Illinois General Assembly - Full Text of HB1446
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Full Text of HB1446  99th General Assembly

HB1446 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1446

 

Introduced , by Rep. Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-205
625 ILCS 5/6-206
625 ILCS 5/6-208  from Ch. 95 1/2, par. 6-208
625 ILCS 5/6-303  from Ch. 95 1/2, par. 6-303

    Amends the Illinois Vehicle Code. Provides a person with a revoked driver's license, who is ineligible for restoration of the license because of certain prior violations including a 4th or subsequent DUI, may apply for a restricted driving permit 5 years after revocation or release from imprisonment, whichever is later. To be eligible for the restricted driving permit the person, must at a minimum, show by clear and convincing evidence at least 3 years of abstinence from alcohol and illegal drugs and successful completion of rehabilitative treatment. Any restricted driving permit issued to such a person must require operation of a vehicle equipped with an ignition interlock device. Provides the person shall not be eligible for a restricted driving permit if convicted of more than one violation of driving under the influence of drugs or an intoxicating compound. If the person issued a restricted driving permit is subsequently convicted of driving under the influence, the permit is revoked and he or she is permanently barred from acquiring a restricted driving permit. Allows a nonresident, who is ineligible for restoration of a license because of certain prior violations, to seek restoration of the license 10 years from the date of revocation. Makes it a Class 4 felony for a person with a restricted driving permit that requires operation of a vehicle with an ignition interlock device to operate a vehicle without one.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1446LRB099 03905 RJF 23921 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-205, 6-206, 6-208, and 6-303 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver's conviction of any of the following offenses:
13        1. Reckless homicide resulting from the operation of a
14    motor vehicle;
15        2. Violation of Section 11-501 of this Code or a
16    similar provision of a local ordinance relating to the
17    offense of operating or being in physical control of a
18    vehicle while under the influence of alcohol, other drug or
19    drugs, intoxicating compound or compounds, or any
20    combination thereof;
21        3. Any felony under the laws of any State or the
22    federal government in the commission of which a motor
23    vehicle was used;

 

 

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1        4. Violation of Section 11-401 of this Code relating to
2    the offense of leaving the scene of a traffic accident
3    involving death or personal injury;
4        5. Perjury or the making of a false affidavit or
5    statement under oath to the Secretary of State under this
6    Code or under any other law relating to the ownership or
7    operation of motor vehicles;
8        6. Conviction upon 3 charges of violation of Section
9    11-503 of this Code relating to the offense of reckless
10    driving committed within a period of 12 months;
11        7. Conviction of any offense defined in Section 4-102
12    of this Code;
13        8. Violation of Section 11-504 of this Code relating to
14    the offense of drag racing;
15        9. Violation of Chapters 8 and 9 of this Code;
16        10. Violation of Section 12-5 of the Criminal Code of
17    1961 or the Criminal Code of 2012 arising from the use of a
18    motor vehicle;
19        11. Violation of Section 11-204.1 of this Code relating
20    to aggravated fleeing or attempting to elude a peace
21    officer;
22        12. Violation of paragraph (1) of subsection (b) of
23    Section 6-507, or a similar law of any other state,
24    relating to the unlawful operation of a commercial motor
25    vehicle;
26        13. Violation of paragraph (a) of Section 11-502 of

 

 

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1    this Code or a similar provision of a local ordinance if
2    the driver has been previously convicted of a violation of
3    that Section or a similar provision of a local ordinance
4    and the driver was less than 21 years of age at the time of
5    the offense;
6        14. Violation of paragraph (a) of Section 11-506 of
7    this Code or a similar provision of a local ordinance
8    relating to the offense of street racing;
9        15. A second or subsequent conviction of driving while
10    the person's driver's license, permit or privileges was
11    revoked for reckless homicide or a similar out-of-state
12    offense;
13        16. Any offense against any provision in this Code, or
14    any local ordinance, regulating the movement of traffic
15    when that offense was the proximate cause of the death of
16    any person. Any person whose driving privileges have been
17    revoked pursuant to this paragraph may seek to have the
18    revocation terminated or to have the length of revocation
19    reduced by requesting an administrative hearing with the
20    Secretary of State prior to the projected driver's license
21    application eligibility date;
22        17. Violation of subsection (a-2) of Section 11-1301.3
23    of this Code or a similar provision of a local ordinance;
24        18. A second or subsequent conviction of illegal
25    possession, while operating or in actual physical control,
26    as a driver, of a motor vehicle, of any controlled

 

 

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1    substance prohibited under the Illinois Controlled
2    Substances Act, any cannabis prohibited under the Cannabis
3    Control Act, or any methamphetamine prohibited under the
4    Methamphetamine Control and Community Protection Act. A
5    defendant found guilty of this offense while operating a
6    motor vehicle shall have an entry made in the court record
7    by the presiding judge that this offense did occur while
8    the defendant was operating a motor vehicle and order the
9    clerk of the court to report the violation to the Secretary
10    of State.
11    (b) The Secretary of State shall also immediately revoke
12the license or permit of any driver in the following
13situations:
14        1. Of any minor upon receiving the notice provided for
15    in Section 5-901 of the Juvenile Court Act of 1987 that the
16    minor has been adjudicated under that Act as having
17    committed an offense relating to motor vehicles prescribed
18    in Section 4-103 of this Code;
19        2. Of any person when any other law of this State
20    requires either the revocation or suspension of a license
21    or permit;
22        3. Of any person adjudicated under the Juvenile Court
23    Act of 1987 based on an offense determined to have been
24    committed in furtherance of the criminal activities of an
25    organized gang as provided in Section 5-710 of that Act,
26    and that involved the operation or use of a motor vehicle

 

 

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1    or the use of a driver's license or permit. The revocation
2    shall remain in effect for the period determined by the
3    court. Upon the direction of the court, the Secretary shall
4    issue the person a judicial driving permit, also known as a
5    JDP. The JDP shall be subject to the same terms as a JDP
6    issued under Section 6-206.1, except that the court may
7    direct that a JDP issued under this subdivision (b)(3) be
8    effective immediately.
9    (c)(1) Whenever a person is convicted of any of the
10offenses enumerated in this Section, the court may recommend
11and the Secretary of State in his discretion, without regard to
12whether the recommendation is made by the court may, upon
13application, issue to the person a restricted driving permit
14granting the privilege of driving a motor vehicle between the
15petitioner's residence and petitioner's place of employment or
16within the scope of the petitioner's employment related duties,
17or to allow the petitioner to transport himself or herself or a
18family member of the petitioner's household to a medical
19facility for the receipt of necessary medical care or to allow
20the petitioner to transport himself or herself to and from
21alcohol or drug remedial or rehabilitative activity
22recommended by a licensed service provider, or to allow the
23petitioner to transport himself or herself or a family member
24of the petitioner's household to classes, as a student, at an
25accredited educational institution, or to allow the petitioner
26to transport children, elderly persons, or disabled persons who

 

 

