Full Text of HB4920 93rd General Assembly
HB4920eng 93RD GENERAL ASSEMBLY
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HB4920 Engrossed |
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LRB093 16211 DRH 41844 b |
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| AN ACT concerning vehicles.
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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 |
| Sections 6-201 and 6-207 as follows:
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| (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
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| Sec. 6-201. Authority to cancel licenses and permits.
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| (a) The Secretary of State is authorized to cancel any | 9 |
| license or permit
upon determining that the holder thereof:
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| 1. was not entitled to the issuance thereof hereunder; | 11 |
| or
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| 2. failed to give the required or correct information | 13 |
| in his
application; or
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| 3. failed to pay any fees, civil penalties owed to the | 15 |
| Illinois Commerce
Commission, or taxes due under this Act | 16 |
| and upon reasonable notice and demand;
or
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| 4. committed any fraud in the making of such | 18 |
| application; or
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| 5. is ineligible therefor under the provisions of | 20 |
| Section 6-103 of this
Act, as amended; or
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| 6. has refused or neglected to submit an alcohol, drug, | 22 |
| and
intoxicating compound evaluation or to
submit to | 23 |
| examination or re-examination as required under this Act; | 24 |
| or
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| 7. has been convicted of violating the Cannabis Control | 26 |
| Act,
the
Illinois Controlled Substances Act, or the Use of | 27 |
| Intoxicating Compounds
Act while that individual was in | 28 |
| actual physical
control of a motor vehicle. For purposes of | 29 |
| this Section, any person placed on
probation under Section | 30 |
| 10 of the Cannabis Control Act or Section 410 of the
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| Illinois Controlled Substances Act shall not be considered | 32 |
| convicted. Any
person found guilty of this offense, while |
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| in actual physical control of a
motor vehicle, shall have | 2 |
| an entry made in the court record by the
judge that this | 3 |
| offense did occur while the person was in actual
physical | 4 |
| control of a motor vehicle and order the clerk of the court | 5 |
| to report
the violation to the Secretary of State as such. | 6 |
| After the cancellation, the
Secretary of State shall not | 7 |
| issue a new license or permit for a period of one
year | 8 |
| after the date of cancellation. However, upon application, | 9 |
| the Secretary
of State may, if satisfied that the person | 10 |
| applying will not endanger the
public safety, or welfare, | 11 |
| issue a restricted driving permit granting the
privilege of | 12 |
| driving a motor vehicle between the person's residence and
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| person's place of employment or within the scope of the | 14 |
| person's employment
related duties, or to allow | 15 |
| transportation for
the person or a household member of the | 16 |
| person's family for the receipt of
necessary medical care | 17 |
| or, if the professional evaluation indicates,
provide | 18 |
| transportation for the petitioner for alcohol remedial or
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| rehabilitative activity, or for the person to attend | 20 |
| classes, as a student,
in an accredited educational | 21 |
| institution; if the person is able to
demonstrate that no | 22 |
| alternative means of transportation is reasonably
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| available; provided that the Secretary's discretion shall | 24 |
| be limited to
cases where undue hardship would result from | 25 |
| a failure to issue such
restricted driving permit. In each | 26 |
| case the Secretary of State may issue
such restricted | 27 |
| driving permit for such period as he deems appropriate,
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| except that such permit shall expire within one year from | 29 |
| the date of
issuance. A restricted driving permit issued | 30 |
| hereunder shall be subject to
cancellation, revocation and | 31 |
| suspension by the Secretary of State in like
manner and for | 32 |
| like cause as a driver's license issued hereunder may be
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| cancelled, revoked or suspended; except that a conviction | 34 |
| upon one or more
offenses against laws or ordinances | 35 |
| regulating the movement of traffic
shall be deemed | 36 |
| sufficient cause for the revocation, suspension or
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| cancellation of a restricted driving permit. The Secretary | 2 |
| of State may,
as a condition to the issuance of a | 3 |
| restricted driving permit, require the
applicant to | 4 |
| participate in a driver remedial or rehabilitative
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| program; or
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| 8. failed to submit a report as required by Section | 7 |
| 6-116.5 of this
Code ; or . | 8 |
| 9. has refused or failed to submit to an examination | 9 |
| provided for by Section 6-207 or has failed to pass the | 10 |
| examination.
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| (b) Upon such cancellation the licensee or permittee must | 12 |
| surrender the
license or permit so cancelled to the Secretary | 13 |
| of State.
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| (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 15 |
| Secretary of State
shall have exclusive authority to grant, | 16 |
| issue, deny, cancel, suspend and
revoke driving privileges, | 17 |
| drivers' licenses and restricted driving permits.
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| (Source: P.A. 89-92, eff. 7-1-96;
89-584, eff. 7-31-96; 90-779, | 19 |
| eff. 1-1-99.)
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| (625 ILCS 5/6-207) (from Ch. 95 1/2, par. 6-207)
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| Sec. 6-207. Secretary of State may require reexamination or | 22 |
| reissuance of a
license.
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| (a) The Secretary of State, having good cause to believe | 24 |
| that a licensed
driver or person holding a permit or applying | 25 |
| for a license or license
renewal is incompetent or otherwise | 26 |
| not qualified to hold a license or
permit, may upon written | 27 |
| notice of at least 5 days to the person require the
person to | 28 |
| submit to an examination as prescribed by the Secretary.
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| Refusal or neglect of the person to submit an alcohol, | 30 |
| drug, or
intoxicating compound evaluation or
submit to or | 31 |
| failure to successfully complete the examination is
grounds for | 32 |
| suspension of the person's license or permit under
Section | 33 |
| 6-206 of this Act or cancellation of his license or permit | 34 |
| under
Section 6-201 of this Act.
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| (b) The Secretary of State, having issued a driver's |
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| license or
permit in error, may upon written notice of at least | 2 |
| 5 days to the person,
require the person to appear at a Driver | 3 |
| Services facility to have the
license or permit error corrected | 4 |
| and a new license or permit issued.
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| Refusal or neglect of the person to appear is grounds for | 6 |
| cancellation of
the person's license or permit under Section | 7 |
| 6-201 of this Act.
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| (c) The Secretary of State, having received notice that a | 9 |
| licensed
driver or person holding a permit or applying for a | 10 |
| license or license
renewal has been involved as a driver in an | 11 |
| accident that caused personal injury or death to a pedestrian | 12 |
| and has been determined to have been at fault in that accident, | 13 |
| as evidenced by the issuance of a Uniform Traffic Citation, | 14 |
| must upon written notice of at least 5 days to the person | 15 |
| require the
person to submit to an examination as prescribed by | 16 |
| the Secretary. | 17 |
| Refusal or neglect of the person to submit to or failure to | 18 |
| successfully complete the examination is
grounds for | 19 |
| suspension of the person's license or permit under
Section | 20 |
| 6-206 of this Act or cancellation of his license or permit | 21 |
| under
Section 6-201 of this Act.
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| (Source: P.A. 90-779, eff. 1-1-99.)
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