Full Text of SB0032 95th General Assembly
SB0032 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0032
Introduced 1/31/2007, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-106 |
from Ch. 95 1/2, par. 6-106 |
625 ILCS 5/6-107 |
from Ch. 95 1/2, par. 6-107 |
625 ILCS 5/6-107.1 |
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625 ILCS 5/6-206 |
from Ch. 95 1/2, par. 6-206 |
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Amends the Illinois Vehicle Code. Increases the requirements that must be met before a minor may be issued a graduated driver's license. Provides that a minor must hold an instruction permit for 12 consecutive (rather than for 3) months before he or she may be issued a graduated driver's license. Provides that the minor must have 150 (rather than 50) hours of driving experience, and the experience must be validated in writing by one of his or her parents, before he or she may be issued the graduated license. Provides that the new requirements do not invalidate a graduated license issued before the effective date of the amendatory Act. Provides that a person must have reached the age of 15 years in order to apply for an instruction permit. Provides that the minor may not drive at night during the first 6 months that he or she holds an instruction permit. Provides that the minor holder of an instruction permit may practice driving only when one of his or her parents, his or her legal guardian, or a person over the age of 21 years and having at least 5 years of consecutive driving experience, approved in writing by the minor's parents, is seated next to the minor. Provides that a minor who violates any of these provisions, a licensed adult who allows a minor to violate any of these provisions, or a parent, legal guardian, or approved driver who allows a minor to drive with an unapproved person is subject to a fine of $1,500 and a 3 month suspension of his or her driving privileges. Provides that if a parent or guardian falsely states the minor's driving experience, the parent is subject to the fine and the license suspension, and the minor's previous hours of driving experience will be nullified.
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A BILL FOR
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SB0032 |
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LRB095 00640 DRH 23640 b |
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| AN ACT concerning transportation, which may be referred to | 2 |
| as the Ashley Marie Waddell law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 6 |
| Sections 6-106, 6-107, 6-107.1, and 6-206 as follows: | 7 |
| (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) | 8 |
| Sec. 6-106. Application for license or instruction permit.
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| (a) Every application for any permit or license authorized | 10 |
| to be issued
under this Act shall be made upon a form furnished | 11 |
| by the Secretary of
State. Every application shall be | 12 |
| accompanied by the proper fee and payment
of such fee shall | 13 |
| entitle the applicant to not more than 3 attempts to pass
the | 14 |
| examination within a period of 1 year after the date of | 15 |
| application.
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| (b) Every application shall state the legal name, social | 17 |
| security
number, zip
code, date of birth, sex, and residence | 18 |
| address of the applicant; briefly
describe the applicant; state | 19 |
| whether the applicant has theretofore been
licensed as a | 20 |
| driver, and, if so, when and by what state or country, and
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| whether any such license has ever been cancelled, suspended, | 22 |
| revoked or
refused, and, if so, the date and reason for such | 23 |
| cancellation, suspension,
revocation or refusal; shall include |
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LRB095 00640 DRH 23640 b |
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| an affirmation by the applicant that
all information set forth | 2 |
| is true and correct; and shall bear the
applicant's signature. | 3 |
| The application form may
also require the statement of such | 4 |
| additional relevant information as the
Secretary of State shall | 5 |
| deem necessary to determine the applicant's
competency and | 6 |
| eligibility. The Secretary of State may in his discretion
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| substitute a federal tax number in lieu of a social security | 8 |
| number, or he
may instead assign an additional distinctive | 9 |
| number in lieu thereof, where
an applicant is prohibited by | 10 |
| bona fide religious convictions from applying
or is exempt from | 11 |
| applying for a social security number. The Secretary of
State | 12 |
| shall, however, determine which religious orders or sects have | 13 |
| such
bona fide religious convictions. The Secretary of State | 14 |
| may, in his
discretion, by rule or regulation, provide that an | 15 |
| application for a
drivers license or permit may include a | 16 |
| suitable photograph of the
applicant in the
form prescribed by | 17 |
| the Secretary, and he may further provide that each
drivers | 18 |
| license shall include a photograph of the driver. The Secretary | 19 |
| of
State may utilize a photograph process or system most | 20 |
| suitable to deter
alteration or improper reproduction of a | 21 |
| drivers license and to prevent
substitution of another photo | 22 |
| thereon.
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| (c) The application form shall include a notice to the | 24 |
| applicant of the
registration obligations of sex offenders | 25 |
| under the Sex Offender Registration
Act. The notice shall be | 26 |
| provided in a form and manner prescribed by the
Secretary of |
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| State. For purposes of this subsection (c), "sex offender" has
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| the meaning ascribed to it in Section 2 of the Sex Offender | 3 |
| Registration Act.