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1do not hold driving privileges and are living in the
2petitioner's household to and from daycare; if the petitioner
3is able to demonstrate that no alternative means of
4transportation is reasonably available and that the petitioner
5will not endanger the public safety or welfare; provided that
6the Secretary's discretion shall be limited to cases where
7undue hardship, as defined by the rules of the Secretary of
8State, would result from a failure to issue the restricted
9driving permit. Those multiple offenders identified in
10subdivision (b)4 of Section 6-208 of this Code, however, shall
11not be eligible for the issuance of a restricted driving
12permit.
13        (1.5) A person subject to the provisions of paragraph 4
14    of subsection (b) of Section 6-208 of this Code may make
15    application for a restricted driving permit at a hearing
16    conducted under Section 2-118 of this Code after the
17    expiration of 5 years from the effective date of the most
18    recent revocation, or after 5 years from the date of
19    release from a period of imprisonment resulting from a
20    conviction of the most recent offense, whichever is later,
21    provided the person, in addition to all other requirements
22    of the Secretary, shows by clear and convincing evidence:
23            (A) a minimum of 3 years of uninterrupted
24        abstinence from alcohol and the unlawful use or
25        consumption of cannabis under the Cannabis Control
26        Act, a controlled substance under the Illinois

 

 

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1        Controlled Substances Act, an intoxicating compound
2        under the Use of Intoxicating Compounds Act, or
3        methamphetamine under the Methamphetamine Control and
4        Community Protection Act; and
5            (B) the successful completion of any
6        rehabilitative treatment and involvement in any
7        ongoing rehabilitative activity that may be
8        recommended by a properly licensed service provider
9        according to an assessment of the person's alcohol or
10        drug use under Section 11-501.01 of this Code.
11        In determining whether an applicant is eligible for a
12    restricted driving permit under this paragraph (1.5), the
13    Secretary may consider any relevant evidence, including,
14    but not limited to, testimony, affidavits, records, and the
15    results of regular alcohol or drug tests. Persons subject
16    to the provisions of paragraph 4 of subsection (b) of
17    Section 6-208 of this Code and who have been convicted of
18    more than one violation of paragraph (3), paragraph (4), or
19    paragraph (5) of subsection (a) of Section 11-501 of this
20    Code shall not be eligible to apply for a restricted
21    driving permit.
22        A restricted driving permit issued under this
23    paragraph (1.5) shall provide that the holder may only
24    operate motor vehicles equipped with an ignition interlock
25    device as required under paragraph (2) of subsection (c) of
26    this Section and subparagraph (A) of paragraph 3 of

 

 

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1    subsection (c) of Section 6-206 of this Code. The Secretary
2    may revoke a restricted driving permit or amend the
3    conditions of a restricted driving permit issued under this
4    paragraph (1.5) if the holder operates a vehicle that is
5    not equipped with an ignition interlock device, or for any
6    other reason authorized under this Code.
7        A restricted driving permit issued under this
8    paragraph (1.5) shall be revoked, and the holder barred
9    from applying for or being issued a restricted driving
10    permit in the future, if the holder is subsequently
11    convicted of a violation of Section 11-501 of this Code, a
12    similar provision of a local ordinance, or a similar
13    offense in another state.
14        (2) If a person's license or permit is revoked or
15    suspended due to 2 or more convictions of violating Section
16    11-501 of this Code or a similar provision of a local
17    ordinance or a similar out-of-state offense, or Section 9-3
18    of the Criminal Code of 1961 or the Criminal Code of 2012,
19    where the use of alcohol or other drugs is recited as an
20    element of the offense, or a similar out-of-state offense,
21    or a combination of these offenses, arising out of separate
22    occurrences, that person, if issued a restricted driving
23    permit, may not operate a vehicle unless it has been
24    equipped with an ignition interlock device as defined in
25    Section 1-129.1.
26        (3) If:

 

 

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1            (A) a person's license or permit is revoked or
2        suspended 2 or more times within a 10 year period due
3        to any combination of:
4                (i) a single conviction of violating Section
5            11-501 of this Code or a similar provision of a
6            local ordinance or a similar out-of-state offense,
7            or Section 9-3 of the Criminal Code of 1961 or the
8            Criminal Code of 2012, where the use of alcohol or
9            other drugs is recited as an element of the
10            offense, or a similar out-of-state offense; or
11                (ii) a statutory summary suspension or
12            revocation under Section 11-501.1; or
13                (iii) a suspension pursuant to Section
14            6-203.1;
15        arising out of separate occurrences; or
16            (B) a person has been convicted of one violation of
17        Section 6-303 of this Code committed while his or her
18        driver's license, permit, or privilege was revoked
19        because of a violation of Section 9-3 of the Criminal
20        Code of 1961 or the Criminal Code of 2012, relating to
21        the offense of reckless homicide where the use of
22        alcohol or other drugs was recited as an element of the
23        offense, or a similar provision of a law of another
24        state;
25    that person, if issued a restricted driving permit, may not
26    operate a vehicle unless it has been equipped with an

 

 

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1    ignition interlock device as defined in Section 1-129.1.
2        (4) The person issued a permit conditioned on the use
3    of an ignition interlock device must pay to the Secretary
4    of State DUI Administration Fund an amount not to exceed
5    $30 per month. The Secretary shall establish by rule the
6    amount and the procedures, terms, and conditions relating
7    to these fees.
8        (5) If the restricted driving permit is issued for
9    employment purposes, then the prohibition against
10    operating a motor vehicle that is not equipped with an
11    ignition interlock device does not apply to the operation
12    of an occupational vehicle owned or leased by that person's
13    employer when used solely for employment purposes.
14        (6) In each case the Secretary of State may issue a
15    restricted driving permit for a period he deems
16    appropriate, except that the permit shall expire within one
17    year from the date of issuance. The Secretary may not,
18    however, issue a restricted driving permit to any person
19    whose current revocation is the result of a second or
20    subsequent conviction for a violation of Section 11-501 of
21    this Code or a similar provision of a local ordinance or
22    any similar out-of-state offense, or Section 9-3 of the
23    Criminal Code of 1961 or the Criminal Code of 2012, where
24    the use of alcohol or other drugs is recited as an element
25    of the offense, or any similar out-of-state offense, or any
26    combination of these offenses, until the expiration of at

 

 

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1    least one year from the date of the revocation. A
2    restricted driving permit issued under this Section shall
3    be subject to cancellation, revocation, and suspension by
4    the Secretary of State in like manner and for like cause as
5    a driver's license issued under this Code may be cancelled,
6    revoked, or suspended; except that a conviction upon one or
7    more offenses against laws or ordinances regulating the
8    movement of traffic shall be deemed sufficient cause for
9    the revocation, suspension, or cancellation of a
10    restricted driving permit. The Secretary of State may, as a
11    condition to the issuance of a restricted driving permit,
12    require the petitioner to participate in a designated
13    driver remedial or rehabilitative program. The Secretary
14    of State is authorized to cancel a restricted driving
15    permit if the permit holder does not successfully complete
16    the program. However, if an individual's driving
17    privileges have been revoked in accordance with paragraph
18    13 of subsection (a) of this Section, no restricted driving
19    permit shall be issued until the individual has served 6
20    months of the revocation period.
21    (c-5) (Blank).
22    (c-6) If a person is convicted of a second violation of
23operating a motor vehicle while the person's driver's license,
24permit or privilege was revoked, where the revocation was for a
25violation of Section 9-3 of the Criminal Code of 1961 or the
26Criminal Code of 2012 relating to the offense of reckless

