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90_HB3076
625 ILCS 5/6-206.1 from Ch. 95 1/2, par. 6-206.1
Amends the Illinois Vehicle Code. Provides that a
judicial driving permit may be issued to a person whose
driving privileges have been suspended because the person has
by the unlawful operation of a motor vehicle caused or
contributed to an accident resulting in death.
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LRB9011039NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-206.1.
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 6-206.1 as follows:
7 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
8 Sec. 6-206.1. Judicial Driving Permit. Declaration of
9 Policy. It is hereby declared a policy of the State of
10 Illinois that the driver who is impaired by alcohol or other
11 drugs is a threat to the public safety and welfare.
12 Therefore, to provide a deterrent to such practice and to
13 remove problem drivers from the highway, a statutory summary
14 driver's license suspension is appropriate. It is also
15 recognized that driving is a privilege and therefore, that in
16 some cases the granting of limited driving privileges, where
17 consistent with public safety, is warranted during the period
18 of suspension for alcohol or other drug violations, or for
19 other violations, in the form of a judicial driving permit to
20 drive for the purpose of employment, receiving drug treatment
21 or medical care, and educational pursuits, where no
22 alternative means of transportation is available.
23 The following procedures shall apply whenever (i) a first
24 offender is arrested for any offense as defined in Section
25 11-501 or a similar provision of a local ordinance or (ii) a
26 person has by the unlawful operation of a motor vehicle
27 caused or contributed to an accident resulting in death:
28 (a) Subsequent to a notification of a statutory summary
29 suspension of driving privileges as provided in Section
30 11-501.1 or a suspension under subdivision (a) (4) of Section
31 6-206 of this Code, the first offender as defined in Section
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1 11-500 or the person whose license has been suspended under
2 subdivision (a) 4 of Section 6-206 of this Code may petition
3 the circuit court of venue for a Judicial Driving Permit,
4 hereinafter referred as a JDP, to relieve undue hardship.
5 The court may issue a court order, pursuant to the criteria
6 contained in this Section, directing the Secretary of State
7 to issue such a JDP to the petitioner. A JDP shall not become
8 effective prior to the 31st day of the original statutory
9 summary suspension and shall always be subject to the
10 following criteria:
11 1. If ordered for the purposes of employment, the
12 JDP shall be only for the purpose of providing the
13 petitioner the privilege of driving a motor vehicle
14 between the petitioner's residence and the petitioner's
15 place of employment and return; or within the scope of
16 the petitioner's employment related duties, shall be
17 effective only during and limited to those specific times
18 and routes actually required to commute or perform the
19 petitioner's employment related duties.
20 2. The court, by a court order, may also direct the
21 Secretary of State to issue a JDP to allow transportation
22 for the petitioner, or a household member of the
23 petitioner's family, to receive alcohol or other drug
24 treatment or medical care, if the petitioner is able to
25 demonstrate that no alternative means of transportation
26 is reasonably available. Such JDP shall be effective only
27 during the specific times actually required to commute.
28 3. The court, by a court order, may also direct the
29 Secretary of State to issue a JDP to allow transportation
30 by the petitioner for educational purposes upon
31 demonstrating that there are no alternative means of
32 transportation reasonably available to accomplish those
33 educational purposes. Such JDP shall be only for the
34 purpose of providing transportation to and from the
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1 petitioner's residence and the petitioner's place of
2 educational activity, and only during the specific times
3 and routes actually required to commute or perform the
4 petitioner's educational requirement.
5 4. The Court shall not issue an order granting a
6 JDP to:
7 (i) Any person unless and until the court,
8 after considering the results of a current
9 professional evaluation of the person's alcohol or
10 other drug use by an agency pursuant to Section
11 15-10 of the Alcoholism and Other Drug Abuse and
12 Dependency Act, for a person whose license has been
13 suspended under Section 11-501 of this Code, and
14 other appropriate investigation of the person, is
15 satisfied that granting the privilege of driving a
16 motor vehicle on the highways will not endanger the
17 public safety or welfare.
18 (ii) Any person who has been convicted of
19 reckless homicide within the previous 5 years.
