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|[ Introduced ]||[ Enrolled ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]|
90_SB0954eng 625 ILCS 5/6-514 from Ch. 95 1/2, par. 6-514 Amends the Illinois Vehicle Code to provide that if a person whose disqualification from driving a commercial vehicle for life was reduced is subsequently convicted of another disqualifying offense, he or she is permanently disqualified for life. Effective January 1, 1998. LRB9003304NTsb SB954 Engrossed LRB9003304NTsb 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 6-514. 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 Section 6-514 as follows: 7 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514) 8 Sec. 6-514. Commercial Driver's License (CDL) - 9 Disqualifications. 10 (a) A person shall be disqualified from driving a 11 commercial motor vehicle for a period of not less than 12 12 months for the first violation of: 13 (1) Refusing to submit to or failure to complete a 14 test or tests to determine the driver's blood 15 concentration of alcohol, other drug, or both, while 16 driving a commercial motor vehicle; or 17 (2) Operating a commercial motor vehicle while the 18 alcohol concentration of the person's blood, breath or 19 urine is at least 0.04, or any amount of a drug, 20 substance, or compound in the person's blood or urine 21 resulting from the unlawful use or consumption of 22 cannabis listed in the Cannabis Control Act or a 23 controlled substance listed in the Illinois Controlled 24 Substances Act as indicated by a police officer's sworn 25 report or other verified evidence; or 26 (3) Conviction for a first violation of: 27 (i) Driving a commercial motor vehicle while 28 under the influence of alcohol, or any other drug, 29 or combination of drugs to a degree which renders 30 such person incapable of safely driving; or 31 (ii) Knowingly and wilfully leaving the scene SB954 Engrossed -2- LRB9003304NTsb 1 of an accident while operating a commercial motor 2 vehicle; or 3 (iii) Driving a commercial motor vehicle while 4 committing any felony. 5 If any of the above violations or refusals occurred 6 while transporting hazardous material(s) required to be 7 placarded, the person shall be disqualified for a period 8 of not less than 3 years. 9 (b) A person is disqualified for life for a second 10 conviction of any of the offenses specified in paragraph (a), 11 or any combination of those offenses, arising from 2 or more 12 separate incidents. 13 (c) A person is disqualified from driving a commercial 14 motor vehicle for life who uses a commercial motor vehicle in 15 the commission of any felony involving the manufacture, 16 distribution, or dispensing of a controlled substance, or 17 possession with intent to manufacture, distribute or dispense 18 a controlled substance. 19 (d) The Secretary of State may, when the United States 20 Secretary of Transportation so authorizes, issue regulations 21 in which a disqualification for life under paragraph (b) may 22 be reduced to a period of not less than 10 years. If a 23 reinstated driver is subsequently convicted of another 24 disqualifying offense, as specified in subsection (a) of this 25 Section, he or she shall be permanently disqualified for life 26 and shall be ineligible to again apply for a reduction of the 27 lifetime disqualification. 28 (e) A person is disqualified from driving a commercial 29 motor vehicle for a period of not less than 2 months if 30 convicted of 2 serious traffic violations, committed in a 31 commercial motor vehicle, arising from separate incidents, 32 occurring within a 3 year period. However, a person will be 33 disqualified from driving a commercial motor vehicle for a 34 period of not less than 4 months if convicted of 3 serious SB954 Engrossed -3- LRB9003304NTsb 1 traffic violations, committed in a commercial motor vehicle, 2 arising from separate incidents, occurring within a 3 year 3 period. 4 (f) Notwithstanding any other provision of this Code, 5 any driver disqualified from operating a commercial motor 6 vehicle, pursuant to this UCDLA, shall not be eligible for 7 restoration of commercial driving privileges during any such 8 period of disqualification. 9 (g) After suspending, revoking, or cancelling a 10 commercial driver's license, the Secretary of State must 11 update the driver's records to reflect such action within 10 12 days. After suspending or revoking the driving privilege of 13 any person who has been issued a CDL or commercial driver 14 instruction permit from another jurisdiction, the Secretary 15 shall originate notification to such issuing jurisdiction 16 within 10 days. 17 (h) The "disqualifications" referred to in this Section 18 shall not be imposed upon any commercial motor vehicle 19 driver, by the Secretary of State, unless the prohibited 20 action(s) occurred after March 31, 1992. 21 (i) A person is disqualified from driving a commercial 22 motor vehicle in accordance with the following: 23 (1) For 6 months upon a first conviction of 24 paragraph (2) of subsection (b) of Section 6-507 of this 25 Code. 26 (2) For one year upon a second conviction of 27 paragraph (2) of subsection (b) of Section 6-507 of this 28 Code within a 10-year period. 29 (3) For 3 years upon a third or subsequent 30 conviction of paragraph (2) of subsection (b) of Section 31 6-507 of this Code within a 10-year period. 32 (4) For one year upon a first conviction of 33 paragraph (3) of subsection (b) of Section 6-507 of this 34 Code. SB954 Engrossed -4- LRB9003304NTsb 1 (5) For 3 years upon a second conviction of 2 paragraph (3) of subsection (b) of Section 6-507 of this 3 Code within a 10-year period. 4 (6) For 5 years upon a third or subsequent 5 conviction of paragraph (3) of subsection (b) of Section 6 6-507 of this Code within a 10-year period. 7 (Source: P.A. 88-212; 89-245, eff. 1-1-96.) 8 Section 99. Effective date. This Act takes effect 9 January 1, 1998.
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