Full Text of HB4337 93rd General Assembly
HB4337ham002 93RD GENERAL ASSEMBLY
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Rep. Steve Davis
Filed: 03/29/04
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09300HB4337ham002 |
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LRB093 16576 DRH 49081 a |
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| AMENDMENT TO HOUSE BILL 4337
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| AMENDMENT NO. ______. Amend House Bill 4337, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Vehicle Code is amended by | 6 |
| changing Section 6-206 and adding Section 16-110 as follows:
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| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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| Sec. 6-206. Discretionary authority to suspend or revoke | 9 |
| license or
permit; Right to a hearing.
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| (a) The Secretary of State is authorized to suspend or | 11 |
| revoke the
driving privileges of any person without preliminary | 12 |
| hearing upon a showing
of the person's records or other | 13 |
| sufficient evidence that
the person:
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| 1. Has committed an offense for which mandatory | 15 |
| revocation of
a driver's license or permit is required upon | 16 |
| conviction;
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| 2. Has been convicted of not less than 3 offenses | 18 |
| against traffic
regulations governing the movement of | 19 |
| vehicles committed within any 12
month period. No | 20 |
| revocation or suspension shall be entered more than
6 | 21 |
| months after the date of last conviction;
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| 3. Has been repeatedly involved as a driver in motor | 23 |
| vehicle
collisions or has been repeatedly convicted of | 24 |
| offenses against laws and
ordinances regulating the |
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| movement of traffic, to a degree that
indicates lack of | 2 |
| ability to exercise ordinary and reasonable care in
the | 3 |
| safe operation of a motor vehicle or disrespect for the | 4 |
| traffic laws
and the safety of other persons upon the | 5 |
| highway;
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| 4. Has by the unlawful operation of a motor vehicle | 7 |
| caused or
contributed to an accident resulting in death or | 8 |
| injury requiring
immediate professional treatment in a | 9 |
| medical facility or doctor's office
to any person, except | 10 |
| that any suspension or revocation imposed by the
Secretary | 11 |
| of State under the provisions of this subsection shall | 12 |
| start no
later than 6 months after being convicted of | 13 |
| violating a law or
ordinance regulating the movement of | 14 |
| traffic, which violation is related
to the accident, or | 15 |
| shall start not more than one year
after
the date of the | 16 |
| accident, whichever date occurs later;
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| 5. Has permitted an unlawful or fraudulent use of a | 18 |
| driver's
license, identification card, or permit;
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| 6. Has been lawfully convicted of an offense or | 20 |
| offenses in another
state, including the authorization | 21 |
| contained in Section 6-203.1, which
if committed within | 22 |
| this State would be grounds for suspension or revocation;
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| 7. Has refused or failed to submit to an examination | 24 |
| provided for by
Section 6-207 or has failed to pass the | 25 |
| examination;
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| 8. Is ineligible for a driver's license or permit under | 27 |
| the provisions
of Section 6-103;
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| 9. Has made a false statement or knowingly concealed a | 29 |
| material fact
or has used false information or | 30 |
| identification in any application for a
license, | 31 |
| identification card, or permit;
| 32 |
| 10. Has possessed, displayed, or attempted to | 33 |
| fraudulently use any
license, identification card, or | 34 |
| permit not issued to the person;
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| 11. Has operated a motor vehicle upon a highway of this | 2 |
| State when
the person's driving privilege or privilege to | 3 |
| obtain a driver's license
or permit was revoked or | 4 |
| suspended unless the operation was authorized by
a judicial | 5 |
| driving permit, probationary license to drive, or a | 6 |
| restricted
driving permit issued under this Code;
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| 12. Has submitted to any portion of the application | 8 |
| process for
another person or has obtained the services of | 9 |
| another person to submit to
any portion of the application | 10 |
| process for the purpose of obtaining a
license, | 11 |
| identification card, or permit for some other person;
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| 13. Has operated a motor vehicle upon a highway of this | 13 |
| State when
the person's driver's license or permit was | 14 |
| invalid under the provisions of
Sections 6-107.1 and
6-110;
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| 14. Has committed a violation of Section 6-301, | 16 |
| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 17 |
| of the Illinois Identification Card
Act;
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| 15. Has been convicted of violating Section 21-2 of the | 19 |
