State of Illinois
91st General Assembly

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 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 6-206 and adding Section 11-501.9.

 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  and  adding  Section  11-501.9   as
 7    follows:

 8        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
 9        Sec. 6-206.  Discretionary authority to suspend or revoke
10    license or permit; Right to a hearing.
11        (a)  The  Secretary  of State is authorized to suspend or
12    revoke  the  driving  privileges  of   any   person   without
13    preliminary hearing upon a showing of the person's records or
14    other sufficient evidence that the person:
15             1.  Has  committed  an  offense  for which mandatory
16        revocation of a driver's license or  permit  is  required
17        upon conviction;
18             2.  Has  been  convicted of not less than 3 offenses
19        against traffic regulations  governing  the  movement  of
20        vehicles  committed  within  any  12  month  period.   No
21        revocation  or  suspension  shall  be entered more than 6
22        months after the date of last conviction;
23             3.  Has been repeatedly  involved  as  a  driver  in
24        motor vehicle collisions or has been repeatedly convicted
25        of  offenses  against  laws and ordinances regulating the
26        movement of traffic, to a degree that indicates  lack  of
27        ability  to  exercise ordinary and reasonable care in the
28        safe operation of a motor vehicle or disrespect  for  the
29        traffic  laws  and  the  safety of other persons upon the
30        highway;
31             4.  Has by the unlawful operation of a motor vehicle
                            -2-               LRB9108004RCksE
 1        caused or contributed to an accident resulting  in  death
 2        or injury requiring immediate professional treatment in a
 3        medical facility or doctor's office to any person, except
 4        that   any   suspension  or  revocation  imposed  by  the
 5        Secretary  of  State  under  the   provisions   of   this
 6        subsection shall start no later than 6 months after being
 7        convicted  of violating a law or ordinance regulating the
 8        movement of traffic, which violation is  related  to  the
 9        accident, or shall start not more than one year after the
10        date of the accident, whichever date occurs later;
11             5.  Has permitted an unlawful or fraudulent use of a
12        driver's license, identification card, or permit;
13             6.  Has  been  lawfully  convicted  of an offense or
14        offenses in another state,  including  the  authorization
15        contained  in  Section 6-203.1, which if committed within
16        this State would be grounds for suspension or revocation;
17             7.  Has  refused  or  failed   to   submit   to   an
18        examination  provided  for by Section 6-207 or has failed
19        to pass the examination;
20             8.  Is ineligible for a driver's license  or  permit
21        under the provisions of Section 6-103;
22             9.  Has   made   a   false  statement  or  knowingly
23        concealed a material fact or has used  false  information
24        or  identification  in  any  application  for  a license,
25        identification card, or permit;
26             10.  Has  possessed,  displayed,  or  attempted   to
27        fraudulently  use  any  license,  identification card, or
28        permit not issued to the person;
29             11.  Has operated a motor vehicle upon a highway  of
30        this   State  when  the  person's  driving  privilege  or
31        privilege to obtain a  driver's  license  or  permit  was
32        revoked  or suspended unless the operation was authorized
33        by a judicial driving  permit,  probationary  license  to
34        drive,  or  a restricted driving permit issued under this
                            -3-               LRB9108004RCksE
 1        Code;
 2             12.  Has submitted to any portion of the application
 3        process for another person or has obtained  the  services
 4        of  another  person  to  submit  to  any  portion  of the
 5        application  process  for  the  purpose  of  obtaining  a
 6        license, identification card, or permit  for  some  other
 7        person;
 8             13.  Has  operated a motor vehicle upon a highway of
 9        this State when the person's driver's license  or  permit
10        was  invalid under the provisions of Sections 6-107.1 and
11        6-110;
12             14.  Has committed a  violation  of  Section  6-301,
13        6-301.1,  or  6-301.2 of this Act, or Section 14, 14A, or
14        14B of the Illinois Identification Card Act;
15             15.  Has been convicted of violating Section 21-2 of
16        the Criminal Code of 1961 relating to  criminal  trespass
17        to  vehicles  in  which case, the suspension shall be for
18        one year;
19             16.  Has been convicted of violating Section  11-204
