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90_HB1738 625 ILCS 5/6-107 from Ch. 95 1/2, par. 6-107 625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206 Amends the Illinois Vehicle Code to provide that a person under 21 years of age who has been convicted for criminal defacement of property shall not be issued a license or permit or may have his or her driving privileges suspended until he or she has reached the age of 21 years. Effective immediately. LRB9002945NTsb LRB9002945NTsb 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 6-107 and 6-206. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Sections 6-107 and 6-206 as follows: 7 (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107) 8 Sec. 6-107. Applications of minors. The application of 9 any person under the age of 18 years, and not legally 10 emancipated by marriage, for a drivers license or permit to 11 operate a motor vehicle issued under the laws of this State, 12 shall be accompanied by the written consent of either parent 13 of the applicant; otherwise by the guardian having custody of 14 the applicant, or in the event there is no parent or 15 guardian, then by another responsible adult. 16 No drivers license shall be issued to any applicant under 17 18 years of age who is 16 years of age or more unless the 18 applicant has passed an approved driver education course as 19 defined in Section 1-103 of this Act, and submits such proof 20 of having passed the course as may be required by the 21 Secretary of State. 22 No driver's license or permit shall be issued to any 23 applicant under 18 years of age who has committed an offense 24 that would otherwise result in a mandatory revocation of a 25 license or permit as provided in Section 6-205 of this Code 26 or who has been either convicted of or adjudicated a 27 delinquent based upon a violation of the Cannabis Control Act 28 or the Illinois Controlled Substances Act, while that 29 individual was in actual physical control of a motor vehicle. 30 For purposes of this Section, any person placed on probation 31 under Section 10 of the Cannabis Control Act or Section 410 -2- LRB9002945NTsb 1 of the Illinois Controlled Substances Act shall not be 2 considered convicted. Any person found guilty of this 3 offense, while in actual physical control of a motor vehicle, 4 shall have an entry made in the court record by the judge 5 that this offense did occur while the person was in actual 6 physical control of a motor vehicle and order the clerk of 7 the court to report the violation to the Secretary of State 8 as such. 9 No driver's license or permit shall be issued to any 10 applicant under 21 years of age who has been convicted of 11 violating Section 21-1.3 of the Criminal Code of 1961, 12 relating to criminal defacement of property, until the 13 applicant has reached the age of 21 years. 14 (Source: P.A. 88-197.) 15 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 16 Sec. 6-206. Discretionary authority to suspend or revoke 17 license or permit; Right to a hearing. 18 (a) The Secretary of State is authorized to suspend or 19 revoke the driving privileges of any person without 20 preliminary hearing upon a showing of the person's records or 21 other sufficient evidence that the person: 22 1. Has committed an offense for which mandatory 23 revocation of a driver's license or permit is required 24 upon conviction; 25 2. Has been convicted of not less than 3 offenses 26 against traffic regulations governing the movement of 27 vehicles committed within any 12 month period. No 28 revocation or suspension shall be entered more than 6 29 months after the date of last conviction; 30 3. Has been repeatedly involved as a driver in 31 motor vehicle collisions or has been repeatedly convicted 32 of offenses against laws and ordinances regulating the 33 movement of traffic, to a degree that indicates lack of -3- LRB9002945NTsb 1 ability to exercise ordinary and reasonable care in the 2 safe operation of a motor vehicle or disrespect for the 3 traffic laws and the safety of other persons upon the 4 highway; 5 4. Has by the unlawful operation of a motor vehicle 6 caused or contributed to an accident resulting in death 7 or injury requiring immediate professional treatment in a 8 medical facility or doctor's office to any person, except 9 that any suspension or revocation imposed by the 10 Secretary of State under the provisions of this 11 subsection shall start no later than 6 months after being 12 convicted of violating a law or ordinance regulating the 13 movement of traffic, which