Illinois General Assembly - Full Text of Public Act 093-0120
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Public Act 093-0120


 

Public Act 93-0120 of the 93rd General Assembly


Public Act 93-0120

HB0092 Enrolled                       LRB093 02382 RLC 02390b

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Vehicle  Code  is  amended by
changing Sections  6-205,  6-206,  11-204,  and  11-204.1  as
follows:

    (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
    Sec.  6-205.  Mandatory  revocation of license or permit;
Hardship cases.
    (a)  Except as provided in this Section, the Secretary of
State  shall  immediately  revoke  the  license,  permit,  or
driving privileges of any driver upon receiving a  report  of
the driver's conviction of any of the following offenses:
         1.  Reckless  homicide  resulting from the operation
    of a motor vehicle;
         2.  Violation of Section 11-501 of this  Code  or  a
    similar  provision  of  a local ordinance relating to the
    offense of operating or being in physical  control  of  a
    vehicle  while under the influence of alcohol, other drug
    or drugs, intoxicating  compound  or  compounds,  or  any
    combination thereof;
         3.  Any  felony  under  the laws of any State or the
    federal government in the commission  of  which  a  motor
    vehicle was used;
         4.  Violation   of   Section  11-401  of  this  Code
    relating to the offense of leaving the scene of a traffic
    accident involving death or personal injury;
         5.  Perjury or the making of a  false  affidavit  or
    statement under oath to the Secretary of State under this
    Code  or under any other law relating to the ownership or
    operation of motor vehicles;
         6.  Conviction  upon  3  charges  of  violation   of
    Section  11-503  of  this Code relating to the offense of
    reckless driving committed within a period of 12 months;
         7.  Conviction of any  offense  defined  in  Section
    4-102 of this Code;
         8.  Violation   of   Section  11-504  of  this  Code
    relating to the offense of drag racing;
         9.  Violation of Chapters 8 and 9 of this Code;
         10.  Violation of Section 12-5 of the Criminal  Code
    of 1961 arising from the use of a motor vehicle;
         11.  Violation  of  Section  11-204.1  of  this Code
    relating to aggravated fleeing or attempting to  elude  a
    peace police officer;
         12.  Violation of paragraph (1) of subsection (b) of
    Section  6-507,  or  a  similar  law  of any other state,
    relating to the unlawful operation of a commercial  motor
    vehicle;
         13.  Violation of paragraph (a) of Section 11-502 of
    this  Code or a similar provision of a local ordinance if
    the driver has been previously convicted of  a  violation
    of  that  Section  or  a  similar  provision  of  a local
    ordinance and the driver was less than 21 years of age at
    the time of the offense.
    (b)  The Secretary of State shall also immediately revoke
the  license  or  permit  of  any  driver  in  the  following
situations:
         1.  Of any minor upon receiving the notice  provided
    for  in  Section  5-901 of the Juvenile Court Act of 1987
    that the minor has been adjudicated  under  that  Act  as
    having  committed  an  offense relating to motor vehicles
    prescribed in Section 4-103 of this Code;
         2.  Of any person when any other law of  this  State
    requires either the revocation or suspension of a license
    or permit.

    (c)  Whenever  a  person  is  convicted  of  any  of  the
offenses  enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without  regard
to  whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving  permit
granting the privilege of driving a motor vehicle between the
petitioner's  residence  and petitioner's place of employment
or within the scope of the  petitioner's  employment  related
duties,  or  to  allow transportation for the petitioner or a
household member of the petitioner's family for  the  receipt
of  necessary medical care or, if the professional evaluation
indicates, provide  transportation  for  the  petitioner  for
alcohol  remedial  or  rehabilitative  activity,  or  for the
petitioner to attend classes, as a student, in an  accredited
educational   institution;  if  the  petitioner  is  able  to
demonstrate that no alternative means  of  transportation  is
reasonably available and the petitioner will not endanger the
public  safety  or  welfare;  provided  that  the Secretary's
discretion shall be limited to  cases  where  undue  hardship
would  result  from a failure to issue the restricted driving
permit.
