Illinois General Assembly - Full Text of HB4444
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Full Text of HB4444  99th General Assembly

HB4444 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4444

 

Introduced , by Rep. Charles E. Meier

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-707  from Ch. 95 1/2, par. 3-707
625 ILCS 5/6-118
625 ILCS 5/6-205
625 ILCS 5/7-606  from Ch. 95 1/2, par. 7-606

    Amends the Illinois Vehicle Code. Provides that uninsured operation of a motor vehicle resulting in bodily harm or death to another person is a Class 4 felony, with a minimum fine of $10,000 and a driver's license revocation for one year. Provides that a second violation of operation of a motor vehicle resulting in bodily harm or death to another person is a Class 3 felony, with a minimum fine of $20,000 and a lifetime driving privilege revocation. Provides that if a person convicted of uninsured operation of a motor vehicle resulting in bodily harm or death to another person has previously been convicted of one or more violations of driving without liability insurance, a fine of $3,000 (rather than $2,500) must be imposed. Raises the penalty and reinstatement fee for a violation of operating a motor vehicle without liability insurance. Makes conforming changes.


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

 

 

A BILL FOR

 

HB4444LRB099 15809 RJF 40118 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 3-707, 6-118, 6-205, and 7-606 as follows:
 
6    (625 ILCS 5/3-707)  (from Ch. 95 1/2, par. 3-707)
7    Sec. 3-707. Operation of uninsured motor vehicle - penalty.
8    (a) No person shall operate a motor vehicle unless the
9motor vehicle is covered by a liability insurance policy in
10accordance with Section 7-601 of this Code.
11    (a-5) A person commits the offense of operation of
12uninsured motor vehicle causing bodily harm or death when the
13person:
14        (1) operates a motor vehicle in violation of Section
15    7-601 of this Code; and
16        (2) causes, as a proximate result of the person's
17    operation of the motor vehicle, bodily harm or death to
18    another person.
19    (a-6) Uninsured operation of a motor vehicle under
20subsection (a-5) is a Class 4 felony with a minimum fine of
21$10,000 A misdemeanor. If a person is convicted of the offense
22of operation of a motor vehicle for a second or subsequent
23violation under subsection (a-5) has previously been convicted

 

 

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1of 2 or more violations of subsection (a-5) of this Section, he
2or she is guilty of a Class 3 felony, and shall be fined a
3minimum of $20,000. If a person convicted of the offense of
4operation of a motor vehicle under subsection (a-5) has
5previously been convicted of one or more violations or of
6Section 7-601 of this Code, a fine of $3,000 $2,500, in
7addition to any sentence of incarceration, must be imposed.
8    (b) Any person who fails to comply with a request by a law
9enforcement officer for display of evidence of insurance, as
10required under Section 7-602 of this Code, shall be deemed to
11be operating an uninsured motor vehicle.
12    (c) Except as provided in subsections (a-6) and (c-5), any
13operator of a motor vehicle subject to registration under this
14Code who is convicted of violating this Section is guilty of a
15business offense and shall be required to pay a fine in excess
16of $500, but not more than $1,000, except a person convicted of
17a second third or subsequent violation of this Section shall be
18required to pay a fine of $1,000. However, no person charged
19with violating this Section shall be convicted if such person
20produces in court satisfactory evidence that at the time of the
21arrest the motor vehicle was covered by a liability insurance
22policy in accordance with Section 7-601 of this Code. The chief
23judge of each circuit may designate an officer of the court to
24review the documentation demonstrating that at the time of
25arrest the motor vehicle was covered by a liability insurance
26policy in accordance with Section 7-601 of this Code.

 

 

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1    (c-1) Except for subsection (a-5), a A person convicted of
2violating this Section shall also have his or her driver's
3license, permit, or privileges suspended for 3 months. After
4the expiration of the 3 months, the person's driver's license,
5permit, or privileges shall not be reinstated until he or she
6has paid a reinstatement fee of $150 $100. A person convicted
7of violating subsection (a-5) for a first violation shall have
8his or her driver's license, permit, or privileges revoked for
9one year. For a second or subsequent violation of subsection
10(a-5), he or she shall be subject to lifetime revocation of
11driving privileges. If a person violates this Section while his
12or her driver's license, permit, or privileges are suspended or
13revoked under this subsection (c-1), his or her driver's
14license, permit, or privileges shall be suspended or revoked
15for an additional 12 6 months and until he or she pays the
16reinstatement fee.
17    (c-5) A person who (i) has not previously been convicted of
18or received a disposition of court supervision for violating
19this Section and (ii) produces at his or her court appearance
20satisfactory evidence that the motor vehicle is covered, as of
21the date of the court appearance, by a liability insurance
22policy in accordance with Section 7-601 of this Code shall, for
23a violation of this Section, other than a violation of
24subsection (a-5), pay a fine of $150 $100 and receive a
25disposition of court supervision. The person must, on the date
26that the period of court supervision is scheduled to terminate,

