Illinois General Assembly - Full Text of SB1885
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Full Text of SB1885  99th General Assembly

SB1885enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
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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 1-126.1, 6-102, 6-303, and 11-1414 as follows:
 
6    (625 ILCS 5/1-126.1)
7    Sec. 1-126.1. Highway Designations. The Department of
8Transportation may designate streets or highways in the system
9of State highways as follows:
10        (a) Class I highways include interstate highways,
11    expressways, tollways, and other highways deemed
12    appropriate by the department.
13        (b) Class II highways include major arterials not built
14    to interstate highway standards that have at least 11 feet
15    lane widths.
16        (c) Class III highways include those State highways
17    that have lane widths of less than 11 feet.
18        (d) Non-designated highways are highways in the system
19    of State highways not designated as Class I, II, or III, or
20    local highways which are part of any county, township,
21    municipal, or district road system, including highways on
22    public school property. Local authorities also may
23    designate Class II or Class III highways within their

 

 

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1    systems of highways.
2(Source: P.A. 92-417, eff. 1-1-02.)
 
3    (625 ILCS 5/6-102)  (from Ch. 95 1/2, par. 6-102)
4    Sec. 6-102. What persons are exempt. The following persons
5are exempt from the requirements of Section 6-101 and are not
6required to have an Illinois drivers license or permit if one
7or more of the following qualifying exemptions are met and
8apply:
9        1. Any employee of the United States Government or any
10    member of the Armed Forces of the United States, while
11    operating a motor vehicle owned by or leased to the United
12    States Government and being operated on official business
13    need not be licensed;
14        2. A nonresident who has in his immediate possession a
15    valid license issued to him in his home state or country
16    may operate a motor vehicle for which he is licensed for
17    the period during which he is in this State;
18        3. A nonresident and his spouse and children living
19    with him who is a student at a college or university in
20    Illinois who have a valid license issued by their home
21    State.
22        4. A person operating a road machine temporarily upon a
23    highway or operating a farm tractor between the home farm
24    buildings and any adjacent or nearby farm land for the
25    exclusive purpose of conducting farm operations need not be

 

 

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1    licensed as a driver.
2        5. A resident of this State who has been serving as a
3    member of the Armed Forces of the United States outside the
4    Continental limits of the United States, for a period of
5    120 days following his return to the continental limits of
6    the United States.
7        6. A nonresident on active duty in the Armed Forces of
8    the United States who has a valid license issued by his
9    home state and such nonresident's spouse, and dependent
10    children and living with parents, who have a valid license
11    issued by their home state.
12        7. A nonresident who becomes a resident of this State,
13    may for a period of the first 90 days of residence in
14    Illinois operate any motor vehicle which he was qualified
15    or licensed to drive by his home state or country so long
16    as he has in his possession, a valid and current license
17    issued to him by his home state or country. Upon expiration
18    of such 90 day period, such new resident must comply with
19    the provisions of this Act and apply for an Illinois
20    license or permit.
21        8. An engineer, conductor, brakeman, or any other
22    member of the crew of a locomotive or train being operated
23    upon rails, including operation on a railroad crossing over
24    a public street, road or highway. Such person is not
25    required to display a driver's license to any law
26    enforcement officer in connection with the operation of a

 

 

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1    locomotive or train within this State.
2    The provisions of this Section granting exemption to any
3nonresident shall be operative to the same extent that the laws
4of the State or country of such nonresident grant like
5exemption to residents of this State.
6    The Secretary of State may implement the exemption
7provisions of this Section by inclusion thereof in a
8reciprocity agreement, arrangement or declaration issued
9pursuant to this Act.
10(Source: P.A. 96-607, eff. 8-24-09; 97-835, eff. 7-20-12.)
 
