Full Text of HB0396 94th General Assembly
HB0396enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-206.1 as follows:
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| (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
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| Sec. 6-206.1. Judicial Driving Permit. Declaration of | 8 |
| Policy. It is hereby declared a policy of the
State of Illinois | 9 |
| that the driver who is impaired by alcohol, other drug or
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| drugs, or intoxicating compound or compounds is a
threat to the | 11 |
| public safety and welfare. Therefore, to
provide a deterrent to | 12 |
| such practice and to remove problem drivers from
the highway, a | 13 |
| statutory summary driver's license suspension is appropriate.
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| It is also recognized that driving is a privilege and | 15 |
| therefore, that in some
cases the granting of limited driving | 16 |
| privileges, where consistent with public
safety, is warranted | 17 |
| during the period of suspension in the form of a judicial
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| driving permit to drive for the purpose of employment, | 19 |
| receiving drug treatment
or medical care, and educational | 20 |
| pursuits, where no alternative means of
transportation is | 21 |
| available.
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| The following procedures shall apply whenever
a first | 23 |
| offender is arrested for any offense as defined in Section | 24 |
| 11-501
or a similar provision of a local ordinance:
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| (a) Subsequent to a notification of a statutory summary | 26 |
| suspension of
driving privileges as provided in Section | 27 |
| 11-501.1, the first offender as
defined in Section 11-500 may | 28 |
| petition the circuit court of venue for a
Judicial Driving | 29 |
| Permit, hereinafter referred as a JDP, to relieve undue
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| hardship. The court may issue a court order, pursuant to the | 31 |
| criteria
contained in this Section, directing the Secretary of | 32 |
| State to issue such
a JDP to the petitioner. A JDP shall not |
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| become effective prior to the 31st
day of the original | 2 |
| statutory summary suspension and shall always be
subject to the | 3 |
| following criteria:
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| 1. If ordered for the purposes of employment, the JDP | 5 |
| shall be only for
the purpose of providing the petitioner | 6 |
| the privilege of driving a motor
vehicle between the | 7 |
| petitioner's residence and the petitioner's place of
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| employment and return; or within the scope of the | 9 |
| petitioner's employment
related duties, shall be effective | 10 |
| only during and limited to
those specific times and routes | 11 |
| actually
required to commute or perform the petitioner's | 12 |
| employment related duties.
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| 2. The court, by a court order, may also direct the | 14 |
| Secretary
of State to issue a JDP to allow transportation | 15 |
| for the petitioner,
or a household member of the | 16 |
| petitioner's family, to receive alcohol, drug, or | 17 |
| intoxicating compound treatment or medical care, if the
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| petitioner is able to
demonstrate that no alternative means | 19 |
| of transportation is reasonably
available. Such JDP shall | 20 |
| be effective only during the specific
times actually | 21 |
| required to commute.
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| 3. The court, by a court order, may also direct the | 23 |
| Secretary of State
to issue a JDP to allow transportation | 24 |
| by the petitioner for educational
purposes upon | 25 |
| demonstrating that there are no alternative means of
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| transportation reasonably available to accomplish those | 27 |
| educational
purposes. Such JDP shall be only for the | 28 |
| purpose of providing
transportation to and from the | 29 |
| petitioner's residence and the petitioner's
place of | 30 |
| educational activity, and only during the specific times | 31 |
| and
routes actually required to commute or perform the | 32 |
| petitioner's educational
requirement.
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| 4. The Court shall not issue an order granting a JDP | 34 |
| to:
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| (i) Any person unless and until the court, after
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| considering the results of a current professional |
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| evaluation of the person's
alcohol or other drug use by | 2 |
| an agency pursuant to Section 15-10 of the
Alcoholism | 3 |
| and Other Drug Abuse and
Dependency Act and other | 4 |
| appropriate investigation of the
person, is satisfied | 5 |
| that granting the privilege of
driving a motor vehicle | 6 |
| on the highways will not endanger the public safety or
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| welfare.
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| (ii) Any person who has been convicted of reckless | 9 |
| homicide within
the previous 5 years.