 

 

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1produce satisfactory evidence that the vehicle was covered by
2the required liability insurance policy during the entire
3period of court supervision.
4    An officer of the court designated under subsection (c) may
5also review liability insurance documentation under this
6subsection (c-5) to determine if the motor vehicle is, as of
7the date of the court appearance, covered by a liability
8insurance policy in accordance with Section 7-601 of this Code.
9The officer of the court shall also determine, on the date the
10period of court supervision is scheduled to terminate, whether
11the vehicle was covered by the required policy during the
12entire period of court supervision.
13    (d) A person convicted a third or subsequent time of
14violating this Section or a similar provision of a local
15ordinance must give proof to the Secretary of State of the
16person's financial responsibility as defined in Section 7-315.
17The person must maintain the proof in a manner satisfactory to
18the Secretary for a minimum period of 3 years after the date
19the proof is first filed. The Secretary must suspend the
20driver's license of any person determined by the Secretary not
21to have provided adequate proof of financial responsibility as
22required by this subsection.
23(Source: P.A. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)
 
24    (625 ILCS 5/6-118)
25    Sec. 6-118. Fees.

 

 

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1    (a) The fee for licenses and permits under this Article is
2as follows:
3    Original driver's license.............................$30
4    Original or renewal driver's license
5        issued to 18, 19 and 20 year olds.................. 5
6    All driver's licenses for persons
7        age 69 through age 80.............................. 5
8    All driver's licenses for persons
9        age 81 through age 86.............................. 2
10    All driver's licenses for persons
11        age 87 or older.....................................0
12    Renewal driver's license (except for
13        applicants ages 18, 19 and 20 or
14        age 69 and older)..................................30
15    Original instruction permit issued to
16        persons (except those age 69 and older)
17        who do not hold or have not previously
18        held an Illinois instruction permit or
19        driver's license.................................. 20
20    Instruction permit issued to any person
21        holding an Illinois driver's license
22        who wishes a change in classifications,
23        other than at the time of renewal.................. 5
24    Any instruction permit issued to a person
25        age 69 and older................................... 5
26    Instruction permit issued to any person,

 

 

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1        under age 69, not currently holding a
2        valid Illinois driver's license or
3        instruction permit but who has
4        previously been issued either document
5        in Illinois....................................... 10
6    Restricted driving permit.............................. 8
7    Monitoring device driving permit...................... 8
8    Duplicate or corrected driver's license
9        or permit.......................................... 5
10    Duplicate or corrected restricted
11        driving permit..................................... 5
12    Duplicate or corrected monitoring
13    device driving permit.................................. 5
14    Duplicate driver's license or permit issued to
15        an active-duty member of the
16        United States Armed Forces,
17        the member's spouse, or
18        the dependent children living
19        with the member................................... 0
20    Original or renewal M or L endorsement................. 5
21SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
22        The fees for commercial driver licenses and permits
23    under Article V shall be as follows:
24    Commercial driver's license:
25        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
26        (Commercial Driver's License Information

 

 

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1        System/American Association of Motor Vehicle
2        Administrators network/National Motor Vehicle
3        Title Information Service Trust Fund);
4        $20 for the Motor Carrier Safety Inspection Fund;
5        $10 for the driver's license;
6        and $24 for the CDL:............................. $60
7    Renewal commercial driver's license:
8        $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
9        $20 for the Motor Carrier Safety Inspection Fund;
10        $10 for the driver's license; and
11        $24 for the CDL:................................. $60
12    Commercial learner's permit
13        issued to any person holding a valid
14        Illinois driver's license for the
15        purpose of changing to a
16        CDL classification: $6 for the
17        CDLIS/AAMVAnet/NMVTIS Trust Fund;
18        $20 for the Motor Carrier
19        Safety Inspection Fund; and
20        $24 for the CDL classification................... $50
21    Commercial learner's permit
22        issued to any person holding a valid
23        Illinois CDL for the purpose of
24        making a change in a classification,
25        endorsement or restriction........................ $5
26    CDL duplicate or corrected license.................... $5

