093_HB1278

 
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 1        AN ACT concerning driver's licenses.

 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 Sections 6-205, 6-206, and 11-501 as follows:

 6        (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
 7        Sec. 6-205.  Mandatory revocation of license  or  permit;
 8    Hardship cases.
 9        (a)  Except as provided in this Section, the Secretary of
10    State  shall  immediately  revoke  the  license,  permit,  or
11    driving  privileges  of any driver upon receiving a report of
12    the driver's conviction of any of the following offenses:
13             1.  Reckless homicide resulting from  the  operation
14        of a motor vehicle;
15             2.  Violation  of  Section  11-501 of this Code or a
16        similar provision of a local ordinance  relating  to  the
17        offense  of  operating  or being in physical control of a
18        vehicle while under the influence of alcohol, other  drug
19        or  drugs,  intoxicating  compound  or  compounds, or any
20        combination thereof;
21             3.  Any felony under the laws of any  State  or  the
22        federal  government  in  the  commission of which a motor
23        vehicle was used;
24             4.  Violation  of  Section  11-401  of   this   Code
25        relating to the offense of leaving the scene of a traffic
26        accident involving death or personal injury;
27             5.  Perjury  or  the  making of a false affidavit or
28        statement under oath to the Secretary of State under this
29        Code or under any other law relating to the ownership  or
30        operation of motor vehicles;
31             6.  Conviction   upon  3  charges  of  violation  of
 
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 1        Section 11-503 of this Code relating to  the  offense  of
 2        reckless driving committed within a period of 12 months;
 3             7.  Conviction  of  any  offense  defined in Section
 4        4-102 of this Code;
 5             8.  Violation  of  Section  11-504  of   this   Code
 6        relating to the offense of drag racing;
 7             9.  Violation of Chapters 8 and 9 of this Code;
 8             10.  Violation  of Section 12-5 of the Criminal Code
 9        of 1961 arising from the use of a motor vehicle;
10             11.  Violation of  Section  11-204.1  of  this  Code
11        relating  to  aggravated fleeing or attempting to elude a
12        police officer;
13             12.  Violation of paragraph (1) of subsection (b) of
14        Section 6-507, or a  similar  law  of  any  other  state,
15        relating  to the unlawful operation of a commercial motor
16        vehicle;
17             13.  Violation of paragraph (a) of Section 11-502 of
18        this Code or a similar provision of a local ordinance  if
19        the  driver  has been previously convicted of a violation
20        of that  Section  or  a  similar  provision  of  a  local
21        ordinance and the driver was less than 21 years of age at
22        the time of the offense.
23        (b)  The Secretary of State shall also immediately revoke
24    the  license  or  permit  of  any  driver  in  the  following
25    situations:
26             1.  Of  any minor upon receiving the notice provided
27        for in Section 5-901 of the Juvenile Court  Act  of  1987
28        that  the  minor  has  been adjudicated under that Act as
29        having committed an offense relating  to  motor  vehicles
30        prescribed in Section 4-103 of this Code;
31             2.  Of  any  person when any other law of this State
32        requires either the revocation or suspension of a license
33        or permit.
34        (c)  Whenever  a  person  is  convicted  of  any  of  the
 
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 1    offenses enumerated in this Section, the court may  recommend
 2    and  the Secretary of State in his discretion, without regard
 3    to whether the recommendation is made by the court may,  upon
 4    application,  issue to the person a restricted driving permit
 5    granting the privilege of driving a motor vehicle between the
 6    petitioner's residence and petitioner's place  of  employment
 7    or  within  the  scope of the petitioner's employment related
 8    duties, or to allow transportation for the  petitioner  or  a
 9    household  member  of the petitioner's family for the receipt
10    of necessary medical care or, if the professional  evaluation
11    indicates,  provide  transportation for the petitioner to and
12    from for  alcohol or drug remedial or rehabilitative activity
13    recommended by  a  licensed  service  provider,  or  for  the
14    petitioner  to attend classes, as a student, in an accredited
15    educational institution.; if The petitioner must is  able  to
16    demonstrate  that  no  alternative means of transportation is
17    reasonably  available  and  that  the  petitioner  will   not
18    endanger  the  public  safety  or  welfare; provided that the
19    Secretary's discretion shall be limited to cases where  undue
20    hardship,  as  defined  by  rules  of the Secretary of State,
21    would result from a failure to issue the  restricted  driving
22    permit.  However,  those  multiple  offenders  whose  driving
23    privileges  have been revoked pursuant to Section 6-208(b)(4)
24    of this Code shall not be eligible  for  the  issuance  of  a
25    restricted driving permit.
26        If  a  person's  license  or  permit  has been revoked or
27    suspended due to 2 or more convictions of  violating  Section
28    11-501  of  this  Code  or  a  similar  provision  of a local
29    ordinance or a similar out-of-state offense, arising  out  of
30    separate  occurrences,  that  person,  if issued a restricted
31    driving permit, may not operate a vehicle unless it has  been
32    equipped  with  an  ignition  interlock  device as defined in
33    Section 1-129.1.
34        If a person's license  or  permit  has  been  revoked  or
 
