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90_HB2509eng 625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205 625 ILCS 5/11-503.5 new Amends the Illinois Vehicle Code. Provides that a person who intentionally drives his or her vehicle in such a manner as to endanger the bodily safety or property of another driver, bicyclist, or pedestrian commits road rage. Penalty is a Class A misdemeanor. If the violation results in great bodily harm or permanent disfigurement to another, the offense is aggravated road rage and the penalty is a Class 4 felony. Provides that the Secretary of State shall revoke the driver's license of a person convicted of road rage or aggravated road rage. Effective July 1, 1998. LRB9008408RCpcA HB2509 Engrossed LRB9008408RCpcA 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 6-204, 6-205, and 6-206 and adding Sections 11-503.5 3 and 11-503.6. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Illinois Vehicle Code is amended by 7 changing Sections 6-204, 6-205, and 6-206 and adding Sections 8 11-503.5 and 11-503.6 as follows: 9 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204) 10 Sec. 6-204. When Court to forward License and Reports. 11 (a) For the purpose of providing to the Secretary of 12 State the records essential to the performance of the 13 Secretary's duties under this Code to cancel, revoke or 14 suspend the driver's license and privilege to drive motor 15 vehicles of persons found guilty of the criminal offenses or 16 traffic violations which this Code recognizes as evidence 17 relating to unfitness to safely operate motor vehicles, the 18 following duties are imposed upon public officials: 19 1. Whenever any person is convicted of any offense 20 for which this Code makes mandatory the cancellation or 21 revocation of the driver's license or permit of such 22 person by the Secretary of State, the judge of the court 23 in which such conviction is had shall require the 24 surrender to the clerk of the court of all driver's 25 licenses or permits then held by the person so convicted, 26 and the clerk of the court shall, within 10 days 27 thereafter, forward the same, together with a report of 28 such conviction, to the Secretary. 29 2. Whenever any person is convicted of any offense 30 under this Code or similar offenses under a municipal 31 ordinance, other than regulations governing standing, HB2509 Engrossed -2- LRB9008408RCpcA 1 parking or weights of vehicles, and excepting the 2 following enumerated Sections of this Code: Sections 3 11-1406 (obstruction to driver's view or control), 4 11-1407 (improper opening of door into traffic), 11-1410 5 (coasting on downgrade), 11-1411 (following fire 6 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 7 (driving vehicle which is in unsafe condition or 8 improperly equipped), 12-201(a) (daytime lights on 9 motorcycles), 12-202 (clearance, identification and side 10 marker lamps), 12-204 (lamp or flag on projecting load), 11 12-205 (failure to display the safety lights required), 12 12-401 (restrictions as to tire equipment), 12-502 13 (mirrors), 12-503 (windshields must be unobstructed and 14 equipped with wipers), 12-601 (horns and warning 15 devices), 12-602 (mufflers, prevention of noise or 16 smoke), 12-603 (seat safety belts), 12-702 (certain 17 vehicles to carry flares or other warning devices), 18 12-703 (vehicles for oiling roads operated on highways), 19 12-710 (splash guards and replacements), 13-101 (safety 20 tests), 15-101 (size, weight and load), 15-102 (width), 21 15-103 (height), 15-104 (name and address on second 22 division vehicles), 15-107 (length of vehicle), 15-109.1 23 (cover or tarpaulin), 15-111 (weights), 15-112 (weights), 24 15-301 (weights), 15-316 (weights), 15-318 (weights), and 25 also excepting the following enumerated Sections of the 26 Chicago Municipal Code: Sections 27-245 (following fire 27 apparatus), 27-254 (obstruction of traffic), 27-258 28 (driving vehicle which is in unsafe condition), 27-259 29 (coasting on downgrade), 27-264 (use of horns and signal 30 devices), 27-265 (obstruction to driver's view or driver 31 mechanism), 27-267 (dimming of headlights), 27-268 32 (unattended motor vehicle), 27-272 (illegal funeral 33 procession), 27-273 (funeral procession on boulevard), 34 27-275 (driving freighthauling vehicles on boulevard), HB2509 Engrossed -3- LRB9008408RCpcA 1 27-276 (stopping and standing of buses or taxicabs), 2 27-277 (cruising of public passenger vehicles), 27-305 3 (parallel parking), 27-306 (diagonal parking), 27-307 4 (parking not to obstruct traffic), 27-308 (stopping, 5 standing or parking regulated), 27-311 (parking 6 regulations), 27-312 (parking regulations), 27-313 7 (parking regulations), 27-314 (parking regulations), 8 27-315 (parking regulations), 27-316 (parking 9 regulations), 