 

 

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1    In order to ensure the proper implementation of the Uniform
2Commercial Driver License Act, Article V of this Chapter, the
3Secretary of State is empowered to pro-rate the $24 fee for the
4commercial driver's license proportionate to the expiration
5date of the applicant's Illinois driver's license.
6    The fee for any duplicate license or permit shall be waived
7for any person who presents the Secretary of State's office
8with a police report showing that his license or permit was
9stolen.
10    The fee for any duplicate license or permit shall be waived
11for any person age 60 or older whose driver's license or permit
12has been lost or stolen.
13    No additional fee shall be charged for a driver's license,
14or for a commercial driver's license, when issued to the holder
15of an instruction permit for the same classification or type of
16license who becomes eligible for such license.
17    (b) Any person whose license or privilege to operate a
18motor vehicle in this State has been suspended or revoked under
19Section 3-707, any provision of Chapter 6, Chapter 11, or
20Section 7-205, 7-303, or 7-702 of the Family Financial
21Responsibility Law of this Code, shall in addition to any other
22fees required by this Code, pay a reinstatement fee as follows:
23    Suspension under Section 3-707................... $150 $100
24    Suspension under Section 11-1431....................$100
25    Summary suspension under Section 11-501.1...........$250
26    Suspension under Section 11-501.9...................$250

 

 

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1    Summary revocation under Section 11-501.1............$500
2    Other suspension......................................$70
3    Revocation...........................................$500
4    However, any person whose license or privilege to operate a
5motor vehicle in this State has been suspended or revoked for a
6second or subsequent time for a violation of Section 11-501,
711-501.1, or 11-501.9 of this Code or a similar provision of a
8local ordinance or a similar out-of-state offense or Section
99-3 of the Criminal Code of 1961 or the Criminal Code of 2012
10and each suspension or revocation was for a violation of
11Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
12provision of a local ordinance or a similar out-of-state
13offense or Section 9-3 of the Criminal Code of 1961 or the
14Criminal Code of 2012 shall pay, in addition to any other fees
15required by this Code, a reinstatement fee as follows:
16    Summary suspension under Section 11-501.1............$500
17    Suspension under Section 11-501.9...................$500
18    Summary revocation under Section 11-501.1............$500
19    Revocation...........................................$500
20    (c) All fees collected under the provisions of this Chapter
216 shall be disbursed under subsection (g) of Section 2-119 of
22this Code, except as follows:
23        1. The following amounts shall be paid into the Driver
24    Education Fund:
25            (A) $16 of the $20 fee for an original driver's
26        instruction permit;

 

 

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1            (B) $5 of the $30 fee for an original driver's
2        license;
3            (C) $5 of the $30 fee for a 4 year renewal driver's
4        license;
5            (D) $4 of the $8 fee for a restricted driving
6        permit; and
7            (E) $4 of the $8 fee for a monitoring device
8        driving permit.
9        2. $30 of the $250 fee for reinstatement of a license
10    summarily suspended under Section 11-501.1 or suspended
11    under Section 11-501.9 shall be deposited into the Drunk
12    and Drugged Driving Prevention Fund. However, for a person
13    whose license or privilege to operate a motor vehicle in
14    this State has been suspended or revoked for a second or
15    subsequent time for a violation of Section 11-501,
16    11-501.1, or 11-501.9 of this Code or Section 9-3 of the
17    Criminal Code of 1961 or the Criminal Code of 2012, $190 of
18    the $500 fee for reinstatement of a license summarily
19    suspended under Section 11-501.1 or suspended under
20    Section 11-501.9, and $190 of the $500 fee for
21    reinstatement of a revoked license shall be deposited into
22    the Drunk and Drugged Driving Prevention Fund. $190 of the
23    $500 fee for reinstatement of a license summarily revoked
24    pursuant to Section 11-501.1 shall be deposited into the
25    Drunk and Drugged Driving Prevention Fund.
26        3. $6 of the original or renewal fee for a commercial

 

 

