Full Text of HB3037 100th General Assembly
HB3037ham001 100TH GENERAL ASSEMBLY | Rep. Barbara Wheeler Filed: 3/7/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3037
| 2 | | AMENDMENT NO. ______. Amend House Bill 3037 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-205, 6-206, 6-208, and 11-501.01 as | 6 | | follows:
| 7 | | (625 ILCS 5/6-205)
| 8 | | Sec. 6-205. Mandatory revocation of license or permit; | 9 | | Hardship cases.
| 10 | | (a) Except as provided in this Section, the Secretary of | 11 | | State shall
immediately revoke the license, permit, or driving | 12 | | privileges of
any driver upon receiving a
report of the | 13 | | driver's conviction of any of the following offenses:
| 14 | | 1. Reckless homicide resulting from the operation of a | 15 | | motor vehicle;
| 16 | | 2. Violation of Section 11-501 of this Code or a |
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| 1 | | similar provision of
a local ordinance relating to the | 2 | | offense of operating or being in physical
control of a | 3 | | vehicle while under the influence of alcohol, other drug or
| 4 | | drugs, intoxicating compound or compounds, or any | 5 | | combination thereof;
| 6 | | 3. Any felony under the laws of any State or the | 7 | | federal government
in the commission of which a motor | 8 | | vehicle was used;
| 9 | | 4. Violation of Section 11-401 of this Code relating to | 10 | | the offense of
leaving the scene of a traffic accident | 11 | | involving death or personal injury;
| 12 | | 5. Perjury or the making of a false affidavit or | 13 | | statement under
oath to the Secretary of State under this | 14 | | Code or under any
other law relating to the ownership or | 15 | | operation of motor vehicles;
| 16 | | 6. Conviction upon 3 charges of violation of Section | 17 | | 11-503 of this
Code relating to the offense of reckless | 18 | | driving committed within a
period of 12 months;
| 19 | | 7. Conviction of any offense
defined in
Section 4-102 | 20 | | of this Code;
| 21 | | 8. Violation of Section 11-504 of this Code relating to | 22 | | the offense
of drag racing;
| 23 | | 9. Violation of Chapters 8 and 9 of this Code;
| 24 | | 10. Violation of Section 12-5 of the Criminal Code of | 25 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 26 | | motor vehicle;
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| 1 | | 11. Violation of Section 11-204.1 of this Code relating | 2 | | to aggravated
fleeing or attempting to elude a peace | 3 | | officer;
| 4 | | 12. Violation of paragraph (1) of subsection (b) of | 5 | | Section 6-507,
or a similar law of any other state, | 6 | | relating to the
unlawful operation of a commercial motor | 7 | | vehicle;
| 8 | | 13. Violation of paragraph (a) of Section 11-502 of | 9 | | this Code or a
similar provision of a local ordinance if | 10 | | the driver has been previously
convicted of a violation of | 11 | | that Section or a similar provision of a local
ordinance | 12 | | and the driver was less than 21 years of age at the time of | 13 | | the
offense;
| 14 | | 14. Violation of paragraph (a) of Section 11-506 of | 15 | | this Code or a similar provision of a local ordinance | 16 | | relating to the offense of street racing;
| 17 | | 15. A second or subsequent conviction of driving while | 18 | | the person's driver's license, permit or privileges was | 19 | | revoked for reckless homicide or a similar out-of-state | 20 | | offense; | 21 | | 16. Any offense against any provision in this Code, or | 22 | | any local ordinance, regulating the
movement of traffic | 23 | | when that offense was the proximate cause of the death of | 24 | | any person. Any person whose driving privileges have been | 25 | | revoked pursuant to this paragraph may seek to have the | 26 | | revocation terminated or to have the length of revocation |
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| 1 | | reduced by requesting an administrative hearing with the | 2 | | Secretary of State prior to the projected driver's license | 3 | | application eligibility date; | 4 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 5 | | of this Code or a similar provision of a local ordinance; | 6 | | 18. A second or subsequent conviction of 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. A | 13 | | defendant found guilty of this offense while operating a | 14 | | motor vehicle
shall have an entry made in the court record | 15 | | by the presiding judge that
this offense did occur while | 16 | | the defendant was operating a motor vehicle
and order the | 17 | | clerk of the court to report the violation to the Secretary
| 18 | | of State. | 19 | | (b) The Secretary of State shall also immediately revoke | 20 | | the license
or permit of any driver in the following | 21 | | situations:
| 22 | | 1. Of any minor upon receiving the notice provided for | 23 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 24 | | minor has been
adjudicated under that Act as having | 25 | | committed an offense relating to
motor vehicles prescribed | 26 | | in Section 4-103 of this Code;
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| 1 | | 2. Of any person when any other law of this State | 2 | | requires either the
revocation or suspension of a license | 3 | | or permit;
| 4 | | 3. Of any person adjudicated under the Juvenile Court | 5 | | Act of 1987 based on an offense determined to have been | 6 | | committed in furtherance of the criminal activities of an | 7 | | organized gang as provided in Section 5-710 of that Act, | 8 | | and that involved the operation or use of a motor vehicle | 9 | | or the use of a driver's license or permit. The revocation | 10 | | shall remain in effect for the period determined by the | 11 | | court. | 12 | | (c)(1) Whenever a person is convicted of any of the | 13 | | offenses enumerated in
this Section, the court may recommend | 14 | | and the Secretary of State in his
discretion, without regard to | 15 | | whether the recommendation is made by the
court may, upon | 16 | | application,
issue to the person a
restricted driving permit | 17 | | granting the privilege of driving a motor
vehicle between the | 18 | | petitioner's residence and petitioner's place
of employment or | 19 | | within the scope of the petitioner's employment related
duties, | 20 | | or to allow the petitioner to transport himself or herself or a | 21 | | family member
of the petitioner's household to a medical | 22 | | facility for the receipt of necessary medical care or to allow | 23 | | the
petitioner to transport himself or herself to and from | 24 | | alcohol or drug remedial or rehabilitative activity | 25 | | recommended by a licensed service provider, or to allow the
| 26 | | petitioner to transport himself or herself or a family member |
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| 1 | | of the petitioner's household to classes, as a student, at an | 2 | | accredited educational
institution, or to allow the petitioner | 3 | | to transport children, elderly persons, or persons with | 4 | | disabilities who do not hold driving privileges and are living | 5 | | in the petitioner's household to and from daycare; if the | 6 | | petitioner is able to demonstrate that no alternative means
of | 7 | | transportation is reasonably available and that the petitioner | 8 | | will not endanger
the public safety or welfare; provided that | 9 | | the Secretary's discretion shall be
limited to cases where | 10 | | undue hardship, as defined by the rules of the Secretary of | 11 | | State, would result from a failure to issue the
restricted | 12 | | driving permit.