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 1    suspended  2  or  more times within a 10 year period due to a
 2    single conviction of violating Section 11-501 of this Code or
 3    a similar  provision  of  a  local  ordinance  or  a  similar
 4    out-of-state  offense,  and  a  statutory  summary suspension
 5    under Section  11-501.1,  or  2  or  more  statutory  summary
 6    suspensions,  or  combination of 2 offenses, or of an offense
 7    and a statutory summary suspension, arising out  of  separate
 8    occurrences,  that  person,  if  issued  a restricted driving
 9    permit, may not operate a vehicle unless it has been equipped
10    with an ignition  interlock  device  as  defined  in  Section
11    1-129.1.    The person must pay to the Secretary of State DUI
12    Administration Fund an amount not to exceed  $20  per  month.
13    The  Secretary  shall  establish  by  rule the amount and the
14    procedures, terms, and conditions relating to these fees.  If
15    the  restricted  driving  permit  was  issued  for employment
16    purposes, then this provision does not apply to the operation
17    of an occupational vehicle owned or leased by  that  person's
18    employer.    In  each case the Secretary of State may issue a
19    restricted driving permit for a period he deems  appropriate,
20    except  that the permit shall expire within one year from the
21    date of issuance. The Secretary may  not,  however,  issue  a
22    restricted   driving  permit  to  any  person  whose  current
23    revocation is the result of a second or subsequent conviction
24    for a violation of Section 11-501 of this Code or  a  similar
25    provision  of  a  local  ordinance relating to the offense of
26    operating or being in physical control  of  a  motor  vehicle
27    while  under  the  influence of alcohol, other drug or drugs,
28    intoxicating  compound   or   compounds,   or   any   similar
29    out-of-state  offense,  or any combination thereof, until the
30    expiration of  at  least  one  year  from  the  date  of  the
31    revocation.   A  restricted  driving permit issued under this
32    Section shall be subject  to  cancellation,  revocation,  and
33    suspension  by  the Secretary of State in like manner and for
34    like cause as a driver's license issued under this  Code  may
 
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 1    be cancelled, revoked, or suspended; except that a conviction
 2    upon   one  or  more  offenses  against  laws  or  ordinances
 3    regulating the movement of traffic shall be deemed sufficient
 4    cause for the revocation, suspension, or  cancellation  of  a
 5    restricted  driving  permit. The Secretary of State may, as a
 6    condition to the issuance of  a  restricted  driving  permit,
 7    require   the   petitioner  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.  However,  if an individual's driving
12    privileges have been revoked in accordance with paragraph  13
13    of  subsection  (a)  of  this  Section, no restricted driving
14    permit shall be issued until  the  individual  has  served  6
15    months of the revocation period.
16        (d)  Whenever  a  person under the age of 21 is convicted
17    under Section 11-501 of this Code, or a similar provision  of
18    a  local  ordinance,  or  a similar out-of-state offense, the
19    Secretary of State shall revoke  the  driving  privileges  of
20    that person.  One year after the date of revocation, and upon
21    application,  the  Secretary  of State may, if satisfied that
22    the person applying will not endanger the  public  safety  or
23    welfare,  issue  a  restricted  driving  permit  granting the
24    privilege of driving a motor vehicle only between  the  hours
25    of 5 a.m. and 9 p.m. or as otherwise provided by this Section
26    for  a  period  of one year.  After this one year period, and
27    upon reapplication for  a  license  as  provided  in  Section
28    6-106,  upon  payment  of  the  appropriate reinstatement fee
29    provided under paragraph (b) of Section 6-118, the  Secretary
30    of  State,  in  his  discretion, may reinstate the petition's
31    driver's license and driving privileges issue the applicant a
32    license, or extend the  restricted  driving  permit  as  many
33    times  as  the  Secretary  of  State  deems  appropriate,  by
34    additional periods of not more than 12 months each, until the
 
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 1    petitioner   applicant   attains   21  years  of  age.  These
 2    restrictions  apply  regardless  of  whether  the  petitioner
 3    attains 21 years of age prior to the date of eligibility  for
 4    reinstatement.
 5        If  a  person's  license  or  permit  has been revoked or
 6    suspended due to 2 or more convictions of  violating  Section
 7    11-501  of  this  Code  or  a  similar  provision  of a local
 8    ordinance or a similar out-of-state offense, arising  out  of
 9    separate  occurrences,  that  person,  if issued a restricted
10    driving permit, may not operate a vehicle unless it has  been
11    equipped  with  an  ignition  interlock  device as defined in
12    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 a
15    single conviction of violating Section 11-501 of this Code or
16    a similar  provision  of  a  local  ordinance  or  a  similar
17    out-of-state  offense,  and  a  statutory  summary suspension
18    under Section  11-501.1,  or  2  or  more  statutory  summary
19    suspensions,  or  combination of 2 offenses, or of an offense
20    and a statutory summary suspension, arising out  of  separate
21    occurrences,  that  person,  if  issued  a restricted driving
22    permit, may not operate a vehicle unless it has been equipped
23    with an ignition  interlock  device  as  defined  in  Section
24    1-129.1.  The  person  must pay to the Secretary of State DUI
25    Administration Fund an amount not to exceed  $20  per  month.
26    The  Secretary  shall  establish  by  rule the amount and the
27    procedures, terms, and conditions relating to these fees.  If
28    the  restricted  driving  permit  was  issued  for employment
29    purposes, then this provision does not apply to the operation
30    of an occupational vehicle owned or leased by  that  person's
31    employer.   A  restricted  driving  permit  issued under this
32    Section shall be subject  to  cancellation,  revocation,  and
33    suspension  by  the Secretary of State in like manner and for
34    like cause as a driver's license issued under this  Code  may
 