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| (d) Any male United States citizen or immigrant who applies | 5 |
| for any
permit or
license authorized to be issued under this | 6 |
| Act or for a renewal of any permit
or
license,
and who is at | 7 |
| least 18 years of age but less than 26 years of age, must be
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| registered in compliance with the requirements of the federal | 9 |
| Military
Selective
Service Act.
The Secretary of State must | 10 |
| forward in an electronic format the necessary
personal | 11 |
| information regarding the applicants identified in this | 12 |
| subsection (d)
to
the Selective Service System. The applicant's | 13 |
| signature on the application
serves
as an indication that the | 14 |
| applicant either has already registered with the
Selective
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| Service System or that he is authorizing the Secretary to | 16 |
| forward to the
Selective
Service System the necessary | 17 |
| information for registration. The Secretary must
notify the | 18 |
| applicant at the time of application that his signature | 19 |
| constitutes
consent to registration with the Selective Service | 20 |
| System, if he is not already
registered.
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| (e) The Secretary may not accept an application from an | 22 |
| applicant who has not reached the age of 15 years.
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| (Source: P.A. 92-117, eff. 1-1-02; 93-895, eff. 1-1-05.)
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| (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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| Sec. 6-107. Graduated license.
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| (a) The purpose of the Graduated
Licensing Program is to | 2 |
| develop safe and mature driving habits in young,
inexperienced | 3 |
| drivers and reduce or prevent motor vehicle accidents,
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| fatalities,
and injuries by:
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| (1) providing for an increase in the time of practice | 6 |
| period before
granting
permission to obtain a driver's | 7 |
| license;
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| (2) strengthening driver licensing and testing | 9 |
| standards for persons under
the age of 21 years;
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| (3) sanctioning driving privileges of drivers under | 11 |
| age 21 who have
committed serious traffic violations or | 12 |
| other specified offenses; and
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| (4) setting stricter standards to promote the public's | 14 |
| health and
safety.
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| (b) The application of any person under
the age of 18 | 16 |
| years, and not legally emancipated by marriage, for a drivers
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| license or permit to operate a motor vehicle issued under the | 18 |
| laws of this
State, shall be accompanied by the written consent | 19 |
| of either parent of the
applicant; otherwise by the guardian | 20 |
| having custody of the applicant, or
in the event there is no | 21 |
| parent or guardian, then by another responsible adult. The | 22 |
| written consent must accompany any application for a driver's | 23 |
| license under this subsection (b), regardless of whether or not | 24 |
| the required written consent also accompanied the person's | 25 |
| previous application for an instruction permit.
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| No graduated driver's license shall be issued to any |
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| applicant under 18
years
of age, unless the applicant is at | 2 |
| least 16 years of age and has:
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| (1) Held a valid instruction permit for a minimum of 12 | 4 |
| consecutive
3 months.
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| (2) Passed an approved driver education course
and | 6 |
| submits proof of having passed the course as may
be | 7 |
| required.
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| (3) Certification in writing by the parent, legal | 9 |
| guardian, or responsible adult that
the applicant has had a | 10 |
| minimum of 150
50 hours of behind-the-wheel practice time, | 11 |
| at least 10 hours of which have been at night,
and is | 12 |
| sufficiently prepared and able to safely operate a motor | 13 |
| vehicle.
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| If a parent, legal guardian, or responsible adult falsely | 15 |
| certifies that an applicant has met the requirements of item | 16 |
| (3) of this subsection (b), the parent, legal guardian, or | 17 |
| responsible adult shall be fined $1,500 and his or her driving | 18 |
| privileges shall be suspended for 3 months. In addition, the | 19 |
| applicant's graduated driver's license shall be cancelled, all | 20 |
| of his or her previous hours of behind-the-wheel practice time | 21 |
| shall be nullified, and he or she must reapply to be granted an | 22 |
| instruction permit.
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| (b-1) No graduated
driver's license shall be issued to any | 24 |
| applicant who is under 18 years of age
and not legally | 25 |
| emancipated by marriage, unless the applicant has graduated
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| from a secondary school of this State or any other state, is |
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| enrolled in a
course leading to a general educational | 2 |
| development (GED) certificate, has
obtained a GED certificate, | 3 |
| is enrolled in an elementary or secondary school or college or | 4 |
| university
of this State or any other state and is not a | 5 |
| chronic or habitual truant as provided in Section 26-2a of the | 6 |
| School Code, or is receiving home instruction and submits proof | 7 |
| of meeting any of those
requirements at the time of | 8 |
| application.
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| An applicant under 18 years of age who provides proof | 10 |
| acceptable to the Secretary that the applicant has resumed | 11 |
| regular school attendance or home instruction or that his or | 12 |
| her application was denied in error shall be eligible to | 13 |
| receive a graduated license if other requirements are met. The | 14 |
| Secretary shall adopt rules for implementing this subsection | 15 |
| (b-1).
