Full Text of SB0577 95th General Assembly
SB0577ham002 95TH GENERAL ASSEMBLY
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Rep. Eddie Washington
Filed: 5/23/2007
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09500SB0577ham002 |
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LRB095 04707 WGH 36837 a |
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| AMENDMENT TO SENATE BILL 577
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| AMENDMENT NO. ______. Amend Senate Bill 577 on page 1, line | 3 |
| 5 by inserting "6-201, 6-205," after "2-118,"; and
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| on page 5, by inserting after line 9 the following:
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| "(625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
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| Sec. 6-201. Authority to cancel licenses and permits.
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| (a) The Secretary of State is authorized to cancel any | 8 |
| license or permit
upon determining that the holder thereof:
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| 1. was not entitled to the issuance thereof hereunder; | 10 |
| or
| 11 |
| 2. failed to give the required or correct information | 12 |
| in his
application; or
| 13 |
| 3. failed to pay any fees, civil penalties owed to the | 14 |
| Illinois Commerce
Commission, or taxes due under this Act | 15 |
| and upon reasonable notice and demand;
or
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| 4. committed any fraud in the making of such |
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| application; or
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| 5. is ineligible therefor under the provisions of | 3 |
| Section 6-103 of this
Act, as amended; or
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| 6. has refused or neglected to submit an alcohol, drug, | 5 |
| and
intoxicating compound evaluation or to
submit to | 6 |
| examination or re-examination as required under this Act; | 7 |
| or
| 8 |
| 7. has been convicted of violating the Cannabis Control | 9 |
| Act,
the
Illinois Controlled Substances Act, the | 10 |
| Methamphetamine Control and Community Protection Act, or | 11 |
| the Use of Intoxicating Compounds
Act while that individual | 12 |
| was in actual physical
control of a motor vehicle. For | 13 |
| purposes of this Section, any person placed on
probation | 14 |
| under Section 10 of the Cannabis Control Act, Section 410 | 15 |
| of the
Illinois Controlled Substances Act, or Section 70 of | 16 |
| the Methamphetamine Control and Community Protection Act | 17 |
| shall not be considered convicted. Any
person found guilty | 18 |
| of this offense, while in actual physical control of a
| 19 |
| motor vehicle, shall have an entry made in the court record | 20 |
| by the
judge that this offense did occur while the person | 21 |
| was in actual
physical control of a motor vehicle and order | 22 |
| the clerk of the court to report
the violation to the | 23 |
| Secretary of State as such. After the cancellation, the
| 24 |
| Secretary of State shall not issue a new license or permit | 25 |
| for a period of one
year after the date of cancellation. | 26 |
| However, upon application, the Secretary
of State may, if |
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| satisfied that the person applying will not endanger the
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| public safety, or welfare, issue a restricted driving | 3 |
| permit granting the
privilege of driving a motor vehicle | 4 |
| between the petitioner's
person's residence and
| 5 |
| petitioner's
person's place of employment or within the | 6 |
| scope of the petitioner's
person's employment
related | 7 |
| duties, or to allow transportation for
the petitioner
| 8 |
| person or a household member of the petitioner's
person's | 9 |
| family for the receipt of
necessary medical care or, if the | 10 |
| professional evaluation indicates,
provide transportation | 11 |
| for the petitioner to and from
for alcohol or drug remedial | 12 |
| or
rehabilitative activity recommended by a licensed | 13 |
| service provider , or for the petitioner
person to attend | 14 |
| classes, as a student,
in an accredited educational | 15 |
| institution . The petitioner must ; if the person is able to
| 16 |
| demonstrate that no alternative means of transportation is | 17 |
| reasonably
available; provided that the Secretary's | 18 |
| discretion shall be limited to
cases where undue hardship , | 19 |
| as defined by the rules of the Secretary of State, would | 20 |
| result from a failure to issue such
restricted driving | 21 |
| permit. In each case the Secretary of State may issue
such | 22 |
| restricted driving permit for such period as he deems | 23 |
| appropriate,
except that such permit shall expire within | 24 |
| one year from the date of
issuance. A restricted driving | 25 |
| permit issued hereunder shall be subject to
cancellation, | 26 |
| revocation and suspension by the Secretary of State in like
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| manner and for like cause as a driver's license issued | 2 |
| hereunder may be
cancelled, revoked or suspended; except | 3 |
| that a conviction upon one or more
