96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1613

 

Introduced 2/19/2009, by Sen. M. Maggie Crotty

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-201

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning cancellation of licenses and permits.


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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 6-201 as follows:
 
6     (625 ILCS 5/6-201)
7     Sec. 6-201. Authority to cancel licenses and permits.
8     (a) The The Secretary of State is authorized to cancel any
9 license or permit upon determining that the holder thereof:
10         1. was not entitled to the issuance thereof hereunder;
11     or
12         2. failed to give the required or correct information
13     in his application; or
14         3. failed to pay any fees, civil penalties owed to the
15     Illinois Commerce Commission, or taxes due under this Act
16     and upon reasonable notice and demand; or
17         4. committed any fraud in the making of such
18     application; or
19         5. is ineligible therefor under the provisions of
20     Section 6-103 of this Act, as amended; or
21         6. has refused or neglected to submit an alcohol, drug,
22     and intoxicating compound evaluation or to submit to
23     examination or re-examination as required under this Act;

 

 

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1     or
2         7. has been convicted of violating the Cannabis Control
3     Act, the Illinois Controlled Substances Act, the
4     Methamphetamine Control and Community Protection Act, or
5     the Use of Intoxicating Compounds Act while that individual
6     was in actual physical control of a motor vehicle. For
7     purposes of this Section, any person placed on probation
8     under Section 10 of the Cannabis Control Act, Section 410
9     of the Illinois Controlled Substances Act, or Section 70 of
10     the Methamphetamine Control and Community Protection Act
11     shall not be considered convicted. Any person found guilty
12     of this offense, while in actual physical control of a
13     motor vehicle, shall have an entry made in the court record
14     by the judge that this offense did occur while the person
15     was in actual physical control of a motor vehicle and order
16     the clerk of the court to report the violation to the
17     Secretary of State as such. After the cancellation, the
18     Secretary of State shall not issue a new license or permit
19     for a period of one year after the date of cancellation.
20     However, upon application, the Secretary of State may, if
21     satisfied that the person applying will not endanger the
22     public safety, or welfare, issue a restricted driving
23     permit granting the privilege of driving a motor vehicle
24     between the petitioner's residence and petitioner's place
25     of employment or within the scope of the petitioner's
26     employment related duties, or to allow transportation for

 

 

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1     the petitioner or a household member of the petitioner's
2     family for the receipt of necessary medical care, or
3     provide transportation for the petitioner to and from
4     alcohol or drug remedial or rehabilitative activity
5     recommended by a licensed service provider, or for the
6     petitioner to attend classes, as a student, in an
7     accredited educational institution. The petitioner must
8     demonstrate that no alternative means of transportation is
9     reasonably available; provided that the Secretary's
10     discretion shall be limited to cases where undue hardship,
11     as defined by the rules of the Secretary of State, would
12     result from a failure to issue such restricted driving
13     permit. In each case the Secretary of State may issue such
14     restricted driving permit for such period as he deems
15     appropriate, except that such permit shall expire within
16     one year from the date of issuance. A restricted driving
17     permit issued hereunder shall be subject to cancellation,
18     revocation and suspension by the Secretary of State in like
19     manner and for like cause as a driver's license issued
20     hereunder may be cancelled, revoked or suspended; except
21     that a conviction upon one or more offenses against laws or
22     ordinances regulating the movement of traffic shall be
23     deemed sufficient cause for the revocation, suspension or
24     cancellation of a restricted driving permit. The Secretary
25     of State may, as a condition to the issuance of a
26     restricted driving permit, require the applicant to

 

 

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1     participate in a driver remedial or rehabilitative
2     program. In accordance with 49 C.F.R. 384, the Secretary of
3     State may not issue a restricted driving permit for the
4     operation of a commercial motor vehicle to a person holding
5     a CDL whose driving privileges have been revoked,
6     suspended, cancelled, or disqualified under this Code; or
7         8. failed to submit a report as required by Section
8     6-116.5 of this Code; or
9         9. has been convicted of a sex offense as defined in
10     the Sex Offender Registration Act. The driver's license
11     shall remain cancelled until the driver registers as a sex
12     offender as required by the Sex Offender Registration Act,
13     proof of the registration is furnished to the Secretary of
14     State and the sex offender provides proof of current
15     address to the Secretary; or
16         10. is ineligible for a license or permit under Section
17     6-107, 6-107.1, or 6-108 of this Code; or
18         11. refused or neglected to appear at a Driver Services
19     facility to have the license or permit corrected and a new
20     license or permit issued.
21     (b) Upon such cancellation the licensee or permittee must
22 surrender the license or permit so cancelled to the Secretary
23 of State.
24     (c) Except as provided in Sections 6-206.1 and 7-702.1, the
25 Secretary of State shall have exclusive authority to grant,
26 issue, deny, cancel, suspend and revoke driving privileges,

 

 

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1 drivers' licenses and restricted driving permits.
2     (d) The Secretary of State may adopt rules to implement
3 this Section.
4 (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07;
5 94-993, eff. 1-1-07; 95-331, eff. 8-21-07; 95-382, eff.
6 8-23-07; 95-627, eff. 6-1-08; 95-876, eff. 8-21-08.)