Full Text of HB5897 98th General Assembly
HB5897enr 98TH GENERAL ASSEMBLY |
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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 | | Sections 6-113 and 6-201 as follows:
| 6 | | (625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
| 7 | | Sec. 6-113. Restricted licenses and permits.
| 8 | | (a) The Secretary of
State upon issuing a drivers license | 9 | | or permit shall have the authority
whenever good cause appears | 10 | | to impose restrictions suitable to the
licensee's driving | 11 | | ability with respect to the type of, or special
mechanical | 12 | | control devices required on, a motor vehicle which the
licensee | 13 | | may operate or such other restrictions applicable to the
| 14 | | licensee as the Secretary of State may determine to be | 15 | | appropriate to
assure the safe operation of a motor vehicle by | 16 | | the licensee.
| 17 | | (b) The Secretary of State may either issue a special | 18 | | restricted
license or permit or may set forth such restrictions | 19 | | upon the usual
license or permit form.
| 20 | | (c) The Secretary of State may issue a probationary license | 21 | | to a person
whose driving privileges have been suspended | 22 | | pursuant to subsection (d) of this
Section or subsection (a)(2) | 23 | | of Section 6-206 of this
Code. This subsection (c) does not |
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| 1 | | apply to any driver required to possess a CDL for the purpose | 2 | | of operating a commercial motor vehicle. The Secretary of State | 3 | | shall promulgate rules pursuant to the
Illinois Administrative | 4 | | Procedure Act, setting forth the conditions and
criteria for | 5 | | the issuance and cancellation of probationary licenses.
| 6 | | (d) The Secretary of State may upon receiving satisfactory | 7 | | evidence
of any violation of the restrictions of such license | 8 | | or permit suspend,
revoke or cancel the same without | 9 | | preliminary hearing, but the licensee or
permittee shall be | 10 | | entitled to a hearing as in the case of a suspension
or | 11 | | revocation.
| 12 | | (e) It is unlawful for any person to operate a motor | 13 | | vehicle in any
manner in violation of the restrictions imposed | 14 | | on a restricted license
or permit issued to him.
| 15 | | (f) Whenever the holder of a restricted driving permit is | 16 | | issued a citation
for any of the following offenses including | 17 | | similar local ordinances, the
restricted driving permit is | 18 | | immediately invalidated:
| 19 | | 1. Reckless homicide resulting from the operation of a | 20 | | motor vehicle;
| 21 | | 2. Violation of Section 11-501 of this Act relating to | 22 | | the operation of
a motor vehicle while under the influence | 23 | | of intoxicating liquor or narcotic
drugs;
| 24 | | 3. Violation of Section 11-401 of this Act relating to | 25 | | the offense of
leaving the scene of a traffic accident | 26 | | involving death or injury;
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| 1 | | 4. Violation of Section 11-504 of this Act relating to | 2 | | the offense of drag
racing; or
| 3 | | 5. Violation of Section 11-506 of this Act relating to | 4 | | the offense of street racing.
| 5 | | The police officer issuing the citation shall confiscate | 6 | | the restricted
driving permit and forward it, along with the | 7 | | citation, to the Clerk of
the Circuit Court of the county in | 8 | | which the citation was issued.
| 9 | | (g) The Secretary of State may issue a special restricted
| 10 | | license for a period of 48 12 months to individuals using | 11 | | vision aid
arrangements other than standard eyeglasses or | 12 | | contact lenses,
allowing the operation of a motor vehicle | 13 | | during nighttime hours.
