Full Text of HB3952 101st General Assembly
HB3952 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3952 Introduced 11/12/2019, by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State shall reinstate the driving privileges of a person whose driving privileges were were suspended or revoked under certain circumstances if the person shows the following: (1) the suspension or revocation of the person's driving privileges resulted from an incident in which the person's vision was impaired exclusively by the glare of the sun; (2) the incident would not have occurred but for the impairment of the person's vision by the glare of the sun; (3) there is no evidence that the person was, at the time of the incident, otherwise impaired, distracted, or inattentive in a manner that would constitute a violation of this Code or an ordinance; and (4) other than any offenses for which the person was charged as a result of the incident, the person was not charged with any offense against a law or ordinance regulating the movement of traffic after the accident or in the 12-month period preceding the accident. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 6-206 as follows:
| 6 | | (625 ILCS 5/6-206)
| 7 | | (Text of Section before amendment by P.A. 101-90 and | 8 | | 101-470 ) | 9 | | Sec. 6-206. Discretionary authority to suspend or revoke | 10 | | license or
permit; right to a hearing.
| 11 | | (a) The Secretary of State is authorized to suspend or | 12 | | revoke the
driving privileges of any person without preliminary | 13 | | hearing upon a showing
of the person's records or other | 14 | | sufficient evidence that
the person:
| 15 | | 1. Has committed an offense for which mandatory | 16 | | revocation of
a driver's license or permit is required upon | 17 | | conviction;
| 18 | | 2. Has been convicted of not less than 3 offenses | 19 | | against traffic
regulations governing the movement of | 20 | | vehicles committed within any 12
month period. No | 21 | | revocation or suspension shall be entered more than
6 | 22 | | months after the date of last conviction;
| 23 | | 3. Has been repeatedly involved as a driver in motor |
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| 1 | | vehicle
collisions or has been repeatedly convicted of | 2 | | offenses against laws and
ordinances regulating the | 3 | | movement of traffic, to a degree that
indicates lack of | 4 | | ability to exercise ordinary and reasonable care in
the | 5 | | safe operation of a motor vehicle or disrespect for the | 6 | | traffic laws
and the safety of other persons upon the | 7 | | highway;
| 8 | | 4. Has by the unlawful operation of a motor vehicle | 9 | | caused or
contributed to an accident resulting in injury | 10 | | requiring
immediate professional treatment in a medical | 11 | | facility or doctor's office
to any person, except that any | 12 | | suspension or revocation imposed by the
Secretary of State | 13 | | under the provisions of this subsection shall start no
| 14 | | later than 6 months after being convicted of violating a | 15 | | law or
ordinance regulating the movement of traffic, which | 16 | | violation is related
to the accident, or shall start not | 17 | | more than one year
after
the date of the accident, | 18 | | whichever date occurs later;
| 19 | | 5. Has permitted an unlawful or fraudulent use of a | 20 | | driver's
license, identification card, or permit;
| 21 | | 6. Has been lawfully convicted of an offense or | 22 | | offenses in another
state, including the authorization | 23 | | contained in Section 6-203.1, which
if committed within | 24 | | this State would be grounds for suspension or revocation;
| 25 | | 7. Has refused or failed to submit to an examination | 26 | | provided for by
Section 6-207 or has failed to pass the |
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| 1 | | examination;
| 2 | | 8. Is ineligible for a driver's license or permit under | 3 | | the provisions
of Section 6-103;
| 4 | | 9. Has made a false statement or knowingly concealed a | 5 | | material fact
or has used false information or | 6 | | identification in any application for a
license, | 7 | | identification card, or permit;
| 8 | | 10. Has possessed, displayed, or attempted to | 9 | | fraudulently use any
license, identification card, or | 10 | | permit not issued to the person;
| 11 | | 11. Has operated a motor vehicle upon a highway of this | 12 | | State when
the person's driving privilege or privilege to | 13 | | obtain a driver's license
or permit was revoked or | 14 | | suspended unless the operation was authorized by
a | 15 | | monitoring device driving permit, judicial driving permit | 16 | | issued prior to January 1, 2009, probationary license to | 17 | | drive, or a restricted
driving permit issued under this | 18 | | Code;
| 19 | | 12. Has submitted to any portion of the application | 20 | | process for
another person or has obtained the services of | 21 | | another person to submit to
any portion of the application | 22 | | process for the purpose of obtaining a
license, | 23 | | identification card, or permit for some other person;
| 24 | | 13. Has operated a motor vehicle upon a highway of this | 25 | | State when
the person's driver's license or permit was | 26 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
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| 1 | | 14. Has committed a violation of Section 6-301, | 2 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | 3 | | 14B of the Illinois Identification Card
Act;
| 4 | | 15. Has been convicted of violating Section 21-2 of the | 5 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 6 | | to criminal trespass to vehicles in which case, the | 7 | | suspension
shall be for one year;
| 8 | | 16. Has been convicted of violating Section 11-204 of | 9 | | this Code relating
to fleeing from a peace officer;
| 10 | | 17. Has refused to submit to a test, or tests, as | 11 | | required under Section
11-501.1 of this Code and the person | 12 | | has not sought a hearing as
provided for in Section | 13 | | 11-501.1;
| 14 | | 18. Has, since issuance of a driver's license or | 15 | | permit, been adjudged
to be afflicted with or suffering | 16 | | from any mental disability or disease;
| 17 | | 19. Has committed a violation of paragraph (a) or (b) | 18 | | of Section 6-101
relating to driving without a driver's | 19 | | license;
| 20 | | 20. Has been convicted of violating Section 6-104 | 21 | | relating to
classification of driver's license;
| 22 | | 21. Has been convicted of violating Section 11-402 of
| 23 | | this Code relating to leaving the scene of an accident | 24 | | resulting in damage
to a vehicle in excess of $1,000, in | 25 | | which case the suspension shall be
for one year;
| 26 | | 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 or the Criminal Code of 2012 | 3 | | relating
to unlawful use of weapons, in which case the | 4 | | suspension shall be for one
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 or in | 12 | | another state of or for a traffic related offense that is | 13 | | the
same as or similar to an offense specified under | 14 | | Section 6-205 or 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 for a first time of the illegal | 25 | | possession, while operating or
in actual physical control, | 26 | | as a driver, of a motor vehicle, of any
controlled |
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| 1 | | substance prohibited under the Illinois Controlled | 2 | | Substances
Act, any cannabis prohibited under the Cannabis | 3 | | Control
Act, or any methamphetamine prohibited under the | 4 | | Methamphetamine Control and Community Protection Act, in | 5 | | which case the person's driving privileges shall be | 6 | | suspended for
one year.
