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91_HB2233
LRB9104518KSgc
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 drugs, intoxicating compound or compounds, or any
22 combination thereof;
23 3. Any felony under the laws of any State or the
24 federal government in the commission of which a motor
25 vehicle was used;
26 4. Violation of Section 11-401 of this Code
27 relating to the offense of leaving the scene of a traffic
28 accident involving death or personal injury;
29 5. Perjury or the making of a false affidavit or
30 statement under oath to the Secretary of State under this
31 Code or under any other law relating to the ownership or
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1 operation of motor vehicles;
2 6. Conviction upon 3 charges of violation of
3 Section 11-503 of this Code relating to the offense of
4 reckless driving committed within a period of 12 months;
5 7. Conviction of the offense of automobile theft as
6 defined in Section 4-102 of this Code;
7 8. Violation of Section 11-504 of this Code
8 relating to the offense of drag racing;
9 9. Violation of Chapters 8 and 9 of this Code;
10 10. Violation of Section 12-5 of the Criminal Code
11 of 1961 arising from the use of a motor vehicle;
12 11. Violation of Section 11-204.1 of this Code
13 relating to aggravated fleeing or attempting to elude a
14 police officer;
15 12. Violation of paragraph (1) of subsection (b) of
16 Section 6-507, or a similar law of any other state,
17 relating to the unlawful operation of a commercial motor
18 vehicle;
19 13. Violation of paragraph (a) of Section 11-502 of
20 this Code or a similar provision of a local ordinance if
21 the driver has been previously convicted of a violation
22 of that Section or a similar provision of a local
23 ordinance and the driver was less than 21 years of age at
24 the time of the offense;.
25 14. Violation of Section 11-503.5 of this Code
26 relating to road rage and aggravated road rage or a
27 similar provision of a local ordinance.
28 (b) The Secretary of State shall also immediately revoke
29 the license or permit of any driver in the following
30 situations:
31 1. Of any minor upon receiving the notice provided
32 for in Section 5-901 of the Juvenile Court Act of 1987
33 that the minor has been adjudicated under that Act as
34 having committed an offense relating to motor vehicles
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1 prescribed in Section 4-103 of this Code;
2 2. Of any person when any other law of this State
3 requires either the revocation or suspension of a license
4 or permit.
5 (c) Whenever a person is convicted of any of the
6 offenses enumerated in this Section, the court may recommend
7 and the Secretary of State in his discretion, without regard
8 to whether the recommendation is made by the court, may, upon
9 application, issue to the person a restricted driving permit
10 granting the privilege of driving a motor vehicle between the
11 petitioner's residence and petitioner's place of employment
12 or within the scope of the petitioner's employment related
13 duties, or to allow transportation for the petitioner or a
14 household member of the petitioner's family for the receipt
15 of necessary medical care or, if the professional evaluation
16 indicates, provide transportation for the petitioner for
17 alcohol remedial or rehabilitative activity, or for the
18 petitioner to attend classes, as a student, in an accredited
19 educational institution; if the petitioner is able to
20 demonstrate that no alternative means of transportation is
21 reasonably available and the petitioner will not endanger the
22 public safety or welfare; provided that the Secretary's
23 discretion shall be limited to cases where undue hardship
24 would result from a failure to issue the restricted driving
25 permit. In each case the Secretary of State may issue a
26 restricted driving permit for a period he deems appropriate,
27 except that the permit shall expire within one year from the
28 date of issuance. A restricted driving permit issued under
29 this Section shall be subject to cancellation, revocation,
30 and suspension by the Secretary of State in like manner and
31 for like cause as a driver's license issued under this Code
32 may be cancelled, revoked, or suspended; except that a
33 conviction upon one or more offenses against laws or
34 ordinances regulating the movement of traffic shall be deemed
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1 sufficient cause for the revocation, suspension, or
2 cancellation of a restricted driving permit. The Secretary of
3 State may, as a condition to the issuance of a restricted
4 driving permit, require the applicant to participate in a
5 designated driver remedial or rehabilitative program. The
6 Secretary of State is authorized to cancel a restricted
7 driving permit if the permit holder does not successfully
8 complete the program. However, if an individual's driving
9 privileges have been revoked in accordance with paragraph 13
10 of subsection (a) of this Section, no restricted driving
11 permit shall be issued until the individual has served 6
12 months of the revocation period.