The Secretary of State shall adopt | 14 | | rules defining the terms and
conditions by which the individual | 15 | | may obtain and renew this
special restricted license. At a | 16 | | minimum, all drivers must meet
the following requirements:
| 17 | | 1. Possess a valid driver's license and have operated a
| 18 | | motor vehicle during daylight hours for a period of 12 | 19 | | months
using vision aid arrangements other than standard | 20 | | eyeglasses
or contact lenses.
| 21 | | 2. Have a driving record that does not include any
| 22 | | traffic accidents that occurred during nighttime hours, | 23 | | for which the
driver has been found to be at fault, during | 24 | | the 12 months before he or she
applied for the special | 25 | | restricted license.
| 26 | | 3. Successfully complete a road test administered |
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| 1 | | during
nighttime hours.
| 2 | | The special restricted license holder must submit to the | 3 | | Secretary annually a vision specialist report from his or her | 4 | | ophthalmologist or optometrist that the special restricted | 5 | | license holder's vision has not changed. If the special | 6 | | restricted license holder fails to submit this vision | 7 | | specialist report the special restricted license shall be | 8 | | cancelled under Section 6-201 of this Code. | 9 | | At a minimum, all drivers renewing this license must meet | 10 | | the
following requirements:
| 11 | | 1. Successfully complete a road test administered | 12 | | during
nighttime hours.
| 13 | | 2. Have a driving record that does not include any
| 14 | | traffic accidents that occurred during nighttime hours, | 15 | | for which the
driver has been found to be at fault, during | 16 | | the 12 months before he or she
applied for
the special | 17 | | restricted license.
| 18 | | (h) Any driver issued a special restricted license as | 19 | | defined in
subsection (g) whose privilege to drive during | 20 | | nighttime hours has been
suspended due to an accident occurring | 21 | | during nighttime hours may request
a hearing as provided in | 22 | | Section 2-118 of this Code to contest that suspension.
If it is
| 23 | | determined that the accident for which the driver was at fault | 24 | | was not
influenced by the driver's use of vision aid | 25 | | arrangements other than standard
eyeglasses or contact lenses, | 26 | | the Secretary may reinstate that driver's
privilege to drive |
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| 1 | | during nighttime hours.
| 2 | | (Source: P.A. 97-229, eff. 7-28-11.)
| 3 | | (625 ILCS 5/6-201)
| 4 | | (Text of Section before amendment by P.A. 98-176 ) | 5 | | Sec. 6-201. Authority to cancel licenses and permits.
| 6 | | (a) The Secretary of State is authorized to cancel any | 7 | | license or permit
upon determining that the holder thereof:
| 8 | | 1. was not entitled to the issuance thereof hereunder; | 9 | | or
| 10 | | 2. failed to give the required or correct information | 11 | | in his
application; or
| 12 | | 3. failed to pay any fees, civil penalties owed to the | 13 | | Illinois Commerce
Commission, or taxes due under this Act | 14 | | and upon reasonable notice and demand;
or
| 15 | | 4. committed any fraud in the making of such | 16 | | application; or
| 17 | | 5. is ineligible therefor under the provisions of | 18 | | Section 6-103 of this
Act, as amended; or
| 19 | | 6. has refused or neglected to submit an alcohol, drug, | 20 | | and
intoxicating compound evaluation or to
submit to | 21 | | examination or re-examination as required under this Act; | 22 | | or
| 23 | | 7. has been convicted of violating the Cannabis Control | 24 | | Act,
the
Illinois Controlled Substances Act, the | 25 | | Methamphetamine Control and Community Protection Act, or |
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| 1 | | the Use of Intoxicating Compounds
Act while that individual | 2 | | was in actual physical
control of a motor vehicle. For | 3 | | purposes of this Section, any person placed on
probation | 4 | | under Section 10 of the Cannabis Control Act, Section 410 | 5 | | of the
Illinois Controlled Substances Act, or Section 70 of | 6 | | the Methamphetamine Control and Community Protection Act | 7 | | shall not be considered convicted. Any
person found guilty | 8 | | of this offense, while in actual physical control of a
| 9 | | motor vehicle, shall have an entry made in the court record | 10 | | by the
judge that this offense did occur while the person | 11 | | was in actual
physical control of a motor vehicle and order | 12 | | the clerk of the court to report
the violation to the | 13 | | Secretary of State as such. After the cancellation, the
| 14 | | Secretary of State shall not issue a new license or permit | 15 | | for a period of one
