96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4580

 

Introduced , by Rep. William B. Black - Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-205   from Ch. 95 1/2, par. 6-205
625 ILCS 5/6-206   from Ch. 95 1/2, par. 6-206

    Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke (rather than may, within 6 months of the date of conviction or one year of the date of the accident, revoke or suspend) the driving privileges of any person who has been convicted of an offense that involved the unlawful operation of a motor vehicle and caused or contributed to an accident resulting in the death of any person.


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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 6-205 and 6-206 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 driving
11 privileges of any driver upon receiving a report of the
12 driver's conviction of any of the following offenses:
13         1. Reckless homicide resulting from the operation of a
14     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 or
19     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;

 

 

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1         4. Violation of Section 11-401 of this Code relating to
2     the offense of leaving the scene of a traffic accident
3     involving death or personal injury;
4         5. Perjury or the making of a false affidavit or
5     statement under oath to the Secretary of State under this
6     Code or under any other law relating to the ownership or
7     operation of motor vehicles;
8         6. Conviction upon 3 charges of violation of Section
9     11-503 of this Code relating to the offense of reckless
10     driving committed within a period of 12 months;
11         7. Conviction of any offense defined in Section 4-102
12     of this Code;
13         8. Violation of Section 11-504 of this Code relating to
14     the offense of drag racing;
15         9. Violation of Chapters 8 and 9 of this Code;
16         10. Violation of Section 12-5 of the Criminal Code of
17     1961 arising from the use of a motor vehicle;
18         11. Violation of Section 11-204.1 of this Code relating
19     to aggravated fleeing or attempting to elude a peace
20     officer;
21         12. Violation of paragraph (1) of subsection (b) of
22     Section 6-507, or a similar law of any other state,
23     relating to the unlawful operation of a commercial motor
24     vehicle;
25         13. Violation of paragraph (a) of Section 11-502 of
26     this Code or a similar provision of a local ordinance if

 

 

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1     the driver has been previously convicted of a violation of
2     that Section or a similar provision of a local ordinance
3     and the driver was less than 21 years of age at the time of
4     the offense;
5         14. Violation of Section 11-506 of this Code or a
6     similar provision of a local ordinance relating to the
7     offense of street racing; .
8         15. Any offense against any provision in the Illinois
9     Vehicle Code, or any local ordinance, regulating the
10     movement of traffic, that has caused or contributed to an
11     accident resulting in the death of any person.
12     (b) The Secretary of State shall also immediately revoke
13 the license or permit of any driver in the following
14 situations:
15         1. Of any minor upon receiving the notice provided for
16     in Section 5-901 of the Juvenile Court Act of 1987 that the
17     minor has been adjudicated under that Act as having
18     committed an offense relating to motor vehicles prescribed
19     in Section 4-103 of this Code;
20         2. Of any person when any other law of this State
21     requires either the revocation or suspension of a license
22     or permit;
23         3. Of any person adjudicated under the Juvenile Court
24     Act of 1987 based on an offense determined to have been
25     committed in furtherance of the criminal activities of an
26     organized gang as provided in Section 5-710 of that Act,

 

 

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1     and that involved the operation or use of a motor vehicle
2     or the use of a driver's license or permit. The revocation
3     shall remain in effect for the period determined by the
4     court. Upon the direction of the court, the Secretary shall
5     issue the person a judicial driving permit, also known as a
6     JDP. The JDP shall be subject to the same terms as a JDP
7     issued under Section 6-206.1, except that the court may
8     direct that a JDP issued under this subdivision (b)(3) be
9     effective immediately.
10     (c)(1) Except as provided in subsection (c-5), whenever a
11 person is convicted of any of the offenses enumerated in this
12 Section, the court may recommend and the Secretary of State in
13 his discretion, without regard to whether the recommendation is
14 made by the court may, upon application, issue to the person a
15 restricted driving permit granting the privilege of driving a
16 motor vehicle between the petitioner's residence and
17 petitioner's place of employment or within the scope of the
18 petitioner's employment related duties, or to allow the
19 petitioner to transport himself or herself or a family member
20 of the petitioner's household to a medical facility for the
21 receipt of necessary medical care or to allow the petitioner to
22 transport himself or herself to and from alcohol or drug
23 remedial or rehabilitative activity recommended by a licensed
24 service provider, or to allow the petitioner to transport
25 himself or herself or a family member of the petitioner's
26 household to classes, as a student, at an accredited

