Full Text of HB3131 95th General Assembly
HB3131ham002 95TH GENERAL ASSEMBLY
|
Rep. Tom Cross
Filed: 4/17/2007
|
|
09500HB3131ham002 |
|
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 2 - |
LRB095 06798 DRH 35080 a |
|
| 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
|
|
|
|
09500HB3131ham002 |
- 3 - |
LRB095 06798 DRH 35080 a |
|
| 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. |
|
|
|
09500HB3131ham002 |
- 4 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 5 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 6 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 7 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 8 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 9 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 10 - |
LRB095 06798 DRH 35080 a |
|
| 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;
|
|
|
|
09500HB3131ham002 |
- 11 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 12 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 13 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 14 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 15 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 16 - |
LRB095 06798 DRH 35080 a |
|
| 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 |
|
|
|
09500HB3131ham002 |
- 17 - |
LRB095 06798 DRH 35080 a |
|
| 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.
|
|
|
|
09500HB3131ham002 |
- 18 - |
LRB095 06798 DRH 35080 a |
|
| 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.".
|
|