093_HB3210eng

 
HB3210 Engrossed                     LRB093 11159 LCB 12064 b

 1        AN ACT in relation to the operation of motor vehicles.

 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 Section 6-206 and adding Section 11-1429 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
11    preliminary hearing upon a showing of the person's records or
12    other 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
15        upon 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
22        motor vehicle collisions or has been repeatedly convicted
23        of  offenses  against  laws and ordinances regulating the
24        movement of traffic, to a degree that indicates  lack  of
25        ability  to  exercise ordinary and reasonable care in the
26        safe operation of a motor vehicle or disrespect  for  the
27        traffic  laws  and  the  safety of other persons upon the
28        highway;
29             4.  Has by the unlawful operation of a motor vehicle
30        caused or contributed to an accident resulting  in  death
31        or injury requiring immediate professional treatment in a
 
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 1        medical facility or doctor's office to any person, except
 2        that   any   suspension  or  revocation  imposed  by  the
 3        Secretary  of  State  under  the   provisions   of   this
 4        subsection shall start no later than 6 months after being
 5        convicted  of violating a law or ordinance regulating the
 6        movement of traffic, which violation is  related  to  the
 7        accident, or shall start not more than one year after the
 8        date of the accident, whichever date occurs later;
 9             5.  Has permitted an unlawful or fraudulent use of a
10        driver's license, identification card, or permit;
11             6.  Has  been  lawfully  convicted  of an offense or
12        offenses in another state,  including  the  authorization
13        contained  in  Section 6-203.1, which if committed within
14        this State would be grounds for suspension or revocation;
15             7.  Has  refused  or  failed   to   submit   to   an
16        examination  provided  for by Section 6-207 or has failed
17        to pass the examination;
18             8.  Is ineligible for a driver's license  or  permit
19        under the provisions of Section 6-103;
20             9.  Has   made   a   false  statement  or  knowingly
21        concealed a material fact or has used  false  information
22        or  identification  in  any  application  for  a license,
23        identification card, or permit;
24             10.  Has  possessed,  displayed,  or  attempted   to
25        fraudulently  use  any  license,  identification card, or
26        permit not issued to the person;
27             11.  Has operated a motor vehicle upon a highway  of
28        this   State  when  the  person's  driving  privilege  or
29        privilege to obtain a  driver's  license  or  permit  was
30        revoked  or suspended unless the operation was authorized
31        by a judicial driving  permit,  probationary  license  to
32        drive,  or  a restricted driving permit issued under this
33        Code;
34             12.  Has submitted to any portion of the application
 
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 1        process for another person or has obtained  the  services
 2        of  another  person  to  submit  to  any  portion  of the
 3        application  process  for  the  purpose  of  obtaining  a
 4        license, identification card, or permit  for  some  other
 5        person;
 6             13.  Has  operated a motor vehicle upon a highway of
 7        this State when the person's driver's license  or  permit
 8        was  invalid under the provisions of Sections 6-107.1 and
 9        6-110;
10             14.  Has committed a  violation  of  Section  6-301,
11        6-301.1,  or  6-301.2 of this Act, or Section 14, 14A, or
12        14B of the Illinois Identification Card Act;
13             15.  Has been convicted of violating Section 21-2 of
14        the Criminal Code of 1961 relating to  criminal  trespass
15        to  vehicles  in  which case, the suspension shall be for
16        one year;
17             16.  Has been convicted of violating Section  11-204
18        of this Code relating to fleeing from a police officer;
19             17.  Has  refused  to submit to a test, or tests, as
20        required under Section 11-501.1  of  this  Code  and  the
21        person  has  not  sought  a  hearing  as  provided for in
22        Section 11-501.1;
23             18.  Has, since issuance of a  driver's  license  or
24        permit,  been  adjudged to be afflicted with or suffering
25        from any mental disability or disease;
26             19.  Has committed a violation of paragraph  (a)  or
27        (b)  of  Section  6-101  relating  to  driving  without a
28        driver's license;
29             20.  Has been convicted of violating  Section  6-104
30        relating to classification of driver's license;
31             21.  Has  been convicted of violating Section 11-402
32        of this Code relating to leaving the scene of an accident
33        resulting in damage to a vehicle in excess of $1,000,  in
34        which case the suspension shall be for one year;
 