 

 

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1homicide or a similar out-of-state offense, the person's
2driving privileges shall be revoked pursuant to subdivision
3(a)(15) of this Section. The person may not make application
4for a license or permit until the expiration of five years from
5the effective date of the revocation or the expiration of five
6years from the date of release from a term of imprisonment,
7whichever is later.
8    (c-7) If a person is convicted of a third or subsequent
9violation of operating a motor vehicle while the person's
10driver's license, permit or privilege was revoked, where the
11revocation was for a violation of Section 9-3 of the Criminal
12Code of 1961 or the Criminal Code of 2012 relating to the
13offense of reckless homicide or a similar out-of-state offense,
14the person may never apply for a license or permit.
15    (d)(1) Whenever a person under the age of 21 is convicted
16under Section 11-501 of this Code or a similar provision of a
17local ordinance or a similar out-of-state offense, the
18Secretary of State shall revoke the driving privileges of that
19person. One year after the date of revocation, and upon
20application, the Secretary of State may, if satisfied that the
21person applying will not endanger the public safety or welfare,
22issue a restricted driving permit granting the privilege of
23driving a motor vehicle only between the hours of 5 a.m. and 9
24p.m. or as otherwise provided by this Section for a period of
25one year. After this one year period, and upon reapplication
26for a license as provided in Section 6-106, upon payment of the

 

 

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1appropriate reinstatement fee provided under paragraph (b) of
2Section 6-118, the Secretary of State, in his discretion, may
3reinstate the petitioner's driver's license and driving
4privileges, or extend the restricted driving permit as many
5times as the Secretary of State deems appropriate, by
6additional periods of not more than 12 months each.
7        (2) If a person's license or permit is revoked or
8    suspended due to 2 or more convictions of violating Section
9    11-501 of this Code or a similar provision of a local
10    ordinance or a similar out-of-state offense, or Section 9-3
11    of the Criminal Code of 1961 or the Criminal Code of 2012,
12    where the use of alcohol or other drugs is recited as an
13    element of the offense, or a similar out-of-state offense,
14    or a combination of these offenses, arising out of separate
15    occurrences, that person, if issued a restricted driving
16    permit, may not operate a vehicle unless it has been
17    equipped with an ignition interlock device as defined in
18    Section 1-129.1.
19        (3) If a person's license or permit is revoked or
20    suspended 2 or more times within a 10 year period due to
21    any combination of:
22            (A) a single conviction of violating Section
23        11-501 of this Code or a similar provision of a local
24        ordinance or a similar out-of-state offense, or
25        Section 9-3 of the Criminal Code of 1961 or the
26        Criminal Code of 2012, where the use of alcohol or

 

 

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1        other drugs is recited as an element of the offense, or
2        a similar out-of-state offense; or
3            (B) a statutory summary suspension or revocation
4        under Section 11-501.1; or
5            (C) a suspension pursuant to Section 6-203.1;
6    arising out of separate occurrences, that person, if issued
7    a restricted driving permit, may not operate a vehicle
8    unless it has been equipped with an ignition interlock
9    device as defined in Section 1-129.1.
10        (4) The person issued a permit conditioned upon the use
11    of an interlock device must pay to the Secretary of State
12    DUI Administration Fund an amount not to exceed $30 per
13    month. The Secretary shall establish by rule the amount and
14    the procedures, terms, and conditions relating to these
15    fees.
16        (5) If the restricted driving permit is issued for
17    employment purposes, then the prohibition against driving
18    a vehicle that is not equipped with an ignition interlock
19    device does not apply to the operation of an occupational
20    vehicle owned or leased by that person's employer when used
21    solely for employment purposes.
22        (6) A restricted driving permit issued under this
23    Section shall be subject to cancellation, revocation, and
24    suspension by the Secretary of State in like manner and for
25    like cause as a driver's license issued under this Code may
26    be cancelled, revoked, or suspended; except that a

 

 

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1    conviction upon one or more offenses against laws or
2    ordinances regulating the movement of traffic shall be
3    deemed sufficient cause for the revocation, suspension, or
4    cancellation of a restricted driving permit.
5    (d-5) The revocation of the license, permit, or driving
6privileges of a person convicted of a third or subsequent
7violation of Section 6-303 of this Code committed while his or
8her driver's license, permit, or privilege was revoked because
9of a violation of Section 9-3 of the Criminal Code of 1961 or
10the Criminal Code of 2012, relating to the offense of reckless
11homicide, or a similar provision of a law of another state, is
12permanent. The Secretary may not, at any time, issue a license
13or permit to that person.
14    (e) This Section is subject to the provisions of the Driver
15License Compact.
16    (f) Any revocation imposed upon any person under
17subsections 2 and 3 of paragraph (b) that is in effect on
18December 31, 1988 shall be converted to a suspension for a like
19period of time.
20    (g) The Secretary of State shall not issue a restricted
21driving permit to a person under the age of 16 years whose
22driving privileges have been revoked under any provisions of
23this Code.
24    (h) The Secretary of State shall require the use of
25ignition interlock devices on all vehicles owned by a person
26who has been convicted of a second or subsequent offense under

 

 

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1Section 11-501 of this Code or a similar provision of a local
2ordinance. The person must pay to the Secretary of State DUI
3Administration Fund an amount not to exceed $30 for each month
4that he or she uses the device. The Secretary shall establish
5by rule and regulation the procedures for certification and use
6of the interlock system, the amount of the fee, and the
7procedures, terms, and conditions relating to these fees.
8    (i) (Blank).
9    (j) In accordance with 49 C.F.R. 384, the Secretary of
10State may not issue a restricted driving permit for the
11operation of a commercial motor vehicle to a person holding a
12CDL whose driving privileges have been revoked, suspended,
13cancelled, or disqualified under any provisions of this Code.
14(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1596-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
167-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
171-1-13; 97-1150, eff. 1-25-13.)
 
