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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_HB2509ham002
LRB9008408RCksam01
1 AMENDMENT TO HOUSE BILL 2509
2 AMENDMENT NO. . Amend House Bill 2509, AS AMENDED,
3 with reference to the page and line numbers of House
4 Amendment No. 1, on page 1, lines 5 and 10, by inserting
5 after "6-204" wherever it appears the following:
6 ", 6-205,"; and
7 on page 6, by inserting between lines 27 and 28 the
8 following:
9 "(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
10 Sec. 6-205. Mandatory revocation of license or permit;
11 Hardship cases.
12 (a) Except as provided in this Section, the Secretary of
13 State shall immediately revoke the license or permit of any
14 driver upon receiving a report of the driver's conviction of
15 any of the following offenses:
16 1. Reckless homicide resulting from the operation
17 of a motor vehicle;
18 2. Violation of Section 11-501 of this Code or a
19 similar provision of a local ordinance relating to the
20 offense of operating or being in physical control of a
21 vehicle while under the influence of alcohol, other drug,
22 or combination of both;
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1 3. Any felony under the laws of any State or the
2 federal government in the commission of which a motor
3 vehicle was used;
4 4. Violation of Section 11-401 of this Code
5 relating to the offense of leaving the scene of a traffic
6 accident involving death or personal injury;
7 5. Perjury or the making of a false affidavit or
8 statement under oath to the Secretary of State under this
9 Code or under any other law relating to the ownership or
10 operation of motor vehicles;
11 6. Conviction upon 3 charges of violation of
12 Section 11-503 of this Code relating to the offense of
13 reckless driving committed within a period of 12 months;
14 7. Conviction of the offense of automobile theft as
15 defined in Section 4-102 of this Code;
16 8. Violation of Section 11-504 of this Code
17 relating to the offense of drag racing;
18 9. Violation of Chapters 8 and 9 of this Code;
19 10. Violation of Section 12-5 of the Criminal Code
20 of 1961 arising from the use of a motor vehicle;
21 11. Violation of Section 11-204.1 of this Code
22 relating to aggravated fleeing or attempting to elude a
23 police officer;
24 12. Violation of paragraph (1) of subsection (b) of
25 Section 6-507, or a similar law of any other state,
26 relating to the unlawful operation of a commercial motor
27 vehicle;
28 13. Violation of paragraph (a) of Section 11-502 of
29 this Code or a similar provision of a local ordinance if
30 the driver has been previously convicted of a violation
31 of that Section or a similar provision of a local
32 ordinance and the driver was less than 21 years of age at
33 the time of the offense;.
34 14. Conviction upon 2 charges of violation of
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1 Section 11-503.5 of this Code relating to the offense of
2 road rage committed within a period of 12 months.
3 (b) The Secretary of State shall also immediately revoke
4 the license or permit of any driver in the following
5 situations:
6 1. Of any minor upon receiving the notice provided
7 for in Section 1-8 of the Juvenile Court Act of 1987 that
8 the minor has been adjudicated under that Act as having
9 committed an offense relating to motor vehicles
10 prescribed in Section 4-103 of this Code;
11 2. Of any person when any other law of this State
12 requires either the revocation or suspension of a license
13 or permit.
14 (c) Whenever a person is convicted of any of the
15 offenses enumerated in this Section, the court may recommend
16 and the Secretary of State in his discretion, without regard
17 to whether the recommendation is made by the court, may, upon
18 application, issue to the person a restricted driving permit
19 granting the privilege of driving a motor vehicle between the
20 petitioner's residence and petitioner's place of employment
21 or within the scope of the petitioner's employment related
22 duties, or to allow transportation for the petitioner or a
23 household member of the petitioner's family for the receipt
24 of necessary medical care or, if the professional evaluation
25 indicates, provide transportation for the petitioner for
26 alcohol remedial or rehabilitative activity, or for the
27 petitioner to attend classes, as a student, in an accredited
28 educational institution; if the petitioner is able to
29 demonstrate that no alternative means of transportation is
30 reasonably available and the petitioner will not endanger the
31 public safety or welfare; provided that the Secretary's
32 discretion shall be limited to cases where undue hardship
33 would result from a failure to issue the restricted driving
34 permit. In each case the Secretary of State may issue a
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1 restricted driving permit for a period he deems appropriate,
2 except that the permit shall expire within one year from the
3 date of issuance. A restricted driving permit issued under
4 this Section shall be subject to cancellation, revocation,
5 and suspension by the Secretary of State in like manner and
6 for like cause as a driver's license issued under this Code
7 may be cancelled, revoked, or suspended; except that a
8 conviction upon one or more offenses against laws or
9 ordinances regulating the movement of traffic shall be deemed
10 sufficient cause for the revocation, suspension, or
11 cancellation of a restricted driving permit. The Secretary of
12 State may, as a condition to the issuance of a restricted
13 driving permit, require the applicant to participate in a
14 designated driver remedial or rehabilitative program. The
15 Secretary of State is authorized to cancel a restricted
16 driving permit if the permit holder does not successfully
17 complete the program. However, if an individual's driving
18 privileges have been revoked in accordance with paragraph 13
19 of subsection (a) of this Section, no restricted driving
20 permit shall be issued until the individual has served 6
21 months of the revocation period.
