3 | (Source: P.A. 90-432, eff. 1-1-98.)
| ||||||
4 | Section 10. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 6-206 as follows:
| ||||||
6 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||||||
7 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
8 | license or
permit; Right to a hearing.
| ||||||
9 | (a) The Secretary of State is authorized to suspend or | ||||||
10 | revoke the
driving privileges of any person without preliminary | ||||||
11 | hearing upon a showing
of the person's records or other | ||||||
12 | sufficient evidence that
the person:
| ||||||
13 | 1. Has committed an offense for which mandatory | ||||||
14 | revocation of
a driver's license or permit is required upon | ||||||
15 | conviction;
| ||||||
16 | 2. Has been convicted of not less than 3 offenses | ||||||
17 | against traffic
regulations governing the movement of | ||||||
18 | vehicles committed within any 12
month period. No | ||||||
19 | revocation or suspension shall be entered more than
6 | ||||||
20 | months after the date of last conviction;
| ||||||
21 | 3. Has been repeatedly involved as a driver in motor | ||||||
22 | vehicle
collisions or has been repeatedly convicted of | ||||||
23 | offenses against laws and
ordinances regulating the | ||||||
24 | movement of traffic, to a degree that
indicates lack of |
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| |||||||
1 | ability to exercise ordinary and reasonable care in
the | ||||||
2 | safe operation of a motor vehicle or disrespect for the | ||||||
3 | traffic laws
and the safety of other persons upon the | ||||||
4 | highway;
| ||||||
5 | 4. Has by the unlawful operation of a motor vehicle | ||||||
6 | caused or
contributed to an accident resulting in death or | ||||||
7 | injury requiring
immediate professional treatment in a | ||||||
8 | medical facility or doctor's office
to any person, except | ||||||
9 | that any suspension or revocation imposed by the
Secretary | ||||||
10 | of State under the provisions of this subsection shall | ||||||
11 | start no
later than 6 months after being convicted of | ||||||
12 | violating a law or
ordinance regulating the movement of | ||||||
13 | traffic, which violation is related
to the accident, or | ||||||
14 | shall start not more than one year
after
the date of the | ||||||
15 | accident, whichever date occurs later;
| ||||||
16 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
17 | driver's
license, identification card, or permit;
| ||||||
18 | 6. Has been lawfully convicted of an offense or | ||||||
19 | offenses in another
state, including the authorization | ||||||
20 | contained in Section 6-203.1, which
if committed within | ||||||
21 | this State would be grounds for suspension or revocation;
| ||||||
22 | 7. Has refused or failed to submit to an examination | ||||||
23 | provided for by
Section 6-207 or has failed to pass the | ||||||
24 | examination;
| ||||||
25 | 8. Is ineligible for a driver's license or permit under | ||||||
26 | the provisions
of Section 6-103;
|
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| |||||||
1 | 9. Has made a false statement or knowingly concealed a | ||||||
2 | material fact
or has used false information or | ||||||
3 | identification in any application for a
license, | ||||||
4 | identification card, or permit;
| ||||||
5 | 10. Has possessed, displayed, or attempted to | ||||||
6 | fraudulently use any
license, identification card, or | ||||||
7 | permit not issued to the person;
| ||||||
8 | 11. Has operated a motor vehicle upon a highway of this | ||||||
9 | State when
the person's driving privilege or privilege to | ||||||
10 | obtain a driver's license
or permit was revoked or | ||||||
11 | suspended unless the operation was authorized by
a judicial | ||||||
12 | driving permit, probationary license to drive, or a | ||||||
13 | restricted
driving permit issued under this Code;
| ||||||
14 | 12. Has submitted to any portion of the application | ||||||
15 | process for
another person or has obtained the services of | ||||||
16 | another person to submit to
any portion of the application | ||||||
17 | process for the purpose of obtaining a
license, | ||||||
18 | identification card, or permit for some other person;
| ||||||
19 | 13. Has operated a motor vehicle upon a highway of this | ||||||