Any defendant found guilty of this | 7 | | offense while operating a motor vehicle,
shall have an | 8 | | entry made in the court record by the presiding judge that
| 9 | | this offense did occur while the defendant was operating a | 10 | | motor vehicle
and order the clerk of the court to report | 11 | | the violation to the Secretary
of State;
| 12 | | 29. Has been convicted of the following offenses that | 13 | | were committed
while the person was operating or in actual | 14 | | physical control, as a driver,
of a motor vehicle: criminal | 15 | | sexual assault,
predatory criminal sexual assault of a | 16 | | child,
aggravated criminal sexual
assault, criminal sexual | 17 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 18 | | soliciting for a juvenile prostitute, promoting juvenile | 19 | | prostitution as described in subdivision (a)(1), (a)(2), | 20 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 21 | | or the Criminal Code of 2012, and the manufacture, sale or
| 22 | | delivery of controlled substances or instruments used for | 23 | | illegal drug use
or abuse in which case the driver's | 24 | | driving privileges shall be suspended
for one year;
| 25 | | 30. Has been convicted a second or subsequent time for | 26 | | any
combination of the offenses named in paragraph 29 of |
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| 1 | | this subsection,
in which case the person's driving | 2 | | privileges shall be suspended for 5
years;
| 3 | | 31. Has refused to submit to a test as
required by | 4 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 5 | | Registration and Safety Act or has submitted to a test | 6 | | resulting in
an alcohol concentration of 0.08 or more or | 7 | | any amount of a drug, substance, or
compound resulting from | 8 | | the unlawful use or consumption of cannabis as listed
in | 9 | | the Cannabis Control Act, a controlled substance as listed | 10 | | in the Illinois
Controlled Substances Act, an intoxicating | 11 | | compound as listed in the Use of
Intoxicating Compounds | 12 | | Act, or methamphetamine as listed in the Methamphetamine | 13 | | Control and Community Protection Act, in which case the | 14 | | penalty shall be
as prescribed in Section 6-208.1;
| 15 | | 32. Has been convicted of Section 24-1.2 of the | 16 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 17 | | to the aggravated discharge of a firearm if the offender | 18 | | was
located in a motor vehicle at the time the firearm was | 19 | | discharged, in which
case the suspension shall be for 3 | 20 | | years;
| 21 | | 33. Has as a driver, who was less than 21 years of age | 22 | | on the date of
the offense, been convicted a first time of | 23 | | a violation of paragraph (a) of
Section 11-502 of this Code | 24 | | or a similar provision of a local ordinance;
| 25 | | 34. Has committed a violation of Section 11-1301.5 of | 26 | | this Code or a similar provision of a local ordinance;
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| 1 | | 35. Has committed a violation of Section 11-1301.6 of | 2 | | this Code or a similar provision of a local ordinance;
| 3 | | 36. Is under the age of 21 years at the time of arrest | 4 | | and has been
convicted of not less than 2 offenses against | 5 | | traffic regulations governing
the movement of vehicles | 6 | | committed within any 24 month period. No revocation
or | 7 | | suspension shall be entered more than 6 months after the | 8 | | date of last
conviction;
| 9 | | 37. Has committed a violation of subsection (c) of | 10 | | Section 11-907 of this
Code that resulted in damage to the | 11 | | property of another or the death or injury of another;
| 12 | | 38. Has been convicted of a violation of Section 6-20 | 13 | | of the Liquor
Control Act of 1934 or a similar provision of | 14 | | a local ordinance;
| 15 | | 39. Has committed a second or subsequent violation of | 16 | | Section
11-1201 of this Code;
| 17 | | 40. Has committed a violation of subsection (a-1) of | 18 | | Section 11-908 of
this Code; | 19 | | 41. Has committed a second or subsequent violation of | 20 | | Section 11-605.1 of this Code, a similar provision of a | 21 | | local ordinance, or a similar violation in any other state | 22 | | within 2 years of the date of the previous violation, in | 23 | | which case the suspension shall be for 90 days; | 24 | | 42. Has committed a violation of subsection (a-1) of | 25 | | Section 11-1301.3 of this Code or a similar provision of a | 26 | | local ordinance;
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| 1 | | 43. Has received a disposition of court supervision for | 2 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 3 | | of the Liquor
Control Act of 1934 or a similar provision of | 4 | | a local ordinance, in which case the suspension shall be | 5 | | for a period of 3 months;
| 6 | | 44.
Is under the age of 21 years at the time of arrest | 7 | | and has been convicted of an offense against traffic | 8 | | regulations governing the movement of vehicles after | 9 | | having previously had his or her driving privileges
| 10 | | suspended or revoked pursuant to subparagraph 36 of this | 11 | | Section; | 12 | | 45.
Has, in connection with or during the course of a | 13 | | formal hearing conducted under Section 2-118 of this Code: | 14 | | (i) committed perjury; (ii) submitted fraudulent or | 15 | | falsified documents; (iii) submitted documents that have | 16 | | been materially altered; or (iv) submitted, as his or her | 17 | | own, documents that were in fact prepared or composed for | 18 | | another person; | 19 | | 46. Has committed a violation of subsection (j) of | 20 | | Section 3-413 of this Code;
| 21 | | 47. Has committed a violation of Section 11-502.1 of | 22 | | this Code; or | 23 | | 48. Has submitted a falsified or altered medical | 24 | | examiner's certificate to the Secretary of State or | 25 | | provided false information to obtain a medical examiner's | 26 | | certificate. |
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| 1 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 2 | | and 27 of this
subsection, license means any driver's license, | 3 | | any traffic ticket issued when
the person's driver's license is | 4 | | deposited in lieu of bail, a suspension
notice issued by the | 5 | | Secretary of State, a duplicate or corrected driver's
license, | 6 | | a probationary driver's license or a temporary driver's | 7 | | license. | 8 | | (b) If any conviction forming the basis of a suspension or
| 9 | | revocation authorized under this Section is appealed, the
| 10 | | Secretary of State may rescind or withhold the entry of the | 11 | | order of suspension
or revocation, as the case may be, provided | 12 | | that a certified copy of a stay
order of a court is filed with | 13 | | the Secretary of State. If the conviction is
affirmed on | 14 | | appeal, the date of the conviction shall relate back to the | 15 | | time
the original judgment of conviction was entered and the 6 | 16 | | month limitation
prescribed shall not apply.
| 17 | | (c) 1. Upon suspending or revoking the driver's license or | 18 | | permit of
any person as authorized in this Section, the | 19 | | Secretary of State shall
immediately notify the person in | 20 | | writing of the revocation or suspension.
