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92_HB4266 LRB9214852RCcd 1 AN ACT in relation to criminal law. 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 5 changing Section 6-206 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 and mandatory suspension; Right to a 9 hearing. 10 (a) The Secretary of State is authorized to suspend or 11 revoke the driving privileges of any person without 12 preliminary hearing upon a showing of the person's records or 13 other 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 16 upon conviction; 17 2. Has been convicted of not less than 3 offenses 18 against traffic regulations governing the movement of 19 vehicles committed within any 12 month period. No 20 revocation or suspension shall be entered more than 6 21 months after the date of last conviction; 22 3. Has been repeatedly involved as a driver in 23 motor vehicle collisions or has been repeatedly convicted 24 of offenses against laws and ordinances regulating the 25 movement of traffic, to a degree that indicates lack of 26 ability to exercise ordinary and reasonable care in the 27 safe operation of a motor vehicle or disrespect for the 28 traffic laws and the safety of other persons upon the 29 highway; 30 4. Has by the unlawful operation of a motor vehicle 31 caused or contributed to an accident resulting in death -2- LRB9214852RCcd 1 or injury requiring immediate professional treatment in a 2 medical facility or doctor's office to any person, except 3 that any suspension or revocation imposed by the 4 Secretary of State under the provisions of this 5 subsection shall start no later than 6 months after being 6 convicted of violating a law or ordinance regulating the 7 movement of traffic, which violation is related to the 8 accident, or shall start not more than one year after the 9 date of the accident, whichever date occurs later; 10 5. Has permitted an unlawful or fraudulent use of a 11 driver's license, identification card, or permit; 12 6. Has been lawfully convicted of an offense or 13 offenses in another state, including the authorization 14 contained in Section 6-203.1, which if committed within 15 this State would be grounds for suspension or revocation; 16 7. Has refused or failed to submit to an 17 examination provided for by Section 6-207 or has failed 18 to pass the examination; 19 8. Is ineligible for a driver's license or permit 20 under the provisions of Section 6-103; 21 9. Has made a false statement or knowingly 22 concealed a material fact or has used false information 23 or identification in any application for a license, 24 identification card, or permit; 25 10. Has possessed, displayed, or attempted to 26 fraudulently use any license, identification card, or 27 permit not issued to the person; 28 11. Has operated a motor vehicle upon a highway of 29 this State when the person's driving privilege or 30 privilege to obtain a driver's license or permit was 31 revoked or suspended unless the operation was authorized 32 by a judicial driving permit, probationary license to 33 drive, or a restricted driving permit issued under this 34 Code; -3- LRB9214852RCcd 1 12. Has submitted to any portion of the application 2 process for another person or has obtained the services 3 of another person to submit to any portion of the 4 application process for the purpose of obtaining a 5 license, identification card, or permit for some other 6 person; 7 13. Has operated a motor vehicle upon a highway of 8 this State when the person's driver's license or permit 9 was invalid under the provisions of Sections 6-107.1 and 10 6-110; 11 14. Has committed a violation of Section 6-301, 12 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 13 14B of the Illinois Identification Card Act; 14 15. Has been convicted of violating Section 21-2 of 15 the Criminal Code of 1961 relating to criminal trespass 16 to vehicles in which case, the suspension shall be for 17 one year; 18 16. Has been convicted of violating Section 11-204 19 of this Code relating to fleeing from a police officer; 20 17. Has refused to submit to a test, or tests, as 21 required under Section 11-501.1 of this Code and the 22 person has not sought a hearing as provided for in 23 Section 11-501.1; 24 18. Has, since issuance of a driver's license or 25 permit, been adjudged to be afflicted with or suffering 26 from any mental disability or disease; 27 19. Has committed a violation of paragraph (a) or 28 (b) of Section 6-101 relating to driving without a 29 driver's license; 30 20. Has been convicted of violating Section 6-104 31 relating to classification of driver's license; 32 21. Has been convicted of violating Section 11-402 33 of this Code relating to leaving the scene of an accident 34 resulting in damage to a vehicle in excess of $1,000, in -4- LRB9214852RCcd 1 which case the suspension shall be for one year; 2 22. Has used a motor vehicle in violating paragraph 3 (3), (4), (7), or (9) of subsection (a) of Section 24-1 4 of the Criminal Code of 1961 relating to unlawful use of 5 weapons, in which case