Public Act 90-0543 of the 90th General Assembly
Public Act 90-0543
SB772 Re-enrolled LRB9003277NTsb
AN ACT to amend the Illinois Vehicle Code by changing
Sections 6-208 and 11-401.
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 Sections 6-208 and 11-401 as follows:
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
Sec. 6-208. Period of Suspension - Application After
Revocation.
(a) Except as otherwise provided by this Code or any
other law of this State, the Secretary of State shall not
suspend a driver's license, permit or privilege to drive a
motor vehicle on the highways for a period of more than one
year.
(b) Any person whose license, permit or privilege to
drive a motor vehicle on the highways has been revoked shall
not be entitled to have such license, permit or privilege
renewed or restored. However, such person may, except as
provided under subsection (d) of Section 6-205, make
application for a license pursuant to Section 6-106 if the
revocation was for a cause which has been removed or:
1. Except as provided in subparagraphs 2 and 3, after
the expiration of one year from the effective date of the
revocation or, in the case of a violation of paragraph (b) of
Section 11-401 of this Code or a similar provision of a local
ordinance, after the expiration of 3 years from the effective
date of the revocation or, in the case of a violation of
Section 9-3 of the Criminal Code of 1961 relating to the
offense of reckless homicide, after the expiration of 2 years
from the effective date of the revocation; or
2. If such person is convicted of committing a second
violation within a 20 year period of:
- Section 11-501 of this Code, or a similar
provision of a local ordinance; or
- Paragraph (b) of Section 11-401 of this Code, or a
similar provision of a local ordinance; or
- Section 9-3 of the Criminal Code of 1961, as
amended, relating to the offense of reckless homicide; or
- any combination of the above offenses committed at
different instances;
then such person may not make application for a license until
after the expiration of 5 3 years from the effective date of
the most recent revocation. The 20 year period shall be
computed by using the dates the offenses were committed and
shall also include similar out-of-state offenses.
3. However, if such person is convicted of committing a
third, or subsequent, violation or any combination of the
above offenses, including similar out-of-state offenses,
contained in subparagraph 2, then such person may not make
application for a license until after the expiration of 10 6
years from the effective date of the most recent revocation.
Notwithstanding any other provision of this Code, all
persons referred to in this paragraph (b) may not have their
privileges restored until the Secretary receives payment of
the required reinstatement fee pursuant to subsection (b) of
Section 6-118.
In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person,
that to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
(Source: P.A. 89-156, eff. 1-1-96.)
(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401)
Sec. 11-401. Motor vehicle accidents involving death or
personal injuries.
(a) The driver of any vehicle involved in a motor vehicle
accident resulting in personal injury to or death of any
person shall immediately stop such vehicle at the scene of
such accident, or as close thereto as possible and shall then
forthwith return to, and in every event shall remain at the
scene of the accident until the requirements of Section
11-403 have been fulfilled. Every such stop shall be made
without obstructing traffic more than is necessary.
(b) Any person who has failed to stop or to comply with
the said requirements of paragraph (a) shall, as soon as
possible but in no case later than one hour within 3 hours
after such motor vehicle accident, or, if hospitalized and
incapacitated from reporting at any time during such period,
as soon as possible but in no case later than one hour within
48 hours after being discharged from the hospital, report the
place of the accident, the date, the approximate time, the
driver's name and address, the registration number of the
vehicle driven, and the names of all other occupants of such
vehicle, at a police station or sheriff's office near the
place where such accident occurred. No report made as
required under this paragraph shall be used, directly or
indirectly, as a basis for the prosecution of any violation
of paragraph (a).
For purposes of this Section, personal injury shall mean
any injury requiring immediate professional treatment in a
medical facility or doctor's office.
(c) Any person failing to comply with paragraph (a) of
shall be guilty of a Class A misdemeanor.
(d) Any person failing to comply with paragraph (b) is
shall be guilty of a Class 4 felony if the motor vehicle
accident does not result in the death of any person. Any
person failing to comply with paragraph (b) when the accident
results in the death of any person is guilty of a Class 2
felony, for which the person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3
years and not more than 14 years.
(e) The Secretary of State shall revoke the driving
privilege of any person convicted of a violation of this
Section.
(Source: P.A. 84-272.)
Section 99. Effective date. This Act takes effect upon
becoming law.