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| (iii) Any person whose privilege to operate a motor | 11 |
| vehicle
was invalid at the time of arrest for the | 12 |
| current violation of Section 11-501,
or a similar | 13 |
| provision of a local ordinance, except in cases where | 14 |
| the cause
for a driver's license suspension has been | 15 |
| removed at the time a JDP is
effective. In any case, | 16 |
| should the Secretary of State enter a suspension or
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| revocation of driving privileges pursuant to the | 18 |
| provisions of this Code
while the JDP is in effect or | 19 |
| pending, the Secretary shall take the
prescribed | 20 |
| action and provide a notice to the person and the court | 21 |
| ordering
the issuance of the JDP that all driving | 22 |
| privileges, including those provided
by the issuance | 23 |
| of the JDP, have been withdrawn.
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| (iv) Any person under the age of 18 years.
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| (b) Prior to ordering the issuance of a JDP the Court | 26 |
| should consider at
least, but not be limited to, the following | 27 |
| issues:
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| 1. Whether the person is employed and no other means of | 29 |
| commuting to the
place of employment is available or that | 30 |
| the person must drive as a
condition of employment. The | 31 |
| employer shall certify the hours of
employment and the need | 32 |
| and parameters necessary for driving as a
condition to | 33 |
| employment.
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| 2. Whether the person must drive to secure alcohol or | 35 |
| other medical
treatment for himself or a family member.
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| 3. Whether the person must drive for educational |
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| purposes. The
educational institution shall certify the | 2 |
| person's enrollment in and
academic schedule at the | 3 |
| institution.
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| 4. Whether the person has been repeatedly convicted of | 5 |
| traffic
violations or involved in motor vehicle accidents | 6 |
| to a degree which
indicates disrespect for public safety.
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| 5. Whether the person has been convicted of a traffic | 8 |
| violation in
connection with a traffic accident resulting | 9 |
| in the death of any person
within the last 5 years.
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| 6. Whether the person is likely to obey the limited | 11 |
| provisions of the
JDP.
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| 7. Whether the person has any additional traffic | 13 |
| violations pending
in any court.
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| For purposes of this Section, programs conducting | 15 |
| professional
evaluations of a person's alcohol, other drug, or | 16 |
| intoxicating
compound use must report, to the
court of venue, | 17 |
| using a form prescribed by the Secretary of State. A copy
of | 18 |
| such evaluations shall be sent to the Secretary of State by the | 19 |
| court.
However, the evaluation information shall be privileged | 20 |
| and only available
to courts and to the Secretary of State, but | 21 |
| shall not be admissible in the
subsequent trial on the | 22 |
| underlying charge.
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| (c) The scope of any court order issued for a JDP under | 24 |
| this Section
shall be limited to
the operation of a motor | 25 |
| vehicle as provided for in subsection (a) of
this Section and | 26 |
| shall specify the petitioner's residence, place of
employment | 27 |
| or location of educational institution, and the scope of job
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| related duties, if relevant. The JDP shall also specify days of | 29 |
| the week
and specific hours
of the day when the petitioner is | 30 |
| able to exercise the limited privilege of
operating a motor | 31 |
| vehicle.