the suspension shall be for one 6 year; 7 23. Has, as a driver, been convicted of committing 8 a violation of paragraph (a) of Section 11-502 of this 9 Code for a second or subsequent time within one year of a 10 similar violation; 11 24. Has been convicted by a court-martial or 12 punished by non-judicial punishment by military 13 authorities of the United States at a military 14 installation in Illinois of or for a traffic related 15 offense that is the same as or similar to an offense 16 specified under Section 6-205 or 6-206 of this Code; 17 25. Has permitted any form of identification to be 18 used by another in the application process in order to 19 obtain or attempt to obtain a license, identification 20 card, or permit; 21 26. Has altered or attempted to alter a license or 22 has possessed an altered license, identification card, or 23 permit; 24 27. Has violated Section 6-16 of the Liquor Control 25 Act of 1934; 26 28. Has been convicted of the illegal possession, 27 while operating or in actual physical control, as a 28 driver, of a motor vehicle, of any controlled substance 29 prohibited under the Illinois Controlled Substances Act 30 or any cannabis prohibited under the provisions of the 31 Cannabis Control Act, in which case the person's driving 32 privileges shall be suspended for one year, and any 33 driver who is convicted of a second or subsequent 34 offense, within 5 years of a previous conviction, for the -5- LRB9214852RCcd 1 illegal possession, while operating or in actual physical 2 control, as a driver, of a motor vehicle, of any 3 controlled substance prohibited under the provisions of 4 the Illinois Controlled Substances Act or any cannabis 5 prohibited under the Cannabis Control Act shall be 6 suspended for 5 years. Any defendant found guilty of this 7 offense while operating a motor vehicle, shall have an 8 entry made in the court record by the presiding judge 9 that this offense did occur while the defendant was 10 operating a motor vehicle and order the clerk of the 11 court to report the violation to the Secretary of State; 12 29. Has been convicted of the following offenses 13 that were committed while the person was operating or in 14 actual physical control, as a driver, of a motor vehicle: 15 criminal sexual assault, predatory criminal sexual 16 assault of a child, aggravated criminal sexual assault, 17 criminal sexual abuse, aggravated criminal sexual abuse, 18 juvenile pimping, soliciting for a juvenile prostitute 19 and the manufacture, sale or delivery of controlled 20 substances or instruments used for illegal drug use or 21 abuse in which case the driver's driving privileges shall 22 be suspended for one year; 23 30. Has been convicted a second or subsequent time 24 for any combination of the offenses named in paragraph 29 25 of this subsection, in which case the person's driving 26 privileges shall be suspended for 5 years; 27 31. Has refused to submit to a test as required by 28 Section 11-501.6 or has submitted to a test resulting in 29 an alcohol concentration of 0.08 or more or any amount of 30 a drug, substance, or compound resulting from the 31 unlawful use or consumption of cannabis as listed in the 32 Cannabis Control Act, a controlled substance as listed in 33 the Illinois Controlled Substances Act, or an 34 intoxicating compound as listed in the Use of -6- LRB9214852RCcd 1 Intoxicating Compounds Act, in which case the penalty 2 shall be as prescribed in Section 6-208.1; 3 32. Has been convicted of Section 24-1.2 of the 4 Criminal Code of 1961 relating to the aggravated 5 discharge of a firearm if the offender was located in a 6 motor vehicle at the time the firearm was discharged, in 7 which case the suspension shall be for 3 years; 8 33. Has as a driver, who was less than 21 years of 9 age on the date of the offense, been convicted a first 10 time of a violation of paragraph (a) of Section 11-502 of 11 this Code or a similar provision of a local ordinance; 12 34. Has committed a violation of Section 11-1301.5 13 of this Code; 14 35. Has committed a violation of Section 11-1301.6 15 of this Code; or 16 36. Is under the age of 21 years at the time of 17 arrest and has been convicted of not less than 2 18 offenses against traffic regulations governing the 19 movement of vehicles committed within any 24 month 20 period. No revocation or suspension shall be entered 21 more than 6 months after the date of last conviction; or 22 37. Has committed a violation of subsection (c) of 23 Section 11-907 of this Code. 24 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 25 and 27 of this subsection, license means any driver's 26 license, any traffic ticket issued when the person's driver's 27 license is deposited in lieu of bail, a suspension notice 28 issued by the Secretary of State, a duplicate or corrected 29 driver's license, a probationary driver's license or a 30 temporary driver's license. 