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1    driver's license and $6 of the commercial learner's permit
2    fee when the permit is issued to any person holding a valid
3    Illinois driver's license, shall be paid into the
4    CDLIS/AAMVAnet/NMVTIS Trust Fund.
5        4. $30 of the $70 fee for reinstatement of a license
6    suspended under the Family Financial Responsibility Law
7    shall be paid into the Family Responsibility Fund.
8        5. The $5 fee for each original or renewal M or L
9    endorsement shall be deposited into the Cycle Rider Safety
10    Training Fund.
11        6. $20 of any original or renewal fee for a commercial
12    driver's license or commercial learner's permit shall be
13    paid into the Motor Carrier Safety Inspection Fund.
14        7. The following amounts shall be paid into the General
15    Revenue Fund:
16            (A) $190 of the $250 reinstatement fee for a
17        summary suspension under Section 11-501.1 or a
18        suspension under Section 11-501.9;
19            (B) $40 of the $70 reinstatement fee for any other
20        suspension provided in subsection (b) of this Section;
21        and
22            (C) $440 of the $500 reinstatement fee for a first
23        offense revocation and $310 of the $500 reinstatement
24        fee for a second or subsequent revocation.
25        8. Fees collected under paragraph (4) of subsection (d)
26    and subsection (h) of Section 6-205 of this Code;

 

 

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1    subparagraph (C) of paragraph 3 of subsection (c) of
2    Section 6-206 of this Code; and paragraph (4) of subsection
3    (a) of Section 6-206.1 of this Code, shall be paid into the
4    funds set forth in those Sections.
5    (d) All of the proceeds of the additional fees imposed by
6this amendatory Act of the 96th General Assembly shall be
7deposited into the Capital Projects Fund.
8    (e) The additional fees imposed by this amendatory Act of
9the 96th General Assembly shall become effective 90 days after
10becoming law.
11    (f) As used in this Section, "active-duty member of the
12United States Armed Forces" means a member of the Armed
13Services or Reserve Forces of the United States or a member of
14the Illinois National Guard who is called to active duty
15pursuant to an executive order of the President of the United
16States, an act of the Congress of the United States, or an
17order of the Governor.
18(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
1910 of P.A. 99-414 for the effective date of changes made by
20P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
2198-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff.
221-1-16; revised 10-19-15.)
 
23    (625 ILCS 5/6-205)
24    Sec. 6-205. Mandatory revocation of license or permit;
25Hardship cases.

 

 

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1    (a) Except as provided in this Section, the Secretary of
2State shall immediately revoke the license, permit, or driving
3privileges of any driver upon receiving a report of the
4driver's conviction of any of the following offenses:
5        1. Reckless homicide resulting from the operation of a
6    motor vehicle;
7        2. Violation of Section 11-501 of this Code or a
8    similar provision of a local ordinance relating to the
9    offense of operating or being in physical control of a
10    vehicle while under the influence of alcohol, other drug or
11    drugs, intoxicating compound or compounds, or any
12    combination thereof;
13        3. Any felony under the laws of any State or the
14    federal government in the commission of which a motor
15    vehicle was used;
16        4. Violation of Section 11-401 of this Code relating to
17    the offense of leaving the scene of a traffic accident
18    involving death or personal injury;
19        5. Perjury or the making of a false affidavit or
20    statement under oath to the Secretary of State under this
21    Code or under any other law relating to the ownership or
22    operation of motor vehicles;
23        6. Conviction upon 3 charges of violation of Section
24    11-503 of this Code relating to the offense of reckless
25    driving committed within a period of 12 months;
26        7. Conviction of any offense defined in Section 4-102

 

 

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1    of this Code;
2        8. Violation of Section 11-504 of this Code relating to
3    the offense of drag racing;
4        9. Violation of Chapters 8 and 9 of this Code;
5        10. Violation of Section 12-5 of the Criminal Code of
6    1961 or the Criminal Code of 2012 arising from the use of a
7    motor vehicle;
8        11. Violation of Section 11-204.1 of this Code relating
9    to aggravated fleeing or attempting to elude a peace
10    officer;
11        12. Violation of paragraph (1) of subsection (b) of
12    Section 6-507, or a similar law of any other state,
13    relating to the unlawful operation of a commercial motor
14    vehicle;
15        13. Violation of paragraph (a) of Section 11-502 of
16    this Code or a similar provision of a local ordinance if
17    the driver has been previously convicted of a violation of
18    that Section or a similar provision of a local ordinance
19    and the driver was less than 21 years of age at the time of
20    the offense;
21        14. Violation of paragraph (a) of Section 11-506 of
22    this Code or a similar provision of a local ordinance
23    relating to the offense of street racing;
24        15. A second or subsequent conviction of driving while
25    the person's driver's license, permit or privileges was
26    revoked for reckless homicide or a similar out-of-state

 

 