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| (c) No graduated driver's license or permit shall be issued | 17 |
| to
any applicant under 18
years of age who has committed the | 18 |
| offense of operating a motor vehicle
without a valid license or | 19 |
| permit in violation of Section 6-101 of this Code
and no | 20 |
| graduated driver's
license or permit shall be issued to any | 21 |
| applicant under 18 years of age
who has committed an offense | 22 |
| that would otherwise result in a
mandatory revocation of a | 23 |
| license or permit as provided in Section 6-205 of
this Code or | 24 |
| who has been either convicted of or adjudicated a delinquent | 25 |
| based
upon a violation of the Cannabis Control Act, the | 26 |
| Illinois Controlled
Substances Act, or the Methamphetamine |
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| Control and Community Protection Act while that individual was | 2 |
| in actual physical control of a motor
vehicle. For purposes of | 3 |
| this Section, any person placed on probation under
Section 10 | 4 |
| of the Cannabis Control Act, Section 410 of the Illinois
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| Controlled Substances Act, or Section 70 of the Methamphetamine | 6 |
| Control and Community Protection Act shall not be considered | 7 |
| convicted. Any person found
guilty of this offense, while in | 8 |
| actual physical control of a motor vehicle,
shall have an entry | 9 |
| made in the court record by the judge that this offense did
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| occur while the person was in actual physical control of a | 11 |
| motor vehicle and
order the clerk of the court to report the | 12 |
| violation to the Secretary of State
as such.
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| (d) No graduated driver's license shall be issued for 6 | 14 |
| months to any
applicant
under
the
age of 18 years who has been | 15 |
| convicted of any offense defined as a serious
traffic violation | 16 |
| in this Code or
a similar provision of a local ordinance.
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| (e) No graduated driver's license holder under the age
of | 18 |
| 18 years shall operate any
motor vehicle, except a motor driven | 19 |
| cycle or motorcycle, with
more than one passenger in the front | 20 |
| seat of the motor vehicle
and no more passengers in the back | 21 |
| seats than the number of available seat
safety belts as set | 22 |
| forth in Section 12-603 of this Code.
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| (f) No graduated driver's license holder under the age of | 24 |
| 18 shall operate a
motor vehicle unless each driver and | 25 |
| passenger under the
age of 19 is wearing a properly adjusted | 26 |
| and fastened seat safety belt and each child under the age of 8 |
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| is protected as required under the Child Passenger Protection | 2 |
| Act.
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| (g) If a graduated driver's license holder is under the age | 4 |
| of 18 when he
or she receives the license, for the first 6 | 5 |
| months he or she holds the license
or
until he or she reaches | 6 |
| the age of 18, whichever occurs sooner, the graduated
license
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| holder may not operate a motor vehicle with more than one | 8 |
| passenger in the
vehicle
who is under the age of 20, unless any | 9 |
| additional passenger or passengers are
siblings, | 10 |
| step-siblings, children, or stepchildren of the driver.
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| (h) The additional requirements for obtaining a graduated | 12 |
| license imposed by this amendatory Act of the 95th General | 13 |
| Assembly do not invalidate any graduated license that was | 14 |
| issued to a person under 18 years of age before the effective | 15 |
| date of this amendatory Act of the 95th General Assembly in | 16 |
| accordance with the law that was in effect at the time the | 17 |
| graduated license was issued.
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| (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; 94-897, | 20 |
| eff. 6-22-06; 94-916, eff. 7-1-07; revised 8-3-06.)
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| (625 ILCS 5/6-107.1)
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| Sec. 6-107.1. Instruction permit for a minor.
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| (a) The Secretary of State, upon
receiving proper | 24 |
| application and payment of the required fee, may issue an
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| instruction permit to any person under the age of 18 years who |
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| is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | 2 |
| or 8 of Section
6-103, after the applicant has successfully | 3 |
| passed such examination as the
Secretary of State in his | 4 |
| discretion may prescribe.
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| (1) An instruction permit issued under this Section
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| shall be valid for a period of 24 months after the date of | 7 |
| its
issuance and shall be restricted, by the Secretary of | 8 |
| State, to the operation
of a motor vehicle by the minor | 9 |
| only when accompanied by the adult instructor
of a driver | 10 |
| education program during enrollment in the program or when
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| practicing with and occupying a seat beside a parent, the | 12 |
| minor's
legal guardian, family member, or a responsible | 13 |
| adult, approved in writing by a parent or the minor's legal | 14 |
| guardian in a manner acceptable to the Secretary,
person in | 15 |
| loco parentis who is 21
years of age or more and
, has a | 16 |
| license classification to operate such vehicle
and at least | 17 |
| 5 consecutive years
one year of driving experience , and who | 18 |
| is occupying a seat beside
the driver .
