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Public Act 095-0894
Public Act 0894 95TH GENERAL ASSEMBLY
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Public Act 095-0894
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| SB2713 Enrolled |
LRB095 05854 LCT 25945 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by changing | Section 6-206 as follows:
| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| (Text of Section after amendment by P.A. 95-400) | Sec. 6-206. Discretionary authority to suspend or revoke | license or
permit; Right to a hearing.
| (a) The Secretary of State is authorized to suspend or | revoke the
driving privileges of any person without preliminary | hearing upon a showing
of the person's records or other | sufficient evidence that
the person:
| 1. Has committed an offense for which mandatory | revocation of
a driver's license or permit is required upon | conviction;
| 2. Has been convicted of not less than 3 offenses | against traffic
regulations governing the movement of | vehicles committed within any 12
month period. No | revocation or suspension shall be entered more than
6 | months after the date of last conviction;
| 3. Has been repeatedly involved as a driver in motor | vehicle
collisions or has been repeatedly convicted of |
| offenses against laws and
ordinances regulating the | movement of traffic, to a degree that
indicates lack of | ability to exercise ordinary and reasonable care in
the | safe operation of a motor vehicle or disrespect for the | traffic laws
and the safety of other persons upon the | highway;
| 4. Has by the unlawful operation of a motor vehicle | caused or
contributed to an accident resulting in death or | injury requiring
immediate professional treatment in a | medical facility or doctor's office
to any person, except | that any suspension or revocation imposed by the
Secretary | of State under the provisions of this subsection shall | start no
later than 6 months after being convicted of | violating a law or
ordinance regulating the movement of | traffic, which violation is related
to the accident, or | shall start not more than one year
after
the date of the | accident, whichever date occurs later;
| 5. Has permitted an unlawful or fraudulent use of a | driver's
license, identification card, or permit;
| 6. Has been lawfully convicted of an offense or | offenses in another
state, including the authorization | contained in Section 6-203.1, which
if committed within | this State would be grounds for suspension or revocation;
| 7. Has refused or failed to submit to an examination | provided for by
Section 6-207 or has failed to pass the | examination;
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| 8. Is ineligible for a driver's license or permit under | the provisions
of Section 6-103;
| 9. Has made a false statement or knowingly concealed a | material fact
or has used false information or | identification in any application for a
license, | identification card, or permit;
| 10. Has possessed, displayed, or attempted to | fraudulently use any
license, identification card, or | permit not issued to the person;
| 11. Has operated a motor vehicle upon a highway of this | State when
the person's driving privilege or privilege to | obtain a driver's license
or permit was revoked or | suspended unless the operation was authorized by
a | monitoring device driving permit, judicial driving permit | issued prior to January 1, 2009
the effective date of this | amendatory Act of the 95th General Assembly, probationary | license to drive, or a restricted
driving permit issued | under this Code;
| 12. Has submitted to any portion of the application | process for
another person or has obtained the services of | another person to submit to
any portion of the application | process for the purpose of obtaining a
license, | identification card, or permit for some other person;
| 13. Has operated a motor vehicle upon a highway of this | State when
the person's driver's license or permit was | invalid under the provisions of
Sections 6-107.1 and
6-110;
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| 14. Has committed a violation of Section 6-301, | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | of the Illinois Identification Card
Act;
| 15. Has been convicted of violating Section 21-2 of the | Criminal Code
of 1961 relating to criminal trespass to | vehicles in which case, the suspension
shall be for one | year;
| 16. Has been convicted of violating Section 11-204 of | this Code relating
to fleeing from a peace officer;
| 17. Has refused to submit to a test, or tests, as | required under Section
11-501.1 of this Code and the person | has not sought a hearing as
provided for in Section | 11-501.1;
| 18. Has, since issuance of a driver's license or | permit, been adjudged
to be afflicted with or suffering | from any mental disability or disease;
| 19. Has committed a violation of paragraph (a) or (b) | of Section 6-101
relating to driving without a driver's | license;
| 20. Has been convicted of violating Section 6-104 | relating to
classification of driver's license;
| 21. Has been convicted of violating Section 11-402 of
| this Code relating to leaving the scene of an accident | resulting in damage
to a vehicle in excess of $1,000, in | which case the suspension shall be
for one year;
| 22. Has used a motor vehicle in violating paragraph |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | the Criminal Code of 1961 relating
to unlawful use of | weapons, in which case the suspension shall be for one
| year;