 

 

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

 

 

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1         to any combination of:
2                 (i) a single conviction of violating Section
3             11-501 of this Code or a similar provision of a
4             local ordinance or a similar out-of-state offense,
5             or Section 9-3 of the Criminal Code of 1961, where
6             the use of alcohol or other drugs is recited as an
7             element of the offense, or a similar out-of-state
8             offense; or
9                 (ii) a statutory summary suspension under
10             Section 11-501.1; or
11                 (iii) a suspension pursuant to Section
12             6-203.1;
13         arising out of separate occurrences; or
14             (B) a person has been convicted of one violation of
15         Section 6-303 of this Code committed while his or her
16         driver's license, permit, or privilege was revoked
17         because of a violation of Section 9-3 of the Criminal
18         Code of 1961, relating to the offense of reckless
19         homicide, or a similar provision of a law of another
20         state; ,
21     that person, if issued a restricted driving permit, may not
22     operate a vehicle unless it has been equipped with an
23     ignition interlock device as defined in Section 1-129.1.
24         (4) The person issued a permit conditioned on the use
25     of an ignition interlock device must pay to the Secretary
26     of State DUI Administration Fund an amount not to exceed

 

 

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1     $30 per month. The Secretary shall establish by rule the
2     amount and the procedures, terms, and conditions relating
3     to these fees.
4         (5) If the restricted driving permit is issued for
5     employment purposes, then the prohibition against
6     operating a motor vehicle that is not equipped with an
7     ignition interlock device does not apply to the operation
8     of an occupational vehicle owned or leased by that person's
9     employer when used solely for employment purposes.
10         (6) In each case the Secretary of State may issue a
11     restricted driving permit for a period he deems
12     appropriate, except that the permit shall expire within one
13     year from the date of issuance. The Secretary may not,
14     however, issue a restricted driving permit to any person
15     whose current revocation is the result of a second or
16     subsequent conviction for a violation of Section 11-501 of
17     this Code or a similar provision of a local ordinance or
18     any similar out-of-state offense, or Section 9-3 of the
19     Criminal Code of 1961, where the use of alcohol or other
20     drugs is recited as an element of the offense, or any
21     similar out-of-state offense, or any combination of these
22     offenses, until the expiration of at least one year from
23     the date of the revocation. A restricted driving permit
24     issued under this Section shall be subject to cancellation,
25     revocation, and suspension by the Secretary of State in
26     like manner and for like cause as a driver's license issued

 

 

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1     under this Code may be cancelled, revoked, or suspended;
2     except that a conviction upon one or more offenses against
3     laws or ordinances regulating the movement of traffic shall
4     be deemed sufficient cause for the revocation, suspension,
5     or cancellation of a restricted driving permit. The
6     Secretary of State may, as a condition to the issuance of a
7     restricted driving permit, require the petitioner to
8     participate in a designated driver remedial or
9     rehabilitative program. The Secretary of State is
10     authorized to cancel a restricted driving permit if the
11     permit holder does not successfully complete the program.
12     However, if an individual's driving privileges have been
13     revoked in accordance with paragraph 13 of subsection (a)
14     of this Section, no restricted driving permit shall be
15     issued until the individual has served 6 months of the
16     revocation period.
17     (c-5) The Secretary may not issue a restricted driving
18 permit to any person who has been convicted of a second or
19 subsequent violation of Section 6-303 of this Code committed
20 while his or her driver's license, permit, or privilege was
21 revoked because of a violation of Section 9-3 of the Criminal
22 Code of 1961, relating to the offense of reckless homicide, or
23 a similar provision of a law of another state.
24     (d)(1) Whenever a person under the age of 21 is convicted
25 under Section 11-501 of this Code or a similar provision of a
26 local ordinance or a similar out-of-state offense, the

 

 