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1    offense;
2        16. Any offense against any provision in this Code, or
3    any local ordinance, regulating the movement of traffic
4    when that offense was the proximate cause of the death of
5    any person. Any person whose driving privileges have been
6    revoked pursuant to this paragraph may seek to have the
7    revocation terminated or to have the length of revocation
8    reduced by requesting an administrative hearing with the
9    Secretary of State prior to the projected driver's license
10    application eligibility date;
11        17. Violation of subsection (a-2) of Section 11-1301.3
12    of this Code or a similar provision of a local ordinance;
13        18. A second or subsequent conviction of illegal
14    possession, while operating or in actual physical control,
15    as a driver, of a motor vehicle, of any controlled
16    substance prohibited under the Illinois Controlled
17    Substances Act, any cannabis prohibited under the Cannabis
18    Control Act, or any methamphetamine prohibited under the
19    Methamphetamine Control and Community Protection Act. A
20    defendant found guilty of this offense while operating a
21    motor vehicle shall have an entry made in the court record
22    by the presiding judge that this offense did occur while
23    the defendant was operating a motor vehicle and order the
24    clerk of the court to report the violation to the Secretary
25    of State; .
26        19. Conviction of an offense under subsection (a-5) of

 

 

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1    Section 3-707 of this Code relating to the operation of an
2    uninsured motor vehicle causing bodily harm or death to
3    another person. A second or subsequent conviction of an
4    offense under subsection (a-5) of Section 3-707 of this
5    Code shall result in a lifetime revocation of driving
6    privileges.
7    (b) The Secretary of State shall also immediately revoke
8the license or permit of any driver in the following
9situations:
10        1. Of any minor upon receiving the notice provided for
11    in Section 5-901 of the Juvenile Court Act of 1987 that the
12    minor has been adjudicated under that Act as having
13    committed an offense relating to motor vehicles prescribed
14    in Section 4-103 of this Code;
15        2. Of any person when any other law of this State
16    requires either the revocation or suspension of a license
17    or permit;
18        3. Of any person adjudicated under the Juvenile Court
19    Act of 1987 based on an offense determined to have been
20    committed in furtherance of the criminal activities of an
21    organized gang as provided in Section 5-710 of that Act,
22    and that involved the operation or use of a motor vehicle
23    or the use of a driver's license or permit. The revocation
24    shall remain in effect for the period determined by the
25    court.
26    (c)(1) Whenever a person is convicted of any of the

 

 

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1offenses enumerated in this Section, the court may recommend
2and the Secretary of State in his discretion, without regard to
3whether the recommendation is made by the court may, upon
4application, issue to the person a restricted driving permit
5granting the privilege of driving a motor vehicle between the
6petitioner's residence and petitioner's place of employment or
7within the scope of the petitioner's employment related duties,
8or to allow the petitioner to transport himself or herself or a
9family member of the petitioner's household to a medical
10facility for the receipt of necessary medical care or to allow
11the petitioner to transport himself or herself to and from
12alcohol or drug remedial or rehabilitative activity
13recommended by a licensed service provider, or to allow the
14petitioner to transport himself or herself or a family member
15of the petitioner's household to classes, as a student, at an
16accredited educational institution, or to allow the petitioner
17to transport children, elderly persons, or persons with
18disabilities who do not hold driving privileges and are living
19in the petitioner's household to and from daycare; if the
20petitioner is able to demonstrate that no alternative means of
21transportation is reasonably available and that the petitioner
22will not endanger the public safety or welfare; provided that
23the Secretary's discretion shall be limited to cases where
24undue hardship, as defined by the rules of the Secretary of
25State, would result from a failure to issue the restricted
26driving permit.

 

 

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1        (1.5) A person subject to the provisions of paragraph 4
2    of subsection (b) of Section 6-208 of this Code may make
3    application for a restricted driving permit at a hearing
4    conducted under Section 2-118 of this Code after the
5    expiration of 5 years from the effective date of the most
6    recent revocation, or after 5 years from the date of
7    release from a period of imprisonment resulting from a
8    conviction of the most recent offense, whichever is later,
9    provided the person, in addition to all other requirements
10    of the Secretary, shows by clear and convincing evidence:
11            (A) a minimum of 3 years of uninterrupted
12        abstinence from alcohol and the unlawful use or
13        consumption of cannabis under the Cannabis Control
14        Act, a controlled substance under the Illinois
15        Controlled Substances Act, an intoxicating compound
16        under the Use of Intoxicating Compounds Act, or
17        methamphetamine under the Methamphetamine Control and
18        Community Protection Act; and
19            (B) the successful completion of any
20        rehabilitative treatment and involvement in any
21        ongoing rehabilitative activity that may be
22        recommended by a properly licensed service provider
23        according to an assessment of the person's alcohol or
24        drug use under Section 11-501.01 of this Code.
25        In determining whether an applicant is eligible for a
26    restricted driving permit under this paragraph (1.5), the