| 23. Has, as a driver, been convicted of committing a | violation of
paragraph (a) of Section 11-502 of this Code | for a second or subsequent
time within one year of a | similar violation;
| 24. Has been convicted by a court-martial or punished | by non-judicial
punishment by military authorities of the | United States at a military
installation in Illinois of or | for a traffic related offense that is the
same as or | similar to an offense specified under Section 6-205 or | 6-206 of
this Code;
| 25. Has permitted any form of identification to be used | by another in
the application process in order to obtain or | attempt to obtain a license,
identification card, or | permit;
| 26. Has altered or attempted to alter a license or has | possessed an
altered license, identification card, or | permit;
| 27. Has violated Section 6-16 of the Liquor Control Act | of 1934;
| 28. Has been convicted of the illegal possession, while | operating or
in actual physical control, as a driver, of a | motor vehicle, of any
controlled substance prohibited |
| under the Illinois Controlled Substances
Act, any cannabis | prohibited under the Cannabis Control
Act, or any | methamphetamine prohibited under the Methamphetamine | Control and Community Protection Act, in which case the | person's driving privileges shall be suspended for
one | year, and any driver who is convicted of a second or | subsequent
offense, within 5 years of a previous | conviction, for the illegal
possession, while operating or | in actual physical control, as a driver, of
a motor | vehicle, of any controlled substance prohibited under the | Illinois Controlled Substances Act, any cannabis
| prohibited under the Cannabis Control Act, or any | methamphetamine prohibited under the Methamphetamine | Control and Community Protection Act shall be suspended for | 5 years.
Any defendant found guilty of this offense while | operating a motor vehicle,
shall have an entry made in the | court record by the presiding judge that
this offense did | occur while the defendant was operating a motor vehicle
and | order the clerk of the court to report the violation to the | Secretary
of State;
| 29. Has been convicted of the following offenses that | were committed
while the person was operating or in actual | physical control, as a driver,
of a motor vehicle: criminal | sexual assault,
predatory criminal sexual assault of a | child,
aggravated criminal sexual
assault, criminal sexual | abuse, aggravated criminal sexual abuse, juvenile
pimping, |
| soliciting for a juvenile prostitute and the manufacture, | sale or
delivery of controlled substances or instruments | used for illegal drug use
or abuse in which case the | driver's driving privileges shall be suspended
for one | year;
| 30. Has been convicted a second or subsequent time for | any
combination of the offenses named in paragraph 29 of | this subsection,
in which case the person's driving | privileges shall be suspended for 5
years;
| 31. Has refused to submit to a test as
required by | Section 11-501.6 or has submitted to a test resulting in
an | alcohol concentration of 0.08 or more or any amount of a | drug, substance, or
compound resulting from the unlawful | use or consumption of cannabis as listed
in the Cannabis | Control Act, a controlled substance as listed in the | Illinois
Controlled Substances Act, an intoxicating | compound as listed in the Use of
Intoxicating Compounds | Act, or methamphetamine as listed in the Methamphetamine | Control and Community Protection Act, in which case the | penalty shall be
as prescribed in Section 6-208.1;
| 32. Has been convicted of Section 24-1.2 of the | Criminal Code of
1961 relating to the aggravated discharge | of a firearm if the offender was
located in a motor vehicle | at the time the firearm was discharged, in which
case the | suspension shall be for 3 years;
| 33. Has as a driver, who was less than 21 years of age |
| on the date of
the offense, been convicted a first time of | a violation of paragraph (a) of
Section 11-502 of this Code | or a similar provision of a local ordinance;
| 34. Has committed a violation of Section 11-1301.5 of | this Code;
| 35. Has committed a violation of Section 11-1301.6 of | this Code;
| 36. Is under the age of 21 years at the time of arrest | and has been
convicted of not less than 2 offenses against | traffic regulations governing
the movement of vehicles | committed within any 24 month period. No revocation
or | suspension shall be entered more than 6 months after the | date of last
conviction;
| 37. Has committed a violation of subsection (c) of | Section 11-907 of this
Code that resulted in damage to the | property of another or the death or injury of another;
| 38. Has been convicted of a violation of Section 6-20 | of the Liquor
Control Act of 1934 or a similar provision of | a local ordinance;
| 39. Has committed a second or subsequent violation of | Section
11-1201 of this Code;
| 40. Has committed a violation of subsection (a-1) of | Section 11-908 of
this Code; | 41. Has committed a second or subsequent violation of | Section 11-605.1 of this Code within 2 years of the date of | the previous violation, in which case the suspension shall |
| be for 90 days; | 42. Has committed a violation of subsection (a-1) of | Section 11-1301.3 of this Code; or
| 43. Has received a disposition of court supervision for | a violation of subsection (a), (d), or (e) of Section 6-20 | of the Liquor
Control Act of 1934 or a similar provision of | a local ordinance, in which case the suspension shall be | for a period of 3 months; .
| 44.