| 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 due to any combination of: | 3 | | (i)
a single conviction of violating Section
| 4 | | 11-501 of this Code or a similar provision of a | 5 | | local ordinance or a similar
out-of-state offense, | 6 | | or Section 9-3 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012, where the use of alcohol or | 8 | | other drugs is recited as an element of the | 9 | | offense, or a similar out-of-state offense; or | 10 | | (ii)
a statutory summary suspension or | 11 | | revocation under Section
11-501.1; or | 12 | | (iii)
a suspension pursuant to Section | 13 | | 6-203.1;
| 14 | | arising out of
separate occurrences; or | 15 | | (B)
a person has been convicted of one violation of | 16 | | subparagraph (C) or (F) of paragraph (1) of subsection | 17 | | (d) of Section 11-501 of this Code, Section 9-3 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012, | 19 | | relating to the offense of reckless homicide where the | 20 | | use of alcohol or other drugs was recited as an element | 21 | | of the offense, or a similar provision of a law of | 22 | | another state;
| 23 | | that person, if issued a restricted
driving permit, may not | 24 | | operate a vehicle unless it has been equipped with an
| 25 | | ignition interlock device as defined in Section 1-129.1. | 26 | | (4)
The person issued a permit conditioned on the use |
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| 1 | | of an ignition interlock device must pay to the Secretary | 2 | | of State DUI Administration Fund an amount
not to exceed | 3 | | $30 per month. The Secretary shall establish by rule the | 4 | | amount
and the procedures, terms, and conditions relating | 5 | | to these fees. | 6 | | (5)
If the restricted driving permit is issued for | 7 | | employment purposes, then
the prohibition against | 8 | | operating a motor vehicle that is not equipped with an | 9 | | ignition interlock device does not apply to the operation | 10 | | of an occupational vehicle
owned or leased by that person's | 11 | | employer when used solely for employment purposes. For any | 12 | | person who, within a 5-year period, is convicted of a | 13 | | second or subsequent offense under Section 11-501 of this | 14 | | Code, or a similar provision of a local ordinance or | 15 | | similar out-of-state offense, this employment exemption | 16 | | does not apply until either a one-year period has elapsed | 17 | | during which that person had his or her driving privileges | 18 | | revoked or a one-year period has elapsed during which that | 19 | | person had a restricted driving permit which required the | 20 | | use of an ignition interlock device on every motor vehicle | 21 | | owned or operated by that person. | 22 | | (6)
In each case the Secretary of State may issue a
| 23 | | restricted driving permit for a period he deems | 24 | | appropriate, except that the
permit shall expire within one | 25 | | year from the date of issuance. A restricted
driving permit | 26 | | issued under this Section shall be
subject to cancellation, |
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| 1 | | revocation, and suspension by the Secretary of
State in | 2 | | like manner and for like cause as a driver's license issued
| 3 | | under this Code may be cancelled, revoked, or
suspended; | 4 | | except that a conviction upon one or more offenses against | 5 | | laws or
ordinances regulating the movement of traffic shall | 6 | | be deemed sufficient cause
for the revocation, suspension, | 7 | | or cancellation of a restricted driving permit.
The | 8 | | Secretary of State may, as a condition to the issuance of a | 9 | | restricted
driving permit, require the petitioner to | 10 | | participate in a designated driver
remedial or | 11 | | rehabilitative program. The Secretary of State is | 12 | | authorized to
cancel a restricted driving permit if the | 13 | | permit holder does not successfully
complete the program. | 14 | | However, if an individual's driving privileges have been
| 15 | | revoked in accordance with paragraph 13 of subsection (a) | 16 | | of this Section, no
restricted driving permit shall be | 17 | | issued until the individual has served 6
months of the | 18 | | revocation period.
| 19 | | (c-5) (Blank).
| 20 | | (c-6) If a person is convicted of a second violation of | 21 | | operating a motor vehicle while the person's driver's license, | 22 | | permit or privilege was revoked, where the revocation was for a | 23 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 24 | | Criminal Code of 2012 relating to the offense of reckless | 25 | | homicide or a similar out-of-state offense, the person's | 26 | | driving privileges shall be revoked pursuant to subdivision |
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| 1 | | (a)(15) of this Section. The person may not make application | 2 | | for a license or permit until the expiration of five years from | 3 | | the effective date of the revocation or the expiration of five | 4 | | years from the date of release from a term of imprisonment, | 5 | | whichever is later. | 6 | | (c-7) If a person is convicted of a third or subsequent | 7 | | violation of operating a motor vehicle while the person's | 8 | | driver's license, permit or privilege was revoked, where the | 9 | | revocation was for a violation of Section 9-3 of the Criminal | 10 | | Code of 1961 or the Criminal Code of 2012 relating to the | 11 | | offense of reckless homicide or a similar out-of-state offense, | 12 | | the person may never apply for a license or permit. | 13 | | (d)(1) Whenever a person under the age of 21 is convicted | 14 | | under Section
11-501 of this Code or a similar provision of a | 15 | | local ordinance or a similar out-of-state offense, the
| 16 | | Secretary of State shall revoke the driving privileges of that | 17 | | person. One
year after the date of revocation, and upon | 18 | | application, the Secretary of
State may, if satisfied that the | 19 | | person applying will not endanger the
public safety or welfare, | 20 | | issue a restricted driving permit granting the
privilege of | 21 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 22 | | p.m. or as otherwise provided by this Section for a period of | 23 | | one year.
After this one-year period, and upon reapplication | 24 | | for a license as
provided in Section 6-106, upon payment of the | 25 | | appropriate reinstatement
fee provided under paragraph (b) of | 26 | | Section 6-118, the Secretary of State,
in his discretion, may
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| 1 | | reinstate the petitioner's driver's license and driving | 2 | | privileges, or extend the restricted driving permit as many | 3 | | times as the
Secretary of State deems appropriate, by | 4 | | additional periods of not more than
12 months each.
| 5 | | (2) If a person's license or permit is revoked or | 6 | | suspended due to 2 or
more convictions of violating Section | 7 | | 11-501 of this Code or a similar
provision of a local | 8 | | ordinance or a similar out-of-state offense, or Section 9-3 | 9 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 10 | | where the use of alcohol or other drugs is recited as an | 11 | | element of the offense, or a similar out-of-state offense, | 12 | | or a combination of these offenses, arising out
of separate | 13 | | occurrences, that person, if issued a restricted driving | 14 | | permit,
may not operate a vehicle unless it has been | 15 | | equipped with an ignition
interlock device as defined in | 16 | | Section 1-129.1.
| 17 | | (3) If a person's license or permit is revoked or | 18 | | suspended 2 or more times
due to any combination of: | 19 | | (A) a single conviction of violating Section | 20 | | 11-501
of this
Code or a similar provision of a local | 21 | | ordinance or a similar out-of-state
offense, or | 22 | | Section 9-3 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012, where the use of alcohol or | 24 | | other drugs is recited as an element of the offense, or | 25 | | a similar out-of-state offense; or | 26 | | (B)
a statutory summary suspension or revocation |
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| 1 | | under Section 11-501.1; or | 2 | | (C) a suspension pursuant to Section 6-203.1; | 3 | | arising out of separate occurrences, that person, if issued | 4 | | a
restricted
driving permit, may not operate a vehicle | 5 | | unless it has been equipped with an
ignition interlock | 6 | | device as defined in Section 1-129.1. | 7 | | (3.5) If a person's license or permit is revoked or | 8 | | suspended due to a conviction for a violation of | 9 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 10 | | of Section 11-501 of this Code, or a similar provision of a | 11 | | local ordinance or similar out-of-state offense, that | 12 | | person, if issued a restricted driving permit, may not | 13 | | operate a vehicle unless it has been equipped with an | 14 | | ignition interlock device as defined in Section 1-129.1. | 15 | | (4)
The person issued a permit conditioned upon the use | 16 | | of an interlock device must pay to the Secretary of State | 17 | | DUI Administration Fund an amount
not to exceed $30 per | 18 | | month. The Secretary shall establish by rule the amount
and | 19 | | the procedures, terms, and conditions relating to these | 20 | | fees. | 21 | | (5)
If the restricted driving permit is issued for | 22 | | employment purposes, then
the prohibition against driving | 23 | | a vehicle that is not equipped with an ignition interlock | 24 | | device does not apply to the operation of an occupational | 25 | | vehicle
owned or leased by that person's employer when used | 26 | | solely for employment purposes. For any person who, within |
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| 1 | | a 5-year period, is convicted of a second or subsequent | 2 | | offense under Section 11-501 of this Code, or a similar | 3 | | provision of a local ordinance or similar out-of-state | 4 | | offense, this employment exemption does not apply until | 5 | | either a one-year period has elapsed during which that | 6 | | person had his or her driving privileges revoked or a | 7 | | one-year period has elapsed during which that person had a | 8 | | restricted driving permit which required the use of an | 9 | | ignition interlock device on every motor vehicle owned or | 10 | | operated by that person. | 11 | | (6) A
restricted driving permit issued under this | 12 | | Section shall be subject to
cancellation, revocation, and | 13 | | suspension by the Secretary of State in like
manner and for | 14 | | like cause as a driver's license issued under this Code may | 15 | | be
cancelled, revoked, or suspended; except that a | 16 | | conviction upon one or more
offenses against laws or | 17 | | ordinances regulating the movement of traffic
shall be | 18 | | deemed sufficient cause for the revocation, suspension, or
| 19 | | cancellation of a restricted driving permit.
