State of Illinois
90th General Assembly
Legislation

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90_HB3039

      625 ILCS 5/6-206          from Ch. 95 1/2, par. 6-206
          Amends  the  Illinois  Vehicle  Code  to  authorize   the
      Secretary  of  State  to  suspend  for  6  months the driving
      privileges of a school student who has violated a weapons law
      or committed a crime of violence in school upon the  regional
      superintendent  of  schools  certifying  to  the Secretary of
      State that the student violated one of these laws.
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 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 6-206.
 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 6-206 as follows:
 7        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
 8        Sec. 6-206.  Discretionary authority to suspend or revoke
 9    license or permit; Right to a hearing.
10        (a)  The  Secretary  of State is authorized to suspend or
11    revoke  the  driving  privileges  of   any   person   without
12    preliminary hearing upon a showing of the person's records or
13    other sufficient evidence that the person:
14             1.  Has  committed  an  offense  for which mandatory
15        revocation of a driver's license or  permit  is  required
16        upon conviction;
17             2.  Has  been  convicted of not less than 3 offenses
18        against traffic regulations  governing  the  movement  of
19        vehicles  committed  within  any  12  month  period.   No
20        revocation  or  suspension  shall  be entered more than 6
21        months after the date of last conviction;
22             3.  Has been repeatedly  involved  as  a  driver  in
23        motor vehicle collisions or has been repeatedly convicted
24        of  offenses  against  laws and ordinances regulating the
25        movement of traffic, to a degree that indicates  lack  of
26        ability  to  exercise ordinary and reasonable care in the
27        safe operation of a motor vehicle or disrespect  for  the
28        traffic  laws  and  the  safety of other persons upon the
29        highway;
30             4.  Has by the unlawful operation of a motor vehicle
31        caused or contributed to an accident resulting  in  death
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 1        or injury requiring immediate professional treatment in a
 2        medical facility or doctor's office to any person, except
 3        that   any   suspension  or  revocation  imposed  by  the
 4        Secretary  of  State  under  the   provisions   of   this
 5        subsection shall start no later than 6 months after being
 6        convicted  of violating a law or ordinance regulating the
 7        movement of traffic, which violation is  related  to  the
 8        accident, or shall start not more than one year after the
 9        date of the accident, whichever date occurs later;
10             5.  Has permitted an unlawful or fraudulent use of a
11        driver's license, identification card, or permit;
12             6.  Has  been  lawfully  convicted  of an offense or
13        offenses in another state,  including  the  authorization
14        contained  in  Section 6-203.1, which if committed within
15        this State would be grounds for suspension or revocation;
16             7.  Has  refused  or  failed   to   submit   to   an
17        examination  provided  for by Section 6-207 or has failed
18        to pass the examination;
19             8.  Is ineligible for a driver's license  or  permit
20        under the provisions of Section 6-103;
21             9.  Has   made   a   false  statement  or  knowingly
22        concealed a material fact or has used  false  information
23        or  identification  in  any  application  for  a license,
24        identification card, or permit;
25             10.  Has  possessed,  displayed,  or  attempted   to
26        fraudulently  use  any  license,  identification card, or
27        permit not issued to the person;
28             11.  Has operated a motor vehicle upon a highway  of
29        this   State  when  the  person's  driving  privilege  or
30        privilege to obtain a  driver's  license  or  permit  was
31        revoked  or suspended unless the operation was authorized
32        by a judicial driving  permit,  probationary  license  to
33        drive,  or  a restricted driving permit issued under this
34        Code;
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 1             12.  Has submitted to any portion of the application
 2        process for another person or has obtained  the  services
 3        of  another  person  to  submit  to  any  portion  of the
 4        application  process  for  the  purpose  of  obtaining  a
 5        license, identification card, or permit  for  some  other
 6        person;
 7             13.  Has  operated a motor vehicle upon a highway of
 8        this State when the person's driver's license  or  permit
 9        was  invalid under the provisions of Sections 6-107.1 and
10        6-110;
11             14.  Has committed a  violation  of  Section  6-301,
12        6-301.1,  or  6-301.2 of this Act, or Section 14, 14A, or
13        14B of the Illinois Identification Card Act;
14             15.  Has been convicted of violating Section 21-2 of
15        the Criminal Code of 1961 relating to  criminal  trespass
16        to  vehicles  in  which case, the suspension shall be for
17        one year;
18             16.  Has been convicted of violating Section  11-204
19        of this Code relating to fleeing from a police officer;
20             17.  Has  refused  to submit to a test, or tests, as
21        required under Section 11-501.1  of  this  Code  and  the
22        person  has  not  sought  a  hearing  as  provided for in
