Bill Text: IL SB1478 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Makes technical changes in a Section concerning mandatory revocation of a license or permit.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1478 Detail]
Download: Illinois-2011-SB1478-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-205 as follows:
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6 | (625 ILCS 5/6-205)
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7 | (Text of Section before amendment by P.A. 96-1344 ) | |||||||||||||||||||
8 | Sec. 6-205. Mandatory revocation of license or permit; | |||||||||||||||||||
9 | Hardship cases.
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10 | (a) Except as provided in this Section, the
the Secretary | |||||||||||||||||||
11 | of State shall
immediately revoke the license, permit, or | |||||||||||||||||||
12 | driving privileges of
any driver upon receiving a
report of the | |||||||||||||||||||
13 | driver's conviction of any of the following offenses:
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14 | 1. Reckless homicide resulting from the operation of a | |||||||||||||||||||
15 | motor vehicle;
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16 | 2. Violation of Section 11-501 of this Code or a | |||||||||||||||||||
17 | similar provision of
a local ordinance relating to the | |||||||||||||||||||
18 | offense of operating or being in physical
control of a | |||||||||||||||||||
19 | vehicle while under the influence of alcohol, other drug or
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20 | drugs, intoxicating compound or compounds, or any | |||||||||||||||||||
21 | combination thereof;
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22 | 3. Any felony under the laws of any State or the | |||||||||||||||||||
23 | federal government
in the commission of which a motor |
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1 | vehicle was used;
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2 | 4. Violation of Section 11-401 of this Code relating to | ||||||
3 | the offense of
leaving the scene of a traffic accident | ||||||
4 | involving death or personal injury;
| ||||||
5 | 5. Perjury or the making of a false affidavit or | ||||||
6 | statement under
oath to the Secretary of State under this | ||||||
7 | Code or under any
other law relating to the ownership or | ||||||
8 | operation of motor vehicles;
| ||||||
9 | 6. Conviction upon 3 charges of violation of Section | ||||||
10 | 11-503 of this
Code relating to the offense of reckless | ||||||
11 | driving committed within a
period of 12 months;
| ||||||
12 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
13 | of this Code;
| ||||||
14 | 8. Violation of Section 11-504 of this Code relating to | ||||||
15 | the offense
of drag racing;
| ||||||
16 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
17 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
18 | 1961 arising from
the use of a motor vehicle;
| ||||||
19 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
20 | to aggravated
fleeing or attempting to elude a peace | ||||||
21 | officer;
| ||||||
22 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
23 | Section 6-507,
or a similar law of any other state, | ||||||
24 | relating to the
unlawful operation of a commercial motor | ||||||
25 | vehicle;
| ||||||
26 | 13. Violation of paragraph (a) of Section 11-502 of |
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1 | this Code or a
similar provision of a local ordinance if | ||||||
2 | the driver has been previously
convicted of a violation of | ||||||
3 | that Section or a similar provision of a local
ordinance | ||||||
4 | and the driver was less than 21 years of age at the time of | ||||||
5 | the
offense;
| ||||||
6 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
7 | this Code or a similar provision of a local ordinance | ||||||
8 | relating to the offense of street racing;
| ||||||
9 | 15. A second or subsequent conviction of driving while | ||||||
10 | the person's driver's license, permit or privileges was | ||||||
11 | revoked for reckless homicide or a similar out-of-state | ||||||
12 | offense; | ||||||
13 | 16. Any offense against any provision in this
the | ||||||
14 | Illinois
Vehicle Code, or any local ordinance, regulating | ||||||
15 | the
movement of traffic , when that offense was the | ||||||
16 | proximate cause of the death of any person. Any person | ||||||
17 | whose driving privileges have been revoked pursuant to this | ||||||
18 | paragraph may seek to have the revocation terminated or to | ||||||
19 | have the length of revocation reduced , by requesting an | ||||||
20 | administrative hearing with the Secretary of State prior to | ||||||
21 | the projected driver's license application eligibility | ||||||
22 | date. | ||||||
23 | (b) The Secretary of State shall also immediately revoke | ||||||
24 | the license
or permit of any driver in the following | ||||||
25 | situations:
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26 | 1. Of any minor upon receiving the notice provided for |
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1 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
2 | minor has been
adjudicated under that Act as having | ||||||
3 | committed an offense relating to
motor vehicles prescribed | ||||||
4 | in Section 4-103 of this Code;
| ||||||
5 | 2. Of any person when any other law of this State | ||||||
6 | requires either the
revocation or suspension of a license | ||||||
7 | or permit;
| ||||||
8 | 3. Of any person adjudicated under the Juvenile Court | ||||||
9 | Act of 1987 based on an offense determined to have been | ||||||
10 | committed in furtherance of the criminal activities of an | ||||||
11 | organized gang as provided in Section 5-710 of that Act, | ||||||
12 | and that involved the operation or use of a motor vehicle | ||||||
13 | or the use of a driver's license or permit. The revocation | ||||||
14 | shall remain in effect for the period determined by the | ||||||
15 | court. Upon the direction of the court, the Secretary shall | ||||||
16 | issue the person a judicial driving permit, also known as a | ||||||
17 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
18 | issued under Section 6-206.1, except that the court may | ||||||
19 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
20 | effective immediately.