violation is related to the 14 accident, or shall start not more than one year after the 15 date of the accident, whichever date occurs later; 16 5. Has permitted an unlawful or fraudulent use of a 17 driver's license, identification card, or permit; 18 6. Has been lawfully convicted of an offense or 19 offenses in another state, including the authorization 20 contained in Section 6-203.1, which if committed within 21 this State would be grounds for suspension or revocation; 22 7. Has refused or failed to submit to an 23 examination provided for by Section 6-207 or has failed 24 to pass the examination; 25 8. Is ineligible for a driver's license or permit 26 under the provisions of Section 6-103; 27 9. Has made a false statement or knowingly 28 concealed a material fact or has used false information 29 or identification in any application for a license, 30 identification card, or permit; 31 10. Has possessed, displayed, or attempted to 32 fraudulently use any license, identification card, or 33 permit not issued to the person; 34 11. Has operated a motor vehicle upon a highway of -4- LRB9002945NTsb 1 this State when the person's driving privilege or 2 privilege to obtain a driver's license or permit was 3 revoked or suspended unless the operation was authorized 4 by a judicial driving permit, probationary license to 5 drive, or a restricted driving permit issued under this 6 Code; 7 12. Has submitted to any portion of the application 8 process for another person or has obtained the services 9 of another person to submit to any portion of the 10 application process for the purpose of obtaining a 11 license, identification card, or permit for some other 12 person; 13 13. Has operated a motor vehicle upon a highway of 14 this State when the person's driver's license was invalid 15 under the provisions of Section 6-110. Provided that for 16 the first offense the Secretary of State may suspend the 17 driver's license for not more than 60 days, for the 18 second offense not more than 90 days, and for the third 19 offense not more than one year; 20 14. Has committed a violation of Section 6-301, 21 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 22 14B of the Illinois Identification Card Act; 23 15. Has been convicted of violating Section 21-2 of 24 the Criminal Code of 1961 relating to criminal trespass 25 to vehicles in which case, the suspension shall be for 26 one year; 27 16. Has been convicted of violating Section 11-204 28 of this Code relating to fleeing from a police officer; 29 17. Has refused to submit to a test, or tests, as 30 required under Section 11-501.1 of this Code and the 31 person has not sought a hearing as provided for in 32 Section 11-501.1; 33 18. Has, since issuance of a driver's license or 34 permit, been adjudged to be afflicted with or suffering -5- LRB9002945NTsb 1 from any mental disability or disease; 2 19. Has committed a violation of paragraph (a) or 3 (b) of Section 6-101 relating to driving without a 4 driver's license; 5 20. Has been convicted of violating Section 6-104 6 relating to classification of driver's license; 7 21. Has been convicted of violating Section 11-402 8 of this Code relating to leaving the scene of an accident 9 resulting in damage to a vehicle in excess of $1,000, in 10 which case the suspension shall be for one year; 11 22. Has used a motor vehicle in violating paragraph 12 (3), (4), (7), or (9) of subsection (a) of Section 24-1 13 of the Criminal Code of 1961 relating to unlawful use of 14 weapons, in which case the suspension shall be for one 15 year; 16 23. Has, as a driver, been convicted of committing 17 a violation of paragraph (a) of Section 11-502 of this 18 Code for a second or subsequent time within one year of a 19 similar violation; 20 24. Has been convicted by a court-martial or 21 punished by non-judicial punishment by military 22 authorities of the United States at a military 23 installation in Illinois of or for a traffic related 24 offense that is the same as or similar to an offense 25 specified under Section 6-205 or 6-206 of this Code; 26 25. Has permitted any form of identification to be 27 used by another in the application process in order to 28 obtain or attempt to obtain a license, identification 29 card, or permit; 30 26. Has altered or attempted to alter a license or 31 has possessed an altered license, identification card, or 32 permit; 33 27. Has violated Section 6-16 of the Liquor Control 34 Act of 1934; -6- LRB9002945NTsb 1 28. Has been convicted of the illegal possession, 2 while operating or in actual