23        Section 11-501.1;
24             18.  Has, since issuance of a  driver's  license  or
25        permit,  been  adjudged to be afflicted with or suffering
26        from any mental disability or disease;
27             19.  Has committed a violation of paragraph  (a)  or
28        (b)  of  Section  6-101  relating  to  driving  without a
29        driver's license;
30             20.  Has been convicted of violating  Section  6-104
31        relating to classification of driver's license;
32             21.  Has  been convicted of violating Section 11-402
33        of this Code relating to leaving the scene of an accident
34        resulting in damage to a vehicle in excess of $1,000,  in
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 1        which case the suspension shall be for one year;
 2             22.  Has used a motor vehicle in violating paragraph
 3        (3),  (4),  (7), or (9) of subsection (a) of Section 24-1
 4        of the Criminal Code of 1961 relating to unlawful use  of
 5        weapons,  in  which  case the suspension shall be for one
 6        year;
 7             23.  Has, as a driver, been convicted of  committing
 8        a  violation  of  paragraph (a) of Section 11-502 of this
 9        Code for a second or subsequent time within one year of a
10        similar violation;
11             24.  Has  been  convicted  by  a  court-martial   or
12        punished   by   non-judicial   punishment   by   military
13        authorities   of   the   United   States  at  a  military
14        installation in Illinois of  or  for  a  traffic  related
15        offense  that  is  the  same  as or similar to an offense
16        specified under Section 6-205 or 6-206 of this Code;
17             25.  Has permitted any form of identification to  be
18        used  by  another  in the application process in order to
19        obtain or attempt to  obtain  a  license,  identification
20        card, or permit;
21             26.  Has  altered or attempted to alter a license or
22        has possessed an altered license, identification card, or
23        permit;
24             27.  Has violated Section 6-16 of the Liquor Control
25        Act of 1934;
26             28.  Has been convicted of the  illegal  possession,
27        while  operating  or  in  actual  physical  control, as a
28        driver, of a motor vehicle, of any  controlled  substance
29        prohibited  under  the Illinois Controlled Substances Act
30        or any cannabis prohibited under the  provisions  of  the
31        Cannabis  Control Act, in which case the person's driving
32        privileges shall be  suspended  for  one  year,  and  any
33        driver  who  is  convicted  of  a  second  or  subsequent
34        offense, within 5 years of a previous conviction, for the
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 1        illegal possession, while operating or in actual physical
 2        control,  as  a  driver,  of  a  motor  vehicle,  of  any
 3        controlled  substance  prohibited under the provisions of
 4        the Illinois Controlled Substances Act  or  any  cannabis
 5        prohibited  under  the  Cannabis  Control  Act  shall  be
 6        suspended for 5 years. 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
 9        that  this  offense  did  occur  while  the defendant was
10        operating a motor vehicle and  order  the  clerk  of  the
11        court to report the violation to the Secretary of State;
12             29.  Has  been  convicted  of the following offenses
13        that were committed while the person was operating or  in
14        actual physical control, as a driver, of a motor vehicle:
15        criminal   sexual   assault,  predatory  criminal  sexual
16        assault of a child, aggravated criminal  sexual  assault,
17        criminal  sexual abuse, aggravated criminal sexual abuse,
18        juvenile pimping, soliciting for  a  juvenile  prostitute
19        and  the  manufacture,  sale  or  delivery  of controlled
20        substances or instruments used for illegal  drug  use  or
21        abuse in which case the driver's driving privileges shall
22        be suspended for one year;
23             30.  Has  been convicted a second or subsequent time
24        for any combination of the offenses named in paragraph 29
25        of this subsection, in which case  the  person's  driving
26        privileges shall be suspended for 5 years;
27             31.  Has  refused to submit to a test as required by
28        Section 11-501.6 or has submitted to a test resulting  in
29        an alcohol concentration of 0.08 or more or any amount of
30        a   drug,  substance,  or  compound  resulting  from  the
31        unlawful use or consumption of cannabis as listed in  the
32        Cannabis  Control Act or a controlled substance as listed
33        in the Illinois Controlled Substances Act in  which  case
34        the penalty shall be as prescribed in Section 6-208.1;
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 1             32.  Has  been  convicted  of  Section 24-1.2 of the
 2        Criminal  Code  of  1961  relating  to   the   aggravated
 3        discharge  of  a firearm if the offender was located in a
 4        motor vehicle at the time the firearm was discharged,  in
 5        which case the suspension shall be for 3 years;
 6             33.  Has as  a driver, who was less than 21 years of
 7        age  on  the  date of the offense, been convicted a first
 8        time of a violation of paragraph (a) of Section 11-502 of
 9        this Code or a similar provision of a local ordinance; or
10             34.  Has committed a violation of Section  11-1301.5
11        of this Code; or
12             35.  Has  committed a violation of Section 11-1301.6
13        of this Code;.