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| (c-1) If the petitioner is issued a citation for a | 33 |
| violation of Section 6-303 during the period of a statutory | 34 |
| summary suspension entered under Section 11-501.1 of this Code, | 35 |
| or if the petitioner is charged with a violation of Section | 36 |
| 11-501 or a similar provision of a local ordinance or a similar |
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| out of state offense which occurs after the current violation | 2 |
| of Section 11-501 or a similar provision of a local ordinance, | 3 |
| the court may not grant the petitioner a JDP unless the | 4 |
| petitioner is acquitted or the citation or complaint is | 5 |
| otherwise dismissed. | 6 |
| If the petitioner is issued a citation for a violation of | 7 |
| Section 6-303 or a violation of Section 11-501 or a similar | 8 |
| provision of a local ordinance or a similar out of state | 9 |
| offense during the term of the JDP, the officer issuing the | 10 |
| citation, or the law enforcement agency employing that officer, | 11 |
| shall confiscate the JDP and immediately send the JDP and | 12 |
| notice of the citation to the court that ordered the issuance | 13 |
| of the JDP. Within 10 days of receipt, the issuing court, upon | 14 |
| notice to the petitioner, shall conduct a hearing to consider | 15 |
| cancellation of the JDP. If the court enters an order of | 16 |
| cancellation, the court shall forward the order to the | 17 |
| Secretary of State, and the Secretary shall cancel the JDP and | 18 |
| notify the petitioner of the cancellation. If, however, the | 19 |
| petitioner is convicted of the offense before the JDP has been | 20 |
| cancelled, the court of venue shall send notice of conviction | 21 |
| to the court that ordered issuance of the JDP. The court | 22 |
| receiving the notice shall immediately enter an order of | 23 |
| cancellation and forward the order to the Secretary of State. | 24 |
| The Secretary shall cancel the JDP and notify the petitioner of | 25 |
| the cancellation. | 26 |
| If the petitioner is issued a citation for any other | 27 |
| traffic related offense during the term of the JDP, the officer | 28 |
| issuing the citation, or the law enforcement agency employing | 29 |
| that officer, shall send notice of the citation to the court | 30 |
| that ordered issuance of the JDP. Upon receipt and notice to | 31 |
| the petitioner and an opportunity for a hearing, the court | 32 |
| shall determine whether the violation constitutes grounds for | 33 |
| cancellation of the JDP. If the court enters an order of | 34 |
| cancellation, the court shall forward the order to the | 35 |
| Secretary of State, and the Secretary shall cancel the JDP and | 36 |
| shall notify the petitioner of the cancellation.
If the |
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| Petitioner, who has been granted a JDP, is issued a citation | 2 |
| for a
traffic related offense, including operating a motor | 3 |
| vehicle outside the
limitations prescribed in the JDP or a | 4 |
| violation of Section 6-303, or is
convicted of any such an | 5 |
| offense during the term
of the JDP, the court shall consider | 6 |
| cancellation of the limited driving
permit. In any case, if the | 7 |
| Petitioner commits an offense, as defined in
Section 11-501, or | 8 |
| a similar provision of a local ordinance, as evidenced
by the | 9 |
| issuance of a Uniform Traffic Ticket, the JDP shall be | 10 |
| forwarded by
the court of venue to the court ordering the | 11 |
| issuance of the JDP, for
cancellation. The court shall notify | 12 |
| the Secretary of State of any
such cancellation.
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| (d) The Secretary of State shall, upon receiving a court | 14 |
| order
from the court of venue, issue a JDP to a successful | 15 |
| Petitioner under this
Section. Such court order form shall also | 16 |
| contain a notification, which
shall be sent to the Secretary of | 17 |
| State, providing the name, driver's
license number and legal | 18 |
| address of the successful petitioner, and the full
and detailed | 19 |
| description of the limitations of the JDP. This information
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| shall be available only to the courts, police officers, and the | 21 |
| Secretary
of State, except during the actual period the JDP is | 22 |
| valid, during which
time it shall be a public record. The | 23 |
| Secretary of State shall design and
furnish to the courts an | 24 |
| official court order form to be used by the courts
when | 25 |
| directing the Secretary of State to issue a JDP.
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| Any submitted court order that contains insufficient data | 27 |
| or fails to
comply with this Code shall not be utilized for JDP | 28 |
| issuance or entered to
the driver record but shall be returned | 29 |
| to the issuing court indicating why
the JDP cannot be so | 30 |
| entered. A notice of this action shall also be sent
to the JDP | 31 |
| petitioner by the Secretary of State.
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| (e) The circuit court of venue may conduct the judicial | 33 |
| hearing, as
provided in Section 2-118.1, and the JDP hearing | 34 |
| provided in this Section,
concurrently. Such concurrent | 35 |
| hearing shall proceed in the court in the
same manner as in | 36 |
| other civil proceedings.
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| (f) The circuit court of venue may, as a condition of the | 2 |
| issuance of
a JDP, prohibit the person from operating a motor | 3 |
| vehicle not equipped with an
ignition interlock device.
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| (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99; 91-127, | 5 |
| eff.
1-1-00.)
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