43. Is under the age of 21 years at the time of | arrest and has been convicted of an offense against traffic | regulations governing the movement of vehicles after | having previously had his or her driving privileges
been | suspended or revoked pursuant to subparagraph 36 of this | Section; or . | 45.
43. Has, in connection with or during the course of | a formal hearing conducted under Section 2-118 of this | Code: (i) committed perjury; (ii) submitted fraudulent or | falsified documents; (iii) submitted documents that have | been materially altered; or (iv), submitted, as his or her | own, documents that were in fact prepared or composed for | another person.
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | and 27 of this
subsection, license means any driver's license, | any traffic ticket issued when
the person's driver's license is | deposited in lieu of bail, a suspension
notice issued by the | Secretary of State, a duplicate or corrected driver's
license, |
| a probationary driver's license or a temporary driver's | license.
| (b) If any conviction forming the basis of a suspension or
| revocation authorized under this Section is appealed, the
| Secretary of State may rescind or withhold the entry of the | order of suspension
or revocation, as the case may be, provided | that a certified copy of a stay
order of a court is filed with | the Secretary of State. If the conviction is
affirmed on | appeal, the date of the conviction shall relate back to the | time
the original judgment of conviction was entered and the 6 | month limitation
prescribed shall not apply.
| (c) 1. Upon suspending or revoking the driver's license or | permit of
any person as authorized in this Section, the | Secretary of State shall
immediately notify the person in | writing of the revocation or suspension.
The notice to be | deposited in the United States mail, postage prepaid,
to the | last known address of the person.
| 2. If the Secretary of State suspends the driver's | license
of a person under subsection 2 of paragraph (a) of | this Section, a
person's privilege to operate a vehicle as | an occupation shall not be
suspended, provided an affidavit | is properly completed, the appropriate fee
received, and a | permit issued prior to the effective date of the
| suspension, unless 5 offenses were committed, at least 2 of | which occurred
while operating a commercial vehicle in | connection with the driver's
regular occupation. All other |
| driving privileges shall be suspended by the
Secretary of | State. Any driver prior to operating a vehicle for
| occupational purposes only must submit the affidavit on | forms to be
provided by the Secretary of State setting | forth the facts of the person's
occupation. The affidavit | shall also state the number of offenses
committed while | operating a vehicle in connection with the driver's regular
| occupation. The affidavit shall be accompanied by the | driver's license.
Upon receipt of a properly completed | affidavit, the Secretary of State
shall issue the driver a | permit to operate a vehicle in connection with the
driver's | regular occupation only. Unless the permit is issued by the
| Secretary of State prior to the date of suspension, the | privilege to drive
any motor vehicle shall be suspended as | set forth in the notice that was
mailed under this Section. | If an affidavit is received subsequent to the
effective | date of this suspension, a permit may be issued for the | remainder
of the suspension period.
| The provisions of this subparagraph shall not apply to | any driver
required to possess a CDL for the purpose of | operating a commercial motor vehicle.
| Any person who falsely states any fact in the affidavit | required
herein shall be guilty of perjury under Section | 6-302 and upon conviction
thereof shall have all driving | privileges revoked without further rights.
| 3. At the conclusion of a hearing under Section 2-118 |
| of this Code,
the Secretary of State shall either rescind | or continue an order of
revocation or shall substitute an | order of suspension; or, good
cause appearing therefor, | rescind, continue, change, or extend the
order of | suspension. If the Secretary of State does not rescind the | order,
the Secretary may upon application,
to relieve undue | hardship (as defined by the rules of the Secretary of | State), issue
a restricted driving permit granting the | privilege of driving a motor
vehicle between the | petitioner's residence and petitioner's place of
| employment or within the scope of the petitioner's | employment related duties, or to
allow transportation for | the petitioner, or a household member of the
petitioner's | family, to receive necessary medical care, provide | transportation to and from alcohol or drug
remedial or | rehabilitative activity recommended by a licensed service | provider, or for the petitioner to attend
classes, as a | student, in an accredited educational institution. The
| petitioner must demonstrate that no alternative means of
| transportation is reasonably available and that the | petitioner will not endanger
the public safety or welfare. | Those multiple offenders identified in subdivision (b)4 of | Section 6-208 of this Code, however, shall not be eligible | for the issuance of a restricted driving permit.