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| Any holder of a permit under this Section may not drive | 20 |
| at night during the first 6 months after the permit was | 21 |
| issued.
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| Any holder of a permit under this Section who violates | 23 |
| any restriction imposed by this subdivision (a)(1) shall be | 24 |
| fined $1,500 and shall have his or her instruction permit | 25 |
| suspended for 3 months.
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| Any licensed adult driver who accompanies any holder of |
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| a permit under this Section during the permit holder's | 2 |
| violation of any restriction imposed by this subdivision | 3 |
| (a)(1) shall be fined $1,500 and shall have his or her | 4 |
| driver's license suspended for 3 months.
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| Any parent, legal guardian, or responsible adult | 6 |
| approved under this subdivision (a)(1), if he or she allows | 7 |
| the holder of a permit under this Section to drive with a | 8 |
| person not approved under this subdivision (a)(1), shall be | 9 |
| fined $1,500 and shall have his or her driver's license | 10 |
| suspended for 3 months.
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| (2) A 24 month instruction permit for a motor driven | 12 |
| cycle may be issued
to
a person 16 or 17 years of age and | 13 |
| entitles the holder to drive upon the
highways during | 14 |
| daylight under direct supervision of a licensed motor | 15 |
| driven
cycle operator or motorcycle operator 21 years of | 16 |
| age or older who has a
license classification to operate | 17 |
| such motor driven cycle or motorcycle and at
least one year | 18 |
| of driving experience.
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| (3) A 24 month instruction permit for a motorcycle | 20 |
| other than a motor
driven
cycle may be issued to a person | 21 |
| 16 or 17 years of age in accordance with the
provisions of | 22 |
| paragraph 2 of Section 6-103 and entitles a holder to drive | 23 |
| upon
the highways during daylight under the direct | 24 |
| supervision of a licensed
motorcycle operator 21 years of | 25 |
| age or older who has at least one year of
driving
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| experience.
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| (b) An instruction permit issued under this Section when | 2 |
| issued to a person
under the
age of 17 years shall, as a matter | 3 |
| of law, be invalid for the operation of any
motor
vehicle | 4 |
| during the same time the child is prohibited from being on any | 5 |
| street
or highway under the provisions of the Child Curfew Act. | 6 |
| (b-1) No instruction permit shall be issued to any | 7 |
| applicant who is under the age of 18 years and who has been | 8 |
| certified to be a chronic or habitual truant, as defined in | 9 |
| Section 26-2a of the School Code. | 10 |
| An applicant under the age of 18 years who provides proof | 11 |
| that he or she has resumed regular school attendance or that | 12 |
| his or her application was denied in error shall be eligible to | 13 |
| receive an instruction permit if other requirements are met. | 14 |
| The Secretary shall adopt rules for implementing this | 15 |
| subsection (b-1).
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| (c) Any person under the age of 16 years who possesses an | 17 |
| instruction permit
and
whose
driving privileges have been | 18 |
| suspended or revoked under the provisions of this
Code shall | 19 |
| not be granted a Family Financial Responsibility Driving Permit | 20 |
| or a
Restricted Driving Permit.
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| (Source: P.A. 94-916, eff. 7-1-07.)
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| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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| Sec. 6-206. Discretionary authority to suspend or revoke | 24 |
| license or
permit; Right to a hearing.
