93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4146

 

Introduced 1/21/2004, by Sidney H. Mathias

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-206   from Ch. 95 1/2, par. 6-206
625 ILCS 5/11-1429 new

    Amends the Illinois Vehicle Code. Creates the offense of theft of motor fuel, a Class A misdemeanor punishable by a minimum fine of $250 or 30 days of community service. Provides that a person commits the offense when he or she knowingly operates a vehicle so as to cause it to leave the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of the vehicle unless that person or some other person has paid for or charged the price of the dispensed motor fuel. Provides that a second violation shall cause the person's driver's license to be suspended for 6 months and that a third or subsequent violation shall result in a one-year suspension.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4146 LRB093 16707 DRH 42358 b

1     AN ACT in relation to the operation of motor vehicles.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 6-206 and adding Section 11-1429 as follows:
 
6     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
7     Sec. 6-206. Discretionary authority to suspend or revoke
8 license or permit; Right to a hearing.
9     (a) The Secretary of State is authorized to suspend or
10 revoke the driving privileges of any person without preliminary
11 hearing upon a showing of the person's records or other
12 sufficient evidence that the person:
13         1. Has committed an offense for which mandatory
14     revocation of a driver's license or permit is required upon
15     conviction;
16         2. Has been convicted of not less than 3 offenses
17     against traffic regulations governing the movement of
18     vehicles committed within any 12 month period. No
19     revocation or suspension shall be entered more than 6
20     months after the date of last conviction;
21         3. Has been repeatedly involved as a driver in motor
22     vehicle collisions or has been repeatedly convicted of
23     offenses against laws and ordinances regulating the
24     movement of traffic, to a degree that indicates lack of
25     ability to exercise ordinary and reasonable care in the
26     safe operation of a motor vehicle or disrespect for the
27     traffic laws and the safety of other persons upon the
28     highway;
29         4. Has by the unlawful operation of a motor vehicle
30     caused or contributed to an accident resulting in death or
31     injury requiring immediate professional treatment in a
32     medical facility or doctor's office to any person, except

 

 

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1     that any suspension or revocation imposed by the Secretary
2     of State under the provisions of this subsection shall
3     start no later than 6 months after being convicted of
4     violating a law or ordinance regulating the movement of
5     traffic, which violation is related to the accident, or
6     shall start not more than one year after the date of the
7     accident, whichever date occurs later;
8         5. Has permitted an unlawful or fraudulent use of a
9     driver's license, identification card, or permit;
10         6. Has been lawfully convicted of an offense or
11     offenses in another state, including the authorization
12     contained in Section 6-203.1, which if committed within
13     this State would be grounds for suspension or revocation;
14         7. Has refused or failed to submit to an examination
15     provided for by Section 6-207 or has failed to pass the
16     examination;
17         8. Is ineligible for a driver's license or permit under
18     the provisions of Section 6-103;
19         9. Has made a false statement or knowingly concealed a
20     material fact or has used false information or
21     identification in any application for a license,
22     identification card, or permit;
23         10. Has possessed, displayed, or attempted to
24     fraudulently use any license, identification card, or
25     permit not issued to the person;
26         11. Has operated a motor vehicle upon a highway of this
27     State when the person's driving privilege or privilege to
28     obtain a driver's license or permit was revoked or
29     suspended unless the operation was authorized by a judicial
30     driving permit, probationary license to drive, or a
31     restricted driving permit issued under this Code;
32         12. Has submitted to any portion of the application
33     process for another person or has obtained the services of
34     another person to submit to any portion of the application
35     process for the purpose of obtaining a license,
36     identification card, or permit for some other person;

 

 