31 (b) If any conviction forming the basis of a suspension 32 or revocation authorized under this Section is appealed, the 33 Secretary of State may rescind or withhold the entry of the 34 order of suspension or revocation, as the case may be, -7- LRB9214852RCcd 1 provided that a certified copy of a stay order of a court is 2 filed with the Secretary of State. If the conviction is 3 affirmed on appeal, the date of the conviction shall relate 4 back to the time the original judgment of conviction was 5 entered and the 6 month limitation prescribed shall not 6 apply. 7 (c) 1. Upon suspending or revoking the driver's license 8 or permit of any person as authorized in this Section, 9 the Secretary of State shall immediately notify the 10 person in writing of the revocation or suspension. The 11 notice to be deposited in the United States mail, postage 12 prepaid, to the last known address of the person. 13 2. If the Secretary of State suspends the driver's 14 license of a person under subsection 2 of paragraph (a) 15 of this Section, a person's privilege to operate a 16 vehicle as an occupation shall not be suspended, provided 17 an affidavit is properly completed, the appropriate fee 18 received, and a permit issued prior to the effective date 19 of the suspension, unless 5 offenses were committed, at 20 least 2 of which occurred while operating a commercial 21 vehicle in connection with the driver's regular 22 occupation. All other driving privileges shall be 23 suspended by the Secretary of State. Any driver prior to 24 operating a vehicle for occupational purposes only must 25 submit the affidavit on forms to be provided by the 26 Secretary of State setting forth the facts of the 27 person's occupation. The affidavit shall also state the 28 number of offenses committed while operating a vehicle in 29 connection with the driver's regular occupation. The 30 affidavit shall be accompanied by the driver's license. 31 Upon receipt of a properly completed affidavit, the 32 Secretary of State shall issue the driver a permit to 33 operate a vehicle in connection with the driver's regular 34 occupation only. Unless the permit is issued by the -8- LRB9214852RCcd 1 Secretary of State prior to the date of suspension, the 2 privilege to drive any motor vehicle shall be suspended 3 as set forth in the notice that was mailed under this 4 Section. If an affidavit is received subsequent to the 5 effective date of this suspension, a permit may be issued 6 for the remainder of the suspension period. 7 The provisions of this subparagraph shall not apply 8 to any driver required to obtain a commercial driver's 9 license under Section 6-507 during the period of a 10 disqualification of commercial driving privileges under 11 Section 6-514. 12 Any person who falsely states any fact in the 13 affidavit required herein shall be guilty of perjury 14 under Section 6-302 and upon conviction thereof shall 15 have all driving privileges revoked without further 16 rights. 17 3. At the conclusion of a hearing under Section 18 2-118 of this Code, the Secretary of State shall either 19 rescind or continue an order of revocation or shall 20 substitute an order of suspension; or, good cause 21 appearing therefor, rescind, continue, change, or extend 22 the order of suspension. If the Secretary of State does 23 not rescind the order, the Secretary may upon 24 application, to relieve undue hardship, issue a 25 restricted driving permit granting the privilege of 26 driving a motor vehicle between the petitioner's 27 residence and petitioner's place of employment or within 28 the scope of his employment related duties, or to allow 29 transportation for the petitioner, or a household member 30 of the petitioner's family, to receive necessary medical 31 care and if the professional evaluation indicates, 32 provide transportation for alcohol remedial or 33 rehabilitative activity, or for the petitioner to attend 34 classes, as a student, in an accredited educational -9- LRB9214852RCcd 1 institution; if the petitioner is able to demonstrate 2 that no alternative means of transportation is reasonably 3 available and the petitioner will not endanger the public 4 safety or welfare. 5 If a person's license or permit has been revoked or 6 suspended due to 2 or more convictions of violating 7 Section 11-501 of this Code or a similar provision of a 8 local ordinance or a similar out-of-state offense, 9 arising out of separate occurrences, that person, if 10 issued a restricted driving permit, may not operate a 11 vehicle unless it has been equipped with an ignition 12 interlock device as defined in Section 1-129.1. 