| Criminal Code
of 1961 relating to criminal trespass to | 20 |
| vehicles in which case, the suspension
shall be for one | 21 |
| year;
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| 16. Has been convicted of violating Section 11-204 of | 23 |
| this Code relating
to fleeing from a peace officer;
| 24 |
| 17. Has refused to submit to a test, or tests, as | 25 |
| required under Section
11-501.1 of this Code and the person | 26 |
| has not sought a hearing as
provided for in Section | 27 |
| 11-501.1;
| 28 |
| 18. Has, since issuance of a driver's license or | 29 |
| permit, been adjudged
to be afflicted with or suffering | 30 |
| from any mental disability or disease;
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| 19. Has committed a violation of paragraph (a) or (b) | 32 |
| of Section 6-101
relating to driving without a driver's | 33 |
| license;
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| 20. Has been convicted of violating Section 6-104 |
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| relating to
classification of driver's license;
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| 21. Has been convicted of violating Section 11-402 of
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| this Code relating to leaving the scene of an accident | 4 |
| resulting in damage
to a vehicle in excess of $1,000, in | 5 |
| which case the suspension shall be
for one year;
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| 22. Has used a motor vehicle in violating paragraph | 7 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 8 |
| the Criminal Code of 1961 relating
to unlawful use of | 9 |
| weapons, in which case the suspension shall be for one
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| year;
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| 23. Has, as a driver, been convicted of committing a | 12 |
| violation of
paragraph (a) of Section 11-502 of this Code | 13 |
| for a second or subsequent
time within one year of a | 14 |
| similar violation;
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| 24. Has been convicted by a court-martial or punished | 16 |
| by non-judicial
punishment by military authorities of the | 17 |
| United States at a military
installation in Illinois of or | 18 |
| for a traffic related offense that is the
same as or | 19 |
| similar to an offense specified under Section 6-205 or | 20 |
| 6-206 of
this Code;
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| 25. Has permitted any form of identification to be used | 22 |
| by another in
the application process in order to obtain or | 23 |
| attempt to obtain a license,
identification card, or | 24 |
| permit;
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| 26. Has altered or attempted to alter a license or has | 26 |
| possessed an
altered license, identification card, or | 27 |
| permit;
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| 27. Has violated Section 6-16 of the Liquor Control Act | 29 |
| of 1934;
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| 28. Has been convicted of the illegal possession, while | 31 |
| operating or
in actual physical control, as a driver, of a | 32 |
| motor vehicle, of any
controlled substance prohibited | 33 |
| under the Illinois Controlled Substances
Act or any | 34 |
| cannabis prohibited under the provisions of the Cannabis |
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| Control
Act, in which case the person's driving privileges | 2 |
| shall be suspended for
one year, and any driver who is | 3 |
| convicted of a second or subsequent
offense, within 5 years | 4 |
| of a previous conviction, for the illegal
possession, while | 5 |
| operating or in actual physical control, as a driver, of
a | 6 |
| motor vehicle, of any controlled substance prohibited | 7 |
| under the
provisions of the Illinois Controlled Substances | 8 |
| Act or any cannabis
prohibited under the Cannabis Control | 9 |
| Act shall be suspended for 5 years.
Any defendant found | 10 |
| guilty of this offense while operating a motor vehicle,
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| shall have an entry made in the court record by the | 12 |
| presiding judge that
this offense did occur while the | 13 |
| defendant was operating a motor vehicle
and order the clerk | 14 |
| of the court to report the violation to the Secretary
of | 15 |
| State;
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| 29. Has been convicted of the following offenses that | 17 |
| were committed
while the person was operating or in actual | 18 |
| physical control, as a driver,
of a motor vehicle: criminal | 19 |
| sexual assault,
predatory criminal sexual assault of a | 20 |
| child,
aggravated criminal sexual
assault, criminal sexual | 21 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 22 |
| soliciting for a juvenile prostitute and the manufacture, | 23 |
| sale or
delivery of controlled substances or instruments | 24 |
| used for illegal drug use
or abuse in which case the | 25 |
| driver's driving privileges shall be suspended
for one | 26 |
| year;
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| 30. Has been convicted a second or subsequent time for | 28 |
| any
combination of the offenses named in paragraph 29 of | 29 |
| this subsection,
in which case the person's driving | 30 |
| privileges shall be suspended for 5
years;
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| 31. Has refused to submit to a test as