 

 

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1    Secretary may consider any relevant evidence, including,
2    but not limited to, testimony, affidavits, records, and the
3    results of regular alcohol or drug tests. Persons subject
4    to the provisions of paragraph 4 of subsection (b) of
5    Section 6-208 of this Code and who have been convicted of
6    more than one violation of paragraph (3), paragraph (4), or
7    paragraph (5) of subsection (a) of Section 11-501 of this
8    Code shall not be eligible to apply for a restricted
9    driving permit.
10        A restricted driving permit issued under this
11    paragraph (1.5) shall provide that the holder may only
12    operate motor vehicles equipped with an ignition interlock
13    device as required under paragraph (2) of subsection (c) of
14    this Section and subparagraph (A) of paragraph 3 of
15    subsection (c) of Section 6-206 of this Code. The Secretary
16    may revoke a restricted driving permit or amend the
17    conditions of a restricted driving permit issued under this
18    paragraph (1.5) if the holder operates a vehicle that is
19    not equipped with an ignition interlock device, or for any
20    other reason authorized under this Code.
21        A restricted driving permit issued under this
22    paragraph (1.5) shall be revoked, and the holder barred
23    from applying for or being issued a restricted driving
24    permit in the future, if the holder is subsequently
25    convicted of a violation of Section 11-501 of this Code, a
26    similar provision of a local ordinance, or a similar

 

 

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

 

 

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1            6-203.1;
2        arising out of separate occurrences; or
3            (B) a person has been convicted of one violation of
4        subparagraph (C) or (F) of paragraph (1) of subsection
5        (d) of Section 11-501 of this Code, Section 9-3 of the
6        Criminal Code of 1961 or the Criminal Code of 2012,
7        relating to the offense of reckless homicide where the
8        use of alcohol or other drugs was recited as an element
9        of the offense, or a similar provision of a law of
10        another state;
11    that person, if issued a restricted driving permit, may not
12    operate a vehicle unless it has been equipped with an
13    ignition interlock device as defined in Section 1-129.1.
14        (4) The person issued a permit conditioned on the use
15    of an ignition interlock device must pay to the Secretary
16    of State DUI Administration Fund an amount not to exceed
17    $30 per month. The Secretary shall establish by rule the
18    amount and the procedures, terms, and conditions relating
19    to these fees.
20        (5) If the restricted driving permit is issued for
21    employment purposes, then the prohibition against
22    operating a motor vehicle that is not equipped with an
23    ignition interlock device does not apply to the operation
24    of an occupational vehicle owned or leased by that person's
25    employer when used solely for employment purposes. For any
26    person who, within a 5-year period, is convicted of a

 

 

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1    second or subsequent offense under Section 11-501 of this
2    Code, or a similar provision of a local ordinance or
3    similar out-of-state offense, this employment exemption
4    does not apply until either a one-year one year period has
5    elapsed during which that person had his or her driving
6    privileges revoked or a one-year one year period has
7    elapsed during which that person had a restricted driving
8    permit which required the use of an ignition interlock
9    device on every motor vehicle owned or operated by that
10    person.
11        (6) In each case the Secretary of State may issue a
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. A restricted driving permit
15    issued under this Section shall be subject to cancellation,
16    revocation, and suspension by the Secretary of State in
17    like manner and for like cause as a driver's license issued
18    under this Code may be cancelled, revoked, or suspended;
19    except that a conviction upon one or more offenses against
20    laws or ordinances regulating the movement of traffic shall
21    be deemed sufficient cause for the revocation, suspension,
22    or cancellation of a restricted driving permit. The
23    Secretary of State may, as a condition to the issuance of a
24    restricted driving permit, require the petitioner to
25    participate in a designated driver remedial or
26    rehabilitative program. The Secretary of State is

 

 