11    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
12    Sec. 6-303. Driving while driver's license, permit or
13privilege to operate a motor vehicle is suspended or revoked.
14    (a) Except as otherwise provided in subsection (a-5), and
15except as exempted under subsection 4 of Section 6-102 of this
16Code, any person who drives or is in actual physical control of
17a motor vehicle on any highway of this State at a time when
18such person's driver's license, permit or privilege to do so or
19the privilege to obtain a driver's license or permit is revoked
20or suspended as provided by this Code or the law of another
21state, except as may be specifically allowed by a judicial
22driving permit issued prior to January 1, 2009, monitoring
23device driving permit, family financial responsibility driving
24permit, probationary license to drive, or a restricted driving
25permit issued pursuant to this Code or under the law of another

 

 

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1state, shall be guilty of a Class A misdemeanor.
2    (a-3) A second or subsequent violation of subsection (a) of
3this Section is a Class 4 felony if committed by a person whose
4driving or operation of a motor vehicle is the proximate cause
5of a motor vehicle accident that causes personal injury or
6death to another. For purposes of this subsection, a personal
7injury includes any Type A injury as indicated on the traffic
8accident report completed by a law enforcement officer that
9requires immediate professional attention in either a doctor's
10office or a medical facility. A Type A injury includes severe
11bleeding wounds, distorted extremities, and injuries that
12require the injured party to be carried from the scene.
13    (a-5) Any person who violates this Section as provided in
14subsection (a) while his or her driver's license, permit or
15privilege is revoked because of a violation of Section 9-3 of
16the Criminal Code of 1961 or the Criminal Code of 2012,
17relating to the offense of reckless homicide or a similar
18provision of a law of another state, is guilty of a Class 4
19felony. The person shall be required to undergo a professional
20evaluation, as provided in Section 11-501 of this Code, to
21determine if an alcohol, drug, or intoxicating compound problem
22exists and the extent of the problem, and to undergo the
23imposition of treatment as appropriate.
24    (a-10) A person's driver's license, permit, or privilege to
25obtain a driver's license or permit may be subject to multiple
26revocations, multiple suspensions, or any combination of both

 

 

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1simultaneously. No revocation or suspension shall serve to
2negate, invalidate, cancel, postpone, or in any way lessen the
3effect of any other revocation or suspension entered prior or
4subsequent to any other revocation or suspension.
5    (b) (Blank).
6    (b-1) Upon receiving a report of the conviction of any
7violation indicating a person was operating a motor vehicle
8during the time when the person's driver's license, permit or
9privilege was suspended by the Secretary of State or the
10driver's licensing administrator of another state, except as
11specifically allowed by a probationary license, judicial
12driving permit, restricted driving permit or monitoring device
13driving permit the Secretary shall extend the suspension for
14the same period of time as the originally imposed suspension
15unless the suspension has already expired, in which case the
16Secretary shall be authorized to suspend the person's driving
17privileges for the same period of time as the originally
18imposed suspension.
19    (b-2) Except as provided in subsection (b-6), upon
20receiving a report of the conviction of any violation
21indicating a person was operating a motor vehicle when the
22person's driver's license, permit or privilege was revoked by
23the Secretary of State or the driver's license administrator of
24any other state, except as specifically allowed by a restricted
25driving permit issued pursuant to this Code or the law of
26another state, the Secretary shall not issue a driver's license

 

 

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1for an additional period of one year from the date of such
2conviction indicating such person was operating a vehicle
3during such period of revocation.
4    (b-3) (Blank).
5    (b-4) When the Secretary of State receives a report of a
6conviction of any violation indicating a person was operating a
7motor vehicle that was not equipped with an ignition interlock
8device during a time when the person was prohibited from
9operating a motor vehicle not equipped with such a device, the
10Secretary shall not issue a driver's license to that person for
11an additional period of one year from the date of the
12conviction.
13    (b-5) Any person convicted of violating this Section shall
14serve a minimum term of imprisonment of 30 consecutive days or
15300 hours of community service when the person's driving
16privilege was revoked or suspended as a result of a violation
17of Section 9-3 of the Criminal Code of 1961 or the Criminal
18Code of 2012, relating to the offense of reckless homicide, or
19a similar provision of a law of another state.
20    (b-6) Upon receiving a report of a first conviction of
21operating a motor vehicle while the person's driver's license,
22permit or privilege was revoked where the revocation was for a
23violation of Section 9-3 of the Criminal Code of 1961 or the
24Criminal Code of 2012 relating to the offense of reckless
25homicide or a similar out-of-state offense, the Secretary shall
26not issue a driver's license for an additional period of three

 

 