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1         13. Has operated a motor vehicle upon a highway of this
2     State when the person's driver's license or permit was
3     invalid under the provisions of Sections 6-107.1 and 6-110;
4         14. Has committed a violation of Section 6-301,
5     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
6     of the Illinois Identification Card Act;
7         15. Has been convicted of violating Section 21-2 of the
8     Criminal Code of 1961 relating to criminal trespass to
9     vehicles in which case, the suspension shall be for one
10     year;
11         16. Has been convicted of violating Section 11-204 of
12     this Code relating to fleeing from a peace officer;
13         17. Has refused to submit to a test, or tests, as
14     required under Section 11-501.1 of this Code and the person
15     has not sought a hearing as provided for in Section
16     11-501.1;
17         18. Has, since issuance of a driver's license or
18     permit, been adjudged to be afflicted with or suffering
19     from any mental disability or disease;
20         19. Has committed a violation of paragraph (a) or (b)
21     of Section 6-101 relating to driving without a driver's
22     license;
23         20. Has been convicted of violating Section 6-104
24     relating to classification of driver's license;
25         21. Has been convicted of violating Section 11-402 of
26     this Code relating to leaving the scene of an accident
27     resulting in damage to a vehicle in excess of $1,000, in
28     which case the suspension shall be for one year;
29         22. Has used a motor vehicle in violating paragraph
30     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
31     the Criminal Code of 1961 relating to unlawful use of
32     weapons, in which case the suspension shall be for one
33     year;
34         23. Has, as a driver, been convicted of committing a
35     violation of paragraph (a) of Section 11-502 of this Code
36     for a second or subsequent time within one year of a

 

 

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1     similar violation;
2         24. Has been convicted by a court-martial or punished
3     by non-judicial punishment by military authorities of the
4     United States at a military installation in Illinois of or
5     for a traffic related offense that is the same as or
6     similar to an offense specified under Section 6-205 or
7     6-206 of this Code;
8         25. Has permitted any form of identification to be used
9     by another in the application process in order to obtain or
10     attempt to obtain a license, identification card, or
11     permit;
12         26. Has altered or attempted to alter a license or has
13     possessed an altered license, identification card, or
14     permit;
15         27. Has violated Section 6-16 of the Liquor Control Act
16     of 1934;
17         28. Has been convicted of the illegal possession, while
18     operating or in actual physical control, as a driver, of a
19     motor vehicle, of any controlled substance prohibited
20     under the Illinois Controlled Substances Act or any
21     cannabis prohibited under the provisions of the Cannabis
22     Control Act, in which case the person's driving privileges
23     shall be suspended for one year, and any driver who is
24     convicted of a second or subsequent offense, within 5 years
25     of a previous conviction, for the illegal possession, while
26     operating or in actual physical control, as a driver, of a
27     motor vehicle, of any controlled substance prohibited
28     under the provisions of the Illinois Controlled Substances
29     Act or any cannabis prohibited under the Cannabis Control
30     Act shall be suspended for 5 years. Any defendant found
31     guilty of this offense while operating a motor vehicle,
32     shall have an entry made in the court record by the
33     presiding judge that this offense did occur while the
34     defendant was operating a motor vehicle and order the clerk
35     of the court to report the violation to the Secretary of
36     State;

 

 

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1         29. Has been convicted of the following offenses that
2     were committed while the person was operating or in actual
3     physical control, as a driver, of a motor vehicle: criminal
4     sexual assault, predatory criminal sexual assault of a
5     child, aggravated criminal sexual assault, criminal sexual
6     abuse, aggravated criminal sexual abuse, juvenile pimping,
7     soliciting for a juvenile prostitute and the manufacture,
8     sale or delivery of controlled substances or instruments
9     used for illegal drug use or abuse in which case the
10     driver's driving privileges shall be suspended for one
11     year;
12         30. Has been convicted a second or subsequent time for
13     any combination of the offenses named in paragraph 29 of
14     this subsection, in which case the person's driving
15     privileges shall be suspended for 5 years;
16         31. Has refused to submit to a test as required by
17     Section 11-501.6 or has submitted to a test resulting in an
18     alcohol concentration of 0.08 or more or any amount of a
19     drug, substance, or compound resulting from the unlawful
20     use or consumption of cannabis as listed in the Cannabis
21     Control Act, a controlled substance as listed in the
22     Illinois Controlled Substances Act, or an intoxicating
23     compound as listed in the Use of Intoxicating Compounds
24     Act, in which case the penalty shall be as prescribed in
25     Section 6-208.1;
26         32. Has been convicted of Section 24-1.2 of the
27     Criminal Code of 1961 relating to the aggravated discharge
28     of a firearm if the offender was located in a motor vehicle
29     at the time the firearm was discharged, in which case the
30     suspension shall be for 3 years;
31         33. Has as a driver, who was less than 21 years of age
32     on the date of the offense, been convicted a first time of
33     a violation of paragraph (a) of Section 11-502 of this Code
34     or a similar provision of a local ordinance;
35         34. Has committed a violation of Section 11-1301.5 of
36     this Code;

 

 

