Sen. Steve Stadelman

Filed: 4/17/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 627

2    AMENDMENT NO. ______. Amend Senate Bill 627 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-205 and 6-206 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver'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

 

 

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1    offense of operating or being in physical control of a
2    vehicle while under the influence of alcohol, other drug or
3    drugs, intoxicating compound or compounds, or any
4    combination thereof;
5        3. Any felony under the laws of any State or the
6    federal government in the commission of which a motor
7    vehicle was used;
8        4. Violation of Section 11-401 of this Code relating to
9    the offense of leaving the scene of a traffic accident
10    involving death or personal injury;
11        5. Perjury or the making of a false affidavit or
12    statement under oath to the Secretary of State under this
13    Code or under any other law relating to the ownership or
14    operation of motor vehicles;
15        6. Conviction upon 3 charges of violation of Section
16    11-503 of this Code relating to the offense of reckless
17    driving committed within a period of 12 months;
18        7. Conviction of any offense defined in Section 4-102
19    of this Code;
20        8. Violation of Section 11-504 of this Code relating to
21    the offense of drag racing;
22        9. Violation of Chapters 8 and 9 of this Code;
23        10. Violation of Section 12-5 of the Criminal Code of
24    1961 or the Criminal Code of 2012 arising from the use of a
25    motor vehicle;
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;
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;
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;
13        14. Violation of paragraph (a) of Section 11-506 of
14    this Code or a similar provision of a local ordinance
15    relating to the offense of street racing;
16        15. A second or subsequent conviction of driving while
17    the person's driver's license, permit or privileges was
18    revoked for reckless homicide or a similar out-of-state
19    offense;
20        16. Any offense against any provision in this Code, or
21    any local ordinance, regulating the movement of traffic
22    when that offense was the proximate cause of the death of
23    any person. Any person whose driving privileges have been
24    revoked pursuant to this paragraph may seek to have the
25    revocation terminated or to have the length of revocation
26    reduced by requesting an administrative hearing with the

 

 

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1    Secretary of State prior to the projected driver's license
2    application eligibility date;
3        17. Violation of subsection (a-2) of Section 11-1301.3
4    of this Code or a similar provision of a local ordinance;
5        18. A second or subsequent conviction of illegal
6    possession, while operating or in actual physical control,
7    as a driver, of a motor vehicle, of any controlled
8    substance prohibited under the Illinois Controlled
9    Substances Act, any cannabis prohibited under the Cannabis
10    Control Act, or any methamphetamine prohibited under the
11    Methamphetamine Control and Community Protection Act. A
12    defendant found guilty of this offense while operating a
13    motor vehicle shall have an entry made in the court record
14    by the presiding judge that this offense did occur while
15    the defendant was operating a motor vehicle and order the
16    clerk of the court to report the violation to the Secretary
17    of State.
18    (b) The Secretary of State shall also immediately revoke
19the license or permit of any driver in the following
20situations:
21        1. Of any minor upon receiving the notice provided for
22    in Section 5-901 of the Juvenile Court Act of 1987 that the
23    minor has been adjudicated under that Act as having
24    committed an offense relating to motor vehicles prescribed
25    in Section 4-103 of this Code;
26        2. Of any person when any other law of this State

 

 

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1    requires either the revocation or suspension of a license
2    or permit;
3        3. Of any person adjudicated under the Juvenile Court
4    Act of 1987 based on an offense determined to have been
5    committed in furtherance of the criminal activities of an
6    organized gang as provided in Section 5-710 of that Act,
7    and that involved the operation or use of a motor vehicle
8    or the use of a driver's license or permit. The revocation
9    shall remain in effect for the period determined by the
10    court. Upon the direction of the court, the Secretary shall
11    issue the person a judicial driving permit, also known as a
12    JDP. The JDP shall be subject to the same terms as a JDP
13    issued under Section 6-206.1, except that the court may
14    direct that a JDP issued under this subdivision (b)(3) be
15    effective immediately.
16    (c)(1) Whenever a person is convicted of any of the
17offenses enumerated in this Section, the court may recommend
18and the Secretary of State in his discretion, without regard to
19whether the recommendation is made by the court may, upon
20application, issue to the person a restricted driving permit
21granting the privilege of driving a motor vehicle between the
22petitioner's residence and petitioner's place of employment or
23within the scope of the petitioner's employment related duties,
24or to allow the petitioner to transport himself or herself or a
25family member of the petitioner's household to a medical
26facility for the receipt of necessary medical care or to allow