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 1    be cancelled, revoked, or suspended; except that a conviction
 2    upon   one  or  more  offenses  against  laws  or  ordinances
 3    regulating the movement of traffic shall be deemed sufficient
 4    cause for the revocation, suspension, or  cancellation  of  a
 5    restricted  driving permit.  The revocation periods contained
 6    in this subparagraph  shall  apply  to  similar  out-of-state
 7    convictions.
 8        (e)  This  Section  is  subject  to the provisions of the
 9    Driver License Compact.
10        (f)  Any  revocation  imposed  upon  any   person   under
11    subsections  2  and  3  of paragraph (b) that is in effect on
12    December 31, 1988 shall be converted to a  suspension  for  a
13    like period of time.
14        (g)  The  Secretary of State shall not issue a restricted
15    driving permit to a person under the age of  16  years  whose
16    driving  privileges have been revoked under any provisions of
17    this Code.
18        (h)  The Secretary of State  shall  require  the  use  of
19    ignition  interlock  devices  on  all  vehicles  owned  by an
20    individual who has been convicted of a second  or  subsequent
21    offense  under  Section  11-501  of  this  Code  or a similar
22    provision  of  a  local  ordinance.   The   Secretary   shall
23    establish   by   rule   and  regulation  the  procedures  for
24    certification and use of the interlock system.
25        (i)  The Secretary of State may not  issue  a  restricted
26    driving  permit  for  a  period of one year after a second or
27    subsequent revocation  of  driving  privileges  under  clause
28    (a)(2) of this Section; however, one year after the date of a
29    second  or  subsequent revocation of driving privileges under
30    clause (a)(2) of this Section, the Secretary  of  State  may,
31    upon application, issue a restricted driving permit under the
32    terms and conditions of subsection (c).
33    (Source: P.A.  91-357,  eff.  7-29-99;  92-248,  eff. 8-3-01;
34    92-418, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-834,  eff.
 
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 1    8-22-02.)

 2        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
 3        Sec. 6-206.  Discretionary authority to suspend or revoke
 4    license or permit; Right to a hearing.
 5        (a)  The  Secretary  of State is authorized to suspend or
 6    revoke  the  driving  privileges  of   any   person   without
 7    preliminary hearing upon a showing of the person's records or
 8    other sufficient evidence that the person:
 9             1.  Has  committed  an  offense  for which mandatory
10        revocation of a driver's license or  permit  is  required
11        upon conviction;
12             2.  Has  been  convicted of not less than 3 offenses
13        against traffic regulations  governing  the  movement  of
14        vehicles  committed  within  any  12  month  period.   No
15        revocation  or  suspension  shall  be entered more than 6
16        months after the date of last conviction;
17             3.  Has been repeatedly  involved  as  a  driver  in
18        motor vehicle collisions or has been repeatedly convicted
19        of  offenses  against  laws and ordinances regulating the
20        movement of traffic, to a degree that indicates  lack  of
21        ability  to  exercise ordinary and reasonable care in the
22        safe operation of a motor vehicle or disrespect  for  the
23        traffic  laws  and  the  safety of other persons upon the
24        highway;
25             4.  Has by the unlawful operation of a motor vehicle
26        caused or contributed to an accident resulting  in  death
27        or injury requiring immediate professional treatment in a
28        medical facility or doctor's office to any person, except
29        that   any   suspension  or  revocation  imposed  by  the
30        Secretary  of  State  under  the   provisions   of   this
31        subsection shall start no later than 6 months after being
32        convicted  of violating a law or ordinance regulating the
33        movement of traffic, which violation is  related  to  the
 
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 1        accident, or shall start not more than one year after the
 2        date of the accident, whichever date occurs later;
 3             5.  Has permitted an unlawful or fraudulent use of a
 4        driver's license, identification card, or permit;
 5             6.  Has  been  lawfully  convicted  of an offense or
 6        offenses in another state,  including  the  authorization
 7        contained  in  Section 6-203.1, which if committed within
 8        this State would be grounds for suspension or revocation;
 9             7.  Has  refused  or  failed   to   submit   to   an
10        examination  provided  for by Section 6-207 or has failed
11        to pass the examination;
12             8.  Is ineligible for a driver's license  or  permit
13        under the provisions of Section 6-103;
14             9.  Has   made   a   false  statement  or  knowingly
15        concealed a material fact or has used  false  information
16        or  identification  in  any  application  for  a license,
17        identification card, or permit;
18             10.  Has  possessed,  displayed,  or  attempted   to
19        fraudulently  use  any  license,  identification card, or
20        permit not issued to the person;
21             11.  Has operated a motor vehicle upon a highway  of
22        this   State  when  the  person's  driving  privilege  or
23        privilege to obtain a  driver's  license  or  permit  was
24        revoked  or suspended unless the operation was authorized
25        by a judicial driving  permit,  probationary  license  to
26        drive,  or  a restricted driving permit issued under this
27        Code;
28             12.  Has submitted to any portion of the application
29        process for another person or has obtained  the  services
30        of  another  person  to  submit  to  any  portion  of the
31        application  process  for  the  purpose  of  obtaining  a
32        license, identification card, or permit  for  some  other
33        person;
34             13.  Has  operated a motor vehicle upon a highway of
 
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 1        this State when the person's driver's license  or  permit
 2        was  invalid under the provisions of Sections 6-107.1 and
 3        6-110;
 4             14.  Has committed a  violation  of  Section  6-301,
 5        6-301.1,  or  6-301.2 of this Act, or Section 14, 14A, or
 6        14B of the Illinois Identification Card Act;
 7             15.  Has been convicted of violating Section 21-2 of
 8        the Criminal Code of 1961 relating to  criminal  trespass
 9        to  vehicles  in  which case, the suspension shall be for
10        one year;
11             16.  Has been convicted of violating Section  11-204
12        of this Code relating to fleeing from a police officer;
13             17.  Has  refused  to submit to a test, or tests, as
14        required under Section 11-501.1  of  this  Code  and  the
15        person  has  not  sought  a  hearing  as  provided for in
16        Section 11-501.1;
17             18.  Has, since issuance of a  driver's  license  or
18        permit,  been  adjudged to be afflicted with or suffering
19        from any mental disability or disease;
20             19.  Has committed a violation of paragraph  (a)  or
21        (b)  of  Section  6-101  relating  to  driving  without a
22        driver's license;
23             20.  Has been convicted of violating  Section  6-104
24        relating to classification of driver's license;
25             21.  Has  been convicted of violating Section 11-402
26        of this Code relating to leaving the scene of an accident
27        resulting in damage to a vehicle in excess of $1,000,  in
28        which case the suspension shall be for one year;
29             22.  Has used a motor vehicle in violating paragraph
30        (3),  (4),  (7), or (9) of subsection (a) of Section 24-1
31        of the Criminal Code of 1961 relating to unlawful use  of
32        weapons,  in  which  case the suspension shall be for one
33        year;
34             23.  Has, as a driver, been convicted of  committing
 
