Illinois General Assembly - Full Text of HB4768
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Full Text of HB4768  94th General Assembly

HB4768 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4768

 

Introduced 1/18/2006, by Rep. John D'Amico

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-103   from Ch. 95 1/2, par. 6-103
625 ILCS 5/6-107   from Ch. 95 1/2, par. 6-107
625 ILCS 5/6-107.1
625 ILCS 5/6-107.4 new
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
625 ILCS 5/7-702.1

    Amends the Illinois Vehicle Code. Provides that a driver's license may not be issued to a person under 18 years of age. Provides that an instruction permit may not be issued to a person under the age of 17 years. Increases from 16 to 18 years the minimum age for issuance of a restricted driving permit or a family financial responsibility driving permit. Makes corresponding changes in other provisions. Provides that the increases in the driving age do not invalidate any license or permit that was previously issued to a person under 18 years of age if the person complies, until his or her 18th birthday, with all requirements that previously applied to drivers under 18 years of age.


LRB094 17603 DRH 52901 b

 

 

A BILL FOR

 

HB4768 LRB094 17603 DRH 52901 b

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 6-103, 6-107, 6-107.1, 6-205, 6-206, and 7-702.1 and
6 adding Section 6-107.4 as follows:
 
7     (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
8     Sec. 6-103. What persons shall not be licensed as drivers
9 or granted permits. The Secretary of State shall not issue,
10 renew, or allow the retention of any driver's license nor issue
11 any permit under this Code:
12         1. To any person, as a driver, who is under the age of
13     18 years, except as provided in Section 6-107, and except
14     that an instruction permit may be issued under Section
15     6-107.1 to a child who is not less than 17 15 years of age
16     if the child is enrolled in an approved driver education
17     course as defined in Section 1-103 of this Code and
18     requires an instruction permit to participate therein,
19     except that an instruction permit may be issued under the
20     provisions of Section 6-107.1 to a child who is 17 years
21     and 9 months of age without the child having enrolled in an
22     approved driver education course and except that an
23     instruction permit may be issued to a child who is at least
24     17 15 years and 6 months of age, is enrolled in school,
25     meets the educational requirements of the Driver Education
26     Act, and has passed examinations the Secretary of State in
27     his or her discretion may prescribe;
28         2. To any person who is under the age of 18 as an
29     operator of a motorcycle other than a motor driven cycle
30     unless the person has, in addition to meeting the
31     provisions of Section 6-107 of this Code, successfully
32     completed a motorcycle training course approved by the

 

 

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1     Illinois Department of Transportation and successfully
2     completes the required Secretary of State's motorcycle
3     driver's examination;
4         3. To any person, as a driver, whose driver's license
5     or permit has been suspended, during the suspension, nor to
6     any person whose driver's license or permit has been
7     revoked, except as provided in Sections 6-205, 6-206, and
8     6-208;
9         4. To any person, as a driver, who is a user of alcohol
10     or any other drug to a degree that renders the person
11     incapable of safely driving a motor vehicle;
12         5. To any person, as a driver, who has previously been
13     adjudged to be afflicted with or suffering from any mental
14     or physical disability or disease and who has not at the
15     time of application been restored to competency by the
16     methods provided by law;
17         6. To any person, as a driver, who is required by the
18     Secretary of State to submit an alcohol and drug evaluation
19     or take an examination provided for in this Code unless the
20     person has successfully passed the examination and
21     submitted any required evaluation;
22         7. To any person who is required under the provisions
23     of the laws of this State to deposit security or proof of
24     financial responsibility and who has not deposited the
25     security or proof;
26         8. To any person when the Secretary of State has good
27     cause to believe that the person by reason of physical or
28     mental disability would not be able to safely operate a
29     motor vehicle upon the highways, unless the person shall
30     furnish to the Secretary of State a verified written
31     statement, acceptable to the Secretary of State, from a
32     competent medical specialist to the effect that the
33     operation of a motor vehicle by the person would not be
34     inimical to the public safety;
35         9. To any person, as a driver, who is 69 years of age
36     or older, unless the person has successfully complied with

 

 

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1     the provisions of Section 6-109;
2         10. To any person convicted, within 12 months of
3     application for a license, of any of the sexual offenses
4     enumerated in paragraph 2 of subsection (b) of Section
5     6-205;
6         11. To any person who is under the age of 21 years with
7     a classification prohibited in paragraph (b) of Section
8     6-104 and to any person who is under the age of 18 years
9     with a classification prohibited in paragraph (c) of
10     Section 6-104;
11         12. To any person who has been either convicted of or
12     adjudicated under the Juvenile Court Act of 1987 based upon
13     a violation of the Cannabis Control Act, the Illinois
14     Controlled Substances Act, or the Methamphetamine Control
15     and Community Protection Act while that person was in
16     actual physical control of a motor vehicle. For purposes of
17     this Section, any person placed on probation under Section
18     10 of the Cannabis Control Act, Section 410 of the Illinois
19     Controlled Substances Act, or Section 70 of the
20     Methamphetamine Control and Community Protection Act shall
21     not be considered convicted. Any person found guilty of
22     this offense, while in actual physical control of a motor
23     vehicle, shall have an entry made in the court record by
24     the judge that this offense did occur while the person was
25     in actual physical control of a motor vehicle and order the
26     clerk of the court to report the violation to the Secretary
27     of State as such. The Secretary of State shall not issue a
28     new license or permit for a period of one year;
29         13. To any person who is under the age of 18 years and
30     who has committed the offense of operating a motor vehicle
31     without a valid license or permit in violation of Section
32     6-101;
33         14. To any person who is 90 days or more delinquent in
34     court ordered child support payments or has been
35     adjudicated in arrears in an amount equal to 90 days'
36     obligation or more and who has been found in contempt of