required by | 32 |
| Section 11-501.6 or has submitted to a test resulting in
an | 33 |
| alcohol concentration of 0.08 or more or any amount of a | 34 |
| drug, substance, or
compound resulting from the unlawful |
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| use or consumption of cannabis as listed
in the Cannabis | 2 |
| Control Act, a controlled substance as listed in the | 3 |
| Illinois
Controlled Substances Act, or an intoxicating | 4 |
| compound as listed in the Use of
Intoxicating Compounds | 5 |
| Act, in which case the penalty shall be
as prescribed in | 6 |
| Section 6-208.1;
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| 32. Has been convicted of Section 24-1.2 of the | 8 |
| Criminal Code of
1961 relating to the aggravated discharge | 9 |
| of a firearm if the offender was
located in a motor vehicle | 10 |
| at the time the firearm was discharged, in which
case the | 11 |
| suspension shall be for 3 years;
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| 33. Has as a driver, who was less than 21 years of age | 13 |
| on the date of
the offense, been convicted a first time of | 14 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 15 |
| or a similar provision of a local ordinance;
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| 34. Has committed a violation of Section 11-1301.5 of | 17 |
| this Code;
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| 35. Has committed a violation of Section 11-1301.6 of | 19 |
| this Code;
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| 36. Is under the age of 21 years at the time of arrest | 21 |
| and has been
convicted of not less than 2 offenses against | 22 |
| traffic regulations governing
the movement of vehicles | 23 |
| committed within any 24 month period. No revocation
or | 24 |
| suspension shall be entered more than 6 months after the | 25 |
| date of last
conviction;
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| 37. Has committed a violation of subsection (c) of | 27 |
| Section 11-907 of this
Code;
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| 38. Has been convicted of a violation of Section 6-20 | 29 |
| of the Liquor
Control Act of 1934 or a similar provision of | 30 |
| a local ordinance; or
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| 39. Has committed a second or subsequent violation of | 32 |
| Section
11-1201 of this Code ; or .
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| 40. Has failed to attend or satisfactorily complete a | 34 |
| defensive driving school program as required under Section |
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| 16-110 of this Code.
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| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 3 |
| and 27 of this
subsection, license means any driver's license, | 4 |
| any traffic ticket issued when
the person's driver's license is | 5 |
| deposited in lieu of bail, a suspension
notice issued by the | 6 |
| Secretary of State, a duplicate or corrected driver's
license, | 7 |
| a probationary driver's license or a temporary driver's | 8 |
| license.
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| (b) If any conviction forming the basis of a suspension or
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| revocation authorized under this Section is appealed, the
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| Secretary of State may rescind or withhold the entry of the | 12 |
| order of suspension
or revocation, as the case may be, provided | 13 |
| that a certified copy of a stay
order of a court is filed with | 14 |
| the Secretary of State. If the conviction is
affirmed on | 15 |
| appeal, the date of the conviction shall relate back to the | 16 |
| time
the original judgment of conviction was entered and the 6 | 17 |
| month limitation
prescribed shall not apply.
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| (c) 1. Upon suspending or revoking the driver's license or | 19 |
| permit of
any person as authorized in this Section, the | 20 |
| Secretary of State shall
immediately notify the person in | 21 |
| writing of the revocation or suspension.
The notice to be | 22 |
| deposited in the United States mail, postage prepaid,
to | 23 |
| the last known address of the person.
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| 2. If the Secretary of State suspends the driver's | 25 |
| license
of a person under subsection 2 of paragraph (a) of | 26 |
| this Section, a
person's privilege to operate a vehicle as | 27 |
| an occupation shall not be
suspended, provided an affidavit | 28 |
| is properly completed, the appropriate fee
received, and a | 29 |
| permit issued prior to the effective date of the
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| suspension, unless 5 offenses were committed, at least 2 of | 31 |
| which occurred
while operating a commercial vehicle in | 32 |
| connection with the driver's
regular occupation. All other | 33 |
| driving privileges shall be suspended by the
Secretary of | 34 |
| State. Any driver prior to operating a vehicle for
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| occupational purposes only must submit the affidavit on | 2 |
| forms to be
provided by the Secretary of State setting | 3 |
| forth the facts of the person's
occupation. The affidavit | 4 |
| shall also state the number of offenses
committed while | 5 |
| operating a vehicle in connection with the driver's regular
| 6 |
| occupation. The affidavit shall be accompanied by the | 7 |
| driver's license.