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1years from the date of such conviction.
2    (c) Except as provided in subsections (c-3) and (c-4), any
3person convicted of violating this Section shall serve a
4minimum term of imprisonment of 10 consecutive days or 30 days
5of community service when the person's driving privilege was
6revoked or suspended as a result of:
7        (1) a 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, any other
11    drug or any combination thereof; or
12        (2) a violation of paragraph (b) of Section 11-401 of
13    this Code or a similar provision of a local ordinance
14    relating to the offense of leaving the scene of a motor
15    vehicle accident involving personal injury or death; or
16        (3) a statutory summary suspension or revocation under
17    Section 11-501.1 of this Code.
18    Such sentence of imprisonment or community service shall
19not be subject to suspension in order to reduce such sentence.
20    (c-1) Except as provided in subsections (c-5) and (d), any
21person convicted of a second violation of this Section shall be
22ordered by the court to serve a minimum of 100 hours of
23community service.
24    (c-2) In addition to other penalties imposed under this
25Section, the court may impose on any person convicted a fourth
26time of violating this Section any of the following:

 

 

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1        (1) Seizure of the license plates of the person's
2    vehicle.
3        (2) Immobilization of the person's vehicle for a period
4    of time to be determined by the court.
5    (c-3) Any person convicted of a violation of this Section
6during a period of summary suspension imposed pursuant to
7Section 11-501.1 when the person was eligible for a MDDP shall
8be guilty of a Class 4 felony and shall serve a minimum term of
9imprisonment of 30 days.
10    (c-4) Any person who has been issued a MDDP and who is
11convicted of a violation of this Section as a result of
12operating or being in actual physical control of a motor
13vehicle not equipped with an ignition interlock device at the
14time of the offense shall be guilty of a Class 4 felony and
15shall serve a minimum term of imprisonment of 30 days.
16    (c-5) Any person convicted of a second violation of this
17Section is guilty of a Class 2 felony, is not eligible for
18probation or conditional discharge, and shall serve a mandatory
19term of imprisonment, if:
20         (1) the current violation occurred when the person's
21    driver's license was suspended or revoked for a violation
22    of Section 9-3 of the Criminal Code of 1961 or the Criminal
23    Code of 2012, relating to the offense of reckless homicide,
24    or a similar out-of-state offense; and
25        (2) the prior conviction under this Section occurred
26    while the person's driver's license was suspended or

 

 

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1    revoked for a violation of Section 9-3 of the Criminal Code
2    of 1961 or the Criminal Code of 2012 relating to the
3    offense of reckless homicide, or a similar out-of-state
4    offense, or was suspended or revoked for a violation of
5    Section 11-401 or 11-501 of this Code, a similar
6    out-of-state offense, a similar provision of a local
7    ordinance, or a statutory summary suspension or revocation
8    under Section 11-501.1 of this Code.
9    (d) Any person convicted of a second violation of this
10Section shall be guilty of a Class 4 felony and shall serve a
11minimum term of imprisonment of 30 days or 300 hours of
12community service, as determined by the court, if:
13        (1) the current violation occurred when the person's
14    driver's license was suspended or revoked for a violation
15    of Section 11-401 or 11-501 of this Code, a similar
16    out-of-state offense, a similar provision of a local
17    ordinance, or a statutory summary suspension or revocation
18    under Section 11-501.1 of this Code; and
19        (2) the prior conviction under this Section occurred
20    while the person's driver's license was suspended or
21    revoked for a violation of Section 11-401 or 11-501 of this
22    Code, a similar out-of-state offense, a similar provision
23    of a local ordinance, or a statutory summary suspension or
24    revocation under Section 11-501.1 of this Code, or for a
25    violation of Section 9-3 of the Criminal Code of 1961 or
26    the Criminal Code of 2012, relating to the offense of

 

 