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 1             22.  Has used a motor vehicle in violating paragraph
 2        (3),  (4),  (7), or (9) of subsection (a) of Section 24-1
 3        of the Criminal Code of 1961 relating to unlawful use  of
 4        weapons,  in  which  case the suspension shall be for one
 5        year;
 6             23.  Has, as a driver, been convicted of  committing
 7        a  violation  of  paragraph (a) of Section 11-502 of this
 8        Code for a second or subsequent time within one year of a
 9        similar violation;
10             24.  Has  been  convicted  by  a  court-martial   or
11        punished   by   non-judicial   punishment   by   military
12        authorities   of   the   United   States  at  a  military
13        installation in Illinois of  or  for  a  traffic  related
14        offense  that  is  the  same  as or similar to an offense
15        specified under Section 6-205 or 6-206 of this Code;
16             25.  Has permitted any form of identification to  be
17        used  by  another  in the application process in order to
18        obtain or attempt to  obtain  a  license,  identification
19        card, or permit;
20             26.  Has  altered or attempted to alter a license or
21        has possessed an altered license, identification card, or
22        permit;
23             27.  Has violated Section 6-16 of the Liquor Control
24        Act of 1934;
25             28.  Has been convicted of the  illegal  possession,
26        while  operating  or  in  actual  physical  control, as a
27        driver, of a motor vehicle, of any  controlled  substance
28        prohibited  under  the Illinois Controlled Substances Act
29        or any cannabis prohibited under the  provisions  of  the
30        Cannabis  Control Act, in which case the person's driving
31        privileges shall be  suspended  for  one  year,  and  any
32        driver  who  is  convicted  of  a  second  or  subsequent
33        offense, within 5 years of a previous conviction, for the
34        illegal possession, while operating or in actual physical
 
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 1        control,  as  a  driver,  of  a  motor  vehicle,  of  any
 2        controlled  substance  prohibited under the provisions of
 3        the Illinois Controlled Substances Act  or  any  cannabis
 4        prohibited  under  the  Cannabis  Control  Act  shall  be
 5        suspended for 5 years. Any defendant found guilty of this
 6        offense  while  operating  a motor vehicle, shall have an
 7        entry made in the court record  by  the  presiding  judge
 8        that  this  offense  did  occur  while  the defendant was
 9        operating a motor vehicle and  order  the  clerk  of  the
10        court to report the violation to the Secretary of State;
11             29.  Has  been  convicted  of the following offenses
12        that were committed while the person was operating or  in
13        actual physical control, as a driver, of a motor vehicle:
14        criminal   sexual   assault,  predatory  criminal  sexual
15        assault of a child, aggravated criminal  sexual  assault,
16        criminal  sexual abuse, aggravated criminal sexual abuse,
17        juvenile pimping, soliciting for  a  juvenile  prostitute
18        and  the  manufacture,  sale  or  delivery  of controlled
19        substances or instruments used for illegal  drug  use  or
20        abuse in which case the driver's driving privileges shall
21        be suspended for one year;
22             30.  Has  been convicted a second or subsequent time
23        for any combination of the offenses named in paragraph 29
24        of this subsection, in which case  the  person's  driving
25        privileges shall be suspended for 5 years;
26             31.  Has  refused to submit to a test as required by
27        Section 11-501.6 or has submitted to a test resulting  in
28        an alcohol concentration of 0.08 or more or any amount of
29        a   drug,  substance,  or  compound  resulting  from  the
30        unlawful use or consumption of cannabis as listed in  the
31        Cannabis Control Act, a controlled substance as listed in
32        the   Illinois   Controlled   Substances   Act,   or   an
33        intoxicating   compound   as   listed   in   the  Use  of
34        Intoxicating Compounds Act, in  which  case  the  penalty
 
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 1        shall be as prescribed in Section 6-208.1;
 2             32.  Has  been  convicted  of  Section 24-1.2 of the
 3        Criminal  Code  of  1961  relating  to   the   aggravated
 4        discharge  of  a firearm if the offender was located in a
 5        motor vehicle at the time the firearm was discharged,  in
 6        which case the suspension shall be for 3 years;
 7             33.  Has as  a driver, who was less than 21 years of
 8        age  on  the  date of the offense, been convicted a first
 9        time of a violation of paragraph (a) of Section 11-502 of
10        this Code or a similar provision of a local ordinance;
11             34.  Has committed a violation of Section  11-1301.5
12        of this Code;
13             35.  Has  committed a violation of Section 11-1301.6
14        of this Code;
15             36.  Is under the age of 21 years  at  the  time  of
16        arrest and has been convicted of not less than 2 offenses
17        against  traffic  regulations  governing  the movement of
18        vehicles  committed  within  any  24  month  period.   No
19        revocation or suspension shall be  entered  more  than  6
20        months after the date of last conviction;
21             37.  Has  committed a violation of subsection (c) of
22        Section 11-907 of this Code; or
23             38.  Has been convicted of a  violation  of  Section
24        6-20  of  the  Liquor  Control  Act  of 1934 or a similar
25        provision of a local ordinance;.
26             39.  38.  Has  committed  a  second  or   subsequent
27        violation of Section 11-1201 of this Code; or.
28             40.  Has  committed a second or subsequent violation
29        of Section 11-1429 of this Code.
30        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
31    and  27  of  this  subsection,  license  means  any  driver's
32    license, any traffic ticket issued when the person's driver's
33    license  is  deposited  in  lieu of bail, a suspension notice
34    issued by the Secretary of State, a  duplicate  or  corrected
 