The notice to be | 21 | | deposited in the United States mail, postage prepaid,
to the | 22 | | last known address of the person.
| 23 | | 2. If the Secretary of State suspends the driver's license
| 24 | | of a person under subsection 2 of paragraph (a) of this | 25 | | Section, a
person's privilege to operate a vehicle as an | 26 | | occupation shall not be
suspended, provided an affidavit is |
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| 1 | | properly completed, the appropriate fee
received, and a permit | 2 | | issued prior to the effective date of the
suspension, unless 5 | 3 | | offenses were committed, at least 2 of which occurred
while | 4 | | operating a commercial vehicle in connection with the driver's
| 5 | | regular occupation. All other driving privileges shall be | 6 | | suspended by the
Secretary of State. Any driver prior to | 7 | | operating a vehicle for
occupational purposes only must submit | 8 | | the affidavit on forms to be
provided by the Secretary of State | 9 | | setting forth the facts of the person's
occupation. The | 10 | | affidavit shall also state the number of offenses
committed | 11 | | while operating a vehicle in connection with the driver's | 12 | | regular
occupation. The affidavit shall be accompanied by the | 13 | | driver's license.
Upon receipt of a properly completed | 14 | | affidavit, the Secretary of State
shall issue the driver a | 15 | | permit to operate a vehicle in connection with the
driver's | 16 | | regular occupation only. Unless the permit is issued by the
| 17 | | Secretary of State prior to the date of suspension, the | 18 | | privilege to drive
any motor vehicle shall be suspended as set | 19 | | forth in the notice that was
mailed under this Section. If an | 20 | | affidavit is received subsequent to the
effective date of this | 21 | | suspension, a permit may be issued for the remainder
of the | 22 | | suspension period.
| 23 | | The provisions of this subparagraph shall not apply to any | 24 | | driver
required to possess a CDL for the purpose of operating a | 25 | | commercial motor vehicle.
| 26 | | Any person who falsely states any fact in the affidavit |
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| 1 | | required
herein shall be guilty of perjury under Section 6-302 | 2 | | and upon conviction
thereof shall have all driving privileges | 3 | | revoked without further rights.
| 4 | | 3. At the conclusion of a hearing under Section 2-118 of | 5 | | this Code,
the Secretary of State shall either rescind or | 6 | | continue an order of
revocation or shall substitute an order of | 7 | | suspension; or, good
cause appearing therefor, rescind, | 8 | | continue, change, or extend the
order of suspension. If the | 9 | | Secretary of State does not rescind the order,
the Secretary | 10 | | may upon application,
to relieve undue hardship (as defined by | 11 | | the rules of the Secretary of State), issue
a restricted | 12 | | driving permit granting the privilege of driving a motor
| 13 | | vehicle between the petitioner's residence and petitioner's | 14 | | place of
employment or within the scope of the petitioner's | 15 | | employment related duties, or to
allow the petitioner to | 16 | | transport himself or herself, or a family member of the
| 17 | | petitioner's household to a medical facility, to receive | 18 | | necessary medical care, to allow the petitioner to transport | 19 | | himself or herself to and from alcohol or drug
remedial or | 20 | | rehabilitative activity recommended by a licensed service | 21 | | provider, or to allow the petitioner to transport himself or | 22 | | herself or a family member of the petitioner's household to | 23 | | classes, as a student, at an accredited educational | 24 | | institution, or to allow the petitioner to transport children, | 25 | | elderly persons, or persons with disabilities who do not hold | 26 | | driving privileges and are living in the petitioner's household |
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| 1 | | to and from daycare. The
petitioner must demonstrate that no | 2 | | alternative means of
transportation is reasonably available | 3 | | and that the petitioner will not endanger
the public safety or | 4 | | welfare.
| 5 | | (A) If a person's license or permit is revoked or | 6 | | suspended due to 2
or more convictions of violating Section | 7 | | 11-501 of this Code or a similar
provision of a local | 8 | | ordinance or a similar out-of-state offense, or Section 9-3 | 9 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 10 | | where the use of alcohol or other drugs is recited as an | 11 | | element of the offense, or a similar out-of-state offense, | 12 | | or a combination of these offenses, arising out
of separate | 13 | | occurrences, that person, if issued a restricted driving | 14 | | permit,
may not operate a vehicle unless it has been | 15 | | equipped with an ignition
interlock device as defined in | 16 | | Section 1-129.1.
| 17 | | (B) If a person's license or permit is revoked or | 18 | | suspended 2 or more
times due to any combination of: | 19 | | (i) a single conviction of violating Section
| 20 | | 11-501 of this Code or a similar provision of a local | 21 | | ordinance or a similar
out-of-state offense or Section | 22 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 23 | | of 2012, where the use of alcohol or other drugs is | 24 | | recited as an element of the offense, or a similar | 25 | | out-of-state offense; or | 26 | | (ii) a statutory summary suspension or revocation |
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| 1 | | under Section
11-501.1; or | 2 | | (iii) a suspension under Section 6-203.1; | 3 | | arising out of
separate occurrences; that person, if issued | 4 | | a restricted driving permit, may
not operate a vehicle | 5 | | unless it has been
equipped with an ignition interlock | 6 | | device as defined in Section 1-129.1. | 7 | | (B-5) If a person's license or permit is revoked or | 8 | | suspended due to a conviction for a violation of | 9 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 10 | | of Section 11-501 of this Code, or a similar provision of a | 11 | | local ordinance or similar out-of-state offense, that | 12 | | person, if issued a restricted driving permit, may not | 13 | | operate a vehicle unless it has been equipped with an | 14 | | ignition interlock device as defined in Section 1-129.1. | 15 | | (C)
The person issued a permit conditioned upon the use | 16 | | of an ignition interlock device must pay to the Secretary | 17 | | of State DUI Administration Fund an amount
not to exceed | 18 | | $30 per month. The Secretary shall establish by rule the | 19 | | amount
and the procedures, terms, and conditions relating | 20 | | to these fees. | 21 | | (D) If the
restricted driving permit is issued for | 22 | | employment purposes, then the prohibition against | 23 | | operating a motor vehicle that is not equipped with an | 24 | | ignition interlock device does not apply to the operation | 25 | | of an occupational vehicle owned or
leased by that person's | 26 | | employer when used solely for employment purposes. For any |
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| 1 | | person who, within a 5-year period, is convicted of a | 2 | | second or subsequent offense under Section 11-501 of this | 3 | | Code, or a similar provision of a local ordinance or | 4 | | similar out-of-state offense, this employment exemption | 5 | | does not apply until either a one-year period has elapsed | 6 | | during which that person had his or her driving privileges | 7 | | revoked or a one-year period has elapsed during which that | 8 | | person had a restricted driving permit which required the | 9 | | use of an ignition interlock device on every motor vehicle | 10 | | owned or operated by that person. | 11 | | (E) In each case the Secretary may issue a
restricted | 12 | | driving permit for a period deemed appropriate, except that | 13 | | all
permits shall expire no later than 2 years from the | 14 | | date of issuance. A
restricted driving permit issued under | 15 | | this Section shall be subject to
cancellation, revocation, | 16 | | and suspension by the Secretary of State in like
manner and | 17 | | for like cause as a driver's license issued under this Code | 18 | | may be
cancelled, revoked, or suspended; except that a | 19 | | conviction upon one or more
offenses against laws or | 20 | | ordinances regulating the movement of traffic
shall be | 21 | | deemed sufficient cause for the revocation, suspension, or
| 22 | | cancellation of a restricted driving permit. The Secretary | 23 | | of State may, as
a condition to the issuance of a | 24 | | restricted driving permit, require the
applicant to | 25 | | participate in a designated driver remedial or | 26 | | rehabilitative
program. The Secretary of State is |
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| 1 | | authorized to cancel a restricted
driving permit if the | 2 | | permit holder does not successfully complete the program.