| 20 | | (d-5) The revocation of the license, permit, or driving | 21 | | privileges of a person convicted of a third or subsequent | 22 | | violation of Section 6-303 of this Code committed while his or | 23 | | her driver's license, permit, or privilege was revoked because | 24 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 25 | | the Criminal Code of 2012, relating to the offense of reckless | 26 | | homicide, or a similar provision of a law of another state, is |
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| 1 | | permanent. The Secretary may not, at any time, issue a license | 2 | | or permit to that person.
| 3 | | (e) This Section is subject to the provisions of the Driver | 4 | | License
Compact.
| 5 | | (f) Any revocation imposed upon any person under | 6 | | subsections 2
and 3 of paragraph (b) that is in effect on | 7 | | December 31, 1988 shall be
converted to a suspension for a like | 8 | | period of time.
| 9 | | (g) The Secretary of State shall not issue a restricted | 10 | | driving permit to
a person under the age of 16 years whose | 11 | | driving privileges have been revoked
under any provisions of | 12 | | this Code.
| 13 | | (h) The Secretary of State shall require the use of | 14 | | ignition interlock devices on all vehicles owned by a person | 15 | | who has been convicted for a second or subsequent offense under | 16 | | Section 11-501 of this Code or a similar provision of a local | 17 | | ordinance or out-of-state offense, Section 9-3 of the Criminal | 18 | | Code of 1961 or the Criminal Code of 2012 in which the use of | 19 | | alcohol or other drugs is recited as an element of the offense | 20 | | or a similar out-of-state offense, or a combination of these | 21 | | offenses arising out of separate occurrences and the second or | 22 | | subsequent offense was committed before January 1, 2016. The | 23 | | Secretary of State shall require the use of ignition interlock
| 24 | | devices for a period not less than 5 years on all vehicles | 25 | | owned by a person who has been convicted for of a
second or | 26 | | subsequent offense under Section 11-501 of this Code or a |
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| 1 | | similar
provision of a local ordinance or out-of-state offense, | 2 | | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | 3 | | of 2012 in which the use of alcohol or other drugs is recited | 4 | | as an element of the offense or a similar out-of-state offense, | 5 | | or a combination of these offenses arising out of separate | 6 | | occurrences and the second or subsequent offense was committed | 7 | | on or after January 1, 2016 . A person required to use an | 8 | | ignition interlock device under this subsection (h) The person | 9 | | must pay to the Secretary of State DUI Administration Fund an | 10 | | amount not to exceed $30 for each month that he or she uses the | 11 | | device. The Secretary shall establish by rule and
regulation | 12 | | the procedures for certification and use of the interlock
| 13 | | system, the amount of the fee, and the procedures, terms, and | 14 | | conditions relating to these fees. During the time period in | 15 | | which a person is required to install an ignition interlock | 16 | | device under this subsection (h), that person shall only | 17 | | operate vehicles in which ignition interlock devices have been | 18 | | installed, except as allowed by subdivision (c)(5) or (d)(5) of | 19 | | this Section.
| 20 | | (i) (Blank).
| 21 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 22 | | State may not issue a restricted driving permit for the | 23 | | operation of a commercial motor vehicle to a person holding a | 24 | | CDL whose driving privileges have been revoked, suspended, | 25 | | cancelled, or disqualified under any provisions of this Code.
| 26 | | (k) The Secretary of State shall notify by mail any person |
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| 1 | | whose driving privileges have been revoked under paragraph 16 | 2 | | of subsection (a) of this Section that his or her driving | 3 | | privileges and driver's license will be revoked 90 days from | 4 | | the date of the mailing of the notice. | 5 | | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; | 6 | | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; | 7 | | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. | 8 | | 7-28-16.)
| 9 | | (625 ILCS 5/6-206)
| 10 | | Sec. 6-206. Discretionary authority to suspend or revoke | 11 | | license or
permit; right to a hearing.
| 12 | | (a) The Secretary of State is authorized to suspend or | 13 | | revoke the
driving privileges of any person without preliminary | 14 | | hearing upon a showing
of the person's records or other | 15 | | sufficient evidence that
the person:
| 16 | | 1. Has committed an offense for which mandatory | 17 | | revocation of
a driver's license or permit is required upon | 18 | | conviction;
| 19 | | 2. Has been convicted of not less than 3 offenses | 20 | | against traffic
regulations governing the movement of | 21 | | vehicles committed within any 12
month period. No | 22 | | revocation or suspension shall be entered more than
6 | 23 | | months after the date of last conviction;
| 24 | | 3. Has been repeatedly involved as a driver in motor | 25 | | vehicle
collisions or has been repeatedly convicted of |
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| 1 | | offenses against laws and
ordinances regulating the | 2 | | movement of traffic, to a degree that
indicates lack of | 3 | | ability to exercise ordinary and reasonable care in
the | 4 | | safe operation of a motor vehicle or disrespect for the | 5 | | traffic laws
and the safety of other persons upon the | 6 | | highway;
| 7 | | 4. Has by the unlawful operation of a motor vehicle | 8 | | caused or
contributed to an accident resulting in injury | 9 | | requiring
immediate professional treatment in a medical | 10 | | facility or doctor's office
to any person, except that any | 11 | | suspension or revocation imposed by the
Secretary of State | 12 | | under the provisions of this subsection shall start no
| 13 | | later than 6 months after being convicted of violating a | 14 | | law or
ordinance regulating the movement of traffic, which | 15 | | violation is related
to the accident, or shall start not | 16 | | more than one year
after
the date of the accident, | 17 | | whichever date occurs later;
| 18 | | 5. Has permitted an unlawful or fraudulent use of a | 19 | | driver's
license, identification card, or permit;
| 20 | | 6. Has been lawfully convicted of an offense or | 21 | | offenses in another
state, including the authorization | 22 | | contained in Section 6-203.1, which
if committed within | 23 | | this State would be grounds for suspension or revocation;
| 24 | | 7. Has refused or failed to submit to an examination | 25 | | provided for by
Section 6-207 or has failed to pass the | 26 | | examination;
|
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| 1 | | 8. Is ineligible for a driver's license or permit under | 2 | | the provisions
of Section 6-103;
| 3 | | 9. Has made a false statement or knowingly concealed a | 4 | | material fact
or has used false information or | 5 | | identification in any application for a
license, | 6 | | identification card, or permit;
| 7 | | 10. Has possessed, displayed, or attempted to | 8 | | fraudulently use any
license, identification card, or | 9 | | permit not issued to the person;
| 10 | | 11. Has operated a motor vehicle upon a highway of this | 11 | | State when
the person's driving privilege or privilege to | 12 | | obtain a driver's license
or permit was revoked or | 13 | | suspended unless the operation was authorized by
a | 14 | | monitoring device driving permit, judicial driving permit | 15 | | issued prior to January 1, 2009, probationary license to | 16 | | drive, or a restricted
driving permit issued under this | 17 | | Code;
| 18 | | 12. Has submitted to any portion of the application | 19 | | process for
another person or has obtained the services of | 20 | | another person to submit to
any portion of the application | 21 | | process for the purpose of obtaining a
license, | 22 | | identification card, or permit for some other person;
| 23 | | 13. Has operated a motor vehicle upon a highway of this | 24 | | State when
the person's driver's license or permit was | 25 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 26 | | 14. Has committed a violation of Section 6-301, |
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| 1 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | 2 | | 14B of the Illinois Identification Card
Act;
| 3 | | 15. Has been convicted of violating Section 21-2 of the | 4 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 5 | | to criminal trespass to vehicles in which case, the | 6 | | suspension
shall be for one year;
| 7 | | 16. Has been convicted of violating Section 11-204 of | 8 | | this Code relating
to fleeing from a peace officer;
| 9 | | 17. Has refused to submit to a test, or tests, as | 10 | | required under Section
11-501.1 of this Code and the person | 11 | | has not sought a hearing as
provided for in Section | 12 | | 11-501.1;
| 13 | | 18. Has, since issuance of a driver's license or | 14 | | permit, been adjudged
to be afflicted with or suffering | 15 | | from any mental disability or disease;
| 16 | | 19. Has committed a violation of paragraph (a) or (b) | 17 | | of Section 6-101
relating to driving without a driver's | 18 | | license;
| 19 | | 20. Has been convicted of violating Section 6-104 | 20 | | relating to
classification of driver's license;
| 21 | | 21. Has been convicted of violating Section 11-402 of
| 22 | | this Code relating to leaving the scene of an accident | 23 | | resulting in damage
to a vehicle in excess of $1,000, in | 24 | | which case the suspension shall be
for one year;
| 25 | | 22. Has used a motor vehicle in violating paragraph | 26 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
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| 1 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 2 | | relating
to unlawful use of weapons, in which case the | 3 | | suspension shall be for one
year;
| 4 | | 23. Has, as a driver, been convicted of committing a | 5 | | violation of
paragraph (a) of Section 11-502 of this Code | 6 | | for a second or subsequent
time within one year of a | 7 | | similar violation;
| 8 | | 24. Has been convicted by a court-martial or punished | 9 | | by non-judicial
punishment by military authorities of the | 10 | | United States at a military
installation in Illinois or in | 11 | | another state of or for a traffic related offense that is | 12 | | the
same as or similar to an offense specified under | 13 | | Section 6-205 or 6-206 of
this Code;
| 14 | | 25. Has permitted any form of identification to be used | 15 | | by another in
the application process in order to obtain or | 16 | | attempt to obtain a license,
identification card, or | 17 | | permit;
| 18 | | 26. Has altered or attempted to alter a license or has | 19 | | possessed an
altered license, identification card, or | 20 | | permit;
| 21 | | 27. Has violated Section 6-16 of the Liquor Control Act | 22 | | of 1934;
| 23 | | 28. Has been convicted for a first time of the illegal | 24 | | possession, while operating or
in actual physical control, | 25 | | as a driver, of a motor vehicle, of any
controlled | 26 | | substance prohibited under the Illinois Controlled |
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| 1 | | Substances
Act, any cannabis prohibited under the Cannabis | 2 | | Control
Act, or any methamphetamine prohibited under the | 3 | | Methamphetamine Control and Community Protection Act, in | 4 | | which case the person's driving privileges shall be | 5 | | suspended for
one year.