18    (625 ILCS 5/6-206)
19    Sec. 6-206. Discretionary authority to suspend or revoke
20license or permit; Right to a hearing.
21    (a) The Secretary of State is authorized to suspend or
22revoke the driving privileges of any person without preliminary
23hearing upon a showing of the person's records or other
24sufficient evidence that the person:
25        1. Has committed an offense for which mandatory

 

 

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

 

 

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1        5. Has permitted an unlawful or fraudulent use of a
2    driver's license, identification card, or permit;
3        6. Has been lawfully convicted of an offense or
4    offenses in another state, including the authorization
5    contained in Section 6-203.1, which if committed within
6    this State would be grounds for suspension or revocation;
7        7. Has refused or failed to submit to an examination
8    provided for by Section 6-207 or has failed to pass the
9    examination;
10        8. Is ineligible for a driver's license or permit under
11    the provisions of Section 6-103;
12        9. Has made a false statement or knowingly concealed a
13    material fact or has used false information or
14    identification in any application for a license,
15    identification card, or permit;
16        10. Has possessed, displayed, or attempted to
17    fraudulently use any license, identification card, or
18    permit not issued to the person;
19        11. Has operated a motor vehicle upon a highway of this
20    State when the person's driving privilege or privilege to
21    obtain a driver's license or permit was revoked or
22    suspended unless the operation was authorized by a
23    monitoring device driving permit, judicial driving permit
24    issued prior to January 1, 2009, probationary license to
25    drive, or a restricted driving permit issued under this
26    Code;

 

 

HB1446- 19 -LRB099 03905 RJF 23921 b

1        12. Has submitted to any portion of the application
2    process for another person or has obtained the services of
3    another person to submit to any portion of the application
4    process for the purpose of obtaining a license,
5    identification card, or permit for some other person;
6        13. Has operated a motor vehicle upon a highway of this
7    State when the person's driver's license or permit was
8    invalid under the provisions of Sections 6-107.1 and 6-110;
9        14. Has committed a violation of Section 6-301,
10    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
11    of the Illinois Identification Card Act;
12        15. Has been convicted of violating Section 21-2 of the
13    Criminal Code of 1961 or the Criminal Code of 2012 relating
14    to criminal trespass to vehicles in which case, the
15    suspension shall be for one year;
16        16. Has been convicted of violating Section 11-204 of
17    this Code relating to fleeing from a peace officer;
18        17. Has refused to submit to a test, or tests, as
19    required under Section 11-501.1 of this Code and the person
20    has not sought a hearing as provided for in Section
21    11-501.1;
22        18. Has, since issuance of a driver's license or
23    permit, been adjudged to be afflicted with or suffering
24    from any mental disability or disease;
25        19. Has committed a violation of paragraph (a) or (b)
26    of Section 6-101 relating to driving without a driver's

 

 

HB1446- 20 -LRB099 03905 RJF 23921 b

1    license;
2        20. Has been convicted of violating Section 6-104
3    relating to classification of driver's license;
4        21. Has been convicted of violating Section 11-402 of
5    this Code relating to leaving the scene of an accident
6    resulting in damage to a vehicle in excess of $1,000, in
7    which case the suspension shall be for one year;
8        22. Has used a motor vehicle in violating paragraph
9    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
10    the Criminal Code of 1961 or the Criminal Code of 2012
11    relating to unlawful use of weapons, in which case the
12    suspension shall be for one year;
13        23. Has, as a driver, been convicted of committing a
14    violation of paragraph (a) of Section 11-502 of this Code
15    for a second or subsequent time within one year of a
16    similar violation;
17        24. Has been convicted by a court-martial or punished
18    by non-judicial punishment by military authorities of the
19    United States at a military installation in Illinois or in
20    another state of or for a traffic related offense that is
21    the same as or similar to an offense specified under
22    Section 6-205 or 6-206 of this Code;
23        25. Has permitted any form of identification to be used
24    by another in the application process in order to obtain or
25    attempt to obtain a license, identification card, or
26    permit;

 

 

HB1446- 21 -LRB099 03905 RJF 23921 b

1        26. Has altered or attempted to alter a license or has
2    possessed an altered license, identification card, or
3    permit;
4        27. Has violated Section 6-16 of the Liquor Control Act
5    of 1934;
6        28. Has been convicted for a first time of the illegal
7    possession, while operating or in actual physical control,
8    as a driver, of a motor vehicle, of any controlled
9    substance prohibited under the Illinois Controlled
10    Substances Act, any cannabis prohibited under the Cannabis
11    Control Act, or any methamphetamine prohibited under the
12    Methamphetamine Control and Community Protection Act, in
13    which case the person's driving privileges shall be
14    suspended for one year. Any defendant found guilty of this
15    offense while operating a motor vehicle, shall have an
16    entry made in the court record by the presiding judge that
17    this offense did occur while the defendant was operating a
18    motor vehicle and order the clerk of the court to report
19    the violation to the Secretary of State;
20        29. Has been convicted of the following offenses that
21    were committed while the person was operating or in actual
22    physical control, as a driver, of a motor vehicle: criminal
23    sexual assault, predatory criminal sexual assault of a
24    child, aggravated criminal sexual assault, criminal sexual
25    abuse, aggravated criminal sexual abuse, juvenile pimping,
26    soliciting for a juvenile prostitute, promoting juvenile

 

 

HB1446- 22 -LRB099 03905 RJF 23921 b

1    prostitution as described in subdivision (a)(1), (a)(2),
2    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
3    or the Criminal Code of 2012, and the manufacture, sale or
4    delivery of controlled substances or instruments used for
5    illegal drug use or abuse in which case the driver's
6    driving privileges shall be suspended for one year;
7        30. Has been convicted a second or subsequent time for
8    any combination of the offenses named in paragraph 29 of
9    this subsection, in which case the person's driving
10    privileges shall be suspended for 5 years;
11        31. Has refused to submit to a test as required by
12    Section 11-501.6 of this Code or Section 5-16c of the Boat
13    Registration and Safety Act or has submitted to a test
14    resulting in an alcohol concentration of 0.08 or more or
15    any amount of a drug, substance, or compound resulting from
16    the unlawful use or consumption of cannabis as listed in
17    the Cannabis Control Act, a controlled substance as listed
18    in the Illinois Controlled Substances Act, an intoxicating
19    compound as listed in the Use of Intoxicating Compounds
20    Act, or methamphetamine as listed in the Methamphetamine
21    Control and Community Protection Act, in which case the
22    penalty shall be as prescribed in Section 6-208.1;
23        32. Has been convicted of Section 24-1.2 of the
24    Criminal Code of 1961 or the Criminal Code of 2012 relating
25    to the aggravated discharge of a firearm if the offender
26    was located in a motor vehicle at the time the firearm was

 

 

HB1446- 23 -LRB099 03905 RJF 23921 b

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

 

 

HB1446- 24 -LRB099 03905 RJF 23921 b

1        41. Has committed a second or subsequent violation of
2    Section 11-605.1 of this Code, a similar provision of a
3    local ordinance, or a similar violation in any other state
4    within 2 years of the date of the previous violation, in
5    which case the suspension shall be for 90 days;
6        42. Has committed a violation of subsection (a-1) of
7    Section 11-1301.3 of this Code or a similar provision of a
8    local ordinance;
9        43. Has received a disposition of court supervision for
10    a violation of subsection (a), (d), or (e) of Section 6-20
11    of the Liquor Control Act of 1934 or a similar provision of
12    a local ordinance, in which case the suspension shall be
13    for a period of 3 months;
14        44. Is under the age of 21 years at the time of arrest
15    and has been convicted of an offense against traffic
16    regulations governing the movement of vehicles after
17    having previously had his or her driving privileges
18    suspended or revoked pursuant to subparagraph 36 of this
19    Section;
20        45. Has, in connection with or during the course of a
21    formal hearing conducted under Section 2-118 of this Code:
22    (i) committed perjury; (ii) submitted fraudulent or
23    falsified documents; (iii) submitted documents that have
24    been materially altered; or (iv) submitted, as his or her
25    own, documents that were in fact prepared or composed for
26    another person;