offenses against laws or | 4 |
| ordinances regulating the movement of traffic
shall be | 5 |
| deemed sufficient cause for the revocation, suspension or
| 6 |
| cancellation of a restricted driving permit. The Secretary | 7 |
| of State may,
as a condition to the issuance of a | 8 |
| restricted driving permit, require the
applicant to | 9 |
| participate in a driver remedial or rehabilitative
| 10 |
| program; or
| 11 |
| 8. failed to submit a report as required by Section | 12 |
| 6-116.5 of this
Code; or
| 13 |
| 9. has been convicted of a sex offense as defined in | 14 |
| the Sex Offender Registration Act. The driver's license | 15 |
| shall remain cancelled until the driver registers as a sex | 16 |
| offender as required by the Sex Offender Registration Act, | 17 |
| proof of the registration is furnished to the Secretary of | 18 |
| State and the sex offender provides proof of current | 19 |
| address to the Secretary ; or .
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| 10.
9. is ineligible for a license or permit under | 21 |
| Section 6-107, 6-107.1, or
6-108 of this Code.
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| (b) Upon such cancellation the licensee or permittee must | 23 |
| surrender the
license or permit so cancelled to the Secretary | 24 |
| of State.
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| (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 26 |
| Secretary of State
shall have exclusive authority to grant, |
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| issue, deny, cancel, suspend and
revoke driving privileges, | 2 |
| drivers' licenses and restricted driving permits.
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| (d) The Secretary of State may adopt rules to implement | 4 |
| this Section.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | 6 |
| 94-993, eff. 1-1-07; revised 8-3-06.)
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| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
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| Sec. 6-205. Mandatory revocation of license or permit; | 9 |
| Hardship cases.
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| (a) Except as provided in this Section, the Secretary of | 11 |
| State shall
immediately revoke the license, permit, or driving | 12 |
| privileges of
any driver upon receiving a
report of the | 13 |
| driver's conviction of any of the following offenses:
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| 1. Reckless homicide resulting from the operation of a | 15 |
| motor vehicle;
| 16 |
| 2. Violation of Section 11-501 of this Code or a | 17 |
| similar provision of
a local ordinance relating to the | 18 |
| offense of operating or being in physical
control of a | 19 |
| vehicle while under the influence of alcohol, other drug or
| 20 |
| drugs, intoxicating compound or compounds, or any | 21 |
| combination thereof;
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| 3. Any felony under the laws of any State or the | 23 |
| federal government
in the commission of which a motor | 24 |
| vehicle was used;
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| 4. Violation of Section 11-401 of this Code relating to |
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| the offense of
leaving the scene of a traffic accident | 2 |
| involving death or personal injury;
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| 5. Perjury or the making of a false affidavit or | 4 |
| statement under
oath to the Secretary of State under this | 5 |
| Code or under any
other law relating to the ownership or | 6 |
| operation of motor vehicles;
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| 6. Conviction upon 3 charges of violation of Section | 8 |
| 11-503 of this
Code relating to the offense of reckless | 9 |
| driving committed within a
period of 12 months;
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| 7. Conviction of any offense
defined in
Section 4-102 | 11 |
| of this Code;
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| 8. Violation of Section 11-504 of this Code relating to | 13 |
| the offense
of drag racing;
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| 9. Violation of Chapters 8 and 9 of this Code;
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| 10. Violation of Section 12-5 of the Criminal Code of | 16 |
| 1961 arising from
the use of a motor vehicle;
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| 11. Violation of Section 11-204.1 of this Code relating | 18 |
| to aggravated
fleeing or attempting to elude a peace | 19 |
| officer;
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| 12. Violation of paragraph (1) of subsection (b) of | 21 |
| Section 6-507,
or a similar law of any other state, | 22 |
| relating to the
unlawful operation of a commercial motor | 23 |
| vehicle;
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| 13. Violation of paragraph (a) of Section 11-502 of | 25 |
| this Code or a
similar provision of a local ordinance if | 26 |
| the driver has been previously
convicted of a violation of |
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| that Section or a similar provision of a local
ordinance | 2 |
| and the driver was less than 21 years of age at the time of | 3 |
| the
offense.
