Full Text of HB3677 96th General Assembly
HB3677sam001 96TH GENERAL ASSEMBLY
|
Sen. John J. Cullerton
Filed: 4/28/2010
|
|
09600HB3677sam001 |
|
LRB096 04579 AJT 40522 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 3677
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3677 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Section 6-205 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 the Secretary | 10 |
| of State shall
immediately revoke the license, permit, or | 11 |
| driving 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 |
|
|
|
09600HB3677sam001 |
- 2 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| offense of operating or being in physical
control of a | 2 |
| vehicle while under the influence of alcohol, other drug or
| 3 |
| drugs, intoxicating compound or compounds, or any | 4 |
| combination thereof;
| 5 |
| 3. Any felony under the laws of any State or the | 6 |
| federal government
in the commission of which a motor | 7 |
| vehicle was used;
| 8 |
| 4. Violation of Section 11-401 of this Code relating to | 9 |
| the offense of
leaving the scene of a traffic accident | 10 |
| involving death or personal injury;
| 11 |
| 5. Perjury or the making of a false affidavit or | 12 |
| statement under
oath to the Secretary of State under this | 13 |
| Code or under any
other law relating to the ownership or | 14 |
| operation of motor vehicles;
| 15 |
| 6. Conviction upon 3 charges of violation of Section | 16 |
| 11-503 of this
Code relating to the offense of reckless | 17 |
| driving committed within a
period of 12 months;
| 18 |
| 7. Conviction of any offense
defined in
Section 4-102 | 19 |
| of this Code;
| 20 |
| 8. Violation of Section 11-504 of this Code relating to | 21 |
| the offense
of drag racing;
| 22 |
| 9. Violation of Chapters 8 and 9 of this Code;
| 23 |
| 10. Violation of Section 12-5 of the Criminal Code of | 24 |
| 1961 arising from
the use of a motor vehicle;
| 25 |
| 11. Violation of Section 11-204.1 of this Code relating | 26 |
| to aggravated
fleeing or attempting to elude a peace |
|
|
|
09600HB3677sam001 |
- 3 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| officer;
| 2 |
| 12. Violation of paragraph (1) of subsection (b) of | 3 |
| Section 6-507,
or a similar law of any other state, | 4 |
| relating to the
unlawful operation of a commercial motor | 5 |
| vehicle;
| 6 |
| 13. Violation of paragraph (a) of Section 11-502 of | 7 |
| this Code or a
similar provision of a local ordinance if | 8 |
| the driver has been previously
convicted of a violation of | 9 |
| that Section or a similar provision of a local
ordinance | 10 |
| and the driver was less than 21 years of age at the time of | 11 |
| the
offense;
| 12 |
| 14. Violation of paragraph (a) of Section 11-506 of | 13 |
| this Code or a similar provision of a local ordinance | 14 |
| relating to the offense of street racing;
| 15 |
| 15. A second or subsequent conviction of driving while | 16 |
| the person's driver's license, permit or privileges was | 17 |
| revoked for reckless homicide or a similar out-of-state | 18 |
| offense. | 19 |
| (b) The Secretary of State shall also immediately revoke | 20 |
| the license
or permit of any driver in the following | 21 |
| situations:
| 22 |
| 1. Of any minor upon receiving the notice provided for | 23 |
| in Section
5-901 of the Juvenile Court Act of 1987 that the | 24 |
| minor has been
adjudicated under that Act as having | 25 |
| committed an offense relating to
motor vehicles prescribed | 26 |
| in Section 4-103 of this Code;
|
|
|
|
09600HB3677sam001 |
- 4 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| 2. Of any person when any other law of this State | 2 |
| requires either the
revocation or suspension of a license | 3 |
| or permit;
| 4 |
| 3. Of any person adjudicated under the Juvenile Court | 5 |
| Act of 1987 based on an offense determined to have been | 6 |
| committed in furtherance of the criminal activities of an | 7 |
| organized gang as provided in Section 5-710 of that Act, | 8 |
| and that involved the operation or use of a motor vehicle | 9 |
| or the use of a driver's license or permit. The revocation | 10 |
| shall remain in effect for the period determined by the | 11 |
| court. Upon the direction of the court, the Secretary shall | 12 |
| issue the person a judicial driving permit, also known as a | 13 |
| JDP. The JDP shall be subject to the same terms as a JDP | 14 |
| issued under Section 6-206.1, except that the court may | 15 |
| direct that a JDP issued under this subdivision (b)(3) be | 16 |
| effective immediately.
