Full Text of HB3670 99th General Assembly
HB3670ham001 99TH GENERAL ASSEMBLY | Rep. C.D. Davidsmeyer Filed: 4/17/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3670
| 2 | | AMENDMENT NO. ______. Amend House Bill 3670 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 6-205 as follows:
| 6 | | (625 ILCS 5/6-205)
| 7 | | Sec. 6-205. Mandatory revocation of license or permit; | 8 | | Hardship cases.
| 9 | | (a) Except as provided in this Section, the Secretary of | 10 | | State shall
immediately revoke the license, permit, or driving | 11 | | privileges of
any driver upon receiving a
report of the | 12 | | driver'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 |
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| 1 | | offense of operating or being in physical
control of a | 2 | | vehicle while under the influence of alcohol, other drug or
| 3 | | drugs, intoxicating compound or compounds, or any | 4 | | combination thereof;
| 5 | | 3. Any felony under the laws of any State or the | 6 | | federal government
in the commission of which a motor | 7 | | vehicle was used;
| 8 | | 4. Violation of Section 11-401 of this Code relating to | 9 | | the offense of
leaving the scene of a traffic accident | 10 | | involving death or personal injury;
| 11 | | 5. Perjury or the making of a false affidavit or | 12 | | statement under
oath to the Secretary of State under this | 13 | | Code or under any
other law relating to the ownership or | 14 | | operation of motor vehicles;
| 15 | | 6. Conviction upon 3 charges of violation of Section | 16 | | 11-503 of this
Code relating to the offense of reckless | 17 | | driving committed within a
period of 12 months;
| 18 | | 7. Conviction of any offense
defined in
Section 4-102 | 19 | | of this Code;
| 20 | | 8. Violation of Section 11-504 of this Code relating to | 21 | | the offense
of drag racing;
| 22 | | 9. Violation of Chapters 8 and 9 of this Code;
| 23 | | 10. Violation of Section 12-5 of the Criminal Code of | 24 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 25 | | motor vehicle;
| 26 | | 11. Violation of Section 11-204.1 of this Code relating |
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| 1 | | to aggravated
fleeing or attempting to elude a peace | 2 | | officer;
| 3 | | 12. Violation of paragraph (1) of subsection (b) of | 4 | | Section 6-507,
or a similar law of any other state, | 5 | | relating to the
unlawful operation of a commercial motor | 6 | | vehicle;
| 7 | | 13. Violation of paragraph (a) of Section 11-502 of | 8 | | this Code or a
similar provision of a local ordinance if | 9 | | the driver has been previously
convicted of a violation of | 10 | | that Section or a similar provision of a local
ordinance | 11 | | and the driver was less than 21 years of age at the time of | 12 | | the
offense;
| 13 | | 14. Violation of paragraph (a) of Section 11-506 of | 14 | | this Code or a similar provision of a local ordinance | 15 | | relating to the offense of street racing;
| 16 | | 15. A second or subsequent conviction of driving while | 17 | | the person's driver's license, permit or privileges was | 18 | | revoked for reckless homicide or a similar out-of-state | 19 | | offense; | 20 | | 16. Any offense against any provision in this Code, or | 21 | | any local ordinance, regulating the
movement of traffic | 22 | | when that offense was the proximate cause of the death of | 23 | | any person. Any person whose driving privileges have been | 24 | | revoked pursuant to this paragraph may seek to have the | 25 | | revocation terminated or to have the length of revocation | 26 | | reduced by requesting an administrative hearing with the |
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| 1 | | Secretary of State prior to the projected driver's license | 2 | | application eligibility date; | 3 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 4 | | of this Code or a similar provision of a local ordinance; | 5 | | 18. A second or subsequent conviction of illegal | 6 | | possession, while operating or in actual physical control, | 7 | | as a driver, of a motor vehicle, of any controlled | 8 | | substance prohibited under the Illinois Controlled | 9 | | Substances Act, any cannabis prohibited under the Cannabis | 10 | | Control Act, or any methamphetamine prohibited under the | 11 | | Methamphetamine Control and Community Protection Act. A | 12 | | defendant found guilty of this offense while operating a | 13 | | motor vehicle
shall have an entry made in the court record | 14 | | by the presiding judge that
this offense did occur while | 15 | | the defendant was operating a motor vehicle
and order the | 16 | | clerk of the court to report the violation to the Secretary
| 17 | | of State. | 18 | | (b) The Secretary of State shall also immediately revoke | 19 | | the license
or permit of any driver in the following | 20 | | situations:
| 21 | | 1. Of any minor upon receiving the notice provided for | 22 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 23 | | minor has been
adjudicated under that Act as having | 24 | | committed an offense relating to
motor vehicles prescribed | 25 | | in Section 4-103 of this Code;
| 26 | | 2. Of any person when any other law of this State |
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| 1 | | requires either the
revocation or suspension of a license | 2 | | or permit;
| 3 | | 3. Of any person adjudicated under the Juvenile Court | 4 | | Act of 1987 based on an offense determined to have been | 5 | | committed in furtherance of the criminal activities of an | 6 | | organized gang as provided in Section 5-710 of that Act, | 7 | | and that involved the operation or use of a motor vehicle | 8 | | or the use of a driver's license or permit. The revocation | 9 | | shall remain in effect for the period determined by the | 10 | | court. Upon the direction of the court, the Secretary shall | 11 | | issue the person a judicial driving permit, also known as a | 12 | | JDP. The JDP shall be subject to the same terms as a JDP | 13 | | issued under Section 6-206.1, except that the court may | 14 | | direct that a JDP issued under this subdivision (b)(3) be | 15 | | effective immediately.