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21 | (c)(1) Whenever
Except as provided in subsection (c-5), | ||||||
22 | whenever a person is convicted of any of the offenses | ||||||
23 | enumerated in
this Section, the court may recommend and the | ||||||
24 | Secretary of State in his
discretion, without regard to whether | ||||||
25 | the recommendation is made by the
court may, upon application,
| ||||||
26 | issue to the person a
restricted driving permit granting the |
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1 | privilege of driving a motor
vehicle between the petitioner's | ||||||
2 | residence and petitioner's place
of employment or within the | ||||||
3 | scope of the petitioner's employment related
duties, or to | ||||||
4 | allow the petitioner to transport himself or herself or a | ||||||
5 | family member
of the petitioner's household to a medical | ||||||
6 | facility for the receipt of necessary medical care or to allow | ||||||
7 | the
petitioner to transport himself or herself to and from | ||||||
8 | alcohol or drug remedial or rehabilitative activity | ||||||
9 | recommended by a licensed service provider, or to allow the
| ||||||
10 | petitioner to transport himself or herself or a family member | ||||||
11 | of the petitioner's household to classes, as a student, at an | ||||||
12 | accredited educational
institution, or to allow the petitioner | ||||||
13 | to transport children, elderly persons, or disabled persons who | ||||||
14 | do not hold driving privileges and are living in the | ||||||
15 | petitioner's household to and from daycare; if the petitioner | ||||||
16 | is able to demonstrate that no alternative means
of | ||||||
17 | transportation is reasonably available and that the petitioner | ||||||
18 | will not endanger
the public safety or welfare; provided that | ||||||
19 | the Secretary's discretion shall be
limited to cases where | ||||||
20 | undue hardship, as defined by the rules of the Secretary of | ||||||
21 | State, would result from a failure to issue the
restricted | ||||||
22 | driving permit. Those multiple offenders identified in | ||||||
23 | subdivision (b)4 of Section 6-208 of this Code, however, shall | ||||||
24 | not be eligible for the issuance of a restricted driving | ||||||
25 | permit.
| ||||||
26 | (2) If a person's license or permit is revoked or |
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1 | suspended due to 2 or
more convictions of violating Section | ||||||
2 | 11-501 of this Code or a similar
provision of a local | ||||||
3 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
4 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
5 | other drugs is recited as an element of the offense, or a | ||||||
6 | similar out-of-state offense, or a combination of these | ||||||
7 | offenses, arising out
of separate occurrences, that | ||||||
8 | person, if issued a restricted driving permit,
may not | ||||||
9 | operate a vehicle unless it has been equipped with an | ||||||
10 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
11 | (3) If:
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12 | (A) a person's license or permit is revoked or | ||||||
13 | suspended 2 or more
times within a 10 year period due | ||||||
14 | to any combination of: | ||||||
15 | (i)
a single conviction of violating Section
| ||||||
16 | 11-501 of this Code or a similar provision of a | ||||||
17 | local ordinance or a similar
out-of-state offense, | ||||||
18 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
19 | the use of alcohol or other drugs is recited as an | ||||||
20 | element of the offense, or a similar out-of-state | ||||||
21 | offense; or | ||||||
22 | (ii)
a statutory summary suspension under | ||||||
23 | Section
11-501.1; or | ||||||
24 | (iii)
a suspension pursuant to Section | ||||||
25 | 6-203.1;
| ||||||
26 | arising out of
separate occurrences; or |
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| |||||||
1 | (B)
a person has been convicted of one violation of | ||||||
2 | Section 6-303 of this Code committed while his or her | ||||||
3 | driver's license, permit, or privilege was revoked | ||||||
4 | because of a violation of Section 9-3 of the Criminal | ||||||
5 | Code of 1961, relating to the offense of reckless | ||||||
6 | homicide where the use of alcohol or other drugs was | ||||||
7 | recited as an element of the offense, or a similar | ||||||
8 | provision of a law of another state;
| ||||||
9 | that person, if issued a restricted
driving permit, may not | ||||||
10 | operate a vehicle unless it has been equipped with an
| ||||||
11 | ignition interlock device as defined in Section 1-129.1. | ||||||
12 | (4)
The person issued a permit conditioned on the use | ||||||
13 | of an ignition interlock device must pay to the Secretary | ||||||
14 | of State DUI Administration Fund an amount
not to exceed | ||||||