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1    reckless homicide, or a similar out-of-state offense.
2    (d-1) Except as provided in subsections (d-2), (d-2.5), and
3(d-3), any person convicted of a third or subsequent violation
4of this Section shall serve a minimum term of imprisonment of
530 days or 300 hours of community service, as determined by the
6court.
7    (d-2) Any person convicted of a third violation of this
8Section is guilty of a Class 4 felony and must serve a minimum
9term of imprisonment of 30 days, if:
10        (1) the current violation occurred when the person's
11    driver's license was suspended or revoked for a violation
12    of Section 11-401 or 11-501 of this Code, or a similar
13    out-of-state offense, or a similar provision of a local
14    ordinance, or a statutory summary suspension or revocation
15    under Section 11-501.1 of this Code; and
16        (2) the prior convictions under this Section occurred
17    while the person's driver's license was suspended or
18    revoked for a violation of Section 11-401 or 11-501 of this
19    Code, a similar out-of-state offense, a similar provision
20    of a local ordinance, or a statutory summary suspension or
21    revocation under Section 11-501.1 of this Code, or for a
22    violation of Section 9-3 of the Criminal Code of 1961 or
23    the Criminal Code of 2012, relating to the offense of
24    reckless homicide, or a similar out-of-state offense.
25    (d-2.5) Any person convicted of a third violation of this
26Section is guilty of a Class 1 felony, is not eligible for

 

 

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1probation or conditional discharge, and must serve a mandatory
2term of imprisonment, if:
3        (1) the current violation occurred while the person's
4    driver's license was suspended or revoked for a violation
5    of Section 9-3 of the Criminal Code of 1961 or the Criminal
6    Code of 2012, relating to the offense of reckless homicide,
7    or a similar out-of-state offense. The person's driving
8    privileges shall be revoked for the remainder of the
9    person's life; and
10        (2) the prior convictions under this Section occurred
11    while the person's driver's license was suspended or
12    revoked for a violation of Section 9-3 of the Criminal Code
13    of 1961 or the Criminal Code of 2012, relating to the
14    offense of reckless homicide, or a similar out-of-state
15    offense, or was suspended or revoked for a violation of
16    Section 11-401 or 11-501 of this Code, a similar
17    out-of-state offense, a similar provision of a local
18    ordinance, or a statutory summary suspension or revocation
19    under Section 11-501.1 of this Code.
20    (d-3) Any person convicted of a fourth, fifth, sixth,
21seventh, eighth, or ninth violation of this Section is guilty
22of a Class 4 felony and must serve a minimum term of
23imprisonment of 180 days, if:
24        (1) the current violation occurred when the person's
25    driver's license was suspended or revoked for a violation
26    of Section 11-401 or 11-501 of this Code, a similar

 

 

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1    out-of-state offense, a similar provision of a local
2    ordinance, or a statutory summary suspension or revocation
3    under Section 11-501.1 of this Code; and
4        (2) the prior convictions under this Section occurred
5    while the person's driver's license was suspended or
6    revoked for a violation of Section 11-401 or 11-501 of this
7    Code, a similar out-of-state offense, a similar provision
8    of a local ordinance, or a statutory summary suspension or
9    revocation under Section 11-501.1 of this Code, or for a
10    violation of Section 9-3 of the Criminal Code of 1961 or
11    the Criminal Code of 2012, relating to the offense of
12    reckless homicide, or a similar out-of-state offense.
13    (d-3.5) Any person convicted of a fourth or subsequent
14violation of this Section is guilty of a Class 1 felony, is not
15eligible for probation or conditional discharge, and must serve
16a mandatory term of imprisonment, and is eligible for an
17extended term, if:
18        (1) the current violation occurred when the person's
19    driver's license was suspended or revoked for a violation
20    of Section 9-3 of the Criminal Code of 1961 or the Criminal
21    Code of 2012, relating to the offense of reckless homicide,
22    or a similar out-of-state offense; and
23        (2) the prior convictions under this Section occurred
24    while the person's driver's license was suspended or
25    revoked for a violation of Section 9-3 of the Criminal Code
26    of 1961 or the Criminal Code of 2012, relating to the

 

 

