Illinois General Assembly - Full Text of HB3131
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Full Text of HB3131  95th General Assembly

HB3131ham002 95TH GENERAL ASSEMBLY

Rep. Tom Cross

Filed: 4/17/2007

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3131

2     AMENDMENT NO. ______. Amend House Bill 3131 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Liquor Control Act of 1934 is amended by
5 changing Sections 4-4 and 6-20 as follows:
 
6     (235 ILCS 5/4-4)  (from Ch. 43, par. 112)
7     Sec. 4-4. Each local liquor control commissioner shall also
8 have the following powers, functions and duties with respect to
9 licenses, other than licenses to manufacturers, importing
10 distributors, distributors, foreign importers, non-resident
11 dealers, non-beverage users, brokers, railroads, airplanes and
12 boats.
13         1. To grant and or suspend for not more than thirty
14     days or revoke for cause all local licenses issued to
15     persons for premises within his jurisdiction;
16         2. To enter or to authorize any law enforcing officer

 

 

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1     to enter at any time upon any premises licensed hereunder
2     to determine whether any of the provisions of this Act or
3     any rules or regulations adopted by him or by the State
4     Commission have been or are being violated, and at such
5     time to examine said premises of said licensee in
6     connection therewith;
7         3. To notify the Secretary of State where a club
8     incorporated under the General Not for Profit Corporation
9     Act of 1986 or a foreign corporation functioning as a club
10     in this State under a certificate of authority issued under
11     that Act has violated this Act by selling or offering for
12     sale at retail alcoholic liquors without a retailer's
13     license;
14         4. To receive complaint from any citizen within his
15     jurisdiction that any of the provisions of this Act, or any
16     rules or regulations adopted pursuant hereto, have been or
17     are being violated and to act upon such complaints in the
18     manner hereinafter provided;
19         5. To receive local license fees and pay the same
20     forthwith to the city, village, town or county treasurer as
21     the case may be.
22     Each local liquor commissioner also has the duty to notify
23 the Secretary of State of any convictions or dispositions of
24 court supervision for a violation of Section 6-20 of this Act
25 or a similar provision of a local ordinance.
26     In counties and municipalities, the local liquor control

 

 

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1 commissioners shall also have the power to levy fines in
2 accordance with Section 7-5 of this Act.
3 (Source: P.A. 91-357, eff. 7-29-99; 92-804, eff. 1-1-03.)
 
4     (235 ILCS 5/6-20)  (from Ch. 43, par. 134a)
5     Sec. 6-20. Transfer, possession, and consumption of
6 alcoholic liquor; restrictions.
7     (a) Any person to whom the sale, gift or delivery of any
8 alcoholic liquor is prohibited because of age shall not
9 purchase, or accept a gift of such alcoholic liquor or have
10 such alcoholic liquor in his possession.
11     (b) If a licensee or his or her agents or employees
12 believes or has reason to believe that a sale or delivery of
13 any alcoholic liquor is prohibited because of the non-age of
14 the prospective recipient, he or she shall, before making such
15 sale or delivery demand presentation of some form of positive
16 identification, containing proof of age, issued by a public
17 officer in the performance of his or her official duties.
18     (c) No person shall transfer, alter, or deface such an
19 identification card; use the identification card of another;
20 carry or use a false or forged identification card; or obtain
21 an identification card by means of false information.
22     (d) No person shall purchase, accept delivery or have
23 possession of alcoholic liquor in violation of this Section.
24     (e) The consumption of alcoholic liquor by any person under
25 21 years of age is forbidden.

 

 

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1     (f) Whoever violates any provisions of this Section shall
2 be guilty of a Class A misdemeanor.
3     (g) The possession and dispensing, or consumption by a
4 person under 21 years of age of alcoholic liquor in the
5 performance of a religious service or ceremony, or the
6 consumption by a person under 21 years of age under the direct
7 supervision and approval of the parents or parent or those
8 persons standing in loco parentis of such person under 21 years
9 of age in the privacy of a home, is not prohibited by this Act.
10 (Source: P.A. 90-432, eff. 1-1-98.)
 