20 (iii) Any person whose privilege to operate a
21 motor vehicle was invalid at the time of arrest for
22 the current violation of Section 11-501, or a
23 similar provision of a local ordinance, except in
24 cases where the cause for a driver's license
25 suspension has been removed at the time a JDP is
26 effective. In any case, should the Secretary of
27 State enter a suspension or revocation of driving
28 privileges pursuant to the provisions of this Code
29 while the JDP is in effect or pending, the Secretary
30 shall take the prescribed action and provide a
31 notice to the person and the court ordering the
32 issuance of the JDP that all driving privileges,
33 including those provided by the issuance of the JDP,
34 have been withdrawn.
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1 (iv) Any person under the age of 18 years.
2 (b) Prior to ordering the issuance of a JDP the Court
3 should consider at least, but not be limited to, the
4 following issues:
5 1. Whether the person is employed and no other
6 means of commuting to the place of employment is
7 available or that the person must drive as a condition of
8 employment. The employer shall certify the hours of
9 employment and the need and parameters necessary for
10 driving as a condition to employment.
11 2. Whether the person must drive to secure alcohol
12 or other medical treatment for himself or a family
13 member.
14 3. Whether the person must drive for educational
15 purposes. The educational institution shall certify the
16 person's enrollment in and academic schedule at the
17 institution.
18 4. Whether the person has been repeatedly convicted
19 of traffic violations or involved in motor vehicle
20 accidents to a degree which indicates disrespect for
21 public safety.
22 5. Whether the person has been convicted of a
23 traffic violation in connection with a traffic accident
24 resulting in the death of any person within the last 5
25 years.
26 6. Whether the person is likely to obey the limited
27 provisions of the JDP.
28 7. Whether the person has any additional traffic
29 violations pending in any court.
30 For purposes of this Section, programs conducting
31 professional evaluations of a person's alcohol or other drug
32 use must report, to the court of venue, using a form
33 prescribed by the Secretary of State. A copy of such
34 evaluations shall be sent to the Secretary of State by the
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1 court. However, the evaluation information shall be
2 privileged and only available to courts and to the Secretary
3 of State, but shall not be admissible in the subsequent trial
4 on the underlying charge.
5 (c) The scope of any court order issued for a JDP under
6 this Section shall be limited to the operation of a motor
7 vehicle as provided for in subsection (a) of this Section and
8 shall specify the petitioner's residence, place of employment
9 or location of educational institution, and the scope of job
10 related duties, if relevant. The JDP shall also specify days
11 of the week and specific hours of the day when the petitioner
12 is able to exercise the limited privilege of operating a
13 motor vehicle. If the Petitioner, who has been granted a JDP,
14 is issued a citation for a traffic related offense, including
15 operating a motor vehicle outside the limitations prescribed
16 in the JDP or a violation of Section 6-303, or is convicted
17 of any such an offense during the term of the JDP, the court
18 shall consider cancellation of the limited driving permit.
19 In any case, if the Petitioner commits an offense, as defined
20 in Section 11-501, or a similar provision of a local
21 ordinance, as evidenced by the issuance of a Uniform Traffic
22 Ticket, the JDP shall be forwarded by the court of venue to
23 the court ordering the issuance of the JDP, for cancellation.
24 The court shall notify the Secretary of State of any such
25 cancellation.
26 (d) The Secretary of State shall, upon receiving a court
27 order from the court of venue, issue a JDP to a successful
28 Petitioner under this Section. Such court order form shall
29 also contain a notification, which shall be sent to the
30 Secretary of State, providing the name, driver's license
31 number and legal address of the successful petitioner, and
32 the full and detailed description of the limitations of the
33 JDP. This information shall be available only to the courts,
34 police officers, and the Secretary of State, except during
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1 the actual period the JDP is valid, during which time it
2 shall be a public record. The Secretary of State shall design
3 and furnish to the courts an official court order form to be
4 used by the courts when directing the Secretary of State to
5 issue a JDP.
6 Any submitted court order that contains insufficient data
7 or fails to comply with this Code shall not be utilized for
8 JDP issuance or entered to the driver record but shall be
9 returned to the issuing court indicating why the JDP cannot
10 be so entered. A notice of this action shall also be sent to
11 the JDP petitioner by the Secretary of State.
12 (e) The circuit court of venue may conduct the judicial
13 hearing, as provided in Section 2-118.1, and the JDP hearing
14 provided in this Section, concurrently. Such concurrent
15 hearing shall proceed in the court in the same manner as in
16 other civil proceedings.
17 (Source: P.A. 90-369, eff. 1-1-98.)