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1    offense of reckless homicide, or a similar out-of-state
2    offense, or was suspended or revoked for a violation of
3    Section 11-401 or 11-501 of this Code, a similar
4    out-of-state offense, a similar provision of a local
5    ordinance, or a statutory summary suspension or revocation
6    under Section 11-501.1 of this Code.
7    (d-4) Any person convicted of a tenth, eleventh, twelfth,
8thirteenth, or fourteenth violation of this Section is guilty
9of a Class 3 felony, and is not eligible for probation or
10conditional discharge, if:
11        (1) the current violation occurred when the person's
12    driver's license was suspended or revoked for a violation
13    of Section 11-401 or 11-501 of this Code, or a similar
14    out-of-state offense, or a similar provision of a local
15    ordinance, or a statutory summary suspension or revocation
16    under Section 11-501.1 of this Code; and
17        (2) the prior convictions under this Section occurred
18    while the person's driver's license was suspended or
19    revoked for a violation of Section 11-401 or 11-501 of this
20    Code, a similar out-of-state offense, a similar provision
21    of a local ordinance, or a statutory suspension or
22    revocation under Section 11-501.1 of this Code, or for a
23    violation of Section 9-3 of the Criminal Code of 1961 or
24    the Criminal Code of 2012, relating to the offense of
25    reckless homicide, or a similar out-of-state offense.
26    (d-5) Any person convicted of a fifteenth or subsequent

 

 

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1violation of this Section is guilty of a Class 2 felony, and is
2not eligible for probation or conditional discharge, if:
3        (1) the current violation occurred when the person's
4    driver's license was suspended or revoked for a violation
5    of Section 11-401 or 11-501 of this Code, or a similar
6    out-of-state offense, or a similar provision of a local
7    ordinance, or a statutory summary suspension or revocation
8    under Section 11-501.1 of this Code; and
9        (2) the prior convictions under this Section occurred
10    while the person's driver's license was suspended or
11    revoked for a violation of Section 11-401 or 11-501 of this
12    Code, a similar out-of-state offense, a similar provision
13    of a local ordinance, or a statutory summary suspension or
14    revocation under Section 11-501.1 of this Code, or for a
15    violation of Section 9-3 of the Criminal Code of 1961 or
16    the Criminal Code of 2012, relating to the offense of
17    reckless homicide, or a similar out-of-state offense.
18    (e) Any person in violation of this Section who is also in
19violation of Section 7-601 of this Code relating to mandatory
20insurance requirements, in addition to other penalties imposed
21under this Section, shall have his or her motor vehicle
22immediately impounded by the arresting law enforcement
23officer. The motor vehicle may be released to any licensed
24driver upon a showing of proof of insurance for the vehicle
25that was impounded and the notarized written consent for the
26release by the vehicle owner.

 

 

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1    (f) For any prosecution under this Section, a certified
2copy of the driving abstract of the defendant shall be admitted
3as proof of any prior conviction.
4    (g) The motor vehicle used in a violation of this Section
5is subject to seizure and forfeiture as provided in Sections
636-1 and 36-2 of the Criminal Code of 2012 if the person's
7driving privilege was revoked or suspended as a result of:
8        (1) a violation of Section 11-501 of this Code, a
9    similar provision of a local ordinance, or a similar
10    provision of a law of another state;
11        (2) a violation of paragraph (b) of Section 11-401 of
12    this Code, a similar provision of a local ordinance, or a
13    similar provision of a law of another state;
14        (3) a statutory summary suspension or revocation under
15    Section 11-501.1 of this Code or a similar provision of a
16    law of another state; or
17        (4) a violation of Section 9-3 of the Criminal Code of
18    1961 or the Criminal Code of 2012 relating to the offense
19    of reckless homicide, or a similar provision of a law of
20    another state.
21(Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13;
2298-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff.
238-27-13; 98-756, eff. 7-16-14.)
 
24    (625 ILCS 5/11-1414)  (from Ch. 95 1/2, par. 11-1414)
25    Sec. 11-1414. Approaching, overtaking, and passing school

 

 

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1bus.
2    (a) The driver of a vehicle shall stop such vehicle before
3meeting or overtaking, from either direction, any school bus
4stopped at any location, including highways on public school
5property, for the purpose of receiving or discharging pupils.
6Such stop is required before reaching the school bus when there
7is in operation on the school bus the visual signals as
8specified in Sections 12-803 and 12-805 of this Code. The
9driver of the vehicle shall not proceed until the school bus
10resumes motion or the driver of the vehicle is signaled by the
11school bus driver to proceed or the visual signals are no
12longer actuated.
13    (b) The stop signal arm required by Section 12-803 of this
14Code shall be extended after the school bus has come to a
15complete stop for the purpose of loading or discharging pupils
16and shall be closed before the school bus is placed in motion
17again. The stop signal arm shall not be extended at any other
18time.
19    (c) The alternately flashing red signal lamps of an 8-lamp
20flashing signal system required by Section 12-805 of this Code
21shall be actuated after the school bus has come to a complete
22stop for the purpose of loading or discharging pupils and shall
23be turned off before the school bus is placed in motion again.
24The red signal lamps shall not be actuated at any other time
25except as provided in paragraph (d) of this Section.
26    (d) The alternately flashing amber signal lamps of an