year after the date of cancellation. | 16 | | However, upon application, the Secretary
of State may, if | 17 | | satisfied that the person applying will not endanger the
| 18 | | public safety, or welfare, issue a restricted driving | 19 | | permit granting the
privilege of driving a motor vehicle | 20 | | between the petitioner's residence and
petitioner's place | 21 | | of employment or within the scope of the petitioner's | 22 | | employment
related duties, or to allow transportation for
| 23 | | the petitioner or a household member of the petitioner's | 24 | | family for the receipt of
necessary medical care, or | 25 | | provide transportation for the petitioner to and from | 26 | | alcohol or drug remedial or
rehabilitative activity |
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| 1 | | recommended by a licensed service provider, or for the | 2 | | petitioner to attend classes, as a student,
in an | 3 | | accredited educational institution. The petitioner must
| 4 | | demonstrate that no alternative means of transportation is | 5 | | reasonably
available; provided that the Secretary's | 6 | | discretion shall be limited to
cases where undue hardship, | 7 | | as defined by the rules of the Secretary of State, would | 8 | | result from a failure to issue such
restricted driving | 9 | | permit. In each case the Secretary of State may issue
such | 10 | | restricted driving permit for such period as he deems | 11 | | appropriate,
except that such permit shall expire within | 12 | | one year from the date of
issuance. A restricted driving | 13 | | permit issued hereunder shall be subject to
cancellation, | 14 | | revocation and suspension by the Secretary of State in like
| 15 | | manner and for like cause as a driver's license issued | 16 | | hereunder may be
cancelled, revoked or suspended; except | 17 | | that a conviction upon one or more
offenses against laws or | 18 | | ordinances regulating the movement of traffic
shall be | 19 | | deemed sufficient cause for the revocation, suspension or
| 20 | | cancellation of a restricted driving permit. The Secretary | 21 | | of State may,
as a condition to the issuance of a | 22 | | restricted driving permit, require the
applicant to | 23 | | participate in a driver remedial or rehabilitative
| 24 | | program. In accordance with 49 C.F.R. 384, the Secretary of | 25 | | State may not issue a restricted driving permit for the | 26 | | operation of a commercial motor vehicle to a person holding |
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| 1 | | a CDL whose driving privileges have been revoked, | 2 | | suspended, cancelled, or disqualified under this Code; or
| 3 | | 8. failed to submit a report as required by Section | 4 | | 6-116.5 of this
Code; or
| 5 | | 9. has been convicted of a sex offense as defined in | 6 | | the Sex Offender Registration Act. The driver's license | 7 | | shall remain cancelled until the driver registers as a sex | 8 | | offender as required by the Sex Offender Registration Act, | 9 | | proof of the registration is furnished to the Secretary of | 10 | | State and the sex offender provides proof of current | 11 | | address to the Secretary; or
| 12 | | 10. is ineligible for a license or permit under Section | 13 | | 6-107, 6-107.1, or
6-108 of this Code; or
| 14 | | 11. refused or neglected to appear at a Driver Services | 15 | | facility to have the license or permit corrected and a new | 16 | | license or permit issued or to present documentation for | 17 | | verification of identity; or
| 18 | | 12. failed to submit a medical examiner's certificate | 19 | | or medical variance as required by 49 C.F.R. 383.71 or | 20 | | submitted a fraudulent medical examiner's certificate or | 21 | | medical variance; or | 22 | | 13. has had his or her medical examiner's certificate, | 23 | | medical variance, or both removed or rescinded by the | 24 | | Federal Motor Carrier Safety Administration; or | 25 | | 14. failed to self-certify as to the type of driving in | 26 | | which the CDL driver engages or expects to engage; or |
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| 1 | | 15. has submitted acceptable documentation indicating | 2 | | out-of-state residency to the Secretary of State to be | 3 | | released from the requirement of showing proof of financial | 4 | | responsibility in this State. | 5 | | (b) Upon such cancellation the licensee or permittee must | 6 | | surrender the
license or permit so cancelled to the Secretary | 7 | | of State.
| 8 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 9 | | Secretary of State
shall have exclusive authority to grant, | 10 | | issue, deny, cancel, suspend and
revoke driving privileges, | 11 | | drivers' licenses and restricted driving permits.