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| (a) The Secretary of State is authorized to suspend or |
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| revoke the
driving privileges of any person without preliminary | 2 |
| hearing upon a showing
of the person's records or other | 3 |
| sufficient evidence that
the person:
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| 1. Has committed an offense for which mandatory | 5 |
| revocation of
a driver's license or permit is required upon | 6 |
| conviction;
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| 2. Has been convicted of not less than 3 offenses | 8 |
| against traffic
regulations governing the movement of | 9 |
| vehicles committed within any 12
month period. No | 10 |
| revocation or suspension shall be entered more than
6 | 11 |
| months after the date of last conviction;
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| 3. Has been repeatedly involved as a driver in motor | 13 |
| vehicle
collisions or has been repeatedly convicted of | 14 |
| offenses against laws and
ordinances regulating the | 15 |
| movement of traffic, to a degree that
indicates lack of | 16 |
| ability to exercise ordinary and reasonable care in
the | 17 |
| safe operation of a motor vehicle or disrespect for the | 18 |
| traffic laws
and the safety of other persons upon the | 19 |
| highway;
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| 4. Has by the unlawful operation of a motor vehicle | 21 |
| caused or
contributed to an accident resulting in death or | 22 |
| injury requiring
immediate professional treatment in a | 23 |
| medical facility or doctor's office
to any person, except | 24 |
| that any suspension or revocation imposed by the
Secretary | 25 |
| of State under the provisions of this subsection shall | 26 |
| start no
later than 6 months after being convicted of |
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| violating a law or
ordinance regulating the movement of | 2 |
| traffic, which violation is related
to the accident, or | 3 |
| shall start not more than one year
after
the date of the | 4 |
| accident, whichever date occurs later;
| 5 |
| 5. Has permitted an unlawful or fraudulent use of a | 6 |
| driver's
license, identification card, or permit;
| 7 |
| 6. Has been lawfully convicted of an offense or | 8 |
| offenses in another
state, including the authorization | 9 |
| contained in Section 6-203.1, which
if committed within | 10 |
| this State would be grounds for suspension or revocation;
| 11 |
| 7. Has refused or failed to submit to an examination | 12 |
| provided for by
Section 6-207 or has failed to pass the | 13 |
| examination;
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| 8. Is ineligible for a driver's license or permit under | 15 |
| the provisions
of Section 6-103;
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| 9. Has made a false statement or knowingly concealed a | 17 |
| material fact
or has used false information or | 18 |
| identification in any application for a
license, | 19 |
| identification card, or permit;
| 20 |
| 10. Has possessed, displayed, or attempted to | 21 |
| fraudulently use any
license, identification card, or | 22 |
| permit not issued to the person;
| 23 |
| 11. Has operated a motor vehicle upon a highway of this | 24 |
| State when
the person's driving privilege or privilege to | 25 |
| obtain a driver's license
or permit was revoked or | 26 |
| suspended unless the operation was authorized by
a judicial |
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LRB095 00640 DRH 23640 b |
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| 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;
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LRB095 00640 DRH 23640 b |
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| 19. Has committed a violation of paragraph (a) or (b) | 2 |
| of Section 6-101
relating to driving without a driver's | 3 |
| license;
| 4 |
| 20. Has been convicted of violating Section 6-104 | 5 |
| relating to
classification of driver's license;
| 6 |
| 21. Has been convicted of violating Section 11-402 of
| 7 |
| this Code relating to leaving the scene of an accident | 8 |
| resulting in damage
to a vehicle in excess of $1,000, in | 9 |
| which case the suspension shall be
for one year;
| 10 |
| 22. Has used a motor vehicle in violating paragraph | 11 |
| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 12 |
| the Criminal Code of 1961 relating
to unlawful use of | 13 |
| weapons, in which case the suspension shall be for one
| 14 |
| year;
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| 23. Has, as a driver, been convicted of committing a | 16 |
| violation of
paragraph (a) of Section 11-502 of this Code | 17 |
| for a second or subsequent
time within one year of a | 18 |
| similar violation;
| 19 |
| 24. Has been convicted by a court-martial or punished | 20 |
| by non-judicial
punishment by military authorities of the | 21 |
| United States at a military
installation in Illinois of or | 22 |
| for a traffic related offense that is the
same as or | 23 |
| similar to an offense specified under Section 6-205 or | 24 |
| 6-206 of
this Code;
| 25 |
| 25. Has permitted any form of identification to be used | 26 |
| by another in
the application process in order to obtain or |
|
|
|
SB0032 |
- 16 - |
LRB095 00640 DRH 23640 b |
|
| 1 |
| attempt to obtain a license,
identification card, or | 2 |
| permit;
| 3 |
| 26. Has altered or attempted to alter a license or has | 4 |
| possessed an
altered license, identification card, or | 5 |
| permit;
| 6 |
| 27. Has violated Section 6-16 of the Liquor Control Act | 7 |
| of 1934;
| 8 |
| 28. Has been convicted of the illegal possession, while | 9 |
| operating or
in actual physical control, as a driver, of a | 10 |
| motor vehicle, of any
controlled substance prohibited | 11 |
| under the Illinois Controlled Substances
Act, any cannabis | 12 |
| prohibited under the Cannabis Control
Act, or any | 13 |
| methamphetamine prohibited under the Methamphetamine | 14 |
| Control and Community Protection Act, in which case the | 15 |
| person's driving privileges shall be suspended for
one | 16 |
| year, and any driver who is convicted of a second or | 17 |
| subsequent
offense, within 5 years of a previous | 18 |
| conviction, for the illegal
possession, while operating or | 19 |
| in actual physical control, as a driver, of
a motor | 20 |
| vehicle, of any controlled substance prohibited under the | 21 |
| Illinois Controlled Substances Act, any cannabis
| 22 |
| prohibited under the Cannabis Control Act, or any | 23 |
| methamphetamine prohibited under the Methamphetamine | 24 |
| Control and Community Protection Act shall be suspended for | 25 |
| 5 years.
