Sen. John M. Sullivan

Filed: 4/9/2008

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2713

2     AMENDMENT NO. ______. Amend Senate Bill 2713 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Vehicle Code is amended by
5 changing Section 6-206 as follows:
 
6     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
7     (Text of Section after amendment by P.A. 95-400)
8     Sec. 6-206. Discretionary authority to suspend or revoke
9 license or permit; Right to a hearing.
10     (a) The Secretary of State is authorized to suspend or
11 revoke the driving privileges of any person without preliminary
12 hearing upon a showing of the person's records or other
13 sufficient evidence that the person:
14         1. Has committed an offense for which mandatory
15     revocation of a driver's license or permit is required upon
16     conviction;

 

 

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1         2. Has been convicted of not less than 3 offenses
2     against traffic regulations governing the movement of
3     vehicles committed within any 12 month period. No
4     revocation or suspension shall be entered more than 6
5     months after the date of last conviction;
6         3. Has been repeatedly involved as a driver in motor
7     vehicle collisions or has been repeatedly convicted of
8     offenses against laws and ordinances regulating the
9     movement of traffic, to a degree that indicates lack of
10     ability to exercise ordinary and reasonable care in the
11     safe operation of a motor vehicle or disrespect for the
12     traffic laws and the safety of other persons upon the
13     highway;
14         4. Has by the unlawful operation of a motor vehicle
15     caused or contributed to an accident resulting in death or
16     injury requiring immediate professional treatment in a
17     medical facility or doctor's office to any person, except
18     that any suspension or revocation imposed by the Secretary
19     of State under the provisions of this subsection shall
20     start no later than 6 months after being convicted of
21     violating a law or ordinance regulating the movement of
22     traffic, which violation is related to the accident, or
23     shall start not more than one year after the date of the
24     accident, whichever date occurs later;
25         5. Has permitted an unlawful or fraudulent use of a
26     driver's license, identification card, or permit;

 

 

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1         6. Has been lawfully convicted of an offense or
2     offenses in another state, including the authorization
3     contained in Section 6-203.1, which if committed within
4     this State would be grounds for suspension or revocation;
5         7. Has refused or failed to submit to an examination
6     provided for by Section 6-207 or has failed to pass the
7     examination;
8         8. Is ineligible for a driver's license or permit under
9     the provisions of Section 6-103;
10         9. Has made a false statement or knowingly concealed a
11     material fact or has used false information or
12     identification in any application for a license,
13     identification card, or permit;
14         10. Has possessed, displayed, or attempted to
15     fraudulently use any license, identification card, or
16     permit not issued to the person;
17         11. Has operated a motor vehicle upon a highway of this
18     State when the person's driving privilege or privilege to
19     obtain a driver's license or permit was revoked or
20     suspended unless the operation was authorized by a
21     monitoring device driving permit, judicial driving permit
22     issued prior to January 1, 2009 the effective date of this
23     amendatory Act of the 95th General Assembly, probationary
24     license to drive, or a restricted driving permit issued
25     under this Code;
26         12. Has submitted to any portion of the application

 

 

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1     process for another person or has obtained the services of
2     another person to submit to any portion of the application
3     process for the purpose of obtaining a license,
4     identification card, or permit for some other person;
5         13. Has operated a motor vehicle upon a highway of this
6     State when the person's driver's license or permit was
7     invalid under the provisions of Sections 6-107.1 and 6-110;
8         14. Has committed a violation of Section 6-301,
9     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
10     of the Illinois Identification Card Act;
11         15. Has been convicted of violating Section 21-2 of the
12     Criminal Code of 1961 relating to criminal trespass to
13     vehicles in which case, the suspension shall be for one
14     year;
15         16. Has been convicted of violating Section 11-204 of
16     this Code relating to fleeing from a peace officer;
17         17. Has refused to submit to a test, or tests, as
18     required under Section 11-501.1 of this Code and the person
19     has not sought a hearing as provided for in Section
20     11-501.1;
21         18. Has, since issuance of a driver's license or
22     permit, been adjudged to be afflicted with or suffering
23     from any mental disability or disease;
24         19. Has committed a violation of paragraph (a) or (b)
25     of Section 6-101 relating to driving without a driver's
26     license;