| 12 | | (d) The Secretary of State may adopt rules to implement | 13 | | this Section.
| 14 | | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | 15 | | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-178, eff. | 16 | | 1-1-14.) | 17 | | (Text of Section after amendment by P.A. 98-176 )
| 18 | | Sec. 6-201. Authority to cancel licenses and permits.
| 19 | | (a) The Secretary of State is authorized to cancel any | 20 | | license or permit
upon determining that the holder thereof:
| 21 | | 1. was not entitled to the issuance thereof hereunder; | 22 | | or
| 23 | | 2. failed to give the required or correct information | 24 | | in his
application; or
| 25 | | 3. failed to pay any fees, civil penalties owed to the |
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| 1 | | Illinois Commerce
Commission, or taxes due under this Act | 2 | | and upon reasonable notice and demand;
or
| 3 | | 4. committed any fraud in the making of such | 4 | | application; or
| 5 | | 5. is ineligible therefor under the provisions of | 6 | | Section 6-103 of this
Act, as amended; or
| 7 | | 6. has refused or neglected to submit an alcohol, drug, | 8 | | and
intoxicating compound evaluation or to
submit to | 9 | | examination or re-examination as required under this Act; | 10 | | or
| 11 | | 7. has been convicted of violating the Cannabis Control | 12 | | Act,
the
Illinois Controlled Substances Act, the | 13 | | Methamphetamine Control and Community Protection Act, or | 14 | | the Use of Intoxicating Compounds
Act while that individual | 15 | | was in actual physical
control of a motor vehicle. For | 16 | | purposes of this Section, any person placed on
probation | 17 | | under Section 10 of the Cannabis Control Act, Section 410 | 18 | | of the
Illinois Controlled Substances Act, or Section 70 of | 19 | | the Methamphetamine Control and Community Protection Act | 20 | | shall not be considered convicted. Any
person found guilty | 21 | | of this offense, while in actual physical control of a
| 22 | | motor vehicle, shall have an entry made in the court record | 23 | | by the
judge that this offense did occur while the person | 24 | | was in actual
physical control of a motor vehicle and order | 25 | | the clerk of the court to report
the violation to the | 26 | | Secretary of State as such. After the cancellation, the
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| 1 | | Secretary of State shall not issue a new license or permit | 2 | | for a period of one
year after the date of cancellation. | 3 | | However, upon application, the Secretary
of State may, if | 4 | | satisfied that the person applying will not endanger the
| 5 | | public safety, or welfare, issue a restricted driving | 6 | | permit granting the
privilege of driving a motor vehicle | 7 | | between the petitioner's residence and
petitioner's place | 8 | | of employment or within the scope of the petitioner's | 9 | | employment
related duties, or to allow transportation for
| 10 | | the petitioner or a household member of the petitioner's | 11 | | family for the receipt of
necessary medical care, or | 12 | | provide transportation for the petitioner to and from | 13 | | alcohol or drug remedial or
rehabilitative activity | 14 | | recommended by a licensed service provider, or for the | 15 | | petitioner to attend classes, as a student,
in an | 16 | | accredited educational institution. The petitioner must
| 17 | | demonstrate that no alternative means of transportation is | 18 | | reasonably
available; provided that the Secretary's | 19 | | discretion shall be limited to
cases where undue hardship, | 20 | | as defined by the rules of the Secretary of State, would | 21 | | result from a failure to issue such
restricted driving | 22 | | permit. In each case the Secretary of State may issue
such | 23 | | restricted driving permit for such period as he deems | 24 | | appropriate,
except that such permit shall expire within | 25 | | one year from the date of
issuance. A restricted driving | 26 | | permit issued hereunder shall be subject to
cancellation, |
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| 1 | | revocation and suspension by the Secretary of State in like
| 2 | | manner and for like cause as a driver's license issued | 3 | | hereunder may be
cancelled, revoked or suspended; except | 4 | | that a conviction upon one or more
offenses against laws or | 5 | | ordinances regulating the movement of traffic