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 1    driver's  license,  a  probationary  driver's  license  or  a
 2    temporary driver's license.
 3        (b)  If  any conviction forming the basis of a suspension
 4    or revocation authorized under this Section is appealed,  the
 5    Secretary  of  State may rescind or withhold the entry of the
 6    order of suspension  or  revocation,  as  the  case  may  be,
 7    provided  that a certified copy of a stay order of a court is
 8    filed with the Secretary of  State.   If  the  conviction  is
 9    affirmed  on  appeal, the date of the conviction shall relate
10    back to the time the  original  judgment  of  conviction  was
11    entered  and  the  6  month  limitation  prescribed shall not
12    apply.
13         (c) 1.  Upon suspending or revoking the driver's license
14        or permit of any person as authorized  in  this  Section,
15        the  Secretary  of  State  shall  immediately  notify the
16        person in writing of the revocation  or  suspension.  The
17        notice to be deposited in the United States mail, postage
18        prepaid, to the last known address of the person.
19             2.  If  the Secretary of State suspends the driver's
20        license of a person under subsection 2 of  paragraph  (a)
21        of  this  Section,  a  person's  privilege  to  operate a
22        vehicle as an occupation shall not be suspended, provided
23        an affidavit is properly completed, the  appropriate  fee
24        received, and a permit issued prior to the effective date
25        of  the  suspension, unless 5 offenses were committed, at
26        least 2 of which occurred while  operating  a  commercial
27        vehicle   in   connection   with   the  driver's  regular
28        occupation.  All  other  driving  privileges   shall   be
29        suspended  by the Secretary of State. Any driver prior to
30        operating a vehicle for occupational purposes  only  must
31        submit  the  affidavit  on  forms  to  be provided by the
32        Secretary  of  State  setting  forth  the  facts  of  the
33        person's occupation.  The affidavit shall also state  the
34        number of offenses committed while operating a vehicle in
 
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 1        connection  with  the  driver's  regular  occupation. The
 2        affidavit shall be accompanied by the  driver's  license.
 3        Upon  receipt  of  a  properly  completed  affidavit, the
 4        Secretary of State shall issue the  driver  a  permit  to
 5        operate a vehicle in connection with the driver's regular
 6        occupation  only.  Unless  the  permit  is  issued by the
 7        Secretary of State prior to the date of  suspension,  the
 8        privilege  to  drive any motor vehicle shall be suspended
 9        as set forth in the notice that  was  mailed  under  this
10        Section.  If  an  affidavit is received subsequent to the
11        effective date of this suspension, a permit may be issued
12        for the remainder of the suspension period.
13             The provisions of this subparagraph shall not  apply
14        to  any  driver  required to obtain a commercial driver's
15        license under  Section  6-507  during  the  period  of  a
16        disqualification  of  commercial driving privileges under
17        Section 6-514.
18             Any person  who  falsely  states  any  fact  in  the
19        affidavit  required  herein  shall  be  guilty of perjury
20        under Section 6-302 and  upon  conviction  thereof  shall
21        have  all  driving  privileges  revoked  without  further
22        rights.
23             3.  At  the  conclusion  of  a hearing under Section
24        2-118 of this Code, the Secretary of State  shall  either
25        rescind  or  continue  an  order  of  revocation or shall
26        substitute  an  order  of  suspension;  or,  good   cause
27        appearing  therefor, rescind, continue, change, or extend
28        the order of suspension.  If the Secretary of State  does
29        not   rescind   the   order,   the   Secretary  may  upon
30        application,  to  relieve   undue   hardship,   issue   a
31        restricted  driving  permit  granting  the  privilege  of
32        driving   a   motor   vehicle  between  the  petitioner's
33        residence and petitioner's place of employment or  within
34        the  scope  of his employment related duties, or to allow
 