physical control, as a 3 driver, of a motor vehicle, of any controlled substance 4 prohibited under the Illinois Controlled Substances Act 5 or any cannabis prohibited under the provisions of the 6 Cannabis Control Act, in which case the person's driving 7 privileges shall be suspended for one year, and any 8 driver who is convicted of a second or subsequent 9 offense, within 5 years of a previous conviction, for the 10 illegal possession, while operating or in actual physical 11 control, as a driver, of a motor vehicle, of any 12 controlled substance prohibited under the provisions of 13 the Illinois Controlled Substances Act or any cannabis 14 prohibited under the Cannabis Control Act shall be 15 suspended for 5 years. Any defendant found guilty of this 16 offense while operating a motor vehicle, shall have an 17 entry made in the court record by the presiding judge 18 that this offense did occur while the defendant was 19 operating a motor vehicle and order the clerk of the 20 court to report the violation to the Secretary of State; 21 29. Has been convicted of the following offenses 22 that were committed while the person was operating or in 23 actual physical control, as a driver, of a motor vehicle: 24 criminal sexual assault, predatory criminal sexual 25 assault of a child, aggravated criminal sexual assault, 26 criminal sexual abuse, aggravated criminal sexual abuse, 27 juvenile pimping, soliciting for a juvenile prostitute 28 and the manufacture, sale or delivery of controlled 29 substances or instruments used for illegal drug use or 30 abuse in which case the driver's driving privileges shall 31 be suspended for one year; 32 30. Has been convicted a second or subsequent time 33 for any combination of the offenses named in paragraph 29 34 of this subsection, in which case the person's driving -7- LRB9002945NTsb 1 privileges shall be suspended for 5 years; 2 31. Beginning on January 1, 1991, has refused to 3 submit to a test as required by Section 11-501.6 or has 4 submitted to a test resulting in an alcohol concentration 5 of 0.10 or more or any amount of a drug, substance, or 6 compound resulting from the unlawful use or consumption 7 of cannabis as listed in the Cannabis Control Act or a 8 controlled substance as listed in the Illinois Controlled 9 Substances Act in which case the penalty shall be as 10 prescribed in Section 6-208.1; 11 32. Has been convicted of Section 24-1.2 of the 12 Criminal Code of 1961 relating to the aggravated 13 discharge of a firearm if the offender was located in a 14 motor vehicle at the time the firearm was discharged, in 15 which case the suspension shall be for 3 years;
or16 33. Has as a driver, who was less than 21 years of 17 age on the date of the offense, been convicted a first 18 time of a violation of paragraph (a) of Section 11-502 of 19 this Code or a similar provision of a local ordinance; 20 or .21 34. Has been convicted of violating Section 21-1.3 22 of the Criminal Code of 1961, relating to criminal 23 defacement of property, and is under 21 years of age, in 24 which case the person's driving privileges shall be 25 suspended until the person has reached the age of 21 26 years. 27 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 28 and 27 of this subsection, license means any driver's 29 license, any traffic ticket issued when the person's driver's 30 license is deposited in lieu of bail, a suspension notice 31 issued by the Secretary of State, a duplicate or corrected 32 driver's license, a probationary driver's license or a 33 temporary driver's license. 34 (b) If any conviction forming the basis of a suspension -8- LRB9002945NTsb 1 or revocation authorized under this Section is appealed, the 2 Secretary of State may rescind or withhold the entry of the 3 order of suspension or revocation, as the case may be, 4 provided that a certified copy of a stay order of a court is 5 filed with the Secretary of State. If the conviction is 6 affirmed on appeal, the date of the conviction shall relate 7 back to the time the original judgment of conviction was 8 entered and the 6 month limitation prescribed shall not 9 apply. 10 (c) 1. Upon suspending or revoking the driver's license 11 or permit of any person as authorized in this Section, 12 the Secretary of State shall immediately notify the 13 person in writing of the revocation or suspension. The 14 notice to be deposited in the United States mail, postage 15 prepaid, to the last known address of the person. 