 

 

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1the petitioner to transport himself or herself to and from
2alcohol or drug remedial or rehabilitative activity
3recommended by a licensed service provider, or to allow the
4petitioner to transport himself or herself or a family member
5of the petitioner's household to classes, as a student, at an
6accredited educational institution, or to allow the petitioner
7to transport children, elderly persons, or disabled persons who
8do not hold driving privileges and are living in the
9petitioner's household to and from daycare; if the petitioner
10is able to demonstrate that no alternative means of
11transportation is reasonably available and that the petitioner
12will not endanger the public safety or welfare; provided that
13the Secretary's discretion shall be limited to cases where
14undue hardship, as defined by the rules of the Secretary of
15State, would result from a failure to issue the restricted
16driving permit. Those multiple offenders identified in
17subdivision (b)4 of Section 6-208 of this Code, however, shall
18not be eligible for the issuance of a restricted driving
19permit.
20        (2) If a person's license or permit is revoked or
21    suspended due to 2 or more convictions of violating Section
22    11-501 of this Code or a similar provision of a local
23    ordinance or a similar out-of-state offense, or Section 9-3
24    of the Criminal Code of 1961 or the Criminal Code of 2012,
25    where the use of alcohol or other drugs is recited as an
26    element of the offense, or a similar out-of-state offense,

 

 

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1    or a combination of these offenses, arising out of separate
2    occurrences, that person, if issued a restricted driving
3    permit, may not operate a vehicle unless it has been
4    equipped with an ignition interlock device as defined in
5    Section 1-129.1.
6        (3) If:
7            (A) a person's license or permit is revoked or
8        suspended 2 or more times within a 10 year period due
9        to any combination of:
10                (i) a single conviction of violating Section
11            11-501 of this Code or a similar provision of a
12            local ordinance or a similar out-of-state offense,
13            or Section 9-3 of the Criminal Code of 1961 or the
14            Criminal Code of 2012, where the use of alcohol or
15            other drugs is recited as an element of the
16            offense, or a similar out-of-state offense; or
17                (ii) a statutory summary suspension or
18            revocation under Section 11-501.1; or
19                (iii) a suspension pursuant to Section
20            6-203.1;
21        arising out of separate occurrences; or
22            (B) a person has been convicted of one violation of
23        Section 6-303 of this Code committed while his or her
24        driver's license, permit, or privilege was revoked
25        because of a violation of Section 9-3 of the Criminal
26        Code of 1961 or the Criminal Code of 2012, relating to

 

 

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1        the offense of reckless homicide where the use of
2        alcohol or other drugs was recited as an element of the
3        offense, or a similar provision of a law of another
4        state; or
5            (C) a person has been convicted of one violation of
6        subparagraph (C) or (F) of paragraph (1) of subsection
7        (d) of Section 11-501 of this Code or a similar
8        provision of a local ordinance or similar out-of-state
9        offense;
10    that person, if issued a restricted driving permit, may not
11    operate a vehicle unless it has been equipped with an
12    ignition interlock device as defined in Section 1-129.1.
13        (4) The person issued a permit conditioned on the use
14    of an ignition interlock device must pay to the Secretary
15    of State DUI Administration Fund an amount not to exceed
16    $30 per month. The Secretary shall establish by rule the
17    amount and the procedures, terms, and conditions relating
18    to these fees.
19        (5) If the restricted driving permit is issued for
20    employment purposes, then the prohibition against
21    operating a motor vehicle that is not equipped with an
22    ignition interlock device does not apply to the operation
23    of an occupational vehicle owned or leased by that person's
24    employer when used solely for employment purposes.
25        (6) In each case the Secretary of State may issue a
26    restricted driving permit for a period he deems