27-317 (parking regulations), 27-318 10 (parking regulations), 27-319 (parking regulations), 11 27-320 (parking regulations), 27-321 (parking 12 regulations), 27-322 (parking regulations), 27-324 13 (loading and unloading at an angle), 27-333 (wheel and 14 axle loads), 27-334 (load restrictions in the downtown 15 district), 27-335 (load restrictions in residential 16 areas), 27-338 (width of vehicles), 27-339 (height of 17 vehicles), 27-340 (length of vehicles), 27-352 18 (reflectors on trailers), 27-353 (mufflers), 27-354 19 (display of plates), 27-355 (display of city vehicle tax 20 sticker), 27-357 (identification of vehicles), 27-358 21 (projecting of loads), and also excepting the following 22 enumerated paragraphs of Section 2-201 of the Rules and 23 Regulations of the Illinois State Toll Highway Authority: 24 (l) (driving unsafe vehicle on tollway), (m) (vehicles 25 transporting dangerous cargo not properly indicated), it 26 shall be the duty of the clerk of the court in which such 27 conviction is had within 10 days thereafter to forward to 28 the Secretary of State a report of the conviction and the 29 court may recommend the suspension of the driver's 30 license or permit of the person so convicted. 31 The reporting requirements of this subsection shall apply 32 to all violations stated in paragraphs 1 and 2 of this 33 subsection when the individual has been adjudicated under the 34 Juvenile Court Act or the Juvenile Court Act of 1987. Such HB2509 Engrossed -4- LRB9008408RCpcA 1 reporting requirements shall also apply to individuals 2 adjudicated under the Juvenile Court Act or the Juvenile 3 Court Act of 1987 who have committed a violation of Section 4 11-501 of this Code, or similar provision of a local 5 ordinance, or Section 9-3 of the Criminal Code of 1961, as 6 amended, relating to the offense of reckless homicide. All 7 juvenile court dispositions reported to the Secretary of 8 State under this provision shall be processed by the 9 Secretary of State as if the cases had been adjudicated in 10 traffic or criminal court. However, information reported 11 relative to the offense of reckless homicide, or Section 12 11-501 of this Code, or a similar provision of a local 13 ordinance, shall be privileged and available only to the 14 Secretary of State, courts, and police officers. 15 3. Whenever an order is entered vacating the 16 forfeiture of any bail, security or bond given to secure 17 appearance for any offense under this Code or similar 18 offenses under municipal ordinance, it shall be the duty 19 of the clerk of the court in which such vacation was had 20 or the judge of such court if such court has no clerk, 21 within 10 days thereafter to forward to the Secretary of 22 State a report of the vacation. 23 4. A report of any disposition of court supervision 24 for a violation of Sections 6-303, 11-401, 11-501 or a 25 similar provision of a local ordinance, 11-503, 11-503.5, 26 11-503.6, and 11-504 shall be forwarded to the Secretary 27 of State. A report of any disposition of court 28 supervision for a violation of an offense defined as a 29 serious traffic violation in this Code or a similar 30 provision of a local ordinance committed by a person 31 under the age of 21 years shall be forwarded to the 32 Secretary of State. 33 5. Reports of conviction in a computer processible 34 medium shall be forwarded to the Secretary of State via HB2509 Engrossed -5- LRB9008408RCpcA 1 the Supreme Court in the form and format required by the 2 Illinois Supreme Court and established by a written 3 agreement between the Supreme Court and the Secretary of 4 State. In counties with a population over 300,000, 5 instead of forwarding reports to the Supreme Court, 6 reports of conviction in a computer processible medium 7 may be forwarded to the Secretary of State by the Circuit 8 Court Clerk in a form and format required by the 9 Secretary of State and established by written agreement 10 between the Circuit Court Clerk and the Secretary of 11 State. Failure to forward the reports of conviction as 12 required by this Section shall be deemed an omission of 13 duty and it shall be the duty of the several State's 14 Attorneys to enforce the requirements of this Section. 15 (b) Whenever a restricted driving permit is forwarded to 16 a court, as a result of confiscation by a police officer 17 pursuant to the authority in Section 6-113(f), it shall be 18 the duty of the clerk, or judge, if the court has no clerk, 19 to forward such restricted driving permit and a facsimile of 20 the officer's citation to the Secretary of State as 21 expeditiously as practicable. 22 (c) For the purposes of this Code, a forfeiture of bail 23 or collateral deposited to secure a defendant's appearance in 24 court when forfeiture has not been vacated, or the failure of 25 a defendant to appear for trial after depositing his driver's 26 license in lieu of other bail, shall be equivalent to a 27 conviction. 