96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3858

 

Introduced 2/26/2009, by Rep. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-206   from Ch. 95 1/2, par. 6-206
625 ILCS 5/11-202   from Ch. 95 1/2, par. 11-202

    Amends the Illinois Vehicle Code. Provides that whenever a driver of the motor vehicle is involved in a motor vehicle accident resulting in personal injury to a pedestrian with 500 feet of the entrance to a school, place of worship, child care institution, or hospital, and the driver is guilty of any offense against laws and ordinances regulating the movement of traffic for the same conduct, the minimum fine for the first offense is $250. Provides that for a second or subsequent violation, the minimum fine is $750, and the Secretary of State may suspend the a operator's driver's license for 90 days. Effective January 1, 2010.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning transportation.
 
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 changing
5 Sections 6-206 and 11-202 as follows:
 
6     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
7     Sec. 6-206. Discretionary authority to suspend or revoke
8 license or permit; Right to a hearing.
9     (a) The Secretary of State is authorized to suspend or
10 revoke the driving privileges of any person without preliminary
11 hearing upon a showing of the person's records or other
12 sufficient evidence that the person:
13         1. Has committed an offense for which mandatory
14     revocation of a driver's license or permit is required upon
15     conviction;
16         2. Has been convicted of not less than 3 offenses
17     against traffic regulations governing the movement of
18     vehicles committed within any 12 month period. No
19     revocation or suspension shall be entered more than 6
20     months after the date of last conviction;
21         3. Has been repeatedly involved as a driver in motor
22     vehicle collisions or has been repeatedly convicted of
23     offenses against laws and ordinances regulating the

 

 

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1     movement of traffic, to a degree that indicates lack of
2     ability to exercise ordinary and reasonable care in the
3     safe operation of a motor vehicle or disrespect for the
4     traffic laws and the safety of other persons upon the
5     highway;
6         4. Has by the unlawful operation of a motor vehicle
7     caused or contributed to an accident resulting in death or
8     injury requiring immediate professional treatment in a
9     medical facility or doctor's office to any person, except
10     that any suspension or revocation imposed by the Secretary
11     of State under the provisions of this subsection shall
12     start no later than 6 months after being convicted of
13     violating a law or ordinance regulating the movement of
14     traffic, which violation is related to the accident, or
15     shall start not more than one year after the date of the
16     accident, whichever date occurs later;
17         5. Has permitted an unlawful or fraudulent use of a
18     driver's license, identification card, or permit;
19         6. Has been lawfully convicted of an offense or
20     offenses in another state, including the authorization
21     contained in Section 6-203.1, which if committed within
22     this State would be grounds for suspension or revocation;
23         7. Has refused or failed to submit to an examination
24     provided for by Section 6-207 or has failed to pass the
25     examination;
26         8. Is ineligible for a driver's license or permit under

 

 

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1     the provisions of Section 6-103;
2         9. Has made a false statement or knowingly concealed a
3     material fact or has used false information or
4     identification in any application for a license,
5     identification card, or permit;
6         10. Has possessed, displayed, or attempted to
7     fraudulently use any license, identification card, or
8     permit not issued to the person;
9         11. Has operated a motor vehicle upon a highway of this
10     State when the person's driving privilege or privilege to
11     obtain a driver's license or permit was revoked or
12     suspended unless the operation was authorized by a
13     monitoring device driving permit, judicial driving permit
14     issued prior to January 1, 2009, probationary license to
15     drive, or a restricted driving permit issued under this
16     Code;
17         12. Has submitted to any portion of the application
18     process for another person or has obtained the services of
19     another person to submit to any portion of the application
20     process for the purpose of obtaining a license,
21     identification card, or permit for some other person;
22         13. Has operated a motor vehicle upon a highway of this
23     State when the person's driver's license or permit was
24     invalid under the provisions of Sections 6-107.1 and 6-110;
25         14. Has committed a violation of Section 6-301,
26     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B

 

 