 

 

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1     court for failure to pay the support, subject to the
2     requirements and procedures of Article VII of Chapter 7 of
3     the Illinois Vehicle Code;
4         15. To any person released from a term of imprisonment
5     for violating Section 9-3 of the Criminal Code of 1961 or a
6     similar provision of a law of another state relating to
7     reckless homicide or for violating subparagraph (F) of
8     paragraph (1) of subsection (d) of Section 11-501 of this
9     Code relating to aggravated driving under the influence of
10     alcohol, other drug or drugs, intoxicating compound or
11     compounds, or any combination thereof, if the violation was
12     the proximate cause of a death, within 24 months of release
13     from a term of imprisonment;
14         16. To any person who, with intent to influence any act
15     related to the issuance of any driver's license or permit,
16     by an employee of the Secretary of State's Office, or the
17     owner or employee of any commercial driver training school
18     licensed by the Secretary of State, or any other individual
19     authorized by the laws of this State to give driving
20     instructions or administer all or part of a driver's
21     license examination, promises or tenders to that person any
22     property or personal advantage which that person is not
23     authorized by law to accept. Any persons promising or
24     tendering such property or personal advantage shall be
25     disqualified from holding any class of driver's license or
26     permit for 120 consecutive days. The Secretary of State
27     shall establish by rule the procedures for implementing
28     this period of disqualification and the procedures by which
29     persons so disqualified may obtain administrative review
30     of the decision to disqualify; or
31         17. To any person for whom the Secretary of State
32     cannot verify the accuracy of any information or
33     documentation submitted in application for a driver's
34     license.
35     The Secretary of State shall retain all conviction
36 information, if the information is required to be held

 

 

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1 confidential under the Juvenile Court Act of 1987.
2 (Source: P.A. 93-174, eff. 1-1-04; 93-712, eff. 1-1-05; 93-783,
3 eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, eff. 1-1-05; 94-556,
4 eff. 9-11-05.)
 
5     (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)
6     Sec. 6-107. Graduated license.
7     (a) The purpose of the Graduated Licensing Program is to
8 develop safe and mature driving habits in young, inexperienced
9 drivers and reduce or prevent motor vehicle accidents,
10 fatalities, and injuries by:
11         (1) providing for an increase in the time of practice
12     period before granting permission to obtain a driver's
13     license;
14         (2) strengthening driver licensing and testing
15     standards for persons under the age of 21 years;
16         (3) sanctioning driving privileges of drivers under
17     age 21 who have committed serious traffic violations or
18     other specified offenses; and
19         (4) setting stricter standards to promote the public's
20     health and safety.
21     (b) The application of any person under the age of 18
22 years, and not legally emancipated by marriage, for a drivers
23 license or permit to operate a motor vehicle issued under the
24 laws of this State, shall be accompanied by the written consent
25 of either parent of the applicant; otherwise by the guardian
26 having custody of the applicant, or in the event there is no
27 parent or guardian, then by another responsible adult.
28     No graduated driver's license shall be issued to any
29 applicant under 18 years of age. , unless the applicant is at
30 least 16 years of age and has:
31         (1) Held a valid instruction permit for a minimum of 3
32     months.
33         (2) Passed an approved driver education course and
34     submits proof of having passed the course as may be
35     required.

 

 

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1         (3) certification by the parent, legal guardian, or
2     responsible adult that the applicant has had a minimum of
3     25 hours of behind-the-wheel practice time and is
4     sufficiently prepared and able to safely operate a motor
5     vehicle.
6     (c) No graduated driver's license or permit shall be issued
7 to any applicant under 18 years of age who has committed the
8 offense of operating a motor vehicle without a valid license or
9 permit in violation of Section 6-101 of this Code and no
10 graduated driver's license or permit shall be issued to any
11 applicant under 18 years of age who has committed an offense
12 that would otherwise result in a mandatory revocation of a
13 license or permit as provided in Section 6-205 of this Code or
14 who has been either convicted of or adjudicated a delinquent
15 based upon a violation of the Cannabis Control Act, the
16 Illinois Controlled Substances Act, or the Methamphetamine
17 Control and Community Protection Act while that individual was
18 in actual physical control of a motor vehicle. For purposes of
19 this Section, any person placed on probation under Section 10
20 of the Cannabis Control Act, Section 410 of the Illinois
21 Controlled Substances Act, or Section 70 of the Methamphetamine
22 Control and Community Protection Act shall not be considered
23 convicted. Any person found guilty of this offense, while in
24 actual physical control of a motor vehicle, shall have an entry
25 made in the court record by the judge that this offense did
26 occur while the person was in actual physical control of a
27 motor vehicle and order the clerk of the court to report the
28 violation to the Secretary of State as such.
29     (d) (Blank). No graduated driver's license shall be issued
30 for 6 months to any applicant under the age of 18 years who has
31 been convicted of any offense defined as a serious traffic
32 violation in this Code or a similar provision of a local
33 ordinance.
34     (e) (Blank). No graduated driver's license holder under the
35 age of 18 years shall operate any motor vehicle, except a motor
36 driven cycle or motorcycle, with more than one passenger in the

 

 