15 | $30 per month. The Secretary shall establish by rule the | ||||||
16 | amount
and the procedures, terms, and conditions relating | ||||||
17 | to these fees. | ||||||
18 | (5)
If the restricted driving permit is issued for | ||||||
19 | employment purposes, then
the prohibition against | ||||||
20 | operating a motor vehicle that is not equipped with an | ||||||
21 | ignition interlock device does not apply to the operation | ||||||
22 | of an occupational vehicle
owned or leased by that person's | ||||||
23 | employer when used solely for employment purposes. | ||||||
24 | (6)
In each case the Secretary of State may issue a
| ||||||
25 | restricted driving permit for a period he deems | ||||||
26 | appropriate, except that the
permit shall expire within one |
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1 | year from the date of issuance. The Secretary
may not, | ||||||
2 | however, issue a restricted driving permit to any person | ||||||
3 | whose current
revocation is the result of a second or | ||||||
4 | subsequent conviction for a violation
of Section 11-501 of | ||||||
5 | this Code or a similar provision of a local ordinance
or | ||||||
6 | any similar out-of-state offense, or Section 9-3 of the | ||||||
7 | Criminal Code of 1961, where the use of alcohol or other | ||||||
8 | drugs is recited as an element of the offense, or any | ||||||
9 | similar out-of-state offense, or any combination of these | ||||||
10 | offenses, until the expiration of at least one year from | ||||||
11 | the date of the
revocation. A restricted
driving permit | ||||||
12 | issued under this Section shall be
subject to cancellation, | ||||||
13 | revocation, and suspension by the Secretary of
State in | ||||||
14 | like manner and for like cause as a driver's license issued
| ||||||
15 | under this Code may be cancelled, revoked, or
suspended; | ||||||
16 | except that a conviction upon one or more offenses against | ||||||
17 | laws or
ordinances regulating the movement of traffic shall | ||||||
18 | be deemed sufficient cause
for the revocation, suspension, | ||||||
19 | or cancellation of a restricted driving permit.
The | ||||||
20 | Secretary of State may, as a condition to the issuance of a | ||||||
21 | restricted
driving permit, require the petitioner to | ||||||
22 | participate in a designated driver
remedial or | ||||||
23 | rehabilitative program. The Secretary of State is | ||||||
24 | authorized to
cancel a restricted driving permit if the | ||||||
25 | permit holder does not successfully
complete the program. | ||||||
26 | However, if an individual's driving privileges have been
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1 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
2 | of this Section, no
restricted driving permit shall be | ||||||
3 | issued until the individual has served 6
months of the | ||||||
4 | revocation period.
| ||||||
5 | (c-5) (Blank).
| ||||||
6 | (c-6) If a person is convicted of a second violation of | ||||||
7 | operating a motor vehicle while the person's driver's license, | ||||||
8 | permit or privilege was revoked, where the revocation was for a | ||||||
9 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
10 | to the offense of reckless homicide or a similar out-of-state | ||||||
11 | offense, the person's driving privileges shall be revoked | ||||||
12 | pursuant to subdivision (a)(15) of this Section. The person may | ||||||
13 | not make application for a license or permit until the | ||||||
14 | expiration of five years from the effective date of the | ||||||
15 | revocation or the expiration of five years from the date of | ||||||
16 | release from a term of imprisonment, whichever is later. | ||||||
17 | (c-7) If a person is convicted of a third or subsequent | ||||||
18 | violation of operating a motor vehicle while the person's | ||||||
19 | driver's license, permit or privilege was revoked, where the | ||||||
20 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
21 | Code of 1961 relating to the offense of reckless homicide or a | ||||||
22 | similar out-of-state offense, the person may never apply for a | ||||||
23 | license or permit. | ||||||
24 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
25 | under Section
11-501 of this Code or a similar provision of a | ||||||
26 | local ordinance or a similar out-of-state offense, the
|
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| |||||||
1 | Secretary of State shall revoke the driving privileges of that | ||||||
2 | person. One
year after the date of revocation, and upon | ||||||
3 | application, the Secretary of
State may, if satisfied that the | ||||||
4 | person applying will not endanger the
public safety or welfare, | ||||||
5 | issue a restricted driving permit granting the
privilege of | ||||||
6 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
7 | p.m. or as otherwise provided by this Section for a period of | ||||||
8 | one year.