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1 Secretary of State shall revoke the driving privileges of that
2 person. One year after the date of revocation, and upon
3 application, the Secretary of State may, if satisfied that the
4 person applying will not endanger the public safety or welfare,
5 issue a restricted driving permit granting the privilege of
6 driving a motor vehicle only between the hours of 5 a.m. and 9
7 p.m. or as otherwise provided by this Section for a period of
8 one year. After this one year period, and upon reapplication
9 for a license as provided in Section 6-106, upon payment of the
10 appropriate reinstatement fee provided under paragraph (b) of
11 Section 6-118, the Secretary of State, in his discretion, may
12 reinstate the petitioner's driver's license and driving
13 privileges, or extend the restricted driving permit as many
14 times as the Secretary of State deems appropriate, by
15 additional periods of not more than 12 months each.
16         (2) If a person's license or permit is revoked or
17     suspended due to 2 or more convictions of violating Section
18     11-501 of this Code or a similar provision of a local
19     ordinance or a similar out-of-state offense, or Section 9-3
20     of the Criminal Code of 1961, where the use of alcohol or
21     other drugs is recited as an element of the offense, or a
22     similar out-of-state offense, or a combination of these
23     offenses, arising out of separate occurrences, that
24     person, if issued a restricted driving permit, may not
25     operate a vehicle unless it has been equipped with an
26     ignition interlock device as defined in Section 1-129.1.

 

 

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1         (3) If a person's license or permit is revoked or
2     suspended 2 or more times within a 10 year period due to
3     any combination of:
4             (A) a single conviction of violating Section
5         11-501 of this Code or a similar provision of a local
6         ordinance or a similar out-of-state offense, or
7         Section 9-3 of the Criminal Code of 1961, where the use
8         of alcohol or other drugs is recited as an element of
9         the offense, or a similar out-of-state offense; or
10             (B) a statutory summary suspension under Section
11         11-501.1; or
12             (C) a suspension pursuant to Section 6-203.1;
13     arising out of separate occurrences, that person, if issued
14     a restricted driving permit, may not operate a vehicle
15     unless it has been equipped with an ignition interlock
16     device as defined in Section 1-129.1.
17         (4) The person issued a permit conditioned upon the use
18     of an interlock device must pay to the Secretary of State
19     DUI Administration Fund an amount not to exceed $30 per
20     month. The Secretary shall establish by rule the amount and
21     the procedures, terms, and conditions relating to these
22     fees.
23         (5) If the restricted driving permit is issued for
24     employment purposes, then the prohibition against driving
25     a vehicle that is not equipped with an ignition interlock
26     device does not apply to the operation of an occupational

 

 

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1     vehicle owned or leased by that person's employer when used
2     solely for employment purposes.
3         (6) A restricted driving permit issued under this
4     Section shall be subject to cancellation, revocation, and
5     suspension by the Secretary of State in like manner and for
6     like cause as a driver's license issued under this Code may
7     be cancelled, revoked, or suspended; except that a
8     conviction upon one or more offenses against laws or
9     ordinances regulating the movement of traffic shall be
10     deemed sufficient cause for the revocation, suspension, or
11     cancellation of a restricted driving permit.
12     (d-5) The revocation of the license, permit, or driving
13 privileges of a person convicted of a third or subsequent
14 violation of Section 6-303 of this Code committed while his or
15 her driver's license, permit, or privilege was revoked because
16 of a violation of Section 9-3 of the Criminal Code of 1961,
17 relating to the offense of reckless homicide, or a similar
18 provision of a law of another state, is permanent. The
19 Secretary may not, at any time, issue a license or permit to
20 that person.
21     (e) This Section is subject to the provisions of the Driver
22 License Compact.
23     (f) Any revocation imposed upon any person under
24 subsections 2 and 3 of paragraph (b) that is in effect on
25 December 31, 1988 shall be converted to a suspension for a like
26 period of time.

