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91_HB2251
LRB9103485KSpr
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, other
11 drug or drugs, or intoxicating compound or compounds is a
12 threat to the public safety and welfare. Therefore, to
13 provide a deterrent to such practice and to remove problem
14 drivers from the highway, a statutory summary driver's
15 license suspension is appropriate. It is also recognized that
16 driving is a privilege and therefore, that in some cases the
17 granting of limited driving privileges, where consistent with
18 public safety, is warranted during the period of suspension
19 in the form of a judicial driving permit to drive for the
20 purpose of employment, receiving drug treatment or medical
21 care, and educational pursuits, where no alternative means of
22 transportation is available.
23 The following procedures shall apply whenever a first
24 offender is arrested for any offense as defined in Section
25 11-501 or a similar provision of a local ordinance:
26 (a) Subsequent to a notification of a statutory summary
27 suspension of driving privileges as provided in Section
28 11-501.1, the first offender as defined in Section 11-500 may
29 petition the circuit court of venue for a Judicial Driving
30 Permit, hereinafter referred as a JDP, to relieve undue
31 hardship. The court may issue a court order, pursuant to
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1 the criteria contained in this Section, directing the
2 Secretary of State to issue such a JDP to the petitioner. A
3 JDP shall not become effective prior to the 31st day of the
4 original statutory summary suspension and shall always be
5 subject to the following criteria:
6 1. If ordered for the purposes of employment, the
7 JDP shall be only for the purpose of providing the
8 petitioner the privilege of driving a motor vehicle
9 between the petitioner's residence and the petitioner's
10 place of employment and return; or within the scope of
11 the petitioner's employment related duties, shall be
12 effective only during and limited to those specific times
13 and routes actually required to commute or perform the
14 petitioner's employment related duties.
15 2. The court, by a court order, may also direct the
16 Secretary of State to issue a JDP to allow transportation
17 for the petitioner, or a household member of the
18 petitioner's family, to receive alcohol, drug, or
19 intoxicating compound treatment or medical care, if the
20 petitioner is able to demonstrate that no alternative
21 means of transportation is reasonably available. Such JDP
22 shall be effective only during the specific times
23 actually required to commute.
24 3. The court, by a court order, may also direct the
25 Secretary of State to issue a JDP to allow transportation
26 by the petitioner for educational purposes upon
27 demonstrating that there are no alternative means of
28 transportation reasonably available to accomplish those
29 educational purposes. Such JDP shall be only for the
30 purpose of providing transportation to and from the
31 petitioner's residence and the petitioner's place of
32 educational activity, and only during the specific times
33 and routes actually required to commute or perform the
34 petitioner's educational requirement.
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1 4. The Court shall not issue an order granting a
2 JDP to:
3 (i) Any person unless and until the court,
4 after considering the results of a current
5 professional evaluation of the person's alcohol or
6 other drug use by an agency pursuant to Section
7 15-10 of the Alcoholism and Other Drug Abuse and
8 Dependency Act and other appropriate investigation
9 of the person, is satisfied that granting the
10 privilege of driving a motor vehicle on the highways
11 will not endanger the public safety or welfare.
12 (ii) Any person who has been convicted of
13 reckless homicide within the previous 5 years.
14 (iii) Any person whose privilege to operate a
15 motor vehicle was invalid at the time of arrest for
16 the current violation of Section 11-501, or a
17 similar provision of a local ordinance, except in
18 cases where the cause for a driver's license
19 suspension has been removed at the time a JDP is
20 effective. In any case, should the Secretary of
21 State enter a suspension or revocation of driving
22 privileges pursuant to the provisions of this Code
23 while the JDP is in effect or pending, the Secretary
24 shall take the prescribed action and provide a
25 notice to the person and the court ordering the
26 issuance of the JDP that all driving privileges,
27 including those provided by the issuance of the JDP,
28 have been withdrawn.
29 (iv) Any person under the age of 18 years.