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1 front seat of the motor vehicle and no more passengers in the
2 back seats than the number of available seat safety belts as
3 set forth in Section 12-603 of this Code.
4     (f) (Blank). No graduated driver's license holder under the
5 age of 18 shall operate a motor vehicle unless each driver and
6 passenger under the age of 19 is wearing a properly adjusted
7 and fastened seat safety belt and each child under the age of 8
8 is protected as required under the Child Passenger Protection
9 Act.
10     (g) (Blank). If a graduated driver's license holder is
11 under the age of 18 when he or she receives the license, for
12 the first 6 months he or she holds the license or until he or
13 she reaches the age of 18, whichever occurs sooner, the
14 graduated license holder may not operate a motor vehicle with
15 more than one passenger in the vehicle who is under the age of
16 20, unless any additional passenger or passengers are siblings,
17 step-siblings, children, or stepchildren of the driver.
18 (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239,
19 eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; revised
20 8-19-05.)
 
21     (625 ILCS 5/6-107.1)
22     Sec. 6-107.1. Instruction permit for a minor.
23     (a) The Secretary of State, upon receiving proper
24 application and payment of the required fee, may issue an
25 instruction permit to any person under the age of 18 years who
26 is not ineligible for a license under paragraphs 1, 3, 4, 5, 7,
27 or 8 of Section 6-103, after the applicant has successfully
28 passed such examination as the Secretary of State in his
29 discretion may prescribe.
30         (1) An instruction permit issued under this Section
31     shall be valid for a period of 24 months after the date of
32     its issuance and shall be restricted, by the Secretary of
33     State, to the operation of a motor vehicle by the minor
34     only when accompanied by the adult instructor of a driver
35     education program during enrollment in the program or when

 

 

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1     practicing with a parent, legal guardian, family member, or
2     a person in loco parentis who is 21 years of age or more,
3     has a license classification to operate such vehicle and at
4     least one year of driving experience, and who is occupying
5     a seat beside the driver.
6         (2) A 24 month instruction permit for a motor driven
7     cycle may be issued to a person 16 or 17 years of age and
8     entitles the holder to drive upon the highways during
9     daylight under direct supervision of a licensed motor
10     driven cycle operator or motorcycle operator 21 years of
11     age or older who has a license classification to operate
12     such motor driven cycle or motorcycle and at least one year
13     of driving experience.
14         (3) A 24 month instruction permit for a motorcycle
15     other than a motor driven cycle may be issued to a person
16     16 or 17 years of age in accordance with the provisions of
17     paragraph 2 of Section 6-103 and entitles a holder to drive
18     upon the highways during daylight under the direct
19     supervision of a licensed motorcycle operator 21 years of
20     age or older who has at least one year of driving
21     experience.
22     (b) (Blank). An instruction permit issued under this
23 Section when issued to a person under the age of 17 years
24 shall, as a matter of law, be invalid for the operation of any
25 motor vehicle during the same time the child is prohibited from
26 being on any street or highway under the provisions of the
27 Child Curfew Act.
28     (c) Any person under the age of 18 16 years who possesses
29 an instruction permit and whose driving privileges have been
30 suspended or revoked under the provisions of this Code shall
31 not be granted a Family Financial Responsibility Driving Permit
32 or a Restricted Driving Permit.
33 (Source: P.A. 90-369, eff. 1-1-98.)
 
34     (625 ILCS 5/6-107.4 new)
35     Sec. 6-107.4. Effect of increases in the driving age. The

 

 

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1 increases in the driving age under this amendatory Act of the
2 94th General Assembly do not invalidate any license or permit
3 that was issued to a person under 18 years of age before the
4 effective date of this amendatory Act of the 94th General
5 Assembly in accordance with the law this was in effect at the
6 time the license or permit was issued, if the person complies,
7 until his or her 18th birthday, with all requirements that
8 applied to drivers under 18 years of age that were in effect
9 immediately before the effective date of this amendatory Act of
10 the 94th General Assembly.
 
11     (625 ILCS 5/6-205)  (from Ch. 95 1/2, par. 6-205)
12     Sec. 6-205. Mandatory revocation of license or permit;
13 Hardship cases.
14     (a) Except as provided in this Section, the Secretary of
15 State shall immediately revoke the license, permit, or driving
16 privileges of any driver upon receiving a report of the
17 driver's conviction of any of the following offenses:
18         1. Reckless homicide resulting from the operation of a
19     motor vehicle;
20         2. Violation of Section 11-501 of this Code or a
21     similar provision of a local ordinance relating to the
22     offense of operating or being in physical control of a
23     vehicle while under the influence of alcohol, other drug or
24     drugs, intoxicating compound or compounds, or any
25     combination thereof;
26         3. Any felony under the laws of any State or the
27     federal government in the commission of which a motor
28     vehicle was used;
29         4. Violation of Section 11-401 of this Code relating to
30     the offense of leaving the scene of a traffic accident
31     involving death or personal injury;
32         5. Perjury or the making of a false affidavit or
33     statement under oath to the Secretary of State under this
34     Code or under any other law relating to the ownership or
35     operation of motor vehicles;

 

 