    If a person's license  or  permit  has  been  revoked  or
suspended  due  to 2 or more convictions of violating Section
11-501 of this  Code  or  a  similar  provision  of  a  local
ordinance  or  a similar out-of-state offense, arising out of
separate occurrences, that person,  if  issued  a  restricted
driving  permit, may not operate a vehicle unless it has been
equipped with an ignition  interlock  device  as  defined  in
Section 1-129.1.
    If  a  person's  license  or  permit  has been revoked or
suspended 2 or more times within a 10 year period  due  to  a
single conviction of violating Section 11-501 of this Code or
a  similar  provision  of  a  local  ordinance  or  a similar
out-of-state offense,  and  a  statutory  summary  suspension
under  Section  11-501.1,  or  2  or  more  statutory summary
suspensions, or combination of 2 offenses, or of  an  offense
and  a  statutory summary suspension, arising out of separate
occurrences, that person,  if  issued  a  restricted  driving
permit, may not operate a vehicle unless it has been equipped
with  an  ignition  interlock  device  as  defined in Section
1-129.1.  The person must pay to the Secretary of  State  DUI
Administration  Fund  an  amount not to exceed $20 per month.
The Secretary shall establish by  rule  the  amount  and  the
procedures,  terms, and conditions relating to these fees. If
the restricted  driving  permit  was  issued  for  employment
purposes, then this provision does not apply to the operation
of  an  occupational vehicle owned or leased by that person's
employer.  In each case the Secretary of State  may  issue  a
restricted  driving permit for a period he deems appropriate,
except that the permit shall expire within one year from  the
date  of  issuance.  The  Secretary may not, however, issue a
restricted  driving  permit  to  any  person  whose   current
revocation is the result of a second or subsequent conviction
for  a  violation of Section 11-501 of this Code or a similar
provision of a local ordinance relating  to  the  offense  of
operating  or  being  in  physical control of a motor vehicle
while under the influence of alcohol, other  drug  or  drugs,
intoxicating   compound   or   compounds,   or   any  similar
out-of-state offense, or any combination thereof,  until  the
expiration  of  at  least  one  year  from  the  date  of the
revocation.  A restricted driving permit  issued  under  this
Section  shall  be  subject  to cancellation, revocation, and
suspension by the Secretary of State in like manner  and  for
like  cause  as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a conviction
upon  one  or  more  offenses  against  laws  or   ordinances
regulating the movement of traffic shall be deemed sufficient
cause  for  the  revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may,  as  a
condition  to  the  issuance  of a restricted driving permit,
require the applicant to participate in a  designated  driver
remedial or rehabilitative program. The Secretary of State is
authorized  to  cancel  a  restricted  driving  permit if the
permit holder does not  successfully  complete  the  program.
However,  if  an  individual's  driving  privileges have been
revoked in accordance with paragraph 13 of subsection (a)  of
this  Section,  no  restricted driving permit shall be issued
until the individual has served 6 months  of  the  revocation
period.
    (d)  Whenever  a  person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary  of  State  shall  revoke  the
driving  privileges  of that person.  One year after the date
of revocation, and upon application, the Secretary  of  State
may,  if satisfied that the person applying will not endanger
the public safety or  welfare,  issue  a  restricted  driving
permit granting the privilege of driving a motor vehicle only
between  the  hours  of  5  a.m.  and  9 p.m. or as otherwise
provided by this Section for a period of  one  year.    After
this one year period, and upon reapplication for a license as
provided  in  Section  6-106, upon payment of the appropriate
reinstatement fee provided under  paragraph  (b)  of  Section
6-118,  the  Secretary of State, in his discretion, may issue
the applicant a license, or  extend  the  restricted  driving
permit  as  many  times  as  the  Secretary  of  State  deems
appropriate, by additional periods of not more than 12 months
each, until the applicant attains 21 years of age.