 

 

HB1446- 25 -LRB099 03905 RJF 23921 b

1        46. Has committed a violation of subsection (j) of
2    Section 3-413 of this Code; or
3        47. Has committed a violation of Section 11-502.1 of
4    this Code.
5    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
6and 27 of this subsection, license means any driver's license,
7any traffic ticket issued when the person's driver's license is
8deposited in lieu of bail, a suspension notice issued by the
9Secretary of State, a duplicate or corrected driver's license,
10a probationary driver's license or a temporary driver's
11license.
12    (b) If any conviction forming the basis of a suspension or
13revocation authorized under this Section is appealed, the
14Secretary of State may rescind or withhold the entry of the
15order of suspension or revocation, as the case may be, provided
16that a certified copy of a stay order of a court is filed with
17the Secretary of State. If the conviction is affirmed on
18appeal, the date of the conviction shall relate back to the
19time the original judgment of conviction was entered and the 6
20month limitation prescribed shall not apply.
21    (c) 1. Upon suspending or revoking the driver's license or
22permit of any person as authorized in this Section, the
23Secretary of State shall immediately notify the person in
24writing of the revocation or suspension. The notice to be
25deposited in the United States mail, postage prepaid, to the
26last known address of the person.

 

 

HB1446- 26 -LRB099 03905 RJF 23921 b

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

 

 

HB1446- 27 -LRB099 03905 RJF 23921 b

1    The provisions of this subparagraph shall not apply to any
2driver required to possess a CDL for the purpose of operating a
3commercial motor vehicle.
4    Any person who falsely states any fact in the affidavit
5required herein shall be guilty of perjury under Section 6-302
6and upon conviction thereof shall have all driving privileges
7revoked without further rights.
8    3. At the conclusion of a hearing under Section 2-118 of
9this Code, the Secretary of State shall either rescind or
10continue an order of revocation or shall substitute an order of
11suspension; or, good cause appearing therefor, rescind,
12continue, change, or extend the order of suspension. If the
13Secretary of State does not rescind the order, the Secretary
14may upon application, to relieve undue hardship (as defined by
15the rules of the Secretary of State), issue a restricted
16driving permit granting the privilege of driving a motor
17vehicle between the petitioner's residence and petitioner's
18place of employment or within the scope of the petitioner's
19employment related duties, or to allow the petitioner to
20transport himself or herself, or a family member of the
21petitioner's household to a medical facility, to receive
22necessary medical care, to allow the petitioner to transport
23himself or herself to and from alcohol or drug remedial or
24rehabilitative activity recommended by a licensed service
25provider, or to allow the petitioner to transport himself or
26herself or a family member of the petitioner's household to

 

 

HB1446- 28 -LRB099 03905 RJF 23921 b

1classes, as a student, at an accredited educational
2institution, or to allow the petitioner to transport children,
3elderly persons, or disabled persons who do not hold driving
4privileges and are living in the petitioner's household to and
5from daycare. The petitioner must demonstrate that no
6alternative means of transportation is reasonably available
7and that the petitioner will not endanger the public safety or
8welfare. Those multiple offenders identified in subdivision
9(b)4 of Section 6-208 of this Code, however, shall not be
10eligible for the issuance of a restricted driving permit.
11        (A) If a person's license or permit is revoked or
12    suspended due to 2 or more convictions of violating Section
13    11-501 of this Code or a similar provision of a local
14    ordinance or a similar out-of-state offense, or Section 9-3
15    of the Criminal Code of 1961 or the Criminal Code of 2012,
16    where the use of alcohol or other drugs is recited as an
17    element of the offense, or a similar out-of-state offense,
18    or a combination of these offenses, arising out of separate
19    occurrences, that person, if issued a restricted driving
20    permit, may not operate a vehicle unless it has been
21    equipped with an ignition interlock device as defined in
22    Section 1-129.1.
23        (B) If a person's license or permit is revoked or
24    suspended 2 or more times within a 10 year period due to
25    any combination of:
26            (i) a single conviction of violating Section

 

 

HB1446- 29 -LRB099 03905 RJF 23921 b

1        11-501 of this Code or a similar provision of a local
2        ordinance or a similar out-of-state offense or Section
3        9-3 of the Criminal Code of 1961 or the Criminal Code
4        of 2012, where the use of alcohol or other drugs is
5        recited as an element of the offense, or a similar
6        out-of-state offense; or
7            (ii) a statutory summary suspension or revocation
8        under Section 11-501.1; or
9            (iii) a suspension under Section 6-203.1;
10    arising out of separate occurrences; that person, if issued
11    a restricted driving permit, may not operate a vehicle
12    unless it has been equipped with an ignition interlock
13    device as defined in Section 1-129.1.
14        (C) The person issued a permit conditioned upon the use
15    of an ignition interlock device must pay to the Secretary
16    of State DUI Administration Fund an amount not to exceed
17    $30 per month. The Secretary shall establish by rule the
18    amount and the procedures, terms, and conditions relating
19    to these fees.
20        (D) If the restricted driving permit is issued for
21    employment purposes, then the prohibition against
22    operating a motor vehicle that is not equipped with an
23    ignition interlock device does not apply to the operation
24    of an occupational vehicle owned or leased by that person's
25    employer when used solely for employment purposes.
26        (E) In each case the Secretary may issue a restricted

 

 

HB1446- 30 -LRB099 03905 RJF 23921 b

1    driving permit for a period deemed appropriate, except that
2    all permits shall expire within one year from the date of
3    issuance. The Secretary may not, however, issue a
4    restricted driving permit to any person whose current
5    revocation is the result of a second or subsequent
6    conviction for a violation of Section 11-501 of this Code
7    or a similar provision of a local ordinance or any similar
8    out-of-state offense, or Section 9-3 of the Criminal Code
9    of 1961 or the Criminal Code of 2012, where the use of
10    alcohol or other drugs is recited as an element of the
11    offense, or any similar out-of-state offense, or any
12    combination of those offenses, until the expiration of at
13    least one year from the date of the revocation. A
14    restricted driving permit issued under this Section shall
15    be subject to cancellation, revocation, and suspension by
16    the Secretary of State in like manner and for like cause as
17    a driver's license issued under this Code may be cancelled,
18    revoked, or suspended; except that a conviction upon one or
19    more offenses against laws or ordinances regulating the
20    movement of traffic shall be deemed sufficient cause for
21    the revocation, suspension, or cancellation of a
22    restricted driving permit. The Secretary of State may, as a
23    condition to the issuance of a restricted driving permit,
24    require the applicant to participate in a designated driver
25    remedial or rehabilitative program. The Secretary of State
26    is authorized to cancel a restricted driving permit if the