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| (b) The Secretary of State shall also immediately revoke | 5 |
| the license
or permit of any driver in the following | 6 |
| situations:
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| 1. Of any minor upon receiving the notice provided for | 8 |
| in Section
5-901 of the Juvenile Court Act of 1987 that the | 9 |
| minor has been
adjudicated under that Act as having | 10 |
| committed an offense relating to
motor vehicles prescribed | 11 |
| in Section 4-103 of this Code;
| 12 |
| 2. Of any person when any other law of this State | 13 |
| requires either the
revocation or suspension of a license | 14 |
| or permit.
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| (c) (1) Whenever a person is convicted of any of the | 16 |
| offenses enumerated in
this Section, the court may | 17 |
| recommend and the Secretary of State in his
discretion, | 18 |
| without regard to whether the recommendation is made by the
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| court may, upon application,
issue to the person a
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| restricted driving permit granting the privilege of | 21 |
| driving a motor
vehicle between the petitioner's residence | 22 |
| and petitioner's place
of employment or within the scope of | 23 |
| the petitioner's employment related
duties, or to allow | 24 |
| transportation for the petitioner or a household member
of | 25 |
| the petitioner's family for the receipt of necessary | 26 |
| medical care or, if
the professional evaluation indicates, |
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| provide transportation for the
petitioner to and from
for | 2 |
| alcohol or drug remedial or rehabilitative activity | 3 |
| recommended by a licensed service provider , or for the
| 4 |
| petitioner to attend classes, as a student, in an | 5 |
| accredited educational
institution; if the petitioner is | 6 |
| able to demonstrate that no alternative means
of | 7 |
| transportation is reasonably available and that the | 8 |
| petitioner will not endanger
the public safety or welfare; | 9 |
| provided that the Secretary's discretion shall be
limited | 10 |
| to cases where undue hardship , as defined by the rules of | 11 |
| the Secretary of State, would result from a failure to | 12 |
| issue the
restricted driving permit. Those multiple | 13 |
| offenders identified in subdivision (b)4 of Section 6-208 | 14 |
| of this Code, however, shall not be eligible for the | 15 |
| issuance of a restricted driving permit.
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| (2) If a person's license or permit is
has been revoked | 17 |
| or suspended due to 2 or
more convictions of violating | 18 |
| Section 11-501 of this Code or a similar
provision of a | 19 |
| local ordinance or a similar out-of-state offense, or | 20 |
| Section 9-3 of the Criminal Code of 1961, where the use of | 21 |
| alcohol or other drugs is recited as an element of the | 22 |
| offense, or a similar out-of-state offense, or a | 23 |
| combination of these offenses, 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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| Section 1-129.1.
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| (3) If a person's license or permit is
has been revoked | 3 |
| or suspended 2 or more
times within a 10 year period due to | 4 |
| any combination of: | 5 |
| (A) a single conviction of violating Section
| 6 |
| 11-501 of this Code or a similar provision of a local | 7 |
| ordinance or a similar
out-of-state offense , or | 8 |
| Section 9-3 of the Criminal Code of 1961, where the use | 9 |
| of alcohol or other drugs is recited as an element of | 10 |
| the offense, or a similar out-of-state offense; or , and
| 11 |
| (B) a statutory summary suspension under Section
| 12 |
| 11-501.1 ;
, or | 13 |
| (C) a suspension pursuant to Section 6-203.1,
2 or | 14 |
| more statutory summary suspensions, or combination of | 15 |
| 2
offenses, or of an offense and a statutory summary | 16 |
| suspension, arising out of
separate occurrences, that | 17 |
| person, if issued a restricted
driving permit, may not | 18 |
| operate a vehicle unless it has been equipped with an
| 19 |
| ignition interlock device as defined in Section | 20 |
| 1-129.1.