 

 

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1         20. Has been convicted of violating Section 6-104
2     relating to classification of driver's license;
3         21. Has been convicted of violating Section 11-402 of
4     this Code relating to leaving the scene of an accident
5     resulting in damage to a vehicle in excess of $1,000, in
6     which case the suspension shall be for one year;
7         22. Has used a motor vehicle in violating paragraph
8     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
9     the Criminal Code of 1961 relating to unlawful use of
10     weapons, in which case the suspension shall be for one
11     year;
12         23. Has, as a driver, been convicted of committing a
13     violation of paragraph (a) of Section 11-502 of this Code
14     for a second or subsequent time within one year of a
15     similar violation;
16         24. Has been convicted by a court-martial or punished
17     by non-judicial punishment by military authorities of the
18     United States at a military installation in Illinois of or
19     for a traffic related offense that is the same as or
20     similar to an offense specified under Section 6-205 or
21     6-206 of this Code;
22         25. Has permitted any form of identification to be used
23     by another in the application process in order to obtain or
24     attempt to obtain a license, identification card, or
25     permit;
26         26. Has altered or attempted to alter a license or has

 

 

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1     possessed an altered license, identification card, or
2     permit;
3         27. Has violated Section 6-16 of the Liquor Control Act
4     of 1934;
5         28. Has been convicted of the illegal possession, while
6     operating or in actual physical control, as a driver, of a
7     motor vehicle, of any controlled substance prohibited
8     under the Illinois Controlled Substances Act, any cannabis
9     prohibited under the Cannabis Control Act, or any
10     methamphetamine prohibited under the Methamphetamine
11     Control and Community Protection Act, in which case the
12     person's driving privileges shall be suspended for one
13     year, and any driver who is convicted of a second or
14     subsequent offense, within 5 years of a previous
15     conviction, for the illegal possession, while operating or
16     in actual physical control, as a driver, of a motor
17     vehicle, of any controlled substance prohibited under the
18     Illinois Controlled Substances Act, any cannabis
19     prohibited under the Cannabis Control Act, or any
20     methamphetamine prohibited under the Methamphetamine
21     Control and Community Protection Act shall be suspended for
22     5 years. Any defendant found guilty of this offense while
23     operating a motor vehicle, shall have an entry made in the
24     court record by the presiding judge that this offense did
25     occur while the defendant was operating a motor vehicle and
26     order the clerk of the court to report the violation to the

 

 

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1     Secretary of State;
2         29. Has been convicted of the following offenses that
3     were committed while the person was operating or in actual
4     physical control, as a driver, of a motor vehicle: criminal
5     sexual assault, predatory criminal sexual assault of a
6     child, aggravated criminal sexual assault, criminal sexual
7     abuse, aggravated criminal sexual abuse, juvenile pimping,
8     soliciting for a juvenile prostitute and the manufacture,
9     sale or delivery of controlled substances or instruments
10     used for illegal drug use or abuse in which case the
11     driver's driving privileges shall be suspended for one
12     year;
13         30. Has been convicted a second or subsequent time for
14     any combination of the offenses named in paragraph 29 of
15     this subsection, in which case the person's driving
16     privileges shall be suspended for 5 years;
17         31. Has refused to submit to a test as required by
18     Section 11-501.6 or has submitted to a test resulting in an
19     alcohol concentration of 0.08 or more or any amount of a
20     drug, substance, or compound resulting from the unlawful
21     use or consumption of cannabis as listed in the Cannabis
22     Control Act, a controlled substance as listed in the
23     Illinois Controlled Substances Act, an intoxicating
24     compound as listed in the Use of Intoxicating Compounds
25     Act, or methamphetamine as listed in the Methamphetamine
26     Control and Community Protection Act, in which case the