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 1        transportation for the petitioner, or a household  member
 2        of  the petitioner's family, to receive necessary medical
 3        care  and  if  the  professional  evaluation   indicates,
 4        provide    transportation   for   alcohol   remedial   or
 5        rehabilitative activity, or for the petitioner to  attend
 6        classes,  as  a  student,  in  an  accredited educational
 7        institution; if the petitioner  is  able  to  demonstrate
 8        that no alternative means of transportation is reasonably
 9        available and the petitioner will not endanger the public
10        safety or welfare.
11             If  a person's license or permit has been revoked or
12        suspended due to  2  or  more  convictions  of  violating
13        Section  11-501  of this Code or a similar provision of a
14        local  ordinance  or  a  similar  out-of-state   offense,
15        arising  out  of  separate  occurrences,  that person, if
16        issued a restricted driving permit,  may  not  operate  a
17        vehicle  unless  it  has  been  equipped with an ignition
18        interlock device as defined in Section 1-129.1.
19             If a person's license or permit has been revoked  or
20        suspended  2 or more times within a 10 year period due to
21        a single conviction of violating Section 11-501  of  this
22        Code  or  a  similar  provision of a local ordinance or a
23        similar out-of-state offense,  and  a  statutory  summary
24        suspension under Section 11-501.1, or 2 or more statutory
25        summary  suspensions, or combination of 2 offenses, or of
26        an offense and a statutory  summary  suspension,  arising
27        out  of  separate  occurrences,  that person, if issued a
28        restricted driving permit,  may  not  operate  a  vehicle
29        unless  it  has  been equipped with an ignition interlock
30        device as defined in Section 1-129.1.   The  person  must
31        pay  to the Secretary of State DUI Administration Fund an
32        amount not to exceed $20 per month.  The Secretary  shall
33        establish  by  rule the amount and the procedures, terms,
34        and conditions relating to these fees.  If the restricted
 
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 1        driving permit was issued for employment  purposes,  then
 2        this  provision  does  not  apply  to the operation of an
 3        occupational vehicle owned or  leased  by  that  person's
 4        employer.   In  each  case  the  Secretary  may  issue  a
 5        restricted   driving   permit   for   a   period   deemed
 6        appropriate,  except that all permits shall expire within
 7        one year from the date of issuance.   The  Secretary  may
 8        not,  however,  issue  a restricted driving permit to any
 9        person whose current revocation is the result of a second
10        or subsequent  conviction  for  a  violation  of  Section
11        11-501  of  this  Code  or a similar provision of a local
12        ordinance relating to the offense of operating  or  being
13        in  physical  control  of a motor vehicle while under the
14        influence of alcohol, other drug or  drugs,  intoxicating
15        compound   or  compounds,  or  any  similar  out-of-state
16        offense, or any combination of those offenses, until  the
17        expiration  of  at  least  one  year from the date of the
18        revocation.  A restricted  driving  permit  issued  under
19        this   Section   shall   be   subject   to  cancellation,
20        revocation, and suspension by the Secretary of  State  in
21        like  manner  and  for  like  cause as a driver's license
22        issued under this Code  may  be  cancelled,  revoked,  or
23        suspended;  except  that  a  conviction  upon one or more
24        offenses  against  laws  or  ordinances  regulating   the
25        movement  of traffic shall be deemed sufficient cause for
26        the  revocation,  suspension,  or   cancellation   of   a
27        restricted  driving  permit.  The Secretary of State may,
28        as a condition to the issuance of  a  restricted  driving
29        permit,   require  the  applicant  to  participate  in  a
30        designated driver  remedial  or  rehabilitative  program.
31        The   Secretary  of  State  is  authorized  to  cancel  a
32        restricted driving permit if the permit holder  does  not
33        successfully complete the program.
34        (c-5)  The  Secretary of State may, as a condition of the
 
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 1    reissuance of a driver's license or permit  to  an  applicant
 2    whose driver's license or permit has been suspended before he
 3    or  she  reached  the  age of 18 years pursuant to any of the
 4    provisions  of  this  Section,  require  the   applicant   to
 5    participate  in  a  driver  remedial  education course and be
 6    retested under Section 6-109 of this Code.
 7        (d)  This Section is subject to  the  provisions  of  the
 8    Drivers License Compact.
 9        (e)  The  Secretary of State shall not issue a restricted
10    driving permit to a person under the age of  16  years  whose
11    driving  privileges  have been suspended or revoked under any
12    provisions of this Code.
13    (Source: P.A. 92-283,  eff.  1-1-02;  92-418,  eff.  8-17-01;
14    92-458,  eff.  8-22-01;  92-651,  eff.  7-11-02; 92-804, eff.
15    1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)

16        (625 ILCS 5/11-1429 new)
17        Sec. 11-1429. Theft of motor fuel.
18        (a)  No person may knowingly operate a vehicle so  as  to
19    cause  it  to leave the premises of an establishment at which
20    motor fuel offered for retail sale  was  dispensed  into  the
21    fuel  tank  of  the  vehicle unless that person or some other
22    person has paid for or charged the  price  of  the  dispensed
23    motor fuel.
24        (b)  Violation  of  this Section is a Class A misdemeanor
25    punishable by a minimum fine of $250 or 30 hours of community
26    service.
27        (c)  A second violation of this Section shall  cause  the
28    person's  driver's  license  to  be suspended for 6 months. A
29    third or subsequent violation of this Section shall result in
30    a one-year suspension.