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1    authorized to cancel a restricted driving permit if the
2    permit holder does not successfully complete the program.
3    However, if an individual's driving privileges have been
4    revoked in accordance with paragraph 13 of subsection (a)
5    of this Section, no restricted driving permit shall be
6    issued until the individual has served 6 months of the
7    revocation period.
8    (c-5) (Blank).
9    (c-6) If a person is convicted of a second violation of
10operating a motor vehicle while the person's driver's license,
11permit or privilege was revoked, where the revocation was for a
12violation of Section 9-3 of the Criminal Code of 1961 or the
13Criminal Code of 2012 relating to the offense of reckless
14homicide or a similar out-of-state offense, the person's
15driving privileges shall be revoked pursuant to subdivision
16(a)(15) of this Section. The person may not make application
17for a license or permit until the expiration of five years from
18the effective date of the revocation or the expiration of five
19years from the date of release from a term of imprisonment,
20whichever is later.
21    (c-7) If a person is convicted of a third or subsequent
22violation of operating a motor vehicle while the person's
23driver's license, permit or privilege was revoked, where the
24revocation was for a violation of Section 9-3 of the Criminal
25Code of 1961 or the Criminal Code of 2012 relating to the
26offense of reckless homicide or a similar out-of-state offense,

 

 

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1the person may never apply for a license or permit.
2    (d)(1) Whenever a person under the age of 21 is convicted
3under Section 11-501 of this Code or a similar provision of a
4local ordinance or a similar out-of-state offense, the
5Secretary of State shall revoke the driving privileges of that
6person. One year after the date of revocation, and upon
7application, the Secretary of State may, if satisfied that the
8person applying will not endanger the public safety or welfare,
9issue a restricted driving permit granting the privilege of
10driving a motor vehicle only between the hours of 5 a.m. and 9
11p.m. or as otherwise provided by this Section for a period of
12one year. After this one-year one year period, and upon
13reapplication for a license as provided in Section 6-106, upon
14payment of the appropriate reinstatement fee provided under
15paragraph (b) of Section 6-118, the Secretary of State, in his
16discretion, may reinstate the petitioner's driver's license
17and driving privileges, or extend the restricted driving permit
18as many times as the Secretary of State deems appropriate, by
19additional periods of not more than 12 months each.
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 a person's license or permit is revoked or
7    suspended 2 or more times due to any combination of:
8            (A) a single conviction of violating Section
9        11-501 of this Code or a similar provision of a local
10        ordinance or a similar out-of-state offense, or
11        Section 9-3 of the Criminal Code of 1961 or the
12        Criminal Code of 2012, where the use of alcohol or
13        other drugs is recited as an element of the offense, or
14        a similar out-of-state offense; or
15            (B) a statutory summary suspension or revocation
16        under Section 11-501.1; or
17            (C) a suspension pursuant to Section 6-203.1;
18    arising out of separate occurrences, that person, if issued
19    a restricted driving permit, may not operate a vehicle
20    unless it has been equipped with an ignition interlock
21    device as defined in Section 1-129.1.
22        (3.5) If a person's license or permit is revoked or
23    suspended due to a conviction for a violation of
24    subparagraph (C) or (F) of paragraph (1) of subsection (d)
25    of Section 11-501 of this Code, or a similar provision of a
26    local ordinance or similar out-of-state offense, that

 

 

HB4444- 26 -LRB099 15809 RJF 40118 b

1    person, if issued a restricted driving permit, may not
2    operate a vehicle unless it has been equipped with an
3    ignition interlock device as defined in Section 1-129.1.
4        (4) The person issued a permit conditioned upon the use
5    of an interlock device must pay to the Secretary of State
6    DUI Administration Fund an amount not to exceed $30 per
7    month. The Secretary shall establish by rule the amount and
8    the procedures, terms, and conditions relating to these
9    fees.
10        (5) If the restricted driving permit is issued for
11    employment purposes, then the prohibition against driving
12    a vehicle that is not equipped with an ignition interlock
13    device does not apply to the operation of an occupational
14    vehicle owned or leased by that person's employer when used
15    solely for employment purposes. For any person who, within
16    a 5-year period, is convicted of a second or subsequent
17    offense under Section 11-501 of this Code, or a similar
18    provision of a local ordinance or similar out-of-state
19    offense, this employment exemption does not apply until
20    either a one-year one year period has elapsed during which
21    that person had his or her driving privileges revoked or a
22    one-year one year period has elapsed during which that
23    person had a restricted driving permit which required the
24    use of an ignition interlock device on every motor vehicle
25    owned or operated by that person.
26        (6) A restricted driving permit issued under this

 

 