20        of this Code relating to fleeing from a police officer;
21             17.  Has  refused  to submit to a test, or tests, as
22        required under Section 11-501.1  of  this  Code  and  the
23        person  has  not  sought  a  hearing  as  provided for in
24        Section 11-501.1;
25             18.  Has, since issuance of a  driver's  license  or
26        permit,  been  adjudged to be afflicted with or suffering
27        from any mental disability or disease;
28             19.  Has committed a violation of paragraph  (a)  or
29        (b)  of  Section  6-101  relating  to  driving  without a
30        driver's license;
31             20.  Has been convicted of violating  Section  6-104
32        relating to classification of driver's license;
33             21.  Has  been convicted of violating Section 11-402
34        of this Code relating to leaving the scene of an accident
                            -4-               LRB9108004RCksE
 1        resulting in damage to a vehicle in excess of $1,000,  in
 2        which case the suspension shall be for one year;
 3             22.  Has used a motor vehicle in violating paragraph
 4        (3),  (4),  (7), or (9) of subsection (a) of Section 24-1
 5        of the Criminal Code of 1961 relating to unlawful use  of
 6        weapons,  in  which  case the suspension shall be for one
 7        year;
 8             23.  Has, as a driver, been convicted of  committing
 9        a  violation  of  paragraph (a) of Section 11-502 of this
10        Code for a second or subsequent time within one year of a
11        similar violation;
12             24.  Has  been  convicted  by  a  court-martial   or
13        punished   by   non-judicial   punishment   by   military
14        authorities   of   the   United   States  at  a  military
15        installation in Illinois of  or  for  a  traffic  related
16        offense  that  is  the  same  as or similar to an offense
17        specified under Section 6-205 or 6-206 of this Code;
18             25.  Has permitted any form of identification to  be
19        used  by  another  in the application process in order to
20        obtain or attempt to  obtain  a  license,  identification
21        card, or permit;
22             26.  Has  altered or attempted to alter a license or
23        has possessed an altered license, identification card, or
24        permit;
25             27.  Has violated Section 6-16 of the Liquor Control
26        Act of 1934;
27             28.  Has been convicted of the  illegal  possession,
28        while  operating  or  in  actual  physical  control, as a
29        driver, of a motor vehicle, of any  controlled  substance
30        prohibited  under  the Illinois Controlled Substances Act
31        or any cannabis prohibited under the  provisions  of  the
32        Cannabis  Control Act, in which case the person's driving
33        privileges shall be  suspended  for  one  year,  and  any
34        driver  who  is  convicted  of  a  second  or  subsequent
                            -5-               LRB9108004RCksE
 1        offense, within 5 years of a previous conviction, for the
 2        illegal possession, while operating or in actual physical
 3        control,  as  a  driver,  of  a  motor  vehicle,  of  any
 4        controlled  substance  prohibited under the provisions of
 5        the Illinois Controlled Substances Act  or  any  cannabis
 6        prohibited  under  the  Cannabis  Control  Act  shall  be
 7        suspended for 5 years. Any defendant found guilty of this
 8        offense  while  operating  a motor vehicle, shall have an
 9        entry made in the court record  by  the  presiding  judge
10        that  this  offense  did  occur  while  the defendant was
11        operating a motor vehicle and  order  the  clerk  of  the
12        court to report the violation to the Secretary of State;
13             29.  Has  been  convicted  of the following offenses
14        that were committed while the person was operating or  in
15        actual physical control, as a driver, of a motor vehicle:
16        criminal   sexual   assault,  predatory  criminal  sexual
17        assault of a child, aggravated criminal  sexual  assault,
18        criminal  sexual abuse, aggravated criminal sexual abuse,
19        juvenile pimping, soliciting for  a  juvenile  prostitute
20        and  the  manufacture,  sale  or  delivery  of controlled
21        substances or instruments used for illegal  drug  use  or
22        abuse in which case the driver's driving privileges shall
23        be suspended for one year;
24             30.  Has  been convicted a second or subsequent time
25        for any combination of the offenses named in paragraph 29
26        of this subsection, in which case  the  person's  driving
27        privileges shall be suspended for 5 years;
28             31.  Has  refused to submit to a test as required by
29        Section 11-501.6 or has submitted to a test resulting  in
30        an alcohol concentration of 0.08 or more or any amount of
31        a   drug,  substance,  or  compound  resulting  from  the