11     Section 10. The Illinois Vehicle Code is amended by
12 changing Section 6-206 as follows:
 
13     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
14     Sec. 6-206. Discretionary authority to suspend or revoke
15 license or permit; Right to a hearing.
16     (a) The Secretary of State is authorized to suspend or
17 revoke the driving privileges of any person without preliminary
18 hearing upon a showing of the person's records or other
19 sufficient evidence that the person:
20         1. Has committed an offense for which mandatory
21     revocation of a driver's license or permit is required upon
22     conviction;
23         2. Has been convicted of not less than 3 offenses
24     against traffic regulations governing the movement of

 

 

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

 

 

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1     contained in Section 6-203.1, which if committed within
2     this State would be grounds for suspension or revocation;
3         7. Has refused or failed to submit to an examination
4     provided for by Section 6-207 or has failed to pass the
5     examination;
6         8. Is ineligible for a driver's license or permit under
7     the provisions of Section 6-103;
8         9. Has made a false statement or knowingly concealed a
9     material fact or has used false information or
10     identification in any application for a license,
11     identification card, or permit;
12         10. Has possessed, displayed, or attempted to
13     fraudulently use any license, identification card, or
14     permit not issued to the person;
15         11. Has operated a motor vehicle upon a highway of this
16     State when the person's driving privilege or privilege to
17     obtain a driver's license or permit was revoked or
18     suspended unless the operation was authorized by a judicial
19     driving permit, probationary license to drive, or a
20     restricted driving permit issued under this Code;
21         12. Has submitted to any portion of the application
22     process for another person or has obtained the services of
23     another person to submit to any portion of the application
24     process for the purpose of obtaining a license,
25     identification card, or permit for some other person;
26         13. Has operated a motor vehicle upon a highway of this

 

 

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

 

 

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

 

 

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1     operating or in actual physical control, as a driver, of a
2     motor vehicle, of any controlled substance prohibited
3     under the Illinois Controlled Substances Act, any cannabis
4     prohibited under the Cannabis Control Act, or any
5     methamphetamine prohibited under the Methamphetamine
6     Control and Community Protection Act, in which case the
7     person's driving privileges shall be suspended for one
8     year, and any driver who is convicted of a second or
9     subsequent offense, within 5 years of a previous
10     conviction, for the illegal possession, while operating or
11     in actual physical control, as a driver, of a motor
12     vehicle, of any controlled substance prohibited under the
13     Illinois Controlled Substances Act, any cannabis
14     prohibited under the Cannabis Control Act, or any
15     methamphetamine prohibited under the Methamphetamine
16     Control and Community Protection Act shall be suspended for
17     5 years. Any defendant found guilty of this offense while
18     operating a motor vehicle, shall have an entry made in the
19     court record by the presiding judge that this offense did
20     occur while the defendant was operating a motor vehicle and
21     order the clerk of the court to report the violation to the
22     Secretary of State;
23         29. Has been convicted of the following offenses that
24     were committed while the person was operating or in actual
25     physical control, as a driver, of a motor vehicle: criminal
26     sexual assault, predatory criminal sexual assault of a

 

 

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1     child, aggravated criminal sexual assault, criminal sexual
2     abuse, aggravated criminal sexual abuse, juvenile pimping,
3     soliciting for a juvenile prostitute and the manufacture,
4     sale or delivery of controlled substances or instruments
5     used for illegal drug use or abuse in which case the
6     driver's driving privileges shall be suspended for one
7     year;
8         30. Has been convicted a second or subsequent time for
9     any combination of the offenses named in paragraph 29 of
10     this subsection, in which case the person's driving
11     privileges shall be suspended for 5 years;
12         31. Has refused to submit to a test as required by
13     Section 11-501.6 or has submitted to a test resulting in an
14     alcohol concentration of 0.08 or more or any amount of a
15     drug, substance, or compound resulting from the unlawful
16     use or consumption of cannabis as listed in the Cannabis
17     Control Act, a controlled substance as listed in the
18     Illinois Controlled Substances Act, or an intoxicating
19     compound as listed in the Use of Intoxicating Compounds
20     Act, in which case the penalty shall be as prescribed in
21     Section 6-208.1;
22         32. Has been convicted of Section 24-1.2 of the
23     Criminal Code of 1961 relating to the aggravated discharge
24     of a firearm if the offender was located in a motor vehicle
25     at the time the firearm was discharged, in which case the
26     suspension shall be for 3 years;

 

 

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1         33. Has as a driver, who was less than 21 years of age
2     on the date of the offense, been convicted a first time of
3     a violation of paragraph (a) of Section 11-502 of this Code
4     or a similar provision of a local ordinance;
5         34. Has committed a violation of Section 11-1301.5 of
6     this Code;
7         35. Has committed a violation of Section 11-1301.6 of
8     this Code;
9         36. Is under the age of 21 years at the time of arrest
10     and has been convicted of not less than 2 offenses against
11     traffic regulations governing the movement of vehicles
12     committed within any 24 month period. No revocation or
13     suspension shall be entered more than 6 months after the
14     date of last conviction;
15         37. Has committed a violation of subsection (c) of
16     Section 11-907 of this Code;
17         38. Has been convicted of a violation of Section 6-20
18     of the Liquor Control Act of 1934 or a similar provision of
19     a local ordinance;
20         39. Has committed a second or subsequent violation of
21     Section 11-1201 of this Code;
22         40. Has committed a violation of subsection (a-1) of
23     Section 11-908 of this Code;
24         41. Has committed a second or subsequent violation of
25     Section 11-605.1 of this Code within 2 years of the date of
26     the previous violation, in which case the suspension shall