28 (d) For the purpose of providing the Secretary of State 29 with records necessary to properly monitor and assess driver 30 performance and assist the courts in the proper disposition 31 of repeat traffic law offenders, the clerk of the court shall 32 forward to the Secretary of State, on a form prescribed by 33 the Secretary, records of driver's participation in a driver 34 remedial or rehabilitative program which was required, HB2509 Engrossed -6- LRB9008408RCpcA 1 through a court order or court supervision, in relation to 2 the driver's arrest for a violation of Section 11-501 of this 3 Code or a similar provision of a local ordinance. Such 4 reports shall be sent within 10 days after the driver's 5 referral to such driver remedial or rehabilitative program. 6 Such reports, including those required to be forwarded under 7 subsection 4 of paragraph (a), shall be recorded to the 8 driver's file, but shall not be released to any outside 9 source, except the affected driver, and shall be used only to 10 assist in assessing driver performance and for the purpose of 11 informing the courts that such driver has been previously 12 assigned court supervision or referred to a driver's remedial 13 or rehabilitative program. 14 (Source: P.A. 90-369, eff. 1-1-98.) 15 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) 16 Sec. 6-205. Mandatory revocation of license or permit; 17 Hardship cases. 18 (a) Except as provided in this Section, the Secretary of 19 State shall immediately revoke the license or permit of any 20 driver upon receiving a report of the driver's conviction of 21 any of the following offenses: 22 1. Reckless homicide resulting from the operation 23 of a motor vehicle; 24 2. Violation of Section 11-501 of this Code or a 25 similar provision of a local ordinance relating to the 26 offense of operating or being in physical control of a 27 vehicle while under the influence of alcohol, other drug, 28 or combination of both; 29 3. Any felony under the laws of any State or the 30 federal government in the commission of which a motor 31 vehicle was used; 32 4. Violation of Section 11-401 of this Code 33 relating to the offense of leaving the scene of a traffic HB2509 Engrossed -7- LRB9008408RCpcA 1 accident involving death or personal injury; 2 5. Perjury or the making of a false affidavit or 3 statement under oath to the Secretary of State under this 4 Code or under any other law relating to the ownership or 5 operation of motor vehicles; 6 6. Conviction upon 3 charges of violation of 7 Section 11-503 of this Code relating to the offense of 8 reckless driving committed within a period of 12 months; 9 7. Conviction of the offense of automobile theft as 10 defined in Section 4-102 of this Code; 11 8. Violation of Section 11-504 of this Code 12 relating to the offense of drag racing; 13 9. Violation of Chapters 8 and 9 of this Code; 14 10. Violation of Section 12-5 of the Criminal Code 15 of 1961 arising from the use of a motor vehicle; 16 11. Violation of Section 11-204.1 of this Code 17 relating to aggravated fleeing or attempting to elude a 18 police officer; 19 12. Violation of paragraph (1) of subsection (b) of 20 Section 6-507, or a similar law of any other state, 21 relating to the unlawful operation of a commercial motor 22 vehicle; 23 13. Violation of paragraph (a) of Section 11-502 of 24 this Code or a similar provision of a local ordinance if 25 the driver has been previously convicted of a violation 26 of that Section or a similar provision of a local 27 ordinance and the driver was less than 21 years of age at 28 the time of the offense;
.29 14. Conviction upon 2 charges of violation of 30 Section 11-503.5 of this Code relating to the offense of 31 road rage committed within a period of 12 months. 32 (b) The Secretary of State shall also immediately revoke 33 the license or permit of any driver in the following 34 situations: HB2509 Engrossed -8- LRB9008408RCpcA 1 1. Of any minor upon receiving the notice provided 2 for in Section 1-8 of the Juvenile Court Act of 1987 that 3 the minor has been adjudicated under that Act as having 4 committed an offense relating to motor vehicles 5 prescribed in Section 4-103 of this Code; 6 2. Of any person when any other law of this State 7 requires either the revocation or suspension of a license 8 or permit. 