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1         35. Has committed a violation of Section 11-1301.6 of
2     this Code;
3         36. Is under the age of 21 years at the time of arrest
4     and has been convicted of not less than 2 offenses against
5     traffic regulations governing the movement of vehicles
6     committed within any 24 month period. No revocation or
7     suspension shall be entered more than 6 months after the
8     date of last conviction;
9         37. Has committed a violation of subsection (c) of
10     Section 11-907 of this Code;
11         38. Has been convicted of a violation of Section 6-20
12     of the Liquor Control Act of 1934 or a similar provision of
13     a local ordinance; or
14         39. Has committed a second or subsequent violation of
15     Section 11-1201 of this Code; or .
16         40. Has committed a second or subsequent violation of
17     Section 11-1429 of this Code.
18     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
19 and 27 of this subsection, license means any driver's license,
20 any traffic ticket issued when the person's driver's license is
21 deposited in lieu of bail, a suspension notice issued by the
22 Secretary of State, a duplicate or corrected driver's license,
23 a probationary driver's license or a temporary driver's
24 license.
25     (b) If any conviction forming the basis of a suspension or
26 revocation authorized under this Section is appealed, the
27 Secretary of State may rescind or withhold the entry of the
28 order of suspension or revocation, as the case may be, provided
29 that a certified copy of a stay order of a court is filed with
30 the Secretary of State. If the conviction is affirmed on
31 appeal, the date of the conviction shall relate back to the
32 time the original judgment of conviction was entered and the 6
33 month limitation prescribed shall not apply.
34      (c) 1. Upon suspending or revoking the driver's license or
35     permit of any person as authorized in this Section, the
36     Secretary of State shall immediately notify the person in

 

 

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1     writing of the revocation or suspension. The notice to be
2     deposited in the United States mail, postage prepaid, to
3     the last known address of the person.
4         2. If the Secretary of State suspends the driver's
5     license of a person under subsection 2 of paragraph (a) of
6     this Section, a person's privilege to operate a vehicle as
7     an occupation shall not be suspended, provided an affidavit
8     is properly completed, the appropriate fee received, and a
9     permit issued prior to the effective date of the
10     suspension, unless 5 offenses were committed, at least 2 of
11     which occurred while operating a commercial vehicle in
12     connection with the driver's regular occupation. All other
13     driving privileges shall be suspended by the Secretary of
14     State. Any driver prior to operating a vehicle for
15     occupational purposes only must submit the affidavit on
16     forms to be provided by the Secretary of State setting
17     forth the facts of the person's occupation. The affidavit
18     shall also state the number of offenses committed while
19     operating a vehicle in connection with the driver's regular
20     occupation. The affidavit shall be accompanied by the
21     driver's license. Upon receipt of a properly completed
22     affidavit, the Secretary of State shall issue the driver a
23     permit to operate a vehicle in connection with the driver's
24     regular occupation only. Unless the permit is issued by the
25     Secretary of State prior to the date of suspension, the
26     privilege to drive any motor vehicle shall be suspended as
27     set forth in the notice that was mailed under this Section.
28     If an affidavit is received subsequent to the effective
29     date of this suspension, a permit may be issued for the
30     remainder of the suspension period.
31         The provisions of this subparagraph shall not apply to
32     any driver required to obtain a commercial driver's license
33     under Section 6-507 during the period of a disqualification
34     of commercial driving privileges under Section 6-514.
35         Any person who falsely states any fact in the affidavit
36     required herein shall be guilty of perjury under Section

 

 

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1     6-302 and upon conviction thereof shall have all driving
2     privileges revoked without further rights.
3         3. At the conclusion of a hearing under Section 2-118
4     of this Code, the Secretary of State shall either rescind
5     or continue an order of revocation or shall substitute an
6     order of suspension; or, good cause appearing therefor,
7     rescind, continue, change, or extend the order of
8     suspension. If the Secretary of State does not rescind the
9     order, the Secretary may upon application, to relieve undue
10     hardship, issue a restricted driving permit granting the
11     privilege of driving a motor vehicle between the
12     petitioner's residence and petitioner's place of
13     employment or within the scope of his employment related
14     duties, or to allow transportation for the petitioner, or a
15     household member of the petitioner's family, to receive
16     necessary medical care and if the professional evaluation
17     indicates, provide transportation for alcohol remedial or
18     rehabilitative activity, or for the petitioner to attend
19     classes, as a student, in an accredited educational
20     institution; if the petitioner is able to demonstrate that
21     no alternative means of transportation is reasonably
22     available and the petitioner will not endanger the public
23     safety or welfare.
24         If a person's license or permit has been revoked or
25     suspended due to 2 or more convictions of violating Section
26     11-501 of this Code or a similar provision of a local
27     ordinance or a similar out-of-state offense, arising out of
28     separate occurrences, that person, if issued a restricted
29     driving permit, may not operate a vehicle unless it has
30     been equipped with an ignition interlock device as defined
31     in Section 1-129.1.
32         If a person's license or permit has been revoked or
33     suspended 2 or more times within a 10 year period due to a
34     single conviction of violating Section 11-501 of this Code
35     or a similar provision of a local ordinance or a similar
36     out-of-state offense, and a statutory summary suspension