 

 

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1     (g) The Secretary of State shall not issue a restricted
2 driving permit to a person under the age of 16 years whose
3 driving privileges have been revoked under any provisions of
4 this Code.
5     (h) The Secretary of State shall require the use of
6 ignition interlock devices on all vehicles owned by a person
7 who has been convicted of a second or subsequent offense under
8 Section 11-501 of this Code or a similar provision of a local
9 ordinance. The person must pay to the Secretary of State DUI
10 Administration Fund an amount not to exceed $30 for each month
11 that he or she uses the device. The Secretary shall establish
12 by rule and regulation the procedures for certification and use
13 of the interlock system, the amount of the fee, and the
14 procedures, terms, and conditions relating to these fees.
15     (i) (Blank).
16     (j) In accordance with 49 C.F.R. 384, the Secretary of
17 State may not issue a restricted driving permit for the
18 operation of a commercial motor vehicle to a person holding a
19 CDL whose driving privileges have been revoked, suspended,
20 cancelled, or disqualified under any provisions of this Code.
21 (Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08;
22 95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07;
23 95-627, eff. 6-1-08; 95-848, eff. 1-1-09; 95-876, eff. 8-21-08;
24 revised 9-10-08.)
 
25     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)

 

 

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1     Sec. 6-206. Discretionary authority to suspend or revoke
2 license or permit; Right to a hearing.
3     (a) The Secretary of State is authorized to suspend or
4 revoke the driving privileges of any person without preliminary
5 hearing upon a showing of the person's records or other
6 sufficient evidence that the person:
7         1. Has committed an offense for which mandatory
8     revocation of a driver's license or permit is required upon
9     conviction;
10         2. Has been convicted of not less than 3 offenses
11     against traffic regulations governing the movement of
12     vehicles committed within any 12 month period. No
13     revocation or suspension shall be entered more than 6
14     months after the date of last conviction;
15         3. Has been repeatedly involved as a driver in motor
16     vehicle collisions or has been repeatedly convicted of
17     offenses against laws and ordinances regulating the
18     movement of traffic, to a degree that indicates lack of
19     ability to exercise ordinary and reasonable care in the
20     safe operation of a motor vehicle or disrespect for the
21     traffic laws and the safety of other persons upon the
22     highway;
23         4. Has by the unlawful operation of a motor vehicle
24     caused or contributed to an accident resulting in death or
25     injury requiring immediate professional treatment in a
26     medical facility or doctor's office to any person, except

 

 

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1     that any suspension or revocation imposed by the Secretary
2     of State under the provisions of this subsection shall
3     start no later than 6 months after being convicted of
4     violating a law or ordinance regulating the movement of
5     traffic, which violation is related to the accident, or
6     shall start not more than one year after the date of the
7     accident, whichever date occurs later;
8         5. Has permitted an unlawful or fraudulent use of a
9     driver's license, identification card, or permit;
10         6. Has been lawfully convicted of an offense or
11     offenses in another state, including the authorization
12     contained in Section 6-203.1, which if committed within
13     this State would be grounds for suspension or revocation;
14         7. Has refused or failed to submit to an examination
15     provided for by Section 6-207 or has failed to pass the
16     examination;
17         8. Is ineligible for a driver's license or permit under
18     the provisions of Section 6-103;
19         9. Has made a false statement or knowingly concealed a
20     material fact or has used false information or
21     identification in any application for a license,
22     identification card, or permit;
23         10. Has possessed, displayed, or attempted to
24     fraudulently use any license, identification card, or
25     permit not issued to the person;
26         11. Has operated a motor vehicle upon a highway of this

 

 

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1     State when the person's driving privilege or privilege to
2     obtain a driver's license or permit was revoked or
3     suspended unless the operation was authorized by a
4     monitoring device driving permit, judicial driving permit
5     issued prior to January 1, 2009, probationary license to
6     drive, or a restricted driving permit issued under this
7     Code;
8         12. Has submitted to any portion of the application
9     process for another person or has obtained the services of
10     another person to submit to any portion of the application
11     process for the purpose of obtaining a license,
12     identification card, or permit for some other person;
13         13. Has operated a motor vehicle upon a highway of this
14     State when the person's driver's license or permit was
15     invalid under the provisions of Sections 6-107.1 and 6-110;
16         14. Has committed a violation of Section 6-301,
17     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
18     of the Illinois Identification Card Act;
19         15. Has been convicted of violating Section 21-2 of the
20     Criminal Code of 1961 relating to criminal trespass to
21     vehicles in which case, the suspension shall be for one
22     year;
23         16. Has been convicted of violating Section 11-204 of
24     this Code relating to fleeing from a peace officer;
25         17. Has refused to submit to a test, or tests, as
26     required under Section 11-501.1 of this Code and the person

