95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2596

 

Introduced 2/15/2008, by Sen. William Delgado

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-206   from Ch. 95 1/2, par. 6-206
625 ILCS 5/11-507 new

    Amends the Illinois Vehicle Code. Creates the offense of infliction of serious physical injury or death to a vulnerable user of a public way. Provides that a person commits the offense of infliction of serious physical injury or death to a vulnerable user of a public way if the person (i) operates a vehicle upon a highway in this State in a careless or reckless manner and (ii) causes serious physical injury or death to a vulnerable user of a public way. Provides that infliction of serious physical injury or death to a vulnerable user of a public way is a Class A misdemeanor and carries a minimum fine of $12,500. Provides that any driver who is convicted of infliction of serious physical injury or death to a vulnerable user of a public way is subject to suspension of his or her driving privileges.


LRB095 15332 LCT 41320 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 6-206 and by adding Section 11-507 as follows:
 
6     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
7     (Text of Section after amendment by P.A. 95-400)
8     Sec. 6-206. Discretionary authority to suspend or revoke
9 license or permit; Right to a hearing.
10     (a) The Secretary of State is authorized to suspend or
11 revoke the driving privileges of any person without preliminary
12 hearing upon a showing of the person's records or other
13 sufficient evidence that the person:
14         1. Has committed an offense for which mandatory
15     revocation of a driver's license or permit is required upon
16     conviction;
17         2. Has been convicted of not less than 3 offenses
18     against traffic regulations governing the movement of
19     vehicles committed within any 12 month period. No
20     revocation or suspension shall be entered more than 6
21     months after the date of last conviction;
22         3. Has been repeatedly involved as a driver in motor
23     vehicle collisions or has been repeatedly convicted of

 

 

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1     offenses against laws and ordinances regulating the
2     movement of traffic, to a degree that indicates lack of
3     ability to exercise ordinary and reasonable care in the
4     safe operation of a motor vehicle or disrespect for the
5     traffic laws and the safety of other persons upon the
6     highway;
7         4. Has by the unlawful operation of a motor vehicle
8     caused or contributed to an accident resulting in death or
9     injury requiring immediate professional treatment in a
10     medical facility or doctor's office to any person, except
11     that any suspension or revocation imposed by the Secretary
12     of State under the provisions of this subsection shall
13     start no later than 6 months after being convicted of
14     violating a law or ordinance regulating the movement of
15     traffic, which violation is related to the accident, or
16     shall start not more than one year after the date of the
17     accident, whichever date occurs later;
18         5. Has permitted an unlawful or fraudulent use of a
19     driver's license, identification card, or permit;
20         6. Has been lawfully convicted of an offense or
21     offenses in another state, including the authorization
22     contained in Section 6-203.1, which if committed within
23     this State would be grounds for suspension or revocation;
24         7. Has refused or failed to submit to an examination
25     provided for by Section 6-207 or has failed to pass the
26     examination;

 

 

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1         8. Is ineligible for a driver's license or permit under
2     the provisions of Section 6-103;
3         9. Has made a false statement or knowingly concealed a
4     material fact or has used false information or
5     identification in any application for a license,
6     identification card, or permit;
7         10. Has possessed, displayed, or attempted to
8     fraudulently use any license, identification card, or
9     permit not issued to the person;
10         11. Has operated a motor vehicle upon a highway of this
11     State when the person's driving privilege or privilege to
12     obtain a driver's license or permit was revoked or
13     suspended unless the operation was authorized by a
14     monitoring device driving permit, judicial driving permit
15     issued prior to January 1, 2009 the effective date of this
16     amendatory Act of the 95th General Assembly, probationary
17     license to drive, or a restricted driving permit issued
18     under this Code;
19         12. Has submitted to any portion of the application
20     process for another person or has obtained the services of
21     another person to submit to any portion of the application
22     process for the purpose of obtaining a license,
23     identification card, or permit for some other person;
24         13. Has operated a motor vehicle upon a highway of this
25     State when the person's driver's license or permit was
26     invalid under the provisions of Sections 6-107.1 and 6-110;

 

 

