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| Public Act 099-0297
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| HB3670 Enrolled | LRB099 08834 RJF 29006 b |
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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 |
Section 6-205 as follows:
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(625 ILCS 5/6-205)
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Sec. 6-205. Mandatory revocation of license or permit; |
Hardship cases.
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(a) Except as provided in this Section, the Secretary of |
State shall
immediately revoke the license, permit, or driving |
privileges of
any driver upon receiving a
report of the |
driver's conviction of any of the following offenses:
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1. Reckless homicide resulting from the operation of a |
motor vehicle;
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2. Violation of Section 11-501 of this Code or a |
similar provision of
a local ordinance relating to the |
offense of operating or being in physical
control of a |
vehicle while under the influence of alcohol, other drug or
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drugs, intoxicating compound or compounds, or any |
combination thereof;
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3. Any felony under the laws of any State or the |
federal government
in the commission of which a motor |
vehicle was used;
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4. Violation of Section 11-401 of this Code relating to |
the offense of
leaving the scene of a traffic accident |
involving death or personal injury;
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5. Perjury or the making of a false affidavit or |
statement under
oath to the Secretary of State under this |
Code or under any
other law relating to the ownership or |
operation of motor vehicles;
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6. Conviction upon 3 charges of violation of Section |
11-503 of this
Code relating to the offense of reckless |
driving committed within a
period of 12 months;
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7. Conviction of any offense
defined in
Section 4-102 |
of this Code;
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8. Violation of Section 11-504 of this Code relating to |
the offense
of drag racing;
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9. Violation of Chapters 8 and 9 of this Code;
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10. Violation of Section 12-5 of the Criminal Code of |
1961 or the Criminal Code of 2012 arising from
the use of a |
motor vehicle;
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11. Violation of Section 11-204.1 of this Code relating |
to aggravated
fleeing or attempting to elude a peace |
officer;
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12. Violation of paragraph (1) of subsection (b) of |
Section 6-507,
or a similar law of any other state, |
relating to the
unlawful operation of a commercial motor |
vehicle;
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13. Violation of paragraph (a) of Section 11-502 of |
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this Code or a
similar provision of a local ordinance if |
the driver has been previously
convicted of a violation of |
that Section or a similar provision of a local
ordinance |
and the driver was less than 21 years of age at the time of |
the
offense;
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14. Violation of paragraph (a) of Section 11-506 of |
this Code or a similar provision of a local ordinance |
relating to the offense of street racing;
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15. A second or subsequent conviction of driving while |
the person's driver's license, permit or privileges was |
revoked for reckless homicide or a similar out-of-state |
offense; |
16. Any offense against any provision in this Code, or |
any local ordinance, regulating the
movement of traffic |
when that offense was the proximate cause of the death of |
any person. Any person whose driving privileges have been |
revoked pursuant to this paragraph may seek to have the |
revocation terminated or to have the length of revocation |
reduced by requesting an administrative hearing with the |
Secretary of State prior to the projected driver's license |
application eligibility date; |
17. Violation of subsection (a-2) of Section 11-1301.3 |
of this Code or a similar provision of a local ordinance; |
18. A second or subsequent conviction of illegal |
possession, while operating or in actual physical control, |
as a driver, of a motor vehicle, of any controlled |
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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. A |
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
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of State. |
(b) The Secretary of State shall also immediately revoke |
the license
or permit of any driver in the following |
situations:
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1. Of any minor upon receiving the notice provided for |
in Section
5-901 of the Juvenile Court Act of 1987 that the |
minor has been
adjudicated under that Act as having |
committed an offense relating to
motor vehicles prescribed |
in Section 4-103 of this Code;
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2. Of any person when any other law of this State |
requires either the
revocation or suspension of a license |
or permit;
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3. Of any person adjudicated under the Juvenile Court |
Act of 1987 based on an offense determined to have been |
committed in furtherance of the criminal activities of an |
organized gang as provided in Section 5-710 of that Act, |
and that involved the operation or use of a motor vehicle |
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or the use of a driver's license or permit. The revocation |
shall remain in effect for the period determined by the |
court. Upon the direction of the court, the Secretary shall |
issue the person a judicial driving permit, also known as a |
JDP. The JDP shall be subject to the same terms as a JDP |
issued under Section 6-206.1, except that the court may |
direct that a JDP issued under this subdivision (b)(3) be |
effective immediately.
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(c)(1) Whenever a person is convicted of any of the |
offenses enumerated in
this Section, the court may recommend |
and the Secretary of State in his
discretion, without regard to |
whether the recommendation is made by the
court may, upon |
application,
issue to the person 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 the petitioner to transport himself or herself or a |
family member
of the petitioner's household to a medical |
facility for the receipt of necessary medical care or to allow |
the
petitioner to transport himself or herself to and from |
alcohol or drug remedial or rehabilitative activity |
recommended by a licensed service provider, or to allow the
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petitioner to transport himself or herself or a family member |
of the petitioner's household to classes, as a student, at an |
accredited educational
institution, or to allow the petitioner |
to transport children, elderly persons, or disabled persons who |
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do not hold driving privileges and are living in the |
petitioner's household to and from daycare; if the petitioner |
is able to demonstrate that no alternative means
of |
transportation is reasonably available and that the petitioner |
will not endanger
the public safety or welfare; provided that |
the Secretary's discretion shall be
limited to cases where |
undue hardship, as defined by the rules of the Secretary of |
State, would result from a failure to issue the
restricted |
driving permit. 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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(2) 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 or the Criminal Code of 2012, |
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.