    If  a  person's  license  or  permit  has been revoked or
suspended due to 2 or more convictions of  violating  Section
11-501  of  this  Code  or  a  similar  provision  of a local
ordinance or a similar out-of-state offense, arising  out  of
separate  occurrences,  that  person,  if issued a restricted
driving permit, may not operate a vehicle unless it has  been
equipped  with  an  ignition  interlock  device as defined in
Section 1-129.1.
    If a person's license  or  permit  has  been  revoked  or
suspended  2  or  more times within a 10 year period due to a
single conviction of violating Section 11-501 of this Code or
a similar  provision  of  a  local  ordinance  or  a  similar
out-of-state  offense,  and  a  statutory  summary suspension
under Section  11-501.1,  or  2  or  more  statutory  summary
suspensions,  or  combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out  of  separate
occurrences,  that  person,  if  issued  a restricted driving
permit, may not operate a vehicle unless it has been equipped
with an ignition  interlock  device  as  defined  in  Section
1-129.1.  The  person  must pay to the Secretary of State DUI
Administration Fund an amount not to exceed  $20  per  month.
The  Secretary  shall  establish  by  rule the amount and the
procedures, terms, and conditions relating to these fees.  If
the  restricted  driving  permit  was  issued  for employment
purposes, then this provision does not apply to the operation
of an occupational vehicle owned or leased by  that  person's
employer.   A  restricted  driving  permit  issued under this
Section shall be subject  to  cancellation,  revocation,  and
suspension  by  the Secretary of State in like manner and for
like cause as a driver's license issued under this  Code  may
be cancelled, revoked, or suspended; except that a conviction
upon   one  or  more  offenses  against  laws  or  ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or  cancellation  of  a
restricted  driving permit.  The revocation periods contained
in this subparagraph  shall  apply  to  similar  out-of-state
convictions.
    (e)  This  Section  is  subject  to the provisions of the
Driver License Compact.
    (f)  Any  revocation  imposed  upon  any   person   under
subsections  2  and  3  of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a  suspension  for  a
like period of time.
    (g)  The  Secretary of State shall not issue a restricted
driving permit to a person under the age of  16  years  whose
driving  privileges have been revoked under any provisions of
this Code.
    (h)  The Secretary of State  shall  require  the  use  of
ignition  interlock  devices  on  all  vehicles  owned  by an
individual who has been convicted of a second  or  subsequent
offense  under  Section  11-501  of  this  Code  or a similar
provision  of  a  local  ordinance.   The   Secretary   shall
establish   by   rule   and  regulation  the  procedures  for
certification and use of the interlock system.
    (i)  The Secretary of State may not  issue  a  restricted
driving  permit  for  a  period of one year after a second or
subsequent revocation  of  driving  privileges  under  clause
(a)(2) of this Section; however, one year after the date of a
second  or  subsequent revocation of driving privileges under
clause (a)(2) of this Section, the Secretary  of  State  may,
upon application, issue a restricted driving permit under the
terms and conditions of subsection (c).
(Source: P.A.  91-357,  eff.  7-29-99;  92-248,  eff. 8-3-01;
92-418, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-834,  eff.
8-22-02.)