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 1        a  violation  of  paragraph (a) of Section 11-502 of this
 2        Code for a second or subsequent time within one year of a
 3        similar violation;
 4             24.  Has  been  convicted  by  a  court-martial   or
 5        punished   by   non-judicial   punishment   by   military
 6        authorities   of   the   United   States  at  a  military
 7        installation in Illinois of  or  for  a  traffic  related
 8        offense  that  is  the  same  as or similar to an offense
 9        specified under Section 6-205 or 6-206 of this Code;
10             25.  Has permitted any form of identification to  be
11        used  by  another  in the application process in order to
12        obtain or attempt to  obtain  a  license,  identification
13        card, or permit;
14             26.  Has  altered or attempted to alter a license or
15        has possessed an altered license, identification card, or
16        permit;
17             27.  Has violated Section 6-16 of the Liquor Control
18        Act of 1934;
19             28.  Has been convicted of the  illegal  possession,
20        while  operating  or  in  actual  physical  control, as a
21        driver, of a motor vehicle, of any  controlled  substance
22        prohibited  under  the Illinois Controlled Substances Act
23        or any cannabis prohibited under the  provisions  of  the
24        Cannabis  Control Act, in which case the person's driving
25        privileges shall be  suspended  for  one  year,  and  any
26        driver  who  is  convicted  of  a  second  or  subsequent
27        offense, within 5 years of a previous conviction, for the
28        illegal possession, while operating or in actual physical
29        control,  as  a  driver,  of  a  motor  vehicle,  of  any
30        controlled  substance  prohibited under the provisions of
31        the Illinois Controlled Substances Act  or  any  cannabis
32        prohibited  under  the  Cannabis  Control  Act  shall  be
33        suspended for 5 years. Any defendant found guilty of this
34        offense  while  operating  a motor vehicle, shall have an
 
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 1        entry made in the court record  by  the  presiding  judge
 2        that  this  offense  did  occur  while  the defendant was
 3        operating a motor vehicle and  order  the  clerk  of  the
 4        court to report the violation to the Secretary of State;
 5             29.  Has  been  convicted  of the following offenses
 6        that were committed while the person was operating or  in
 7        actual physical control, as a driver, of a motor vehicle:
 8        criminal   sexual   assault,  predatory  criminal  sexual
 9        assault of a child, aggravated criminal  sexual  assault,
10        criminal  sexual abuse, aggravated criminal sexual abuse,
11        juvenile pimping, soliciting for  a  juvenile  prostitute
12        and  the  manufacture,  sale  or  delivery  of controlled
13        substances or instruments used for illegal  drug  use  or
14        abuse in which case the driver's driving privileges shall
15        be suspended for one year;
16             30.  Has  been convicted a second or subsequent time
17        for any combination of the offenses named in paragraph 29
18        of this subsection, in which case  the  person's  driving
19        privileges shall be suspended for 5 years;
20             31.  Has  refused to submit to a test as required by
21        Section 11-501.6 or has submitted to a test resulting  in
22        an alcohol concentration of 0.08 or more or any amount of
23        a   drug,  substance,  or  compound  resulting  from  the
24        unlawful use or consumption of cannabis as listed in  the
25        Cannabis Control Act, a controlled substance as listed in
26        the   Illinois   Controlled   Substances   Act,   or   an
27        intoxicating   compound   as   listed   in   the  Use  of
28        Intoxicating Compounds Act, in  which  case  the  penalty
29        shall be as prescribed in Section 6-208.1;
30             32.  Has  been  convicted  of  Section 24-1.2 of the
31        Criminal  Code  of  1961  relating  to   the   aggravated
32        discharge  of  a firearm if the offender was located in a
33        motor vehicle at the time the firearm was discharged,  in
34        which case the suspension shall be for 3 years;
 
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 1             33.  Has as  a driver, who was less than 21 years of
 2        age  on  the  date of the offense, been convicted a first
 3        time of a violation of paragraph (a) of Section 11-502 of
 4        this Code or a similar provision of a local ordinance;
 5             34.  Has committed a violation of Section  11-1301.5
 6        of this Code;
 7             35.  Has  committed a violation of Section 11-1301.6
 8        of this Code;
 9             36.  Is under the age of 21 years  at  the  time  of
10        arrest and has been convicted of not less than 2 offenses
11        against  traffic  regulations  governing  the movement of
12        vehicles  committed  within  any  24  month  period.   No
13        revocation or suspension shall be  entered  more  than  6
14        months after the date of last conviction;
15             37.  Has  committed a violation of subsection (c) of
16        Section 11-907 of this Code; or
17             38.  Has been convicted of a  violation  of  Section
18        6-20  of  the  Liquor  Control  Act  of 1934 or a similar
19        provision of a local ordinance;.
20             39.  38.  Has  committed  a  second  or   subsequent
21        violation of Section 11-1201 of this Code; or.
22             40.  Has  committed  perjury,  submitted  fraudulent
23        documents,  submitted documents that have been materially
24        altered, or submitted documents as his or  her  own  that
25        were  in  fact prepared or composed for another person in
26        conjunction with or during the course of a formal hearing
27        conducted pursuant to Section 2-118 of this Code.
28        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
29    and  27  of  this  subsection,  license  means  any  driver's
30    license, any traffic ticket issued when the person's driver's
31    license  is  deposited  in  lieu of bail, a suspension notice
32    issued by the Secretary of State, a  duplicate  or  corrected
33    driver's  license,  a  probationary  driver's  license  or  a
34    temporary driver's license.
 
