Judiciary II - Criminal Law Committee
Filed: 3/6/2008
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1 | AMENDMENT TO HOUSE BILL 4738
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2 | AMENDMENT NO. ______. Amend House Bill 4738 on page 1, by | ||||||
3 | inserting immediately below line 3 the following:
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4 | "Section 2. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 6-205 as follows:
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6 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
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7 | (Text of Section after amendment by P.A. 95-337 and 95-627 ) | ||||||
8 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
9 | Hardship cases.
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10 | (a) Except as provided in this Section, the Secretary of | ||||||
11 | State shall
immediately revoke the license, permit, or driving | ||||||
12 | privileges of
any driver upon receiving a
report of the | ||||||
13 | driver's conviction of any of the following offenses:
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14 | 1. Reckless homicide resulting from the operation of a | ||||||
15 | motor vehicle;
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16 | 2. Violation of Section 11-501 of this Code or a |
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1 | similar provision of
a local ordinance relating to the | ||||||
2 | offense of operating or being in physical
control of a | ||||||
3 | vehicle while under the influence of alcohol, other drug or
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4 | drugs, intoxicating compound or compounds, or any | ||||||
5 | combination thereof;
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6 | 3. Any felony under the laws of any State or the | ||||||
7 | federal government
in the commission of which a motor | ||||||
8 | vehicle was used;
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9 | 4. Violation of Section 11-401 of this Code relating to | ||||||
10 | the offense of
leaving the scene of a traffic accident | ||||||
11 | involving death or personal injury;
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12 | 5. Perjury or the making of a false affidavit or | ||||||
13 | statement under
oath to the Secretary of State under this | ||||||
14 | Code or under any
other law relating to the ownership or | ||||||
15 | operation of motor vehicles;
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16 | 6. Conviction upon 3 charges of violation of Section | ||||||
17 | 11-503 of this
Code relating to the offense of reckless | ||||||
18 | driving committed within a
period of 12 months;
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19 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
20 | of this Code;
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21 | 8. Violation of Section 11-504 of this Code relating to | ||||||
22 | the offense
of drag racing;
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23 | 9. Violation of Chapters 8 and 9 of this Code;
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24 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
25 | 1961 arising from
the use of a motor vehicle;
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26 | 11. Violation of Section 11-204.1 of this Code relating |
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1 | to aggravated
fleeing or attempting to elude a peace | ||||||
2 | officer;
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3 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
4 | Section 6-507,
or a similar law of any other state, | ||||||
5 | relating to the
unlawful operation of a commercial motor | ||||||
6 | vehicle;
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7 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
8 | this Code or a
similar provision of a local ordinance if | ||||||
9 | the driver has been previously
convicted of a violation of | ||||||
10 | that Section or a similar provision of a local
ordinance | ||||||
11 | and the driver was less than 21 years of age at the time of | ||||||
12 | the
offense;
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13 | 14. Violation of Section 11-506 of this Code or a | ||||||
14 | similar provision of a local ordinance relating to the | ||||||
15 | offense of street racing ; .
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16 | 15. Violation of Section 9-3.4 of the Criminal Code of | ||||||
17 | 1961 relating to the offense of negligent vehicular | ||||||
18 | homicide. | ||||||
19 | (b) The Secretary of State shall also immediately revoke | ||||||
20 | the license
or permit of any driver in the following | ||||||
21 | situations:
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22 | 1. Of any minor upon receiving the notice provided for | ||||||
23 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
24 | minor has been
adjudicated under that Act as having | ||||||
25 | committed an offense relating to
motor vehicles prescribed | ||||||
26 | in Section 4-103 of this Code;
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1 | 2. Of any person when any other law of this State | ||||||
2 | requires either the
revocation or suspension of a license | ||||||
3 | or permit;
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4 | 3. Of any person adjudicated under the Juvenile Court | ||||||
5 | Act of 1987 based on an offense determined to have been | ||||||
6 | committed in furtherance of the criminal activities of an | ||||||
7 | organized gang as provided in Section 5-710 of that Act, | ||||||
8 | and that involved the operation or use of a motor vehicle | ||||||
9 | or the use of a driver's license or permit. The revocation | ||||||
10 | shall remain in effect for the period determined by the | ||||||
11 | court. Upon the direction of the court, the Secretary shall | ||||||
12 | issue the person a judicial driving permit, also known as a | ||||||
13 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
14 | issued under Section 6-206.1, except that the court may | ||||||
15 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
16 | effective immediately.