| 16 | | (c)(1) Whenever a person is convicted of any of the | 17 | | offenses enumerated in
this Section, the court may recommend | 18 | | and the Secretary of State in his
discretion, without regard to | 19 | | whether the recommendation is made by the
court may, upon | 20 | | application,
issue to the person a
restricted driving permit | 21 | | granting the privilege of driving a motor
vehicle between the | 22 | | petitioner's residence and petitioner's place
of employment or | 23 | | within the scope of the petitioner's employment related
duties, | 24 | | or to allow the petitioner to transport himself or herself or a | 25 | | family member
of the petitioner's household to a medical | 26 | | facility for the receipt of necessary medical care or to allow |
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| 1 | | the
petitioner to transport himself or herself to and from | 2 | | alcohol or drug remedial or rehabilitative activity | 3 | | recommended by a licensed service provider, or to allow the
| 4 | | petitioner to transport himself or herself or a family member | 5 | | of the petitioner's household to classes, as a student, at an | 6 | | accredited educational
institution, or to allow the petitioner | 7 | | to transport children, elderly persons, or disabled persons who | 8 | | do not hold driving privileges and are living in the | 9 | | petitioner's household to and from daycare; if the petitioner | 10 | | is able to demonstrate that no alternative means
of | 11 | | transportation is reasonably available and that the petitioner | 12 | | will not endanger
the public safety or welfare; provided that | 13 | | the Secretary's discretion shall be
limited to cases where | 14 | | undue hardship, as defined by the rules of the Secretary of | 15 | | State, would result from a failure to issue the
restricted | 16 | | driving permit. Those multiple offenders identified in | 17 | | subdivision (b)4 of Section 6-208 of this Code, however, shall | 18 | | not be eligible for the issuance of a restricted driving | 19 | | permit.
| 20 | | (2) If a person's license or permit is revoked or | 21 | | suspended due to 2 or
more convictions of violating Section | 22 | | 11-501 of this Code or a similar
provision of a local | 23 | | ordinance or a similar out-of-state offense, or Section 9-3 | 24 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 25 | | where the use of alcohol or other drugs is recited as an | 26 | | element of the offense, or a similar out-of-state offense, |
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| 1 | | or a 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 | | (3) If:
| 7 | | (A) a person's license or permit is revoked or | 8 | | suspended 2 or more
times within a 10 year period due | 9 | | to any combination of: | 10 | | (i)
a single conviction of violating Section
| 11 | | 11-501 of this Code or a similar provision of a | 12 | | local ordinance or a similar
out-of-state offense, | 13 | | or Section 9-3 of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012, where the use of alcohol or | 15 | | other drugs is recited as an element of the | 16 | | offense, or a similar out-of-state offense; or | 17 | | (ii)
a statutory summary suspension or | 18 | | revocation under Section
11-501.1; or | 19 | | (iii)
a suspension pursuant to Section | 20 | | 6-203.1;
| 21 | | arising out of
separate occurrences; or | 22 | | (B)
a person has been convicted of one violation of | 23 | | Section 6-303 of this Code committed while his or her | 24 | | driver's license, permit, or privilege was revoked | 25 | | because of a violation of Section 9-3 of the Criminal | 26 | | Code of 1961 or the Criminal Code of 2012, relating to |
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| 1 | | the offense of reckless homicide where the use of | 2 | | alcohol or other drugs was recited as an element of the | 3 | | offense, or a similar provision of a law of another | 4 | | state;
| 5 | | that person, if issued a restricted
driving permit, may not | 6 | | operate a vehicle unless it has been equipped with an
| 7 | | ignition interlock device as defined in Section 1-129.1. | 8 | | (4)
The person issued a permit conditioned on the use | 9 | | of an ignition interlock device must pay to the Secretary | 10 | | of State DUI Administration Fund an amount
not to exceed | 11 | | $30 per month. The Secretary shall establish by rule the | 12 | | amount
and the procedures, terms, and conditions relating | 13 | | to these fees. | 14 | | (5)
If the restricted driving permit is issued for | 15 | | employment purposes, then
the prohibition against | 16 | | operating a motor vehicle that is not equipped with an | 17 | | ignition interlock device does not apply to the operation | 18 | | of an occupational vehicle
owned or leased by that person's | 19 | | employer when used solely for employment purposes. | 20 | | (6)
In each case the Secretary of State may issue a
| 21 | | restricted driving permit for a period he deems | 22 | | appropriate, except that the
permit shall expire within one | 23 | | year from the date of issuance. The Secretary
may not, | 24 | | however, issue a restricted driving permit to any person | 25 | | whose current