 

 

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1     be for 90 days; or
2         42. Has committed a violation of subsection (a-1) of
3     Section 11-1301.3 of this Code; or .
4         43. Has received a disposition of court supervision for
5     a violation of subsection (a), (d), or (e) of Section 6-20
6     of the Liquor Control Act of 1934 or a similar provision of
7     a local ordinance, in which case the suspension shall be
8     for a period of 3 months.
9     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
10 and 27 of this subsection, license means any driver's license,
11 any traffic ticket issued when the person's driver's license is
12 deposited in lieu of bail, a suspension notice issued by the
13 Secretary of State, a duplicate or corrected driver's license,
14 a probationary driver's license or a temporary driver's
15 license.
16     (b) If any conviction forming the basis of a suspension or
17 revocation authorized under this Section is appealed, the
18 Secretary of State may rescind or withhold the entry of the
19 order of suspension or revocation, as the case may be, provided
20 that a certified copy of a stay order of a court is filed with
21 the Secretary of State. If the conviction is affirmed on
22 appeal, the date of the conviction shall relate back to the
23 time the original judgment of conviction was entered and the 6
24 month limitation prescribed shall not apply.
25      (c) 1. Upon suspending or revoking the driver's license or
26     permit of any person as authorized in this Section, the

 

 

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1     Secretary of State shall immediately notify the person in
2     writing of the revocation or suspension. The notice to be
3     deposited in the United States mail, postage prepaid, to
4     the last known address of the person.
5         2. If the Secretary of State suspends the driver's
6     license of a person under subsection 2 of paragraph (a) of
7     this Section, a person's privilege to operate a vehicle as
8     an occupation shall not be suspended, provided an affidavit
9     is properly completed, the appropriate fee received, and a
10     permit issued prior to the effective date of the
11     suspension, unless 5 offenses were committed, at least 2 of
12     which occurred while operating a commercial vehicle in
13     connection with the driver's regular occupation. All other
14     driving privileges shall be suspended by the Secretary of
15     State. Any driver prior to operating a vehicle for
16     occupational purposes only must submit the affidavit on
17     forms to be provided by the Secretary of State setting
18     forth the facts of the person's occupation. The affidavit
19     shall also state the number of offenses committed while
20     operating a vehicle in connection with the driver's regular
21     occupation. The affidavit shall be accompanied by the
22     driver's license. Upon receipt of a properly completed
23     affidavit, the Secretary of State shall issue the driver a
24     permit to operate a vehicle in connection with the driver's
25     regular occupation only. Unless the permit is issued by the
26     Secretary of State prior to the date of suspension, the

 

 

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1     privilege to drive any motor vehicle shall be suspended as
2     set forth in the notice that was mailed under this Section.
3     If an affidavit is received subsequent to the effective
4     date of this suspension, a permit may be issued for the
5     remainder of the suspension period.
6         The provisions of this subparagraph shall not apply to
7     any driver required to possess a CDL for the purpose of
8     operating a commercial motor vehicle.
9         Any person who falsely states any fact in the affidavit
10     required herein shall be guilty of perjury under Section
11     6-302 and upon conviction thereof shall have all driving
12     privileges revoked without further rights.
13         3. At the conclusion of a hearing under Section 2-118
14     of this Code, the Secretary of State shall either rescind
15     or continue an order of revocation or shall substitute an
16     order of suspension; or, good cause appearing therefor,
17     rescind, continue, change, or extend the order of
18     suspension. If the Secretary of State does not rescind the
19     order, the Secretary may upon application, to relieve undue
20     hardship, issue a restricted driving permit granting the
21     privilege of driving a motor vehicle between the
22     petitioner's residence and petitioner's place of
23     employment or within the scope of his employment related
24     duties, or to allow transportation for the petitioner, or a
25     household member of the petitioner's family, to receive
26     necessary medical care and if the professional evaluation

 

 