After this one year period, and upon reapplication | ||||||
9 | for a license as
provided in Section 6-106, upon payment of the | ||||||
10 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
11 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
12 | reinstate the petitioner's driver's license and driving | ||||||
13 | privileges, or extend the restricted driving permit as many | ||||||
14 | times as the
Secretary of State deems appropriate, by | ||||||
15 | additional periods of not more than
12 months each.
| ||||||
16 | (2) If a person's license or permit is revoked or | ||||||
17 | suspended due to 2 or
more convictions of violating Section | ||||||
18 | 11-501 of this Code or a similar
provision of a local | ||||||
19 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
20 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
21 | other drugs is recited as an element of the offense, or a | ||||||
22 | similar out-of-state offense, or a combination of these | ||||||
23 | offenses, arising out
of separate occurrences, that | ||||||
24 | person, if issued a restricted driving permit,
may not | ||||||
25 | operate a vehicle unless it has been equipped with an | ||||||
26 | ignition
interlock device as defined in Section 1-129.1.
|
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| |||||||
1 | (3) If a person's license or permit is revoked or | ||||||
2 | suspended 2 or more times
within a 10 year period due to | ||||||
3 | any combination of: | ||||||
4 | (A) a single conviction of violating Section | ||||||
5 | 11-501
of this
Code or a similar provision of a local | ||||||
6 | ordinance or a similar out-of-state
offense, or | ||||||
7 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
8 | of alcohol or other drugs is recited as an element of | ||||||
9 | the offense, or a similar out-of-state offense; or | ||||||
10 | (B)
a statutory summary suspension under Section | ||||||
11 | 11-501.1; or | ||||||
12 | (C) a suspension pursuant to Section 6-203.1; | ||||||
13 | arising out of separate occurrences, that person, if issued | ||||||
14 | a
restricted
driving permit, may not operate a vehicle | ||||||
15 | unless it has been equipped with an
ignition interlock | ||||||
16 | device as defined in Section 1-129.1. | ||||||
17 | (4)
The person issued a permit conditioned upon the use | ||||||
18 | of an interlock device must pay to the Secretary of State | ||||||
19 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
20 | month. The Secretary shall establish by rule the amount
and | ||||||
21 | the procedures, terms, and conditions relating to these | ||||||
22 | fees. | ||||||
23 | (5)
If the restricted driving permit is issued for | ||||||
24 | employment purposes, then
the prohibition against driving | ||||||
25 | a vehicle that is not equipped with an ignition interlock | ||||||
26 | device does not apply to the operation of an occupational |
| |||||||
| |||||||
1 | vehicle
owned or leased by that person's employer when used | ||||||
2 | solely for employment purposes. | ||||||
3 | (6) A
restricted driving permit issued under this | ||||||
4 | Section shall be subject to
cancellation, revocation, and | ||||||
5 | suspension by the Secretary of State in like
manner and for | ||||||
6 | like cause as a driver's license issued under this Code may | ||||||
7 | be
cancelled, revoked, or suspended; except that a | ||||||
8 | conviction upon one or more
offenses against laws or | ||||||
9 | ordinances regulating the movement of traffic
shall be | ||||||
10 | deemed sufficient cause for the revocation, suspension, or
| ||||||
11 | cancellation of a restricted driving permit.
| ||||||
12 | (d-5) The revocation of the license, permit, or driving | ||||||
13 | privileges of a person convicted of a third or subsequent | ||||||
14 | violation of Section 6-303 of this Code committed while his or | ||||||
15 | her driver's license, permit, or privilege was revoked because | ||||||
16 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
17 | relating to the offense of reckless homicide, or a similar | ||||||
18 | provision of a law of another state, is permanent. The | ||||||
19 | Secretary may not, at any time, issue a license or permit to | ||||||
20 | that person.
| ||||||
21 | (e) This Section is subject to the provisions of the Driver | ||||||
22 | License
Compact.
| ||||||
23 | (f) Any revocation imposed upon any person under | ||||||
24 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
25 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
26 | period of time.
|
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| |||||||
1 | (g) The Secretary of State shall not issue a restricted | ||||||
2 | driving permit to
a person under the age of 16 years whose | ||||||
3 | driving privileges have been revoked
under any provisions of | ||||||
4 | this Code.
| ||||||
5 | (h) The Secretary of State shall require the use of | ||||||
6 | ignition interlock
devices on all vehicles owned by a person | ||||||
7 | who has been convicted of a
second or subsequent offense under | ||||||
8 | Section 11-501 of this Code or a similar
provision of a local | ||||||
9 | ordinance. The person must pay to the Secretary of State DUI | ||||||
10 | Administration Fund an amount not to exceed $30 for each month | ||||||
11 | that he or she uses the device. The Secretary shall establish | ||||||
12 | by rule and
regulation the procedures for certification and use | ||||||
13 | of the interlock
system, the amount of the fee, and the | ||||||
14 | procedures, terms, and conditions relating to these fees.
| ||||||
15 | (i) (Blank).
| ||||||
16 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
17 | State may not issue a restricted driving permit for the | ||||||
18 | operation of a commercial motor vehicle to a person holding a | ||||||
19 | CDL whose driving privileges have been revoked, suspended, | ||||||
20 | cancelled, or disqualified under any provisions of this Code.
| ||||||
21 | (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | ||||||
22 | eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | ||||||
23 | eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | ||||||
24 | 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11; 96-1305, eff. | ||||||
25 | 1-1-11; revised 9-2-10.)