9 (c) Whenever a person is convicted of any of the 10 offenses enumerated in this Section, the court may recommend 11 and the Secretary of State in his discretion, without regard 12 to whether the recommendation is made by the court, may, upon 13 application, issue to the person a restricted driving permit 14 granting the privilege of driving a motor vehicle between the 15 petitioner's residence and petitioner's place of employment 16 or within the scope of the petitioner's employment related 17 duties, or to allow transportation for the petitioner or a 18 household member of the petitioner's family for the receipt 19 of necessary medical care or, if the professional evaluation 20 indicates, provide transportation for the petitioner for 21 alcohol remedial or rehabilitative activity, or for the 22 petitioner to attend classes, as a student, in an accredited 23 educational institution; if the petitioner is able to 24 demonstrate that no alternative means of transportation is 25 reasonably available and the petitioner will not endanger the 26 public safety or welfare; provided that the Secretary's 27 discretion shall be limited to cases where undue hardship 28 would result from a failure to issue the restricted driving 29 permit. In each case the Secretary of State may issue a 30 restricted driving permit for a period he deems appropriate, 31 except that the permit shall expire within one year from the 32 date of issuance. A restricted driving permit issued under 33 this Section shall be subject to cancellation, revocation, 34 and suspension by the Secretary of State in like manner and HB2509 Engrossed -9- LRB9008408RCpcA 1 for like cause as a driver's license issued under this Code 2 may be cancelled, revoked, or suspended; except that a 3 conviction upon one or more offenses against laws or 4 ordinances regulating the movement of traffic shall be deemed 5 sufficient cause for the revocation, suspension, or 6 cancellation of a restricted driving permit. The Secretary of 7 State may, as a condition to the issuance of a restricted 8 driving permit, require the applicant to participate in a 9 designated driver remedial or rehabilitative program. The 10 Secretary of State is authorized to cancel a restricted 11 driving permit if the permit holder does not successfully 12 complete the program. However, if an individual's driving 13 privileges have been revoked in accordance with paragraph 13 14 of subsection (a) of this Section, no restricted driving 15 permit shall be issued until the individual has served 6 16 months of the revocation period. 17 (d) Whenever a person under the age of 21 is convicted 18 under Section 11-501 of this Code or a similar provision of a 19 local ordinance, the Secretary of State shall revoke the 20 driving privileges of that person. One year after the date 21 of revocation, and upon application, the Secretary of State 22 may, if satisfied that the person applying will not endanger 23 the public safety or welfare, issue a restricted driving 24 permit granting the privilege of driving a motor vehicle only 25 between the hours of 5 a.m. and 9 p.m. or as otherwise 26 provided by this Section for a period of one year. After 27 this one year period, and upon reapplication for a license as 28 provided in Section 6-106, upon payment of the appropriate 29 reinstatement fee provided under paragraph (b) of Section 30 6-118, the Secretary of State, in his discretion, may issue 31 the applicant a license, or extend the restricted driving 32 permit as many times as the Secretary of State deems 33 appropriate, by additional periods of not more than 12 months 34 each, until the applicant attains 21 years of age. A HB2509 Engrossed -10- LRB9008408RCpcA 1 restricted driving permit issued under this Section shall be 2 subject to cancellation, revocation, and suspension by the 3 Secretary of State in like manner and for like cause as a 4 driver's license issued under this Code may be cancelled, 5 revoked, or suspended; except that a conviction upon one or 6 more offenses against laws or ordinances regulating the 7 movement of traffic shall be deemed sufficient cause for the 8 revocation, suspension, or cancellation of a restricted 9 driving permit. Any person under 21 years of age who has a 10 driver's license revoked for a second or subsequent 11 conviction for driving under the influence, prior to the age 12 of 21, shall not be eligible to submit an application for a 13 full reinstatement of driving privileges or a restricted 14 driving permit until age 21 or one additional year from the 15 date of the latest such revocation, whichever is the longer. 16 The revocation periods contained in this subparagraph shall 17 apply to similar out-of-state convictions. 18 (e) This Section is subject to the provisions of the 19 Driver License Compact. 20 (f) Any revocation imposed upon any person under 21 subsections 2 and 3 of paragraph (b) that is in effect on 22 December 31, 1988 shall be converted to a suspension for a 23 like period of time. 24 (g) The Secretary of State shall not issue a restricted 25 driving permit to a person under the age of 16 years whose 26 driving privileges have been revoked under any provisions of 27 this Code. 28 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96; 29 89-626, eff. 8-9-96; 90-369, eff. 1-1-98.) 