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1         6. Conviction upon 3 charges of violation of Section
2     11-503 of this Code relating to the offense of reckless
3     driving committed within a period of 12 months;
4         7. Conviction of any offense defined in Section 4-102
5     of this Code;
6         8. Violation of Section 11-504 of this Code relating to
7     the offense of drag racing;
8         9. Violation of Chapters 8 and 9 of this Code;
9         10. Violation of Section 12-5 of the Criminal Code of
10     1961 arising from the use of a motor vehicle;
11         11. Violation of Section 11-204.1 of this Code relating
12     to aggravated fleeing or attempting to elude a peace
13     officer;
14         12. Violation of paragraph (1) of subsection (b) of
15     Section 6-507, or a similar law of any other state,
16     relating to the unlawful operation of a commercial motor
17     vehicle;
18         13. Violation of paragraph (a) of Section 11-502 of
19     this Code or a similar provision of a local ordinance if
20     the driver has been previously convicted of a violation of
21     that Section or a similar provision of a local ordinance
22     and the driver was less than 21 years of age at the time of
23     the offense.
24     (b) The Secretary of State shall also immediately revoke
25 the license or permit of any driver in the following
26 situations:
27         1. Of any minor upon receiving the notice provided for
28     in Section 5-901 of the Juvenile Court Act of 1987 that the
29     minor has been adjudicated under that Act as having
30     committed an offense relating to motor vehicles prescribed
31     in Section 4-103 of this Code;
32         2. Of any person when any other law of this State
33     requires either the revocation or suspension of a license
34     or permit.
35     (c) Whenever a person is convicted of any of the offenses
36 enumerated in this Section, the court may recommend and the

 

 

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1 Secretary of State in his discretion, without regard to whether
2 the recommendation is made by the court may, upon application,
3 issue to the person a restricted driving permit granting the
4 privilege of driving a motor vehicle between the petitioner's
5 residence and petitioner's place of employment or within the
6 scope of the petitioner's employment related duties, or to
7 allow transportation for the petitioner or a household member
8 of the petitioner's family for the receipt of necessary medical
9 care or, if the professional evaluation indicates, provide
10 transportation for the petitioner for alcohol remedial or
11 rehabilitative activity, or for the petitioner to attend
12 classes, as a student, in an accredited educational
13 institution; if the petitioner is able to demonstrate that no
14 alternative means of transportation is reasonably available
15 and the petitioner will not endanger the public safety or
16 welfare; provided that the Secretary's discretion shall be
17 limited to cases where undue hardship would result from a
18 failure to issue the restricted driving permit.
19     If a person's license or permit has been revoked or
20 suspended due to 2 or more convictions of violating Section
21 11-501 of this Code or a similar provision of a local ordinance
22 or a similar out-of-state offense, arising out of separate
23 occurrences, that person, if issued a restricted driving
24 permit, may not operate a vehicle unless it has been equipped
25 with an ignition interlock device as defined in Section
26 1-129.1.
27     If a person's license or permit has been revoked or
28 suspended 2 or more times within a 10 year period due to a
29 single conviction of violating Section 11-501 of this Code or a
30 similar provision of a local ordinance or a similar
31 out-of-state offense, and a statutory summary suspension under
32 Section 11-501.1, or 2 or more statutory summary suspensions,
33 or combination of 2 offenses, or of an offense and a statutory
34 summary suspension, arising out of separate occurrences, that
35 person, if issued a restricted driving permit, may not operate
36 a vehicle unless it has been equipped with an ignition

 

 

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1 interlock device as defined in Section 1-129.1. The person must
2 pay to the Secretary of State DUI Administration Fund an amount
3 not to exceed $20 per month. The Secretary shall establish by
4 rule the amount and the procedures, terms, and conditions
5 relating to these fees. If the restricted driving permit was
6 issued for employment purposes, then this provision does not
7 apply to the operation of an occupational vehicle owned or
8 leased by that person's employer. In each case the Secretary of
9 State may issue a restricted driving permit for a period he
10 deems appropriate, except that the permit shall expire within
11 one year from the date of issuance. The Secretary may not,
12 however, issue a restricted driving permit to any person whose
13 current revocation is the result of a second or subsequent
14 conviction for a violation of Section 11-501 of this Code or a
15 similar provision of a local ordinance relating to the offense
16 of operating or being in physical control of a motor vehicle
17 while under the influence of alcohol, other drug or drugs,
18 intoxicating compound or compounds, or any similar
19 out-of-state offense, or any combination thereof, until the
20 expiration of at least one year from the date of the
21 revocation. A restricted driving permit issued under this
22 Section shall be subject to cancellation, revocation, and
23 suspension by the Secretary of State in like manner and for
24 like cause as a driver's license issued under this Code may be
25 cancelled, revoked, or suspended; except that a conviction upon
26 one or more offenses against laws or ordinances regulating the
27 movement of traffic shall be deemed sufficient cause for the
28 revocation, suspension, or cancellation of a restricted
29 driving permit. The Secretary of State may, as a condition to
30 the issuance of a restricted driving permit, require the
31 applicant to participate in a designated driver remedial or
32 rehabilitative program. The Secretary of State is authorized to
33 cancel a restricted driving permit if the permit holder does
34 not successfully complete the program. However, if an
35 individual's driving privileges have been revoked in
36 accordance with paragraph 13 of subsection (a) of this Section,

 

 