|
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| |||||||
1 | (Text of Section after amendment by P.A. 96-1344 )
| ||||||
2 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
3 | Hardship cases.
| ||||||
4 | (a) Except as provided in this Section, the the Secretary | ||||||
5 | of State shall
immediately revoke the license, permit, or | ||||||
6 | driving privileges of
any driver upon receiving a
report of the | ||||||
7 | driver's conviction of any of the following offenses:
| ||||||
8 | 1. Reckless homicide resulting from the operation of a | ||||||
9 | motor vehicle;
| ||||||
10 | 2. Violation of Section 11-501 of this Code or a | ||||||
11 | similar provision of
a local ordinance relating to the | ||||||
12 | offense of operating or being in physical
control of a | ||||||
13 | vehicle while under the influence of alcohol, other drug or
| ||||||
14 | drugs, intoxicating compound or compounds, or any | ||||||
15 | combination thereof;
| ||||||
16 | 3. Any felony under the laws of any State or the | ||||||
17 | federal government
in the commission of which a motor | ||||||
18 | vehicle was used;
| ||||||
19 | 4. Violation of Section 11-401 of this Code relating to | ||||||
20 | the offense of
leaving the scene of a traffic accident | ||||||
21 | involving death or personal injury;
| ||||||
22 | 5. Perjury or the making of a false affidavit or | ||||||
23 | statement under
oath to the Secretary of State under this | ||||||
24 | Code or under any
other law relating to the ownership or | ||||||
25 | operation of motor vehicles;
| ||||||
26 | 6. Conviction upon 3 charges of violation of Section |
| |||||||
| |||||||
1 | 11-503 of this
Code relating to the offense of reckless | ||||||
2 | driving committed within a
period of 12 months;
| ||||||
3 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
4 | of this Code;
| ||||||
5 | 8. Violation of Section 11-504 of this Code relating to | ||||||
6 | the offense
of drag racing;
| ||||||
7 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
8 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
9 | 1961 arising from
the use of a motor vehicle;
| ||||||
10 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
11 | to aggravated
fleeing or attempting to elude a peace | ||||||
12 | officer;
| ||||||
13 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
14 | Section 6-507,
or a similar law of any other state, | ||||||
15 | relating to the
unlawful operation of a commercial motor | ||||||
16 | vehicle;
| ||||||
17 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
18 | this Code or a
similar provision of a local ordinance if | ||||||
19 | the driver has been previously
convicted of a violation of | ||||||
20 | that Section or a similar provision of a local
ordinance | ||||||
21 | and the driver was less than 21 years of age at the time of | ||||||
22 | the
offense;
| ||||||
23 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
24 | this Code or a similar provision of a local ordinance | ||||||
25 | relating to the offense of street racing;
| ||||||
26 | 15. A second or subsequent conviction of driving while |
| |||||||
| |||||||
1 | the person's driver's license, permit or privileges was | ||||||
2 | revoked for reckless homicide or a similar out-of-state | ||||||
3 | offense; | ||||||
4 | 16. Any offense against any provision in this
the | ||||||
5 | Illinois
Vehicle Code, or any local ordinance, regulating | ||||||
6 | the
movement of traffic , when that offense was the | ||||||
7 | proximate cause of the death of any person. Any person | ||||||
8 | whose driving privileges have been revoked pursuant to this | ||||||
9 | paragraph may seek to have the revocation terminated or to | ||||||
10 | have the length of revocation reduced , by requesting an | ||||||
11 | administrative hearing with the Secretary of State prior to | ||||||
12 | the projected driver's license application eligibility | ||||||
13 | date. | ||||||
14 | (b) The Secretary of State shall also immediately revoke | ||||||
15 | the license
or permit of any driver in the following | ||||||
16 | situations:
| ||||||
17 | 1. Of any minor upon receiving the notice provided for | ||||||
18 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
19 | minor has been
adjudicated under that Act as having | ||||||
20 | committed an offense relating to
motor vehicles prescribed | ||||||
21 | in Section 4-103 of this Code;
| ||||||
22 | 2. Of any person when any other law of this State | ||||||
23 | requires either the
revocation or suspension of a license | ||||||
24 | or permit;
| ||||||
25 | 3. Of any person adjudicated under the Juvenile Court | ||||||
26 | Act of 1987 based on an offense determined to have been |
| |||||||
| |||||||
1 | committed in furtherance of the criminal activities of an | ||||||
2 | organized gang as provided in Section 5-710 of that Act, | ||||||
3 | and that involved the operation or use of a motor vehicle | ||||||
4 | or the use of a driver's license or permit. The revocation | ||||||
5 | shall remain in effect for the period determined by the | ||||||
6 | court. Upon the direction of the court, the Secretary shall | ||||||
7 | issue the person a judicial driving permit, also known as a | ||||||
8 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
9 | issued under Section 6-206.1, except that the court may | ||||||
10 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
11 | effective immediately.