 

 

HB1446- 31 -LRB099 03905 RJF 23921 b

1    permit holder does not successfully complete the program.
2            (F) A person subject to the provisions of paragraph
3        4 of subsection (b) of Section 6-208 of this Code may
4        make application for a restricted driving permit at a
5        hearing conducted under Section 2-118 of this Code
6        after the expiration of 5 years from the effective date
7        of the most recent revocation or after 5 years from the
8        date of release from a period of imprisonment resulting
9        from a conviction of the most recent offense, whichever
10        is later, provided the person, in addition to all other
11        requirements of the Secretary, shows by clear and
12        convincing evidence:
13                (i) a minimum of 3 years of uninterrupted
14            abstinence from alcohol and the unlawful use or
15            consumption of cannabis under the Cannabis Control
16            Act, a controlled substance under the Illinois
17            Controlled Substances Act, an intoxicating
18            compound under the Use of Intoxicating Compounds
19            Act, or methamphetamine under the Methamphetamine
20            Control and Community Protection Act; and
21                (ii) the successful completion of any
22            rehabilitative treatment and involvement in any
23            ongoing rehabilitative activity that may be
24            recommended by a properly licensed service
25            provider according to an assessment of the
26            person's alcohol or drug use under Section

 

 

HB1446- 32 -LRB099 03905 RJF 23921 b

1            11-501.01 of this Code.
2            In determining whether an applicant is eligible
3        for a restricted driving permit under this
4        subparagraph (F), the Secretary may consider any
5        relevant evidence, including, but not limited to,
6        testimony, affidavits, records, and the results of
7        regular alcohol or drug tests. Persons subject to the
8        provisions of paragraph 4 of subsection (b) of Section
9        6-208 of this Code and who have been convicted of more
10        than one violation of paragraph (3), paragraph (4), or
11        paragraph (5) of subsection (a) of Section 11-501 of
12        this Code shall not be eligible to apply for a
13        restricted driving permit under this subparagraph (F).
14            A restricted driving permit issued under this
15        subparagraph (F) shall provide that the holder may only
16        operate motor vehicles equipped with an ignition
17        interlock device as required under paragraph (2) of
18        subsection (c) of Section 6-205 of this Code and
19        subparagraph (A) of paragraph 3 of subsection (c) of
20        this Section. The Secretary may revoke a restricted
21        driving permit or amend the conditions of a restricted
22        driving permit issued under this subparagraph (F) if
23        the holder operates a vehicle that is not equipped with
24        an ignition interlock device, or for any other reason
25        authorized under this Code.
26            A restricted driving permit issued under this

 

 

HB1446- 33 -LRB099 03905 RJF 23921 b

1        subparagraph (F) shall be revoked, and the holder
2        barred from applying for or being issued a restricted
3        driving permit in the future, if the holder is
4        convicted of a violation of Section 11-501 of this
5        Code, a similar provision of a local ordinance, or a
6        similar offense in another state.
7    (c-3) In the case of a suspension under paragraph 43 of
8subsection (a), reports received by the Secretary of State
9under this Section shall, except during the actual time the
10suspension is in effect, be privileged information and for use
11only by the courts, police officers, prosecuting authorities,
12the driver licensing administrator of any other state, the
13Secretary of State, or the parent or legal guardian of a driver
14under the age of 18. However, beginning January 1, 2008, if the
15person is a CDL holder, the suspension shall also be made
16available to the driver licensing administrator of any other
17state, the U.S. Department of Transportation, and the affected
18driver or motor carrier or prospective motor carrier upon
19request.
20    (c-4) In the case of a suspension under paragraph 43 of
21subsection (a), the Secretary of State shall notify the person
22by mail that his or her driving privileges and driver's license
23will be suspended one month after the date of the mailing of
24the notice.
25    (c-5) The Secretary of State may, as a condition of the
26reissuance of a driver's license or permit to an applicant

 

 

HB1446- 34 -LRB099 03905 RJF 23921 b

1whose driver's license or permit has been suspended before he
2or she reached the age of 21 years pursuant to any of the
3provisions of this Section, require the applicant to
4participate in a driver remedial education course and be
5retested under Section 6-109 of this Code.
6    (d) This Section is subject to the provisions of the
7Drivers License Compact.
8    (e) The Secretary of State shall not issue a restricted
9driving permit to a person under the age of 16 years whose
10driving privileges have been suspended or revoked under any
11provisions of this Code.
12    (f) In accordance with 49 C.F.R. 384, the Secretary of
13State may not issue a restricted driving permit for the
14operation of a commercial motor vehicle to a person holding a
15CDL whose driving privileges have been suspended, revoked,
16cancelled, or disqualified under any provisions of this Code.
17(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
1897-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
1997-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
201-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.
217-16-14.)
 
22    (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
23    Sec. 6-208. Period of Suspension - Application After
24Revocation.
25    (a) Except as otherwise provided by this Code or any other

 

 

HB1446- 35 -LRB099 03905 RJF 23921 b

1law of this State, the Secretary of State shall not suspend a
2driver's license, permit, or privilege to drive a motor vehicle
3on the highways for a period of more than one year.
4    (b) Any person whose license, permit, or privilege to drive
5a motor vehicle on the highways has been revoked shall not be
6entitled to have such license, permit, or privilege renewed or
7restored. However, such person may, except as provided under
8subsections (d) and (d-5) of Section 6-205, make application
9for a license pursuant to Section 6-106 (i) if the revocation
10was for a cause that has been removed or (ii) as provided in
11the following subparagraphs:
12        1. Except as provided in subparagraphs 1.5, 2, 3, 4,
13    and 5, the person may make application for a license (A)
14    after the expiration of one year from the effective date of
15    the revocation, (B) in the case of a violation of paragraph
16    (b) of Section 11-401 of this Code or a similar provision
17    of a local ordinance, after the expiration of 3 years from
18    the effective date of the revocation, or (C) in the case of
19    a violation of Section 9-3 of the Criminal Code of 1961 or
20    the Criminal Code of 2012 or a similar provision of a law
21    of another state relating to the offense of reckless
22    homicide or a violation of subparagraph (F) of paragraph 1
23    of subsection (d) of Section 11-501 of this Code relating
24    to aggravated driving under the influence of alcohol, other
25    drug or drugs, intoxicating compound or compounds, or any
26    combination thereof, if the violation was the proximate

 

 

HB1446- 36 -LRB099 03905 RJF 23921 b

1    cause of a death, after the expiration of 2 years from the
2    effective date of the revocation or after the expiration of
3    24 months from the date of release from a period of
4    imprisonment as provided in Section 6-103 of this Code,
5    whichever is later.
6        1.5. If the person is convicted of a violation of
7    Section 6-303 of this Code committed while his or her
8    driver's license, permit, or privilege was revoked because
9    of a violation of Section 9-3 of the Criminal Code of 1961
10    or the Criminal Code of 2012, relating to the offense of
11    reckless homicide, or a similar provision of a law of
12    another state, the person may not make application for a
13    license or permit until the expiration of 3 years from the
14    date of the conviction.
15        2. If such person is convicted of committing a second
16    violation within a 20-year period of:
17            (A) Section 11-501 of this Code or a similar
18        provision of a local ordinance;
19            (B) Paragraph (b) of Section 11-401 of this Code or
20        a similar provision of a local ordinance;
21            (C) Section 9-3 of the Criminal Code of 1961 or the
22        Criminal Code of 2012, relating to the offense of
23        reckless homicide; or
24            (D) any combination of the above offenses
25        committed at different instances;
26    then such person may not make application for a license

