Public Act 093-0955
Public Act 0955 93RD GENERAL ASSEMBLY
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Public Act 093-0955
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| HB7015 Enrolled |
LRB093 18262 DRH 43963 b |
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| AN ACT concerning transportation.
| 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 6-206 and 11-605 and by adding Section 11-605.1 as | follows:
| (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 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;
| 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. Has committed a second or subsequent violation of | Section
11-1201 of this Code; or .
| 40. Has committed a second or subsequent violation of | Section 11-605.1 of this Code within 2 years of the date of | the previous violation, in which case the suspension shall | be for 90 days.
| 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.
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| (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;
93-120, eff. 1-1-04.)
| (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
| Sec. 11-605. Special speed limit while passing schools or | while traveling
through highway
construction or maintenance | zones.
| (a) For the purpose of this Section, "school" means the | following
entities:
| (1) A public or private primary or secondary school.
| (2) A primary or secondary school operated by a | religious institution.
| (3) A public, private, or religious nursery school.
| On a school day when school children are present and so |
| close
thereto
that a potential hazard exists because of the | close proximity of the motorized
traffic, no person shall drive | a motor vehicle at a speed in excess of 20 miles
per hour while | passing a school zone or while traveling on a roadway on public
| school property or upon any public
thoroughfare where children | pass going
to and from school.
| For the purpose of this Section a school day shall begin at | seven ante
meridian and shall conclude at four post meridian.
| This Section shall not be applicable unless appropriate | signs are posted
upon streets and highways under their | respective jurisdiction and
maintained by the Department, | township, county, park district, city,
village or incorporated | town wherein the school zone is located. With regard
to the | special speed limit while passing schools, such signs
shall | give proper due warning that a school zone is being approached | and
shall indicate the school zone and the maximum speed limit | in effect during
school days when school children are present.
| (b) (Blank).
No person shall operate a motor vehicle in a | construction or
maintenance zone at a speed in excess of the | posted speed limit when workers
are present and so close to the | moving traffic that a potential hazard exists
because of the | motorized traffic.
| (c) Nothing in this Chapter shall
prohibit the use of | electronic speed-detecting devices within 500 feet of
signs | within a special school speed zone or a construction or | maintenance
zone indicating such zone, as defined
in this | Section, nor shall evidence obtained thereby be inadmissible in | any
prosecution for speeding provided the use of such device | shall apply only
to the enforcement of the speed limit in such | special school speed zone or a
construction or maintenance | zone.
| (d) (Blank).
For the purpose of this Section, a | construction or maintenance zone is
an area in which the | Department, Toll Highway Authority, or local agency has
| determined that the preexisting established speed limit | through a highway
construction or maintenance project is |
| greater than is reasonable or safe with
respect to the | conditions expected to exist in the construction or maintenance
| zone and has posted a lower speed limit with a highway | construction or
maintenance zone special speed limit sign.
| Highway construction or maintenance zone special speed | limit signs shall be
of a design approved by the Department. | The signs shall give proper due
warning that a construction or | maintenance zone is being approached and shall
indicate the | maximum speed limit in effect. The signs shall also state the
| amount of the minimum fine for a violation when workers are | present.
| (e) A first violation of this Section is a petty
offense | with a minimum fine
of $150. A second or subsequent violation | of this
Section is a petty offense with a minimum fine of $300.
| (f) When a fine for a violation of subsection (a) is $150 | or greater,
the person who violates subsection (a) shall be | charged an additional
$50 to be paid to the unit school
| district where the
violation
occurred for school safety | purposes. If the violation occurred in a dual
school district,
| $25 of the surcharge shall be paid to the elementary school | district for school
safety
purposes and $25 of the surcharge | shall be paid to the high school district for
school
safety | purposes. Notwithstanding any other provision of law, the | entire $50
surcharge
shall be paid to the appropriate school | district or districts.
| For purposes of this subsection (f), "school safety | purposes" includes the
costs
associated with school zone safety | education and
the purchase, installation, and maintenance of | caution lights
which are
mounted on school speed zone signs.
| (g) (Blank).
When a fine for a violation of subsection (b) | is $150 or greater,
the person who violates subsection (b) | shall be charged an additional $50.
The $50 surcharge shall be | deposited into the Transportation Safety Highway
Hire-back | Fund.
| (h) (Blank).
The
Transportation Safety Highway
Hire-back | Fund is created as a special fund in the State treasury.
|
| Subject to appropriation by the General Assembly and approval | by the
Secretary, the Secretary of Transportation shall use all | moneys in the
Transportation Safety Highway
Hire-back Fund to | hire off-duty Department of State Police officers to monitor
| construction or maintenance zones.
| (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02; 92-619, | eff. 1-1-03;
92-780, eff. 8-6-02; revised 8-22-02.)
| (625 ILCS 5/11-605.1 new) | Sec. 11-605.1. Special limit while traveling through a | highway construction or maintenance speed zone. | (a) A person may not operate a motor vehicle in a | construction or maintenance speed zone at a speed in excess of | the posted speed limit.
| (b) Nothing in this Chapter prohibits the use of electronic | speed-detecting devices within 500 feet of signs within a | construction or maintenance speed zone indicating the zone, as | defined in this Section, nor shall evidence obtained by use of | those devices be inadmissible in any prosecution for speeding, | provided the use of the device shall apply only to the | enforcement of the speed limit in the construction or | maintenance speed zone.
| (c) As used in this Section, a "construction or maintenance | speed zone" is an area in which the Department, Toll Highway | Authority, or local agency has determined that the preexisting | established speed limit through a highway construction or | maintenance project is greater than is reasonable or safe with | respect to the conditions expected to exist in the construction | or maintenance speed zone and has posted a lower speed limit | with a highway construction or maintenance speed zone special | speed limit sign. | Highway construction or maintenance speed zone special | speed limit signs shall be of a design approved by the | Department. The signs must give proper due warning that a | construction or maintenance speed zone is being approached and | must indicate the maximum speed limit in effect. The signs also |
| must state the amount of the minimum fine for a violation.
| (d) A first violation of this Section is a petty offense | with a minimum fine of $250. A second or subsequent violation | of this Section is a petty offense with a minimum fine of $750. | (e) If a fine for a violation of this Section is $250 or | greater, the person who violated this Section shall be charged | an additional $125, which shall be deposited into the | Transportation Safety Highway Hire-back Fund. In the case of a | second or subsequent violation of this Section, if the fine is | $750 or greater, the person who violated this Section shall be | charged an additional $250, which shall be deposited into the | Transportation Safety Highway Hire-back Fund.
| (f) The Transportation Safety Highway Hire-back Fund, | which was created by Public Act 92-619, shall continue to be a | special fund in the State treasury. Subject to appropriation by | the General Assembly and approval by the Secretary, the | Secretary of Transportation shall use all moneys in the | Transportation Safety Highway Hire-back Fund to hire off-duty | Department of State Police officers to monitor construction or | maintenance zones. | (g) For a second or subsequent violation of this Section | within 2 years of the date of the previous violation, the | Secretary of State shall suspend the driver's license of the | violator for a period of 90 days.
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/19/2004
|
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