32        unlawful use or consumption of cannabis as listed in  the
33        Cannabis  Control Act or a controlled substance as listed
34        in the Illinois Controlled Substances Act in  which  case
                            -6-               LRB9108004RCksE
 1        the penalty shall be as prescribed in Section 6-208.1;
 2             32.  Has  been  convicted  of  Section 24-1.2 of the
 3        Criminal  Code  of  1961  relating  to   the   aggravated
 4        discharge  of  a firearm if the offender was located in a
 5        motor vehicle at the time the firearm was discharged,  in
 6        which case the suspension shall be for 3 years;
 7             33.  Has as  a driver, who was less than 21 years of
 8        age  on  the  date of the offense, been convicted a first
 9        time of a violation of paragraph (a) of Section 11-502 of
10        this Code or a similar provision of a local ordinance;
11             34.  Has committed a violation of Section  11-1301.5
12        of this Code;
13             35.  Has  committed a violation of Section 11-1301.6
14        of this Code; or
15             36.  Is under the age of 21 years  at  the  time  of
16        arrest  and  has  been    convicted  of  not  less than 2
17        offenses  against  traffic  regulations    governing  the
18        movement  of  vehicles  committed  within  any  24  month
19        period.  No revocation or  suspension  shall  be  entered
20        more  than  6   months after the date of last conviction;
21        or.
22             37.  Has refused to submit to a  test  or  tests  as
23        required under Section 11-501.9 of this Code.
24        For  purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
25    and  27  of  this  subsection,  license  means  any  driver's
26    license, any traffic ticket issued when the person's driver's
27    license is deposited in lieu of  bail,  a  suspension  notice
28    issued  by  the  Secretary of State, a duplicate or corrected
29    driver's  license,  a  probationary  driver's  license  or  a
30    temporary driver's license.
31        (b)  If any conviction forming the basis of a  suspension
32    or  revocation authorized under this Section is appealed, the
33    Secretary of State may rescind or withhold the entry  of  the
34    order  of  suspension  or  revocation,  as  the  case may be,
                            -7-               LRB9108004RCksE
 1    provided that a certified copy of a stay order of a court  is
 2    filed  with  the  Secretary  of  State.  If the conviction is
 3    affirmed on appeal, the date of the conviction  shall  relate
 4    back  to  the  time  the  original judgment of conviction was
 5    entered and the  6  month  limitation  prescribed  shall  not
 6    apply.
 7        (c) 1.  Upon  suspending or revoking the driver's license
 8        or permit of any person as authorized  in  this  Section,
 9        the  Secretary  of  State  shall  immediately  notify the
10        person in writing of the revocation  or  suspension.  The
11        notice to be deposited in the United States mail, postage
12        prepaid, to the last known address of the person.
13             2.  If  the Secretary of State suspends the driver's
14        license of a person under subsection 2 of  paragraph  (a)
15        of  this  Section,  a  person's  privilege  to  operate a
16        vehicle as an occupation shall not be suspended, provided
17        an affidavit is properly completed, the  appropriate  fee
18        received, and a permit issued prior to the effective date
19        of  the  suspension, unless 5 offenses were committed, at
20        least 2 of which occurred while  operating  a  commercial
21        vehicle   in   connection   with   the  driver's  regular
22        occupation.  All  other  driving  privileges   shall   be
23        suspended  by the Secretary of State. Any driver prior to
24        operating a vehicle for occupational purposes  only  must
25        submit  the  affidavit  on  forms  to  be provided by the
26        Secretary  of  State  setting  forth  the  facts  of  the
27        person's occupation.  The affidavit shall also state  the
28        number of offenses committed while operating a vehicle in
29        connection  with  the  driver's  regular  occupation. The
30        affidavit shall be accompanied by the  driver's  license.
31        Upon  receipt  of  a  properly  completed  affidavit, the
32        Secretary of State shall issue the  driver  a  permit  to
33        operate a vehicle in connection with the driver's regular
34        occupation  only.  Unless  the  permit  is  issued by the
                            -8-               LRB9108004RCksE
 1        Secretary of State prior to the date of  suspension,  the
 2        privilege  to  drive any motor vehicle shall be suspended
 3        as set forth in the notice that  was  mailed  under  this
 4        Section.  If  an  affidavit is received subsequent to the
 5        effective date of this suspension, a permit may be issued
 6        for the remainder of the suspension period.