 

 

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1    appropriate, except that the permit shall expire within one
2    year from the date of issuance. The Secretary may not,
3    however, issue a restricted driving permit to any person
4    whose current revocation is the result of a second or
5    subsequent conviction for a violation of Section 11-501 of
6    this Code or a similar provision of a local ordinance or
7    any similar out-of-state offense, or Section 9-3 of the
8    Criminal Code of 1961 or the Criminal Code of 2012, where
9    the use of alcohol or other drugs is recited as an element
10    of the offense, or any similar out-of-state offense, or any
11    combination of these offenses, until the expiration of at
12    least one year from the date of the revocation. A
13    restricted driving permit issued under this Section shall
14    be subject to cancellation, revocation, and suspension by
15    the Secretary of State in like manner and for like cause as
16    a driver's license issued under this Code may be cancelled,
17    revoked, or suspended; except that a conviction upon one or
18    more offenses against laws or ordinances regulating the
19    movement of traffic shall be deemed sufficient cause for
20    the revocation, suspension, or cancellation of a
21    restricted driving permit. The Secretary of State may, as a
22    condition to the issuance of a restricted driving permit,
23    require the petitioner to participate in a designated
24    driver remedial or rehabilitative program. The Secretary
25    of State is authorized to cancel a restricted driving
26    permit if the permit holder does not successfully complete

 

 

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1    the program. However, if an individual's driving
2    privileges have been revoked in accordance with paragraph
3    13 of subsection (a) of this Section, no restricted driving
4    permit shall be issued until the individual has served 6
5    months of the revocation period.
6    (c-5) (Blank).
7    (c-6) If a person is convicted of a second violation of
8operating a motor vehicle while the person's driver's license,
9permit or privilege was revoked, where the revocation was for a
10violation of Section 9-3 of the Criminal Code of 1961 or the
11Criminal Code of 2012 relating to the offense of reckless
12homicide or a similar out-of-state offense, the person's
13driving privileges shall be revoked pursuant to subdivision
14(a)(15) of this Section. The person may not make application
15for a license or permit until the expiration of five years from
16the effective date of the revocation or the expiration of five
17years from the date of release from a term of imprisonment,
18whichever is later.
19    (c-7) If a person is convicted of a third or subsequent
20violation of operating a motor vehicle while the person's
21driver's license, permit or privilege was revoked, where the
22revocation was for a violation of Section 9-3 of the Criminal
23Code of 1961 or the Criminal Code of 2012 relating to the
24offense of reckless homicide or a similar out-of-state offense,
25the person may never apply for a license or permit.
26    (d)(1) Whenever a person under the age of 21 is convicted

 

 

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1under Section 11-501 of this Code or a similar provision of a
2local ordinance or a similar out-of-state offense, the
3Secretary of State shall revoke the driving privileges of that
4person. One year after the date of revocation, and upon
5application, the Secretary of State may, if satisfied that the
6person applying will not endanger the public safety or welfare,
7issue a restricted driving permit granting the privilege of
8driving a motor vehicle only between the hours of 5 a.m. and 9
9p.m. or as otherwise provided by this Section for a period of
10one year. After this one year period, and upon reapplication
11for a license as provided in Section 6-106, upon payment of the
12appropriate reinstatement fee provided under paragraph (b) of
13Section 6-118, the Secretary of State, in his discretion, may
14reinstate the petitioner's driver's license and driving
15privileges, or extend the restricted driving permit as many
16times as the Secretary of State deems appropriate, by
17additional periods of not more than 12 months each.
18        (2) If a person's license or permit is revoked or
19    suspended due to 2 or more convictions of violating Section
20    11-501 of this Code or a similar provision of a local
21    ordinance or a similar out-of-state offense, or Section 9-3
22    of the Criminal Code of 1961 or the Criminal Code of 2012,
23    where the use of alcohol or other drugs is recited as an
24    element of the offense, or a similar out-of-state offense,
25    or a combination of these offenses, arising out of separate
26    occurrences, that person, if issued a restricted driving