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1     of the Illinois Identification Card Act;
2         15. Has been convicted of violating Section 21-2 of the
3     Criminal Code of 1961 relating to criminal trespass to
4     vehicles in which case, the suspension shall be for one
5     year;
6         16. Has been convicted of violating Section 11-204 of
7     this Code relating to fleeing from a peace officer;
8         17. Has refused to submit to a test, or tests, as
9     required under Section 11-501.1 of this Code and the person
10     has not sought a hearing as provided for in Section
11     11-501.1;
12         18. Has, since issuance of a driver's license or
13     permit, been adjudged to be afflicted with or suffering
14     from any mental disability or disease;
15         19. Has committed a violation of paragraph (a) or (b)
16     of Section 6-101 relating to driving without a driver's
17     license;
18         20. Has been convicted of violating Section 6-104
19     relating to classification of driver's license;
20         21. Has been convicted of violating Section 11-402 of
21     this Code relating to leaving the scene of an accident
22     resulting in damage to a vehicle in excess of $1,000, in
23     which case the suspension shall be for one year;
24         22. Has used a motor vehicle in violating paragraph
25     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
26     the Criminal Code of 1961 relating to unlawful use of

 

 

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1     weapons, in which case the suspension shall be for one
2     year;
3         23. Has, as a driver, been convicted of committing a
4     violation of paragraph (a) of Section 11-502 of this Code
5     for a second or subsequent time within one year of a
6     similar violation;
7         24. Has been convicted by a court-martial or punished
8     by non-judicial punishment by military authorities of the
9     United States at a military installation in Illinois of or
10     for a traffic related offense that is the same as or
11     similar to an offense specified under Section 6-205 or
12     6-206 of this Code;
13         25. Has permitted any form of identification to be used
14     by another in the application process in order to obtain or
15     attempt to obtain a license, identification card, or
16     permit;
17         26. Has altered or attempted to alter a license or has
18     possessed an altered license, identification card, or
19     permit;
20         27. Has violated Section 6-16 of the Liquor Control Act
21     of 1934;
22         28. Has been convicted of the illegal possession, while
23     operating or in actual physical control, as a driver, of a
24     motor vehicle, of any controlled substance prohibited
25     under the Illinois Controlled Substances Act, any cannabis
26     prohibited under the Cannabis Control Act, or any

 

 

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1     methamphetamine prohibited under the Methamphetamine
2     Control and Community Protection Act, in which case the
3     person's driving privileges shall be suspended for one
4     year, and any driver who is convicted of a second or
5     subsequent offense, within 5 years of a previous
6     conviction, for the illegal possession, while operating or
7     in actual physical control, as a driver, of a motor
8     vehicle, of any controlled substance prohibited under the
9     Illinois Controlled Substances Act, any cannabis
10     prohibited under the Cannabis Control Act, or any
11     methamphetamine prohibited under the Methamphetamine
12     Control and Community Protection Act shall be suspended for
13     5 years. Any defendant found guilty of this offense while
14     operating a motor vehicle, shall have an entry made in the
15     court record by the presiding judge that this offense did
16     occur while the defendant was operating a motor vehicle and
17     order the clerk of the court to report the violation to the
18     Secretary of State;
19         29. Has been convicted of the following offenses that
20     were committed while the person was operating or in actual
21     physical control, as a driver, of a motor vehicle: criminal
22     sexual assault, predatory criminal sexual assault of a
23     child, aggravated criminal sexual assault, criminal sexual
24     abuse, aggravated criminal sexual abuse, juvenile pimping,
25     soliciting for a juvenile prostitute and the manufacture,
26     sale or delivery of controlled substances or instruments

 

 

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1     used for illegal drug use or abuse in which case the
2     driver's driving privileges shall be suspended for one
3     year;
4         30. Has been convicted a second or subsequent time for
5     any combination of the offenses named in paragraph 29 of
6     this subsection, in which case the person's driving
7     privileges shall be suspended for 5 years;
8         31. Has refused to submit to a test as required by
9     Section 11-501.6 or has submitted to a test resulting in an
10     alcohol concentration of 0.08 or more or any amount of a
11     drug, substance, or compound resulting from the unlawful
12     use or consumption of cannabis as listed in the Cannabis
13     Control Act, a controlled substance as listed in the
14     Illinois Controlled Substances Act, an intoxicating
15     compound as listed in the Use of Intoxicating Compounds
16     Act, or methamphetamine as listed in the Methamphetamine
17     Control and Community Protection Act, in which case the
18     penalty shall be as prescribed in Section 6-208.1;
19         32. Has been convicted of Section 24-1.2 of the
20     Criminal Code of 1961 relating to the aggravated discharge
21     of a firearm if the offender was located in a motor vehicle
22     at the time the firearm was discharged, in which case the
23     suspension shall be for 3 years;
24         33. Has as a driver, who was less than 21 years of age
25     on the date of the offense, been convicted a first time of
26     a violation of paragraph (a) of Section 11-502 of this Code