14             36. 34.  Is under the age of 21 years at the time of
15        arrest and has  been    convicted  of  not  less  than  2
16        offenses  against  traffic  regulations    governing  the
17        movement  of  vehicles  committed  within  any  24  month
18        period.   No  revocation  or  suspension shall be entered
19        more than 6  months after the date  of  last  conviction;
20        or.
21             37.  Has,  as  a  student in a school subject to the
22        School Code, violated a weapons law or committed a  crime
23        of violence, as defined in the Crime Victims Compensation
24        Act,  after  the  regional  superintendent of schools has
25        certified to the Secretary  of  State  that  the  student
26        violated  one  of these laws, in which case the student's
27        driving privileges shall be suspended for 6 months.
28        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
29    and  27  of  this  subsection,  license  means  any  driver's
30    license, any traffic ticket issued when the person's driver's
31    license  is  deposited  in  lieu of bail, a suspension notice
32    issued by the Secretary of State, a  duplicate  or  corrected
33    driver's  license,  a  probationary  driver's  license  or  a
34    temporary driver's license.
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 1        (b)  If  any conviction forming the basis of a suspension
 2    or revocation authorized under this Section is appealed,  the
 3    Secretary  of  State may rescind or withhold the entry of the
 4    order of suspension  or  revocation,  as  the  case  may  be,
 5    provided  that a certified copy of a stay order of a court is
 6    filed with the Secretary of  State.   If  the  conviction  is
 7    affirmed  on  appeal, the date of the conviction shall relate
 8    back to the time the  original  judgment  of  conviction  was
 9    entered  and  the  6  month  limitation  prescribed shall not
10    apply.
11        (c) 1.  Upon suspending or revoking the driver's  license
12        or  permit  of  any person as authorized in this Section,
13        the Secretary  of  State  shall  immediately  notify  the
14        person  in  writing  of the revocation or suspension. The
15        notice to be deposited in the United States mail, postage
16        prepaid, to the last known address of the person.
17             2.  If the Secretary of State suspends the  driver's
18        license  of  a person under subsection 2 of paragraph (a)
19        of this  Section,  a  person's  privilege  to  operate  a
20        vehicle as an occupation shall not be suspended, provided
21        an  affidavit  is properly completed, the appropriate fee
22        received, and a permit issued prior to the effective date
23        of the suspension, unless 5 offenses were  committed,  at
24        least  2  of  which occurred while operating a commercial
25        vehicle  in  connection   with   the   driver's   regular
26        occupation.   All   other  driving  privileges  shall  be
27        suspended by the Secretary of State. Any driver prior  to
28        operating  a  vehicle for occupational purposes only must
29        submit the affidavit on  forms  to  be  provided  by  the
30        Secretary  of  State  setting  forth  the  facts  of  the
31        person's  occupation.  The affidavit shall also state the
32        number of offenses committed while operating a vehicle in
33        connection with  the  driver's  regular  occupation.  The
34        affidavit  shall  be accompanied by the driver's license.