 7             The provisions of this subparagraph shall not  apply
 8        to  any  driver  required to obtain a commercial driver's
 9        license under  Section  6-507  during  the  period  of  a
10        disqualification  of  commercial driving privileges under
11        Section 6-514.
12             Any person  who  falsely  states  any  fact  in  the
13        affidavit  required  herein  shall  be  guilty of perjury
14        under Section 6-302 and  upon  conviction  thereof  shall
15        have  all  driving  privileges  revoked  without  further
16        rights.
17             3.  At  the  conclusion  of  a hearing under Section
18        2-118 of this Code, the Secretary of State  shall  either
19        rescind  or  continue  an  order  of  revocation or shall
20        substitute  an  order  of  suspension;  or,  good   cause
21        appearing  therefor, rescind, continue, change, or extend
22        the order of suspension.  If the Secretary of State  does
23        not   rescind   the   order,   the   Secretary  may  upon
24        application,  to  relieve   undue   hardship,   issue   a
25        restricted  driving  permit  granting  the  privilege  of
26        driving   a   motor   vehicle  between  the  petitioner's
27        residence and petitioner's place of employment or  within
28        the  scope  of his employment related duties, or to allow
29        transportation for the petitioner, or a household  member
30        of  the petitioner's family, to receive necessary medical
31        care  and  if  the  professional  evaluation   indicates,
32        provide    transportation   for   alcohol   remedial   or
33        rehabilitative activity, or for the petitioner to  attend
34        classes,  as  a  student,  in  an  accredited educational
                            -9-               LRB9108004RCksE
 1        institution; if the petitioner  is  able  to  demonstrate
 2        that no alternative means of transportation is reasonably
 3        available and the petitioner will not endanger the public
 4        safety or welfare. In each case the Secretary may issue a
 5        restricted   driving   permit   for   a   period   deemed
 6        appropriate,  except that all permits shall expire within
 7        one year from the date of issuance.  A restricted driving
 8        permit issued under this  Section  shall  be  subject  to
 9        cancellation, revocation, and suspension by the Secretary
10        of  State in like manner and for like cause as a driver's
11        license issued under this Code may be cancelled, revoked,
12        or suspended; except that a conviction upon one  or  more
13        offenses   against  laws  or  ordinances  regulating  the
14        movement of traffic shall be deemed sufficient cause  for
15        the   revocation,   suspension,   or  cancellation  of  a
16        restricted driving permit. The Secretary of State may, as
17        a condition to  the  issuance  of  a  restricted  driving
18        permit,   require  the  applicant  to  participate  in  a
19        designated driver remedial or rehabilitative program. The
20        Secretary of State is authorized to cancel  a  restricted
21        driving permit if the permit holder does not successfully
22        complete the program.
23        (c-5)  The  Secretary of State may, as a condition of the
24    reissuance of a driver's license or permit  to  an  applicant
25    under  the  age  of 18 years whose driver's license or permit
26    has been suspended pursuant to any of the provisions of  this
27    Section,  require  the  applicant  to participate in a driver
28    remedial education course and be retested under Section 6-109
29    of this Code.
30        (d)  This Section is subject to  the  provisions  of  the
31    Drivers License Compact.
32        (e)  The  Secretary of State shall not issue a restricted
33    driving permit to a person under the age of  16  years  whose
34    driving  privileges have been suspended or  revoked under any
                            -10-              LRB9108004RCksE
 1    provisions of this Code.
 2    (Source: P.A. 89-283, eff.  1-1-96;  89-428,  eff.  12-13-95;
 3    89-462,  eff.  5-29-96;  90-43,  eff.  7-2-97;  90-106,  eff.
 4    1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)

 5        (625 ILCS 5/11-501.9 new)
 6        Sec. 11-501.9. Suspension of driver's license; refusal to
 7    take  a field sobriety test or portable breathalyzer test, or
 8    both.