| 3 | | (F) A person subject to the provisions of paragraph 4 | 4 | | of subsection (b) of Section 6-208 of this Code may make | 5 | | application for a restricted driving permit at a hearing | 6 | | conducted under Section 2-118 of this Code after the | 7 | | expiration of 5 years from the effective date of the most | 8 | | recent revocation or after 5 years from the date of release | 9 | | from a period of imprisonment resulting from a conviction | 10 | | of the most recent offense, whichever is later, provided | 11 | | the person, in addition to all other requirements of the | 12 | | Secretary, shows by clear and convincing evidence: | 13 | | (i) a minimum of 3 years of uninterrupted | 14 | | abstinence from alcohol and the unlawful use or | 15 | | consumption of cannabis under the Cannabis Control | 16 | | Act, a controlled substance under the Illinois | 17 | | Controlled Substances Act, an intoxicating compound | 18 | | under the Use of Intoxicating Compounds Act, or | 19 | | methamphetamine under the Methamphetamine Control and | 20 | | Community Protection Act; and | 21 | | (ii) the successful completion of any | 22 | | rehabilitative treatment and involvement in any | 23 | | ongoing rehabilitative activity that may be | 24 | | recommended by a properly licensed service provider | 25 | | according to an assessment of the person's alcohol or | 26 | | drug use under Section 11-501.01 of this Code. |
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| 1 | | In determining whether an applicant is eligible for a | 2 | | restricted driving permit under this subparagraph (F), the | 3 | | Secretary may consider any relevant evidence, including, | 4 | | but not limited to, testimony, affidavits, records, and the | 5 | | results of regular alcohol or drug tests. Persons subject | 6 | | to the provisions of paragraph 4 of subsection (b) of | 7 | | Section 6-208 of this Code and who have been convicted of | 8 | | more than one violation of paragraph (3), paragraph (4), or | 9 | | paragraph (5) of subsection (a) of Section 11-501 of this | 10 | | Code shall not be eligible to apply for a restricted | 11 | | driving permit under this subparagraph (F). | 12 | | A restricted driving permit issued under this | 13 | | subparagraph (F) shall provide that the holder may only | 14 | | operate motor vehicles equipped with an ignition interlock | 15 | | device as required under paragraph (2) of subsection (c) of | 16 | | Section 6-205 of this Code and subparagraph (A) of | 17 | | paragraph 3 of subsection (c) of this Section. The | 18 | | Secretary may revoke a restricted driving permit or amend | 19 | | the conditions of a restricted driving permit issued under | 20 | | this subparagraph (F) if the holder operates a vehicle that | 21 | | is not equipped with an ignition interlock device, or for | 22 | | any other reason authorized under this Code. | 23 | | A restricted driving permit issued under this | 24 | | subparagraph (F) shall be revoked, and the holder barred | 25 | | from applying for or being issued a restricted driving | 26 | | permit in the future, if the holder is convicted of a |
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| 1 | | violation of Section 11-501 of this Code, a similar | 2 | | provision of a local ordinance, or a similar offense in | 3 | | another state. | 4 | | (c-3) In the case of a suspension under paragraph 43 of | 5 | | subsection (a), reports received by the Secretary of State | 6 | | under this Section shall, except during the actual time the | 7 | | suspension is in effect, be privileged information and for use | 8 | | only by the courts, police officers, prosecuting authorities, | 9 | | the driver licensing administrator of any other state, the | 10 | | Secretary of State, or the parent or legal guardian of a driver | 11 | | under the age of 18. However, beginning January 1, 2008, if the | 12 | | person is a CDL holder, the suspension shall also be made | 13 | | available to the driver licensing administrator of any other | 14 | | state, the U.S. Department of Transportation, and the affected | 15 | | driver or motor
carrier or prospective motor carrier upon | 16 | | request.
| 17 | | (c-4) In the case of a suspension under paragraph 43 of | 18 | | subsection (a), the Secretary of State shall notify the person | 19 | | by mail that his or her driving privileges and driver's license | 20 | | will be suspended one month after the date of the mailing of | 21 | | the notice.
| 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 21 years pursuant to any of
the | 26 | | provisions of this Section, require the applicant to |
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| 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, revoked, | 13 | | cancelled, or disqualified under any provisions of this Code. | 14 | | (g) The Secretary shall reinstate the driving privileges of | 15 | | a person whose driving privileges were suspended or revoked | 16 | | under this Section if the person shows that: | 17 | | (1) the suspension or revocation of the person's | 18 | | driving privileges resulted from an incident in which the | 19 | | person's vision was impaired exclusively by the glare of | 20 | | the sun; | 21 | | (2) the incident would not have occurred but for the | 22 | | impairment of the person's vision by the glare of the sun; | 23 | | (3) there is no evidence that the person was, at the | 24 | | time of the incident, otherwise impaired, distracted, or | 25 | | inattentive in a manner that would constitute a violation | 26 | | of this Code or an ordinance; and |
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| 1 | | (4) other than any offenses for which the person was | 2 | | charged as a result of the incident, the person was not | 3 | | charged with any offense against a law or ordinance | 4 | | regulating the movement of traffic after the accident or in | 5 | | the 12-month period preceding the accident. | 6 | | (Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; | 7 | | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16; | 8 | | 99-642, eff. 7-28-16; 100-803, eff. 1-1-19 .) | 9 | | (Text of Section after amendment by P.A. 101-90 and | 10 | | 101-470) | 11 | | Sec. 6-206. Discretionary authority to suspend or revoke | 12 | | license or
permit; right to a hearing.