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1 no restricted driving permit shall be issued until the
2 individual has served 6 months of the revocation period.
3     (d) Whenever a person under the age of 21 is convicted
4 under Section 11-501 of this Code or a similar provision of a
5 local ordinance, the Secretary of State shall revoke the
6 driving privileges of that person. One year after the date of
7 revocation, and upon application, the Secretary of State may,
8 if satisfied that the person applying will not endanger the
9 public safety or welfare, issue a restricted driving permit
10 granting the privilege of driving a motor vehicle only between
11 the hours of 5 a.m. and 9 p.m. or as otherwise provided by this
12 Section for a period of one year. After this one year period,
13 and upon reapplication for a license as provided in Section
14 6-106, upon payment of the appropriate reinstatement fee
15 provided under paragraph (b) of Section 6-118, the Secretary of
16 State, in his discretion, may issue the applicant a license, or
17 extend the restricted driving permit as many times as the
18 Secretary of State deems appropriate, by additional periods of
19 not more than 12 months each, until the applicant attains 21
20 years of age.
21     If a person's license or permit has been revoked or
22 suspended due to 2 or more convictions of violating Section
23 11-501 of this Code or a similar provision of a local ordinance
24 or a similar out-of-state offense, arising out of separate
25 occurrences, that person, if issued a restricted driving
26 permit, may not operate a vehicle unless it has been equipped
27 with an ignition interlock device as defined in Section
28 1-129.1.
29     If a person's license or permit has been revoked or
30 suspended 2 or more times within a 10 year period due to a
31 single conviction of violating Section 11-501 of this Code or a
32 similar provision of a local ordinance or a similar
33 out-of-state offense, and a statutory summary suspension under
34 Section 11-501.1, or 2 or more statutory summary suspensions,
35 or combination of 2 offenses, or of an offense and a statutory
36 summary suspension, arising out of separate occurrences, that

 

 

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1 person, if issued a restricted driving permit, may not operate
2 a vehicle unless it has been equipped with an ignition
3 interlock device as defined in Section 1-129.1. The person must
4 pay to the Secretary of State DUI Administration Fund an amount
5 not to exceed $20 per month. The Secretary shall establish by
6 rule the amount and the procedures, terms, and conditions
7 relating to these fees. If the restricted driving permit was
8 issued for employment purposes, then this provision does not
9 apply to the operation of an occupational vehicle owned or
10 leased by that person's employer. A restricted driving permit
11 issued under this Section shall be subject to cancellation,
12 revocation, and suspension by the Secretary of State in like
13 manner and for like cause as a driver's license issued under
14 this Code may be cancelled, revoked, or suspended; except that
15 a conviction upon one or more offenses against laws or
16 ordinances regulating the movement of traffic shall be deemed
17 sufficient cause for the revocation, suspension, or
18 cancellation of a restricted driving permit. The revocation
19 periods contained in this subparagraph shall apply to similar
20 out-of-state convictions.
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.
27     (g) The Secretary of State shall not issue a restricted
28 driving permit to a person under the age of 18 years 16 years
29 whose driving privileges have been revoked under any provisions
30 of this Code.
31     (h) The Secretary of State shall require the use of
32 ignition interlock devices on all vehicles owned by an
33 individual who has been convicted of a second or subsequent
34 offense under Section 11-501 of this Code or a similar
35 provision of a local ordinance. The Secretary shall establish
36 by rule and regulation the procedures for certification and use

 

 

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1 of the interlock system.
2     (i) The Secretary of State may not issue a restricted
3 driving permit for a period of one year after a second or
4 subsequent revocation of driving privileges under clause
5 (a)(2) of this Section; however, one year after the date of a
6 second or subsequent revocation of driving privileges under
7 clause (a)(2) of this Section, the Secretary of State may, upon
8 application, issue a restricted driving permit under the terms
9 and conditions of subsection (c).
10     (j) In accordance with 49 C.F.R. 384, the Secretary of
11 State may not issue a restricted driving permit for the
12 operation of a commercial motor vehicle to a person holding a
13 CDL whose driving privileges have been revoked under any
14 provisions of this Code.
15 (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
 
16     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
17     Sec. 6-206. Discretionary authority to suspend or revoke
18 license or permit; Right to a hearing.
19     (a) The Secretary of State is authorized to suspend or
20 revoke the driving privileges of any person without preliminary
21 hearing upon a showing of the person's records or other
22 sufficient evidence that the person:
23         1. Has committed an offense for which mandatory
24     revocation of a driver's license or permit is required upon
25     conviction;
26         2. Has been convicted of not less than 3 offenses
27     against traffic regulations governing the movement of
28     vehicles committed within any 12 month period. No
29     revocation or suspension shall be entered more than 6
30     months after the date of last conviction;
31         3. Has been repeatedly involved as a driver in motor
32     vehicle collisions or has been repeatedly convicted of
33     offenses against laws and ordinances regulating the
34     movement of traffic, to a degree that indicates lack of
35     ability to exercise ordinary and reasonable care in the

 

 

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1     safe operation of a motor vehicle or disrespect for the
2     traffic laws and the safety of other persons upon the
3     highway;
4         4. Has by the unlawful operation of a motor vehicle
5     caused or contributed to an accident resulting in death or
6     injury requiring immediate professional treatment in a
7     medical facility or doctor's office to any person, except
8     that any suspension or revocation imposed by the Secretary
9     of State under the provisions of this subsection shall
10     start no later than 6 months after being convicted of
11     violating a law or ordinance regulating the movement of
12     traffic, which violation is related to the accident, or
13     shall start not more than one year after the date of the
14     accident, whichever date occurs later;
15         5. Has permitted an unlawful or fraudulent use of a
16     driver's license, identification card, or permit;
17         6. Has been lawfully convicted of an offense or
18     offenses in another state, including the authorization
19     contained in Section 6-203.1, which if committed within
20     this State would be grounds for suspension or revocation;
21         7. Has refused or failed to submit to an examination
22     provided for by Section 6-207 or has failed to pass the
23     examination;
24         8. Is ineligible for a driver's license or permit under
25     the provisions of Section 6-103;
26         9. Has made a false statement or knowingly concealed a
27     material fact or has used false information or
28     identification in any application for a license,
29     identification card, or permit;
30         10. Has possessed, displayed, or attempted to
31     fraudulently use any license, identification card, or
32     permit not issued to the person;
33         11. Has operated a motor vehicle upon a highway of this
34     State when the person's driving privilege or privilege to
35     obtain a driver's license or permit was revoked or
36     suspended unless the operation was authorized by a judicial