 9        (a)  Any person who  drives  or  is  in  actual  physical
10    control  of  a motor vehicle upon the public highways of this
11    State is deemed to have given consent to  standardized  field
12    sobriety tests or a portable breathalyzer test, or both, if a
13    law  enforcement  officer  has  reasonable  suspicion  of the
14    driver's impairment. The  officer,  before  an  arrest,  must
15    request the person to undertake and complete all standardized
16    field  sobriety  tests  as  approved  by the National Highway
17    Traffic Safety  Administration  or  a  portable  breathalyzer
18    test,  or  both.   The test or tests shall be administered at
19    the direction of the  officer.  The  law  enforcement  agency
20    employing  the  officer  shall  designate  which of the tests
21    referred to in this subsection (a) shall be  administered  in
22    its local jurisdiction.
23        The  result  of  a  standardized field sobriety test or a
24    portable breathalyzer test may be used by  the  defendant  as
25    evidence  in any administrative or court proceeding involving
26    a violation of Section 11-501 or 11-501.1.
27        (b)  A person with a medically recognized  disability  is
28    excused  from being required to take a test or tests that may
29    not be performed as a result of the disability.
30        (c)  A person requested to submit to a test  as  provided
31    in  this Section who refuses to take the test shall be warned
32    by the law enforcement officer that a refusal  to  submit  to
33    the  test  may  result  in  the  suspension  of  the person's
                            -11-              LRB9108004RCksE
 1    privilege to operate a  motor  vehicle.  The  length  of  the
 2    suspension  shall be 6 months for a first refusal and 2 years
 3    for a second or subsequent refusal committed within  5  years
 4    of the previous refusal.
 5        (d)  If the person refuses to take the test or tests, the
 6    law  enforcement  officer  shall  immediately  submit a sworn
 7    statement to the Secretary of State on a form  prescribed  by
 8    the  Secretary,  certifying  that  the  test  or  tests  were
 9    requested  under  subsection  (a)  and  the person refused to
10    submit to a test or tests.
11        Upon receipt of the sworn report  of  a  law  enforcement
12    officer,  the  Secretary  shall  enter  the suspension on the
13    individual's driving record, and the suspension is  effective
14    on  the  46th day following the date notice of the suspension
15    was given to the person.
16        The law enforcement officer submitting the  sworn  report
17    shall  serve  immediate  notice  of  this  suspension  on the
18    person, and the suspension  is  effective  on  the  46th  day
19    following the date notice was given.
20        (e)  A  driver  may contest this suspension of his or her
21    driving privileges by requesting  an  administrative  hearing
22    with  the  Secretary in accordance with Section 2-118 of this
23    Code. The administrative hearing must be held within 30  days
24    of  the  request.  The  Secretary  may  rescind, continue, or
25    modify the order of suspension.  Following  a  suspension  of
26    driving  privileges under subsection (d) for a person who has
27    not had his or her driving  privileges  previously  suspended
28    under  subsection  (d),  the  Secretary  of State may issue a
29    restricted driving permit after at least  30  days  from  the
30    effective  date  of  the  suspension.   Following a second or
31    subsequent suspension of driving privileges under  subsection
32    (d)  or under Section 11-501.8, that is based upon the person
33    having refused or failed to  complete  a  test  or  tests  to
34    determine  the  alcohol concentration under Section 11-501.8,
                            -12-              LRB9108004RCksE
 1    the Secretary of State may issue a restricted driving  permit
 2    after  at  least  6  months  from  the  effective date of the
 3    suspension. If the Secretary does not rescind  the  order,  a
 4    restricted  driving  permit  may  be granted by the Secretary
 5    upon  application  being  made  and  good  cause   shown.   A
 6    restricted  driving  permit  may  be granted to relieve undue
 7    hardship to allow  driving  for  employment,  education,  and
 8    medical  purposes  as  provided  for in Section 6-206 of this
 9    Code. The provisions of Section 6-206 of this Code apply.
10        (f)  Upon refusal of the person to  take  the  test,  the
11    officer  may  temporarily impound the person's vehicle for up
12    to 12 hours for a  first  refusal,  24  hours  for  a  second
13    refusal,  and  48  hours for a third refusal. For purposes of
14    this subsection (f), "impound" means that  the  officer  may:
15    (1)  direct  the  person not to drive, (2) take possession of
16    the  person's  vehicle  keys,  or  (3)  secure  the  person's
17    vehicle. The person is liable for all costs of impoundment.

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