Any defendant found guilty of this | 6 | | offense while operating a motor vehicle,
shall have an | 7 | | entry made in the court record by the presiding judge that
| 8 | | this offense did occur while the defendant was operating a | 9 | | motor vehicle
and order the clerk of the court to report | 10 | | the violation to the Secretary
of State;
| 11 | | 29. Has been convicted of the following offenses that | 12 | | were committed
while the person was operating or in actual | 13 | | physical control, as a driver,
of a motor vehicle: criminal | 14 | | sexual assault,
predatory criminal sexual assault of a | 15 | | child,
aggravated criminal sexual
assault, criminal sexual | 16 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 17 | | soliciting for a juvenile prostitute, promoting juvenile | 18 | | prostitution as described in subdivision (a)(1), (a)(2), | 19 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 20 | | or the Criminal Code of 2012, and the manufacture, sale or
| 21 | | delivery of controlled substances or instruments used for | 22 | | illegal drug use
or abuse in which case the driver's | 23 | | driving privileges shall be suspended
for one year;
| 24 | | 30. Has been convicted a second or subsequent time for | 25 | | any
combination of the offenses named in paragraph 29 of | 26 | | this subsection,
in which case the person's driving |
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| 1 | | privileges shall be suspended for 5
years;
| 2 | | 31. Has refused to submit to a test as
required by | 3 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 4 | | Registration and Safety Act or has submitted to a test | 5 | | resulting in
an alcohol concentration of 0.08 or more or | 6 | | any amount of a drug, substance, or
compound resulting from | 7 | | the unlawful use or consumption of cannabis as listed
in | 8 | | the Cannabis Control Act, a controlled substance as listed | 9 | | in the Illinois
Controlled Substances Act, an intoxicating | 10 | | compound as listed in the Use of
Intoxicating Compounds | 11 | | Act, or methamphetamine as listed in the Methamphetamine | 12 | | Control and Community Protection Act, in which case the | 13 | | penalty shall be
as prescribed in Section 6-208.1;
| 14 | | 32. Has been convicted of Section 24-1.2 of the | 15 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 16 | | to the aggravated discharge of a firearm if the offender | 17 | | was
located in a motor vehicle at the time the firearm was | 18 | | discharged, in which
case the suspension shall be for 3 | 19 | | years;
| 20 | | 33. Has as a driver, who was less than 21 years of age | 21 | | on the date of
the offense, been convicted a first time of | 22 | | a violation of paragraph (a) of
Section 11-502 of this Code | 23 | | or a similar provision of a local ordinance;
| 24 | | 34. Has committed a violation of Section 11-1301.5 of | 25 | | this Code or a similar provision of a local ordinance;
| 26 | | 35. Has committed a violation of Section 11-1301.6 of |
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| 1 | | this Code or a similar provision of a local ordinance;
| 2 | | 36. Is under the age of 21 years at the time of arrest | 3 | | and has been
convicted of not less than 2 offenses against | 4 | | traffic regulations governing
the movement of vehicles | 5 | | committed within any 24 month period. No revocation
or | 6 | | suspension shall be entered more than 6 months after the | 7 | | date of last
conviction;
| 8 | | 37. Has committed a violation of subsection (c) of | 9 | | Section 11-907 of this
Code that resulted in damage to the | 10 | | property of another or the death or injury of another;
| 11 | | 38. Has been convicted of a violation of Section 6-20 | 12 | | of the Liquor
Control Act of 1934 or a similar provision of | 13 | | a local ordinance;
| 14 | | 39. Has committed a second or subsequent violation of | 15 | | Section
11-1201 of this Code;
| 16 | | 40. Has committed a violation of subsection (a-1) of | 17 | | Section 11-908 of
this Code; | 18 | | 41. Has committed a second or subsequent violation of | 19 | | Section 11-605.1 of this Code, a similar provision of a | 20 | | local ordinance, or a similar violation in any other state | 21 | | within 2 years of the date of the previous violation, in | 22 | | which case the suspension shall be for 90 days; | 23 | | 42. Has committed a violation of subsection (a-1) of | 24 | | Section 11-1301.3 of this Code or a similar provision of a | 25 | | local ordinance;
| 26 | | 43. Has received a disposition of court supervision for |
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| 1 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 2 | | of the Liquor
Control Act of 1934 or a similar provision of | 3 | | a local ordinance, in which case the suspension shall be | 4 | | for a period of 3 months;
| 5 | | 44.
Is under the age of 21 years at the time of arrest | 6 | | and has been convicted of an offense against traffic | 7 | | regulations governing the movement of vehicles after | 8 | | having previously had his or her driving privileges
| 9 | | suspended or revoked pursuant to subparagraph 36 of this | 10 | | Section; | 11 | | 45.
Has, in connection with or during the course of a | 12 | | formal hearing conducted under Section 2-118 of this Code: | 13 | | (i) committed perjury; (ii) submitted fraudulent or | 14 | | falsified documents; (iii) submitted documents that have | 15 | | been materially altered; or (iv) submitted, as his or her | 16 | | own, documents that were in fact prepared or composed for | 17 | | another person; | 18 | | 46. Has committed a violation of subsection (j) of | 19 | | Section 3-413 of this Code;
| 20 | | 47. Has committed a violation of Section 11-502.1 of | 21 | | this Code; or | 22 | | 48. Has submitted a falsified or altered medical | 23 | | examiner's certificate to the Secretary of State or | 24 | | provided false information to obtain a medical examiner's | 25 | | certificate. | 26 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
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| 1 | | and 27 of this
subsection, license means any driver's license, | 2 | | any traffic ticket issued when
the person's driver's license is | 3 | | deposited in lieu of bail, a suspension
notice issued by the | 4 | | Secretary of State, a duplicate or corrected driver's
license, | 5 | | a probationary driver's license or a temporary driver's | 6 | | license. | 7 | | (b) If any conviction forming the basis of a suspension or
| 8 | | revocation authorized under this Section is appealed, the
| 9 | | Secretary of State may rescind or withhold the entry of the | 10 | | order of suspension
or revocation, as the case may be, provided | 11 | | that a certified copy of a stay
order of a court is filed with | 12 | | the Secretary of State. If the conviction is
affirmed on | 13 | | appeal, the date of the conviction shall relate back to the | 14 | | time
the original judgment of conviction was entered and the 6 | 15 | | month limitation
prescribed shall not apply.
| 16 | | (c) 1. Upon suspending or revoking the driver's license or | 17 | | permit of
any person as authorized in this Section, the | 18 | | Secretary of State shall
immediately notify the person in | 19 | | writing of the revocation or suspension.
