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90_HB2509
625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
625 ILCS 5/11-503.5 new
Amends the Illinois Vehicle Code. Provides that a person
who intentionally drives his or her vehicle in such a manner
as to endanger the bodily safety or property of another
driver, bicyclist, or pedestrian commits road rage. Penalty
is a Class A misdemeanor. If the violation results in great
bodily harm or permanent disfigurement to another, the
offense is aggravated road rage and the penalty is a Class 4
felony. Provides that the Secretary of State shall revoke
the driver's license of a person convicted of road rage or
aggravated road rage. Effective July 1, 1998.
LRB9008408RCpcA
LRB9008408RCpcA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-205 and adding Section 11-503.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-205 and adding Section 11-503.5 as
7 follows:
8 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
9 Sec. 6-205. Mandatory revocation of license or permit;
10 Hardship cases.
11 (a) Except as provided in this Section, the Secretary of
12 State shall immediately revoke the license or permit of any
13 driver upon receiving a report of the driver's conviction of
14 any of the following offenses:
15 1. Reckless homicide resulting from the operation
16 of a motor vehicle;
17 2. Violation of Section 11-501 of this Code or a
18 similar provision of a local ordinance relating to the
19 offense of operating or being in physical control of a
20 vehicle while under the influence of alcohol, other drug,
21 or combination of both;
22 3. Any felony under the laws of any State or the
23 federal government in the commission of which a motor
24 vehicle was used;
25 4. Violation of Section 11-401 of this Code
26 relating to the offense of leaving the scene of a traffic
27 accident involving death or personal injury;
28 5. Perjury or the making of a false affidavit or
29 statement under oath to the Secretary of State under this
30 Code or under any other law relating to the ownership or
31 operation of motor vehicles;
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1 6. Conviction upon 3 charges of violation of
2 Section 11-503 of this Code relating to the offense of
3 reckless driving committed within a period of 12 months;
4 7. Conviction of the offense of automobile theft as
5 defined in Section 4-102 of this Code;
6 8. Violation of Section 11-504 of this Code
7 relating to the offense of drag racing;
8 9. Violation of Chapters 8 and 9 of this Code;
9 10. Violation of Section 12-5 of the Criminal Code
10 of 1961 arising from the use of a motor vehicle;
11 11. Violation of Section 11-204.1 of this Code
12 relating to aggravated fleeing or attempting to elude a
13 police officer;
14 12. Violation of paragraph (1) of subsection (b) of
15 Section 6-507, or a similar law of any other state,
16 relating to the unlawful operation of a commercial motor
17 vehicle;
18 13. Violation of paragraph (a) of Section 11-502 of
19 this Code or a similar provision of a local ordinance if
20 the driver has been previously convicted of a violation
21 of that Section or a similar provision of a local
22 ordinance and the driver was less than 21 years of age at
23 the time of the offense; .
24 14. Violation of Section 11-503.5 of this Code
25 relating to road rage and aggravated road rage or a
26 similar provision of a local ordinance.
27 (b) The Secretary of State shall also immediately revoke
28 the license or permit of any driver in the following
29 situations:
30 1. Of any minor upon receiving the notice provided
31 for in Section 1-8 of the Juvenile Court Act of 1987 that
32 the minor has been adjudicated under that Act as having
33 committed an offense relating to motor vehicles
34 prescribed in Section 4-103 of this Code;
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1 2. Of any person when any other law of this State
2 requires either the revocation or suspension of a license
3 or permit.