20 | State when
the person's driver's license or permit was | ||||||
21 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
22 | 14. Has committed a violation of Section 6-301, | ||||||
23 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
24 | of the Illinois Identification Card
Act;
| ||||||
25 | 15. Has been convicted of violating Section 21-2 of the | ||||||
26 | Criminal Code
of 1961 relating to criminal trespass to |
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| |||||||
1 | vehicles in which case, the suspension
shall be for one | ||||||
2 | year;
| ||||||
3 | 16. Has been convicted of violating Section 11-204 of | ||||||
4 | this Code relating
to fleeing from a peace officer;
| ||||||
5 | 17. Has refused to submit to a test, or tests, as | ||||||
6 | required under Section
11-501.1 of this Code and the person | ||||||
7 | has not sought a hearing as
provided for in Section | ||||||
8 | 11-501.1;
| ||||||
9 | 18. Has, since issuance of a driver's license or | ||||||
10 | permit, been adjudged
to be afflicted with or suffering | ||||||
11 | from any mental disability or disease;
| ||||||
12 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
13 | of Section 6-101
relating to driving without a driver's | ||||||
14 | license;
| ||||||
15 | 20. Has been convicted of violating Section 6-104 | ||||||
16 | relating to
classification of driver's license;
| ||||||
17 | 21. Has been convicted of violating Section 11-402 of
| ||||||
18 | this Code relating to leaving the scene of an accident | ||||||
19 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
20 | which case the suspension shall be
for one year;
| ||||||
21 | 22. Has used a motor vehicle in violating paragraph | ||||||
22 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
23 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
24 | weapons, in which case the suspension shall be for one
| ||||||
25 | year;
| ||||||
26 | 23. Has, as a driver, been convicted of committing a |
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| |||||||
1 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
2 | for a second or subsequent
time within one year of a | ||||||
3 | similar violation;
| ||||||
4 | 24. Has been convicted by a court-martial or punished | ||||||
5 | by non-judicial
punishment by military authorities of the | ||||||
6 | United States at a military
installation in Illinois of or | ||||||
7 | for a traffic related offense that is the
same as or | ||||||
8 | similar to an offense specified under Section 6-205 or | ||||||
9 | 6-206 of
this Code;
| ||||||
10 | 25. Has permitted any form of identification to be used | ||||||
11 | by another in
the application process in order to obtain or | ||||||
12 | attempt to obtain a license,
identification card, or | ||||||
13 | permit;
| ||||||
14 | 26. Has altered or attempted to alter a license or has | ||||||
15 | possessed an
altered license, identification card, or | ||||||
16 | permit;
| ||||||
17 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
18 | of 1934;
| ||||||
19 | 28. Has been convicted of the illegal possession, while | ||||||
20 | operating or
in actual physical control, as a driver, of a | ||||||
21 | motor vehicle, of any
controlled substance prohibited | ||||||
22 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
23 | prohibited under the Cannabis Control
Act, or any | ||||||
24 | methamphetamine prohibited under the Methamphetamine | ||||||
25 | Control and Community Protection Act, in which case the | ||||||
26 | person's driving privileges shall be suspended for
one |
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| |||||||
1 | year, and any driver who is convicted of a second or | ||||||
2 | subsequent
offense, within 5 years of a previous | ||||||
3 | conviction, for the illegal
possession, while operating or | ||||||
4 | in actual physical control, as a driver, of
a motor | ||||||
5 | vehicle, of any controlled substance prohibited under the | ||||||
6 | Illinois Controlled Substances Act, any cannabis
| ||||||
7 | prohibited under the Cannabis Control Act, or any | ||||||
8 | methamphetamine prohibited under the Methamphetamine | ||||||
9 | Control and Community Protection Act shall be suspended for | ||||||
10 | 5 years.