| 21 |
| (4) The person must pay to the Secretary of State DUI | 22 |
| Administration Fund an amount
not to exceed $20 per month. | 23 |
| The Secretary shall establish by rule the amount
and the | 24 |
| procedures, terms, and conditions relating to these fees.
| 25 |
| (5) If the restricted driving permit is
was issued for | 26 |
| employment purposes, then
the prohibition against |
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| operating a motor vehicle that is not equipped with an | 2 |
| ignition interlock device
this provision does not apply to | 3 |
| the operation of an occupational vehicle
owned or leased by | 4 |
| that person's employer when used solely for employment | 5 |
| purposes .
| 6 |
| (6) In each case the Secretary of State may issue a
| 7 |
| restricted driving permit for a period he deems | 8 |
| appropriate, except that the
permit shall expire within one | 9 |
| year from the date of issuance. The Secretary
may not, | 10 |
| however, issue a restricted driving permit to any person | 11 |
| whose current
revocation is the result of a second or | 12 |
| subsequent conviction for a violation
of Section 11-501 of | 13 |
| this Code or a similar provision of a local ordinance
| 14 |
| relating to the offense of operating or being in physical | 15 |
| control of a motor
vehicle while under the influence of | 16 |
| alcohol, other drug or drugs, intoxicating
compound or | 17 |
| compounds, or any similar out-of-state offense, or Section | 18 |
| 9-3 of the Criminal Code of 1961, where the use of alcohol | 19 |
| or other drugs is recited as an element of the offense, or | 20 |
| any similar out-of-state offense, or any combination of | 21 |
| these offenses,
or any combination
thereof, until the | 22 |
| expiration of at least one year from the date of the
| 23 |
| revocation. A restricted
driving permit issued under this | 24 |
| Section shall be
subject to cancellation, revocation, and | 25 |
| suspension by the Secretary of
State in like manner and for | 26 |
| like cause as a driver's license issued
under this Code may |
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| be cancelled, revoked, or
suspended; except that a | 2 |
| conviction upon one or more offenses against laws or
| 3 |
| ordinances regulating the movement of traffic shall be | 4 |
| deemed sufficient cause
for the revocation, suspension, or | 5 |
| cancellation of a restricted driving permit.
The Secretary | 6 |
| of State may, as a condition to the issuance of a | 7 |
| restricted
driving permit, require the petitioner
| 8 |
| applicant to participate in a designated driver
remedial or | 9 |
| rehabilitative program. The Secretary of State is | 10 |
| authorized to
cancel a restricted driving permit if the | 11 |
| permit holder does not successfully
complete the program. | 12 |
| However, if an individual's driving privileges have been
| 13 |
| revoked in accordance with paragraph 13 of subsection (a) | 14 |
| of this Section, no
restricted driving permit shall be | 15 |
| issued until the individual has served 6
months of the | 16 |
| revocation period.
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| (d) (1) Whenever a person under the age of 21 is | 18 |
| convicted under Section
11-501 of this Code or a similar | 19 |
| provision of a local ordinance, or a similar out-of-state | 20 |
| offense, the
Secretary of State shall revoke the driving | 21 |
| privileges of that person. One
year after the date of | 22 |
| revocation, and upon application, the Secretary of
State | 23 |
| may, if satisfied that the person applying will not | 24 |
| endanger the
public safety or welfare, issue a restricted | 25 |
| driving permit granting the
privilege of driving a motor | 26 |
| vehicle only between the hours of 5 a.m. and 9
p.m. or as |
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| otherwise provided by this Section for a period of one | 2 |
| year.