30 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 31 Sec. 6-206. Discretionary authority to suspend or revoke 32 license or permit; Right to a hearing. 33 (a) The Secretary of State is authorized to suspend or HB2509 Engrossed -11- LRB9008408RCpcA 1 revoke the driving privileges of any person without 2 preliminary hearing upon a showing of the person's records or 3 other sufficient evidence that the person: 4 1. Has committed an offense for which mandatory 5 revocation of a driver's license or permit is required 6 upon conviction; 7 2. Has been convicted of not less than 3 offenses 8 against traffic regulations governing the movement of 9 vehicles committed within any 12 month period. No 10 revocation or suspension shall be entered more than 6 11 months after the date of last conviction; 12 3. Has been repeatedly involved as a driver in 13 motor vehicle collisions or has been repeatedly convicted 14 of offenses against laws and ordinances regulating the 15 movement of traffic, to a degree that indicates lack of 16 ability to exercise ordinary and reasonable care in the 17 safe operation of a motor vehicle or disrespect for the 18 traffic laws and the safety of other persons upon the 19 highway; 20 4. Has by the unlawful operation of a motor vehicle 21 caused or contributed to an accident resulting in death 22 or injury requiring immediate professional treatment in a 23 medical facility or doctor's office to any person, except 24 that any suspension or revocation imposed by the 25 Secretary of State under the provisions of this 26 subsection shall start no later than 6 months after being 27 convicted of violating a law or ordinance regulating the 28 movement of traffic, which violation is related to the 29 accident, or shall start not more than one year after the 30 date of the accident, whichever date occurs later; 31 5. Has permitted an unlawful or fraudulent use of a 32 driver's license, identification card, or permit; 33 6. Has been lawfully convicted of an offense or 34 offenses in another state, including the authorization HB2509 Engrossed -12- LRB9008408RCpcA 1 contained in Section 6-203.1, which if committed within 2 this State would be grounds for suspension or revocation; 3 7. Has refused or failed to submit to an 4 examination provided for by Section 6-207 or has failed 5 to pass the examination; 6 8. Is ineligible for a driver's license or permit 7 under the provisions of Section 6-103; 8 9. Has made a false statement or knowingly 9 concealed a material fact or has used false information 10 or identification in any application for a license, 11 identification card, or permit; 12 10. Has possessed, displayed, or attempted to 13 fraudulently use any license, identification card, or 14 permit not issued to the person; 15 11. Has operated a motor vehicle upon a highway of 16 this State when the person's driving privilege or 17 privilege to obtain a driver's license or permit was 18 revoked or suspended unless the operation was authorized 19 by a judicial driving permit, probationary license to 20 drive, or a restricted driving permit issued under this 21 Code; 22 12. Has submitted to any portion of the application 23 process for another person or has obtained the services 24 of another person to submit to any portion of the 25 application process for the purpose of obtaining a 26 license, identification card, or permit for some other 27 person; 28 13. Has operated a motor vehicle upon a highway of 29 this State when the person's driver's license or permit 30 was invalid under the provisions of Sections 6-107.1 and 31 6-110; 32 14. Has committed a violation of Section 6-301, 33 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 34 14B of the Illinois Identification Card Act; HB2509 Engrossed -13- LRB9008408RCpcA 1 15. Has been convicted of violating Section 21-2 of 2 the Criminal Code of 1961 relating to criminal trespass 3 to vehicles in which case, the suspension shall be for 4 one year; 5 16. Has been convicted of violating Section 11-204 6 of this Code relating to fleeing from a police officer; 7 17. Has refused to submit to a test, or tests, as 8 required under Section 11-501.1 of this Code and the 9 person has not sought a hearing as provided for in 10 Section 11-501.1; 11 18. Has, since issuance of a driver's license or 12 permit, been adjudged to be afflicted with or suffering 13 from any mental disability or disease; 14 19. Has committed a violation of paragraph (a) or 15 (b) of Section 6-101 relating to driving without a 16 driver's license; 17 20. Has been convicted of violating Section 6-104 18 relating to classification of driver's license; 19 21. Has been convicted of