| 13 | | (a) The Secretary of State is authorized to suspend or | 14 | | revoke the
driving privileges of any person without preliminary | 15 | | hearing upon a showing
of the person's records or other | 16 | | sufficient evidence that
the person:
| 17 | | 1. Has committed an offense for which mandatory | 18 | | revocation of
a driver's license or permit is required upon | 19 | | conviction;
| 20 | | 2. Has been convicted of not less than 3 offenses | 21 | | against traffic
regulations governing the movement of | 22 | | vehicles committed within any 12
month period. No | 23 | | revocation or suspension shall be entered more than
6 | 24 | | months after the date of last conviction;
| 25 | | 3. Has been repeatedly involved as a driver in motor |
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| 1 | | vehicle
collisions or has been repeatedly convicted of | 2 | | offenses against laws and
ordinances regulating the | 3 | | movement of traffic, to a degree that
indicates lack of | 4 | | ability to exercise ordinary and reasonable care in
the | 5 | | safe operation of a motor vehicle or disrespect for the | 6 | | traffic laws
and the safety of other persons upon the | 7 | | highway;
| 8 | | 4. Has by the unlawful operation of a motor vehicle | 9 | | caused or
contributed to an accident resulting in injury | 10 | | requiring
immediate professional treatment in a medical | 11 | | facility or doctor's office
to any person, except that any | 12 | | suspension or revocation imposed by the
Secretary of State | 13 | | under the provisions of this subsection shall start no
| 14 | | later than 6 months after being convicted of violating a | 15 | | law or
ordinance regulating the movement of traffic, which | 16 | | violation is related
to the accident, or shall start not | 17 | | more than one year
after
the date of the accident, | 18 | | whichever date occurs later;
| 19 | | 5. Has permitted an unlawful or fraudulent use of a | 20 | | driver's
license, identification card, or permit;
| 21 | | 6. Has been lawfully convicted of an offense or | 22 | | offenses in another
state, including the authorization | 23 | | contained in Section 6-203.1, which
if committed within | 24 | | this State would be grounds for suspension or revocation;
| 25 | | 7. Has refused or failed to submit to an examination | 26 | | provided for by
Section 6-207 or has failed to pass the |
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| 1 | | examination;
| 2 | | 8. Is ineligible for a driver's license or permit under | 3 | | the provisions
of Section 6-103;
| 4 | | 9. Has made a false statement or knowingly concealed a | 5 | | material fact
or has used false information or | 6 | | identification in any application for a
license, | 7 | | identification card, or permit;
| 8 | | 10. Has possessed, displayed, or attempted to | 9 | | fraudulently use any
license, identification card, or | 10 | | permit not issued to the person;
| 11 | | 11. Has operated a motor vehicle upon a highway of this | 12 | | State when
the person's driving privilege or privilege to | 13 | | obtain a driver's license
or permit was revoked or | 14 | | suspended unless the operation was authorized by
a | 15 | | monitoring device driving permit, judicial driving permit | 16 | | issued prior to January 1, 2009, probationary license to | 17 | | drive, or a restricted
driving permit issued under this | 18 | | Code;
| 19 | | 12. Has submitted to any portion of the application | 20 | | process for
another person or has obtained the services of | 21 | | another person to submit to
any portion of the application | 22 | | process for the purpose of obtaining a
license, | 23 | | identification card, or permit for some other person;
| 24 | | 13. Has operated a motor vehicle upon a highway of this | 25 | | State when
the person's driver's license or permit was | 26 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
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| 1 | | 14. Has committed a violation of Section 6-301, | 2 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | 3 | | 14B of the Illinois Identification Card
Act;
| 4 | | 15. Has been convicted of violating Section 21-2 of the | 5 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 6 | | to criminal trespass to vehicles in which case, the | 7 | | suspension
shall be for one year;
| 8 | | 16. Has been convicted of violating Section 11-204 of | 9 | | this Code relating
to fleeing from a peace officer;
| 10 | | 17. Has refused to submit to a test, or tests, as | 11 | | required under Section
11-501.1 of this Code and the person | 12 | | has not sought a hearing as
provided for in Section | 13 | | 11-501.1;
| 14 | | 18. Has, since issuance of a driver's license or | 15 | | permit, been adjudged
to be afflicted with or suffering | 16 | | from any mental disability or disease;
| 17 | | 19. Has committed a violation of paragraph (a) or (b) | 18 | | of Section 6-101
relating to driving without a driver's | 19 | | license;
| 20 | | 20. Has been convicted of violating Section 6-104 | 21 | | relating to
classification of driver's license;
| 22 | | 21. Has been convicted of violating Section 11-402 of
| 23 | | this Code relating to leaving the scene of an accident | 24 | | resulting in damage
to a vehicle in excess of $1,000, in | 25 | | which case the suspension shall be
for one year;
| 26 | | 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 or the Criminal Code of 2012 | 3 | | relating
to unlawful use of weapons, in which case the | 4 | | suspension shall be for one
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 or in | 12 | | another state of or for a traffic related offense that is | 13 | | the
same as or similar to an offense specified under | 14 | | Section 6-205 or 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 for a first time of the illegal | 25 | | possession, while operating or
in actual physical control, | 26 | | as a driver, of a motor vehicle, of any
controlled |
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| 1 | | substance prohibited under the Illinois Controlled | 2 | | Substances
Act, any cannabis prohibited under the Cannabis | 3 | | Control
Act, or any methamphetamine prohibited under the | 4 | | Methamphetamine Control and Community Protection Act, in | 5 | | which case the person's driving privileges shall be | 6 | | suspended for
one year.