 

 

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1     has not sought a hearing as provided for in Section
2     11-501.1;
3         18. Has, since issuance of a driver's license or
4     permit, been adjudged to be afflicted with or suffering
5     from any mental disability or disease;
6         19. Has committed a violation of paragraph (a) or (b)
7     of Section 6-101 relating to driving without a driver's
8     license;
9         20. Has been convicted of violating Section 6-104
10     relating to classification of driver's license;
11         21. Has been convicted of violating Section 11-402 of
12     this Code relating to leaving the scene of an accident
13     resulting in damage to a vehicle in excess of $1,000, in
14     which case the suspension shall be for one year;
15         22. Has used a motor vehicle in violating paragraph
16     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
17     the Criminal Code of 1961 relating to unlawful use of
18     weapons, in which case the suspension shall be for one
19     year;
20         23. Has, as a driver, been convicted of committing a
21     violation of paragraph (a) of Section 11-502 of this Code
22     for a second or subsequent time within one year of a
23     similar violation;
24         24. Has been convicted by a court-martial or punished
25     by non-judicial punishment by military authorities of the
26     United States at a military installation in Illinois of or

 

 

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1     for a traffic related offense that is the same as or
2     similar to an offense specified under Section 6-205 or
3     6-206 of this Code;
4         25. Has permitted any form of identification to be used
5     by another in the application process in order to obtain or
6     attempt to obtain a license, identification card, or
7     permit;
8         26. Has altered or attempted to alter a license or has
9     possessed an altered license, identification card, or
10     permit;
11         27. Has violated Section 6-16 of the Liquor Control Act
12     of 1934;
13         28. Has been convicted of the illegal possession, while
14     operating or in actual physical control, as a driver, of a
15     motor vehicle, of any controlled substance prohibited
16     under the Illinois Controlled Substances Act, any cannabis
17     prohibited under the Cannabis Control Act, or any
18     methamphetamine prohibited under the Methamphetamine
19     Control and Community Protection Act, in which case the
20     person's driving privileges shall be suspended for one
21     year, and any driver who is convicted of a second or
22     subsequent offense, within 5 years of a previous
23     conviction, for the illegal possession, while operating or
24     in actual physical control, as a driver, of a motor
25     vehicle, of any controlled substance prohibited under the
26     Illinois Controlled Substances Act, any cannabis

 

 

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1     prohibited under the Cannabis Control Act, or any
2     methamphetamine prohibited under the Methamphetamine
3     Control and Community Protection Act shall be suspended for
4     5 years. Any defendant found guilty of this offense while
5     operating a motor vehicle, shall have an entry made in the
6     court record by the presiding judge that this offense did
7     occur while the defendant was operating a motor vehicle and
8     order the clerk of the court to report the violation to the
9     Secretary of State;
10         29. Has been convicted of the following offenses that
11     were committed while the person was operating or in actual
12     physical control, as a driver, of a motor vehicle: criminal
13     sexual assault, predatory criminal sexual assault of a
14     child, aggravated criminal sexual assault, criminal sexual
15     abuse, aggravated criminal sexual abuse, juvenile pimping,
16     soliciting for a juvenile prostitute and the manufacture,
17     sale or delivery of controlled substances or instruments
18     used for illegal drug use or abuse in which case the
19     driver's driving privileges shall be suspended for one
20     year;
21         30. Has been convicted a second or subsequent time for
22     any combination of the offenses named in paragraph 29 of
23     this subsection, in which case the person's driving
24     privileges shall be suspended for 5 years;
25         31. Has refused to submit to a test as required by
26     Section 11-501.6 or has submitted to a test resulting in an

 

 