 

 

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18-lamp flashing signal system required by Section 12-805 of
2this Code shall be actuated continuously during not less than
3the last 100 feet traveled by the school bus before stopping
4for the purpose of loading or discharging pupils within an
5urban area and during not less than the last 200 feet traveled
6by the school bus outside an urban area. The amber signal lamps
7shall remain actuated until the school bus is stopped. The
8amber signal lamps shall not be actuated at any other time.
9    (d-5) The alternately flashing head lamps permitted by
10Section 12-805 of this Code may be operated while the
11alternately flashing red or amber signal lamps required by that
12Section are actuated.
13    (e) The driver of a vehicle upon a highway having 4 or more
14lanes which permits at least 2 lanes of traffic to travel in
15opposite directions need not stop such vehicle upon meeting a
16school bus which is stopped in the opposing roadway; and need
17not stop such vehicle when driving upon a controlled access
18highway when passing a school bus traveling in either direction
19that is stopped in a loading zone adjacent to the surfaced or
20improved part of the controlled access highway where
21pedestrians are not permitted to cross.
22    (f) Beginning with the effective date of this amendatory
23Act of 1985, the Secretary of State shall suspend for a period
24of 3 months the driving privileges of any person convicted of a
25violation of subsection (a) of this Section or a similar
26provision of a local ordinance; the Secretary shall suspend for

 

 

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1a period of one year the driving privileges of any person
2convicted of a second or subsequent violation of subsection (a)
3of this Section or a similar provision of a local ordinance if
4the second or subsequent violation occurs within 5 years of a
5prior conviction for the same offense. In addition to the
6suspensions authorized by this Section, any person convicted of
7violating this Section or a similar provision of a local
8ordinance shall be subject to a mandatory fine of $150 or, upon
9a second or subsequent violation, $500. The Secretary may also
10grant, for the duration of any suspension issued under this
11subsection, a restricted driving permit granting the privilege
12of driving a motor vehicle between the driver's residence and
13place of employment or within other proper limits that the
14Secretary of State shall find necessary to avoid any undue
15hardship. A restricted driving permit issued hereunder shall be
16subject to cancellation, revocation and suspension by the
17Secretary of State in like manner and for like cause as a
18driver's license may be cancelled, revoked or suspended; except
19that a conviction upon one or more offenses against laws or
20ordinances regulating the movement of traffic shall be deemed
21sufficient cause for the revocation, suspension or
22cancellation of the restricted driving permit. The Secretary of
23State may, as a condition to the issuance of a restricted
24driving permit, require the applicant to participate in a
25designated driver remedial or rehabilitative program. Any
26conviction for a violation of this subsection shall be included

 

 

SB1885 Enrolled- 20 -LRB099 09039 RJF 29226 b

1as an offense for the purposes of determining suspension action
2under any other provision of this Code, provided however, that
3the penalties provided under this subsection shall be imposed
4unless those penalties imposed under other applicable
5provisions are greater.
6    The owner of any vehicle alleged to have violated paragraph
7(a) of this Section shall, upon appropriate demand by the
8State's Attorney or other designated person acting in response
9to a signed complaint, provide a written statement or
10deposition identifying the operator of the vehicle if such
11operator was not the owner at the time of the alleged
12violation. Failure to supply such information shall result in
13the suspension of the vehicle registration of the vehicle for a
14period of 3 months. In the event the owner has assigned control
15for the use of the vehicle to another, the person to whom
16control was assigned shall comply with the provisions of this
17paragraph and be subject to the same penalties as herein
18provided.
19(Source: P.A. 95-105, eff. 1-1-08; 95-331, eff. 8-21-07.)