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17 | (c)(1) Except as provided in subsection (c-5), whenever a | ||||||
18 | person is convicted of any of the offenses enumerated in
this | ||||||
19 | Section, the court may recommend and the Secretary of State in | ||||||
20 | his
discretion, without regard to whether the recommendation is | ||||||
21 | made by the
court may, upon application,
issue to the person a
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22 | restricted driving permit granting the privilege of driving a | ||||||
23 | motor
vehicle between the petitioner's residence and | ||||||
24 | petitioner's place
of employment or within the scope of the | ||||||
25 | petitioner's employment related
duties, or to allow | ||||||
26 | transportation for the petitioner or a household member
of the |
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1 | petitioner's family for the receipt of necessary medical care | ||||||
2 | or , provide transportation for the
petitioner to and from | ||||||
3 | alcohol or drug remedial or rehabilitative activity | ||||||
4 | recommended by a licensed service provider, or for the
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5 | petitioner to attend classes, as a student, in an accredited | ||||||
6 | educational
institution; if the petitioner is able to | ||||||
7 | demonstrate that no alternative means
of transportation is | ||||||
8 | reasonably available and that the petitioner will not endanger
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9 | the public safety or welfare; provided that the Secretary's | ||||||
10 | discretion shall be
limited to cases where undue hardship, as | ||||||
11 | defined by the rules of the Secretary of State, would result | ||||||
12 | from a failure to issue the
restricted driving permit. Those | ||||||
13 | multiple offenders identified in subdivision (b)4 of Section | ||||||
14 | 6-208 of this Code, however, shall not be eligible for the | ||||||
15 | issuance of a restricted driving permit.
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16 | (2) If a person's license or permit is revoked or | ||||||
17 | suspended due to 2 or
more convictions of violating Section | ||||||
18 | 11-501 of this Code or a similar
provision of a local | ||||||
19 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
20 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
21 | other drugs is recited as an element of the offense, or a | ||||||
22 | similar out-of-state offense, or a combination of these | ||||||
23 | offenses, arising out
of separate occurrences, that | ||||||
24 | person, if issued a restricted driving permit,
may not | ||||||
25 | operate a vehicle unless it has been equipped with an | ||||||
26 | ignition
interlock device as defined in Section 1-129.1.
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1 | (3) If :
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2 | (A) a person's license or permit is revoked or | ||||||
3 | suspended 2 or more
times within a 10 year period due | ||||||
4 | to any combination of: | ||||||
5 | (i)
(A) a single conviction of violating | ||||||
6 | Section
11-501 of this Code or a similar provision | ||||||
7 | of a local ordinance or a similar
out-of-state | ||||||
8 | offense, or Section 9-3 of the Criminal Code of | ||||||
9 | 1961, where the use of alcohol or other drugs is | ||||||
10 | recited as an element of the offense, or a similar | ||||||
11 | out-of-state offense; or | ||||||
12 | (ii)
(B) a statutory summary suspension under | ||||||
13 | Section
11-501.1; or | ||||||
14 | (iii)
(C) a suspension pursuant to Section | ||||||
15 | 6-203.1 ; ,
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16 | arising out of
separate occurrences ; , or | ||||||
17 | (B)
if a person has been convicted of one violation | ||||||
18 | of Section 6-303 of this Code committed while his or | ||||||
19 | her driver's license, permit, or privilege was revoked | ||||||
20 | because of a violation of Section 9-3 of the Criminal | ||||||
21 | Code of 1961, relating to the offense of reckless | ||||||
22 | homicide, or a similar provision of a law of another | ||||||
23 | state ; , | ||||||
24 | that person, if issued a restricted
driving permit, may not | ||||||
25 | operate a vehicle unless it has been equipped with an
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26 | ignition interlock device as defined in Section 1-129.1. |
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1 | (4)
The person must pay to the Secretary of State DUI | ||||||
2 | Administration Fund an amount
not to exceed $20 per month. | ||||||
3 | The Secretary shall establish by rule the amount
and the | ||||||
4 | procedures, terms, and conditions relating to these fees. | ||||||
5 | (5)
If the restricted driving permit is issued for | ||||||