 

 

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1    permit, may not operate a vehicle unless it has been
2    equipped with an ignition interlock device as defined in
3    Section 1-129.1.
4        (3) If a person's license or permit is revoked or
5    suspended 2 or more times within a 10 year period due to
6    any combination of:
7            (A) a single conviction of violating Section
8        11-501 of this Code or a similar provision of a local
9        ordinance or a similar out-of-state offense, or
10        Section 9-3 of the Criminal Code of 1961 or the
11        Criminal Code of 2012, where the use of alcohol or
12        other drugs is recited as an element of the offense, or
13        a similar out-of-state offense; or
14            (B) a statutory summary suspension or revocation
15        under Section 11-501.1; or
16            (C) a suspension pursuant to Section 6-203.1;
17    arising out of separate occurrences, that person, if issued
18    a restricted driving permit, may not operate a vehicle
19    unless it has been equipped with an ignition interlock
20    device as defined in Section 1-129.1.
21        (3.5) If a person's license or permit is revoked or
22    suspended due to a conviction for a violation of
23    subparagraph (C) or (F) of paragraph (1) of subsection (d)
24    of Section 11-501 of this Code or a similar provision of a
25    local ordinance or similar out-of-state offense, that
26    person, if issued a restricted driving permit, may not

 

 

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1    operate a vehicle unless it has been equipped with an
2    ignition interlock device as defined in Section 1-129.1.
3        (4) The person issued a permit conditioned upon the use
4    of an interlock device must pay to the Secretary of State
5    DUI Administration Fund an amount not to exceed $30 per
6    month. The Secretary shall establish by rule the amount and
7    the procedures, terms, and conditions relating to these
8    fees.
9        (5) If the restricted driving permit is issued for
10    employment purposes, then the prohibition against driving
11    a vehicle that is not equipped with an ignition interlock
12    device does not apply to the operation of an occupational
13    vehicle owned or leased by that person's employer when used
14    solely for employment purposes.
15        (6) A restricted driving permit issued under this
16    Section shall be subject to cancellation, revocation, and
17    suspension by the Secretary of State in like manner and for
18    like cause as a driver's license issued under this Code may
19    be cancelled, revoked, or suspended; except that a
20    conviction upon one or more offenses against laws or
21    ordinances regulating the movement of traffic shall be
22    deemed sufficient cause for the revocation, suspension, or
23    cancellation of a restricted driving permit.
24    (d-5) The revocation of the license, permit, or driving
25privileges of a person convicted of a third or subsequent
26violation of Section 6-303 of this Code committed while his or

 

 

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1her driver's license, permit, or privilege was revoked because
2of a violation of Section 9-3 of the Criminal Code of 1961 or
3the Criminal Code of 2012, relating to the offense of reckless
4homicide, or a similar provision of a law of another state, is
5permanent. The Secretary may not, at any time, issue a license
6or permit to that person.
7    (e) This Section is subject to the provisions of the Driver
8License Compact.
9    (f) Any revocation imposed upon any person under
10subsections 2 and 3 of paragraph (b) that is in effect on
11December 31, 1988 shall be converted to a suspension for a like
12period of time.
13    (g) The Secretary of State shall not issue a restricted
14driving permit to a person under the age of 16 years whose
15driving privileges have been revoked under any provisions of
16this Code.
17    (h) The Secretary of State shall require the use of
18ignition interlock devices on all vehicles owned by a person
19who has been convicted of a second or subsequent offense under
20Section 11-501 of this Code or a similar provision of a local
21ordinance. The person must pay to the Secretary of State DUI
22Administration Fund an amount not to exceed $30 for each month
23that he or she uses the device. The Secretary shall establish
24by rule and regulation the procedures for certification and use
25of the interlock system, the amount of the fee, and the
26procedures, terms, and conditions relating to these fees.