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1     alcohol concentration of 0.08 or more or any amount of a
2     drug, substance, or compound resulting from the unlawful
3     use or consumption of cannabis as listed in the Cannabis
4     Control Act, a controlled substance as listed in the
5     Illinois Controlled Substances Act, an intoxicating
6     compound as listed in the Use of Intoxicating Compounds
7     Act, or methamphetamine as listed in the Methamphetamine
8     Control and Community Protection Act, in which case the
9     penalty shall be as prescribed in Section 6-208.1;
10         32. Has been convicted of Section 24-1.2 of the
11     Criminal Code of 1961 relating to the aggravated discharge
12     of a firearm if the offender was located in a motor vehicle
13     at the time the firearm was discharged, in which case the
14     suspension shall be for 3 years;
15         33. Has as a driver, who was less than 21 years of age
16     on the date of the offense, been convicted a first time of
17     a violation of paragraph (a) of Section 11-502 of this Code
18     or a similar provision of a local ordinance;
19         34. Has committed a violation of Section 11-1301.5 of
20     this Code;
21         35. Has committed a violation of Section 11-1301.6 of
22     this Code;
23         36. Is under the age of 21 years at the time of arrest
24     and has been convicted of not less than 2 offenses against
25     traffic regulations governing the movement of vehicles
26     committed within any 24 month period. No revocation or

 

 

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1     suspension shall be entered more than 6 months after the
2     date of last conviction;
3         37. Has committed a violation of subsection (c) of
4     Section 11-907 of this Code that resulted in damage to the
5     property of another or the death or injury of another;
6         38. Has been convicted of a violation of Section 6-20
7     of the Liquor Control Act of 1934 or a similar provision of
8     a local ordinance;
9         39. Has committed a second or subsequent violation of
10     Section 11-1201 of this Code;
11         40. Has committed a violation of subsection (a-1) of
12     Section 11-908 of this Code;
13         41. Has committed a second or subsequent violation of
14     Section 11-605.1 of this Code within 2 years of the date of
15     the previous violation, in which case the suspension shall
16     be for 90 days;
17         42. Has committed a violation of subsection (a-1) of
18     Section 11-1301.3 of this Code;
19         43. Has received a disposition of court supervision for
20     a violation of subsection (a), (d), or (e) of Section 6-20
21     of the Liquor Control Act of 1934 or a similar provision of
22     a local ordinance, in which case the suspension shall be
23     for a period of 3 months;
24         44. Is under the age of 21 years at the time of arrest
25     and has been convicted of an offense against traffic
26     regulations governing the movement of vehicles after

 

 

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1     having previously had his or her driving privileges
2     suspended or revoked pursuant to subparagraph 36 of this
3     Section; or
4         45. Has, in connection with or during the course of a
5     formal hearing conducted under Section 2-118 of this Code:
6     (i) committed perjury; (ii) submitted fraudulent or
7     falsified documents; (iii) submitted documents that have
8     been materially altered; or (iv) submitted, as his or her
9     own, documents that were in fact prepared or composed for
10     another person.
11     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
12 and 27 of this subsection, license means any driver's license,
13 any traffic ticket issued when the person's driver's license is
14 deposited in lieu of bail, a suspension notice issued by the
15 Secretary of State, a duplicate or corrected driver's license,
16 a probationary driver's license or a temporary driver's
17 license.
18     (b) If any conviction forming the basis of a suspension or
19 revocation authorized under this Section is appealed, the
20 Secretary of State may rescind or withhold the entry of the
21 order of suspension or revocation, as the case may be, provided
22 that a certified copy of a stay order of a court is filed with
23 the Secretary of State. If the conviction is affirmed on
24 appeal, the date of the conviction shall relate back to the
25 time the original judgment of conviction was entered and the 6
26 month limitation prescribed shall not apply.