                            -14-     LRB093 03491 LCB 03520 b
 1        (b)  If  any conviction forming the basis of a suspension
 2    or revocation authorized under this Section is appealed,  the
 3    Secretary  of  State may rescind or withhold the entry of the
 4    order of suspension  or  revocation,  as  the  case  may  be,
 5    provided  that a certified copy of a stay order of a court is
 6    filed with the Secretary of  State.   If  the  conviction  is
 7    affirmed  on  appeal, the date of the conviction shall relate
 8    back to the time the  original  judgment  of  conviction  was
 9    entered  and  the  6  month  limitation  prescribed shall not
10    apply.
11         (c) 1.  Upon suspending or revoking the driver's license
12        or permit of any person as authorized  in  this  Section,
13        the  Secretary  of  State  shall  immediately  notify the
14        person in writing of the revocation  or  suspension.  The
15        notice to be deposited in the United States mail, postage
16        prepaid, to the last known address of the person.
17             2.  If  the Secretary of State suspends the driver's
18        license of a person under subsection 2 of  paragraph  (a)
19        of  this  Section,  a  person's  privilege  to  operate a
20        vehicle as an occupation shall not be suspended, provided
21        an affidavit is properly completed, the  appropriate  fee
22        received, and a permit issued prior to the effective date
23        of  the  suspension, unless 5 offenses were committed, at
24        least 2 of which occurred while  operating  a  commercial
25        vehicle   in   connection   with   the  driver's  regular
26        occupation.  All  other  driving  privileges   shall   be
27        suspended  by the Secretary of State. Any driver prior to
28        operating a vehicle for occupational purposes  only  must
29        submit  the  affidavit  on  forms  to  be provided by the
30        Secretary  of  State  setting  forth  the  facts  of  the
31        person's occupation.  The affidavit shall also state  the
32        number of offenses committed while operating a vehicle in
33        connection  with  the  driver's  regular  occupation. The
34        affidavit shall be accompanied by the  driver's  license.
 
                            -15-     LRB093 03491 LCB 03520 b
 1        Upon  receipt  of  a  properly  completed  affidavit, the
 2        Secretary of State shall issue the  driver  a  permit  to
 3        operate a vehicle in connection with the driver's regular
 4        occupation  only.  Unless  the  permit  is  issued by the
 5        Secretary of State prior to the date of  suspension,  the
 6        privilege  to  drive any motor vehicle shall be suspended
 7        as set forth in the notice that  was  mailed  under  this
 8        Section.  If  an  affidavit is received subsequent to the
 9        effective date of this suspension, a permit may be issued
10        for the remainder of the suspension period.
11             The provisions of this subparagraph shall not  apply
12        to  any  driver  required to obtain a commercial driver's
13        license under  Section  6-507  during  the  period  of  a
14        disqualification  of  commercial driving privileges under
15        Section 6-514.
16             Any person  who  falsely  states  any  fact  in  the
17        affidavit  required  herein  shall  be  guilty of perjury
18        under Section 6-302 and  upon  conviction  thereof  shall
19        have  all  driving  privileges  revoked  without  further
20        rights.
21             3.  At  the  conclusion  of  a hearing under Section
22        2-118 of this Code, the Secretary of State  shall  either
23        rescind  or  continue  an  order  of  revocation or shall
24        substitute  an  order  of  suspension;  or,  good   cause
25        appearing  therefor, rescind, continue, change, or extend
26        the order of suspension.  If the Secretary of State  does
27        not   rescind   the   order,   the   Secretary  may  upon
28        application, to relieve undue hardship as defined by  the
29        rules  of  the  Secretary  of  State,  issue a restricted
30        driving permit granting the privilege of driving a  motor
31        vehicle    between   the   petitioner's   residence   and
32        petitioner's place of employment or within the  scope  of
33        the  petitioner's  his  employment  related duties, or to
34        allow transportation for the petitioner, or  a  household
 
                            -16-     LRB093 03491 LCB 03520 b
 1        member  of  the petitioner's family, to receive necessary
 2        medical  care  and   if   the   professional   evaluation
 3        indicates, provide transportation to and from for alcohol
 4        remedial  or  rehabilitative  activity  recommended  by a
 5        licensed service  provider,  or  for  the  petitioner  to
 6        attend   classes,   as   a   student,  in  an  accredited
 7        educational institution.; if The petitioner must is  able
 8        to    demonstrate    that   no   alternative   means   of
 9        transportation  is  reasonably  available  and  that  the
10        petitioner  will  not  endanger  the  public  safety   or
11        welfare.  However, those multiple offenders whose driving
12        privileges  have  been  revoked   pursuant   to   Section
13        6-208(b)(4)  of  this  Code shall not be eligible for the
14        issuance of a restricted driving permit.
15             If a person's license or permit has been revoked  or
16        suspended  due  to  2  or  more  convictions of violating
17        Section 11-501 of this Code or a similar provision  of  a
18        local   ordinance  or  a  similar  out-of-state  offense,
19        arising out of  separate  occurrences,  that  person,  if
20        issued  a  restricted  driving  permit, may not operate a
21        vehicle unless it has  been  equipped  with  an  ignition
22        interlock device as defined in Section 1-129.1.
23             If  a person's license or permit has been revoked or
24        suspended 2 or more times within a 10 year period due  to
25        a  single  conviction of violating Section 11-501 of this
26        Code or a similar provision of a  local  ordinance  or  a
27        similar  out-of-state  offense,  and  a statutory summary
28        suspension under Section 11-501.1, or 2 or more statutory
29        summary suspensions, or combination of 2 offenses, or  of
30        an  offense  and  a statutory summary suspension, arising
31        out of separate occurrences, that  person,  if  issued  a
32        restricted  driving  permit,  may  not  operate a vehicle
33        unless it has been equipped with  an  ignition  interlock
34        device  as  defined  in Section 1-129.1.  The person must
 