| ||||||
12 | (c)(1) Whenever
Except as provided in subsection (c-5), | ||||||
13 | whenever a person is convicted of any of the offenses | ||||||
14 | enumerated in
this Section, the court may recommend and the | ||||||
15 | Secretary of State in his
discretion, without regard to whether | ||||||
16 | the recommendation is made by the
court may, upon application,
| ||||||
17 | issue to the person a
restricted driving permit granting the | ||||||
18 | privilege of driving a motor
vehicle between the petitioner's | ||||||
19 | residence and petitioner's place
of employment or within the | ||||||
20 | scope of the petitioner's employment related
duties, or to | ||||||
21 | allow the petitioner to transport himself or herself or a | ||||||
22 | family member
of the petitioner's household to a medical | ||||||
23 | facility for the receipt of necessary medical care or to allow | ||||||
24 | the
petitioner to transport himself or herself to and from | ||||||
25 | alcohol or drug remedial or rehabilitative activity | ||||||
26 | recommended by a licensed service provider, or to allow the
|
| |||||||
| |||||||
1 | petitioner to transport himself or herself or a family member | ||||||
2 | of the petitioner's household to classes, as a student, at an | ||||||
3 | accredited educational
institution, or to allow the petitioner | ||||||
4 | to transport children, elderly persons, or disabled persons who | ||||||
5 | do not hold driving privileges and are living in the | ||||||
6 | petitioner's household to and from daycare; if the petitioner | ||||||
7 | is able to demonstrate that no alternative means
of | ||||||
8 | transportation is reasonably available and that the petitioner | ||||||
9 | will not endanger
the public safety or welfare; provided that | ||||||
10 | the Secretary's discretion shall be
limited to cases where | ||||||
11 | undue hardship, as defined by the rules of the Secretary of | ||||||
12 | State, would result from a failure to issue the
restricted | ||||||
13 | driving permit. Those multiple offenders identified in | ||||||
14 | subdivision (b)4 of Section 6-208 of this Code, however, shall | ||||||
15 | not be eligible for the issuance of a restricted driving | ||||||
16 | permit.
| ||||||
17 | (2) If a person's license or permit is revoked or | ||||||
18 | suspended due to 2 or
more convictions of violating Section | ||||||
19 | 11-501 of this Code or a similar
provision of a local | ||||||
20 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
21 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
22 | other drugs is recited as an element of the offense, or a | ||||||
23 | similar out-of-state offense, or a combination of these | ||||||
24 | offenses, arising out
of separate occurrences, that | ||||||
25 | person, if issued a restricted driving permit,
may not | ||||||
26 | operate a vehicle unless it has been equipped with an |
| |||||||
| |||||||
1 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
2 | (3) If:
| ||||||
3 | (A) a person's license or permit is revoked or | ||||||
4 | suspended 2 or more
times within a 10 year period due | ||||||
5 | to any combination of: | ||||||
6 | (i)
a single conviction of violating Section
| ||||||
7 | 11-501 of this Code or a similar provision of a | ||||||
8 | local ordinance or a similar
out-of-state offense, | ||||||
9 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
10 | the use of alcohol or other drugs is recited as an | ||||||
11 | element of the offense, or a similar out-of-state | ||||||
12 | offense; or | ||||||
13 | (ii)
a statutory summary suspension or | ||||||
14 | revocation under Section
11-501.1; or | ||||||
15 | (iii)
a suspension pursuant to Section | ||||||
16 | 6-203.1;
| ||||||
17 | arising out of
separate occurrences; or | ||||||
18 | (B)
a person has been convicted of one violation of | ||||||
19 | Section 6-303 of this Code committed while his or her | ||||||
20 | driver's license, permit, or privilege was revoked | ||||||
21 | because of a violation of Section 9-3 of the Criminal | ||||||
22 | Code of 1961, relating to the offense of reckless | ||||||
23 | homicide where the use of alcohol or other drugs was | ||||||
24 | recited as an element of the offense, or a similar | ||||||
25 | provision of a law of another state;
| ||||||
26 | that person, if issued a restricted
driving permit, may not |
| |||||||
| |||||||
1 | operate a vehicle unless it has been equipped with an
| ||||||
2 | ignition interlock device as defined in Section 1-129.1. | ||||||
3 | (4)
The person issued a permit conditioned on the use | ||||||
4 | of an ignition interlock device must pay to the Secretary | ||||||
5 | of State DUI Administration Fund an amount
not to exceed | ||||||
6 | $30 per month. The Secretary shall establish by rule the | ||||||