After this one year period, and upon reapplication | 3 |
| for a license as
provided in Section 6-106, upon payment of | 4 |
| the appropriate reinstatement
fee provided under paragraph | 5 |
| (b) of Section 6-118, the Secretary of State,
in his | 6 |
| discretion, may
reinstate the petitioner's driver's | 7 |
| license and driving privileges
issue the applicant a
| 8 |
| license , or extend the restricted driving permit as many | 9 |
| times as the
Secretary of State deems appropriate, by | 10 |
| additional periods of not more than
12 months each , until | 11 |
| the applicant attains 21 years of age .
| 12 |
| (2) If a person's license or permit is
has been revoked | 13 |
| or suspended due to 2 or
more convictions of violating | 14 |
| Section 11-501 of this Code or a similar
provision of a | 15 |
| local ordinance or a similar out-of-state offense, or | 16 |
| Section 9-3 of the Criminal Code of 1961, where the use of | 17 |
| alcohol or other drugs is recited as an element of the | 18 |
| offense, or a similar out-of-state offense, or a | 19 |
| combination of these offenses, arising out
of separate | 20 |
| occurrences, that person, if issued a restricted driving | 21 |
| permit,
may not operate a vehicle unless it has been | 22 |
| equipped with an ignition
interlock device as defined in | 23 |
| Section 1-129.1.
| 24 |
| (3) If a person's license or permit is
has been revoked | 25 |
| or suspended 2 or more times
within a 10 year period due to | 26 |
| any combination of:
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| (A) a single conviction of violating Section | 2 |
| 11-501
of this
Code or a similar provision of a local | 3 |
| ordinance or a similar out-of-state
offense , or | 4 |
| Section 9-3 of the Criminal Code of 1961, where the use | 5 |
| of alcohol or other drugs is recited as an element of | 6 |
| the offense, or a similar out-of-state offense; or , and
| 7 |
| (B) a statutory summary suspension under Section | 8 |
| 11-501.1 ; , or | 9 |
| (C) a suspension pursuant to Section 6-203.1,
2 or | 10 |
| more statutory
summary
suspensions, or combination of | 11 |
| 2 offenses, or of an offense and a statutory
summary
| 12 |
| suspension, arising out of separate occurrences, that | 13 |
| person, if issued a
restricted
driving permit, may not | 14 |
| operate a vehicle unless it has been equipped with an
| 15 |
| ignition interlock device as defined in Section | 16 |
| 1-129.1.
| 17 |
| (4) The person must pay to the Secretary of State DUI | 18 |
| Administration Fund an amount
not to exceed $20 per month. | 19 |
| The Secretary shall establish by rule the amount
and the | 20 |
| procedures, terms, and conditions relating to these fees.
| 21 |
| (5) If the restricted driving permit is
was issued for | 22 |
| employment purposes, then the prohibition against driving | 23 |
| a vehicle that is not equipped with an ignition interlock | 24 |
| device
this provision does not apply to the operation of an | 25 |
| occupational vehicle
owned or leased by that person's | 26 |
| employer when used solely for employment purposes . |
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| (6) A
restricted driving permit issued under this | 2 |
| Section shall be subject to
cancellation, revocation, and | 3 |
| suspension by the Secretary of State in like
manner and for | 4 |
| like cause as a driver's license issued under this Code may | 5 |
| be
cancelled, revoked, or suspended; except that a | 6 |
| conviction upon one or more
offenses against laws or | 7 |
| ordinances regulating the movement of traffic
shall be | 8 |
| deemed sufficient cause for the revocation, suspension, or
| 9 |
| cancellation of a restricted driving permit.