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1     indicates, provide transportation for alcohol remedial or
2     rehabilitative activity, or for the petitioner to attend
3     classes, as a student, in an accredited educational
4     institution; if the petitioner is able to demonstrate that
5     no alternative means of transportation is reasonably
6     available and the petitioner will not endanger the public
7     safety or welfare.
8         If a person's license or permit has been revoked or
9     suspended due to 2 or more convictions of violating Section
10     11-501 of this Code or a similar provision of a local
11     ordinance or a similar out-of-state offense, arising out of
12     separate occurrences, that person, if issued a restricted
13     driving permit, may not operate a vehicle unless it has
14     been equipped with an ignition interlock device as defined
15     in Section 1-129.1.
16         If a person's license or permit has been revoked or
17     suspended 2 or more times within a 10 year period due to a
18     single conviction of violating Section 11-501 of this Code
19     or a similar provision of a local ordinance or a similar
20     out-of-state offense, and a statutory summary suspension
21     under Section 11-501.1, or 2 or more statutory summary
22     suspensions, or combination of 2 offenses, or of an offense
23     and a statutory summary suspension, arising out of separate
24     occurrences, that person, if issued a restricted driving
25     permit, may not operate a vehicle unless it has been
26     equipped with an ignition interlock device as defined in

 

 

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1     Section 1-129.1. The person must pay to the Secretary of
2     State DUI Administration Fund an amount not to exceed $20
3     per month. The Secretary shall establish by rule the amount
4     and the procedures, terms, and conditions relating to these
5     fees. If the restricted driving permit was issued for
6     employment purposes, then this provision does not apply to
7     the operation of an occupational vehicle owned or leased by
8     that person's employer. In each case the Secretary may
9     issue a restricted driving permit for a period deemed
10     appropriate, except that all permits shall expire within
11     one year from the date of issuance. The Secretary may not,
12     however, issue a restricted driving permit to any person
13     whose current revocation is the result of a second or
14     subsequent conviction for a violation of Section 11-501 of
15     this Code or a similar provision of a local ordinance
16     relating to the offense of operating or being in physical
17     control of a motor vehicle while under the influence of
18     alcohol, other drug or drugs, intoxicating compound or
19     compounds, or any similar out-of-state offense, or any
20     combination of those offenses, until the expiration of at
21     least one year from the date of the revocation. A
22     restricted driving permit issued under this Section shall
23     be subject to cancellation, revocation, and suspension by
24     the Secretary of State in like manner and for like cause as
25     a driver's license issued under this Code may be cancelled,
26     revoked, or suspended; except that a conviction upon one or

 

 

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1     more offenses against laws or ordinances regulating the
2     movement of traffic shall be deemed sufficient cause for
3     the revocation, suspension, or cancellation of a
4     restricted driving permit. The Secretary of State may, as a
5     condition to the issuance of a restricted driving permit,
6     require the applicant to participate in a designated driver
7     remedial or rehabilitative program. The Secretary of State
8     is authorized to cancel a restricted driving permit if the
9     permit holder does not successfully complete the program.
10     (c-3) In the case of a suspension under paragraph 43 of
11 subsection (a), reports received by the Secretary of State
12 under this Section shall, except during the actual time the
13 suspension is in effect, be privileged information and for use
14 only by the courts, police officers, prosecuting authorities,
15 driver licensing administrator of any other state, or the
16 Secretary of State. However, beginning January 1, 2008, if the
17 person is a CDL holder, the suspension shall also be made
18 available to the driver licensing administrator of any other
19 state, the U.S. Department of Transportation, and the affected
20 driver or motor carrier or prospective motor carrier upon
21 request.
22     (c-4) In the case of a suspension under paragraph 43 of
23 subsection (a), the Secretary of State shall notify the person
24 by mail that his or her driving privileges and driver's license
25 will be suspended one month after the date of the mailing of
26 the notice.

 

 

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1     (c-5) The Secretary of State may, as a condition of the
2 reissuance of a driver's license or permit to an applicant
3 whose driver's license or permit has been suspended before he
4 or she reached the age of 18 years pursuant to any of the
5 provisions of this Section, require the applicant to
6 participate in a driver remedial education course and be
7 retested under Section 6-109 of this Code.
8     (d) This Section is subject to the provisions of the
9 Drivers License Compact.
10     (e) The Secretary of State shall not issue a restricted
11 driving permit to a person under the age of 16 years whose
12 driving privileges have been suspended or revoked under any
13 provisions of this Code.
14     (f) In accordance with 49 C.F.R. 384, the Secretary of
15 State may not issue a restricted driving permit for the
16 operation of a commercial motor vehicle to a person holding a
17 CDL whose driving privileges have been suspended or revoked
18 under any provisions of this Code.
19 (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04;
20 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff.
21 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
 
22     Section 99. Effective date. This Act takes effect January
23 1, 2008.".