 

 

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1    (i) (Blank).
2    (j) In accordance with 49 C.F.R. 384, the Secretary of
3State may not issue a restricted driving permit for the
4operation of a commercial motor vehicle to a person holding a
5CDL whose driving privileges have been revoked, suspended,
6cancelled, or disqualified under any provisions of this Code.
7(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
896-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
97-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
101-1-13; 97-1150, eff. 1-25-13.)
 
11    (625 ILCS 5/6-206)
12    Sec. 6-206. Discretionary authority to suspend or revoke
13license or permit; Right to a hearing.
14    (a) The Secretary of State is authorized to suspend or
15revoke the driving privileges of any person without preliminary
16hearing upon a showing of the person's records or other
17sufficient evidence that the person:
18        1. Has committed an offense for which mandatory
19    revocation of a driver's license or permit is required upon
20    conviction;
21        2. Has been convicted of not less than 3 offenses
22    against traffic regulations governing the movement of
23    vehicles committed within any 12 month period. No
24    revocation or suspension shall be entered more than 6
25    months after the date of last conviction;

 

 

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

 

 

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1    provided for by Section 6-207 or has failed to pass the
2    examination;
3        8. Is ineligible for a driver's license or permit under
4    the provisions of Section 6-103;
5        9. Has made a false statement or knowingly concealed a
6    material fact or has used false information or
7    identification in any application for a license,
8    identification card, or permit;
9        10. Has possessed, displayed, or attempted to
10    fraudulently use any license, identification card, or
11    permit not issued to the person;
12        11. Has operated a motor vehicle upon a highway of this
13    State when the person's driving privilege or privilege to
14    obtain a driver's license or permit was revoked or
15    suspended unless the operation was authorized by a
16    monitoring device driving permit, judicial driving permit
17    issued prior to January 1, 2009, probationary license to
18    drive, or a restricted driving permit issued under this
19    Code;
20        12. Has submitted to any portion of the application
21    process for another person or has obtained the services of
22    another person to submit to any portion of the application
23    process for the purpose of obtaining a license,
24    identification card, or permit for some other person;
25        13. Has operated a motor vehicle upon a highway of this
26    State when the person's driver's license or permit was

 

 

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1    invalid under the provisions of Sections 6-107.1 and 6-110;
2        14. Has committed a violation of Section 6-301,
3    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
4    of the Illinois Identification Card Act;
5        15. Has been convicted of violating Section 21-2 of the
6    Criminal Code of 1961 or the Criminal Code of 2012 relating
7    to criminal trespass to vehicles in which case, the
8    suspension shall be for one year;
9        16. Has been convicted of violating Section 11-204 of
10    this Code relating to fleeing from a peace officer;
11        17. Has refused to submit to a test, or tests, as
12    required under Section 11-501.1 of this Code and the person
13    has not sought a hearing as provided for in Section
14    11-501.1;
15        18. Has, since issuance of a driver's license or
16    permit, been adjudged to be afflicted with or suffering
17    from any mental disability or disease;
18        19. Has committed a violation of paragraph (a) or (b)
19    of Section 6-101 relating to driving without a driver's
20    license;
21        20. Has been convicted of violating Section 6-104
22    relating to classification of driver's license;
23        21. Has been convicted of violating Section 11-402 of
24    this Code relating to leaving the scene of an accident
25    resulting in damage to a vehicle in excess of $1,000, in
26    which case the suspension shall be for one year;

 

 

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1        22. Has used a motor vehicle in violating paragraph
2    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
3    the Criminal Code of 1961 or the Criminal Code of 2012
4    relating to unlawful use of weapons, in which case the
5    suspension shall be for one year;
6        23. Has, as a driver, been convicted of committing a
7    violation of paragraph (a) of Section 11-502 of this Code
8    for a second or subsequent time within one year of a
9    similar violation;
10        24. Has been convicted by a court-martial or punished
11    by non-judicial punishment by military authorities of the
12    United States at a military installation in Illinois or in
13    another state of or for a traffic related offense that is
14    the same as or similar to an offense specified under
15    Section 6-205 or 6-206 of this Code;
16        25. Has permitted any form of identification to be used
17    by another in the application process in order to obtain or
18    attempt to obtain a license, identification card, or
19    permit;
20        26. Has altered or attempted to alter a license or has
21    possessed an altered license, identification card, or
22    permit;
23        27. Has violated Section 6-16 of the Liquor Control Act
24    of 1934;
25        28. Has been convicted for a first time of the illegal
26    possession, while operating or in actual physical control,