| 17 |
| (c)(1) Except as provided in subsection (c-5), whenever a | 18 |
| person is convicted of any of the offenses enumerated in
this | 19 |
| Section, the court may recommend and the Secretary of State in | 20 |
| his
discretion, without regard to whether the recommendation is | 21 |
| made by the
court may, upon application,
issue to the person a
| 22 |
| restricted driving permit granting the privilege of driving a | 23 |
| motor
vehicle between the petitioner's residence and | 24 |
| petitioner's place
of employment or within the scope of the | 25 |
| petitioner's employment related
duties, or to allow the | 26 |
| petitioner to transport himself or herself or a family member
|
|
|
|
09600HB3677sam001 |
- 5 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| of the petitioner's household to a medical facility for the | 2 |
| receipt of necessary medical care or to allow the
petitioner to | 3 |
| transport himself or herself to and from alcohol or drug | 4 |
| remedial or rehabilitative activity recommended by a licensed | 5 |
| service provider, or to allow the
petitioner to transport | 6 |
| himself or herself or a family member of the petitioner's | 7 |
| household to classes, as a student, at an accredited | 8 |
| educational
institution, or to allow the petitioner to | 9 |
| transport children living in the petitioner's household to and | 10 |
| from daycare; if the petitioner is able to demonstrate that no | 11 |
| alternative means
of transportation is reasonably available | 12 |
| and that the petitioner will not endanger
the public safety or | 13 |
| welfare; provided that the Secretary's discretion shall be
| 14 |
| limited to cases where undue hardship, as defined by the rules | 15 |
| of the Secretary of State, would result from a failure to issue | 16 |
| the
restricted driving permit. Those multiple offenders | 17 |
| identified in subdivision (b)4 of Section 6-208 of this Code, | 18 |
| however, shall not be eligible for the issuance of a restricted | 19 |
| driving permit.
| 20 |
| (2) If a person's license or permit is revoked or | 21 |
| suspended due to 2 or
more convictions of violating Section | 22 |
| 11-501 of this Code or a similar
provision of a local | 23 |
| ordinance or a similar out-of-state offense, or Section 9-3 | 24 |
| of the Criminal Code of 1961, where the use of alcohol or | 25 |
| other drugs is recited as an element of the offense, or a | 26 |
| similar out-of-state offense, or a combination of these |
|
|
|
09600HB3677sam001 |
- 6 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| offenses, arising out
of separate occurrences, that | 2 |
| person, if issued a restricted driving permit,
may not | 3 |
| operate a vehicle unless it has been equipped with an | 4 |
| ignition
interlock device as defined in Section 1-129.1.
| 5 |
| (3) If:
| 6 |
| (A) a person's license or permit is revoked or | 7 |
| suspended 2 or more
times within a 10 year period due | 8 |
| to any combination of: | 9 |
| (i)
a single conviction of violating Section
| 10 |
| 11-501 of this Code or a similar provision of a | 11 |
| local ordinance or a similar
out-of-state offense, | 12 |
| or Section 9-3 of the Criminal Code of 1961, where | 13 |
| the use of alcohol or other drugs is recited as an | 14 |
| element of the offense, or a similar out-of-state | 15 |
| offense; or | 16 |
| (ii)
a statutory summary suspension under | 17 |
| Section
11-501.1; or | 18 |
| (iii)
a suspension pursuant to Section | 19 |
| 6-203.1;
| 20 |
| arising out of
separate occurrences; or | 21 |
| (B)
a person has been convicted of one violation of | 22 |
| Section 6-303 of this Code committed while his or her | 23 |
| driver's license, permit, or privilege was revoked | 24 |
| because of a violation of Section 9-3 of the Criminal | 25 |
| Code of 1961, relating to the offense of reckless | 26 |
| homicide where the use of alcohol or other drugs was |
|
|
|
09600HB3677sam001 |
- 7 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| recited as an element of the offense, or a similar | 2 |
| provision of a law of another state;
| 3 |
| that person, if issued a restricted
driving permit, may not | 4 |
| operate a vehicle unless it has been equipped with an
| 5 |
| ignition interlock device as defined in Section 1-129.1. | 6 |
| (4)
The person issued a permit conditioned on the use | 7 |
| of an ignition interlock device must pay to the Secretary | 8 |
| of State DUI Administration Fund an amount
not to exceed | 9 |
| $30 per month. The Secretary shall establish by rule the | 10 |
| amount
and the procedures, terms, and conditions relating | 11 |
| to these fees. | 12 |
| (5)
If the restricted driving permit is issued for | 13 |
| employment purposes, then
the prohibition against | 14 |
| operating a motor vehicle that is not equipped with an | 15 |
| ignition interlock device does not apply to the operation | 16 |
| of an occupational vehicle
owned or leased by that person's | 17 |
| employer when used solely for employment purposes. | 18 |
| (6)
In each case the Secretary of State may issue a
| 19 |
| restricted driving permit for a period he deems | 20 |
| appropriate, except that the
permit shall expire within one | 21 |
| year from the date of issuance. The Secretary
may not, | 22 |
| however, issue a restricted driving permit to any person | 23 |
| whose current
revocation is the result of a second or | 24 |
| subsequent conviction for a violation
of Section 11-501 of | 25 |
| this Code or a similar provision of a local ordinance
or | 26 |
| any similar out-of-state offense, or Section 9-3 of the |
|
|
|
09600HB3677sam001 |
- 8 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| Criminal Code of 1961, where the use of alcohol or other | 2 |
| drugs is recited as an element of the offense, or any | 3 |
| similar out-of-state offense, or any combination of these | 4 |
| offenses, until the expiration of at least one year from | 5 |
| the date of the
revocation. A restricted
driving permit | 6 |
| issued under this Section shall be
subject to cancellation, | 7 |
| revocation, and suspension by the Secretary of
State in | 8 |
| like manner and for like cause as a driver's license issued
| 9 |
| under this Code may be cancelled, revoked, or
suspended; | 10 |
| except that a conviction upon one or more offenses against | 11 |
| laws or
ordinances regulating the movement of traffic shall | 12 |
| be deemed sufficient cause
for the revocation, suspension, | 13 |
| or cancellation of a restricted driving permit.