 

 

HB1446- 37 -LRB099 03905 RJF 23921 b

1    until after the expiration of 5 years from the effective
2    date of the most recent revocation. The 20-year period
3    shall be computed by using the dates the offenses were
4    committed and shall also include similar out-of-state
5    offenses and similar offenses committed on a military
6    installation.
7        2.5. If a person is convicted of a second violation of
8    Section 6-303 of this Code committed while the person's
9    driver's license, permit, or privilege was revoked because
10    of a violation of Section 9-3 of the Criminal Code of 1961
11    or the Criminal Code of 2012, relating to the offense of
12    reckless homicide, or a similar provision of a law of
13    another state, the person may not make application for a
14    license or permit until the expiration of 5 years from the
15    date of release from a term of imprisonment.
16        3. However, except as provided in subparagraph 4, if
17    such person is convicted of committing a third or
18    subsequent violation or any combination of the above
19    offenses, including similar out-of-state offenses and
20    similar offenses committed on a military installation,
21    contained in subparagraph 2, then such person may not make
22    application for a license until after the expiration of 10
23    years from the effective date of the most recent
24    revocation.
25        4. Except as provided in paragraph (1.5) of subsection
26    (c) of Section 6-205 and subparagraph (F) of paragraph 3 of

 

 

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1    subsection (c) of Section 6-206 of this Code, the The
2    person may not make application for a license if the person
3    is convicted of committing a fourth or subsequent violation
4    of Section 11-501 of this Code or a similar provision of a
5    local ordinance, Section 11-401 of this Code, Section 9-3
6    of the Criminal Code of 1961 or the Criminal Code of 2012,
7    or a combination of these offenses, similar provisions of
8    local ordinances, similar out-of-state offenses, or
9    similar offenses committed on a military installation.
10        4.5. A bona fide resident of a foreign jurisdiction who
11    is subject to the provisions of subparagraph 4 of this
12    subsection (b) may make application for termination of the
13    revocation after a period of 10 years from the effective
14    date of the most recent revocation. However, if a person
15    who has been granted a termination of revocation under this
16    subparagraph 4.5 subsequently becomes a resident of this
17    State, the revocation shall be reinstated and the person
18    shall be subject to the provisions of subparagraph 4.
19        5. The person may not make application for a license or
20    permit if the person is convicted of a third or subsequent
21    violation of Section 6-303 of this Code committed while his
22    or her driver's license, permit, or privilege was revoked
23    because of a violation of Section 9-3 of the Criminal Code
24    of 1961 or the Criminal Code of 2012, relating to the
25    offense of reckless homicide, or a similar provision of a
26    law of another state.

 

 

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1    Notwithstanding any other provision of this Code, all
2persons referred to in this paragraph (b) may not have their
3privileges restored until the Secretary receives payment of the
4required reinstatement fee pursuant to subsection (b) of
5Section 6-118.
6    In no event shall the Secretary issue such license unless
7and until such person has had a hearing pursuant to this Code
8and the appropriate administrative rules and the Secretary is
9satisfied, after a review or investigation of such person, that
10to grant the privilege of driving a motor vehicle on the
11highways will not endanger the public safety or welfare.
12    (c) (Blank).
13(Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)
 
14    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
15    Sec. 6-303. Driving while driver's license, permit or
16privilege to operate a motor vehicle is suspended or revoked.
17    (a) Except as otherwise provided in subsection (a-5), any
18person who drives or is in actual physical control of a motor
19vehicle on any highway of this State at a time when such
20person's driver's license, permit or privilege to do so or the
21privilege to obtain a driver's license or permit is revoked or
22suspended as provided by this Code or the law of another state,
23except as may be specifically allowed by a judicial driving
24permit issued prior to January 1, 2009, monitoring device
25driving permit, family financial responsibility driving

 

 

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

 

 

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1obtain a driver's license or permit may be subject to multiple
2revocations, multiple suspensions, or any combination of both
3simultaneously. No revocation or suspension shall serve to
4negate, invalidate, cancel, postpone, or in any way lessen the
5effect of any other revocation or suspension entered prior or
6subsequent to any other revocation or suspension.
7    (b) (Blank).
8    (b-1) Upon receiving a report of the conviction of any
9violation indicating a person was operating a motor vehicle
10during the time when the person's driver's license, permit or
11privilege was suspended by the Secretary of State or the
12driver's licensing administrator of another state, except as
13specifically allowed by a probationary license, judicial
14driving permit, restricted driving permit or monitoring device
15driving permit the Secretary shall extend the suspension for
16the same period of time as the originally imposed suspension
17unless the suspension has already expired, in which case the
18Secretary shall be authorized to suspend the person's driving
19privileges for the same period of time as the originally
20imposed suspension.
21    (b-2) Except as provided in subsection (b-6), upon
22receiving a report of the conviction of any violation
23indicating a person was operating a motor vehicle when the
24person's driver's license, permit or privilege was revoked by
25the Secretary of State or the driver's license administrator of
26any other state, except as specifically allowed by a restricted

 

 

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1driving permit issued pursuant to this Code or the law of
2another state, the Secretary shall not issue a driver's license
3for an additional period of one year from the date of such
4conviction indicating such person was operating a vehicle
5during such period of revocation.
6    (b-3) (Blank).
7    (b-4) When the Secretary of State receives a report of a
8conviction of any violation indicating a person was operating a
9motor vehicle that was not equipped with an ignition interlock
10device during a time when the person was prohibited from
11operating a motor vehicle not equipped with such a device, the
12Secretary shall not issue a driver's license to that person for
13an additional period of one year from the date of the
14conviction.
15    (b-5) Any person convicted of violating this Section shall
16serve a minimum term of imprisonment of 30 consecutive days or
17300 hours of community service when the person's driving
18privilege was revoked or suspended as a result of a violation
19of Section 9-3 of the Criminal Code of 1961 or the Criminal
20Code of 2012, relating to the offense of reckless homicide, or
21a similar provision of a law of another state.
22    (b-6) Upon receiving a report of a first conviction of
23operating a motor vehicle while the person's driver's license,
24permit or privilege was revoked where the revocation was for a
25violation of Section 9-3 of the Criminal Code of 1961 or the
26Criminal Code of 2012 relating to the offense of reckless

 

 