 

 

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1     penalty shall be as prescribed in Section 6-208.1;
2         32. Has been convicted of Section 24-1.2 of the
3     Criminal Code of 1961 relating to the aggravated discharge
4     of a firearm if the offender was located in a motor vehicle
5     at the time the firearm was discharged, in which case the
6     suspension shall be for 3 years;
7         33. Has as a driver, who was less than 21 years of age
8     on the date of the offense, been convicted a first time of
9     a violation of paragraph (a) of Section 11-502 of this Code
10     or a similar provision of a local ordinance;
11         34. Has committed a violation of Section 11-1301.5 of
12     this Code;
13         35. Has committed a violation of Section 11-1301.6 of
14     this Code;
15         36. Is under the age of 21 years at the time of arrest
16     and has been convicted of not less than 2 offenses against
17     traffic regulations governing the movement of vehicles
18     committed within any 24 month period. No revocation or
19     suspension shall be entered more than 6 months after the
20     date of last conviction;
21         37. Has committed a violation of subsection (c) of
22     Section 11-907 of this Code that resulted in damage to the
23     property of another or the death or injury of another;
24         38. Has been convicted of a violation of Section 6-20
25     of the Liquor Control Act of 1934 or a similar provision of
26     a local ordinance;

 

 

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1         39. Has committed a second or subsequent violation of
2     Section 11-1201 of this Code;
3         40. Has committed a violation of subsection (a-1) of
4     Section 11-908 of this Code;
5         41. Has committed a second or subsequent violation of
6     Section 11-605.1 of this Code within 2 years of the date of
7     the previous violation, in which case the suspension shall
8     be for 90 days;
9         42. Has committed a violation of subsection (a-1) of
10     Section 11-1301.3 of this Code; or
11         43. Has received a disposition of court supervision for
12     a violation of subsection (a), (d), or (e) of Section 6-20
13     of the Liquor Control Act of 1934 or a similar provision of
14     a local ordinance, in which case the suspension shall be
15     for a period of 3 months; .
16         44. 43. Is under the age of 21 years at the time of
17     arrest and has been convicted of an offense against traffic
18     regulations governing the movement of vehicles after
19     having previously had his or her driving privileges been
20     suspended or revoked pursuant to subparagraph 36 of this
21     Section; or .
22         45. 43. Has, in connection with or during the course of
23     a formal hearing conducted under Section 2-118 of this
24     Code: (i) committed perjury; (ii) submitted fraudulent or
25     falsified documents; (iii) submitted documents that have
26     been materially altered; or (iv), submitted, as his or her

 

 

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1     own, documents that were in fact prepared or composed for
2     another person.
3     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
4 and 27 of this subsection, license means any driver's license,
5 any traffic ticket issued when the person's driver's license is
6 deposited in lieu of bail, a suspension notice issued by the
7 Secretary of State, a duplicate or corrected driver's license,
8 a probationary driver's license or a temporary driver's
9 license.
10     (b) If any conviction forming the basis of a suspension or
11 revocation authorized under this Section is appealed, the
12 Secretary of State may rescind or withhold the entry of the
13 order of suspension or revocation, as the case may be, provided
14 that a certified copy of a stay order of a court is filed with
15 the Secretary of State. If the conviction is affirmed on
16 appeal, the date of the conviction shall relate back to the
17 time the original judgment of conviction was entered and the 6
18 month limitation prescribed shall not apply.
19     (c) 1. Upon suspending or revoking the driver's license or
20 permit of any person as authorized in this Section, the
21 Secretary of State shall immediately notify the person in
22 writing of the revocation or suspension. The notice to be
23 deposited in the United States mail, postage prepaid, to the
24 last known address of the person.
25         2. If the Secretary of State suspends the driver's
26     license of a person under subsection 2 of paragraph (a) of

 

 