Any defendant found guilty of this | 7 | | offense while operating a motor vehicle,
shall have an | 8 | | entry made in the court record by the presiding judge that
| 9 | | this offense did occur while the defendant was operating a | 10 | | motor vehicle
and order the clerk of the court to report | 11 | | the violation to the Secretary
of State;
| 12 | | 29. Has been convicted of the following offenses that | 13 | | were committed
while the person was operating or in actual | 14 | | physical control, as a driver,
of a motor vehicle: criminal | 15 | | sexual assault,
predatory criminal sexual assault of a | 16 | | child,
aggravated criminal sexual
assault, criminal sexual | 17 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 18 | | soliciting for a juvenile prostitute, promoting juvenile | 19 | | prostitution as described in subdivision (a)(1), (a)(2), | 20 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 21 | | or the Criminal Code of 2012, and the manufacture, sale or
| 22 | | delivery of controlled substances or instruments used for | 23 | | illegal drug use
or abuse in which case the driver's | 24 | | driving privileges shall be suspended
for one year;
| 25 | | 30. Has been convicted a second or subsequent time for | 26 | | any
combination of the offenses named in paragraph 29 of |
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| 1 | | this subsection,
in which case the person's driving | 2 | | privileges shall be suspended for 5
years;
| 3 | | 31. Has refused to submit to a test as
required by | 4 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 5 | | Registration and Safety Act or has submitted to a test | 6 | | resulting in
an alcohol concentration of 0.08 or more or | 7 | | any amount of a drug, substance, or
compound resulting from | 8 | | the unlawful use or consumption of cannabis as listed
in | 9 | | the Cannabis Control Act, a controlled substance as listed | 10 | | in the Illinois
Controlled Substances Act, an intoxicating | 11 | | compound as listed in the Use of
Intoxicating Compounds | 12 | | Act, or methamphetamine as listed in the Methamphetamine | 13 | | Control and Community Protection Act, in which case the | 14 | | penalty shall be
as prescribed in Section 6-208.1;
| 15 | | 32. Has been convicted of Section 24-1.2 of the | 16 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 17 | | to the aggravated discharge of a firearm if the offender | 18 | | was
located in a motor vehicle at the time the firearm was | 19 | | discharged, in which
case the suspension shall be for 3 | 20 | | years;
| 21 | | 33. Has as a driver, who was less than 21 years of age | 22 | | on the date of
the offense, been convicted a first time of | 23 | | a violation of paragraph (a) of
Section 11-502 of this Code | 24 | | or a similar provision of a local ordinance;
| 25 | | 34. Has committed a violation of Section 11-1301.5 of | 26 | | this Code or a similar provision of a local ordinance;
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| 1 | | 35. Has committed a violation of Section 11-1301.6 of | 2 | | this Code or a similar provision of a local ordinance;
| 3 | | 36. Is under the age of 21 years at the time of arrest | 4 | | and has been
convicted of not less than 2 offenses against | 5 | | traffic regulations governing
the movement of vehicles | 6 | | committed within any 24 month period. No revocation
or | 7 | | suspension shall be entered more than 6 months after the | 8 | | date of last
conviction;
| 9 | | 37. Has committed a violation of subsection (c) of | 10 | | Section 11-907 of this
Code that resulted in damage to the | 11 | | property of another or the death or injury of another;
| 12 | | 38. Has been convicted of a violation of Section 6-20 | 13 | | of the Liquor
Control Act of 1934 or a similar provision of | 14 | | a local ordinance;
| 15 | | 39. Has committed a second or subsequent violation of | 16 | | Section
11-1201 of this Code;
| 17 | | 40. Has committed a violation of subsection (a-1) of | 18 | | Section 11-908 of
this Code; | 19 | | 41. Has committed a second or subsequent violation of | 20 | | Section 11-605.1 of this Code, a similar provision of a | 21 | | local ordinance, or a similar violation in any other state | 22 | | within 2 years of the date of the previous violation, in | 23 | | which case the suspension shall be for 90 days; | 24 | | 42. Has committed a violation of subsection (a-1) of | 25 | | Section 11-1301.3 of this Code or a similar provision of a | 26 | | local ordinance;
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| 1 | | 43. Has received a disposition of court supervision for | 2 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 3 | | of the Liquor
Control Act of 1934 or a similar provision of | 4 | | a local ordinance, in which case the suspension shall be | 5 | | for a period of 3 months;
| 6 | | 44.
Is under the age of 21 years at the time of arrest | 7 | | and has been convicted of an offense against traffic | 8 | | regulations governing the movement of vehicles after | 9 | | having previously had his or her driving privileges
| 10 | | suspended or revoked pursuant to subparagraph 36 of this | 11 | | Section; | 12 | | 45.
Has, in connection with or during the course of a | 13 | | formal hearing conducted under Section 2-118 of this Code: | 14 | | (i) committed perjury; (ii) submitted fraudulent or | 15 | | falsified documents; (iii) submitted documents that have | 16 | | been materially altered; or (iv) submitted, as his or her | 17 | | own, documents that were in fact prepared or composed for | 18 | | another person; | 19 | | 46. Has committed a violation of subsection (j) of | 20 | | Section 3-413 of this Code;
| 21 | | 47. Has committed a violation of Section 11-502.1 of | 22 | | this Code; | 23 | | 48. Has submitted a falsified or altered medical | 24 | | examiner's certificate to the Secretary of State or | 25 | | provided false information to obtain a medical examiner's | 26 | | certificate; or |
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| 1 | | 49. Has committed a violation of subsection (b-5) of | 2 | | Section 12-610.2 that resulted in great bodily harm, | 3 | | permanent disability, or disfigurement, in which case the | 4 | | driving privileges shall be suspended for 12 months ; or . | 5 | | 50. 49. Has been convicted of a violation of Section | 6 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to | 7 | | another, in which case the person's driving privileges | 8 | | shall be suspended for 12 months. | 9 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 10 | | and 27 of this
subsection, license means any driver's license, | 11 | | any traffic ticket issued when
the person's driver's license is | 12 | | deposited in lieu of bail, a suspension
notice issued by the | 13 | | Secretary of State, a duplicate or corrected driver's
license, | 14 | | a probationary driver's license or a temporary driver's | 15 | | license. | 16 | | (b) If any conviction forming the basis of a suspension or
| 17 | | revocation authorized under this Section is appealed, the
| 18 | | Secretary of State may rescind or withhold the entry of the | 19 | | order of suspension
or revocation, as the case may be, provided | 20 | | that a certified copy of a stay
order of a court is filed with | 21 | | the Secretary of State. If the conviction is
affirmed on | 22 | | appeal, the date of the conviction shall relate back to the | 23 | | time
the original judgment of conviction was entered and the 6 | 24 | | month limitation
prescribed shall not apply.
| 25 | | (c) 1. Upon suspending or revoking the driver's license or | 26 | | permit of
any person as authorized in this Section, the |
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| 1 | | Secretary of State shall
immediately notify the person in | 2 | | writing of the revocation or suspension.
The notice to be | 3 | | deposited in the United States mail, postage prepaid,
to the | 4 | | last known address of the person.
| 5 | | 2. If the Secretary of State suspends the driver's license
| 6 | | of a person under subsection 2 of paragraph (a) of this | 7 | | Section, a
person's privilege to operate a vehicle as an | 8 | | occupation shall not be
suspended, provided an affidavit is | 9 | | properly completed, the appropriate fee
received, and a permit | 10 | | issued prior to the effective date of the
suspension, unless 5 | 11 | | offenses were committed, at least 2 of which occurred
while | 12 | | operating a commercial vehicle in connection with the driver's
| 13 | | regular occupation. All other driving privileges shall be | 14 | | suspended by the
Secretary of State. Any driver prior to | 15 | | operating a vehicle for
occupational purposes only must submit | 16 | | the affidavit on forms to be
provided by the Secretary of State | 17 | | setting forth the facts of the person's
occupation. The | 18 | | affidavit shall also state the number of offenses
committed | 19 | | while operating a vehicle in connection with the driver's | 20 | | regular
occupation. The affidavit shall be accompanied by the | 21 | | driver's license.