The | 10 |
| revocation periods contained in this subparagraph shall | 11 |
| apply to similar
out-of-state convictions.
| 12 |
| (e) This Section is subject to the provisions of the Driver | 13 |
| License
Compact.
| 14 |
| (f) Any revocation imposed upon any person under | 15 |
| subsections 2
and 3 of paragraph (b) that is in effect on | 16 |
| December 31, 1988 shall be
converted to a suspension for a like | 17 |
| period of time.
| 18 |
| (g) The Secretary of State shall not issue a restricted | 19 |
| driving permit to
a person under the age of 16 years whose | 20 |
| driving privileges have been revoked
under any provisions of | 21 |
| this Code.
| 22 |
| (h) The Secretary of State shall require the use of | 23 |
| ignition interlock
devices on all vehicles owned by an | 24 |
| individual who has been convicted of a
second or subsequent | 25 |
| offense under Section 11-501 of this Code or a similar
| 26 |
| provision of a local ordinance. The Secretary shall establish |
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| by rule and
regulation the procedures for certification and use | 2 |
| of the interlock
system.
| 3 |
| (i) The Secretary of State may not issue a restricted | 4 |
| driving permit for
a period of one year after a second or | 5 |
| subsequent revocation of driving
privileges under clause | 6 |
| (a)(2) of this Section; however, one
year after the date of a | 7 |
| second or subsequent revocation of driving privileges
under | 8 |
| clause (a)(2) of this Section, the Secretary of State may,
upon | 9 |
| application, issue a restricted driving permit under the terms | 10 |
| and
conditions of subsection (c).
| 11 |
| (j) In accordance with 49 C.F.R. 384, the Secretary of | 12 |
| State may not issue a restricted driving permit for the | 13 |
| operation of a commercial motor vehicle to a person holding a | 14 |
| CDL whose driving privileges have been revoked under any | 15 |
| provisions of this Code.
| 16 |
| (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)"; and
| 17 |
| by replacing lines 11 through 26 on page 15, all of pages 16 | 18 |
| and 17, and lines 1 through 7 on page 18 with the following:
| 19 |
| "3. At the conclusion of a hearing under Section 2-118 | 20 |
| of this Code,
the Secretary of State shall either rescind | 21 |
| or continue an order of
revocation or shall substitute an | 22 |
| order of suspension; or, good
cause appearing therefor, | 23 |
| rescind, continue, change, or extend the
order of | 24 |
| suspension. If the Secretary of State does not rescind the | 25 |
| order,
the Secretary may upon application,
to relieve undue |
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| hardship (as defined by the rules of the Secretary of | 2 |
| State) , issue
a restricted driving permit granting the | 3 |
| privilege of driving a motor
vehicle between the | 4 |
| petitioner's residence and petitioner's place of
| 5 |
| employment or within the scope of the petitioner's
his | 6 |
| employment related duties, or to
allow transportation for | 7 |
| the petitioner, or a household member of the
petitioner's | 8 |
| family, to receive necessary medical care and if the
| 9 |
| professional evaluation indicates, provide transportation | 10 |
| to and from
for alcohol or drug
remedial or rehabilitative | 11 |
| activity recommended by a licensed service provider , or for | 12 |
| the petitioner to attend
classes, as a student, in an | 13 |
| accredited educational institution . The ; if the
petitioner | 14 |
| must
is able to demonstrate that no alternative means of
| 15 |
| transportation is reasonably available and that the | 16 |
| petitioner will not endanger
the public safety or welfare. | 17 |
| Those multiple offenders identified in subdivision (b)4 of | 18 |
| Section 6-208 of this Code, however, shall not be eligible | 19 |
| for the issuance of a restricted driving permit.
| 20 |
| (A) If a person's license or permit is
has been revoked | 21 |
| or suspended due to 2
or more convictions of violating | 22 |
| Section 11-501 of this Code or a similar
provision of a | 23 |
| local ordinance or a similar out-of-state offense, or | 24 |
| Section 9-3 of the Criminal Code of 1961, where the use of | 25 |
| alcohol or other drugs is recited as an element of the | 26 |
| offense, or a similar out-of-state offense, or a |
|
|
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| combination of these offenses, arising out
of separate | 2 |
| occurrences, that person, if issued a restricted driving | 3 |
| permit,
may not operate a vehicle unless it has been | 4 |
| equipped with an ignition
interlock device as defined in | 5 |
| Section 1-129.1.