The | 14 |
| Secretary of State may, as a condition to the issuance of a | 15 |
| restricted
driving permit, require the petitioner to | 16 |
| participate in a designated driver
remedial or | 17 |
| rehabilitative program. The Secretary of State is | 18 |
| authorized to
cancel a restricted driving permit if the | 19 |
| permit holder does not successfully
complete the program. | 20 |
| However, if an individual's driving privileges have been
| 21 |
| revoked in accordance with paragraph 13 of subsection (a) | 22 |
| of this Section, no
restricted driving permit shall be | 23 |
| issued until the individual has served 6
months of the | 24 |
| revocation period.
| 25 |
| (c-5) (Blank).
| 26 |
| (c-6) If a person is convicted of a second violation of |
|
|
|
09600HB3677sam001 |
- 9 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| operating a motor vehicle while the person's driver's license, | 2 |
| permit or privilege was revoked, where the revocation was for a | 3 |
| violation of Section 9-3 of the Criminal Code of 1961 relating | 4 |
| to the offense of reckless homicide or a similar out-of-state | 5 |
| offense, the person's driving privileges shall be revoked | 6 |
| pursuant to subdivision (a)(15) of this Section. The person may | 7 |
| not make application for a license or permit until the | 8 |
| expiration of five years from the effective date of the | 9 |
| revocation or the expiration of five years from the date of | 10 |
| release from a term of imprisonment, whichever is later. | 11 |
| (c-7) If a person is convicted of a third or subsequent | 12 |
| violation of operating a motor vehicle while the person's | 13 |
| driver's license, permit or privilege was revoked, where the | 14 |
| revocation was for a violation of Section 9-3 of the Criminal | 15 |
| Code of 1961 relating to the offense of reckless homicide or a | 16 |
| similar out-of-state offense, the person may never apply for a | 17 |
| license or permit. | 18 |
| (d)(1) Whenever a person under the age of 21 is convicted | 19 |
| under Section
11-501 of this Code or a similar provision of a | 20 |
| local ordinance or a similar out-of-state offense, the
| 21 |
| Secretary of State shall revoke the driving privileges of that | 22 |
| person. One
year after the date of revocation, and upon | 23 |
| application, the Secretary of
State may, if satisfied that the | 24 |
| person applying will not endanger the
public safety or welfare, | 25 |
| issue a restricted driving permit granting the
privilege of | 26 |
| driving a motor vehicle only between the hours of 5 a.m. and 9
|
|
|
|
09600HB3677sam001 |
- 10 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| p.m. or as otherwise provided by this Section for a period of | 2 |
| one year.
After this one year period, and upon reapplication | 3 |
| for a license as
provided in Section 6-106, upon payment of the | 4 |
| appropriate reinstatement
fee provided under paragraph (b) of | 5 |
| Section 6-118, the Secretary of State,
in his discretion, may
| 6 |
| reinstate the petitioner's driver's license and driving | 7 |
| privileges, or extend the restricted driving permit as many | 8 |
| times as the
Secretary of State deems appropriate, by | 9 |
| additional periods of not more than
12 months each.
| 10 |
| (2) If a person's license or permit is revoked or | 11 |
| suspended due to 2 or
more convictions of violating Section | 12 |
| 11-501 of this Code or a similar
provision of a local | 13 |
| ordinance or a similar out-of-state offense, or Section 9-3 | 14 |
| of the Criminal Code of 1961, where the use of alcohol or | 15 |
| other drugs is recited as an element of the offense, or a | 16 |
| similar out-of-state offense, or a combination of these | 17 |
| offenses, arising out
of separate occurrences, that | 18 |
| person, if issued a restricted driving permit,
may not | 19 |
| operate a vehicle unless it has been equipped with an | 20 |
| ignition
interlock device as defined in Section 1-129.1.