    (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
    Sec. 6-206.  Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
    (a)  The  Secretary  of State is authorized to suspend or
revoke  the  driving  privileges  of   any   person   without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
         1.  Has  committed  an  offense  for which mandatory
    revocation of a driver's license or  permit  is  required
    upon conviction;
         2.  Has  been  convicted of not less than 3 offenses
    against traffic regulations  governing  the  movement  of
    vehicles  committed  within  any  12  month  period.   No
    revocation  or  suspension  shall  be entered more than 6
    months after the date of last conviction;
         3.  Has been repeatedly  involved  as  a  driver  in
    motor vehicle collisions or has been repeatedly convicted
    of  offenses  against  laws and ordinances regulating the
    movement of traffic, to a degree that indicates  lack  of
    ability  to  exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect  for  the
    traffic  laws  and  the  safety of other persons upon the
    highway;
         4.  Has by the unlawful operation of a motor vehicle
    caused or contributed to an accident resulting  in  death
    or injury requiring immediate professional treatment in a
    medical facility or doctor's office to any person, except
    that   any   suspension  or  revocation  imposed  by  the
    Secretary  of  State  under  the   provisions   of   this
    subsection shall start no later than 6 months after being
    convicted  of violating a law or ordinance regulating the
    movement of traffic, which violation is  related  to  the
    accident, or shall start not more than one year after the
    date of the accident, whichever date occurs later;
         5.  Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
         6.  Has  been  lawfully  convicted  of an offense or
    offenses in another state,  including  the  authorization
    contained  in  Section 6-203.1, which if committed within
    this State would be grounds for suspension or revocation;
         7.  Has  refused  or  failed   to   submit   to   an
    examination  provided  for by Section 6-207 or has failed
    to pass the examination;
         8.  Is ineligible for a driver's license  or  permit
    under the provisions of Section 6-103;
         9.  Has   made   a   false  statement  or  knowingly
    concealed a material fact or has used  false  information
    or  identification  in  any  application  for  a license,
    identification card, or permit;
         10.  Has  possessed,  displayed,  or  attempted   to
    fraudulently  use  any  license,  identification card, or
    permit not issued to the person;
         11.  Has operated a motor vehicle upon a highway  of
    this   State  when  the  person's  driving  privilege  or
    privilege to obtain a  driver's  license  or  permit  was
    revoked  or suspended unless the operation was authorized
    by a judicial driving  permit,  probationary  license  to
    drive,  or  a restricted driving permit issued under this
    Code;
         12.  Has submitted to any portion of the application
    process for another person or has obtained  the  services
    of  another  person  to  submit  to  any  portion  of the
    application  process  for  the  purpose  of  obtaining  a
    license, identification card, or permit  for  some  other
    person;
         13.  Has  operated a motor vehicle upon a highway of
    this State when the person's driver's license  or  permit
    was  invalid under the provisions of Sections 6-107.1 and
    6-110;
         14.  Has committed a  violation  of  Section  6-301,
    6-301.1,  or  6-301.2 of this Act, or Section 14, 14A, or
    14B of the Illinois Identification Card Act;
         15.  Has been convicted of violating Section 21-2 of
    the Criminal Code of 1961 relating to  criminal  trespass
    to  vehicles  in  which case, the suspension shall be for
    one year;
         16.  Has been convicted of violating Section  11-204
    of  this  Code  relating  to  fleeing from a peace police
    officer;
         17.  Has refused to submit to a test, or  tests,  as
    required  under  Section  11-501.1  of  this Code and the
    person has not  sought  a  hearing  as  provided  for  in
    Section 11-501.1;
         18.  Has,  since  issuance  of a driver's license or
    permit, been adjudged to be afflicted with  or  suffering
    from any mental disability or disease;
         19.  Has  committed  a violation of paragraph (a) or
    (b) of  Section  6-101  relating  to  driving  without  a
    driver's license;
         20.  Has  been  convicted of violating Section 6-104
    relating to classification of driver's license;
         21.  Has been convicted of violating Section  11-402
    of this Code relating to leaving the scene of an accident
    resulting  in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
         22.  Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of  Section  24-1
    of  the Criminal Code of 1961 relating to unlawful use of