 

 

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1     (c) 1. Upon suspending or revoking the driver's license or
2 permit of any person as authorized in this Section, the
3 Secretary of State shall immediately notify the person in
4 writing of the revocation or suspension. The notice to be
5 deposited in the United States mail, postage prepaid, to the
6 last known address of the person.
7         2. If the Secretary of State suspends the driver's
8     license of a person under subsection 2 of paragraph (a) of
9     this Section, a person's privilege to operate a vehicle as
10     an occupation shall not be suspended, provided an affidavit
11     is properly completed, the appropriate fee received, and a
12     permit issued prior to the effective date of the
13     suspension, unless 5 offenses were committed, at least 2 of
14     which occurred while operating a commercial vehicle in
15     connection with the driver's regular occupation. All other
16     driving privileges shall be suspended by the Secretary of
17     State. Any driver prior to operating a vehicle for
18     occupational purposes only must submit the affidavit on
19     forms to be provided by the Secretary of State setting
20     forth the facts of the person's occupation. The affidavit
21     shall also state the number of offenses committed while
22     operating a vehicle in connection with the driver's regular
23     occupation. The affidavit shall be accompanied by the
24     driver's license. Upon receipt of a properly completed
25     affidavit, the Secretary of State shall issue the driver a
26     permit to operate a vehicle in connection with the driver's

 

 

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1     regular occupation only. Unless the permit is issued by the
2     Secretary of State prior to the date of suspension, the
3     privilege to drive any motor vehicle shall be suspended as
4     set forth in the notice that was mailed under this Section.
5     If an affidavit is received subsequent to the effective
6     date of this suspension, a permit may be issued for the
7     remainder of the suspension period.
8         The provisions of this subparagraph shall not apply to
9     any driver required to possess a CDL for the purpose of
10     operating a commercial motor vehicle.
11         Any person who falsely states any fact in the affidavit
12     required herein shall be guilty of perjury under Section
13     6-302 and upon conviction thereof shall have all driving
14     privileges revoked without further rights.
15         3. At the conclusion of a hearing under Section 2-118
16     of this Code, the Secretary of State shall either rescind
17     or continue an order of revocation or shall substitute an
18     order of suspension; or, good cause appearing therefor,
19     rescind, continue, change, or extend the order of
20     suspension. If the Secretary of State does not rescind the
21     order, the Secretary may upon application, to relieve undue
22     hardship (as defined by the rules of the Secretary of
23     State), issue a restricted driving permit granting the
24     privilege of driving a motor vehicle between the
25     petitioner's residence and petitioner's place of
26     employment or within the scope of the petitioner's

 

 

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1     employment related duties, or to allow the petitioner to
2     transport himself or herself, or a family member of the
3     petitioner's household to a medical facility, to receive
4     necessary medical care, to allow the petitioner to
5     transport himself or herself to and from alcohol or drug
6     remedial or rehabilitative activity recommended by a
7     licensed service provider, or to allow the petitioner to
8     transport himself or herself or a family member of the
9     petitioner's household to classes, as a student, at an
10     accredited educational institution, or to allow the
11     petitioner to transport children living in the
12     petitioner's household to and from daycare. The petitioner
13     must demonstrate that no alternative means of
14     transportation is reasonably available and that the
15     petitioner will not endanger the public safety or welfare.
16     Those multiple offenders identified in subdivision (b)4 of
17     Section 6-208 of this Code, however, shall not be eligible
18     for the issuance of a restricted driving permit.
19              (A) If a person's license or permit is revoked or
20         suspended due to 2 or more convictions of violating
21         Section 11-501 of this Code or a similar provision of a
22         local ordinance or a similar out-of-state offense, or
23         Section 9-3 of the Criminal Code of 1961, where the use
24         of alcohol or other drugs is recited as an element of
25         the offense, or a similar out-of-state offense, or a
26         combination of these offenses, arising out of separate

 

 