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1         14. Has committed a violation of Section 6-301,
2     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
3     of the Illinois Identification Card Act;
4         15. Has been convicted of violating Section 21-2 of the
5     Criminal Code of 1961 relating to criminal trespass to
6     vehicles in which case, the suspension shall be for one
7     year;
8         16. Has been convicted of violating Section 11-204 of
9     this Code relating to fleeing from a peace officer;
10         17. Has refused to submit to a test, or tests, as
11     required under Section 11-501.1 of this Code and the person
12     has not sought a hearing as provided for in Section
13     11-501.1;
14         18. Has, since issuance of a driver's license or
15     permit, been adjudged to be afflicted with or suffering
16     from any mental disability or disease;
17         19. Has committed a violation of paragraph (a) or (b)
18     of Section 6-101 relating to driving without a driver's
19     license;
20         20. Has been convicted of violating Section 6-104
21     relating to classification of driver's license;
22         21. Has been convicted of violating Section 11-402 of
23     this Code relating to leaving the scene of an accident
24     resulting in damage to a vehicle in excess of $1,000, in
25     which case the suspension shall be for one year;
26         22. Has used a motor vehicle in violating paragraph

 

 

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1     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
2     the Criminal Code of 1961 relating to unlawful use of
3     weapons, in which case the suspension shall be for one
4     year;
5         23. Has, as a driver, been convicted of committing a
6     violation of paragraph (a) of Section 11-502 of this Code
7     for a second or subsequent time within one year of a
8     similar violation;
9         24. Has been convicted by a court-martial or punished
10     by non-judicial punishment by military authorities of the
11     United States at a military installation in Illinois of or
12     for a traffic related offense that is the same as or
13     similar to an offense specified under Section 6-205 or
14     6-206 of this Code;
15         25. Has permitted any form of identification to be used
16     by another in the application process in order to obtain or
17     attempt to obtain a license, identification card, or
18     permit;
19         26. Has altered or attempted to alter a license or has
20     possessed an altered license, identification card, or
21     permit;
22         27. Has violated Section 6-16 of the Liquor Control Act
23     of 1934;
24         28. Has been convicted of the illegal possession, while
25     operating or in actual physical control, as a driver, of a
26     motor vehicle, of any controlled substance prohibited

 

 

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1     under the Illinois Controlled Substances Act, any cannabis
2     prohibited under the Cannabis Control Act, or any
3     methamphetamine prohibited under the Methamphetamine
4     Control and Community Protection Act, in which case the
5     person's driving privileges shall be suspended for one
6     year, and any driver who is convicted of a second or
7     subsequent offense, within 5 years of a previous
8     conviction, for the illegal possession, while operating or
9     in actual physical control, as a driver, of a motor
10     vehicle, of any controlled substance prohibited under the
11     Illinois Controlled Substances Act, any cannabis
12     prohibited under the Cannabis Control Act, or any
13     methamphetamine prohibited under the Methamphetamine
14     Control and Community Protection Act shall be suspended for
15     5 years. Any defendant found guilty of this offense while
16     operating a motor vehicle, shall have an entry made in the
17     court record by the presiding judge that this offense did
18     occur while the defendant was operating a motor vehicle and
19     order the clerk of the court to report the violation to the
20     Secretary of State;
21         29. Has been convicted of the following offenses that
22     were committed while the person was operating or in actual
23     physical control, as a driver, of a motor vehicle: criminal
24     sexual assault, predatory criminal sexual assault of a
25     child, aggravated criminal sexual assault, criminal sexual
26     abuse, aggravated criminal sexual abuse, juvenile pimping,

 

 

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1     soliciting for a juvenile prostitute and the manufacture,
2     sale or delivery of controlled substances or instruments
3     used for illegal drug use or abuse in which case the
4     driver's driving privileges shall be suspended for one
5     year;
6         30. Has been convicted a second or subsequent time for
7     any combination of the offenses named in paragraph 29 of
8     this subsection, in which case the person's driving
9     privileges shall be suspended for 5 years;
10         31. Has refused to submit to a test as required by
11     Section 11-501.6 or has submitted to a test resulting in an
12     alcohol concentration of 0.08 or more or any amount of a
13     drug, substance, or compound resulting from the unlawful
14     use or consumption of cannabis as listed in the Cannabis
15     Control Act, a controlled substance as listed in the
16     Illinois Controlled Substances Act, an intoxicating
17     compound as listed in the Use of Intoxicating Compounds
18     Act, or methamphetamine as listed in the Methamphetamine
19     Control and Community Protection Act, in which case the
20     penalty shall be as prescribed in Section 6-208.1;
21         32. Has been convicted of Section 24-1.2 of the
22     Criminal Code of 1961 relating to the aggravated discharge
23     of a firearm if the offender was located in a motor vehicle
24     at the time the firearm was discharged, in which case the
25     suspension shall be for 3 years;
26         33. Has as a driver, who was less than 21 years of age