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(A) If a person's license or permit is revoked or | suspended due to 2
or more convictions of violating |
| Section 11-501 of this Code or a similar
provision of a | local ordinance or a similar out-of-state offense, or | Section 9-3 of the Criminal Code of 1961, where the use | of alcohol or other drugs is recited as an element of | the offense, or a similar out-of-state offense, or a | combination of these offenses, arising out
of separate | occurrences, that person, if issued a restricted | driving permit,
may not operate a vehicle unless it has | been equipped with an ignition
interlock device as | defined in Section 1-129.1.
| (B) If a person's license or permit is revoked or | suspended 2 or more
times within a 10 year period due | to any combination of: | (i) a single conviction of violating Section
| 11-501 of this Code or a similar provision of a | local ordinance or a similar
out-of-state offense | or Section 9-3 of the Criminal Code of 1961, where | the use of alcohol or other drugs is recited as an | element of the offense, or a similar out-of-state | offense; or | (ii) a statutory summary suspension under | Section
11-501.1; or | (iii) a suspension under Section 6-203.1; , | arising out of
separate occurrences; , that person, if | issued a restricted driving permit, may
not operate a | vehicle unless it has been
equipped with an ignition |
| interlock device as defined in Section 1-129.1. | (C)
The person must pay to the Secretary of State | DUI Administration Fund an amount
not to exceed $20 per | month. The Secretary shall establish by rule the amount
| and the procedures, terms, and conditions relating to | these fees. | (D) If the
restricted driving permit is issued for | employment purposes, then the prohibition against | operating a motor vehicle that is not equipped with an | ignition interlock device does not apply to the | operation of an occupational vehicle owned or
leased by | that person's employer when used solely for employment | purposes. | (E) In each case the Secretary may issue a
| restricted driving permit for a period deemed | appropriate, except that all
permits shall expire | within one year from the date of issuance. The | Secretary
may not, however, issue a restricted driving | permit to any person whose current
revocation is the | result of a second or subsequent conviction for a | violation
of Section 11-501 of this Code or a similar | provision of a local ordinance
or any similar | out-of-state offense, or Section 9-3 of the Criminal | Code of 1961, where the use of alcohol or other drugs | is recited as an element of the offense, or any similar | out-of-state offense, or any combination
of those |
| offenses, until the expiration of at least one year | from the date of
the revocation. A
restricted driving | permit issued under this Section shall be subject to
| cancellation, revocation, and suspension by the | Secretary of State in like
manner and for like cause as | a driver's license issued under this Code may be
| cancelled, revoked, or suspended; except that a | conviction upon one or more
offenses against laws or | ordinances regulating the movement of traffic
shall be | deemed sufficient cause for the revocation, | suspension, or
cancellation of a restricted driving | permit. The Secretary of State may, as
a condition to | the issuance of a restricted driving permit, require | the
applicant to participate in a designated driver | remedial or rehabilitative
program. The Secretary of | State is authorized to cancel a restricted
driving | permit if the permit holder does not successfully | complete the program.
| (c-3) In the case of a suspension under paragraph 43 of | subsection (a), reports received by the Secretary of State | under this Section shall, except during the actual time the | suspension is in effect, be privileged information and for use | only by the courts, police officers, prosecuting authorities, | the driver licensing administrator of any other state, or the | Secretary of State. However, beginning January 1, 2008, if the | person is a CDL holder, the suspension shall also be made |
| available to the driver licensing administrator of any other | state, the U.S. Department of Transportation, and the affected | driver or motor
carrier or prospective motor carrier upon | request.
| (c-4) In the case of a suspension under paragraph 43 of | subsection (a), the Secretary of State shall notify the person | by mail that his or her driving privileges and driver's license | will be suspended one month after the date of the mailing of | the notice.
| (c-5) The Secretary of State may, as a condition of the | reissuance of a
driver's license or permit to an applicant | whose driver's license or permit has
been suspended before he | or she reached the age of 18 years pursuant to any of
the | provisions of this Section, require the applicant to | participate in a
driver remedial education course and be | retested under Section 6-109 of this
Code.
| (d) This Section is subject to the provisions of the | Drivers License
Compact.
| (e) The Secretary of State shall not issue a restricted | driving permit to
a person under the age of 16 years whose | driving privileges have been suspended
or revoked under any | provisions of this Code.
| (f) In accordance with 49 C.F.R. 384, the Secretary of | State may not issue a restricted driving permit for the | operation of a commercial motor vehicle to a person holding a | CDL whose driving privileges have been suspended, revoked, |
| cancelled, or disqualified under any provisions of this Code. | (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; | 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; | revised 2-7-08.)
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Effective Date: 1/1/2009
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