shall be | 6 | | deemed sufficient cause for the revocation, suspension or
| 7 | | cancellation of a restricted driving permit. The Secretary | 8 | | of State may,
as a condition to the issuance of a | 9 | | restricted driving permit, require the
applicant to | 10 | | participate in a driver remedial or rehabilitative
| 11 | | program. In accordance with 49 C.F.R. 384, the Secretary of | 12 | | State may not issue a restricted driving permit for the | 13 | | operation of a commercial motor vehicle to a person holding | 14 | | a CDL whose driving privileges have been revoked, | 15 | | suspended, cancelled, or disqualified under this Code; or
| 16 | | 8. failed to submit a report as required by Section | 17 | | 6-116.5 of this
Code; or
| 18 | | 9. has been convicted of a sex offense as defined in | 19 | | the Sex Offender Registration Act. The driver's license | 20 | | shall remain cancelled until the driver registers as a sex | 21 | | offender as required by the Sex Offender Registration Act, | 22 | | proof of the registration is furnished to the Secretary of | 23 | | State and the sex offender provides proof of current | 24 | | address to the Secretary; or
| 25 | | 10. is ineligible for a license or permit under Section | 26 | | 6-107, 6-107.1, or
6-108 of this Code; or
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| 1 | | 11. refused or neglected to appear at a Driver Services | 2 | | facility to have the license or permit corrected and a new | 3 | | license or permit issued or to present documentation for | 4 | | verification of identity; or
| 5 | | 12. failed to submit a medical examiner's certificate | 6 | | or medical variance as required by 49 C.F.R. 383.71 or | 7 | | submitted a fraudulent medical examiner's certificate or | 8 | | medical variance; or | 9 | | 13. has had his or her medical examiner's certificate, | 10 | | medical variance, or both removed or rescinded by the | 11 | | Federal Motor Carrier Safety Administration; or | 12 | | 14. failed to self-certify as to the type of driving in | 13 | | which the CDL driver engages or expects to engage; or | 14 | | 15. has submitted acceptable documentation indicating | 15 | | out-of-state residency to the Secretary of State to be | 16 | | released from the requirement of showing proof of financial | 17 | | responsibility in this State ; or . | 18 | | 16. 15. was convicted of fraud relating to the testing | 19 | | or issuance of a CDL or CLP, in which case only the CDL or | 20 | | CLP shall be cancelled. After cancellation, the Secretary | 21 | | shall not issue a CLP or CDL for a period of one year from | 22 | | the date of cancellation ; or . | 23 | | 17. has a special restricted license under subsection | 24 | | (g) of Section 6-113 of this Code and failed to submit the | 25 | | required annual vision specialist report that the special | 26 | | restricted license holder's vision has not changed; or |
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| 1 | | 18. has a special restricted license under subsection | 2 | | (g) of Section 6-113 of this Code and was convicted or | 3 | | received court supervision for a violation of this Code | 4 | | that occurred during nighttime hours or was involved in a | 5 | | motor vehicle accident during nighttime hours in which the | 6 | | restricted license holder was at fault. | 7 | | (b) Upon such cancellation the licensee or permittee must | 8 | | surrender the
license or permit so cancelled to the Secretary | 9 | | of State.
| 10 | | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | 11 | | Secretary of State
shall have exclusive authority to grant, | 12 | | issue, deny, cancel, suspend and
revoke driving privileges, | 13 | | drivers' licenses and restricted driving permits.
| 14 | | (d) The Secretary of State may adopt rules to implement | 15 | | this Section.
| 16 | | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | 17 | | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176, eff. | 18 | | 7-1-14; 98-178, eff. 1-1-14; revised 9-19-13.)
| 19 | | Section 95. No acceleration or delay. Where this Act makes | 20 | | changes in a statute that is represented in this Act by text | 21 | | that is not yet or no longer in effect (for example, a Section | 22 | | represented by multiple versions), the use of that text does | 23 | | not accelerate or delay the taking effect of (i) the changes | 24 | | made by this Act or (ii) provisions derived from any other | 25 | | Public Act.
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