                            -17-     LRB093 03491 LCB 03520 b
 1        pay to the Secretary of State DUI Administration Fund  an
 2        amount  not to exceed $20 per month.  The Secretary shall
 3        establish by rule the amount and the  procedures,  terms,
 4        and conditions relating to these fees.  If the restricted
 5        driving  permit  was issued for employment purposes, then
 6        this provision does not apply  to  the  operation  of  an
 7        occupational  vehicle  owned  or  leased by that person's
 8        employer.   In  each  case  the  Secretary  may  issue  a
 9        restricted   driving   permit   for   a   period   deemed
10        appropriate, except that all permits shall expire  within
11        one  year  from  the date of issuance.  The Secretary may
12        not, however, issue a restricted driving  permit  to  any
13        person whose current revocation is the result of a second
14        or  subsequent  conviction  for  a  violation  of Section
15        11-501 of this Code or a similar  provision  of  a  local
16        ordinance  relating  to the offense of operating or being
17        in physical control of a motor vehicle  while  under  the
18        influence  of  alcohol, other drug or drugs, intoxicating
19        compound  or  compounds,  or  any  similar   out-of-state
20        offense,  or any combination of those offenses, until the
21        expiration of at least one year  from  the  date  of  the
22        revocation.   A  restricted  driving  permit issued under
23        this  Section   shall   be   subject   to   cancellation,
24        revocation,  and  suspension by the Secretary of State in
25        like manner and for like  cause  as  a  driver's  license
26        issued  under  this  Code  may  be cancelled, revoked, or
27        suspended; except that a  conviction  upon  one  or  more
28        offenses   against  laws  or  ordinances  regulating  the
29        movement of traffic shall be deemed sufficient cause  for
30        the   revocation,   suspension,   or  cancellation  of  a
31        restricted driving permit.  The Secretary of  State  may,
32        as  a  condition  to the issuance of a restricted driving
33        permit, require the petitioner applicant  to  participate
34        in   a   designated  driver  remedial  or  rehabilitative
 
                            -18-     LRB093 03491 LCB 03520 b
 1        program.  The Secretary of State is authorized to  cancel
 2        a restricted driving permit if the permit holder does not
 3        successfully complete the program.
 4        (c-5)  The  Secretary of State may, as a condition of the
 5    reissuance of a driver's license or permit  to  an  applicant
 6    whose driver's license or permit has been suspended before he
 7    or  she  reached  the  age of 18 years pursuant to any of the
 8    provisions  of  this  Section,  require  the   applicant   to
 9    participate  in  a  driver  remedial  education course and be
10    retested under Section 6-109 of this Code.
11        (d)  This Section is subject to  the  provisions  of  the
12    Drivers License Compact.
13        (e)  The  Secretary of State shall not issue a restricted
14    driving permit to a person under the age of  16  years  whose
15    driving  privileges  have been suspended or revoked under any
16    provisions of this Code.
17    (Source: P.A. 92-283,  eff.  1-1-02;  92-418,  eff.  8-17-01;
18    92-458,  eff.  8-22-01;  92-651,  eff.  7-11-02; 92-804, eff.
19    1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)

20        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
21        Sec.  11-501.   Driving  while  under  the  influence  of
22    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
23    compounds or any combination thereof.
24        (a)  A person shall not drive or be  in  actual  physical
25    control of any vehicle within this State while:
26             (1)  the alcohol concentration in the person's blood
27        or  breath  is  0.08  or  more based on the definition of
28        blood and breath units in Section 11-501.2;
29             (2)  under the influence of alcohol;
30             (3)  under  the  influence   of   any   intoxicating
31        compound  or  combination  of intoxicating compounds to a
32        degree that  renders  the  person  incapable  of  driving
33        safely;
 
                            -19-     LRB093 03491 LCB 03520 b
 1             (4)  under  the  influence  of  any  other  drug  or
 2        combination  of drugs to a degree that renders the person
 3        incapable of safely driving;
 4             (5)  under the combined influence of alcohol,  other
 5        drug or drugs, or intoxicating compound or compounds to a
 6        degree  that  renders  the  person  incapable  of  safely
 7        driving; or
 8             (6)  there  is  any  amount of a drug, substance, or
 9        compound  in  the  person's  breath,  blood,   or   urine
10        resulting   from  the  unlawful  use  or  consumption  of
11        cannabis listed in the Cannabis Control Act, a controlled
12        substance listed in the  Illinois  Controlled  Substances
13        Act,  or  an  intoxicating  compound listed in the Use of
14        Intoxicating Compounds Act; or.
15             (7)  having consumed  any  amount  of  an  alcoholic
16        beverage  if  the person has, in any combination, a total
17        of 3 or more: (i) previous convictions or court  assigned
18        supervisions  for  violating  Section 11-501 or a similar
19        provision of a local ordinance; (ii) convictions  in  any
20        other   state  for  a  violation  of  driving  under  the
21        influence or a similar offense where the cause of  action
22        is  the  same  or  substantially similar to this Code; or
23        (iii)  implied  consent  suspensions,  all  arising  from
24        separate incidents, and that have been  reported  to  the
25        Secretary   of  State  and  permanently  entered  on  the
26        violator's driving record pursuant to this Code.
27        (b)  The fact that any person charged with violating this
28    Section is or has been legally entitled to use alcohol, other
29    drug or drugs, or intoxicating compound or compounds, or  any
30    combination  thereof,  shall not constitute a defense against
31    any charge of violating this Section.
32        (c)  Except as provided under  paragraphs  (c-3),  (c-4),
33    and  (d) of this Section, every person convicted of violating
34    this Section or a similar provision  of  a  local  ordinance,
 