 

 

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1    as a driver, of a motor vehicle, of any controlled
2    substance prohibited under the Illinois Controlled
3    Substances Act, any cannabis prohibited under the Cannabis
4    Control Act, or any methamphetamine prohibited under the
5    Methamphetamine Control and Community Protection Act, in
6    which case the person's driving privileges shall be
7    suspended for one year. Any defendant found guilty of this
8    offense while operating a motor vehicle, shall have an
9    entry made in the court record by the presiding judge that
10    this offense did occur while the defendant was operating a
11    motor vehicle and order the clerk of the court to report
12    the violation to the Secretary of State;
13        29. Has been convicted of the following offenses that
14    were committed while the person was operating or in actual
15    physical control, as a driver, of a motor vehicle: criminal
16    sexual assault, predatory criminal sexual assault of a
17    child, aggravated criminal sexual assault, criminal sexual
18    abuse, aggravated criminal sexual abuse, juvenile pimping,
19    soliciting for a juvenile prostitute, promoting juvenile
20    prostitution as described in subdivision (a)(1), (a)(2),
21    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
22    or the Criminal Code of 2012, and the manufacture, sale or
23    delivery of controlled substances or instruments used for
24    illegal drug use or abuse in which case the driver's
25    driving privileges shall be suspended for one year;
26        30. Has been convicted a second or subsequent time for

 

 

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1    any combination of the offenses named in paragraph 29 of
2    this subsection, in which case the person's driving
3    privileges shall be suspended for 5 years;
4        31. Has refused to submit to a test as required by
5    Section 11-501.6 of this Code or Section 5-16c of the Boat
6    Registration and Safety Act or has submitted to a test
7    resulting in an alcohol concentration of 0.08 or more or
8    any amount of a drug, substance, or compound resulting from
9    the unlawful use or consumption of cannabis as listed in
10    the Cannabis Control Act, a controlled substance as listed
11    in the Illinois Controlled Substances Act, an intoxicating
12    compound as listed in the Use of Intoxicating Compounds
13    Act, or methamphetamine as listed in the Methamphetamine
14    Control and Community Protection Act, in which case the
15    penalty shall be as prescribed in Section 6-208.1;
16        32. Has been convicted of Section 24-1.2 of the
17    Criminal Code of 1961 or the Criminal Code of 2012 relating
18    to the aggravated discharge of a firearm if the offender
19    was located in a motor vehicle at the time the firearm was
20    discharged, in which case the suspension shall be for 3
21    years;
22        33. Has as a driver, who was less than 21 years of age
23    on the date of the offense, been convicted a first time of
24    a violation of paragraph (a) of Section 11-502 of this Code
25    or a similar provision of a local ordinance;
26        34. Has committed a violation of Section 11-1301.5 of

 

 

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1    this Code or a similar provision of a local ordinance;
2        35. Has committed a violation of Section 11-1301.6 of
3    this Code or a similar provision of a local ordinance;
4        36. Is under the age of 21 years at the time of arrest
5    and has been convicted of not less than 2 offenses against
6    traffic regulations governing the movement of vehicles
7    committed within any 24 month period. No revocation or
8    suspension shall be entered more than 6 months after the
9    date of last conviction;
10        37. Has committed a violation of subsection (c) of
11    Section 11-907 of this Code that resulted in damage to the
12    property of another or the death or injury of another;
13        38. Has been convicted of a violation of Section 6-20
14    of the Liquor Control Act of 1934 or a similar provision of
15    a local ordinance;
16        39. Has committed a second or subsequent violation of
17    Section 11-1201 of this Code;
18        40. Has committed a violation of subsection (a-1) of
19    Section 11-908 of this Code;
20        41. Has committed a second or subsequent violation of
21    Section 11-605.1 of this Code, a similar provision of a
22    local ordinance, or a similar violation in any other state
23    within 2 years of the date of the previous violation, in
24    which case the suspension shall be for 90 days;
25        42. Has committed a violation of subsection (a-1) of
26    Section 11-1301.3 of this Code or a similar provision of a