violating Section 11-402 20 of this Code relating to leaving the scene of an accident 21 resulting in damage to a vehicle in excess of $1,000, in 22 which case the suspension shall be for one year; 23 22. Has used a motor vehicle in violating paragraph 24 (3), (4), (7), or (9) of subsection (a) of Section 24-1 25 of the Criminal Code of 1961 relating to unlawful use of 26 weapons, in which case the suspension shall be for one 27 year; 28 23. Has, as a driver, been convicted of committing 29 a violation of paragraph (a) of Section 11-502 of this 30 Code for a second or subsequent time within one year of a 31 similar violation; 32 24. Has been convicted by a court-martial or 33 punished by non-judicial punishment by military 34 authorities of the United States at a military HB2509 Engrossed -14- LRB9008408RCpcA 1 installation in Illinois of or for a traffic related 2 offense that is the same as or similar to an offense 3 specified under Section 6-205 or 6-206 of this Code; 4 25. Has permitted any form of identification to be 5 used by another in the application process in order to 6 obtain or attempt to obtain a license, identification 7 card, or permit; 8 26. Has altered or attempted to alter a license or 9 has possessed an altered license, identification card, or 10 permit; 11 27. Has violated Section 6-16 of the Liquor Control 12 Act of 1934; 13 28. Has been convicted of the illegal possession, 14 while operating or in actual physical control, as a 15 driver, of a motor vehicle, of any controlled substance 16 prohibited under the Illinois Controlled Substances Act 17 or any cannabis prohibited under the provisions of the 18 Cannabis Control Act, in which case the person's driving 19 privileges shall be suspended for one year, and any 20 driver who is convicted of a second or subsequent 21 offense, within 5 years of a previous conviction, for the 22 illegal possession, while operating or in actual physical 23 control, as a driver, of a motor vehicle, of any 24 controlled substance prohibited under the provisions of 25 the Illinois Controlled Substances Act or any cannabis 26 prohibited under the Cannabis Control Act shall be 27 suspended for 5 years. Any defendant found guilty of this 28 offense while operating a motor vehicle, shall have an 29 entry made in the court record by the presiding judge 30 that this offense did occur while the defendant was 31 operating a motor vehicle and order the clerk of the 32 court to report the violation to the Secretary of State; 33 29. Has been convicted of the following offenses 34 that were committed while the person was operating or in HB2509 Engrossed -15- LRB9008408RCpcA 1 actual physical control, as a driver, of a motor vehicle: 2 criminal sexual assault, predatory criminal sexual 3 assault of a child, aggravated criminal sexual assault, 4 criminal sexual abuse, aggravated criminal sexual abuse, 5 juvenile pimping, soliciting for a juvenile prostitute 6 and the manufacture, sale or delivery of controlled 7 substances or instruments used for illegal drug use or 8 abuse in which case the driver's driving privileges shall 9 be suspended for one year; 10 30. Has been convicted a second or subsequent time 11 for any combination of the offenses named in paragraph 29 12 of this subsection, in which case the person's driving 13 privileges shall be suspended for 5 years; 14 31. Has refused to submit to a test as required by 15 Section 11-501.6 or has submitted to a test resulting in 16 an alcohol concentration of 0.08 or more or any amount of 17 a drug, substance, or compound resulting from the 18 unlawful use or consumption of cannabis as listed in the 19 Cannabis Control Act or a controlled substance as listed 20 in the Illinois Controlled Substances Act in which case 21 the penalty shall be as prescribed in Section 6-208.1; 22 32. Has been convicted of Section 24-1.2 of the 23 Criminal Code of 1961 relating to the aggravated 24 discharge of a firearm if the offender was located in a 25 motor vehicle at the time the firearm was discharged, in 26 which case the suspension shall be for 3 years; 27 33. Has as a driver, who was less than 21 years of 28 age on the date of the offense, been convicted a first 29 time of a violation of paragraph (a) of Section 11-502 of 30 this Code or a similar provision of a local ordinance; or31 34. Has committed a violation of Section 11-1301.5 32 of this Code; or33 35. Has committed a violation of Section 11-1301.6 34 of this Code; .HB2509 Engrossed -16- LRB9008408RCpcA 1 36. 34.Is under the age of 21 years at the time of 2 arrest and has been convicted of not less than 2 3 offenses against traffic regulations governing the 4 movement of vehicles committed within any 24 month 5 period. No revocation or suspension shall be entered 6 more than 6 months after the date of last conviction; .7 37. Has been convicted of violating Section 11-503 8 of this Code relating to reckless driving; 9 38. Has been convicted of violating Section 10 11-503.5 of this Code relating to road rage; or 11 39. Has been convicted of violating Section 12 11-503.6 of this Code relating to aggressive driving. 