4 (c) Whenever a person is convicted of any of the
5 offenses enumerated in this Section, the court may recommend
6 and the Secretary of State in his discretion, without regard
7 to whether the recommendation is made by the court, may, upon
8 application, issue to the person a restricted driving permit
9 granting the privilege of driving a motor vehicle between the
10 petitioner's residence and petitioner's place of employment
11 or within the scope of the petitioner's employment related
12 duties, or to allow transportation for the petitioner or a
13 household member of the petitioner's family for the receipt
14 of necessary medical care or, if the professional evaluation
15 indicates, provide transportation for the petitioner for
16 alcohol remedial or rehabilitative activity, or for the
17 petitioner to attend classes, as a student, in an accredited
18 educational institution; if the petitioner is able to
19 demonstrate that no alternative means of transportation is
20 reasonably available and the petitioner will not endanger the
21 public safety or welfare; provided that the Secretary's
22 discretion shall be limited to cases where undue hardship
23 would result from a failure to issue the restricted driving
24 permit. In each case the Secretary of State may issue a
25 restricted driving permit for a period he deems appropriate,
26 except that the permit shall expire within one year from the
27 date of issuance. A restricted driving permit issued under
28 this Section shall be subject to cancellation, revocation,
29 and suspension by the Secretary of State in like manner and
30 for like cause as a driver's license issued under this Code
31 may be cancelled, revoked, or suspended; except that a
32 conviction upon one or more offenses against laws or
33 ordinances regulating the movement of traffic shall be deemed
34 sufficient cause for the revocation, suspension, or
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1 cancellation of a restricted driving permit. The Secretary of
2 State may, as a condition to the issuance of a restricted
3 driving permit, require the applicant to participate in a
4 designated driver remedial or rehabilitative program. The
5 Secretary of State is authorized to cancel a restricted
6 driving permit if the permit holder does not successfully
7 complete the program. However, if an individual's driving
8 privileges have been revoked in accordance with paragraph 13
9 of subsection (a) of this Section, no restricted driving
10 permit shall be issued until the individual has served 6
11 months of the revocation period.
12 (d) Whenever a person under the age of 21 is convicted
13 under Section 11-501 of this Code or a similar provision of a
14 local ordinance, the Secretary of State shall revoke the
15 driving privileges of that person. One year after the date
16 of revocation, and upon application, the Secretary of State
17 may, if satisfied that the person applying will not endanger
18 the public safety or welfare, issue a restricted driving
19 permit granting the privilege of driving a motor vehicle only
20 between the hours of 5 a.m. and 9 p.m. or as otherwise
21 provided by this Section for a period of one year. After
22 this one year period, and upon reapplication for a license as
23 provided in Section 6-106, upon payment of the appropriate
24 reinstatement fee provided under paragraph (b) of Section
25 6-118, the Secretary of State, in his discretion, may issue
26 the applicant a license, or extend the restricted driving
27 permit as many times as the Secretary of State deems
28 appropriate, by additional periods of not more than 12 months
29 each, until the applicant attains 21 years of age. A
30 restricted driving permit issued under this Section shall be
31 subject to cancellation, revocation, and suspension by the
32 Secretary of State in like manner and for like cause as a
33 driver's license issued under this Code may be cancelled,
34 revoked, or suspended; except that a conviction upon one or
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1 more offenses against laws or ordinances regulating the
2 movement of traffic shall be deemed sufficient cause for the
3 revocation, suspension, or cancellation of a restricted
4 driving permit. Any person under 21 years of age who has a
5 driver's license revoked for a second or subsequent
6 conviction for driving under the influence, prior to the age
7 of 21, shall not be eligible to submit an application for a
8 full reinstatement of driving privileges or a restricted
9 driving permit until age 21 or one additional year from the
10 date of the latest such revocation, whichever is the longer.
11 The revocation periods contained in this subparagraph shall
12 apply to similar out-of-state convictions.
13 (e) This Section is subject to the provisions of the
14 Driver License Compact.
15 (f) Any revocation imposed upon any person under
16 subsections 2 and 3 of paragraph (b) that is in effect on
17 December 31, 1988 shall be converted to a suspension for a
18 like period of time.
19 (g) The Secretary of State shall not issue a restricted
20 driving permit to a person under the age of 16 years whose
21 driving privileges have been revoked under any provisions of
22 this Code.
23 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
24 89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
25 (625 ILCS 5/11-503.5 new)
26 Sec. 11-503.5. Road rage.
27 (a) Any person who intentionally drives his or her
28 vehicle in such a manner as to endanger the bodily safety or
29 property of another driver, bicyclist, or pedestrian is
30 guilty of road rage.
31 (b) Road rage is a Class A misdemeanor, except as
32 provided in subsection (c) of this Section.
33 (c) (1) Every person convicted of committing a violation
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1 of subsection (a) of this Section is guilty of aggravated
2 road rage if the violation results in great bodily harm or
3 permanent disfigurement to another.
4 (2) Aggravated road rage is a Class 4 felony.
5 Section 99. Effective date. This Act takes effect July
6 1, 1998.