 

 

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1     on the date of the offense, been convicted a first time of
2     a violation of paragraph (a) of Section 11-502 of this Code
3     or a similar provision of a local ordinance;
4         34. Has committed a violation of Section 11-1301.5 of
5     this Code;
6         35. Has committed a violation of Section 11-1301.6 of
7     this Code;
8         36. Is under the age of 21 years at the time of arrest
9     and has been convicted of not less than 2 offenses against
10     traffic regulations governing the movement of vehicles
11     committed within any 24 month period. No revocation or
12     suspension shall be entered more than 6 months after the
13     date of last conviction;
14         37. Has committed a violation of subsection (c) of
15     Section 11-907 of this Code;
16         38. Has been convicted of a violation of Section 6-20
17     of the Liquor Control Act of 1934 or a similar provision of
18     a local ordinance;
19         39. Has committed a second or subsequent violation of
20     Section 11-1201 of this Code;
21         40. Has committed a violation of subsection (a-1) of
22     Section 11-908 of this Code;
23         41. Has committed a second or subsequent violation of
24     Section 11-605.1 of this Code within 2 years of the date of
25     the previous violation, in which case the suspension shall
26     be for 90 days;

 

 

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1         42. Has committed a violation of subsection (a-1) of
2     Section 11-1301.3 of this Code; or
3         43. Has received a disposition of court supervision for
4     a violation of subsection (a), (d), or (e) of Section 6-20
5     of the Liquor Control Act of 1934 or a similar provision of
6     a local ordinance, in which case the suspension shall be
7     for a period of 3 months; .
8         44. 43. Is under the age of 21 years at the time of
9     arrest and has been convicted of an offense against traffic
10     regulations governing the movement of vehicles after
11     having previously had his or her driving privileges been
12     suspended or revoked pursuant to subparagraph 36 of this
13     Section; .
14         45. 43. Has, in connection with or during the course of
15     a formal hearing conducted under Section 2-118 of this
16     Code: (i) committed perjury; (ii) submitted fraudulent or
17     falsified documents; (iii) submitted documents that have
18     been materially altered; or (iv) submitted, as his or her
19     own, documents that were in fact prepared or composed for
20     another person; or .
21         46. Has committed a violation of Section 11-507 of this
22     Code.
23     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
24 and 27 of this subsection, license means any driver's license,
25 any traffic ticket issued when the person's driver's license is
26 deposited in lieu of bail, a suspension notice issued by the

 

 

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1 Secretary of State, a duplicate or corrected driver's license,
2 a probationary driver's license or a temporary driver's
3 license.
4     (b) If any conviction forming the basis of a suspension or
5 revocation authorized under this Section is appealed, the
6 Secretary of State may rescind or withhold the entry of the
7 order of suspension or revocation, as the case may be, provided
8 that a certified copy of a stay order of a court is filed with
9 the Secretary of State. If the conviction is affirmed on
10 appeal, the date of the conviction shall relate back to the
11 time the original judgment of conviction was entered and the 6
12 month limitation prescribed shall not apply.
13      (c) 1. Upon suspending or revoking the driver's license or
14     permit of any person as authorized in this Section, the
15     Secretary of State shall immediately notify the person in
16     writing of the revocation or suspension. The notice to be
17     deposited in the United States mail, postage prepaid, to
18     the last known address of the person.
19         2. If the Secretary of State suspends the driver's
20     license of a person under subsection 2 of paragraph (a) of
21     this Section, a person's privilege to operate a vehicle as
22     an occupation shall not be suspended, provided an affidavit
23     is properly completed, the appropriate fee received, and a
24     permit issued prior to the effective date of the
25     suspension, unless 5 offenses were committed, at least 2 of
26     which occurred while operating a commercial vehicle in