 

 

09900SB0627sam001- 23 -LRB099 03342 RJF 34223 a

1    local ordinance;
2        43. Has received a disposition of court supervision for
3    a violation of subsection (a), (d), or (e) of Section 6-20
4    of the Liquor Control Act of 1934 or a similar provision of
5    a local ordinance, in which case the suspension shall be
6    for a period of 3 months;
7        44. Is under the age of 21 years at the time of arrest
8    and has been convicted of an offense against traffic
9    regulations governing the movement of vehicles after
10    having previously had his or her driving privileges
11    suspended or revoked pursuant to subparagraph 36 of this
12    Section;
13        45. Has, in connection with or during the course of a
14    formal hearing conducted under Section 2-118 of this Code:
15    (i) committed perjury; (ii) submitted fraudulent or
16    falsified documents; (iii) submitted documents that have
17    been materially altered; or (iv) submitted, as his or her
18    own, documents that were in fact prepared or composed for
19    another person;
20        46. Has committed a violation of subsection (j) of
21    Section 3-413 of this Code; or
22        47. Has committed a violation of Section 11-502.1 of
23    this Code.
24    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
25and 27 of this subsection, license means any driver's license,
26any traffic ticket issued when the person's driver's license is

 

 

09900SB0627sam001- 24 -LRB099 03342 RJF 34223 a

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

 

 

09900SB0627sam001- 25 -LRB099 03342 RJF 34223 a

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

 

 

09900SB0627sam001- 26 -LRB099 03342 RJF 34223 a

1    3. At the conclusion of a hearing under Section 2-118 of
2this Code, the Secretary of State shall either rescind or
3continue an order of revocation or shall substitute an order of
4suspension; or, good cause appearing therefor, rescind,
5continue, change, or extend the order of suspension. If the
6Secretary of State does not rescind the order, the Secretary
7may upon application, to relieve undue hardship (as defined by
8the rules of the Secretary of State), issue a restricted
9driving permit granting the privilege of driving a motor
10vehicle between the petitioner's residence and petitioner's
11place of employment or within the scope of the petitioner's
12employment related duties, or to allow the petitioner to
13transport himself or herself, or a family member of the
14petitioner's household to a medical facility, to receive
15necessary medical care, to allow the petitioner to transport
16himself or herself to and from alcohol or drug remedial or
17rehabilitative activity recommended by a licensed service
18provider, or to allow the petitioner to transport himself or
19herself or a family member of the petitioner's household to
20classes, as a student, at an accredited educational
21institution, or to allow the petitioner to transport children,
22elderly persons, or disabled persons who do not hold driving
23privileges and are living in the petitioner's household to and
24from daycare. The petitioner must demonstrate that no
25alternative means of transportation is reasonably available
26and that the petitioner will not endanger the public safety or

 

 

09900SB0627sam001- 27 -LRB099 03342 RJF 34223 a

1welfare. Those multiple offenders identified in subdivision
2(b)4 of Section 6-208 of this Code, however, shall not be
3eligible for the issuance of a restricted driving permit.
4        (A) If a person's license or permit is revoked or
5    suspended due to 2 or more convictions 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 Section 9-3
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    where the use of alcohol or other drugs is recited as an
10    element of the offense, or a similar out-of-state offense,
11    or a combination of these offenses, arising out of separate
12    occurrences, that person, if issued a restricted driving
13    permit, may not operate a vehicle unless it has been
14    equipped with an ignition interlock device as defined in
15    Section 1-129.1.
16        (B) If a person's license or permit is revoked or
17    suspended 2 or more times within a 10 year period due to
18    any combination of:
19            (i) a single conviction of violating Section
20        11-501 of this Code or a similar provision of a local
21        ordinance or a similar out-of-state offense or Section
22        9-3 of the Criminal Code of 1961 or the Criminal Code
23        of 2012, where the use of alcohol or other drugs is
24        recited as an element of the offense, or a similar
25        out-of-state offense; or
26            (ii) a statutory summary suspension or revocation