Any defendant found guilty of this offense while | ||||||
11 | operating a motor vehicle,
shall have an entry made in the | ||||||
12 | court record by the presiding judge that
this offense did | ||||||
13 | occur while the defendant was operating a motor vehicle
and | ||||||
14 | order the clerk of the court to report the violation to the | ||||||
15 | Secretary
of State;
| ||||||
16 | 29. Has been convicted of the following offenses that | ||||||
17 | were committed
while the person was operating or in actual | ||||||
18 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
19 | sexual assault,
predatory criminal sexual assault of a | ||||||
20 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
21 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
22 | soliciting for a juvenile prostitute and the manufacture, | ||||||
23 | sale or
delivery of controlled substances or instruments | ||||||
24 | used for illegal drug use
or abuse in which case the | ||||||
25 | driver's driving privileges shall be suspended
for one | ||||||
26 | year;
|
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| |||||||
1 | 30. Has been convicted a second or subsequent time for | ||||||
2 | any
combination of the offenses named in paragraph 29 of | ||||||
3 | this subsection,
in which case the person's driving | ||||||
4 | privileges shall be suspended for 5
years;
| ||||||
5 | 31. Has refused to submit to a test as
required by | ||||||
6 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
7 | alcohol concentration of 0.08 or more or any amount of a | ||||||
8 | drug, substance, or
compound resulting from the unlawful | ||||||
9 | use or consumption of cannabis as listed
in the Cannabis | ||||||
10 | Control Act, a controlled substance as listed in the | ||||||
11 | Illinois
Controlled Substances Act, or an intoxicating | ||||||
12 | compound as listed in the Use of
Intoxicating Compounds | ||||||
13 | Act, in which case the penalty shall be
as prescribed in | ||||||
14 | Section 6-208.1;
| ||||||
15 | 32. Has been convicted of Section 24-1.2 of the | ||||||
16 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
17 | of a firearm if the offender was
located in a motor vehicle | ||||||
18 | at the time the firearm was discharged, in which
case the | ||||||
19 | suspension shall be for 3 years;
| ||||||
20 | 33. Has as a driver, who was less than 21 years of age | ||||||
21 | on the date of
the offense, been convicted a first time of | ||||||
22 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
23 | or a similar provision of a local ordinance;
| ||||||
24 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
25 | this Code;
| ||||||
26 | 35. Has committed a violation of Section 11-1301.6 of |
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| |||||||
1 | this Code;
| ||||||
2 | 36. Is under the age of 21 years at the time of arrest | ||||||
3 | and has been
convicted of not less than 2 offenses against | ||||||
4 | traffic regulations governing
the movement of vehicles | ||||||
5 | committed within any 24 month period. No revocation
or | ||||||
6 | suspension shall be entered more than 6 months after the | ||||||
7 | date of last
conviction;
| ||||||
8 | 37. Has committed a violation of subsection (c) of | ||||||
9 | Section 11-907 of this
Code;
| ||||||
10 | 38. Has been convicted of a violation of Section 6-20 | ||||||
11 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
12 | a local ordinance;
| ||||||
13 | 39. Has committed a second or subsequent violation of | ||||||
14 | Section
11-1201 of this Code;
| ||||||
15 | 40. Has committed a violation of subsection (a-1) of | ||||||
16 | Section 11-908 of
this Code; | ||||||
17 | 41. Has committed a second or subsequent violation of | ||||||
18 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
19 | the previous violation, in which case the suspension shall | ||||||
20 | be for 90 days; or | ||||||
21 | 42. Has committed a violation of subsection (a-1) of | ||||||
22 | Section 11-1301.3 of this Code ; or
.
| ||||||
23 | 43. Has received a disposition of court supervision for | ||||||
24 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
25 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
26 | a local ordinance, in which case the suspension shall be |
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| |||||||
1 | for a period of 3 months.
| ||||||
2 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
3 | and 27 of this
subsection, license means any driver's license, | ||||||
4 | any traffic ticket issued when
the person's driver's license is | ||||||
5 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
6 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
7 | a probationary driver's license or a temporary driver's | ||||||
8 | license.
| ||||||
9 | (b) If any conviction forming the basis of a suspension or
| ||||||
10 | revocation authorized under this Section is appealed, the
| ||||||
11 | Secretary of State may rescind or withhold the entry of the | ||||||
12 | order of suspension
or revocation, as the case may be, provided | ||||||
13 | that a certified copy of a stay
order of a court is filed with | ||||||
14 | the Secretary of State. If the conviction is
affirmed on | ||||||
15 | appeal, the date of the conviction shall relate back to the | ||||||
16 | time
the original judgment of conviction was entered and the 6 | ||||||
17 | month limitation
prescribed shall not apply.
| ||||||
18 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
19 | permit of
any person as authorized in this Section, the | ||||||
20 | Secretary of State shall
immediately notify the person in | ||||||
21 | writing of the revocation or suspension.
The notice to be | ||||||
22 | deposited in the United States mail, postage prepaid,
to | ||||||
23 | the last known address of the person.
| ||||||
24 | 2. If the Secretary of State suspends the driver's | ||||||
25 | license
of a person under subsection 2 of paragraph (a) of | ||||||
26 | this Section, a
person's privilege to operate a vehicle as |
| |||||||
| |||||||
1 | an occupation shall not be
suspended, provided an affidavit | ||||||
2 | is properly completed, the appropriate fee
received, and a | ||||||
3 | permit issued prior to the effective date of the
| ||||||
4 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
5 | which occurred
while operating a commercial vehicle in | ||||||
6 | connection with the driver's
regular occupation. All other | ||||||
7 | driving privileges shall be suspended by the
Secretary of | ||||||
8 | State. Any driver prior to operating a vehicle for
| ||||||
9 | occupational purposes only must submit the affidavit on | ||||||
10 | forms to be
provided by the Secretary of State setting | ||||||
11 | forth the facts of the person's
occupation. The affidavit | ||||||
12 | shall also state the number of offenses
committed while | ||||||
13 | operating a vehicle in connection with the driver's regular
| ||||||
14 | occupation. The affidavit shall be accompanied by the | ||||||
15 | driver's license.