                            -20-     LRB093 03491 LCB 03520 b
 1    shall  be guilty of a Class A misdemeanor and, in addition to
 2    any other criminal or administrative action, for  any  second
 3    conviction  of  violating this Section or a similar provision
 4    of a law of another state or local ordinance committed within
 5    5 years of a previous violation of this Section or a  similar
 6    provision of a local ordinance shall be mandatorily sentenced
 7    to  a  minimum  of  5  days  of imprisonment or assigned to a
 8    minimum of 30 days of community service as may be  determined
 9    by  the  court.  Every  person  convicted  of  violating this
10    Section or a similar provision of a local ordinance shall  be
11    subject  to  an additional mandatory minimum fine of $500 and
12    an additional mandatory 5 days  of  community  service  in  a
13    program   benefiting  children  if  the  person  committed  a
14    violation of paragraph (a) or a similar provision of a  local
15    ordinance  while  transporting  a person under age 16.  Every
16    person convicted a second time for violating this Section  or
17    a  similar provision of a local ordinance within 5 years of a
18    previous violation of this Section or a similar provision  of
19    a law of another state or local ordinance shall be subject to
20    an   additional   mandatory  minimum  fine  of  $500  and  an
21    additional 10  days  of  mandatory  community  service  in  a
22    program  benefiting  children  if  the  current  offense  was
23    committed  while  transporting  a  person  under age 16.  The
24    imprisonment or assignment under this subsection shall not be
25    subject to suspension nor shall the person  be  eligible  for
26    probation in order to reduce the sentence or assignment.
27        (c-1) (1)  A  person  who  violates this Section during a
28        period in which his or her driving privileges are revoked
29        or suspended, where the revocation or suspension was  for
30        a  violation of this Section, Section 11-501.1, paragraph
31        (b) of Section 11-401, or Section  9-3  of  the  Criminal
32        Code of 1961 is guilty of a Class 4 felony.
33             (2)  A person who violates this Section a third time
34        during  a  period  in which his or her driving privileges
 
                            -21-     LRB093 03491 LCB 03520 b
 1        are  revoked  or  suspended  where  the   revocation   or
 2        suspension  was  for a violation of this Section, Section
 3        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
 4        of the Criminal Code of 1961  is  guilty  of  a  Class  3
 5        felony.
 6             (3)  A  person who violates this Section a fourth or
 7        subsequent time during a  period  in  which  his  or  her
 8        driving  privileges  are  revoked  or suspended where the
 9        revocation or suspension was  for  a  violation  of  this
10        Section,  Section  11-501.1,  paragraph  (b)  of  Section
11        11-401,  or  Section  9-3 of the Criminal Code of 1961 is
12        guilty of a Class 2 felony.
13        (c-2)  (Blank).
14        (c-3)  Every person convicted of violating  this  Section
15    or  a  similar provision of a local ordinance who had a child
16    under age 16 in the vehicle at the time of the offense  shall
17    have  his or her punishment under this Act enhanced by 2 days
18    of imprisonment for a first offense, 10 days of  imprisonment
19    for  a  second  offense,  30 days of imprisonment for a third
20    offense,  and  90  days  of  imprisonment  for  a  fourth  or
21    subsequent offense, in addition to  the  fine  and  community
22    service  required  under  subsection  (c)  and  the  possible
23    imprisonment required under subsection (d).  The imprisonment
24    or  assignment  under this subsection shall not be subject to
25    suspension nor shall the person be eligible for probation  in
26    order to reduce the sentence or assignment.
27        (c-4)  When  a  person  is convicted of violating Section
28    11-501 of this  Code  or  a  similar  provision  of  a  local
29    ordinance,  the  following  penalties  apply  when his or her
30    blood, breath,  or  urine  was  .16  or  more  based  on  the
31    definition  of  blood,  breath,  or  urine  units  in Section
32    11-501.2 or when that person is convicted of  violating  this
33    Section while transporting a child under the age of 16:
34             (1)  A   person   who   is  convicted  of  violating
 
                            -22-     LRB093 03491 LCB 03520 b
 1        subsection (a) of Section 11-501 of  this  Code  a  first
 2        time,  in  addition  to  any  other  penalty  that may be
 3        imposed under subsection (c), is subject to  a  mandatory
 4        minimum  of  100 hours of community service and a minimum
 5        fine of $500.
 6             (2)  A  person  who  is   convicted   of   violating
 7        subsection  (a)  of  Section 11-501 of this Code a second
 8        time within 10 years, in addition to  any  other  penalty
 9        that may be imposed under subsection (c), is subject to a
10        mandatory minimum of 2 days of imprisonment and a minimum
11        fine of $1,250.
12             (3)  A   person   who   is  convicted  of  violating
13        subsection (a) of Section 11-501 of  this  Code  a  third
14        time  within  20 years is guilty of a Class 4 felony and,
15        in addition to any other  penalty  that  may  be  imposed
16        under  subsection  (c), is subject to a mandatory minimum
17        of 90 days of imprisonment and a minimum fine of $2,500.
18             (4)  A person who is  convicted  of  violating  this
19        subsection (c-4) a fourth or subsequent time is guilty of
20        a  Class  2  felony and, in addition to any other penalty
21        that may be imposed under subsection (c), is not eligible
22        for a sentence of probation or conditional discharge  and
23        is subject to a minimum fine of $2,500.
24        (d) (1)  Every person convicted of committing a violation
25        of  this  Section  shall  be guilty of aggravated driving
26        under the influence of alcohol, other drug or  drugs,  or
27        intoxicating  compound  or  compounds, or any combination
28        thereof if:
29                  (A)  the person committed a violation  of  this
30             Section,  or a similar provision of a law of another
31             state or a local ordinance when the cause of  action
32             is  the  same  as  or  substantially similar to this
33             Section, for the third or subsequent time;
34                  (B)  the  person  committed  a   violation   of
 