 

 

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1     or a similar provision of a local ordinance;
2         34. Has committed a violation of Section 11-1301.5 of
3     this Code;
4         35. Has committed a violation of Section 11-1301.6 of
5     this Code;
6         36. Is under the age of 21 years at the time of arrest
7     and has been convicted of not less than 2 offenses against
8     traffic regulations governing the movement of vehicles
9     committed within any 24 month period. No revocation or
10     suspension shall be entered more than 6 months after the
11     date of last conviction;
12         37. Has committed a violation of subsection (c) of
13     Section 11-907 of this Code that resulted in damage to the
14     property of another or the death or injury of another;
15         38. Has been convicted of a violation of Section 6-20
16     of the Liquor Control Act of 1934 or a similar provision of
17     a local ordinance;
18         39. Has committed a second or subsequent violation of
19     Section 11-1201 of this Code;
20         40. Has committed a violation of subsection (a-1) of
21     Section 11-908 of this Code;
22         41. Has committed a second or subsequent violation of
23     Section 11-605.1 of this Code within 2 years of the date of
24     the previous violation, in which case the suspension shall
25     be for 90 days;
26         42. Has committed a violation of subsection (a-1) of

 

 

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1     Section 11-1301.3 of this Code;
2         43. Has received a disposition of court supervision for
3     a violation of subsection (a), (d), or (e) of Section 6-20
4     of the Liquor Control Act of 1934 or a similar provision of
5     a local ordinance, in which case the suspension shall be
6     for a period of 3 months;
7         44. Is under the age of 21 years at the time of arrest
8     and has been convicted of an offense against traffic
9     regulations governing the movement of vehicles after
10     having previously had his or her driving privileges
11     suspended or revoked pursuant to subparagraph 36 of this
12     Section; or
13         45. Has, in connection with or during the course of a
14     formal hearing conducted under Section 2-118 of this Code:
15     (i) committed perjury; (ii) submitted fraudulent or
16     falsified documents; (iii) submitted documents that have
17     been materially altered; or (iv) submitted, as his or her
18     own, documents that were in fact prepared or composed for
19     another person; or .
20         46. Has been convicted of 2 or more offenses against
21     laws and ordinances regulating the movement of traffic that
22     have resulted in an injury to a pedestrian under the
23     provisions of subsection (b) of Section 11-202, in which
24     case the suspension shall be for 90 days.
25     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
26 and 27 of this subsection, license means any driver's license,

 

 

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1 any traffic ticket issued when the person's driver's license is
2 deposited in lieu of bail, a suspension notice issued by the
3 Secretary of State, a duplicate or corrected driver's license,
4 a probationary driver's license or a temporary driver's
5 license.
6     (b) If any conviction forming the basis of a suspension or
7 revocation authorized under this Section is appealed, the
8 Secretary of State may rescind or withhold the entry of the
9 order of suspension or revocation, as the case may be, provided
10 that a certified copy of a stay order of a court is filed with
11 the Secretary of State. If the conviction is affirmed on
12 appeal, the date of the conviction shall relate back to the
13 time the original judgment of conviction was entered and the 6
14 month limitation prescribed shall not apply.
15     (c) 1. Upon suspending or revoking the driver's license or
16 permit of any person as authorized in this Section, the
17 Secretary of State shall immediately notify the person in
18 writing of the revocation or suspension. The notice to be
19 deposited in the United States mail, postage prepaid, to the
20 last known address of the person.
21         2. If the Secretary of State suspends the driver's
22     license of a person under subsection 2 of paragraph (a) of
23     this Section, a person's privilege to operate a vehicle as
24     an occupation shall not be suspended, provided an affidavit
25     is properly completed, the appropriate fee received, and a
26     permit issued prior to the effective date of the

 

 