Upon receipt of a properly completed | 8 |
| affidavit, the Secretary of State
shall issue the driver a | 9 |
| permit to operate a vehicle in connection with the
driver's | 10 |
| regular occupation only. Unless the permit is issued by the
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| Secretary of State prior to the date of suspension, the | 12 |
| privilege to drive
any motor vehicle shall be suspended as | 13 |
| set forth in the notice that was
mailed under this Section. | 14 |
| If an affidavit is received subsequent to the
effective | 15 |
| date of this suspension, a permit may be issued for the | 16 |
| remainder
of the suspension period.
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| The provisions of this subparagraph shall not apply to | 18 |
| any driver
required to obtain a commercial driver's license | 19 |
| under Section 6-507 during
the period of a disqualification | 20 |
| of commercial driving privileges under
Section 6-514.
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| Any person who falsely states any fact in the affidavit | 22 |
| required
herein shall be guilty of perjury under Section | 23 |
| 6-302 and upon conviction
thereof shall have all driving | 24 |
| privileges revoked without further rights.
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| 3. At the conclusion of a hearing under Section 2-118 | 26 |
| of this Code,
the Secretary of State shall either rescind | 27 |
| or continue an order of
revocation or shall substitute an | 28 |
| order of suspension; or, good
cause appearing therefor, | 29 |
| rescind, continue, change, or extend the
order of | 30 |
| suspension. If the Secretary of State does not rescind the | 31 |
| order,
the Secretary may upon application,
to relieve undue | 32 |
| hardship, issue
a restricted driving permit granting the | 33 |
| privilege of driving a motor
vehicle between the | 34 |
| petitioner's residence and petitioner's place of
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| employment or within the scope of his employment related | 2 |
| duties, or to
allow transportation for the petitioner, or a | 3 |
| household member of the
petitioner's family, to receive | 4 |
| necessary medical care and if the
professional evaluation | 5 |
| indicates, provide transportation for alcohol
remedial or | 6 |
| rehabilitative activity, or for the petitioner to attend
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| classes, as a student, in an accredited educational | 8 |
| institution; if the
petitioner is able to demonstrate that | 9 |
| no alternative means of
transportation is reasonably | 10 |
| available and the petitioner will not endanger
the public | 11 |
| safety or welfare.
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| If a person's license or permit has been revoked or | 13 |
| suspended due to 2
or more convictions of violating Section | 14 |
| 11-501 of this Code or a similar
provision of a local | 15 |
| ordinance or a similar out-of-state offense, arising out
of | 16 |
| separate occurrences, that person, if issued a restricted | 17 |
| driving permit,
may not operate a vehicle unless it has | 18 |
| been equipped with an ignition
interlock device as defined | 19 |
| in Section 1-129.1.
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| If a person's license or permit has been revoked or | 21 |
| suspended 2 or more
times within a 10 year period due to a | 22 |
| single conviction of violating Section
11-501 of this Code | 23 |
| or a similar provision of a local ordinance or a similar
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| out-of-state offense, and a statutory summary suspension | 25 |
| under Section
11-501.1, or 2 or more statutory summary | 26 |
| suspensions, or combination of 2
offenses, or of an offense | 27 |
| and a statutory summary suspension, arising out of
separate | 28 |
| occurrences, that person, if issued a restricted driving | 29 |
| permit, may
not operate a vehicle unless it has been
| 30 |
| equipped with an ignition interlock device as defined in | 31 |
| Section 1-129.1.
The person must pay to the Secretary of | 32 |
| State DUI Administration Fund an amount
not to exceed $20 | 33 |
| per month. The Secretary shall establish by rule the amount
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| and the procedures, terms, and conditions relating to these |
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| fees. If the
restricted driving permit was issued for | 2 |
| employment purposes, then this
provision does not apply to | 3 |
| the operation of an occupational vehicle owned or
leased by | 4 |
| that person's employer. In each case the Secretary may | 5 |
| issue a
restricted driving permit for a period deemed | 6 |
| appropriate, except that all
permits shall expire within | 7 |
| one year from the date of issuance. The Secretary
may not, | 8 |
| however, issue a restricted driving permit to any person | 9 |
| whose current
revocation is the result of a second or | 10 |
| subsequent conviction for a violation
of Section 11-501 of | 11 |
| this Code or a similar provision of a local ordinance
| 12 |
| relating to the offense of operating or being in physical | 13 |
| control of a motor
vehicle while under the influence of | 14 |
| alcohol, other drug or drugs, intoxicating
compound or | 15 |
| compounds, or any similar out-of-state offense, or any | 16 |
| combination
of those offenses, until the expiration of at | 17 |
| least one year from the date of
the revocation. A
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| restricted driving permit issued under this Section shall | 19 |
| be subject to
cancellation, revocation, and suspension by | 20 |
| the Secretary of State in like
manner and for like cause as | 21 |
| a driver's license issued under this Code may be
cancelled, | 22 |
| revoked, or suspended; except that a conviction upon one or | 23 |
| more
offenses against laws or ordinances regulating the | 24 |
| movement of traffic
shall be deemed sufficient cause for | 25 |
| the revocation, suspension, or
cancellation of a | 26 |
| restricted driving permit. The Secretary of State may, as
a | 27 |
| condition to the issuance of a restricted driving permit, | 28 |
| require the
applicant to participate in a designated driver | 29 |
| remedial or rehabilitative
program. The Secretary of State | 30 |
| is authorized to cancel a restricted
driving permit if the | 31 |
| permit holder does not successfully complete the program.