Any defendant found guilty of this offense while | 26 |
| operating a motor vehicle,
shall have an entry made in the |
|
|
|
SB0032 |
- 17 - |
LRB095 00640 DRH 23640 b |
|
| 1 |
| court record by the presiding judge that
this offense did | 2 |
| occur while the defendant was operating a motor vehicle
and | 3 |
| order the clerk of the court to report the violation to the | 4 |
| Secretary
of State;
| 5 |
| 29. Has been convicted of the following offenses that | 6 |
| were committed
while the person was operating or in actual | 7 |
| physical control, as a driver,
of a motor vehicle: criminal | 8 |
| sexual assault,
predatory criminal sexual assault of a | 9 |
| child,
aggravated criminal sexual
assault, criminal sexual | 10 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, | 11 |
| soliciting for a juvenile prostitute and the manufacture, | 12 |
| sale or
delivery of controlled substances or instruments | 13 |
| used for illegal drug use
or abuse in which case the | 14 |
| driver's driving privileges shall be suspended
for one | 15 |
| year;
| 16 |
| 30. Has been convicted a second or subsequent time for | 17 |
| any
combination of the offenses named in paragraph 29 of | 18 |
| this subsection,
in which case the person's driving | 19 |
| privileges shall be suspended for 5
years;
| 20 |
| 31. Has refused to submit to a test as
required by | 21 |
| Section 11-501.6 or has submitted to a test resulting in
an | 22 |
| alcohol concentration of 0.08 or more or any amount of a | 23 |
| drug, substance, or
compound resulting from the unlawful | 24 |
| use or consumption of cannabis as listed
in the Cannabis | 25 |
| Control Act, a controlled substance as listed in the | 26 |
| Illinois
Controlled Substances Act, or an intoxicating |
|
|
|
SB0032 |
- 18 - |
LRB095 00640 DRH 23640 b |
|
| 1 |
| compound as listed in the Use of
Intoxicating Compounds | 2 |
| Act, in which case the penalty shall be
as prescribed in | 3 |
| Section 6-208.1;
| 4 |
| 32. Has been convicted of Section 24-1.2 of the | 5 |
| Criminal Code of
1961 relating to the aggravated discharge | 6 |
| of a firearm if the offender was
located in a motor vehicle | 7 |
| at the time the firearm was discharged, in which
case the | 8 |
| suspension shall be for 3 years;
| 9 |
| 33. Has as a driver, who was less than 21 years of age | 10 |
| on the date of
the offense, been convicted a first time of | 11 |
| a violation of paragraph (a) of
Section 11-502 of this Code | 12 |
| or a similar provision of a local ordinance;
| 13 |
| 34. Has committed a violation of Section 11-1301.5 of | 14 |
| this Code;
| 15 |
| 35. Has committed a violation of Section 11-1301.6 of | 16 |
| this Code;
| 17 |
| 36. Is under the age of 21 years at the time of arrest | 18 |
| and has been
convicted of not less than 2 offenses against | 19 |
| traffic regulations governing
the movement of vehicles | 20 |
| committed within any 24 month period. No revocation
or | 21 |
| suspension shall be entered more than 6 months after the | 22 |
| date of last
conviction;
| 23 |
| 37. Has committed a violation of subsection (c) of | 24 |
| Section 11-907 of this
Code;
| 25 |
| 38. Has been convicted of a violation of Section 6-20 | 26 |
| of the Liquor
Control Act of 1934 or a similar provision of |
|
|
|
SB0032 |
- 19 - |
LRB095 00640 DRH 23640 b |
|
| 1 |
| a local ordinance;
| 2 |
| 39. Has committed a second or subsequent violation of | 3 |
| Section
11-1201 of this Code;
| 4 |
| 40. Has committed a violation of subsection (a-1) of | 5 |
| Section 11-908 of
this Code; | 6 |
| 41. Has committed a second or subsequent violation of | 7 |
| Section 11-605.1 of this Code within 2 years of the date of | 8 |
| the previous violation, in which case the suspension shall | 9 |
| be for 90 days; or | 10 |
| 42. Has committed a violation of subsection (a-1) of | 11 |
| Section 11-1301.3 of this Code ;
.
| 12 |
| 43. Has, as a parent, legal guardian, or responsible | 13 |
| adult under Section 6-107 of this Code, falsely certified | 14 |
| that an applicant for a graduated driver's license has met | 15 |
| the requirements of item (3) of subsection (b) of Section | 16 |
| 6-107 of this Code, in which case the suspension shall be | 17 |
| for 3 months; or
| 18 |
| 44. Has committed a violation described in subdivision | 19 |
| (a)(1) of Section 6-107.1 of this Code, in which case the | 20 |
| suspension shall be for 3 months.