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1     suspension, unless 5 offenses were committed, at least 2 of
2     which occurred while operating a commercial vehicle in
3     connection with the driver's regular occupation. All other
4     driving privileges shall be suspended by the Secretary of
5     State. Any driver prior to operating a vehicle for
6     occupational purposes only must submit the affidavit on
7     forms to be provided by the Secretary of State setting
8     forth the facts of the person's occupation. The affidavit
9     shall also state the number of offenses committed while
10     operating a vehicle in connection with the driver's regular
11     occupation. The affidavit shall be accompanied by the
12     driver's license. Upon receipt of a properly completed
13     affidavit, the Secretary of State shall issue the driver a
14     permit to operate a vehicle in connection with the driver's
15     regular occupation only. Unless the permit is issued by the
16     Secretary of State prior to the date of suspension, the
17     privilege to drive any motor vehicle shall be suspended as
18     set forth in the notice that was mailed under this Section.
19     If an affidavit is received subsequent to the effective
20     date of this suspension, a permit may be issued for the
21     remainder of the suspension period.
22         The provisions of this subparagraph shall not apply to
23     any driver required to possess a CDL for the purpose of
24     operating a commercial motor vehicle.
25         Any person who falsely states any fact in the affidavit
26     required herein shall be guilty of perjury under Section

 

 

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1     6-302 and upon conviction thereof shall have all driving
2     privileges revoked without further rights.
3         3. At the conclusion of a hearing under Section 2-118
4     of this Code, the Secretary of State shall either rescind
5     or continue an order of revocation or shall substitute an
6     order of suspension; or, good cause appearing therefor,
7     rescind, continue, change, or extend the order of
8     suspension. If the Secretary of State does not rescind the
9     order, the Secretary may upon application, to relieve undue
10     hardship (as defined by the rules of the Secretary of
11     State), issue a restricted driving permit granting the
12     privilege of driving a motor vehicle between the
13     petitioner's residence and petitioner's place of
14     employment or within the scope of the petitioner's
15     employment related duties, or to allow the petitioner to
16     transport himself or herself, or a family member of the
17     petitioner's household to a medical facility, to receive
18     necessary medical care, to allow the petitioner to
19     transport himself or herself to and from alcohol or drug
20     remedial or rehabilitative activity recommended by a
21     licensed service provider, or to allow the petitioner to
22     transport himself or herself or a family member of the
23     petitioner's household to classes, as a student, at an
24     accredited educational institution, or to allow the
25     petitioner to transport children living in the
26     petitioner's household to and from daycare. The petitioner

 

 

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1     must demonstrate that no alternative means of
2     transportation is reasonably available and that the
3     petitioner will not endanger the public safety or welfare.
4     Those multiple offenders identified in subdivision (b)4 of
5     Section 6-208 of this Code, however, shall not be eligible
6     for the issuance of a restricted driving permit.
7              (A) If a person's license or permit is revoked or
8         suspended due to 2 or more convictions of violating
9         Section 11-501 of this Code or a similar provision of a
10         local ordinance or a similar out-of-state offense, or
11         Section 9-3 of the Criminal Code of 1961, where the use
12         of alcohol or other drugs is recited as an element of
13         the offense, or a similar out-of-state offense, or a
14         combination of these offenses, arising out of separate
15         occurrences, that person, if issued a restricted
16         driving permit, may not operate a vehicle unless it has
17         been equipped with an ignition interlock device as
18         defined in Section 1-129.1.
19             (B) If a person's license or permit is revoked or
20         suspended 2 or more times within a 10 year period due
21         to any combination of:
22                 (i) a single conviction of violating Section
23             11-501 of this Code or a similar provision of a
24             local ordinance or a similar out-of-state offense
25             or Section 9-3 of the Criminal Code of 1961, where
26             the use of alcohol or other drugs is recited as an

 

 

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1             element of the offense, or a similar out-of-state
2             offense; or
3                 (ii) a statutory summary suspension under
4             Section 11-501.1; or
5                 (iii) a suspension under Section 6-203.1;
6         arising out of separate occurrences; that person, if
7         issued a restricted driving permit, may not operate a
8         vehicle unless it has been equipped with an ignition
9         interlock device as defined in Section 1-129.1.
10             (C) The person issued a permit conditioned upon the
11         use of an ignition interlock device must pay to the
12         Secretary of State DUI Administration Fund an amount
13         not to exceed $30 per month. The Secretary shall
14         establish by rule the amount and the procedures, terms,
15         and conditions relating to these fees.
16             (D) If the restricted driving permit is issued for
17         employment purposes, then the prohibition against
18         operating a motor vehicle that is not equipped with an
19         ignition interlock device does not apply to the
20         operation of an occupational vehicle owned or leased by
21         that person's employer when used solely for employment
22         purposes.
23             (E) In each case the Secretary may issue a
24         restricted driving permit for a period deemed
25         appropriate, except that all permits shall expire
26         within one year from the date of issuance. The