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1         occurrences, that person, if issued a restricted
2         driving permit, may not operate a vehicle unless it has
3         been equipped with an ignition interlock device as
4         defined in Section 1-129.1.
5             (B) If a person's license or permit is revoked or
6         suspended 2 or more times within a 10 year period due
7         to any combination of:
8                 (i) a single conviction of violating Section
9             11-501 of this Code or a similar provision of a
10             local ordinance or a similar out-of-state offense
11             or Section 9-3 of the Criminal Code of 1961, where
12             the use of alcohol or other drugs is recited as an
13             element of the offense, or a similar out-of-state
14             offense; or
15                 (ii) a statutory summary suspension under
16             Section 11-501.1; or
17                 (iii) a suspension under Section 6-203.1;
18         arising out of separate occurrences; that person, if
19         issued a restricted driving permit, may not operate a
20         vehicle unless it has been equipped with an ignition
21         interlock device as defined in Section 1-129.1.
22             (C) The person issued a permit conditioned upon the
23         use of an ignition interlock device must pay to the
24         Secretary of State DUI Administration Fund an amount
25         not to exceed $30 per month. The Secretary shall
26         establish by rule the amount and the procedures, terms,

 

 

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1         and conditions relating to these fees.
2             (D) If the restricted driving permit is issued for
3         employment purposes, then the prohibition against
4         operating a motor vehicle that is not equipped with an
5         ignition interlock device does not apply to the
6         operation of an occupational vehicle owned or leased by
7         that person's employer when used solely for employment
8         purposes.
9             (E) In each case the Secretary may issue a
10         restricted driving permit for a period deemed
11         appropriate, except that all permits shall expire
12         within one year from the date of issuance. The
13         Secretary may not, however, issue a restricted driving
14         permit to any person whose current revocation is the
15         result of a second or subsequent conviction for a
16         violation of Section 11-501 of this Code or a similar
17         provision of a local ordinance or any similar
18         out-of-state offense, or Section 9-3 of the Criminal
19         Code of 1961, where the use of alcohol or other drugs
20         is recited as an element of the offense, or any similar
21         out-of-state offense, or any combination of those
22         offenses, until the expiration of at least one year
23         from the date of the revocation. A restricted driving
24         permit issued under this Section shall be subject to
25         cancellation, revocation, and suspension by the
26         Secretary of State in like manner and for like cause as

 

 

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1         a driver's license issued under this Code may be
2         cancelled, revoked, or suspended; except that a
3         conviction upon one or more offenses against laws or
4         ordinances regulating the movement of traffic shall be
5         deemed sufficient cause for the revocation,
6         suspension, or cancellation of a restricted driving
7         permit. The Secretary of State may, as a condition to
8         the issuance of a restricted driving permit, require
9         the applicant to participate in a designated driver
10         remedial or rehabilitative program. The Secretary of
11         State is authorized to cancel a restricted driving
12         permit if the permit holder does not successfully
13         complete the program.
14     (c-3) In the case of a suspension under paragraph 43 of
15 subsection (a), reports received by the Secretary of State
16 under this Section shall, except during the actual time the
17 suspension is in effect, be privileged information and for use
18 only by the courts, police officers, prosecuting authorities,
19 the driver licensing administrator of any other state, or the
20 Secretary of State. However, beginning January 1, 2008, if the
21 person is a CDL holder, the suspension shall also be made
22 available to the driver licensing administrator of any other
23 state, the U.S. Department of Transportation, and the affected
24 driver or motor carrier or prospective motor carrier upon
25 request.
26     (c-4) In the case of a suspension under paragraph 43 of

 

 

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1 subsection (a), the Secretary of State shall notify the person
2 by mail that his or her driving privileges and driver's license
3 will be suspended one month after the date of the mailing of
4 the notice.
5     (c-5) The Secretary of State may, as a condition of the
6 reissuance of a driver's license or permit to an applicant
7 whose driver's license or permit has been suspended before he
8 or she reached the age of 18 years pursuant to any of the
9 provisions of this Section, require the applicant to
10 participate in a driver remedial education course and be
11 retested under Section 6-109 of this Code.
12     (d) This Section is subject to the provisions of the
13 Drivers License Compact.
14     (e) 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 suspended or revoked under any
17 provisions of this Code.
18     (f) In accordance with 49 C.F.R. 384, the Secretary of
19 State may not issue a restricted driving permit for the
20 operation of a commercial motor vehicle to a person holding a
21 CDL whose driving privileges have been suspended, revoked,
22 cancelled, or disqualified under any provisions of this Code.
23 (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05;
24 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08;
25 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08;
26 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09;

 

 

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1 revised 9-5-08.)