revocation is the result of a second or | 26 | | subsequent conviction for a violation
of Section 11-501 of |
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| 1 | | this Code or a similar provision of a local ordinance
or | 2 | | any similar out-of-state offense, or Section 9-3 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012, where | 4 | | the use of alcohol or other drugs is recited as an element | 5 | | of the offense, or any similar out-of-state offense, or any | 6 | | combination of these offenses, until the expiration of at | 7 | | least one year from the date of the
revocation. A | 8 | | restricted
driving permit issued under this Section shall | 9 | | be
subject to cancellation, revocation, and suspension by | 10 | | the Secretary of
State in like manner and for like cause as | 11 | | a driver's license issued
under this Code may be cancelled, | 12 | | revoked, or
suspended; except that a conviction upon one or | 13 | | more offenses against laws or
ordinances regulating the | 14 | | movement of traffic shall be deemed sufficient cause
for | 15 | | the revocation, suspension, or cancellation of a | 16 | | restricted driving permit.
The Secretary of State may, as a | 17 | | condition to the issuance of a restricted
driving permit, | 18 | | require the petitioner to participate in a designated | 19 | | driver
remedial or rehabilitative program. The Secretary | 20 | | of State is authorized to
cancel a restricted driving | 21 | | permit if the permit holder does not successfully
complete | 22 | | the program. However, if an individual's driving | 23 | | privileges have been
revoked in accordance with paragraph | 24 | | 13 of subsection (a) of this Section, no
restricted driving | 25 | | permit shall be issued until the individual has served 6
| 26 | | months of the revocation period.
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| 1 | | (c-5) (Blank).
| 2 | | (c-6) If a person is convicted of a second violation of | 3 | | operating a motor vehicle while the person's driver's license, | 4 | | permit or privilege was revoked, where the revocation was for a | 5 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012 relating to the offense of reckless | 7 | | homicide or a similar out-of-state offense, the person's | 8 | | driving privileges shall be revoked pursuant to subdivision | 9 | | (a)(15) of this Section. The person may not make application | 10 | | for a license or permit until the expiration of five years from | 11 | | the effective date of the revocation or the expiration of five | 12 | | years from the date of release from a term of imprisonment, | 13 | | whichever is later. | 14 | | (c-7) If a person is convicted of a third or subsequent | 15 | | violation of operating a motor vehicle while the person's | 16 | | driver's license, permit or privilege was revoked, where the | 17 | | revocation was for a violation of Section 9-3 of the Criminal | 18 | | Code of 1961 or the Criminal Code of 2012 relating to the | 19 | | offense of reckless homicide or a similar out-of-state offense, | 20 | | the person may never apply for a license or permit. | 21 | | (d)(1) Whenever a person under the age of 21 is convicted | 22 | | under Section
11-501 of this Code or a similar provision of a | 23 | | local ordinance or a similar out-of-state offense, the
| 24 | | Secretary of State shall revoke the driving privileges of that | 25 | | person. One
year after the date of revocation, and upon | 26 | | application, the Secretary of
State may, if satisfied that the |
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| 1 | | person applying will not endanger the
public safety or welfare, | 2 | | issue a restricted driving permit granting the
privilege of | 3 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 4 | | p.m. or as otherwise provided by this Section for a period of | 5 | | one year.
After this one year period, and upon reapplication | 6 | | for a license as
provided in Section 6-106, upon payment of the | 7 | | appropriate reinstatement
fee provided under paragraph (b) of | 8 | | Section 6-118, the Secretary of State,
in his discretion, may
| 9 | | reinstate the petitioner's driver's license and driving | 10 | | privileges, or extend the restricted driving permit as many | 11 | | times as the
Secretary of State deems appropriate, by | 12 | | additional periods of not more than
12 months each.
| 13 | | (2) If a person's license or permit is revoked or | 14 | | suspended due to 2 or
more convictions of violating Section | 15 | | 11-501 of this Code or a similar
provision of a local | 16 | | ordinance or a similar out-of-state offense, or Section 9-3 | 17 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 18 | | where the use of alcohol or other drugs is recited as an | 19 | | element of the offense, or a similar out-of-state offense, | 20 | | or a combination of these offenses, arising out
of separate | 21 | | occurrences, that person, if issued a restricted driving | 22 | | permit,
may not operate a vehicle unless it has been | 23 | | equipped with an ignition
interlock device as defined in | 24 | | Section 1-129.1.