The notice to be | 20 | | deposited in the United States mail, postage prepaid,
to the | 21 | | last known address of the person.
| 22 | | 2. If the Secretary of State suspends the driver's license
| 23 | | of a person under subsection 2 of paragraph (a) of this | 24 | | Section, a
person's privilege to operate a vehicle as an | 25 | | occupation shall not be
suspended, provided an affidavit is | 26 | | properly completed, the appropriate fee
received, and a permit |
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| 1 | | issued prior to the effective date of the
suspension, unless 5 | 2 | | offenses were committed, at least 2 of which occurred
while | 3 | | operating a commercial vehicle in connection with the driver's
| 4 | | regular occupation. All other driving privileges shall be | 5 | | suspended by the
Secretary of State. Any driver prior to | 6 | | operating a vehicle for
occupational purposes only must submit | 7 | | the affidavit on forms to be
provided by the Secretary of State | 8 | | setting forth the facts of the person's
occupation. The | 9 | | affidavit shall also state the number of offenses
committed | 10 | | while operating a vehicle in connection with the driver's | 11 | | regular
occupation. The affidavit shall be accompanied by the | 12 | | driver's license.
Upon receipt of a properly completed | 13 | | affidavit, the Secretary of State
shall issue the driver a | 14 | | permit to operate a vehicle in connection with the
driver's | 15 | | regular occupation only. Unless the permit is issued by the
| 16 | | Secretary of State prior to the date of suspension, the | 17 | | privilege to drive
any motor vehicle shall be suspended as set | 18 | | forth in the notice that was
mailed under this Section. If an | 19 | | affidavit is received subsequent to the
effective date of this | 20 | | suspension, a permit may be issued for the remainder
of the | 21 | | suspension period.
| 22 | | The provisions of this subparagraph shall not apply to any | 23 | | driver
required to possess a CDL for the purpose of operating a | 24 | | commercial motor vehicle.
| 25 | | Any person who falsely states any fact in the affidavit | 26 | | required
herein shall be guilty of perjury under Section 6-302 |
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| 1 | | and upon conviction
thereof shall have all driving privileges | 2 | | revoked without further rights.
| 3 | | 3. At the conclusion of a hearing under Section 2-118 of | 4 | | this Code,
the Secretary of State shall either rescind or | 5 | | continue an order of
revocation or shall substitute an order of | 6 | | suspension; or, good
cause appearing therefor, rescind, | 7 | | continue, change, or extend the
order of suspension. If the | 8 | | Secretary of State does not rescind the order,
the Secretary | 9 | | may upon application,
to relieve undue hardship (as defined by | 10 | | the rules of the Secretary of State), issue
a restricted | 11 | | driving permit granting the privilege of driving a motor
| 12 | | vehicle between the petitioner's residence and petitioner's | 13 | | place of
employment or within the scope of the petitioner's | 14 | | employment related duties, or to
allow the petitioner to | 15 | | transport himself or herself, or a family member of the
| 16 | | petitioner's household to a medical facility, to receive | 17 | | necessary medical care, to allow the petitioner to transport | 18 | | himself or herself to and from alcohol or drug
remedial or | 19 | | rehabilitative activity recommended by a licensed service | 20 | | provider, or to allow the petitioner to transport himself or | 21 | | herself or a family member of the petitioner's household to | 22 | | classes, as a student, at an accredited educational | 23 | | institution, or to allow the petitioner to transport children, | 24 | | elderly persons, or persons with disabilities who do not hold | 25 | | driving privileges and are living in the petitioner's household | 26 | | to and from daycare. The
petitioner must demonstrate that no |
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| 1 | | alternative means of
transportation is reasonably available | 2 | | and that the petitioner will not endanger
the public safety or | 3 | | welfare.
| 4 | | (A) The Secretary of State shall require the use of | 5 | | ignition interlock devices on all vehicles owned by a | 6 | | person who has been convicted for a second or subsequent | 7 | | offense under Section 11-501 of this Code or a similar | 8 | | provision of a local ordinance or out-of-state offense, | 9 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 10 | | Code of 2012 in which the use of alcohol or other drugs is | 11 | | recited as an element of the offense or a similar | 12 | | out-of-state offense, or a combination of these offenses | 13 | | arising out of separate occurrences and the second or | 14 | | subsequent offense was committed before January 1, 2016. | 15 | | The Secretary of State shall require the use of an ignition | 16 | | interlock device for a period of not less than 5 years if | 17 | | If a person's license or permit is revoked or suspended due | 18 | | to 2
or more convictions of violating Section 11-501 of | 19 | | this Code or a similar
provision of a local ordinance or a | 20 | | similar out-of-state offense, or Section 9-3 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012, in | 22 | | which where the use of alcohol or other drugs is recited as | 23 | | an element of the offense, or a similar out-of-state | 24 | | offense, or a combination of these offenses, arising out
of | 25 | | separate occurrences and the second or subsequent offense | 26 | | was committed on or after January 1, 2016 , that person, if |
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| 1 | | that person is issued a restricted driving permit ,
may not | 2 | | operate a vehicle unless it has been equipped with an | 3 | | ignition
interlock device as defined in Section 1-129.1 .
| 4 | | (B) If a person's license or permit is revoked or | 5 | | suspended 2 or more
times due to any combination of: | 6 | | (i) a single conviction of violating Section
| 7 | | 11-501 of this Code or a similar provision of a local | 8 | | ordinance or a similar
out-of-state offense or Section | 9 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 10 | | of 2012, where the use of alcohol or other drugs is | 11 | | recited as an element of the offense, or a similar | 12 | | out-of-state offense; or | 13 | | (ii) a statutory summary suspension or revocation | 14 | | under Section
11-501.1; or | 15 | | (iii) a suspension under Section 6-203.1; | 16 | | arising out of
separate occurrences; that person, if issued | 17 | | a restricted driving permit, may
not operate a vehicle | 18 | | unless it has been
equipped with an ignition interlock | 19 | | device as defined in Section 1-129.1. | 20 | | (B-5) If a person's license or permit is revoked or | 21 | | suspended due to a conviction for a violation of | 22 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 23 | | of Section 11-501 of this Code, or a similar provision of a | 24 | | local ordinance or similar out-of-state offense, that | 25 | | 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 | | (C)
The person issued a permit conditioned upon 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 | | (D) 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. For any | 14 | | person who, within a 5-year period, is convicted of a | 15 | | second or subsequent offense under Section 11-501 of this | 16 | | Code, or a similar provision of a local ordinance or | 17 | | similar out-of-state offense, this employment exemption | 18 | | does not apply until either a one-year period has elapsed | 19 | | during which that person had his or her driving privileges | 20 | | revoked or a one-year period has elapsed during which that | 21 | | person had a restricted driving permit which required the | 22 | | use of an ignition interlock device on every motor vehicle | 23 | | owned or operated by that person. | 24 | | (E) In each case the Secretary may issue a
restricted | 25 | | driving permit for a period deemed appropriate, except that | 26 | | all
permits shall expire within one year from the date of |
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| 1 | | issuance. A
restricted driving permit issued under this | 2 | | Section shall be subject to
cancellation, revocation, and | 3 | | suspension by the Secretary of State in like
manner and for | 4 | | like cause as a driver's license issued under this Code may | 5 | | be
cancelled, revoked, or suspended; except that a | 6 | | conviction upon one or more
offenses against laws or | 7 | | ordinances regulating the movement of traffic
shall be | 8 | | deemed sufficient cause for the revocation, suspension, or
| 9 | | cancellation of a restricted driving permit. The Secretary | 10 | | of State may, as
a condition to the issuance of a | 11 | | restricted driving permit, require the
applicant to | 12 | | participate in a designated driver remedial or | 13 | | rehabilitative
program. The Secretary of State is | 14 | | authorized to cancel a restricted
driving permit if the | 15 | | permit holder does not successfully complete the program.