    weapons, in which case the suspension shall  be  for  one
    year;
         23.  Has,  as a driver, been convicted of committing
    a violation of paragraph (a) of Section  11-502  of  this
    Code for a second or subsequent time within one year of a
    similar violation;
         24.  Has   been  convicted  by  a  court-martial  or
    punished   by   non-judicial   punishment   by   military
    authorities  of  the  United   States   at   a   military
    installation  in  Illinois  of  or  for a traffic related
    offense that is the same as  or  similar  to  an  offense

    specified under Section 6-205 or 6-206 of this Code;
         25.  Has  permitted any form of identification to be
    used by another in the application process  in  order  to
    obtain  or  attempt  to  obtain a license, identification
    card, or permit;
         26.  Has altered or attempted to alter a license  or
    has possessed an altered license, identification card, or
    permit;
         27.  Has violated Section 6-16 of the Liquor Control
    Act of 1934;
         28.  Has  been  convicted of the illegal possession,
    while operating or  in  actual  physical  control,  as  a
    driver,  of  a motor vehicle, of any controlled substance
    prohibited under the Illinois Controlled  Substances  Act
    or  any  cannabis  prohibited under the provisions of the
    Cannabis Control Act, in which case the person's  driving
    privileges  shall  be  suspended  for  one  year, and any
    driver  who  is  convicted  of  a  second  or  subsequent
    offense, within 5 years of a previous conviction, for the
    illegal possession, while operating or in actual physical
    control,  as  a  driver,  of  a  motor  vehicle,  of  any
    controlled substance prohibited under the  provisions  of
    the  Illinois  Controlled  Substances Act or any cannabis
    prohibited  under  the  Cannabis  Control  Act  shall  be
    suspended for 5 years. Any defendant found guilty of this
    offense while operating a motor vehicle,  shall  have  an
    entry  made  in  the  court record by the presiding judge
    that this offense  did  occur  while  the  defendant  was
    operating  a  motor  vehicle  and  order the clerk of the
    court to report the violation to the Secretary of State;
         29.  Has been convicted of  the  following  offenses
    that  were committed while the person was operating or in
    actual physical control, as a driver, of a motor vehicle:
    criminal  sexual  assault,  predatory   criminal   sexual
    assault  of  a child, aggravated criminal sexual assault,
    criminal sexual abuse, aggravated criminal sexual  abuse,
    juvenile  pimping,  soliciting  for a juvenile prostitute
    and the  manufacture,  sale  or  delivery  of  controlled
    substances  or  instruments  used for illegal drug use or
    abuse in which case the driver's driving privileges shall
    be suspended for one year;
         30.  Has been convicted a second or subsequent  time
    for any combination of the offenses named in paragraph 29
    of  this  subsection,  in which case the person's driving
    privileges shall be suspended for 5 years;
         31.  Has refused to submit to a test as required  by
    Section  11-501.6 or has submitted to a test resulting in
    an alcohol concentration of 0.08 or more or any amount of
    a  drug,  substance,  or  compound  resulting  from   the
    unlawful  use or consumption of cannabis as listed in the
    Cannabis Control Act, a controlled substance as listed in
    the   Illinois   Controlled   Substances   Act,   or   an
    intoxicating  compound  as   listed   in   the   Use   of
    Intoxicating  Compounds  Act,  in  which case the penalty
    shall be as prescribed in Section 6-208.1;
         32.  Has been convicted of  Section  24-1.2  of  the
    Criminal   Code   of  1961  relating  to  the  aggravated
    discharge of a firearm if the offender was located  in  a
    motor  vehicle at the time the firearm was discharged, in
    which case the suspension shall be for 3 years;
         33.  Has as  a driver, who was less than 21 years of
    age on the date of the offense, been  convicted  a  first
    time of a violation of paragraph (a) of Section 11-502 of
    this Code or a similar provision of a local ordinance;
         34.  Has  committed a violation of Section 11-1301.5
    of this Code;
         35.  Has committed a violation of Section  11-1301.6
    of this Code;
         36.  Is  under  the  age  of 21 years at the time of
    arrest and has been convicted of not less than 2 offenses
    against traffic regulations  governing  the  movement  of
    vehicles  committed  within  any  24  month  period.   No
    revocation  or  suspension  shall  be entered more than 6
    months after the date of last conviction;
         37.  Has committed a violation of subsection (c)  of
    Section 11-907 of this Code; or
         38.  Has  been  convicted  of a violation of Section
    6-20 of the Liquor Control  Act  of  1934  or  a  similar
    provision of a local ordinance; or.