7 | amount
and the procedures, terms, and conditions relating | ||||||
8 | to these fees. | ||||||
9 | (5)
If the restricted driving permit is issued for | ||||||
10 | employment purposes, then
the prohibition against | ||||||
11 | operating a motor vehicle that is not equipped with an | ||||||
12 | ignition interlock device does not apply to the operation | ||||||
13 | of an occupational vehicle
owned or leased by that person's | ||||||
14 | employer when used solely for employment purposes. | ||||||
15 | (6)
In each case the Secretary of State may issue a
| ||||||
16 | restricted driving permit for a period he deems | ||||||
17 | appropriate, except that the
permit shall expire within one | ||||||
18 | year from the date of issuance. The Secretary
may not, | ||||||
19 | however, issue a restricted driving permit to any person | ||||||
20 | whose current
revocation is the result of a second or | ||||||
21 | subsequent conviction for a violation
of Section 11-501 of | ||||||
22 | this Code or a similar provision of a local ordinance
or | ||||||
23 | any similar out-of-state offense, or Section 9-3 of the | ||||||
24 | Criminal Code of 1961, where the use of alcohol or other | ||||||
25 | drugs is recited as an element of the offense, or any | ||||||
26 | similar out-of-state offense, or any combination of these |
| |||||||
| |||||||
1 | offenses, until the expiration of at least one year from | ||||||
2 | the date of the
revocation. A restricted
driving permit | ||||||
3 | issued under this Section shall be
subject to cancellation, | ||||||
4 | revocation, and suspension by the Secretary of
State in | ||||||
5 | like manner and for like cause as a driver's license issued
| ||||||
6 | under this Code may be cancelled, revoked, or
suspended; | ||||||
7 | except that a conviction upon one or more offenses against | ||||||
8 | laws or
ordinances regulating the movement of traffic shall | ||||||
9 | be deemed sufficient cause
for the revocation, suspension, | ||||||
10 | or cancellation of a restricted driving permit.
The | ||||||
11 | Secretary of State may, as a condition to the issuance of a | ||||||
12 | restricted
driving permit, require the petitioner to | ||||||
13 | participate in a designated driver
remedial or | ||||||
14 | rehabilitative program. The Secretary of State is | ||||||
15 | authorized to
cancel a restricted driving permit if the | ||||||
16 | permit holder does not successfully
complete the program. | ||||||
17 | However, if an individual's driving privileges have been
| ||||||
18 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
19 | of this Section, no
restricted driving permit shall be | ||||||
20 | issued until the individual has served 6
months of the | ||||||
21 | revocation period.
| ||||||
22 | (c-5) (Blank).
| ||||||
23 | (c-6) If a person is convicted of a second violation of | ||||||
24 | operating a motor vehicle while the person's driver's license, | ||||||
25 | permit or privilege was revoked, where the revocation was for a | ||||||
26 | violation of Section 9-3 of the Criminal Code of 1961 relating |
| |||||||
| |||||||
1 | to the offense of reckless homicide or a similar out-of-state | ||||||
2 | offense, the person's driving privileges shall be revoked | ||||||
3 | pursuant to subdivision (a)(15) of this Section. The person may | ||||||
4 | not make application for a license or permit until the | ||||||
5 | expiration of five years from the effective date of the | ||||||
6 | revocation or the expiration of five years from the date of | ||||||
7 | release from a term of imprisonment, whichever is later. | ||||||
8 | (c-7) If a person is convicted of a third or subsequent | ||||||
9 | violation of operating a motor vehicle while the person's | ||||||
10 | driver's license, permit or privilege was revoked, where the | ||||||
11 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
12 | Code of 1961 relating to the offense of reckless homicide or a | ||||||
13 | similar out-of-state offense, the person may never apply for a | ||||||
14 | license or permit. | ||||||
15 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
16 | under Section
11-501 of this Code or a similar provision of a | ||||||
17 | local ordinance or a similar out-of-state offense, the
| ||||||
18 | Secretary of State shall revoke the driving privileges of that | ||||||
19 | person. One
year after the date of revocation, and upon | ||||||
20 | application, the Secretary of
State may, if satisfied that the | ||||||
21 | person applying will not endanger the
public safety or welfare, | ||||||
22 | issue a restricted driving permit granting the
privilege of | ||||||
23 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
24 | p.m. or as otherwise provided by this Section for a period of | ||||||
25 | one year.