 

 

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1     driving permit, probationary license to drive, or a
2     restricted driving permit issued under this Code;
3         12. Has submitted to any portion of the application
4     process for another person or has obtained the services of
5     another person to submit to any portion of the application
6     process for the purpose of obtaining a license,
7     identification card, or permit for some other person;
8         13. Has operated a motor vehicle upon a highway of this
9     State when the person's driver's license or permit was
10     invalid under the provisions of Sections 6-107.1 and 6-110;
11         14. Has committed a violation of Section 6-301,
12     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
13     of the Illinois Identification Card Act;
14         15. Has been convicted of violating Section 21-2 of the
15     Criminal Code of 1961 relating to criminal trespass to
16     vehicles in which case, the suspension shall be for one
17     year;
18         16. Has been convicted of violating Section 11-204 of
19     this Code relating to fleeing from a peace officer;
20         17. Has refused to submit to a test, or tests, as
21     required under Section 11-501.1 of this Code and the person
22     has not sought a hearing as provided for in Section
23     11-501.1;
24         18. Has, since issuance of a driver's license or
25     permit, been adjudged to be afflicted with or suffering
26     from any mental disability or disease;
27         19. Has committed a violation of paragraph (a) or (b)
28     of Section 6-101 relating to driving without a driver's
29     license;
30         20. Has been convicted of violating Section 6-104
31     relating to classification of driver's license;
32         21. Has been convicted of violating Section 11-402 of
33     this Code relating to leaving the scene of an accident
34     resulting in damage to a vehicle in excess of $1,000, in
35     which case the suspension shall be for one year;
36         22. Has used a motor vehicle in violating paragraph

 

 

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1     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
2     the Criminal Code of 1961 relating to unlawful use of
3     weapons, in which case the suspension shall be for one
4     year;
5         23. Has, as a driver, been convicted of committing a
6     violation of paragraph (a) of Section 11-502 of this Code
7     for a second or subsequent time within one year of a
8     similar violation;
9         24. Has been convicted by a court-martial or punished
10     by non-judicial punishment by military authorities of the
11     United States at a military installation in Illinois of or
12     for a traffic related offense that is the same as or
13     similar to an offense specified under Section 6-205 or
14     6-206 of this Code;
15         25. Has permitted any form of identification to be used
16     by another in the application process in order to obtain or
17     attempt to obtain a license, identification card, or
18     permit;
19         26. Has altered or attempted to alter a license or has
20     possessed an altered license, identification card, or
21     permit;
22         27. Has violated Section 6-16 of the Liquor Control Act
23     of 1934;
24         28. Has been convicted of the illegal possession, while
25     operating or in actual physical control, as a driver, of a
26     motor vehicle, of any controlled substance prohibited
27     under the Illinois Controlled Substances Act, any cannabis
28     prohibited under the Cannabis Control Act, or any
29     methamphetamine prohibited under the Methamphetamine
30     Control and Community Protection Act, in which case the
31     person's driving privileges shall be suspended for one
32     year, and any driver who is convicted of a second or
33     subsequent offense, within 5 years of a previous
34     conviction, for the illegal possession, while operating or
35     in actual physical control, as a driver, of a motor
36     vehicle, of any controlled substance prohibited under the

 

 

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1     Illinois Controlled Substances Act, any cannabis
2     prohibited under the Cannabis Control Act, or any
3     methamphetamine prohibited under the Methamphetamine
4     Control and Community Protection Act shall be suspended for
5     5 years. Any defendant found guilty of this offense while
6     operating a motor vehicle, shall have an entry made in the
7     court record by the presiding judge that this offense did
8     occur while the defendant was operating a motor vehicle and
9     order the clerk of the court to report the violation to the
10     Secretary of State;
11         29. Has been convicted of the following offenses that
12     were committed while the person was operating or in actual
13     physical control, as a driver, of a motor vehicle: criminal
14     sexual assault, predatory criminal sexual assault of a
15     child, aggravated criminal sexual assault, criminal sexual
16     abuse, aggravated criminal sexual abuse, juvenile pimping,
17     soliciting for a juvenile prostitute and the manufacture,
18     sale or delivery of controlled substances or instruments
19     used for illegal drug use or abuse in which case the
20     driver's driving privileges shall be suspended for one
21     year;
22         30. Has been convicted a second or subsequent time for
23     any combination of the offenses named in paragraph 29 of
24     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 an
28     alcohol concentration of 0.08 or more or any amount of a
29     drug, substance, or compound resulting from the unlawful
30     use or consumption of cannabis as listed in the Cannabis
31     Control Act, a controlled substance as listed in the
32     Illinois Controlled Substances Act, or an intoxicating
33     compound as listed in the Use of Intoxicating Compounds
34     Act, in which case the penalty shall be as prescribed in
35     Section 6-208.1;
36         32. Has been convicted of Section 24-1.2 of the

 

 