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 1        Upon receipt  of  a  properly  completed  affidavit,  the
 2        Secretary  of  State  shall  issue the driver a permit to
 3        operate a vehicle in connection with the driver's regular
 4        occupation only. Unless  the  permit  is  issued  by  the
 5        Secretary  of  State prior to the date of suspension, the
 6        privilege to drive any motor vehicle shall  be  suspended
 7        as  set  forth  in  the notice that was mailed under this
 8        Section. If an affidavit is received  subsequent  to  the
 9        effective date of this suspension, a permit may be issued
10        for the remainder of the suspension period.
11             The  provisions of this subparagraph shall not apply
12        to any driver required to obtain  a  commercial  driver's
13        license  under  Section  6-507  during  the  period  of a
14        disqualification of commercial driving  privileges  under
15        Section 6-514.
16             Any  person  who  falsely  states  any  fact  in the
17        affidavit required herein  shall  be  guilty  of  perjury
18        under  Section  6-302  and  upon conviction thereof shall
19        have  all  driving  privileges  revoked  without  further
20        rights.
21             3.  At the conclusion of  a  hearing  under  Section
22        2-118  of  this Code, the Secretary of State shall either
23        rescind or continue  an  order  of  revocation  or  shall
24        substitute   an  order  of  suspension;  or,  good  cause
25        appearing therefor, rescind, continue, change, or  extend
26        the  order of suspension.  If the Secretary of State does
27        not  rescind  the   order,   the   Secretary   may   upon
28        application,   to   relieve   undue   hardship,  issue  a
29        restricted  driving  permit  granting  the  privilege  of
30        driving  a  motor  vehicle   between   the   petitioner's
31        residence  and petitioner's place of employment or within
32        the scope of his employment related duties, or  to  allow
33        transportation  for the petitioner, or a household member
34        of the petitioner's family, to receive necessary  medical
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 1        care   and  if  the  professional  evaluation  indicates,
 2        provide   transportation   for   alcohol   remedial    or
 3        rehabilitative  activity, or for the petitioner to attend
 4        classes, as  a  student,  in  an  accredited  educational
 5        institution;  if  the  petitioner  is able to demonstrate
 6        that no alternative means of transportation is reasonably
 7        available and the petitioner will not endanger the public
 8        safety or welfare. In each case the Secretary may issue a
 9        restricted   driving   permit   for   a   period   deemed
10        appropriate, except that all permits shall expire  within
11        one year from the date of issuance.  A restricted driving
12        permit  issued  under  this  Section  shall be subject to
13        cancellation, revocation, and suspension by the Secretary
14        of State in like manner and for like cause as a  driver's
15        license issued under this Code may be cancelled, revoked,
16        or  suspended;  except that a conviction upon one or more
17        offenses  against  laws  or  ordinances  regulating   the
18        movement  of traffic shall be deemed sufficient cause for
19        the  revocation,  suspension,  or   cancellation   of   a
20        restricted driving permit. The Secretary of State may, as
21        a  condition  to  the  issuance  of  a restricted driving
22        permit,  require  the  applicant  to  participate  in   a
23        designated driver remedial or rehabilitative program. The
24        Secretary  of  State is authorized to cancel a restricted
25        driving permit if the permit holder does not successfully
26        complete the program.
27        (c-5)  The Secretary of State may, as a condition of  the
28    reissuance  of  a  driver's license or permit to an applicant
29    under the age of 18 years whose driver's  license  or  permit
30    has  been suspended pursuant to any of the provisions of this
31    Section, require the applicant to  participate  in  a  driver
32    remedial education course and be retested under Section 6-109
33    of this Code.
34        (d)  This  Section  is  subject  to the provisions of the
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 1    Drivers License Compact.
 2        (e)  The Secretary of State shall not issue a  restricted
 3    driving  permit  to  a person under the age of 16 years whose
 4    driving privileges have been suspended or  revoked under  any
 5    provisions of this Code.
 6    (Source: P.A.  89-283,  eff.  1-1-96;  89-428, eff. 12-13-95;
 7    89-462,  eff.  5-29-96;  90-43,  eff.  7-2-97;  90-106,  eff.
 8    1-1-98; 90-369, eff. 1-1-98; revised 10-28-97.)

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