16 2. If the Secretary of State suspends the driver's 17 license of a person under subsection 2 of paragraph (a) 18 of this Section, a person's privilege to operate a 19 vehicle as an occupation shall not be suspended, provided 20 an affidavit is properly completed, the appropriate fee 21 received, and a permit issued prior to the effective date 22 of the suspension, unless 5 offenses were committed, at 23 least 2 of which occurred while operating a commercial 24 vehicle in connection with the driver's regular 25 occupation. All other driving privileges shall be 26 suspended by the Secretary of State. Any driver prior to 27 operating a vehicle for occupational purposes only must 28 submit the affidavit on forms to be provided by the 29 Secretary of State setting forth the facts of the 30 person's occupation. The affidavit shall also state the 31 number of offenses committed while operating a vehicle in 32 connection with the driver's regular occupation. The 33 affidavit shall be accompanied by the driver's license. 34 Upon receipt of a properly completed affidavit, the -9- LRB9002945NTsb 1 Secretary of State shall issue the driver a permit to 2 operate a vehicle in connection with the driver's regular 3 occupation only. Unless the permit is issued by the 4 Secretary of State prior to the date of suspension, the 5 privilege to drive any motor vehicle shall be suspended 6 as set forth in the notice that was mailed under this 7 Section. If an affidavit is received subsequent to the 8 effective date of this suspension, a permit may be issued 9 for the remainder of the suspension period. 10 The provisions of this subparagraph shall not apply 11 to any driver required to obtain a commercial driver's 12 license under Section 6-507 during the period of a 13 disqualification of commercial driving privileges under 14 Section 6-514. 15 Any person who falsely states any fact in the 16 affidavit required herein shall be guilty of perjury 17 under Section 6-302 and upon conviction thereof shall 18 have all driving privileges revoked without further 19 rights. 20 3. At the conclusion of a hearing under Section 21 2-118 of this Code, the Secretary of State shall either 22 rescind or continue an order of revocation or shall 23 substitute an order of suspension; or, good cause 24 appearing therefor, rescind, continue, change, or extend 25 the order of suspension. If the Secretary of State does 26 not rescind the order, the Secretary may upon 27 application, to relieve undue hardship, issue a 28 restricted driving permit granting the privilege of 29 driving a motor vehicle between the petitioner's 30 residence and petitioner's place of employment or within 31 the scope of his employment related duties, or to allow 32 transportation for the petitioner, or a household member 33 of the petitioner's family, to receive necessary medical 34 care and if the professional evaluation indicates, -10- LRB9002945NTsb 1 provide transportation for alcohol remedial or 2 rehabilitative activity, or for the petitioner to attend 3 classes, as a student, in an accredited educational 4 institution; if the petitioner is able to demonstrate 5 that no alternative means of transportation is reasonably 6 available and the petitioner will not endanger the public 7 safety or welfare. In each case the Secretary may issue a 8 restricted driving permit for a period deemed 9 appropriate, except that all permits shall expire within 10 one year from the date of issuance. A restricted driving 11 permit issued under this Section shall be subject to 12 cancellation, revocation, and suspension by the Secretary 13 of State in like manner and for like cause as a driver's 14 license issued under this Code may be cancelled, revoked, 15 or suspended; except that a conviction upon one or more 16 offenses against laws or ordinances regulating the 17 movement of traffic shall be deemed sufficient cause for 18 the revocation, suspension, or cancellation of a 19 restricted driving permit. The Secretary of State may, as 20 a condition to the issuance of a restricted driving 21 permit, require the applicant to participate in a 22 designated driver remedial or rehabilitative program. The 23 Secretary of State is authorized to cancel a restricted 24 driving permit if the permit holder does not successfully 25 complete the program. 26 (d) This Section is subject to the provisions of the 27 Drivers License Compact. 28 (Source: P.A. 88-45; 88-209; 88-211; 88-670, eff. 12-2-94; 29 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462, eff. 30 5-29-96.) 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.
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