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1     Criminal Code of 1961 relating to the aggravated discharge
2     of a firearm if the offender was located in a motor vehicle
3     at the time the firearm was discharged, in which case the
4     suspension shall be for 3 years;
5         33. Has as a driver, who was less than 21 years of age
6     on the date of the offense, been convicted a first time of
7     a violation of paragraph (a) of Section 11-502 of this Code
8     or a similar provision of a local ordinance;
9         34. Has committed a violation of Section 11-1301.5 of
10     this Code;
11         35. Has committed a violation of Section 11-1301.6 of
12     this Code;
13         36. Is under the age of 21 years at the time of arrest
14     and has been convicted of not less than 2 offenses against
15     traffic regulations governing the movement of vehicles
16     committed within any 24 month period. No revocation or
17     suspension shall be entered more than 6 months after the
18     date of last conviction;
19         37. Has committed a violation of subsection (c) of
20     Section 11-907 of this Code;
21         38. Has been convicted of a violation of Section 6-20
22     of the Liquor Control Act of 1934 or a similar provision of
23     a local ordinance;
24         39. Has committed a second or subsequent violation of
25     Section 11-1201 of this Code;
26         40. Has committed a violation of subsection (a-1) of
27     Section 11-908 of this Code; or
28         41. Has committed a second or subsequent violation of
29     Section 11-605.1 of this Code within 2 years of the date of
30     the previous violation, in which case the suspension shall
31     be for 90 days.
32     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
33 and 27 of this subsection, license means any driver's license,
34 any traffic ticket issued when the person's driver's license is
35 deposited in lieu of bail, a suspension notice issued by the
36 Secretary of State, a duplicate or corrected driver's license,

 

 

HB4768 - 21 - LRB094 17603 DRH 52901 b

1 a probationary driver's license or a temporary driver's
2 license.
3     (b) If any conviction forming the basis of a suspension or
4 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, provided
7 that a certified copy of a stay order of a court is filed with
8 the Secretary of State. If the conviction is affirmed on
9 appeal, the date of the conviction shall relate back to the
10 time the original judgment of conviction was entered and the 6
11 month limitation prescribed shall not apply.
12      (c) 1. Upon suspending or revoking the driver's license or
13     permit of any person as authorized in this Section, the
14     Secretary of State shall immediately notify the person in
15     writing of the revocation or suspension. The notice to be
16     deposited in the United States mail, postage prepaid, to
17     the last known address of the person.
18         2. If the Secretary of State suspends the driver's
19     license of a person under subsection 2 of paragraph (a) of
20     this Section, a person's privilege to operate a vehicle as
21     an occupation shall not be suspended, provided an affidavit
22     is properly completed, the appropriate fee received, and a
23     permit issued prior to the effective date of the
24     suspension, unless 5 offenses were committed, at least 2 of
25     which occurred while operating a commercial vehicle in
26     connection with the driver's regular occupation. All other
27     driving privileges shall be suspended by the Secretary of
28     State. Any driver prior to operating a vehicle for
29     occupational purposes only must submit the affidavit on
30     forms to be provided by the Secretary of State setting
31     forth the facts of the person's occupation. The affidavit
32     shall also state the number of offenses committed while
33     operating a vehicle in connection with the driver's regular
34     occupation. The affidavit shall be accompanied by the
35     driver's license. Upon receipt of a properly completed
36     affidavit, the Secretary of State shall issue the driver a

 

 

HB4768 - 22 - LRB094 17603 DRH 52901 b

1     permit to operate a vehicle in connection with the driver's
2     regular occupation only. Unless the permit is issued by the
3     Secretary of State prior to the date of suspension, the
4     privilege to drive any motor vehicle shall be suspended as
5     set forth in the notice that was mailed under this Section.
6     If an affidavit is received subsequent to the effective
7     date of this suspension, a permit may be issued for the
8     remainder of the suspension period.
9         The provisions of this subparagraph shall not apply to
10     any driver required to possess a CDL for the purpose of
11     operating a commercial motor vehicle.
12         Any person who falsely states any fact in the affidavit
13     required herein shall be guilty of perjury under Section
14     6-302 and upon conviction thereof shall have all driving
15     privileges revoked without further rights.
16         3. At the conclusion of a hearing under Section 2-118
17     of this Code, the Secretary of State shall either rescind
18     or continue an order of revocation or shall substitute an
19     order of suspension; or, good cause appearing therefor,
20     rescind, continue, change, or extend the order of
21     suspension. If the Secretary of State does not rescind the
22     order, the Secretary may upon application, to relieve undue
23     hardship, 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 his employment related
27     duties, or to allow transportation for the petitioner, or a
28     household member of the petitioner's family, to receive
29     necessary medical care and if the professional evaluation
30     indicates, provide transportation for alcohol remedial or
31     rehabilitative activity, or for the petitioner to attend
32     classes, as a student, in an accredited educational
33     institution; if the petitioner is able to demonstrate that
34     no alternative means of transportation is reasonably
35     available and the petitioner will not endanger the public
36     safety or welfare.