 

 

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1     under Section 11-501.1, or 2 or more statutory summary
2     suspensions, or combination of 2 offenses, or of an offense
3     and a statutory summary suspension, arising out of separate
4     occurrences, that person, if issued a restricted driving
5     permit, may not operate a vehicle unless it has been
6     equipped with an ignition interlock device as defined in
7     Section 1-129.1. The person must pay to the Secretary of
8     State DUI Administration Fund an amount not to exceed $20
9     per month. The Secretary shall establish by rule the amount
10     and the procedures, terms, and conditions relating to these
11     fees. If the restricted driving permit was issued for
12     employment purposes, then this provision does not apply to
13     the operation of an occupational vehicle owned or leased by
14     that person's employer. In each case the Secretary may
15     issue a restricted driving permit for a period deemed
16     appropriate, except that all permits shall expire within
17     one year from the date of issuance. The Secretary may not,
18     however, issue a restricted driving permit to any person
19     whose current revocation is the result of a second or
20     subsequent conviction for a violation of Section 11-501 of
21     this Code or a similar provision of a local ordinance
22     relating to the offense of operating or being in physical
23     control of a motor vehicle while under the influence of
24     alcohol, other drug or drugs, intoxicating compound or
25     compounds, or any similar out-of-state offense, or any
26     combination of those offenses, until the expiration of at
27     least one year from the date of the revocation. A
28     restricted driving permit issued under this Section shall
29     be subject to cancellation, revocation, and suspension by
30     the Secretary of State in like manner and for like cause as
31     a driver's license issued under this Code may be cancelled,
32     revoked, or suspended; except that a conviction upon one or
33     more offenses against laws or ordinances regulating the
34     movement of traffic shall be deemed sufficient cause for
35     the revocation, suspension, or cancellation of a
36     restricted driving permit. The Secretary of State may, as a

 

 

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1     condition to the issuance of a restricted driving permit,
2     require the applicant to participate in a designated driver
3     remedial or rehabilitative program. The Secretary of State
4     is authorized to cancel a restricted driving permit if the
5     permit holder does not successfully complete the program.
6     (c-5) The Secretary of State may, as a condition of the
7 reissuance of a driver's license or permit to an applicant
8 whose driver's license or permit has been suspended before he
9 or she reached the age of 18 years pursuant to any of the
10 provisions of this Section, require the applicant to
11 participate in a driver remedial education course and be
12 retested under Section 6-109 of this Code.
13     (d) This Section is subject to the provisions of the
14 Drivers License Compact.
15     (e) The Secretary of State shall not issue a restricted
16 driving permit to a person under the age of 16 years whose
17 driving privileges have been suspended or revoked under any
18 provisions of this Code.
19 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
20 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 92-804, eff.
21 1-1-03; 92-814, eff. 1-1-03; 93-120, eff. 1-1-04.)
 
22     (625 ILCS 5/11-1429 new)
23     Sec. 11-1429. Theft of motor fuel.
24     (a) No person may knowingly operate a vehicle so as to
25 cause it to leave the premises of an establishment at which
26 motor fuel offered for retail sale was dispensed into the fuel
27 tank of the vehicle unless that person or some other person has
28 paid for or charged the price of the dispensed motor fuel.
29     (b) Violation of this Section is a Class A misdemeanor
30 punishable by a minimum fine of $250 or 30 hours of community
31 service.
32     (c) A second violation of this Section shall cause the
33 person's driver's license to be suspended for 6 months. A third
34 or subsequent violation of this Section shall result in a
35 one-year suspension.