13 If a person's license or permit has been revoked or 14 suspended 2 or more times within a 10 year period due to 15 a single conviction of violating Section 11-501 of this 16 Code or a similar provision of a local ordinance or a 17 similar out-of-state offense, and a statutory summary 18 suspension under Section 11-501.1, or 2 or more statutory 19 summary suspensions, or combination of 2 offenses, or of 20 an offense and a statutory summary suspension, arising 21 out of separate occurrences, that person, if issued a 22 restricted driving permit, may not operate a vehicle 23 unless it has been equipped with an ignition interlock 24 device as defined in Section 1-129.1. The person must pay 25 to the Secretary of State DUI Administration Fund an 26 amount not to exceed $20 per month. The Secretary shall 27 establish by rule the amount and the procedures, terms, 28 and conditions relating to these fees. If the restricted 29 driving permit was issued for employment purposes, then 30 this provision does not apply to the operation of an 31 occupational vehicle owned or leased by that person's 32 employer. In each case the Secretary may issue a 33 restricted driving permit for a period deemed 34 appropriate, except that all permits shall expire within -10- LRB9214852RCcd 1 one year from the date of issuance. The Secretary may 2 not, however, issue a restricted driving permit to any 3 person whose current revocation is the result of a second 4 or subsequent conviction for a violation of Section 5 11-501 of this Code or a similar provision of a local 6 ordinance relating to the offense of operating or being 7 in physical control of a motor vehicle while under the 8 influence of alcohol, other drug or drugs, intoxicating 9 compound or compounds, or any similar out-of-state 10 offense, or any combination of those offenses, until the 11 expiration of at least one year from the date of the 12 revocation. A restricted driving permit issued under this 13 Section shall be subject to cancellation, revocation, and 14 suspension by the Secretary of State in like manner and 15 for like cause as a driver's license issued under this 16 Code may be cancelled, revoked, or suspended; except that 17 a conviction upon one or more offenses against laws or 18 ordinances regulating the movement of traffic shall be 19 deemed sufficient cause for the revocation, suspension, 20 or cancellation of a restricted driving permit. The 21 Secretary of State may, as a condition to the issuance of 22 a restricted driving permit, require the applicant to 23 participate in a designated driver remedial or 24 rehabilitative program. The Secretary of State is 25 authorized to cancel a restricted driving permit if the 26 permit holder does not successfully complete the program. 27 (c-5) The Secretary of State may, as a condition of the 28 reissuance of a driver's license or permit to an applicant 29 whose driver's license or permit has been suspended before he 30 or she reached the age of 18 years pursuant to any of the 31 provisions of this Section, require the applicant to 32 participate in a driver remedial education course and be 33 retested under Section 6-109 of this Code. 34 (d) This Section is subject to the provisions of the -11- LRB9214852RCcd 1 Drivers License Compact. 2 (e) The Secretary of State shall not issue a restricted 3 driving permit to a person under the age of 16 years whose 4 driving privileges have been suspended or revoked under any 5 provisions of this Code. 6 (f) The Secretary of State shall suspend the driver's 7 license of a person convicted of a violation of Section 3.7 8 of the Drug Paraphernalia Control Act for a period of 12 9 months from the date of the defendant's sentence for a 10 violation of that Section. 11 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; 12 92-458, eff. 8-22-01; revised 8-27-01.) 13 Section 10. The Drug Paraphernalia Control Act is amended 14 by adding Sections 3.6 and 3.7 as follows: 15 (720 ILCS 600/3.6 new) 16 Sec. 3.6. Sale of a drug cleanser. 17 (a) Definition. In this Section, "drug cleanser" means a 18 product that masks, dilutes, or substitutes hair or any 19 bodily fluid to enable a user to produce a false negative 20 result on a drug test. 21 (b) A retail establishment that offers for sale, sells, 22 gives, exchanges, or delivers a drug cleanser for any 23 commercial consideration is a public nuisance and shall be 24 fined $1,000 for the first offense and $1,500 for each and 25 every subsequent offense. 26 (720 ILCS 600/3.7 new) 27 Sec. 3.7. Possession or use of a drug cleanser. 28 (a) A person who knowingly possesses or uses a drug 29 cleanser that masks, dilutes, or substitutes blood, urine, or 30 hair samples to enable its users to produce a false negative 31 result on a drug test is guilty of a Class C misdemeanor for -12- LRB9214852RCcd 1 which the court shall impose a minimum fine of $500 for the 2 first offense in addition to any other penalty prescribed for 3 a Class C misdemeanor. A second or subsequent violation of 4 this Section is a Class A misdemeanor for which the court 5 shall impose a minimum fine of $1,500 in addition to any 6 other penalty prescribed for a Class A misdemeanor. 7 (b) The court shall, in addition to any other penalty 8 that the court imposes for a violation of this Section, order 9 the defendant's driver's license suspended for a period of 12 10 months from the date on which the person who is convicted of 11 a violation of this Section is sentenced by the court. 12 Section 99. Effective date. This Act takes effect on 13 September 1, 2002.
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