 

 

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1         If a person's license or permit has been revoked or
2     suspended due to 2 or more convictions of violating Section
3     11-501 of this Code or a similar provision of a local
4     ordinance or a similar out-of-state offense, arising out of
5     separate occurrences, that person, if issued a restricted
6     driving permit, may not operate a vehicle unless it has
7     been equipped with an ignition interlock device as defined
8     in Section 1-129.1.
9         If a person's license or permit has been revoked or
10     suspended 2 or more times within a 10 year period due to a
11     single conviction of violating Section 11-501 of this Code
12     or a similar provision of a local ordinance or a similar
13     out-of-state offense, and a statutory summary suspension
14     under Section 11-501.1, or 2 or more statutory summary
15     suspensions, or combination of 2 offenses, or of an offense
16     and a statutory summary suspension, arising out of separate
17     occurrences, that person, if issued a restricted driving
18     permit, may not operate a vehicle unless it has been
19     equipped with an ignition interlock device as defined in
20     Section 1-129.1. The person must pay to the Secretary of
21     State DUI Administration Fund an amount not to exceed $20
22     per month. The Secretary shall establish by rule the amount
23     and the procedures, terms, and conditions relating to these
24     fees. If the restricted driving permit was issued for
25     employment purposes, then this provision does not apply to
26     the operation of an occupational vehicle owned or leased by
27     that person's employer. In each case the Secretary may
28     issue a restricted driving permit for a period deemed
29     appropriate, except that all permits shall expire within
30     one year from the date of issuance. The Secretary may not,
31     however, issue a restricted driving permit to any person
32     whose current revocation is the result of a second or
33     subsequent conviction for a violation of Section 11-501 of
34     this Code or a similar provision of a local ordinance
35     relating to the offense of operating or being in physical
36     control of a motor vehicle while under the influence of

 

 

HB4768 - 24 - LRB094 17603 DRH 52901 b

1     alcohol, other drug or drugs, intoxicating compound or
2     compounds, or any similar out-of-state offense, or any
3     combination of those offenses, until the expiration of at
4     least one year from the date of the revocation. A
5     restricted driving permit issued under this Section shall
6     be subject to cancellation, revocation, and suspension by
7     the Secretary of State in like manner and for like cause as
8     a driver's license issued under this Code may be cancelled,
9     revoked, or suspended; except that a conviction upon one or
10     more offenses against laws or ordinances regulating the
11     movement of traffic shall be deemed sufficient cause for
12     the revocation, suspension, or cancellation of a
13     restricted driving permit. The Secretary of State may, as a
14     condition to the issuance of a restricted driving permit,
15     require the applicant to participate in a designated driver
16     remedial or rehabilitative program. The Secretary of State
17     is authorized to cancel a restricted driving permit if the
18     permit holder does not successfully complete the program.
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
27 Drivers License Compact.
28     (e) The Secretary of State shall not issue a restricted
29 driving permit to a person under the age of 18 years 16 years
30 whose driving privileges have been suspended or revoked under
31 any provisions of this Code.
32     (f) In accordance with 49 C.F.R. 384, the Secretary of
33 State may not issue a restricted driving permit for the
34 operation of a commercial motor vehicle to a person holding a
35 CDL whose driving privileges have been revoked under any
36 provisions of this Code.

 

 

HB4768 - 25 - LRB094 17603 DRH 52901 b

1 (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04;
2 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff.
3 9-30-05; 94-556, eff. 9-11-05; revised 8-19-05.)
 
4     (625 ILCS 5/7-702.1)
5     Sec. 7-702.1. Family financial responsibility driving
6 permits. Following the entry of an order that an obligor has
7 been found in contempt by the court for failure to pay court
8 ordered child support payments or upon a motion by the obligor
9 who is subject to having his or her driver's license suspended
10 pursuant to subsection (b) of Section 7-703, the court may
11 enter an order directing the Secretary of State to issue a
12 family financial responsibility driving permit for the purpose
13 of providing the obligor the privilege of operating a motor
14 vehicle between the obligor's residence and place of
15 employment, or within the scope of employment related duties;
16 or for the purpose of providing transportation for the obligor
17 or a household member to receive alcohol treatment, other drug
18 treatment, or medical care. The court may enter an order
19 directing the issuance of a permit only if the obligor has
20 proven to the satisfaction of the court that no alternative
21 means of transportation are reasonably available for the above
22 stated purposes. No permit shall be issued to a person under
23 the age of 18 years 16 years who possesses an instruction
24 permit. In accordance with 49 C.F.R. Part 384, the Secretary of
25 State may not issue a family financial responsibility driving
26 permit to any person for the operation of a commercial motor
27 vehicle if the person's driving privileges have been suspended
28 under any provisions of this Code.
29     Upon entry of an order granting the issuance of a permit to
30 an obligor, the court shall report this finding to the
31 Secretary of State on a form prescribed by the Secretary. This
32 form shall state whether the permit has been granted for
33 employment or medical purposes and the specific days and hours
34 for which limited driving privileges have been granted.
35     The family financial responsibility driving permit shall

 

 

HB4768 - 26 - LRB094 17603 DRH 52901 b

1 be subject to cancellation, invalidation, suspension, and
2 revocation by the Secretary of State in the same manner and for
3 the same reasons as a driver's license may be cancelled,
4 invalidated, suspended, or revoked.
5     The Secretary of State shall, upon receipt of a certified
6 court order from the court of jurisdiction, issue a family
7 financial responsibility driving permit. In order for this
8 permit to be issued, an individual's driving privileges must be
9 valid except for the family financial responsibility
10 suspension. This permit shall be valid only for employment and
11 medical purposes as set forth above. The permit shall state the
12 days and hours for which limited driving privileges have been
13 granted.
14     Any submitted court order that contains insufficient data
15 or fails to comply with any provision of this Code shall not be
16 used for issuance of the permit or entered to the individual's
17 driving record but shall be returned to the court of
18 jurisdiction indicating why the permit cannot be issued at that
19 time. The Secretary of State shall also send notice of the
20 return of the court order to the individual requesting the
21 permit.
22 (Source: P.A. 94-307, eff. 9-30-05.)