                            -23-     LRB093 03491 LCB 03520 b
 1             paragraph  (a)  while  driving  a  school  bus  with
 2             children on board;
 3                  (C)  the  person  in  committing a violation of
 4             paragraph  (a)  was  involved  in  a  motor  vehicle
 5             accident that  resulted  in  great  bodily  harm  or
 6             permanent  disability  or  disfigurement to another,
 7             when the violation was  a  proximate  cause  of  the
 8             injuries;
 9                  (D)  the   person   committed  a  violation  of
10             paragraph  (a)  for  a  second  time  and  has  been
11             previously convicted of violating Section 9-3 of the
12             Criminal Code of 1961 relating to reckless  homicide
13             in  which  the  person  was  determined to have been
14             under the influence of alcohol, other drug or drugs,
15             or intoxicating compound or compounds as an  element
16             of  the  offense  or  the person has previously been
17             convicted under subparagraph (C) of  this  paragraph
18             (1); or
19                  (E)  the  person,  in committing a violation of
20             paragraph (a) while driving at any speed in a school
21             speed zone at a time when a speed limit of 20  miles
22             per  hour  was  in  effect  under  subsection (a) of
23             Section 11-605 of this Code, was involved in a motor
24             vehicle accident that resulted in bodily harm, other
25             than great bodily harm or  permanent  disability  or
26             disfigurement, to another person, when the violation
27             of paragraph (a) was a proximate cause of the bodily
28             harm.
29             (2)  Aggravated   driving  under  the  influence  of
30        alcohol, other drug or drugs, or intoxicating compound or
31        compounds, or  any  combination  thereof  is  a  Class  4
32        felony.  For a violation of subparagraph (C) of paragraph
33        (1)  of  this subsection (d), the defendant, if sentenced
34        to a term of imprisonment, shall be sentenced to not less
 
                            -24-     LRB093 03491 LCB 03520 b
 1        than  one  year  nor  more  than  12  years.    For   any
 2        prosecution  under  this subsection (d), a certified copy
 3        of  the  driving  abstract  of  the  defendant  shall  be
 4        admitted as proof of any prior conviction.
 5        (e)  After a finding of guilt  and  prior  to  any  final
 6    sentencing, or an order for supervision, for an offense based
 7    upon  an  arrest for a violation of this Section or a similar
 8    provision of a local ordinance, individuals shall be required
 9    to undergo a  professional  evaluation  to  determine  if  an
10    alcohol,  drug, or intoxicating compound abuse problem exists
11    and the extent of the problem, and undergo the imposition  of
12    treatment   as   appropriate.   Programs   conducting   these
13    evaluations  shall  be  licensed  by  the Department of Human
14    Services.  The cost of any professional evaluation  shall  be
15    paid   for   by   the  individual  required  to  undergo  the
16    professional evaluation.
17        (f)  Every person found guilty of violating this Section,
18    whose operation of a motor vehicle while in violation of this
19    Section proximately  caused  any  incident  resulting  in  an
20    appropriate  emergency  response,  shall  be  liable  for the
21    expense of an emergency response as  provided  under  Section
22    5-5-3 of the Unified Code of Corrections.
23        (g)  The  Secretary  of  State  shall  revoke the driving
24    privileges of any person convicted under this  Section  or  a
25    similar provision of a local ordinance.
26        (h)  Every person sentenced under paragraph (2) or (3) of
27    subsection  (c-1)  of  this Section or subsection (d) of this
28    Section and who receives a term of probation  or  conditional
29    discharge shall be required to serve a minimum term of either
30    60  days  community  service  or 10 days of imprisonment as a
31    condition of the probation or  conditional  discharge.   This
32    mandatory  minimum  term  of  imprisonment  or  assignment of
33    community service shall not be suspended  and  shall  not  be
34    subject to reduction by the court.
 
                            -25-     LRB093 03491 LCB 03520 b
 1        (i)  The  Secretary  of  State  shall  require the use of
 2    ignition interlock  devices  on  all  vehicles  owned  by  an
 3    individual  who  has been convicted of a second or subsequent
 4    offense of this Section or a similar  provision  of  a  local
 5    ordinance.    The  Secretary  shall  establish  by  rule  and
 6    regulation the procedures for certification and  use  of  the
 7    interlock system.
 8        (j)  In  addition to any other penalties and liabilities,
 9    a person who is found guilty of or pleads guilty to violating
10    this  Section,  including  any   person   placed   on   court
11    supervision  for violating this Section, shall be fined $100,
12    payable to the circuit clerk, who shall distribute the  money
13    to  the  law enforcement agency that made the arrest.  If the
14    person  has  been  previously  convicted  of  violating  this
15    Section or a similar provision of a local ordinance, the fine
16    shall be $200.  In the event that more  than  one  agency  is
17    responsible  for the arrest, the $100 or $200 shall be shared
18    equally.  Any moneys received by  a  law  enforcement  agency
19    under  this  subsection  (j)  shall  be  used to purchase law
20    enforcement equipment that will assist in the  prevention  of
21    alcohol related criminal violence throughout the State.  This
22    shall  include,  but is not limited to, in-car video cameras,
23    radar and laser speed detection devices, and  alcohol  breath
24    testers.  Any  moneys  received  by  the  Department of State
25    Police under this subsection (j) shall be deposited into  the
26    State  Police  DUI  Fund  and  shall  be used to purchase law
27    enforcement equipment that will assist in the  prevention  of
28    alcohol related criminal violence throughout the State.
29    (Source: P.A.  91-126,  eff.  7-16-99;  91-357, eff. 7-29-99;
30    91-692, eff. 4-13-00;  91-822,  eff.  6-13-00;  92-248,  eff.
31    8-3-01;  92-418,  eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
32    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)

33        Section 99.  Effective date.  This Act takes effect  upon
 
                            -26-     LRB093 03491 LCB 03520 b
 1    becoming law.