| 21 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 22 |
| and 27 of this
subsection, license means any driver's license, | 23 |
| any traffic ticket issued when
the person's driver's license is | 24 |
| deposited in lieu of bail, a suspension
notice issued by the | 25 |
| Secretary of State, a duplicate or corrected driver's
license, | 26 |
| a probationary driver's license or a temporary driver's |
|
|
|
SB0032 |
- 20 - |
LRB095 00640 DRH 23640 b |
|
| 1 |
| license.
| 2 |
| (b) If any conviction forming the basis of a suspension or
| 3 |
| revocation authorized under this Section is appealed, the
| 4 |
| Secretary of State may rescind or withhold the entry of the | 5 |
| order of suspension
or revocation, as the case may be, provided | 6 |
| that a certified copy of a stay
order of a court is filed with | 7 |
| the Secretary of State. If the conviction is
affirmed on | 8 |
| appeal, the date of the conviction shall relate back to the | 9 |
| time
the original judgment of conviction was entered and the 6 | 10 |
| month limitation
prescribed shall not apply.
| 11 |
| (c) 1. Upon suspending or revoking the driver's license or | 12 |
| permit of
any person as authorized in this Section, the | 13 |
| Secretary of State shall
immediately notify the person in | 14 |
| writing of the revocation or suspension.
The notice to be | 15 |
| deposited in the United States mail, postage prepaid,
to | 16 |
| the last known address of the person.
| 17 |
| 2. If the Secretary of State suspends the driver's | 18 |
| license
of a person under subsection 2 of paragraph (a) of | 19 |
| this Section, a
person's privilege to operate a vehicle as | 20 |
| an occupation shall not be
suspended, provided an affidavit | 21 |
| is properly completed, the appropriate fee
received, and a | 22 |
| permit issued prior to the effective date of the
| 23 |
| suspension, unless 5 offenses were committed, at least 2 of | 24 |
| which occurred
while operating a commercial vehicle in | 25 |
| connection with the driver's
regular occupation. All other | 26 |
| driving privileges shall be suspended by the
Secretary of |
|
|
|
SB0032 |
- 21 - |
LRB095 00640 DRH 23640 b |
|
| 1 |
| State. Any driver prior to operating a vehicle for
| 2 |
| occupational purposes only must submit the affidavit on | 3 |
| forms to be
provided by the Secretary of State setting | 4 |
| forth the facts of the person's
occupation. The affidavit | 5 |
| shall also state the number of offenses
committed while | 6 |
| operating a vehicle in connection with the driver's regular
| 7 |
| occupation. The affidavit shall be accompanied by the | 8 |
| driver's license.
Upon receipt of a properly completed | 9 |
| affidavit, the Secretary of State
shall issue the driver a | 10 |
| permit to operate a vehicle in connection with the
driver's | 11 |
| regular occupation only. Unless the permit is issued by the
| 12 |
| Secretary of State prior to the date of suspension, the | 13 |
| privilege to drive
any motor vehicle shall be suspended as | 14 |
| set forth in the notice that was
mailed under this Section. | 15 |
| If an affidavit is received subsequent to the
effective | 16 |
| date of this suspension, a permit may be issued for the | 17 |
| remainder
of the suspension period.
| 18 |
| The provisions of this subparagraph shall not apply to | 19 |
| any driver
required to possess a CDL for the purpose of | 20 |
| operating a commercial motor vehicle.
| 21 |
| Any person who falsely states any fact in the affidavit | 22 |
| required
herein shall be guilty of perjury under Section | 23 |
| 6-302 and upon conviction
thereof shall have all driving | 24 |
| privileges revoked without further rights.
| 25 |
| 3. At the conclusion of a hearing under Section 2-118 | 26 |
| of this Code,
the Secretary of State shall either rescind |
|
|
|
SB0032 |
- 22 - |
LRB095 00640 DRH 23640 b |
|
| 1 |
| or continue an order of
revocation or shall substitute an | 2 |
| order of suspension; or, good
cause appearing therefor, | 3 |
| rescind, continue, change, or extend the
order of | 4 |
| suspension. If the Secretary of State does not rescind the | 5 |
| order,
the Secretary may upon application,
to relieve undue | 6 |
| hardship, issue
a restricted driving permit granting the | 7 |
| privilege of driving a motor
vehicle between the | 8 |
| petitioner's residence and petitioner's place of
| 9 |
| employment or within the scope of his employment related | 10 |
| duties, or to
allow transportation for the petitioner, or a | 11 |
| household member of the
petitioner's family, to receive | 12 |
| necessary medical care and if the
professional evaluation | 13 |
| indicates, provide transportation for alcohol
remedial or | 14 |
| rehabilitative activity, or for the petitioner to attend
| 15 |
| classes, as a student, in an accredited educational | 16 |
| institution; if the
petitioner is able to demonstrate that | 17 |
| no alternative means of
transportation is reasonably | 18 |
| available and the petitioner will not endanger
the public | 19 |
| safety or welfare.