 

 

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1     connection with the driver's regular occupation. All other
2     driving privileges shall be suspended by the Secretary of
3     State. Any driver prior to operating a vehicle for
4     occupational purposes only must submit the affidavit on
5     forms to be provided by the Secretary of State setting
6     forth the facts of the person's occupation. The affidavit
7     shall also state the number of offenses committed while
8     operating a vehicle in connection with the driver's regular
9     occupation. The affidavit shall be accompanied by the
10     driver's license. Upon receipt of a properly completed
11     affidavit, the Secretary of State shall issue the driver a
12     permit to operate a vehicle in connection with the driver's
13     regular occupation only. Unless the permit is issued by the
14     Secretary of State prior to the date of suspension, the
15     privilege to drive any motor vehicle shall be suspended as
16     set forth in the notice that was mailed under this Section.
17     If an affidavit is received subsequent to the effective
18     date of this suspension, a permit may be issued for the
19     remainder of the suspension period.
20         The provisions of this subparagraph shall not apply to
21     any driver required to possess a CDL for the purpose of
22     operating a commercial motor vehicle.
23         Any person who falsely states any fact in the affidavit
24     required herein shall be guilty of perjury under Section
25     6-302 and upon conviction thereof shall have all driving
26     privileges revoked without further rights.

 

 

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1         3. At the conclusion of a hearing under Section 2-118
2     of this Code, the Secretary of State shall either rescind
3     or continue an order of revocation or shall substitute an
4     order of suspension; or, good cause appearing therefor,
5     rescind, continue, change, or extend the order of
6     suspension. If the Secretary of State does not rescind the
7     order, the Secretary may upon application, to relieve undue
8     hardship (as defined by the rules of the Secretary of
9     State), issue a restricted driving permit granting the
10     privilege of driving a motor vehicle between the
11     petitioner's residence and petitioner's place of
12     employment or within the scope of the petitioner's
13     employment related duties, or to allow transportation for
14     the petitioner, or a household member of the petitioner's
15     family, to receive necessary medical care, provide
16     transportation to and from alcohol or drug remedial or
17     rehabilitative activity recommended by a licensed service
18     provider, or for the petitioner to attend classes, as a
19     student, in an accredited educational institution. The
20     petitioner must demonstrate that no alternative means of
21     transportation is reasonably available and that the
22     petitioner will not endanger the public safety or welfare.
23     Those multiple offenders identified in subdivision (b)4 of
24     Section 6-208 of this Code, however, shall not be eligible
25     for the issuance of a restricted driving permit.
26         (A) If a person's license or permit is revoked or

 

 

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1     suspended due to 2 or more convictions of violating Section
2     11-501 of this Code or a similar provision of a local
3     ordinance or a similar out-of-state offense, or Section 9-3
4     of the Criminal Code of 1961, where the use of alcohol or
5     other drugs is recited as an element of the offense, or a
6     similar out-of-state offense, or a combination of these
7     offenses, arising out of separate occurrences, that
8     person, if issued a restricted driving permit, may not
9     operate a vehicle unless it has been equipped with an
10     ignition interlock device as defined in Section 1-129.1.
11         (B) If a person's license or permit is revoked or
12     suspended 2 or more times within a 10 year period due to
13     any combination of:
14             (i) a single conviction of violating Section
15         11-501 of this Code or a similar provision of a local
16         ordinance or a similar out-of-state offense or Section
17         9-3 of the Criminal Code of 1961, where the use of
18         alcohol or other drugs is recited as an element of the
19         offense, or a similar out-of-state offense; or
20             (ii) a statutory summary suspension under Section
21         11-501.1; or
22             (iii) a suspension under Section 6-203.1, arising
23         out of separate occurrences, that person, if issued a
24         restricted driving permit, may not operate a vehicle
25         unless it has been equipped with an ignition interlock
26         device as defined in Section 1-129.1.