13 (d) Whenever a person under the age of 21 is convicted
14 under Section 11-501 of this Code or a similar provision of a
15 local ordinance, the Secretary of State shall revoke the
16 driving privileges of that person. One year after the date
17 of revocation, and upon application, the Secretary of State
18 may, if satisfied that the person applying will not endanger
19 the public safety or welfare, issue a restricted driving
20 permit granting the privilege of driving a motor vehicle only
21 between the hours of 5 a.m. and 9 p.m. or as otherwise
22 provided by this Section for a period of one year. After
23 this one year period, and upon reapplication for a license as
24 provided in Section 6-106, upon payment of the appropriate
25 reinstatement fee provided under paragraph (b) of Section
26 6-118, the Secretary of State, in his discretion, may issue
27 the applicant a license, or extend the restricted driving
28 permit as many times as the Secretary of State deems
29 appropriate, by additional periods of not more than 12 months
30 each, until the applicant attains 21 years of age. A
31 restricted driving permit issued under this Section shall be
32 subject to cancellation, revocation, and suspension by the
33 Secretary of State in like manner and for like cause as a
34 driver's license issued under this Code may be cancelled,
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1 revoked, or suspended; except that a conviction upon one or
2 more offenses against laws or ordinances regulating the
3 movement of traffic shall be deemed sufficient cause for the
4 revocation, suspension, or cancellation of a restricted
5 driving permit. Any person under 21 years of age who has a
6 driver's license revoked for a second or subsequent
7 conviction for driving under the influence, prior to the age
8 of 21, shall not be eligible to submit an application for a
9 full reinstatement of driving privileges or a restricted
10 driving permit until age 21 or one additional year from the
11 date of the latest such revocation, whichever is the longer.
12 The revocation periods contained in this subparagraph shall
13 apply to similar out-of-state convictions.
14 (e) This Section is subject to the provisions of the
15 Driver License Compact.
16 (f) Any revocation imposed upon any person under
17 subsections 2 and 3 of paragraph (b) that is in effect on
18 December 31, 1988 shall be converted to a suspension for a
19 like period of time.
20 (g) The Secretary of State shall not issue a restricted
21 driving permit to a person under the age of 16 years whose
22 driving privileges have been revoked under any provisions of
23 this Code.
24 (h) The Secretary of State may use ignition interlock
25 device requirements when granting driving relief to
26 individuals who have been arrested for a second or subsequent
27 offense under Section 11-501 of this Code or a similar
28 provision of a local ordinance. The Secretary shall
29 establish by rule and regulation the procedures for use of
30 the interlock system.
31 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
32 89-626, eff. 8-9-96; 90-369, eff. 1-1-98; 90-590, eff.
33 1-1-99; 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; revised
34 9-16-98.)
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1 (625 ILCS 5/11-503.5 new)
2 Sec. 11-503.5. Road rage.
3 (a) Any person who intentionally drives his or her
4 vehicle in such a manner as to endanger the bodily safety or
5 property of another driver, bicyclist, or pedestrian is
6 guilty of road rage.
7 (b) Road rage is a Class A misdemeanor, except as
8 provided in subsection (c) of this Section.
9 (c) (1) Every person convicted of committing a violation
10 of subsection (a) of this Section is guilty of aggravated
11 road rage if the violation results in great bodily harm or
12 permanent disfigurement to another.
13 (2) Aggravated road rage is a Class 4 felony.
14 Section 99. Effective date. This Act takes effect July
15 1, 1999.