| 16 | | (F) A person subject to the provisions of paragraph 4 | 17 | | of subsection (b) of Section 6-208 of this Code may make | 18 | | application for a restricted driving permit at a hearing | 19 | | conducted under Section 2-118 of this Code after the | 20 | | expiration of 5 years from the effective date of the most | 21 | | recent revocation or after 5 years from the date of release | 22 | | from a period of imprisonment resulting from a conviction | 23 | | of the most recent offense, whichever is later, provided | 24 | | the person, in addition to all other requirements of the | 25 | | Secretary, shows by clear and convincing evidence: | 26 | | (i) a minimum of 3 years of uninterrupted |
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| 1 | | abstinence from alcohol and the unlawful use or | 2 | | consumption of cannabis under the Cannabis Control | 3 | | Act, a controlled substance under the Illinois | 4 | | Controlled Substances Act, an intoxicating compound | 5 | | under the Use of Intoxicating Compounds Act, or | 6 | | methamphetamine under the Methamphetamine Control and | 7 | | Community Protection Act; and | 8 | | (ii) the successful completion of any | 9 | | rehabilitative treatment and involvement in any | 10 | | ongoing rehabilitative activity that may be | 11 | | recommended by a properly licensed service provider | 12 | | according to an assessment of the person's alcohol or | 13 | | drug use under Section 11-501.01 of this Code. | 14 | | In determining whether an applicant is eligible for a | 15 | | restricted driving permit under this subparagraph (F), the | 16 | | Secretary may consider any relevant evidence, including, | 17 | | but not limited to, testimony, affidavits, records, and the | 18 | | results of regular alcohol or drug tests. Persons subject | 19 | | to the provisions of paragraph 4 of subsection (b) of | 20 | | Section 6-208 of this Code and who have been convicted of | 21 | | more than one violation of paragraph (3), paragraph (4), or | 22 | | paragraph (5) of subsection (a) of Section 11-501 of this | 23 | | Code shall not be eligible to apply for a restricted | 24 | | driving permit under this subparagraph (F). | 25 | | A restricted driving permit issued under this | 26 | | subparagraph (F) shall provide that the holder may only |
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| 1 | | operate motor vehicles equipped with an ignition interlock | 2 | | device as required under paragraph (2) of subsection (c) of | 3 | | Section 6-205 of this Code and subparagraph (A) of | 4 | | paragraph 3 of subsection (c) of this Section. The | 5 | | Secretary may revoke a restricted driving permit or amend | 6 | | the conditions of a restricted driving permit issued under | 7 | | this subparagraph (F) if the holder operates a vehicle that | 8 | | is not equipped with an ignition interlock device, or for | 9 | | any other reason authorized under this Code. | 10 | | A restricted driving permit issued under this | 11 | | subparagraph (F) shall be revoked, and the holder barred | 12 | | from applying for or being issued a restricted driving | 13 | | permit in the future, if the holder is convicted of a | 14 | | violation of Section 11-501 of this Code, a similar | 15 | | provision of a local ordinance, or a similar offense in | 16 | | another state. | 17 | | (c-3) In the case of a suspension under paragraph 43 of | 18 | | subsection (a), reports received by the Secretary of State | 19 | | under this Section shall, except during the actual time the | 20 | | suspension is in effect, be privileged information and for use | 21 | | only by the courts, police officers, prosecuting authorities, | 22 | | the driver licensing administrator of any other state, the | 23 | | Secretary of State, or the parent or legal guardian of a driver | 24 | | under the age of 18. However, beginning January 1, 2008, if the | 25 | | person is a CDL holder, the suspension shall also be made | 26 | | available to the driver licensing administrator of any other |
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| 1 | | state, the U.S. Department of Transportation, and the affected | 2 | | driver or motor
carrier or prospective motor carrier upon | 3 | | request.
| 4 | | (c-4) In the case of a suspension under paragraph 43 of | 5 | | subsection (a), the Secretary of State shall notify the person | 6 | | by mail that his or her driving privileges and driver's license | 7 | | will be suspended one month after the date of the mailing of | 8 | | the notice.
| 9 | | (c-5) The Secretary of State may, as a condition of the | 10 | | reissuance of a
driver's license or permit to an applicant | 11 | | whose driver's license or permit has
been suspended before he | 12 | | or she reached the age of 21 years pursuant to any of
the | 13 | | provisions of this Section, require the applicant to | 14 | | participate in a
driver remedial education course and be | 15 | | retested under Section 6-109 of this
Code.
| 16 | | (d) This Section is subject to the provisions of the | 17 | | Drivers License
Compact.
| 18 | | (e) The Secretary of State shall not issue a restricted | 19 | | driving permit to
a person under the age of 16 years whose | 20 | | driving privileges have been suspended
or revoked under any | 21 | | provisions of this Code.
| 22 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 23 | | State may not issue a restricted driving permit for the | 24 | | operation of a commercial motor vehicle to a person holding a | 25 | | CDL whose driving privileges have been suspended, revoked, | 26 | | cancelled, or disqualified under any provisions of this Code. |
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| 1 | | (Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726, | 2 | | eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; | 3 | | 99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; | 4 | | 99-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
| 5 | | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| 6 | | Sec. 6-208. Period of suspension - application after | 7 | | revocation.
| 8 | | (a) Except as otherwise provided by this Code or any other | 9 | | law of this
State, the Secretary of State shall not suspend a | 10 | | driver's license,
permit, or privilege to drive a motor vehicle | 11 | | on the highways for a
period of more than one year.
| 12 | | (b) Any person whose license, permit, or privilege to drive | 13 | | a motor
vehicle on the highways has been revoked shall not be | 14 | | entitled to have
such license, permit, or privilege renewed or | 15 | | restored. However, such
person may, except as provided under | 16 | | subsections (d) and (d-5) of Section 6-205, make
application | 17 | | for a license pursuant to Section 6-106 (i) if the revocation
| 18 | | was
for a cause that
has been removed or (ii) as provided in | 19 | | the following
subparagraphs:
| 20 | | 1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
| 21 | | 4, and 5,
the person may make application for a license (A) | 22 | | after the expiration of one
year from the effective date of | 23 | | the revocation, (B) in the case of a violation of paragraph | 24 | | (b) of Section 11-401 of this
Code or a similar provision | 25 | | of a local ordinance, after the expiration of 3
years from |
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| 1 | | the effective date of the revocation, or
(C) in the case of | 2 | | a violation
of Section 9-3 of the Criminal Code of 1961 or | 3 | | the Criminal Code of 2012 or a similar provision of a law | 4 | | of another state relating to the offense of reckless
| 5 | | homicide or a violation of subparagraph (F) of paragraph 1 | 6 | | of subsection (d) of Section 11-501 of this Code relating | 7 | | to aggravated driving under the influence of alcohol, other | 8 | | drug or drugs, intoxicating compound or compounds, or any | 9 | | combination thereof, if the violation was the proximate | 10 | | cause of a death, after the expiration of 2 years from the | 11 | | effective date of the
revocation
or after the expiration of | 12 | | 24 months from the date of release from
a
period of | 13 | | imprisonment as provided in Section
6-103 of this Code, | 14 | | whichever is later.