13 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 14 and 27 of this subsection, license means any driver's 15 license, any traffic ticket issued when the person's driver's 16 license is deposited in lieu of bail, a suspension notice 17 issued by the Secretary of State, a duplicate or corrected 18 driver's license, a probationary driver's license or a 19 temporary driver's license. 20 (b) If any conviction forming the basis of a suspension 21 or revocation authorized under this Section is appealed, the 22 Secretary of State may rescind or withhold the entry of the 23 order of suspension or revocation, as the case may be, 24 provided that a certified copy of a stay order of a court is 25 filed with the Secretary of State. If the conviction is 26 affirmed on appeal, the date of the conviction shall relate 27 back to the time the original judgment of conviction was 28 entered and the 6 month limitation prescribed shall not 29 apply. 30 (c) 1. Upon suspending or revoking the driver's license 31 or permit of any person as authorized in this Section, 32 the Secretary of State shall immediately notify the 33 person in writing of the revocation or suspension. The 34 notice to be deposited in the United States mail, postage HB2509 Engrossed -17- LRB9008408RCpcA 1 prepaid, to the last known address of the person. 2 2. If the Secretary of State suspends the driver's 3 license of a person under subsection 2 of paragraph (a) 4 of this Section, a person's privilege to operate a 5 vehicle as an occupation shall not be suspended, provided 6 an affidavit is properly completed, the appropriate fee 7 received, and a permit issued prior to the effective date 8 of the suspension, unless 5 offenses were committed, at 9 least 2 of which occurred while operating a commercial 10 vehicle in connection with the driver's regular 11 occupation. All other driving privileges shall be 12 suspended by the Secretary of State. Any driver prior to 13 operating a vehicle for occupational purposes only must 14 submit the affidavit on forms to be provided by the 15 Secretary of State setting forth the facts of the 16 person's occupation. The affidavit shall also state the 17 number of offenses committed while operating a vehicle in 18 connection with the driver's regular occupation. The 19 affidavit shall be accompanied by the driver's license. 20 Upon receipt of a properly completed affidavit, the 21 Secretary of State shall issue the driver a permit to 22 operate a vehicle in connection with the driver's regular 23 occupation only. Unless the permit is issued by the 24 Secretary of State prior to the date of suspension, the 25 privilege to drive any motor vehicle shall be suspended 26 as set forth in the notice that was mailed under this 27 Section. If an affidavit is received subsequent to the 28 effective date of this suspension, a permit may be issued 29 for the remainder of the suspension period. 30 The provisions of this subparagraph shall not apply 31 to any driver required to obtain a commercial driver's 32 license under Section 6-507 during the period of a 33 disqualification of commercial driving privileges under 34 Section 6-514. HB2509 Engrossed -18- LRB9008408RCpcA 1 Any person who falsely states any fact in the 2 affidavit required herein shall be guilty of perjury 3 under Section 6-302 and upon conviction thereof shall 4 have all driving privileges revoked without further 5 rights. 6 3. At the conclusion of a hearing under Section 7 2-118 of this Code, the Secretary of State shall either 8 rescind or continue an order of revocation or shall 9 substitute an order of suspension; or, good cause 10 appearing therefor, rescind, continue, change, or extend 11 the order of suspension. If the Secretary of State does 12 not rescind the order, the Secretary may upon 13 application, to relieve undue hardship, issue a 14 restricted driving permit granting the privilege of 15 driving a motor vehicle between the petitioner's 16 residence and petitioner's place of employment or within 17 the scope of his employment related duties, or to allow 18 transportation for the petitioner, or a household member 19 of the petitioner's family, to receive necessary medical 20 care and if the professional evaluation indicates, 21 provide transportation for alcohol remedial or 22 rehabilitative activity, or for the petitioner to attend 23 classes, as a student, in an accredited educational 24 institution; if the petitioner is able to demonstrate 25 that no alternative means of transportation