Upon receipt of a properly completed | ||||||
16 | affidavit, the Secretary of State
shall issue the driver a | ||||||
17 | permit to operate a vehicle in connection with the
driver's | ||||||
18 | regular occupation only. Unless the permit is issued by the
| ||||||
19 | Secretary of State prior to the date of suspension, the | ||||||
20 | privilege to drive
any motor vehicle shall be suspended as | ||||||
21 | set forth in the notice that was
mailed under this Section. | ||||||
22 | If an affidavit is received subsequent to the
effective | ||||||
23 | date of this suspension, a permit may be issued for the | ||||||
24 | remainder
of the suspension period.
| ||||||
25 | The provisions of this subparagraph shall not apply to | ||||||
26 | any driver
required to possess a CDL for the purpose of |
| |||||||
| |||||||
1 | operating a commercial motor vehicle.
| ||||||
2 | Any person who falsely states any fact in the affidavit | ||||||
3 | required
herein shall be guilty of perjury under Section | ||||||
4 | 6-302 and upon conviction
thereof shall have all driving | ||||||
5 | privileges revoked without further rights.
| ||||||
6 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
7 | of this Code,
the Secretary of State shall either rescind | ||||||
8 | or continue an order of
revocation or shall substitute an | ||||||
9 | order of suspension; or, good
cause appearing therefor, | ||||||
10 | rescind, continue, change, or extend the
order of | ||||||
11 | suspension. If the Secretary of State does not rescind the | ||||||
12 | order,
the Secretary may upon application,
to relieve undue | ||||||
13 | hardship, issue
a restricted driving permit granting the | ||||||
14 | privilege of driving a motor
vehicle between the | ||||||
15 | petitioner's residence and petitioner's place of
| ||||||
16 | employment or within the scope of his employment related | ||||||
17 | duties, or to
allow transportation for the petitioner, or a | ||||||
18 | household member of the
petitioner's family, to receive | ||||||
19 | necessary medical care and if the
professional evaluation | ||||||
20 | indicates, provide transportation for alcohol
remedial or | ||||||
21 | rehabilitative activity, or for the petitioner to attend
| ||||||
22 | classes, as a student, in an accredited educational | ||||||
23 | institution; if the
petitioner is able to demonstrate that | ||||||
24 | no alternative means of
transportation is reasonably | ||||||
25 | available and the petitioner will not endanger
the public | ||||||
26 | safety or welfare.
|
| |||||||
| |||||||
1 | If a person's license or permit has been revoked or | ||||||
2 | suspended due to 2
or more convictions of violating Section | ||||||
3 | 11-501 of this Code or a similar
provision of a local | ||||||
4 | ordinance or a similar out-of-state offense, arising out
of | ||||||
5 | separate occurrences, that person, if issued a restricted | ||||||
6 | driving permit,
may not operate a vehicle unless it has | ||||||
7 | been equipped with an ignition
interlock device as defined | ||||||
8 | in Section 1-129.1.
| ||||||
9 | If a person's license or permit has been revoked or | ||||||
10 | suspended 2 or more
times within a 10 year period due to a | ||||||
11 | single conviction of violating Section
11-501 of this Code | ||||||
12 | or a similar provision of a local ordinance or a similar
| ||||||
13 | out-of-state offense, and a statutory summary suspension | ||||||
14 | under Section
11-501.1, or 2 or more statutory summary | ||||||
15 | suspensions, or combination of 2
offenses, or of an offense | ||||||
16 | and a statutory summary suspension, arising out of
separate | ||||||
17 | occurrences, that person, if issued a restricted driving | ||||||
18 | permit, may
not operate a vehicle unless it has been
| ||||||
19 | equipped with an ignition interlock device as defined in | ||||||
20 | Section 1-129.1.