Upon receipt of a properly completed | 22 | | affidavit, the Secretary of State
shall issue the driver a | 23 | | permit to operate a vehicle in connection with the
driver's | 24 | | regular occupation only. Unless the permit is issued by the
| 25 | | Secretary of State prior to the date of suspension, the | 26 | | privilege to drive
any motor vehicle shall be suspended as set |
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| 1 | | forth in the notice that was
mailed under this Section. If an | 2 | | affidavit is received subsequent to the
effective date of this | 3 | | suspension, a permit may be issued for the remainder
of the | 4 | | suspension period.
| 5 | | The provisions of this subparagraph shall not apply to any | 6 | | driver
required to possess a CDL for the purpose of operating a | 7 | | commercial motor vehicle.
| 8 | | Any person who falsely states any fact in the affidavit | 9 | | required
herein shall be guilty of perjury under Section 6-302 | 10 | | and upon conviction
thereof shall have all driving privileges | 11 | | revoked without further rights.
| 12 | | 3. At the conclusion of a hearing under Section 2-118 of | 13 | | this Code,
the Secretary of State shall either rescind or | 14 | | continue an order of
revocation or shall substitute an order of | 15 | | suspension; or, good
cause appearing therefor, rescind, | 16 | | continue, change, or extend the
order of suspension. If the | 17 | | Secretary of State does not rescind the order,
the Secretary | 18 | | may upon application,
to relieve undue hardship (as defined by | 19 | | the rules of the Secretary of State), issue
a restricted | 20 | | driving permit granting the privilege of driving a motor
| 21 | | vehicle between the petitioner's residence and petitioner's | 22 | | place of
employment or within the scope of the petitioner's | 23 | | employment related duties, or to
allow the petitioner to | 24 | | transport himself or herself, or a family member of the
| 25 | | petitioner's household to a medical facility, to receive | 26 | | necessary medical care, to allow the petitioner to transport |
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| 1 | | himself or herself to and from alcohol or drug
remedial or | 2 | | rehabilitative activity recommended by a licensed service | 3 | | provider, or to allow the petitioner to transport himself or | 4 | | herself or a family member of the petitioner's household to | 5 | | classes, as a student, at an accredited educational | 6 | | institution, or to allow the petitioner to transport children, | 7 | | elderly persons, or persons with disabilities who do not hold | 8 | | driving privileges and are living in the petitioner's household | 9 | | to and from daycare. The
petitioner must demonstrate that no | 10 | | alternative means of
transportation is reasonably available | 11 | | and that the petitioner will not endanger
the public safety or | 12 | | welfare.
| 13 | | (A) If a person's license or permit is revoked or | 14 | | suspended due to 2
or more convictions of violating Section | 15 | | 11-501 of this Code or a similar
provision of a local | 16 | | ordinance or a similar out-of-state offense, or Section 9-3 | 17 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 18 | | where the use of alcohol or other drugs is recited as an | 19 | | element of the offense, or a similar out-of-state offense, | 20 | | or a combination of these offenses, arising out
of separate | 21 | | occurrences, that person, if issued a restricted driving | 22 | | permit,
may not operate a vehicle unless it has been | 23 | | equipped with an ignition
interlock device as defined in | 24 | | Section 1-129.1.
| 25 | | (B) If a person's license or permit is revoked or | 26 | | suspended 2 or more
times due to any combination of: |
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| 1 | | (i) a single conviction of violating Section
| 2 | | 11-501 of this Code or a similar provision of a local | 3 | | ordinance or a similar
out-of-state offense or Section | 4 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 5 | | of 2012, where the use of alcohol or other drugs is | 6 | | recited as an element of the offense, or a similar | 7 | | out-of-state offense; or | 8 | | (ii) a statutory summary suspension or revocation | 9 | | under Section
11-501.1; or | 10 | | (iii) a suspension under Section 6-203.1; | 11 | | arising out of
separate occurrences; that person, if issued | 12 | | a restricted driving permit, may
not operate a vehicle | 13 | | unless it has been
equipped with an ignition interlock | 14 | | device as defined in Section 1-129.1. | 15 | | (B-5) If a person's license or permit is revoked or | 16 | | suspended due to a conviction for a violation of | 17 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 18 | | of Section 11-501 of this Code, or a similar provision of a | 19 | | local ordinance or similar out-of-state offense, that | 20 | | person, if issued a restricted driving permit, may not | 21 | | operate a vehicle unless it has been equipped with an | 22 | | ignition interlock device as defined in Section 1-129.1. | 23 | | (C)
The person issued a permit conditioned upon the use | 24 | | of an ignition interlock device must pay to the Secretary | 25 | | of State DUI Administration Fund an amount
not to exceed | 26 | | $30 per month. The Secretary shall establish by rule the |
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| 1 | | amount
and the procedures, terms, and conditions relating | 2 | | to these fees. | 3 | | (D) If the
restricted driving permit is issued for | 4 | | employment purposes, then the prohibition against | 5 | | operating a motor vehicle that is not equipped with an | 6 | | ignition interlock device does not apply to the operation | 7 | | of an occupational vehicle owned or
leased by that person's | 8 | | employer when used solely for employment purposes. For any | 9 | | person who, within a 5-year period, is convicted of a | 10 | | second or subsequent offense under Section 11-501 of this | 11 | | Code, or a similar provision of a local ordinance or | 12 | | similar out-of-state offense, this employment exemption | 13 | | does not apply until either a one-year period has elapsed | 14 | | during which that person had his or her driving privileges | 15 | | revoked or a one-year period has elapsed during which that | 16 | | person had a restricted driving permit which required the | 17 | | use of an ignition interlock device on every motor vehicle | 18 | | owned or operated by that person. | 19 | | (E) In each case the Secretary may issue a
restricted | 20 | | driving permit for a period deemed appropriate, except that | 21 | | all
permits shall expire no later than 2 years from the | 22 | | date of issuance. A
restricted driving permit issued under | 23 | | this Section shall be subject to
cancellation, revocation, | 24 | | and suspension by the Secretary of State in like
manner and | 25 | | for like cause as a driver's license issued under this Code | 26 | | may be
cancelled, revoked, or suspended; except that a |
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| 1 | | conviction upon one or more
offenses against laws or | 2 | | ordinances regulating the movement of traffic
shall be | 3 | | deemed sufficient cause for the revocation, suspension, or
| 4 | | cancellation of a restricted driving permit. The Secretary | 5 | | of State may, as
a condition to the issuance of a | 6 | | restricted driving permit, require the
applicant to | 7 | | participate in a designated driver remedial or | 8 | | rehabilitative
program. The Secretary of State is | 9 | | authorized to cancel a restricted
driving permit if the | 10 | | permit holder does not successfully complete the program.