| 15 | | 1.3. If the person is convicted of a second or | 16 | | subsequent violation of Section 11-501 of this Code or a | 17 | | similar provision of a local ordinance or a similar | 18 | | out-of-state offense, or Section 9-3 of the Criminal Code | 19 | | of 1961 or the Criminal Code of 2012, in which the use of | 20 | | alcohol or other drugs is recited as an element of the | 21 | | offense, or a similar out-of-state offense, or a | 22 | | combination of these offenses, arising out of separate | 23 | | occurrences and the second or subsequent offense was | 24 | | committed on or after January 1, 2016 , that person may not | 25 | | make application for a driver's license until: | 26 | | (A) the person has first been issued a restricted |
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| 1 | | driving permit by the Secretary of State; and | 2 | | (B) the expiration of a continuous period of not | 3 | | less than 5 years following the issuance of the | 4 | | restricted driving permit during which the person's | 5 | | restricted driving permit is not suspended, cancelled, | 6 | | or revoked for a violation of any provision of law, or | 7 | | any rule or regulation of the Secretary of State | 8 | | relating to the required use of an ignition interlock | 9 | | device. | 10 | | 1.5. If the person is convicted of a violation of | 11 | | Section 6-303 of this Code committed while his or her | 12 | | driver's license, permit, or privilege was revoked because | 13 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 14 | | or the Criminal Code of 2012, relating to the offense of | 15 | | reckless homicide, or a similar provision of a law of | 16 | | another state, the person may not make application for a | 17 | | license or permit until the expiration of 3 years from the | 18 | | date of the conviction.
| 19 | | 2. If such person is convicted of committing a second | 20 | | violation within a 20-year
period of:
| 21 | | (A) Section 11-501 of this Code or a similar | 22 | | provision of a local
ordinance;
| 23 | | (B) Paragraph (b) of Section 11-401 of this Code or | 24 | | a similar
provision
of a local ordinance;
| 25 | | (C) Section 9-3 of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, relating
to the
offense of |
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| 1 | | reckless homicide; or
| 2 | | (D) any combination of the above offenses | 3 | | committed at different
instances;
| 4 | | then such person may not make application for a license | 5 | | until after
the expiration of 5 years from the effective | 6 | | date of the most recent
revocation. The 20-year
period | 7 | | shall be computed by using the dates the
offenses were | 8 | | committed and shall also include similar out-of-state
| 9 | | offenses and similar offenses committed on a military | 10 | | installation.
| 11 | | 2.5. If a person is convicted of a second violation of | 12 | | Section 6-303 of this Code committed while the person's | 13 | | driver's license, permit, or privilege was revoked because | 14 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 15 | | or the Criminal Code of 2012, relating to the offense of | 16 | | reckless homicide, or a similar provision of a law of | 17 | | another state, the person may not make application for a | 18 | | license or permit until the expiration of 5 years from the | 19 | | date of release from a term of imprisonment. | 20 | | 3. However, except as provided in subparagraph 4, if | 21 | | such person is
convicted of committing a third violation or | 22 | | any combination of the above offenses, including
similar | 23 | | out-of-state offenses and similar offenses committed on a | 24 | | military installation, contained in subparagraph 2, then | 25 | | such person
may not make application for a license until | 26 | | after the expiration of 10 years
from the effective date of |
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| 1 | | the most recent revocation.
| 2 | | 4. Except as provided in paragraph (1.5) of subsection | 3 | | (c) of Section 6-205 and subparagraph (F) of paragraph 3 of | 4 | | subsection (c) of Section 6-206 of this Code, the person | 5 | | may not make application for a license if the person is
| 6 | | convicted of committing a fourth or subsequent
violation of | 7 | | Section 11-501 of this Code or a similar provision of a | 8 | | local
ordinance, Section 11-401 of this Code, Section 9-3 | 9 | | of the
Criminal Code of 1961 or the Criminal Code of 2012, | 10 | | or
a combination of these offenses,
similar provisions of | 11 | | local ordinances,
similar out-of-state offenses, or | 12 | | similar offenses committed on a military installation.
| 13 | | 4.5. A bona fide resident of a foreign jurisdiction who | 14 | | is subject to the provisions of subparagraph 4 of this | 15 | | subsection (b) may make application for termination of the | 16 | | revocation after a period of 10 years from the effective | 17 | | date of the most recent revocation. However, if a person | 18 | | who has been granted a termination of revocation under this | 19 | | subparagraph 4.5 subsequently becomes a resident of this | 20 | | State, the revocation shall be reinstated and the person | 21 | | shall be subject to the provisions of subparagraph 4. | 22 | | 5. The person may not make application for a license or | 23 | | permit if the person is convicted of a third or subsequent | 24 | | violation of Section 6-303 of this Code committed while his | 25 | | or her driver's license, permit, or privilege was revoked | 26 | | because of a violation of Section 9-3 of the Criminal Code |
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| 1 | | of 1961 or the Criminal Code of 2012, relating to the | 2 | | offense of reckless homicide, or a similar provision of a | 3 | | law of another state.
| 4 | | Notwithstanding any other provision of this Code, all | 5 | | persons referred to
in this paragraph (b) may not have their | 6 | | privileges restored until the
Secretary receives payment of the | 7 | | required reinstatement fee pursuant to
subsection (b) of | 8 | | Section 6-118.
| 9 | | In no event shall the Secretary issue such license
unless | 10 | | and until such person has had a hearing pursuant to this Code | 11 | | and
the appropriate administrative rules and the Secretary is
| 12 | | satisfied, after a review or investigation of such person, that
| 13 | | to grant the privilege of driving a motor vehicle on the | 14 | | highways will
not endanger the public safety or welfare.
| 15 | | (c) (Blank).
| 16 | | (Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-642, | 17 | | eff. 7-28-16.)
| 18 | | (625 ILCS 5/11-501.01)
| 19 | | Sec. 11-501.01. Additional administrative sanctions. | 20 | | (a) After a finding of guilt and prior to any final | 21 | | sentencing or an order for supervision, for an offense based | 22 | | upon an arrest for a violation of Section 11-501 or a similar | 23 | | provision of a local ordinance, individuals shall be required | 24 | | to undergo a professional evaluation to determine if an | 25 | | alcohol, drug, or intoxicating compound abuse problem exists |
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| 1 | | and the extent of the problem, and undergo the imposition of | 2 | | treatment as appropriate. Programs conducting these | 3 | | evaluations shall be licensed by the Department of Human | 4 | | Services. The cost of any professional evaluation shall be paid | 5 | | for by the individual required to undergo the professional | 6 | | evaluation. | 7 | | (b) Any person who is found guilty of or pleads guilty to | 8 | | violating Section 11-501, including any person receiving a | 9 | | disposition of court supervision for violating that Section, | 10 | | may be required by the Court to attend a victim impact panel | 11 | | offered by, or under contract with, a county State's Attorney's | 12 | | office, a probation and court services department, Mothers | 13 | | Against Drunk Driving, or the Alliance Against Intoxicated | 14 | | Motorists. All costs generated by the victim impact panel shall | 15 | | be paid from fees collected from the offender or as may be | 16 | | determined by the court. | 17 | | (c) Every person found guilty of violating Section 11-501, | 18 | | whose operation of a motor vehicle while in violation of that | 19 | | Section proximately caused any incident resulting in an | 20 | | appropriate emergency response, shall be liable for the expense | 21 | | of an emergency response as provided in subsection (i) of this | 22 | | Section. | 23 | | (d) The Secretary of State shall revoke the driving | 24 | | privileges of any person convicted under Section 11-501 or a | 25 | | similar provision of a local ordinance. | 26 | | (e) The Secretary of State shall require the use of |