6 | employment purposes, then
the prohibition against | ||||||
7 | operating a motor vehicle that is not equipped with an | ||||||
8 | ignition interlock device does not apply to the operation | ||||||
9 | of an occupational vehicle
owned or leased by that person's | ||||||
10 | employer when used solely for employment purposes. | ||||||
11 | (6)
In each case the Secretary of State may issue a
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12 | restricted driving permit for a period he deems | ||||||
13 | appropriate, except that the
permit shall expire within one | ||||||
14 | year from the date of issuance. The Secretary
may not, | ||||||
15 | however, issue a restricted driving permit to any person | ||||||
16 | whose current
revocation is the result of a second or | ||||||
17 | subsequent conviction for a violation
of Section 11-501 of | ||||||
18 | this Code or a similar provision of a local ordinance
or | ||||||
19 | any similar out-of-state offense, or Section 9-3 of the | ||||||
20 | Criminal Code of 1961, where the use of alcohol or other | ||||||
21 | drugs is recited as an element of the offense, or any | ||||||
22 | similar out-of-state offense, or any combination of these | ||||||
23 | offenses, until the expiration of at least one year from | ||||||
24 | the date of the
revocation. A restricted
driving permit | ||||||
25 | issued under this Section shall be
subject to cancellation, | ||||||
26 | revocation, and suspension by the Secretary of
State in |
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1 | like manner and for like cause as a driver's license issued
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2 | under this Code may be cancelled, revoked, or
suspended; | ||||||
3 | except that a conviction upon one or more offenses against | ||||||
4 | laws or
ordinances regulating the movement of traffic shall | ||||||
5 | be deemed sufficient cause
for the revocation, suspension, | ||||||
6 | or cancellation of a restricted driving permit.
The | ||||||
7 | Secretary of State may, as a condition to the issuance of a | ||||||
8 | restricted
driving permit, require the petitioner to | ||||||
9 | participate in a designated driver
remedial or | ||||||
10 | rehabilitative program. The Secretary of State is | ||||||
11 | authorized to
cancel a restricted driving permit if the | ||||||
12 | permit holder does not successfully
complete the program. | ||||||
13 | However, if an individual's driving privileges have been
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14 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
15 | of this Section, no
restricted driving permit shall be | ||||||
16 | issued until the individual has served 6
months of the | ||||||
17 | revocation period.
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18 | (c-5) The Secretary may not issue a restricted driving | ||||||
19 | permit to any person who has been convicted of a second or | ||||||
20 | subsequent violation of Section 6-303 of this Code committed | ||||||
21 | while his or her driver's license, permit, or privilege was | ||||||
22 | revoked because of a violation of Section 9-3 of the Criminal | ||||||
23 | Code of 1961, relating to the offense of reckless homicide, or | ||||||
24 | a similar provision of a law of another state.
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25 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
26 | under Section
11-501 of this Code or a similar provision of a |
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1 | local ordinance , or a similar out-of-state offense, the
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2 | Secretary of State shall revoke the driving privileges of that | ||||||
3 | person. One
year after the date of revocation, and upon | ||||||
4 | application, the Secretary of
State may, if satisfied that the | ||||||
5 | person applying will not endanger the
public safety or welfare, | ||||||
6 | issue a restricted driving permit granting the
privilege of | ||||||
7 | driving a motor vehicle only between the hours of 5 a.m. and 9
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8 | p.m. or as otherwise provided by this Section for a period of | ||||||
9 | one year.
After this one year period, and upon reapplication | ||||||
10 | for a license as
provided in Section 6-106, upon payment of the | ||||||
11 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
12 | Section 6-118, the Secretary of State,
in his discretion, may
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13 | reinstate the petitioner's driver's license and driving | ||||||
14 | privileges, or extend the restricted driving permit as many | ||||||
15 | times as the
Secretary of State deems appropriate, by | ||||||
16 | additional periods of not more than
12 months each.