| 11 | | (F) A person subject to the provisions of paragraph 4 | 12 | | of subsection (b) of Section 6-208 of this Code may make | 13 | | application for a restricted driving permit at a hearing | 14 | | conducted under Section 2-118 of this Code after the | 15 | | expiration of 5 years from the effective date of the most | 16 | | recent revocation or after 5 years from the date of release | 17 | | from a period of imprisonment resulting from a conviction | 18 | | of the most recent offense, whichever is later, provided | 19 | | the person, in addition to all other requirements of the | 20 | | Secretary, shows by clear and convincing evidence: | 21 | | (i) a minimum of 3 years of uninterrupted | 22 | | abstinence from alcohol and the unlawful use or | 23 | | consumption of cannabis under the Cannabis Control | 24 | | Act, a controlled substance under the Illinois | 25 | | Controlled Substances Act, an intoxicating compound | 26 | | under the Use of Intoxicating Compounds Act, or |
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| 1 | | methamphetamine under the Methamphetamine Control and | 2 | | Community Protection Act; and | 3 | | (ii) the successful completion of any | 4 | | rehabilitative treatment and involvement in any | 5 | | ongoing rehabilitative activity that may be | 6 | | recommended by a properly licensed service provider | 7 | | according to an assessment of the person's alcohol or | 8 | | drug use under Section 11-501.01 of this Code. | 9 | | In determining whether an applicant is eligible for a | 10 | | restricted driving permit under this subparagraph (F), the | 11 | | Secretary may consider any relevant evidence, including, | 12 | | but not limited to, testimony, affidavits, records, and the | 13 | | results of regular alcohol or drug tests. Persons subject | 14 | | to the provisions of paragraph 4 of subsection (b) of | 15 | | Section 6-208 of this Code and who have been convicted of | 16 | | more than one violation of paragraph (3), paragraph (4), or | 17 | | paragraph (5) of subsection (a) of Section 11-501 of this | 18 | | Code shall not be eligible to apply for a restricted | 19 | | driving permit under this subparagraph (F). | 20 | | A restricted driving permit issued under this | 21 | | subparagraph (F) shall provide that the holder may only | 22 | | operate motor vehicles equipped with an ignition interlock | 23 | | device as required under paragraph (2) of subsection (c) of | 24 | | Section 6-205 of this Code and subparagraph (A) of | 25 | | paragraph 3 of subsection (c) of this Section. The | 26 | | Secretary may revoke a restricted driving permit or amend |
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| 1 | | the conditions of a restricted driving permit issued under | 2 | | this subparagraph (F) if the holder operates a vehicle that | 3 | | is not equipped with an ignition interlock device, or for | 4 | | any other reason authorized under this Code. | 5 | | A restricted driving permit issued under this | 6 | | subparagraph (F) shall be revoked, and the holder barred | 7 | | from applying for or being issued a restricted driving | 8 | | permit in the future, if the holder is convicted of a | 9 | | violation of Section 11-501 of this Code, a similar | 10 | | provision of a local ordinance, or a similar offense in | 11 | | another state. | 12 | | (c-3) In the case of a suspension under paragraph 43 of | 13 | | subsection (a), reports received by the Secretary of State | 14 | | under this Section shall, except during the actual time the | 15 | | suspension is in effect, be privileged information and for use | 16 | | only by the courts, police officers, prosecuting authorities, | 17 | | the driver licensing administrator of any other state, the | 18 | | Secretary of State, or the parent or legal guardian of a driver | 19 | | under the age of 18. However, beginning January 1, 2008, if the | 20 | | person is a CDL holder, the suspension shall also be made | 21 | | available to the driver licensing administrator of any other | 22 | | state, the U.S. Department of Transportation, and the affected | 23 | | driver or motor
carrier or prospective motor carrier upon | 24 | | request.
| 25 | | (c-4) In the case of a suspension under paragraph 43 of | 26 | | subsection (a), the Secretary of State shall notify the person |
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| 1 | | by mail that his or her driving privileges and driver's license | 2 | | will be suspended one month after the date of the mailing of | 3 | | the notice.
| 4 | | (c-5) The Secretary of State may, as a condition of the | 5 | | reissuance of a
driver's license or permit to an applicant | 6 | | whose driver's license or permit has
been suspended before he | 7 | | or she reached the age of 21 years pursuant to any of
the | 8 | | provisions of this Section, require the applicant to | 9 | | participate in a
driver remedial education course and be | 10 | | retested under Section 6-109 of this
Code.
| 11 | | (d) This Section is subject to the provisions of the | 12 | | Drivers License
Compact.
| 13 | | (e) The Secretary of State shall not issue a restricted | 14 | | driving permit to
a person under the age of 16 years whose | 15 | | driving privileges have been suspended
or revoked under any | 16 | | provisions of this Code.
| 17 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 18 | | State may not issue a restricted driving permit for the | 19 | | operation of a commercial motor vehicle to a person holding a | 20 | | CDL whose driving privileges have been suspended, revoked, | 21 | | cancelled, or disqualified under any provisions of this Code. | 22 | | (g) The Secretary shall reinstate the driving privileges of | 23 | | a person whose driving privileges were suspended or revoked | 24 | | under this Section if the person shows that: | 25 | | (1) the suspension or revocation of the person's | 26 | | driving privileges vision resulted from an incident in |
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| 1 | | which the person's vision was impaired by the glare of the | 2 | | sun; | 3 | | (2) the incident would not have occurred but for the | 4 | | impairment of the person's vision by the glare of the sun; | 5 | | (3) there is no evidence that the person was, at the | 6 | | time of the incident, otherwise impaired, distracted, or | 7 | | inattentive in a manner that would constitute a violation | 8 | | of this Code or an ordinance; | 9 | | (4) other than any offenses for which the person was | 10 | | charged as a result of the incident, the person was not | 11 | | charged with any offense against a law or ordinance | 12 | | regulating the movement of traffic after the accident or in | 13 | | the 12-month period preceding the accident. | 14 | | (Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; | 15 | | 101-470, eff. 7-1-20; revised 9-23-19.) | 16 | | Section 95. No acceleration or delay. Where this Act makes | 17 | | changes in a statute that is represented in this Act by text | 18 | | that is not yet or no longer in effect (for example, a Section | 19 | | represented by multiple versions), the use of that text does | 20 | | not accelerate or delay the taking effect of (i) the changes | 21 | | made by this Act or (ii) provisions derived from any other | 22 | | Public Act.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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