After this one year period, and upon reapplication | ||||||
26 | for a license as
provided in Section 6-106, upon payment of the |
| |||||||
| |||||||
1 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
2 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
3 | reinstate the petitioner's driver's license and driving | ||||||
4 | privileges, or extend the restricted driving permit as many | ||||||
5 | times as the
Secretary of State deems appropriate, by | ||||||
6 | additional periods of not more than
12 months each.
| ||||||
7 | (2) If a person's license or permit is revoked or | ||||||
8 | suspended due to 2 or
more convictions of violating Section | ||||||
9 | 11-501 of this Code or a similar
provision of a local | ||||||
10 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
11 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
12 | other drugs is recited as an element of the offense, or a | ||||||
13 | similar out-of-state offense, or a combination of these | ||||||
14 | offenses, arising out
of separate occurrences, that | ||||||
15 | person, if issued a restricted driving permit,
may not | ||||||
16 | operate a vehicle unless it has been equipped with an | ||||||
17 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
18 | (3) If a person's license or permit is revoked or | ||||||
19 | suspended 2 or more times
within a 10 year period due to | ||||||
20 | any combination of: | ||||||
21 | (A) a single conviction of violating Section | ||||||
22 | 11-501
of this
Code or a similar provision of a local | ||||||
23 | ordinance or a similar out-of-state
offense, or | ||||||
24 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
25 | of alcohol or other drugs is recited as an element of | ||||||
26 | the offense, or a similar out-of-state offense; or |
| |||||||
| |||||||
1 | (B)
a statutory summary suspension or revocation | ||||||
2 | under Section 11-501.1; or | ||||||
3 | (C) a suspension pursuant to Section 6-203.1; | ||||||
4 | arising out of separate occurrences, that person, if issued | ||||||
5 | a
restricted
driving permit, may not operate a vehicle | ||||||
6 | unless it has been equipped with an
ignition interlock | ||||||
7 | device as defined in Section 1-129.1. | ||||||
8 | (4)
The person issued a permit conditioned upon the use | ||||||
9 | of an interlock device must pay to the Secretary of State | ||||||
10 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
11 | month. The Secretary shall establish by rule the amount
and | ||||||
12 | the procedures, terms, and conditions relating to these | ||||||
13 | fees. | ||||||
14 | (5)
If the restricted driving permit is issued for | ||||||
15 | employment purposes, then
the prohibition against driving | ||||||
16 | a vehicle that is not equipped with an ignition interlock | ||||||
17 | device does not apply to the operation of an occupational | ||||||
18 | vehicle
owned or leased by that person's employer when used | ||||||
19 | solely for employment purposes. | ||||||
20 | (6) A
restricted driving permit issued under this | ||||||
21 | Section shall be subject to
cancellation, revocation, and | ||||||
22 | suspension by the Secretary of State in like
manner and for | ||||||
23 | like cause as a driver's license issued under this Code may | ||||||
24 | be
cancelled, revoked, or suspended; except that a | ||||||
25 | conviction upon one or more
offenses against laws or | ||||||
26 | ordinances regulating the movement of traffic
shall be |
| |||||||
| |||||||
1 | deemed sufficient cause for the revocation, suspension, or
| ||||||
2 | cancellation of a restricted driving permit.
| ||||||
3 | (d-5) The revocation of the license, permit, or driving | ||||||
4 | privileges of a person convicted of a third or subsequent | ||||||
5 | violation of Section 6-303 of this Code committed while his or | ||||||
6 | her driver's license, permit, or privilege was revoked because | ||||||
7 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
8 | relating to the offense of reckless homicide, or a similar | ||||||
9 | provision of a law of another state, is permanent. The | ||||||
10 | Secretary may not, at any time, issue a license or permit to | ||||||
11 | that person.
| ||||||
12 | (e) This Section is subject to the provisions of the Driver | ||||||
13 | License
Compact.
| ||||||
14 | (f) Any revocation imposed upon any person under | ||||||
15 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
16 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
17 | period of time.
| ||||||
18 | (g) The Secretary of State shall not issue a restricted | ||||||
19 | driving permit to
a person under the age of 16 years whose | ||||||
20 | driving privileges have been revoked
under any provisions of | ||||||
21 | this Code.
| ||||||
22 | (h) The Secretary of State shall require the use of | ||||||
23 | ignition interlock
devices on all vehicles owned by a person | ||||||
24 | who has been convicted of a
second or subsequent offense under | ||||||
25 | Section 11-501 of this Code or a similar
provision of a local | ||||||
26 | ordinance. The person must pay to the Secretary of State DUI |
| |||||||
| |||||||
1 | Administration Fund an amount not to exceed $30 for each month | ||||||
2 | that he or she uses the device. The Secretary shall establish | ||||||
3 | by rule and
regulation the procedures for certification and use | ||||||
4 | of the interlock
system, the amount of the fee, and the | ||||||
5 | procedures, terms, and conditions relating to these fees.
| ||||||
6 | (i) (Blank).
| ||||||
7 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
8 | State may not issue a restricted driving permit for the | ||||||
9 | operation of a commercial motor vehicle to a person holding a | ||||||
10 | CDL whose driving privileges have been revoked, suspended, | ||||||
11 | cancelled, or disqualified under any provisions of this Code.
| ||||||
12 | (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | ||||||
13 | eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | ||||||
14 | eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | ||||||
15 | 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11; 96-1305, eff. | ||||||
16 | 1-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.)
|