| 6 |
| (B) If a person's license or permit is
has been revoked | 7 |
| or suspended 2 or more
times within a 10 year period due to | 8 |
| any combination of:
| 9 |
| (i) a single conviction 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 or Section | 12 |
| 9-3 of the Criminal Code of 1961, where the use of | 13 |
| alcohol or other drugs is recited as an element of the | 14 |
| offense, or a similar out-of-state offense; or , and | 15 |
| (ii) a statutory summary suspension under Section
| 16 |
| 11-501.1 ;
, or | 17 |
| (iii) a suspension under Section 6-203.1,
2 or more | 18 |
| statutory summary suspensions, or combination of 2
| 19 |
| offenses, or of an offense and a statutory summary | 20 |
| suspension, arising out of
separate occurrences, that | 21 |
| person, if issued a restricted driving permit, may
not | 22 |
| operate a vehicle unless it has been
equipped with an | 23 |
| ignition interlock device as defined in Section | 24 |
| 1-129.1.
| 25 |
| (C) The person must pay to the Secretary of State DUI | 26 |
| Administration Fund an amount
not to exceed $20 per month. |
|
|
|
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LRB095 04707 WGH 36837 a |
|
| 1 |
| The Secretary shall establish by rule the amount
and the | 2 |
| procedures, terms, and conditions relating to these fees. | 3 |
| (D) If the
restricted driving permit is
was issued for | 4 |
| employment purposes, then the prohibition against | 5 |
| operating a motor vehicle that is not equipped with an | 6 |
| ignition interlock device
this
provision does not apply to | 7 |
| the operation of an occupational vehicle owned or
leased by | 8 |
| that person's employer when used solely for employment | 9 |
| purposes . | 10 |
| (E) In each case the Secretary may issue a
restricted | 11 |
| driving permit for a period deemed appropriate, except that | 12 |
| all
permits shall expire within one year from the date of | 13 |
| issuance. The Secretary
may not, however, issue a | 14 |
| restricted driving permit to any person whose current
| 15 |
| revocation is the result of a second or subsequent | 16 |
| conviction for a violation
of Section 11-501 of this Code | 17 |
| or a similar provision of a local ordinance
relating to the | 18 |
| offense of operating or being in physical control of a | 19 |
| motor
vehicle while under the influence of alcohol, other | 20 |
| drug or drugs, intoxicating
compound or compounds, or any | 21 |
| similar out-of-state offense, or Section 9-3 of the | 22 |
| Criminal Code of 1961, where the use of alcohol or other | 23 |
| drugs is recited as an element of the offense, or any | 24 |
| similar out-of-state offense, or any combination
of those | 25 |
| offenses, until the expiration of at least one year from | 26 |
| the date of
the revocation. A
restricted driving permit |
|
|
|
09500SB0577ham002 |
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LRB095 04707 WGH 36837 a |
|
| 1 |
| issued under this Section shall be subject to
cancellation, | 2 |
| revocation, and suspension by the Secretary of State in | 3 |
| like
manner and for like cause as a driver's license issued | 4 |
| under this Code may be
cancelled, revoked, or suspended; | 5 |
| except that a conviction upon one or more
offenses against | 6 |
| laws or ordinances regulating the movement of traffic
shall | 7 |
| be deemed sufficient cause for the revocation, suspension, | 8 |
| or
cancellation of a restricted driving permit. The | 9 |
| Secretary of State may, as
a condition to the issuance of a | 10 |
| restricted driving permit, require the
applicant to | 11 |
| participate in a designated driver remedial or | 12 |
| rehabilitative
program. The Secretary of State is | 13 |
| authorized to cancel a restricted
driving permit if the | 14 |
| permit holder does not successfully complete the | 15 |
| program.".
|
|