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17 | (2) If a person's license or permit is revoked or | ||||||
18 | suspended due to 2 or
more convictions of violating Section | ||||||
19 | 11-501 of this Code or a similar
provision of a local | ||||||
20 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
21 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
22 | other drugs is recited as an element of the offense, or a | ||||||
23 | similar out-of-state offense, or a combination of these | ||||||
24 | offenses, arising out
of separate occurrences, that | ||||||
25 | person, if issued a restricted driving permit,
may not | ||||||
26 | operate a vehicle unless it has been equipped with an |
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1 | ignition
interlock device as defined in Section 1-129.1.
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2 | (3) If a person's license or permit is revoked or | ||||||
3 | suspended 2 or more times
within a 10 year period due to | ||||||
4 | any combination of: | ||||||
5 | (A) a single conviction of violating Section | ||||||
6 | 11-501
of this
Code or a similar provision of a local | ||||||
7 | ordinance or a similar out-of-state
offense, or | ||||||
8 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
9 | of alcohol or other drugs is recited as an element of | ||||||
10 | the offense, or a similar out-of-state offense; or | ||||||
11 | (B)
a statutory summary suspension under Section | ||||||
12 | 11-501.1; or | ||||||
13 | (C) a suspension pursuant to Section 6-203.1 ; , | ||||||
14 | arising out of separate occurrences, that person, if issued | ||||||
15 | a
restricted
driving permit, may not operate a vehicle | ||||||
16 | unless it has been equipped with an
ignition interlock | ||||||
17 | device as defined in Section 1-129.1. | ||||||
18 | (4)
The person must pay to the Secretary of State DUI | ||||||
19 | Administration Fund an amount
not to exceed $20 per month. | ||||||
20 | The Secretary shall establish by rule the amount
and the | ||||||
21 | procedures, terms, and conditions relating to these fees. | ||||||
22 | (5)
If the restricted driving permit is issued for | ||||||
23 | employment purposes, then
the prohibition against driving | ||||||
24 | a vehicle that is not equipped with an ignition interlock | ||||||
25 | device does not apply to the operation of an occupational | ||||||
26 | vehicle
owned or leased by that person's employer when used |
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1 | solely for employment purposes. | ||||||
2 | (6) A
restricted driving permit issued under this | ||||||
3 | Section shall be subject to
cancellation, revocation, and | ||||||
4 | suspension by the Secretary of State in like
manner and for | ||||||
5 | like cause as a driver's license issued under this Code may | ||||||
6 | be
cancelled, revoked, or suspended; except that a | ||||||
7 | conviction upon one or more
offenses against laws or | ||||||
8 | ordinances regulating the movement of traffic
shall be | ||||||
9 | deemed sufficient cause for the revocation, suspension, or
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10 | cancellation of a restricted driving permit.
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11 | (d-5) The revocation of the license, permit, or driving | ||||||
12 | privileges of a person convicted of a third or subsequent | ||||||
13 | violation of Section 6-303 of this Code committed while his or | ||||||
14 | her driver's license, permit, or privilege was revoked because | ||||||
15 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
16 | relating to the offense of reckless homicide, or a similar | ||||||
17 | provision of a law of another state, is permanent. The | ||||||
18 | Secretary may not, at any time, issue a license or permit to | ||||||
19 | that person.
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20 | (e) This Section is subject to the provisions of the Driver | ||||||
21 | License
Compact.
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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.
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26 | (g) The Secretary of State shall not issue a restricted |
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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.
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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
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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.
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11 | (i) (Blank).
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12 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
13 | State may not issue a restricted driving permit for the | ||||||
14 | operation of a commercial motor vehicle to a person holding a | ||||||
15 | CDL whose driving privileges have been revoked, suspended, | ||||||
16 | cancelled, or disqualified under any provisions of this Code.
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17 | (Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08; | ||||||
18 | 95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07; | ||||||
19 | 95-627, eff. 6-1-08; revised 2-7-08.)".
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