| 20 |
| If a person's license or permit has been 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, arising out
of | 24 |
| separate occurrences, that person, if issued a restricted | 25 |
| driving permit,
may not operate a vehicle unless it has | 26 |
| been equipped with an ignition
interlock device as defined |
|
|
|
SB0032 |
- 23 - |
LRB095 00640 DRH 23640 b |
|
| 1 |
| in Section 1-129.1.
| 2 |
| If a person's license or permit has been revoked or | 3 |
| suspended 2 or more
times within a 10 year period due to a | 4 |
| single conviction of violating Section
11-501 of this Code | 5 |
| or a similar provision of a local ordinance or a similar
| 6 |
| out-of-state offense, and a statutory summary suspension | 7 |
| under Section
11-501.1, or 2 or more statutory summary | 8 |
| suspensions, or combination of 2
offenses, or of an offense | 9 |
| and a statutory summary suspension, arising out of
separate | 10 |
| occurrences, that person, if issued a restricted driving | 11 |
| permit, may
not operate a vehicle unless it has been
| 12 |
| equipped with an ignition interlock device as defined in | 13 |
| Section 1-129.1.
The person must pay to the Secretary of | 14 |
| State DUI Administration Fund an amount
not to exceed $20 | 15 |
| per month. The Secretary shall establish by rule the amount
| 16 |
| and the procedures, terms, and conditions relating to these | 17 |
| fees. If the
restricted driving permit was issued for | 18 |
| employment purposes, then this
provision does not apply to | 19 |
| the operation of an occupational vehicle owned or
leased by | 20 |
| that person's employer. In each case the Secretary may | 21 |
| issue a
restricted driving permit for a period deemed | 22 |
| appropriate, except that all
permits shall expire within | 23 |
| one year from the date of issuance. The Secretary
may not, | 24 |
| however, issue a restricted driving permit to any person | 25 |
| whose current
revocation is the result of a second or | 26 |
| subsequent conviction for a violation
of Section 11-501 of |
|
|
|
SB0032 |
- 24 - |
LRB095 00640 DRH 23640 b |
|
| 1 |
| this Code or a similar provision of a local ordinance
| 2 |
| relating to the offense of operating or being in physical | 3 |
| control of a motor
vehicle while under the influence of | 4 |
| alcohol, other drug or drugs, intoxicating
compound or | 5 |
| compounds, or any similar out-of-state offense, or any | 6 |
| combination
of those offenses, until the expiration of at | 7 |
| least one year from the date of
the revocation. A
| 8 |
| restricted driving permit issued under this Section shall | 9 |
| be subject to
cancellation, revocation, and suspension by | 10 |
| the Secretary of State in like
manner and for like cause as | 11 |
| a driver's license issued under this Code may be
cancelled, | 12 |
| revoked, or suspended; except that a conviction upon one or | 13 |
| more
offenses against laws or ordinances regulating the | 14 |
| movement of traffic
shall be deemed sufficient cause for | 15 |
| the revocation, suspension, or
cancellation of a | 16 |
| restricted driving permit. The Secretary of State may, as
a | 17 |
| condition to the issuance of a restricted driving permit, | 18 |
| require the
applicant to participate in a designated driver | 19 |
| remedial or rehabilitative
program. The Secretary of State | 20 |
| is authorized to cancel a restricted
driving permit if the | 21 |
| permit holder does not successfully complete the program.
| 22 |
| (c-5) The Secretary of State may, as a condition of the | 23 |
| reissuance of a
driver's license or permit to an applicant | 24 |
| whose driver's license or permit has
been suspended before he | 25 |
| or she reached the age of 18 years pursuant to any of
the | 26 |
| provisions of this Section, require the applicant to |
|
|
|
SB0032 |
- 25 - |
LRB095 00640 DRH 23640 b |
|
| 1 |
| participate in a
driver remedial education course and be | 2 |
| retested under Section 6-109 of this
Code.
| 3 |
| (d) This Section is subject to the provisions of the | 4 |
| Drivers License
Compact.
| 5 |
| (e) The Secretary of State shall not issue a restricted | 6 |
| driving permit to
a person under the age of 16 years whose | 7 |
| driving privileges have been suspended
or revoked under any | 8 |
| provisions of this Code.
| 9 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of | 10 |
| State may not issue a restricted driving permit for the | 11 |
| operation of a commercial motor vehicle to a person holding a | 12 |
| CDL whose driving privileges have been suspended or revoked | 13 |
| under any provisions of this Code. | 14 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; | 15 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. | 16 |
| 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
|
|