30 (v) Any person who has previously been
31 convicted of or received court supervision for a
32 violation of Section 11-501 or a similar provision
33 of a local ordinance.
34 (b) Prior to ordering the issuance of a JDP the Court
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1 should consider at least, but not be limited to, the
2 following issues:
3 1. Whether the person is employed and no other
4 means of commuting to the place of employment is
5 available or that the person must drive as a condition of
6 employment. The employer shall certify the hours of
7 employment and the need and parameters necessary for
8 driving as a condition to employment.
9 2. Whether the person must drive to secure alcohol
10 or other medical treatment for himself or a family
11 member.
12 3. Whether the person must drive for educational
13 purposes. The educational institution shall certify the
14 person's enrollment in and academic schedule at the
15 institution.
16 4. Whether the person has been repeatedly convicted
17 of traffic violations or involved in motor vehicle
18 accidents to a degree which indicates disrespect for
19 public safety.
20 5. Whether the person has been convicted of a
21 traffic violation in connection with a traffic accident
22 resulting in the death of any person within the last 5
23 years.
24 6. Whether the person is likely to obey the limited
25 provisions of the JDP.
26 7. Whether the person has any additional traffic
27 violations pending in any court.
28 For purposes of this Section, programs conducting
29 professional evaluations of a person's alcohol, other drug,
30 or intoxicating compound use must report, to the court of
31 venue, using a form prescribed by the Secretary of State. A
32 copy of such evaluations shall be sent to the Secretary of
33 State by the court. However, the evaluation information shall
34 be privileged and only available to courts and to the
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1 Secretary of State, but shall not be admissible in the
2 subsequent trial on the underlying charge.
3 (c) The scope of any court order issued for a JDP under
4 this Section shall be limited to the operation of a motor
5 vehicle as provided for in subsection (a) of this Section and
6 shall specify the petitioner's residence, place of employment
7 or location of educational institution, and the scope of job
8 related duties, if relevant. The JDP shall also specify days
9 of the week and specific hours of the day when the petitioner
10 is able to exercise the limited privilege of operating a
11 motor vehicle. If the Petitioner, who has been granted a JDP,
12 is issued a citation for a traffic related offense, including
13 operating a motor vehicle outside the limitations prescribed
14 in the JDP or a violation of Section 6-303, or is convicted
15 of any such an offense during the term of the JDP, the court
16 shall consider cancellation of the limited driving permit.
17 In any case, if the Petitioner commits an offense, as defined
18 in Section 11-501, or a similar provision of a local
19 ordinance, as evidenced by the issuance of a Uniform Traffic
20 Ticket, the JDP shall be forwarded by the court of venue to
21 the court ordering the issuance of the JDP, for cancellation.
22 The court shall notify the Secretary of State of any such
23 cancellation.
24 (d) The Secretary of State shall, upon receiving a court
25 order from the court of venue, issue a JDP to a successful
26 Petitioner under this Section. Such court order form shall
27 also contain a notification, which shall be sent to the
28 Secretary of State, providing the name, driver's license
29 number and legal address of the successful petitioner, and
30 the full and detailed description of the limitations of the
31 JDP. This information shall be available only to the courts,
32 police officers, and the Secretary of State, except during
33 the actual period the JDP is valid, during which time it
34 shall be a public record. The Secretary of State shall design
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1 and furnish to the courts an official court order form to be
2 used by the courts when directing the Secretary of State to
3 issue a JDP.
4 Any submitted court order that contains insufficient data
5 or fails to comply with this Code shall not be utilized for
6 JDP issuance or entered to the driver record but shall be
7 returned to the issuing court indicating why the JDP cannot
8 be so entered. A notice of this action shall also be sent to
9 the JDP petitioner by the Secretary of State.
10 (e) The circuit court of venue may conduct the judicial
11 hearing, as provided in Section 2-118.1, and the JDP hearing
12 provided in this Section, concurrently. Such concurrent
13 hearing shall proceed in the court in the same manner as in
14 other civil proceedings.
15 (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99.)