         39.   38.  Has  committed  a  second  or  subsequent
    violation of Section 11-1201 of this Code.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
and  27  of  this  subsection,  license  means  any  driver's
license, any traffic ticket issued when the person's driver's
license  is  deposited  in  lieu of bail, a suspension notice
issued by the Secretary of State, a  duplicate  or  corrected
driver's  license,  a  probationary  driver's  license  or  a
temporary driver's license.
    (b)  If  any conviction forming the basis of a suspension
or revocation authorized under this Section is appealed,  the
Secretary  of  State may rescind or withhold the entry of the
order of suspension  or  revocation,  as  the  case  may  be,
provided  that a certified copy of a stay order of a court is
filed with the Secretary of  State.   If  the  conviction  is
affirmed  on  appeal, the date of the conviction shall relate
back to the time the  original  judgment  of  conviction  was
entered  and  the  6  month  limitation  prescribed shall not
apply.
     (c) 1.  Upon suspending or revoking the driver's license
    or permit of any person as authorized  in  this  Section,
    the  Secretary  of  State  shall  immediately  notify the
    person in writing of the revocation  or  suspension.  The
    notice to be deposited in the United States mail, postage
    prepaid, to the last known address of the person.
         2.  If  the Secretary of State suspends the driver's
    license of a person under subsection 2 of  paragraph  (a)
    of  this  Section,  a  person's  privilege  to  operate a
    vehicle as an occupation shall not be suspended, provided
    an affidavit is properly completed, the  appropriate  fee
    received, and a permit issued prior to the effective date
    of  the  suspension, unless 5 offenses were committed, at
    least 2 of which occurred while  operating  a  commercial
    vehicle   in   connection   with   the  driver's  regular
    occupation.  All  other  driving  privileges   shall   be
    suspended  by the Secretary of State. Any driver prior to
    operating a vehicle for occupational purposes  only  must
    submit  the  affidavit  on  forms  to  be provided by the
    Secretary  of  State  setting  forth  the  facts  of  the
    person's occupation.  The affidavit shall also state  the
    number of offenses committed while operating a vehicle in
    connection  with  the  driver's  regular  occupation. The
    affidavit shall be accompanied by the  driver's  license.
    Upon  receipt  of  a  properly  completed  affidavit, the
    Secretary of State shall issue the  driver  a  permit  to
    operate a vehicle in connection with the driver's regular
    occupation  only.  Unless  the  permit  is  issued by the
    Secretary of State prior to the date of  suspension,  the
    privilege  to  drive any motor vehicle shall be suspended
    as set forth in the notice that  was  mailed  under  this
    Section.  If  an  affidavit is received subsequent to the
    effective date of this suspension, a permit may be issued
    for the remainder of the suspension period.
         The provisions of this subparagraph shall not  apply
    to  any  driver  required to obtain a commercial driver's
    license under  Section  6-507  during  the  period  of  a
    disqualification  of  commercial driving privileges under
    Section 6-514.
         Any person  who  falsely  states  any  fact  in  the
    affidavit  required  herein  shall  be  guilty of perjury
    under Section 6-302 and  upon  conviction  thereof  shall
    have  all  driving  privileges  revoked  without  further
    rights.