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1homicide or a similar out-of-state offense, the Secretary shall
2not issue a driver's license for an additional period of three
3years from the date of such conviction.
4    (c) Except as provided in subsections (c-3) and (c-4), any
5person convicted of violating this Section shall serve a
6minimum term of imprisonment of 10 consecutive days or 30 days
7of community service when the person's driving privilege was
8revoked or suspended as a result of:
9        (1) a violation of Section 11-501 of this Code or a
10    similar provision of a local ordinance relating to the
11    offense of operating or being in physical control of a
12    vehicle while under the influence of alcohol, any other
13    drug or any combination thereof; or
14        (2) a violation of paragraph (b) of Section 11-401 of
15    this Code or a similar provision of a local ordinance
16    relating to the offense of leaving the scene of a motor
17    vehicle accident involving personal injury or death; or
18        (3) a statutory summary suspension or revocation under
19    Section 11-501.1 of this Code.
20    Such sentence of imprisonment or community service shall
21not be subject to suspension in order to reduce such sentence.
22    (c-1) Except as provided in subsections (c-5) and (d), any
23person convicted of a second violation of this Section shall be
24ordered by the court to serve a minimum of 100 hours of
25community service.
26    (c-2) In addition to other penalties imposed under this

 

 

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

 

 

HB1446- 45 -LRB099 03905 RJF 23921 b

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

 

 

HB1446- 46 -LRB099 03905 RJF 23921 b

1    of a local ordinance, or a statutory summary suspension or
2    revocation under Section 11-501.1 of this Code, or for a
3    violation of Section 9-3 of the Criminal Code of 1961 or
4    the Criminal Code of 2012, relating to the offense of
5    reckless homicide, or a similar out-of-state offense.
6    (d-1) Except as provided in subsections (d-2), (d-2.5), and
7(d-3), any person convicted of a third or subsequent violation
8of this Section shall serve a minimum term of imprisonment of
930 days or 300 hours of community service, as determined by the
10court.
11    (d-2) Any person convicted of a third violation of this
12Section is guilty of a Class 4 felony and must serve a minimum
13term of imprisonment of 30 days, if:
14        (1) the current violation occurred when the person's
15    driver's license was suspended or revoked for a violation
16    of Section 11-401 or 11-501 of this Code, or a similar
17    out-of-state offense, or a similar provision of a local
18    ordinance, or a statutory summary suspension or revocation
19    under Section 11-501.1 of this Code; and
20        (2) the prior convictions under this Section occurred
21    while the person's driver's license was suspended or
22    revoked for a violation of Section 11-401 or 11-501 of this
23    Code, a similar out-of-state offense, a similar provision
24    of a local ordinance, or a statutory summary suspension or
25    revocation under Section 11-501.1 of this Code, or for a
26    violation of Section 9-3 of the Criminal Code of 1961 or

 

 

HB1446- 47 -LRB099 03905 RJF 23921 b

1    the Criminal Code of 2012, relating to the offense of
2    reckless homicide, or a similar out-of-state offense.
3    (d-2.5) Any person convicted of a third violation of this
4Section is guilty of a Class 1 felony, is not eligible for
5probation or conditional discharge, and must serve a mandatory
6term of imprisonment, if:
7        (1) the current violation occurred while the person's
8    driver's license was suspended or revoked for a violation
9    of Section 9-3 of the Criminal Code of 1961 or the Criminal
10    Code of 2012, relating to the offense of reckless homicide,
11    or a similar out-of-state offense. The person's driving
12    privileges shall be revoked for the remainder of the
13    person's life; and
14        (2) the prior convictions under this Section occurred
15    while the person's driver's license was suspended or
16    revoked for a violation of Section 9-3 of the Criminal Code
17    of 1961 or the Criminal Code of 2012, relating to the
18    offense of reckless homicide, or a similar out-of-state
19    offense, or was suspended or revoked for a violation of
20    Section 11-401 or 11-501 of this Code, a similar
21    out-of-state offense, a similar provision of a local
22    ordinance, or a statutory summary suspension or revocation
23    under Section 11-501.1 of this Code.
24    (d-3) Any person convicted of a fourth, fifth, sixth,
25seventh, eighth, or ninth violation of this Section is guilty
26of a Class 4 felony and must serve a minimum term of

 

 

HB1446- 48 -LRB099 03905 RJF 23921 b

1imprisonment of 180 days, if:
2        (1) the current violation occurred when the person's
3    driver's license was suspended or revoked for a violation
4    of Section 11-401 or 11-501 of this Code, a similar
5    out-of-state offense, a similar provision of a local
6    ordinance, or a statutory summary suspension or revocation
7    under Section 11-501.1 of this Code; and
8        (2) the prior convictions under this Section occurred
9    while the person's driver's license was suspended or
10    revoked for a violation of Section 11-401 or 11-501 of this
11    Code, a similar out-of-state offense, a similar provision
12    of a local ordinance, or a statutory summary suspension or
13    revocation under Section 11-501.1 of this Code, or for a
14    violation of Section 9-3 of the Criminal Code of 1961 or
15    the Criminal Code of 2012, relating to the offense of
16    reckless homicide, or a similar out-of-state offense.
17    (d-3.5) Any person convicted of a fourth or subsequent
18violation of this Section is guilty of a Class 1 felony, is not
19eligible for probation or conditional discharge, and must serve
20a mandatory term of imprisonment, and is eligible for an
21extended term, if:
22        (1) the current violation occurred when the person's
23    driver's license was suspended or revoked for a violation
24    of Section 9-3 of the Criminal Code of 1961 or the Criminal
25    Code of 2012, relating to the offense of reckless homicide,
26    or a similar out-of-state offense; and

 

 

HB1446- 49 -LRB099 03905 RJF 23921 b

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

 

 

HB1446- 50 -LRB099 03905 RJF 23921 b

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

 

 

HB1446- 51 -LRB099 03905 RJF 23921 b

1officer. The motor vehicle may be released to any licensed
2driver upon a showing of proof of insurance for the vehicle
3that was impounded and the notarized written consent for the
4release by the vehicle owner.
5    (f) For any prosecution under this Section, a certified
6copy of the driving abstract of the defendant shall be admitted
7as proof of any prior conviction.
8    (g) The motor vehicle used in a violation of this Section
9is subject to seizure and forfeiture as provided in Sections
1036-1 and 36-2 of the Criminal Code of 2012 if the person's
11driving privilege was revoked or suspended as a result of:
12        (1) a violation of Section 11-501 of this Code, a
13    similar provision of a local ordinance, or a similar
14    provision of a law of another state;
15        (2) a violation of paragraph (b) of Section 11-401 of
16    this Code, a similar provision of a local ordinance, or a
17    similar provision of a law of another state;
18        (3) a statutory summary suspension or revocation under
19    Section 11-501.1 of this Code or a similar provision of a
20    law of another state; or
21        (4) a violation of Section 9-3 of the Criminal Code of
22    1961 or the Criminal Code of 2012 relating to the offense
23    of reckless homicide, or a similar provision of a law of
24    another state.
25(Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13;
2698-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff.

 

 

HB1446- 52 -LRB099 03905 RJF 23921 b

18-27-13; 98-756, eff. 7-16-14.)