| 32 |
| (c-5) The Secretary of State may, as a condition of the | 33 |
| reissuance of a
driver's license or permit to an applicant | 34 |
| whose driver's license or permit has
been suspended before he |
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| or she reached the age of 18 years pursuant to any of
the | 2 |
| provisions of this Section, require the applicant to | 3 |
| participate in a
driver remedial education course and be | 4 |
| retested under Section 6-109 of this
Code.
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| (d) This Section is subject to the provisions of the | 6 |
| Drivers License
Compact.
| 7 |
| (e) The Secretary of State shall not issue a restricted | 8 |
| driving permit to
a person under the age of 16 years whose | 9 |
| driving privileges have been suspended
or revoked under any | 10 |
| provisions of this Code.
| 11 |
| (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; | 12 |
| 92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. | 13 |
| 1-1-03; 92-814, eff. 1-1-03;
93-120, eff. 1-1-04.)
| 14 |
| (625 ILCS 5/16-110 new) | 15 |
| Sec. 16-110. Defensive driving school program; suspension | 16 |
| of license. | 17 |
| (a) The Secretary of State may require any licensed driver | 18 |
| to attend and satisfactorily complete an approved defensive | 19 |
| driving school program, if, during any 12-month period, the | 20 |
| driver: | 21 |
| (1) was convicted of at least 2 traffic violation | 22 |
| misdemeanors; | 23 |
| (2) had at least 2 traffic violation judgments entered | 24 |
| against him or her; | 25 |
| (3) was convicted of at least one traffic violation | 26 |
| misdemeanor and has had at least one traffic judgment | 27 |
| entered against him or her; | 28 |
| (4) was convicted of speeding in a work zone or failure | 29 |
| to follow proper procedures in a work zone; or | 30 |
| (5) was involved in an accident for which a report is | 31 |
| required to be filed under this Code and was found to have | 32 |
| been at fault in that accident. | 33 |
| (b) In addition, the Secretary of State may require any |
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| licensed driver who holds a graduated license to attend and | 2 |
| satisfactorily complete a defensive driving school program if | 3 |
| the driver was the operator of a motor vehicle involved in an | 4 |
| accident that involved personal injury for which a report is | 5 |
| required to be filed under this Code. | 6 |
| (c) Any individual required by the Department to attend and | 7 |
| satisfactorily complete a defensive driving school program | 8 |
| under this Section shall pay all reasonable fees required by | 9 |
| the Secretary of State. | 10 |
| (d) The Secretary of State may suspend the driver's license | 11 |
| of any person who (i) fails to attend a defensive driving | 12 |
| school program or
(ii) fails to satisfactorily complete a | 13 |
| defensive driving school program,
as required by this Section. | 14 |
| (e) As used in this Section, "traffic violation" means a | 15 |
| violation of a statute, an ordinance, or a rule relating to the | 16 |
| operation or use of motor vehicles while the motor vehicle is | 17 |
| in motion. | 18 |
| (f) As used in this Section, an "approved defensive driving | 19 |
| program" means a program that utilizes a well established, | 20 |
| nationally recognized defensive driving curriculum, with a | 21 |
| verifiable record of effectiveness. The curriculum must be one | 22 |
| that has been evaluated and used by other states and must | 23 |
| include at least 4 hours of class time. | 24 |
| (g) This Section does not apply to a county with a | 25 |
| population of more than 1,000,000 that has its own approved | 26 |
| defensive driving program. ".
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