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1     this Section, a person's privilege to operate a vehicle as
2     an occupation shall not be suspended, provided an affidavit
3     is properly completed, the appropriate fee received, and a
4     permit issued prior to the effective date of the
5     suspension, unless 5 offenses were committed, at least 2 of
6     which occurred while operating a commercial vehicle in
7     connection with the driver's regular occupation. All other
8     driving privileges shall be suspended by the Secretary of
9     State. Any driver prior to operating a vehicle for
10     occupational purposes only must submit the affidavit on
11     forms to be provided by the Secretary of State setting
12     forth the facts of the person's occupation. The affidavit
13     shall also state the number of offenses committed while
14     operating a vehicle in connection with the driver's regular
15     occupation. The affidavit shall be accompanied by the
16     driver's license. Upon receipt of a properly completed
17     affidavit, the Secretary of State shall issue the driver a
18     permit to operate a vehicle in connection with the driver's
19     regular occupation only. Unless the permit is issued by the
20     Secretary of State prior to the date of suspension, the
21     privilege to drive any motor vehicle shall be suspended as
22     set forth in the notice that was mailed under this Section.
23     If an affidavit is received subsequent to the effective
24     date of this suspension, a permit may be issued for the
25     remainder of the suspension period.
26         The provisions of this subparagraph shall not apply to

 

 

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1     any driver required to possess a CDL for the purpose of
2     operating a commercial motor vehicle.
3         Any person who falsely states any fact in the affidavit
4     required herein shall be guilty of perjury under Section
5     6-302 and upon conviction thereof shall have all driving
6     privileges revoked without further rights.
7         3. At the conclusion of a hearing under Section 2-118
8     of this Code, the Secretary of State shall either rescind
9     or continue an order of revocation or shall substitute an
10     order of suspension; or, good cause appearing therefor,
11     rescind, continue, change, or extend the order of
12     suspension. If the Secretary of State does not rescind the
13     order, the Secretary may upon application, to relieve undue
14     hardship (as defined by the rules of the Secretary of
15     State), issue a restricted driving permit granting the
16     privilege of driving a motor vehicle between the
17     petitioner's residence and petitioner's place of
18     employment or within the scope of the petitioner's
19     employment related duties, or to allow transportation for
20     the petitioner, or a household member of the petitioner's
21     family, to receive necessary medical care, provide
22     transportation to and from alcohol or drug remedial or
23     rehabilitative activity recommended by a licensed service
24     provider, or for the petitioner to attend classes, as a
25     student, in an accredited educational institution. The
26     petitioner must demonstrate that no alternative means of

 

 

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1     transportation is reasonably available and that the
2     petitioner will not endanger the public safety or welfare.
3     Those multiple offenders identified in subdivision (b)4 of
4     Section 6-208 of this Code, however, shall not be eligible
5     for the issuance of a restricted driving permit.
6              (A) If a person's license or permit is revoked or
7         suspended due to 2 or more convictions of violating
8         Section 11-501 of this Code or a similar provision of a
9         local ordinance or a similar out-of-state offense, or
10         Section 9-3 of the Criminal Code of 1961, where the use
11         of alcohol or other drugs is recited as an element of
12         the offense, or a similar out-of-state offense, or a
13         combination of these offenses, arising out of separate
14         occurrences, that person, if issued a restricted
15         driving permit, may not operate a vehicle unless it has
16         been equipped with an ignition interlock device as
17         defined in Section 1-129.1.
18             (B) If a person's license or permit is revoked or
19         suspended 2 or more times within a 10 year period due
20         to any combination of:
21                 (i) a single conviction of violating Section
22             11-501 of this Code or a similar provision of a
23             local ordinance or a similar out-of-state offense
24             or Section 9-3 of the Criminal Code of 1961, where
25             the use of alcohol or other drugs is recited as an
26             element of the offense, or a similar out-of-state

 

 