         3.  At  the  conclusion  of  a hearing under Section
    2-118 of this Code, the Secretary of State  shall  either
    rescind  or  continue  an  order  of  revocation or shall
    substitute  an  order  of  suspension;  or,  good   cause
    appearing  therefor, rescind, continue, change, or extend
    the order of suspension.  If the Secretary of State  does
    not   rescind   the   order,   the   Secretary  may  upon
    application,  to  relieve   undue   hardship,   issue   a
    restricted  driving  permit  granting  the  privilege  of
    driving   a   motor   vehicle  between  the  petitioner's
    residence and petitioner's place of employment or  within
    the  scope  of his employment related duties, or to allow
    transportation for the petitioner, or a household  member
    of  the petitioner's family, to receive necessary medical
    care  and  if  the  professional  evaluation   indicates,
    provide    transportation   for   alcohol   remedial   or
    rehabilitative activity, or for the petitioner to  attend
    classes,  as  a  student,  in  an  accredited educational
    institution; if the petitioner  is  able  to  demonstrate
    that no alternative means of transportation is reasonably
    available and the petitioner will not endanger the public
    safety or welfare.
         If  a person's license or permit has been revoked or
    suspended due to  2  or  more  convictions  of  violating
    Section  11-501  of this Code or a similar provision of a
    local  ordinance  or  a  similar  out-of-state   offense,
    arising  out  of  separate  occurrences,  that person, if
    issued a restricted driving permit,  may  not  operate  a
    vehicle  unless  it  has  been  equipped with an ignition
    interlock device as defined in Section 1-129.1.
         If a person's license or permit has been revoked  or
    suspended  2 or more times within a 10 year period due to
    a single conviction of violating Section 11-501  of  this
    Code  or  a  similar  provision of a local ordinance or a
    similar out-of-state offense,  and  a  statutory  summary
    suspension under Section 11-501.1, or 2 or more statutory
    summary  suspensions, or combination of 2 offenses, or of
    an offense and a statutory  summary  suspension,  arising
    out  of  separate  occurrences,  that person, if issued a
    restricted driving permit,  may  not  operate  a  vehicle
    unless  it  has  been equipped with an ignition interlock
    device as defined in Section 1-129.1.   The  person  must
    pay  to the Secretary of State DUI Administration Fund an
    amount not to exceed $20 per month.  The Secretary  shall
    establish  by  rule the amount and the procedures, terms,
    and conditions relating to these fees.  If the restricted
    driving permit was issued for employment  purposes,  then
    this  provision  does  not  apply  to the operation of an
    occupational vehicle owned or  leased  by  that  person's
    employer.   In  each  case  the  Secretary  may  issue  a
    restricted   driving   permit   for   a   period   deemed
    appropriate,  except that all permits shall expire within
    one year from the date of issuance.   The  Secretary  may
    not,  however,  issue  a restricted driving permit to any
    person whose current revocation is the result of a second
    or subsequent  conviction  for  a  violation  of  Section
    11-501  of  this  Code  or a similar provision of a local
    ordinance relating to the offense of operating  or  being
    in  physical  control  of a motor vehicle while under the
    influence of alcohol, other drug or  drugs,  intoxicating
    compound   or  compounds,  or  any  similar  out-of-state
    offense, or any combination of those offenses, until  the
    expiration  of  at  least  one  year from the date of the
    revocation.  A restricted  driving  permit  issued  under
    this   Section   shall   be   subject   to  cancellation,
    revocation, and suspension by the Secretary of  State  in
    like  manner  and  for  like  cause as a driver's license
    issued under this Code  may  be  cancelled,  revoked,  or
    suspended;  except  that  a  conviction  upon one or more
    offenses  against  laws  or  ordinances  regulating   the
    movement  of traffic shall be deemed sufficient cause for
    the  revocation,  suspension,  or   cancellation   of   a
    restricted  driving  permit.  The Secretary of State may,
    as a condition to the issuance of  a  restricted  driving
    permit,   require  the  applicant  to  participate  in  a
    designated driver  remedial  or  rehabilitative  program.
    The   Secretary  of  State  is  authorized  to  cancel  a
    restricted driving permit if the permit holder  does  not
    successfully complete the program.