 

 

09900SB0627sam001- 28 -LRB099 03342 RJF 34223 a

1        under Section 11-501.1; or
2            (iii) a suspension under Section 6-203.1;
3    arising out of separate occurrences; that person, if issued
4    a restricted driving permit, may not operate a vehicle
5    unless it has been equipped with an ignition interlock
6    device as defined in Section 1-129.1.
7        (B-5) If a person's license or permit is revoked or
8    suspended due to a conviction for a violation of
9    subparagraph (C) or (F) of paragraph (1) of subsection (d)
10    of Section 11-501 of this Code or a similar provision of a
11    local ordinance or similar out-of-state offense, that
12    person, if issued a restricted driving permit, may not
13    operate a vehicle unless it has been equipped with an
14    ignition interlock device as defined in Section 1-129.1.
15        (C) The person issued a permit conditioned upon the use
16    of an ignition interlock device must pay to the Secretary
17    of State DUI Administration Fund an amount not to exceed
18    $30 per month. The Secretary shall establish by rule the
19    amount and the procedures, terms, and conditions relating
20    to these fees.
21        (D) If the restricted driving permit is issued for
22    employment purposes, then the prohibition against
23    operating a motor vehicle that is not equipped with an
24    ignition interlock device does not apply to the operation
25    of an occupational vehicle owned or leased by that person's
26    employer when used solely for employment purposes.

 

 

09900SB0627sam001- 29 -LRB099 03342 RJF 34223 a

1        (E) In each case the Secretary may issue a restricted
2    driving permit for a period deemed appropriate, except that
3    all permits shall expire within one year from the date of
4    issuance. The Secretary may not, however, issue a
5    restricted driving permit to any person whose current
6    revocation is the result of a second or subsequent
7    conviction for a violation of Section 11-501 of this Code
8    or a similar provision of a local ordinance or any similar
9    out-of-state offense, or Section 9-3 of the Criminal Code
10    of 1961 or the Criminal Code of 2012, where the use of
11    alcohol or other drugs is recited as an element of the
12    offense, 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

 

 

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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
4subsection (a), reports received by the Secretary of State
5under this Section shall, except during the actual time the
6suspension is in effect, be privileged information and for use
7only by the courts, police officers, prosecuting authorities,
8the driver licensing administrator of any other state, the
9Secretary of State, or the parent or legal guardian of a driver
10under the age of 18. However, beginning January 1, 2008, if the
11person is a CDL holder, the suspension shall also be made
12available to the driver licensing administrator of any other
13state, the U.S. Department of Transportation, and the affected
14driver or motor carrier or prospective motor carrier upon
15request.
16    (c-4) In the case of a suspension under paragraph 43 of
17subsection (a), the Secretary of State shall notify the person
18by mail that his or her driving privileges and driver's license
19will be suspended one month after the date of the mailing of
20the notice.
21    (c-5) The Secretary of State may, as a condition of the
22reissuance of a driver's license or permit to an applicant
23whose driver's license or permit has been suspended before he
24or she reached the age of 21 years pursuant to any of the
25provisions of this Section, require the applicant to
26participate in a driver remedial education course and be

 

 

09900SB0627sam001- 31 -LRB099 03342 RJF 34223 a

1retested under Section 6-109 of this Code.
2    (d) This Section is subject to the provisions of the
3Drivers License Compact.
4    (e) The Secretary of State shall not issue a restricted
5driving permit to a person under the age of 16 years whose
6driving privileges have been suspended or revoked under any
7provisions of this Code.
8    (f) In accordance with 49 C.F.R. 384, the Secretary of
9State may not issue a restricted driving permit for the
10operation of a commercial motor vehicle to a person holding a
11CDL whose driving privileges have been suspended, revoked,
12cancelled, or disqualified under any provisions of this Code.
13(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
1497-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
1597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
161-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.
177-16-14.)".