| 21 |
| (3) If a person's license or permit is revoked or | 22 |
| suspended 2 or more times
within a 10 year period due to | 23 |
| any combination of: | 24 |
| (A) a single conviction of violating Section | 25 |
| 11-501
of this
Code or a similar provision of a local | 26 |
| ordinance or a similar out-of-state
offense, or |
|
|
|
09600HB3677sam001 |
- 11 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| Section 9-3 of the Criminal Code of 1961, where the use | 2 |
| of alcohol or other drugs is recited as an element of | 3 |
| the offense, or a similar out-of-state offense; or | 4 |
| (B)
a statutory summary suspension under Section | 5 |
| 11-501.1; or | 6 |
| (C) a suspension pursuant to Section 6-203.1; | 7 |
| arising out of separate occurrences, that person, if issued | 8 |
| a
restricted
driving permit, may not operate a vehicle | 9 |
| unless it has been equipped with an
ignition interlock | 10 |
| device as defined in Section 1-129.1. | 11 |
| (4)
The person issued a permit conditioned upon the use | 12 |
| of an interlock device must pay to the Secretary of State | 13 |
| DUI Administration Fund an amount
not to exceed $30 per | 14 |
| month. The Secretary shall establish by rule the amount
and | 15 |
| the procedures, terms, and conditions relating to these | 16 |
| fees. | 17 |
| (5)
If the restricted driving permit is issued for | 18 |
| employment purposes, then
the prohibition against driving | 19 |
| a vehicle that is not equipped with an ignition interlock | 20 |
| device does not apply to the operation of an occupational | 21 |
| vehicle
owned or leased by that person's employer when used | 22 |
| solely for employment purposes. | 23 |
| (6) A
restricted driving permit issued under this | 24 |
| Section shall be subject to
cancellation, revocation, and | 25 |
| suspension by the Secretary of State in like
manner and for | 26 |
| like cause as a driver's license issued under this Code may |
|
|
|
09600HB3677sam001 |
- 12 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| be
cancelled, revoked, or suspended; except that a | 2 |
| conviction upon one or more
offenses against laws or | 3 |
| ordinances regulating the movement of traffic
shall be | 4 |
| deemed sufficient cause for the revocation, suspension, or
| 5 |
| cancellation of a restricted driving permit.
| 6 |
| (d-5) The revocation of the license, permit, or driving | 7 |
| privileges of a person convicted of a third or subsequent | 8 |
| violation of Section 6-303 of this Code committed while his or | 9 |
| her driver's license, permit, or privilege was revoked because | 10 |
| of a violation of Section 9-3 of the Criminal Code of 1961, | 11 |
| relating to the offense of reckless homicide, or a similar | 12 |
| provision of a law of another state, is permanent. The | 13 |
| Secretary may not, at any time, issue a license or permit to | 14 |
| that person.
| 15 |
| (e) This Section is subject to the provisions of the Driver | 16 |
| License
Compact.
| 17 |
| (f) Any revocation imposed upon any person under | 18 |
| subsections 2
and 3 of paragraph (b) that is in effect on | 19 |
| December 31, 1988 shall be
converted to a suspension for a like | 20 |
| period of time.
| 21 |
| (g) The Secretary of State shall not issue a restricted | 22 |
| driving permit to
a person under the age of 16 years whose | 23 |
| driving privileges have been revoked
under any provisions of | 24 |
| this Code.
| 25 |
| (h) The Secretary of State shall require the use of | 26 |
| ignition interlock
devices on all vehicles owned by a person |
|
|
|
09600HB3677sam001 |
- 13 - |
LRB096 04579 AJT 40522 a |
|
| 1 |
| who has been convicted of a
second or subsequent offense under | 2 |
| Section 11-501 of this Code or a similar
provision of a local | 3 |
| ordinance. The person must pay to the Secretary of State DUI | 4 |
| Administration Fund an amount not to exceed $30 for each month | 5 |
| that he or she uses the device. The Secretary shall establish | 6 |
| by rule and
regulation the procedures for certification and use | 7 |
| of the interlock
system, the amount of the fee, and the | 8 |
| procedures, terms, and conditions relating to these fees.
| 9 |
| (i) (Blank).
| 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, suspended, | 14 |
| cancelled, or disqualified under any provisions of this Code.
| 15 |
| (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | 16 |
| eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | 17 |
| eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | 18 |
| 96-607, eff. 8-24-09.)".
|
|