    (c-5)  The  Secretary of State may, as a condition of the
reissuance of a driver's license or permit  to  an  applicant
whose driver's license or permit has been suspended before he
or  she  reached  the  age of 18 years pursuant to any of the
provisions  of  this  Section,  require  the   applicant   to
participate  in  a  driver  remedial  education course and be
retested under Section 6-109 of this Code.
    (d)  This Section is subject to  the  provisions  of  the
Drivers License Compact.
    (e)  The  Secretary of State shall not issue a restricted
driving permit to a person under the age of  16  years  whose
driving  privileges  have been suspended or revoked under any
provisions of this Code.
(Source: P.A. 92-283,  eff.  1-1-02;  92-418,  eff.  8-17-01;
92-458,  eff.  8-22-01;  92-651,  eff.  7-11-02; 92-804, eff.
1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)
    (625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
    Sec. 11-204. Fleeing  or  attempting  to  elude  a  peace
police officer.
    (a)  Any  driver  or  operator  of  a  motor vehicle who,
having been given a visual  or  audible  signal  by  a  peace
officer  directing  such  driver  or  operator  to  bring his
vehicle to a stop, wilfully fails or  refuses  to  obey  such
direction,  increases  his speed, extinguishes his lights, or
otherwise flees or attempts to elude the officer,  is  guilty
of  a  Class  A  misdemeanor.  The  signal given by the peace
officer may be by hand, voice,  siren,  red  or  blue  light.
Provided,  the  officer giving such signal shall be in police
uniform, and,  if  driving  a  vehicle,  such  vehicle  shall
display  illuminated oscillating, rotating or flashing red or
blue lights which when used in conjunction  with  an  audible
horn  or  siren  would indicate the vehicle to be an official
police vehicle. Such requirement shall not preclude  the  use
of amber or white oscillating, rotating or flashing lights in
conjunction   with  red  or  blue  oscillating,  rotating  or
flashing lights as required in Section 12-215 of Chapter 12.
    (b)  Upon  receiving  notice  of  such   conviction   the
Secretary  of  State shall suspend the drivers license of the
person so convicted for a period of not more  than  6  months
for  a  first  conviction  and  not more than 12 months for a
second conviction.
    (c)  A third or subsequent violation of this Section is a
Class 4 felony.
(Source: P.A. 90-134, eff. 7-22-97.)

    (625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
    Sec. 11-204.1.  Aggravated fleeing or attempt to elude  a
peace police officer.
    (a)  The  offense  of aggravated fleeing or attempting to
elude a peace police officer is committed by  any  driver  or
operator  of a motor vehicle who flees or attempts to elude a
peace police officer, after being given a visual  or  audible
signal  by a peace police officer in the manner prescribed in
subsection (a) of Section  11-204  of  this  Code,  and  such
flight or attempt to elude:
         (1)  is  at  a  rate  of speed at least 21 miles per
    hour over the legal speed limit;
         (2)  causes bodily injury to any individual; or
         (3) causes damage in excess of $300 to property; or.
         (4)  involves disobedience of  2  or  more  official
    traffic control devices.
    (b)  Any  person  convicted  of a first violation of this
Section shall be guilty of a Class 4 felony.  Upon notice  of
such  a  conviction  the  Secretary  of State shall forthwith
revoke the driver's license of the person  so  convicted,  as
provided  in Section 6-205 of this Code. Any person convicted
of a second or subsequent violation of this Section shall  be
guilty  of  a  Class  3  felony,  and  upon  notice of such a
conviction the Secretary of State shall forthwith revoke  the
driver's  license  of  the  person  convicted, as provided in
Section 6-205 of the Code.
    (c)  The motor  vehicle  used  in  a  violation  of  this
Section  is  subject to seizure and forfeiture as provided in
Sections 36-1 and 36-2 of the Criminal Code of 1961.
(Source: P.A. 90-134, eff. 7-22-97.)

Effective Date: 01/01/04