The person must pay to the Secretary of | ||||||
21 | State DUI Administration Fund an amount
not to exceed $20 | ||||||
22 | per month. The Secretary shall establish by rule the amount
| ||||||
23 | and the procedures, terms, and conditions relating to these | ||||||
24 | fees. If the
restricted driving permit was issued for | ||||||
25 | employment purposes, then this
provision does not apply to | ||||||
26 | the operation of an occupational vehicle owned or
leased by |
| |||||||
| |||||||
1 | that person's employer. In each case the Secretary may | ||||||
2 | issue a
restricted driving permit for a period deemed | ||||||
3 | appropriate, except that all
permits shall expire within | ||||||
4 | one year from the date of issuance. The Secretary
may not, | ||||||
5 | however, issue a restricted driving permit to any person | ||||||
6 | whose current
revocation is the result of a second or | ||||||
7 | subsequent conviction for a violation
of Section 11-501 of | ||||||
8 | this Code or a similar provision of a local ordinance
| ||||||
9 | relating to the offense of operating or being in physical | ||||||
10 | control of a motor
vehicle while under the influence of | ||||||
11 | alcohol, other drug or drugs, intoxicating
compound or | ||||||
12 | compounds, or any similar out-of-state offense, or any | ||||||
13 | combination
of those offenses, until the expiration of at | ||||||
14 | least one year from the date of
the revocation. A
| ||||||
15 | restricted driving permit issued under this Section shall | ||||||
16 | be subject to
cancellation, revocation, and suspension by | ||||||
17 | the Secretary of State in like
manner and for like cause as | ||||||
18 | a driver's license issued under this Code may be
cancelled, | ||||||
19 | revoked, or suspended; except that a conviction upon one or | ||||||
20 | more
offenses against laws or ordinances regulating the | ||||||
21 | movement of traffic
shall be deemed sufficient cause for | ||||||
22 | the revocation, suspension, or
cancellation of a | ||||||
23 | restricted driving permit. The Secretary of State may, as
a | ||||||
24 | condition to the issuance of a restricted driving permit, | ||||||
25 | require the
applicant to participate in a designated driver | ||||||
26 | remedial or rehabilitative
program. The Secretary of State |
| |||||||
| |||||||
1 | is authorized to cancel a restricted
driving permit if the | ||||||
2 | permit holder does not successfully complete the program.
| ||||||
3 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
4 | subsection (a), reports received by the Secretary of State | ||||||
5 | under this Section shall, except during the actual time the | ||||||
6 | suspension is in effect, be privileged information and for use | ||||||
7 | only by the courts, police officers, prosecuting authorities, | ||||||
8 | driver licensing administrator of any other state, or the | ||||||
9 | Secretary of State. However, beginning January 1, 2008, if the | ||||||
10 | person is a CDL holder, the suspension shall also be made | ||||||
11 | available to the driver licensing administrator of any other | ||||||
12 | state, the U.S. Department of Transportation, and the affected | ||||||
13 | driver or motor
carrier or prospective motor carrier upon | ||||||
14 | request.
| ||||||
15 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
16 | subsection (a), the Secretary of State shall notify the person | ||||||
17 | by mail that his or her driving privileges and driver's license | ||||||
18 | will be suspended one month after the date of the mailing of | ||||||
19 | the notice.
| ||||||
20 | (c-5) The Secretary of State may, as a condition of the | ||||||
21 | reissuance of a
driver's license or permit to an applicant | ||||||
22 | whose driver's license or permit has
been suspended before he | ||||||
23 | or she reached the age of 18 years pursuant to any of
the | ||||||
24 | provisions of this Section, require the applicant to | ||||||
25 | participate in a
driver remedial education course and be | ||||||
26 | retested under Section 6-109 of this
Code.
|
| |||||||
| |||||||
1 | (d) This Section is subject to the provisions of the | ||||||
2 | Drivers License
Compact.
| ||||||
3 | (e) The Secretary of State shall not issue a restricted | ||||||
4 | driving permit to
a person under the age of 16 years whose | ||||||
5 | driving privileges have been suspended
or revoked under any | ||||||
6 | provisions of this Code.
| ||||||
7 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
8 | State may not issue a restricted driving permit for the | ||||||
9 | operation of a commercial motor vehicle to a person holding a | ||||||
10 | CDL whose driving privileges have been suspended or revoked | ||||||
11 | under any provisions of this Code. | ||||||
12 | (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | ||||||
13 | 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | ||||||
14 | 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
| ||||||
15 | Section 99. Effective date. This Act takes effect January | ||||||
16 | 1, 2008. |