22 (d) Whenever a person under the age of 21 is convicted
23 under Section 11-501 of this Code or a similar provision of a
24 local ordinance, the Secretary of State shall revoke the
25 driving privileges of that person. One year after the date
26 of revocation, and upon application, the Secretary of State
27 may, if satisfied that the person applying will not endanger
28 the public safety or welfare, issue a restricted driving
29 permit granting the privilege of driving a motor vehicle only
30 between the hours of 5 a.m. and 9 p.m. or as otherwise
31 provided by this Section for a period of one year. After
32 this one year period, and upon reapplication for a license as
33 provided in Section 6-106, upon payment of the appropriate
34 reinstatement fee provided under paragraph (b) of Section
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1 6-118, the Secretary of State, in his discretion, may issue
2 the applicant a license, or extend the restricted driving
3 permit as many times as the Secretary of State deems
4 appropriate, by additional periods of not more than 12 months
5 each, until the applicant attains 21 years of age. A
6 restricted driving permit issued under this Section shall be
7 subject to cancellation, revocation, and suspension by the
8 Secretary of State in like manner and for like cause as a
9 driver's license issued under this Code may be cancelled,
10 revoked, or suspended; except that a conviction upon one or
11 more offenses against laws or ordinances regulating the
12 movement of traffic shall be deemed sufficient cause for the
13 revocation, suspension, or cancellation of a restricted
14 driving permit. Any person under 21 years of age who has a
15 driver's license revoked for a second or subsequent
16 conviction for driving under the influence, prior to the age
17 of 21, shall not be eligible to submit an application for a
18 full reinstatement of driving privileges or a restricted
19 driving permit until age 21 or one additional year from the
20 date of the latest such revocation, whichever is the longer.
21 The revocation periods contained in this subparagraph shall
22 apply to similar out-of-state convictions.
23 (e) This Section is subject to the provisions of the
24 Driver License Compact.
25 (f) Any revocation imposed upon any person under
26 subsections 2 and 3 of paragraph (b) that is in effect on
27 December 31, 1988 shall be converted to a suspension for a
28 like period of time.
29 (g) The Secretary of State shall not issue a restricted
30 driving permit to a person under the age of 16 years whose
31 driving privileges have been revoked under any provisions of
32 this Code.
33 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
34 89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)"; and
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1 on page 15, by replacing lines 28 through 31 with the
2 following:
3 "(a) Any person who intentionally with malice uses any
4 vehicle in such an unlawful manner as to endanger the bodily
5 safety or property of another driver, bicyclist, or
6 pedestrian is guilty of road rage."; and
7 on page 16, line 5, by replacing "felony." with the
8 following:
9 "felony for which the offender shall be mandatorily sentenced
10 to a minimum of 48 consecutive hours of imprisonment. This
11 imprisonment shall not be subject to suspension, nor shall
12 the offender be eligible for probation in order to reduce the
13 sentence."; and
14 on page 16, by replacing lines 8 through 12 with the
15 following:
16 "(a) Any person who operates any vehicle carelessly or
17 heedlessly without watchful attention, concern, caution, or
18 regard for the rights or safety of others, or in a manner
19 that endangers or is likely to endanger any property or any
20 person, including the driver or passengers of the vehicle, is
21 guilty of aggressive driving."; and
22 on page 17, lines 3 and 4 by replacing "July 1, 1998" with
23 "January 1, 1999".