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1             offense; or
2                 (ii) a statutory summary suspension under
3             Section 11-501.1; or
4                 (iii) a suspension under Section 6-203.1; ,
5         arising out of separate occurrences; , that person, if
6         issued a restricted driving permit, may not operate a
7         vehicle unless it has been equipped with an ignition
8         interlock device as defined in Section 1-129.1.
9             (C) The person must pay to the Secretary of State
10         DUI Administration Fund an amount not to exceed $20 per
11         month. The Secretary shall establish by rule the amount
12         and the procedures, terms, and conditions relating to
13         these fees.
14             (D) If the restricted driving permit is issued for
15         employment purposes, then the prohibition against
16         operating a motor vehicle that is not equipped with an
17         ignition interlock device does not apply to the
18         operation of an occupational vehicle owned or leased by
19         that person's employer when used solely for employment
20         purposes.
21             (E) In each case the Secretary may issue a
22         restricted driving permit for a period deemed
23         appropriate, except that all permits shall expire
24         within one year from the date of issuance. The
25         Secretary may not, however, issue a restricted driving
26         permit to any person whose current revocation is the

 

 

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1         result of a second or subsequent conviction for a
2         violation of Section 11-501 of this Code or a similar
3         provision of a local ordinance or any similar
4         out-of-state offense, or Section 9-3 of the Criminal
5         Code of 1961, where the use of alcohol or other drugs
6         is recited as an element of the offense, or any similar
7         out-of-state offense, or any combination of those
8         offenses, until the expiration of at least one year
9         from the date of the revocation. A restricted driving
10         permit issued under this Section shall be subject to
11         cancellation, revocation, and suspension by the
12         Secretary of State in like manner and for like cause as
13         a driver's license issued under this Code may be
14         cancelled, revoked, or suspended; except that a
15         conviction upon one or more offenses against laws or
16         ordinances regulating the movement of traffic shall be
17         deemed sufficient cause for the revocation,
18         suspension, or cancellation of a restricted driving
19         permit. The Secretary of State may, as a condition to
20         the issuance of a restricted driving permit, require
21         the applicant to participate in a designated driver
22         remedial or rehabilitative program. The Secretary of
23         State is authorized to cancel a restricted driving
24         permit if the permit holder does not successfully
25         complete the program.
26     (c-3) In the case of a suspension under paragraph 43 of

 

 

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1 subsection (a), reports received by the Secretary of State
2 under this Section shall, except during the actual time the
3 suspension is in effect, be privileged information and for use
4 only by the courts, police officers, prosecuting authorities,
5 the driver licensing administrator of any other state, or the
6 Secretary of State. However, beginning January 1, 2008, if the
7 person is a CDL holder, the suspension shall also be made
8 available to the driver licensing administrator of any other
9 state, the U.S. Department of Transportation, and the affected
10 driver or motor carrier or prospective motor carrier upon
11 request.
12     (c-4) In the case of a suspension under paragraph 43 of
13 subsection (a), the Secretary of State shall notify the person
14 by mail that his or her driving privileges and driver's license
15 will be suspended one month after the date of the mailing of
16 the notice.
17     (c-5) The Secretary of State may, as a condition of the
18 reissuance of a driver's license or permit to an applicant
19 whose driver's license or permit has been suspended before he
20 or she reached the age of 18 years pursuant to any of the
21 provisions of this Section, require the applicant to
22 participate in a driver remedial education course and be
23 retested under Section 6-109 of this Code.
24     (d) This Section is subject to the provisions of the
25 Drivers License Compact.
26     (e) The Secretary of State shall not issue a restricted

 

 

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1 driving permit to a person under the age of 16 years whose
2 driving privileges have been suspended or revoked under any
3 provisions of this Code.
4     (f) In accordance with 49 C.F.R. 384, the Secretary of
5 State may not issue a restricted driving permit for the
6 operation of a commercial motor vehicle to a person holding a
7 CDL whose driving privileges have been suspended, revoked,
8 cancelled, or disqualified under any provisions of this Code.
9 (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05;
10 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08;
11 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08;
12 revised 2-7-08.)".