| 25 | | (3) If a person's license or permit is revoked or | 26 | | suspended 2 or more times
within a 10 year period due to |
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| 1 | | any combination of: | 2 | | (A) a single conviction of violating Section | 3 | | 11-501
of this
Code or a similar provision of a local | 4 | | ordinance or a similar out-of-state
offense, or | 5 | | Section 9-3 of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012, where the use of alcohol or | 7 | | other drugs is recited as an element of the offense, or | 8 | | a similar out-of-state offense; or | 9 | | (B)
a statutory summary suspension or revocation | 10 | | under Section 11-501.1; or | 11 | | (C) a suspension pursuant to Section 6-203.1; | 12 | | arising out of separate occurrences, that person, if issued | 13 | | a
restricted
driving permit, may not operate a vehicle | 14 | | unless it has been equipped with an
ignition interlock | 15 | | device as defined in Section 1-129.1. | 16 | | (4)
The person issued a permit conditioned upon the use | 17 | | of an interlock device must pay to the Secretary of State | 18 | | DUI Administration Fund an amount
not to exceed $30 per | 19 | | month. The Secretary shall establish by rule the amount
and | 20 | | the procedures, terms, and conditions relating to these | 21 | | fees. | 22 | | (5)
If the restricted driving permit is issued for | 23 | | employment purposes, then
the prohibition against driving | 24 | | a vehicle that is not equipped with an ignition interlock | 25 | | device does not apply to the operation of an occupational | 26 | | vehicle
owned or leased by that person's employer when used |
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| 1 | | solely for employment purposes. | 2 | | (6) A
restricted driving permit issued under this | 3 | | Section shall be subject to
cancellation, revocation, and | 4 | | suspension by the Secretary of State in like
manner and for | 5 | | like cause as a driver's license issued under this Code may | 6 | | be
cancelled, revoked, or suspended; except that a | 7 | | conviction upon one or more
offenses against laws or | 8 | | ordinances regulating the movement of traffic
shall be | 9 | | deemed sufficient cause for the revocation, suspension, or
| 10 | | cancellation of a restricted driving permit.
| 11 | | (d-5) The revocation of the license, permit, or driving | 12 | | privileges of a person convicted of a third or subsequent | 13 | | violation of Section 6-303 of this Code committed while his or | 14 | | her driver's license, permit, or privilege was revoked because | 15 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 16 | | the Criminal Code of 2012, relating to the offense of reckless | 17 | | homicide, or a similar provision of a law of another state, is | 18 | | permanent. The Secretary may not, at any time, issue a license | 19 | | or permit to that person.
| 20 | | (e) This Section is subject to the provisions of the Driver | 21 | | License
Compact.
| 22 | | (f) Any revocation imposed upon any person under | 23 | | subsections 2
and 3 of paragraph (b) that is in effect on | 24 | | December 31, 1988 shall be
converted to a suspension for a like | 25 | | period of time.
| 26 | | (g) The Secretary of State shall not issue a restricted |
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| 1 | | driving permit to
a person under the age of 16 years whose | 2 | | driving privileges have been revoked
under any provisions of | 3 | | this Code.
| 4 | | (h) The Secretary of State shall require the use of | 5 | | ignition interlock
devices on all vehicles owned by a person | 6 | | who has been convicted of a
second or subsequent offense under | 7 | | Section 11-501 of this Code or a similar
provision of a local | 8 | | ordinance. The person must pay to the Secretary of State DUI | 9 | | Administration Fund an amount not to exceed $30 for each month | 10 | | that he or she uses the device. The Secretary shall establish | 11 | | by rule and
regulation the procedures for certification and use | 12 | | of the interlock
system, the amount of the fee, and the | 13 | | procedures, terms, and conditions relating to these fees.
| 14 | | (i) (Blank).
| 15 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 16 | | State may not issue a restricted driving permit for the | 17 | | operation of a commercial motor vehicle to a person holding a | 18 | | CDL whose driving privileges have been revoked, suspended, | 19 | | cancelled, or disqualified under any provisions of this Code.
| 20 | | (k) The Secretary of State shall notify by mail any person | 21 | | whose driving privileges have been revoked under paragraph 16 | 22 | | of subsection (a) of this Section that his or her driving | 23 | | privileges and driver's license will be revoked 90 days from | 24 | | the date of the mailing of the notice. | 25 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 26 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. |
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| 1 | | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | 2 | | 1-1-13; 97-1150, eff. 1-25-13.)".
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