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| 1 | | ignition interlock devices on all vehicles owned by a person | 2 | | who has been convicted for a second or subsequent offense under | 3 | | Section 11-501 of this Code or a similar provision of a local | 4 | | ordinance or out-of-state offense, Section 9-3 of the Criminal | 5 | | Code of 1961 or the Criminal Code of 2012 in which the use of | 6 | | alcohol or other drugs is recited as an element of the offense | 7 | | or a similar out-of-state offense, or a combination of these | 8 | | offenses arising out of separate occurrences and the second or | 9 | | subsequent offense was committed before January 1, 2016. The | 10 | | Secretary of State shall require the use of ignition interlock | 11 | | devices for a period not less than 5 years on all vehicles | 12 | | owned by a person who has been convicted for of a second or | 13 | | subsequent offense of Section 11-501 or a similar provision of | 14 | | a local ordinance or out-of-state offense, Section 9-3 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012 in which the | 16 | | use of alcohol or other drugs is recited as an element of the | 17 | | offense or a similar out-of-state offense, or a combination of | 18 | | these offenses arising out of separate occurrences and the | 19 | | second or subsequent offense was committed on or after January | 20 | | 1, 2016 . A person required to use an ignition interlock device | 21 | | under this subsection (e) The person must pay to the Secretary | 22 | | of State DUI Administration Fund an amount not to exceed $30 | 23 | | for each month that he or she uses the device. The Secretary | 24 | | shall establish by rule and regulation the procedures for | 25 | | certification and use of the interlock system, the amount of | 26 | | the fee, and the procedures, terms, and conditions relating to |
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| 1 | | these fees. During the time period in which a person is | 2 | | required to install an ignition interlock device under this | 3 | | subsection (e), that person shall only operate vehicles in | 4 | | which ignition interlock devices have been installed, except as | 5 | | allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of | 6 | | this Code. | 7 | | (f) In addition to any other penalties and liabilities, a | 8 | | person who is found guilty of or pleads guilty to violating | 9 | | Section 11-501, including any person placed on court | 10 | | supervision for violating Section 11-501, shall be assessed | 11 | | $750, payable to the circuit clerk, who shall distribute the | 12 | | money as follows: $350 to the law enforcement agency that made | 13 | | the arrest, and $400 shall be forwarded to the State Treasurer | 14 | | for deposit into the General Revenue Fund. If the person has | 15 | | been previously convicted of violating Section 11-501 or a | 16 | | similar provision of a local ordinance, the fine shall be | 17 | | $1,000, and the circuit clerk shall distribute
$200 to the law | 18 | | enforcement agency that
made the arrest and $800 to the State
| 19 | | Treasurer for deposit into the General Revenue Fund. In the | 20 | | event that more than one agency is responsible for the arrest, | 21 | | the amount payable to law enforcement agencies shall be shared | 22 | | equally. Any moneys received by a law enforcement agency under | 23 | | this subsection (f) shall be used for enforcement and | 24 | | prevention of driving while under the influence of alcohol, | 25 | | other drug or drugs, intoxicating compound or compounds or any | 26 | | combination thereof, as defined by Section 11-501 of this Code, |
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| 1 | | including but not limited to the purchase of law enforcement | 2 | | equipment and commodities that will assist in the prevention of | 3 | | alcohol related criminal violence throughout the State; police | 4 | | officer training and education in areas related to alcohol | 5 | | related crime, including but not limited to DUI training; and | 6 | | police officer salaries, including but not limited to salaries | 7 | | for hire back funding for safety checkpoints, saturation | 8 | | patrols, and liquor store sting operations. Any moneys received | 9 | | by the Department of State Police under this subsection (f) | 10 | | shall be deposited into the State Police DUI Fund and shall be | 11 | | used to purchase law enforcement equipment that will assist in | 12 | | the prevention of alcohol related criminal violence throughout | 13 | | the State. | 14 | | (g) The Secretary of State Police DUI Fund is created as a | 15 | | special fund in the State treasury. All moneys received by the | 16 | | Secretary of State Police under subsection (f) of this Section | 17 | | shall be deposited into the Secretary of State Police DUI Fund | 18 | | and, subject to appropriation, shall be used for enforcement | 19 | | and prevention of driving while under the influence of alcohol, | 20 | | other drug or drugs, intoxicating compound or compounds or any | 21 | | combination thereof, as defined by Section 11-501 of this Code, | 22 | | including but not limited to the purchase of law enforcement | 23 | | equipment and commodities to assist in the prevention of | 24 | | alcohol related criminal violence throughout the State; police | 25 | | officer training and education in areas related to alcohol | 26 | | related crime, including but not limited to DUI training; and |
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| 1 | | police officer salaries, including but not limited to salaries | 2 | | for hire back funding for safety checkpoints, saturation | 3 | | patrols, and liquor store sting operations. | 4 | | (h) Whenever an individual is sentenced for an offense | 5 | | based upon an arrest for a violation of Section 11-501 or a | 6 | | similar provision of a local ordinance, and the professional | 7 | | evaluation recommends remedial or rehabilitative treatment or | 8 | | education, neither the treatment nor the education shall be the | 9 | | sole disposition and either or both may be imposed only in | 10 | | conjunction with another disposition. The court shall monitor | 11 | | compliance with any remedial education or treatment | 12 | | recommendations contained in the professional evaluation. | 13 | | Programs conducting alcohol or other drug evaluation or | 14 | | remedial education must be licensed by the Department of Human | 15 | | Services. If the individual is not a resident of Illinois, | 16 | | however, the court may accept an alcohol or other drug | 17 | | evaluation or remedial education program in the individual's | 18 | | state of residence. Programs providing treatment must be | 19 | | licensed under existing applicable alcoholism and drug | 20 | | treatment licensure standards. | 21 | | (i) In addition to any other fine or penalty required by | 22 | | law, an individual convicted of a violation of Section 11-501, | 23 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 24 | | Section 5-16 of the Boat Registration and Safety Act, or a | 25 | | similar provision, whose operation of a motor vehicle, | 26 | | snowmobile, or watercraft while in violation of Section 11-501, |
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| 1 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 2 | | Section 5-16 of the Boat Registration and Safety Act, or a | 3 | | similar provision proximately caused an incident resulting in | 4 | | an appropriate emergency response, shall be required to make | 5 | | restitution to a public agency for the costs of that emergency | 6 | | response. The restitution may not exceed $1,000 per public | 7 | | agency for each emergency response. As used in this subsection | 8 | | (i), "emergency response" means any incident requiring a | 9 | | response by a police officer, a firefighter carried on the | 10 | | rolls of a regularly constituted fire department, or an | 11 | | ambulance. With respect to funds designated for the Department | 12 | | of State Police, the moneys shall be remitted by the circuit | 13 | | court clerk to the State Police within one month after receipt | 14 | | for deposit into the State Police DUI Fund. With respect to | 15 | | funds designated for the Department of Natural Resources, the | 16 | | Department of Natural Resources shall deposit the moneys into | 17 | | the Conservation Police Operations Assistance Fund.
| 18 | | (j) A person that is subject to a chemical test or tests of | 19 | | blood under subsection (a) of Section 11-501.1 or subdivision | 20 | | (c)(2) of Section 11-501.2 of this Code, whether or not that | 21 | | person consents to testing, shall be liable for the expense up | 22 | | to $500 for blood withdrawal by a physician authorized to | 23 | | practice medicine, a licensed physician assistant, a licensed | 24 | | advanced practice nurse, a registered nurse, a trained | 25 | | phlebotomist, a licensed paramedic, or a qualified person other | 26 | | than a police officer approved by the Department of State |
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| 1 | | Police to withdraw blood, who responds, whether at a law | 2 | | enforcement facility or a health care facility, to a police | 3 | | department request for the drawing of blood based upon refusal | 4 | | of the person to submit to a lawfully requested breath test or | 5 | | probable cause exists to believe the test would disclose the | 6 | | ingestion, consumption, or use of drugs or intoxicating | 7 | | compounds if: | 8 | | (1) the person is found guilty of violating Section | 9 | | 11-501 of this Code or a similar provision of a local | 10 | | ordinance; or | 11 | | (2) the person pleads guilty to or stipulates to facts | 12 | | supporting a violation of Section 11-503 of this Code or a | 13 | | similar provision of a local ordinance when the plea or | 14 | | stipulation was the result of a plea agreement in which the | 15 | | person was originally charged with violating Section | 16 | | 11-501 of this Code or a similar local ordinance. | 17 | | (Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13; | 18 | | 98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; | 19 | | 99-642, eff. 7-28-16.)".
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