 

 

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1         (C) 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         (D) 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         (E) In each case the Secretary may issue a restricted
12     driving permit for a period deemed appropriate, except that
13     all permits shall expire within one year from the date of
14     issuance. The Secretary may not, however, issue a
15     restricted driving permit to any person whose current
16     revocation is the result of a second or subsequent
17     conviction for a violation of Section 11-501 of this Code
18     or a similar provision of a local ordinance or any similar
19     out-of-state offense, or Section 9-3 of the Criminal Code
20     of 1961, where the use of alcohol or other drugs is recited
21     as an element of the offense, or any similar out-of-state
22     offense, or any combination of those offenses, until the
23     expiration of at least one year from the date of the
24     revocation. A restricted driving permit issued under this
25     Section shall be subject to cancellation, revocation, and
26     suspension by the Secretary of State in like manner and for

 

 

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1     like cause as a driver's license issued under this Code may
2     be cancelled, revoked, or suspended; except that a
3     conviction upon one or more offenses against laws or
4     ordinances regulating the movement of traffic shall be
5     deemed sufficient cause for the revocation, suspension, or
6     cancellation of a restricted driving permit. The Secretary
7     of State may, as a condition to the issuance of a
8     restricted driving permit, require the applicant 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     (c-3) In the case of a suspension under paragraph 43 of
14 subsection (a), reports received by the Secretary of State
15 under this Section shall, except during the actual time the
16 suspension is in effect, be privileged information and for use
17 only by the courts, police officers, prosecuting authorities,
18 the driver licensing administrator of any other state, or the
19 Secretary of State. However, beginning January 1, 2008, if the
20 person is a CDL holder, the suspension shall also be made
21 available to the driver licensing administrator of any other
22 state, the U.S. Department of Transportation, and the affected
23 driver or motor carrier or prospective motor carrier upon
24 request.
25     (c-4) In the case of a suspension under paragraph 43 of
26 subsection (a), the Secretary of State shall notify the person

 

 

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1 by mail that his or her driving privileges and driver's license
2 will be suspended one month after the date of the mailing of
3 the notice.
4     (c-5) The Secretary of State may, as a condition of the
5 reissuance of a driver's license or permit to an applicant
6 whose driver's license or permit has been suspended before he
7 or she reached the age of 18 years pursuant to any of the
8 provisions of this Section, require the applicant to
9 participate in a driver remedial education course and be
10 retested under Section 6-109 of this Code.
11     (d) This Section is subject to the provisions of the
12 Drivers License Compact.
13     (e) The Secretary of State shall not issue a restricted
14 driving permit to a person under the age of 16 years whose
15 driving privileges have been suspended or revoked under any
16 provisions of this Code.
17     (f) In accordance with 49 C.F.R. 384, the Secretary of
18 State may not issue a restricted driving permit for the
19 operation of a commercial motor vehicle to a person holding a
20 CDL whose driving privileges have been suspended, revoked,
21 cancelled, or disqualified under any provisions of this Code.
22 (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05;
23 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08;
24 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08;
25 revised 1-28-08.)
 

 

 

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1     (625 ILCS 5/11-507 new)
2     Sec. 11-507. Infliction of serious injury or death to a
3 vulnerable user of a public way.
4     (a) A person commits the offense of infliction of serious
5 physical injury or death to a vulnerable user of a public way
6 if the person:
7         (1) operates a vehicle upon a highway in a careless or
8     reckless manner; and
9         (2) causes serious physical injury or death to a
10     vulnerable user of a public way.
11     (b) Any person convicted of a violation of subsection (a)
12 is guilty of a Class A misdemeanor and is subject to a minimum
13 fine of $12,500. Any driver who is convicted of violating
14 subsection (a) of this Section is subject to suspension of
15 driving privileges as provided in Section 6-206 of this Code.
16     (c) For the purposes of this Section:
17     "Serious physical injury" means a physical injury that
18 creates a substantial risk of death, or that causes death,
19 serious disfigurement, protracted impairment of health, or
20 impairment of the function of any bodily organ, or that
21 requires plastic surgery.
22     "Vulnerable user of a public way" means a pedestrian, a
23 highway worker, a person riding an animal, or a person
24 operating any of the following on a public way, crosswalk, or
25 shoulder of the highway:
26             (1) A farm tractor or implement of husbandry

 

 

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1         without an enclosed shell.
2             (2) A skateboard.
3             (3) Roller skates.
4             (4) In-line skates.
5             (5) A scooter.
6             (6) A bicycle.