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1    Section shall be subject to cancellation, revocation, and
2    suspension by the Secretary of State in like manner and for
3    like cause as a driver's license issued under this Code may
4    be cancelled, revoked, or suspended; except that a
5    conviction upon one or more offenses against laws or
6    ordinances regulating the movement of traffic shall be
7    deemed sufficient cause for the revocation, suspension, or
8    cancellation of a restricted driving permit.
9    (d-5) The revocation of the license, permit, or driving
10privileges of a person convicted of a third or subsequent
11violation of Section 6-303 of this Code committed while his or
12her driver's license, permit, or privilege was revoked because
13of a violation of Section 9-3 of the Criminal Code of 1961 or
14the Criminal Code of 2012, relating to the offense of reckless
15homicide, or a similar provision of a law of another state, is
16permanent. The Secretary may not, at any time, issue a license
17or permit to that person.
18    (e) This Section is subject to the provisions of the Driver
19License Compact.
20    (f) Any revocation imposed upon any person under
21subsections 2 and 3 of paragraph (b) that is in effect on
22December 31, 1988 shall be converted to a suspension for a like
23period of time.
24    (g) The Secretary of State shall not issue a restricted
25driving permit to a person under the age of 16 years whose
26driving privileges have been revoked under any provisions of

 

 

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1this Code.
2    (h) The Secretary of State shall require the use of
3ignition interlock devices for a period not less than 5 years
4on all vehicles owned by a person who has been convicted of a
5second or subsequent offense under Section 11-501 of this Code
6or a similar provision of a local ordinance. The person must
7pay to the Secretary of State DUI Administration Fund an amount
8not to exceed $30 for each month that he or she uses the
9device. The Secretary shall establish by rule and regulation
10the procedures for certification and use of the interlock
11system, the amount of the fee, and the procedures, terms, and
12conditions relating to these fees. During the time period in
13which a person is required to install an ignition interlock
14device under this subsection (h), that person shall only
15operate vehicles in which ignition interlock devices have been
16installed, except as allowed by subdivision (c)(5) or (d)(5) of
17this Section.
18    (i) (Blank).
19    (j) In accordance with 49 C.F.R. 384, the Secretary of
20State may not issue a restricted driving permit for the
21operation of a commercial motor vehicle to a person holding a
22CDL whose driving privileges have been revoked, suspended,
23cancelled, or disqualified under any provisions of this Code.
24    (k) The Secretary of State shall notify by mail any person
25whose driving privileges have been revoked under paragraph 16
26of subsection (a) of this Section that his or her driving

 

 

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1privileges and driver's license will be revoked 90 days from
2the date of the mailing of the notice.
3(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
499-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
599-467, eff. 1-1-16; 99-483, eff. 1-1-16; revised 11-2-15.)
 
6    (625 ILCS 5/7-606)  (from Ch. 95 1/2, par. 7-606)
7    Sec. 7-606. Uninsured motor vehicles - suspension and
8reinstatement. The Secretary shall suspend the vehicle
9registration of any motor vehicle determined by the Secretary
10to be in violation of Section 7-601 of this Code, including any
11motor vehicle operated in violation of Section 3-707, 3-708 or
123-710 of this Code by an operator other than the owner of the
13vehicle. Neither the fact that, subsequent to the date of
14verification or conviction, the owner acquired the required
15liability insurance policy nor the fact that the owner
16terminated ownership of the motor vehicle shall have any
17bearing upon the Secretary's decision to suspend.
18    The Secretary is authorized to suspend the registration of
19any motor vehicle registered in this State upon receiving
20notice of the conviction of the operator of the motor vehicle
21in another State of an offense which, if committed in this
22State, would constitute a violation of Section 7-601 of this
23Code.
24    Until it is terminated, the suspension shall remain in
25force after the registration is renewed or a new registration

 

 

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1is acquired for the motor vehicle. The suspension also shall
2apply to any motor vehicle to which the owner transfers the
3registration.
4    In the case of a first violation, the Secretary shall
5terminate the suspension upon payment by the owner of a
6reinstatement fee of $150 $100 and submission of proof of
7insurance as prescribed by the Secretary.
8    In the case of a second or subsequent violation by a person
9having ownership interest in a motor vehicle or vehicles within
10the preceding 4 years, or a violation of Section 3-708 of this
11Code, the Secretary shall terminate the suspension 4 months
12after its effective date upon payment by the owner of a
13reinstatement fee of $150 $100 and submission of proof of
14insurance as prescribed by the Secretary.
15    All fees collected under this Section shall be disbursed
16under subsection (g) of Section 2-119 of this Code.
17(Source: P.A. 99-127, eff. 1-1-16.)