 

 

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1         Secretary may not, however, issue a restricted driving
2         permit to any person whose current revocation is the
3         result of a second or subsequent conviction for a
4         violation of Section 11-501 of this Code or a similar
5         provision of a local ordinance or any similar
6         out-of-state offense, or Section 9-3 of the Criminal
7         Code of 1961, where the use of alcohol or other drugs
8         is recited as an element of the offense, or any similar
9         out-of-state offense, or any combination of those
10         offenses, until the expiration of at least one year
11         from the date of the revocation. A restricted driving
12         permit issued under this Section shall be subject to
13         cancellation, revocation, and suspension by the
14         Secretary of State in like manner and for like cause as
15         a driver's license issued under this Code may be
16         cancelled, revoked, or suspended; except that a
17         conviction upon one or more offenses against laws or
18         ordinances regulating the movement of traffic shall be
19         deemed sufficient cause for the revocation,
20         suspension, or cancellation of a restricted driving
21         permit. The Secretary of State may, as a condition to
22         the issuance of a restricted driving permit, require
23         the applicant to participate in a designated driver
24         remedial or rehabilitative program. The Secretary of
25         State is authorized to cancel a restricted driving
26         permit if the permit holder does not successfully

 

 

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1         complete the program.
2     (c-3) In the case of a suspension under paragraph 43 of
3 subsection (a), reports received by the Secretary of State
4 under this Section shall, except during the actual time the
5 suspension is in effect, be privileged information and for use
6 only by the courts, police officers, prosecuting authorities,
7 the driver licensing administrator of any other state, or the
8 Secretary of State. However, beginning January 1, 2008, if the
9 person is a CDL holder, the suspension shall also be made
10 available to the driver licensing administrator of any other
11 state, the U.S. Department of Transportation, and the affected
12 driver or motor carrier or prospective motor carrier upon
13 request.
14     (c-4) In the case of a suspension under paragraph 43 of
15 subsection (a), the Secretary of State shall notify the person
16 by mail that his or her driving privileges and driver's license
17 will be suspended one month after the date of the mailing of
18 the notice.
19     (c-5) The Secretary of State may, as a condition of the
20 reissuance of a driver's license or permit to an applicant
21 whose driver's license or permit has been suspended before he
22 or she reached the age of 18 years pursuant to any of the
23 provisions of this Section, require the applicant to
24 participate in a driver remedial education course and be
25 retested under Section 6-109 of this Code.
26     (d) This Section is subject to the provisions of the

 

 

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1 Drivers License Compact.
2     (e) The Secretary of State shall not issue a restricted
3 driving permit to a person under the age of 16 years whose
4 driving privileges have been suspended or revoked under any
5 provisions of this Code.
6     (f) In accordance with 49 C.F.R. 384, the Secretary of
7 State may not issue a restricted driving permit for the
8 operation of a commercial motor vehicle to a person holding a
9 CDL whose driving privileges have been suspended, revoked,
10 cancelled, or disqualified under any provisions of this Code.
11 (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05;
12 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08;
13 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08;
14 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09;
15 revised 9-5-08.)
 
16     (625 ILCS 5/11-202)  (from Ch. 95 1/2, par. 11-202)
17     Sec. 11-202. Required obedience to traffic laws.
18     (a) It is unlawful and, unless otherwise declared in this
19 Chapter with respect to particular offenses, it is a petty
20 offense for any person to do any act forbidden or fail to
21 perform any act required in this Chapter.
22     (b) Whenever the driver of motor vehicle is involved in a
23 motor vehicle accident resulting in personal injury to a
24 pedestrian within 500 feet of the entrance to a school as
25 defined in Section 11-605 of this Code, a place of worship as

 

 

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1 defined in Section 2-15b of the Criminal Code of 1961, a child
2 care institution as defined in Section 2.06 of the Child Care
3 Act of 1969, or a hospital as defined in Section 3 of the
4 Hospital Licensing Act and the driver is guilty of any offense
5 against laws and ordinances regulating the movement of traffic
6 for the same conduct, the minimum fine for a first offense is
7 $250. The minimum fine for a second or subsequent offense under
8 this subsection is $750.
9 (Source: P.A. 80-911.)
 
10     Section 99. Effective date. This Act takes effect January
11 1, 2010.