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(3) If:
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(A) a person's license or permit is revoked or |
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suspended 2 or more
times within a 10 year period due |
to any combination of: |
(i)
a single conviction of violating Section
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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 or the |
Criminal Code of 2012, 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 or |
revocation under Section
11-501.1; or |
(iii)
a suspension pursuant to Section |
6-203.1;
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arising out of
separate occurrences; or |
(B)
a person has been convicted of one violation of |
Section 6-303 of this Code committed while his or her |
driver's license, permit, or privilege was revoked |
because of a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012, relating to |
the offense of reckless homicide where the use of |
alcohol or other drugs was recited as an element of the |
offense, or a similar provision of a law of another |
state;
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that person, if issued a restricted
driving permit, may not |
operate a vehicle unless it has been equipped with an
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ignition interlock device as defined in Section 1-129.1. |
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(4)
The person issued a permit conditioned on the use |
of an ignition interlock device must pay to the Secretary |
of State DUI Administration Fund an amount
not to exceed |
$30 per month. The Secretary shall establish by rule the |
amount
and the procedures, terms, and conditions relating |
to these fees. |
(5)
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. |
(6)
In each case the Secretary of State may issue a
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restricted driving permit for a period he deems |
appropriate, except that the
permit 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 or the Criminal Code of 2012, 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 these offenses, until the expiration of at |
least one year from the date of the
revocation. A |
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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 petitioner 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. However, if an individual's driving |
privileges have been
revoked in accordance with paragraph |
13 of subsection (a) of this Section, no
restricted driving |
permit shall be issued until the individual has served 6
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months of the revocation period.
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(c-5) (Blank).
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(c-6) If a person is convicted of a second violation of |
operating a motor vehicle while the person's driver's license, |
permit or privilege was revoked, where the revocation was for a |
violation of Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012 relating to the offense of reckless |
homicide or a similar out-of-state offense, the person's |
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driving privileges shall be revoked pursuant to subdivision |
(a)(15) of this Section. The person may not make application |
for a license or permit until the expiration of five years from |
the effective date of the revocation or the expiration of five |
years from the date of release from a term of imprisonment, |
whichever is later. |
(c-7) If a person is convicted of a third or subsequent |
violation of operating a motor vehicle while the person's |
driver's license, permit or privilege was revoked, where the |
revocation was for a violation of Section 9-3 of the Criminal |
Code of 1961 or the Criminal Code of 2012 relating to the |
offense of reckless homicide or a similar out-of-state offense, |
the person may never apply for a license or permit. |
(d)(1) Whenever a person under the age of 21 is convicted |
under Section
11-501 of this Code or a similar provision of a |
local ordinance or a similar out-of-state offense, the
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Secretary of State shall revoke the driving privileges of that |
person. One
year after the date of revocation, and upon |
application, the Secretary of
State may, if satisfied that the |
person applying will not endanger the
public safety or welfare, |
issue a restricted driving permit granting the
privilege of |
driving a motor vehicle only between the hours of 5 a.m. and 9
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p.m. or as otherwise provided by this Section for a period of |
one year.
After this one year period, and upon reapplication |
for a license as
provided in Section 6-106, upon payment of the |
appropriate reinstatement
fee provided under paragraph (b) of |
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Section 6-118, the Secretary of State,
in his discretion, may
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reinstate the petitioner's driver's license and driving |
privileges, or extend the restricted driving permit as many |
times as the
Secretary of State deems appropriate, by |
additional periods of not more than
12 months each.
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(2) 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 or the Criminal Code of 2012, |
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.
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(3) 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: |
(A) 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 or the |
Criminal Code of 2012, where the use of alcohol or |
other drugs is recited as an element of the offense, or |
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a similar out-of-state offense; or |
(B)
a statutory summary suspension or revocation |
under Section 11-501.1; or |
(C) a suspension pursuant to 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. |
(4)
The person issued a permit conditioned upon the use |
of an interlock device must pay to the Secretary of State |
DUI Administration Fund an amount
not to exceed $30 per |
month. The Secretary shall establish by rule the amount
and |
the procedures, terms, and conditions relating to these |
fees. |
(5)
If the restricted driving permit is issued for |
employment purposes, then
the prohibition against driving |
a 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. |
(6) 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 |
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ordinances regulating the movement of traffic
shall be |
deemed sufficient cause for the revocation, suspension, or
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cancellation of a restricted driving permit.
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(d-5) The revocation of the license, permit, or driving |
privileges of a person convicted of a third or subsequent |
violation of Section 6-303 of this Code committed while his or |
her driver's license, permit, or privilege was revoked because |
of a violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of reckless |
homicide, or a similar provision of a law of another state, is |
permanent. The Secretary may not, at any time, issue a license |
or permit to that person.
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(e) This Section is subject to the provisions of the Driver |
License
Compact.
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(f) Any revocation imposed upon any person under |
subsections 2
and 3 of paragraph (b) that is in effect on |
December 31, 1988 shall be
converted to a suspension for a like |
period of time.
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(g) 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 revoked
under any provisions of |
this Code.
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(h) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by a person |
who has been convicted of a
second or subsequent offense under |
Section 11-501 of this Code or a similar
provision of a local |
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ordinance. The person must pay to the Secretary of State DUI |
Administration Fund an amount not to exceed $30 for each month |
that he or she uses the device. The Secretary shall establish |
by rule and
regulation the procedures for certification and use |
of the interlock
system, the amount of the fee, and the |
procedures, terms, and conditions relating to these fees.
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(i) (Blank).
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(j) 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 revoked, suspended, |
cancelled, or disqualified under any provisions of this Code.
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(k) The Secretary of State shall notify by mail any person |
whose driving privileges have been revoked under paragraph 16 |
of subsection (a) of this Section that his or her driving |
privileges and driver's license will be revoked 90 days from |
the date of the mailing of the notice. |
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; |
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. |
7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. |
1-1-13; 97-1150, eff. 1-25-13.)
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