is reasonably 26 available and the petitioner will not endanger the public 27 safety or welfare. In each case the Secretary may issue a 28 restricted driving permit for a period deemed 29 appropriate, except that all permits shall expire within 30 one year from the date of issuance. A restricted driving 31 permit issued under this Section shall be subject to 32 cancellation, revocation, and suspension by the Secretary 33 of State in like manner and for like cause as a driver's 34 license issued under this Code may be cancelled, revoked, HB2509 Engrossed -19- LRB9008408RCpcA 1 or suspended; except that a conviction upon one or more 2 offenses against laws or ordinances regulating the 3 movement of traffic shall be deemed sufficient cause for 4 the revocation, suspension, or cancellation of a 5 restricted driving permit. The Secretary of State may, as 6 a condition to the issuance of a restricted driving 7 permit, require the applicant to participate in a 8 designated driver remedial or rehabilitative program. The 9 Secretary of State is authorized to cancel a restricted 10 driving permit if the permit holder does not successfully 11 complete the program. 12 (c-5) The Secretary of State may, as a condition of the 13 reissuance of a driver's license or permit to an applicant 14 under the age of 18 years whose driver's license or permit 15 has been suspended pursuant to any of the provisions of this 16 Section, require the applicant to participate in a driver 17 remedial education course and be retested under Section 6-109 18 of this Code. 19 (d) This Section is subject to the provisions of the 20 Drivers License Compact. 21 (e) The Secretary of State shall not issue a restricted 22 driving permit to a person under the age of 16 years whose 23 driving privileges have been suspended or revoked under any 24 provisions of this Code. 25 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 26 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 27 1-1-98; 90-369, eff. 1-1-98; revised 10-28-97.) 28 (625 ILCS 5/11-503.5 new) 29 Sec. 11-503.5. Road rage. 30 (a) Any person who intentionally with malice uses any 31 vehicle in such an unlawful manner as to endanger the bodily 32 safety or property of another driver, bicyclist, or 33 pedestrian is guilty of road rage. HB2509 Engrossed -20- LRB9008408RCpcA 1 (b) Road rage is a Class A misdemeanor, except as 2 provided in subsection (c) of this Section. 3 (c) (1) Every person convicted of committing a violation 4 of subsection (a) of this Section is guilty of aggravated 5 road rage if the violation results in great bodily harm or 6 permanent disfigurement to another. 7 (2) Aggravated road rage is a Class 4 felony for 8 which the offender shall be mandatorily sentenced to a 9 minimum of 48 consecutive hours of imprisonment. This 10 imprisonment shall not be subject to suspension, nor 11 shall the offender be eligible for probation in order to 12 reduce the sentence. 13 (625 ILCS 5/11-503.6 new) 14 Sec. 11-503.6. Aggressive driving. 15 (a) Any person who operates any vehicle carelessly or 16 heedlessly without watchful attention, concern, caution, or 17 regard for the rights or safety of others, or in a manner 18 that endangers or is likely to endanger any property or any 19 person, including the driver or passengers of the vehicle, is 20 guilty of aggressive driving. 21 For the purpose of this Section "aggressive driving" 22 means operating a motor vehicle carelessly or heedlessly in 23 disregard for the rights of others or in a manner that 24 endangers or is likely to endanger any property or any 25 person, including the driver or passengers of the vehicle and 26 committing any 3 or more of the following different traffic 27 offenses: 11-709 improper lane usage; 11-704 improper 28 overtaking on the right; 11-709.1 improper driving on the 29 shoulder; 11-710 following too closely; 11-203 disobeying a 30 police officer; 11-305 disobeying a traffic control device; 31 11-306 disobeying a traffic control signal; 11-504 drag 32 racing; 11-601 speeding; 11-605 speeding in a school zone or 33 highway construction/maintenance zone; 11-701 driving on the HB2509 Engrossed -21- LRB9008408RCpcA 1 wrong side of the roadway; 11-707 disobeying a no-passing 2 zone; 11-802 improper U turn; 11-804 failure to signal when 3 required (turning or stopping); 11-904 failure to yield; 4 11-1002 failure to yield to a pedestrian; 11-1201 disobeying 5 a railroad crossing signal; or 11-1204 disobeyed stop or 6 yield sign. 7 (b) Sentence. Any person convicted of aggressive 8 driving is guilty of a Class B misdemeanor. A second or 9 subsequent commission of the offense of aggressive driving is 10 a Class A misdemeanor. 11 Section 99. Effective date. This Act takes effect 12 January 1, 1999.
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