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91_HB3175
LRB9109937DHks
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-205 and 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 Sections 6-205 and 6-206 as follows:
7 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
8 Sec. 6-205. Mandatory revocation of license or permit;
9 Hardship cases.
10 (a) Except as provided in this Section, the Secretary of
11 State shall immediately revoke the license or permit of any
12 driver upon receiving a report of the driver's conviction of
13 any of the following offenses:
14 1. Reckless homicide resulting from the operation
15 of a motor vehicle;
16 2. Violation of Section 11-501 of this Code or a
17 similar provision of a local ordinance relating to the
18 offense of operating or being in physical control of a
19 vehicle while under the influence of alcohol, other drug
20 or drugs, intoxicating compound or compounds, or any
21 combination thereof;
22 3. Any felony under the laws of any State or the
23 federal government in the commission of which a motor
24 vehicle was used;
25 4. Violation of Section 11-401 of this Code
26 relating to the offense of leaving the scene of a traffic
27 accident involving death or personal injury;
28 5. Perjury or the making of a false affidavit or
29 statement under oath to the Secretary of State under this
30 Code or under any other law relating to the ownership or
31 operation of motor vehicles;
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1 6. Conviction upon 3 charges of violation of
2 Section 11-503 of this Code relating to the offense of
3 reckless driving committed within a period of 12 months;
4 7. Conviction of the offense of automobile theft as
5 defined in Section 4-102 of this Code;
6 8. Violation of Section 11-504 of this Code
7 relating to the offense of drag racing;
8 9. Violation of Chapters 8 and 9 of this Code;
9 10. Violation of Section 12-5 of the Criminal Code
10 of 1961 arising from the use of a motor vehicle;
11 11. Violation of Section 11-204.1 of this Code
12 relating to aggravated fleeing or attempting to elude a
13 police officer;
14 12. Violation of paragraph (1) of subsection (b) of
15 Section 6-507, or a similar law of any other state,
16 relating to the unlawful operation of a commercial motor
17 vehicle;
18 13. Violation of paragraph (a) of Section 11-502 of
19 this Code or a similar provision of a local ordinance if
20 the driver has been previously convicted of a violation
21 of that Section or a similar provision of a local
22 ordinance and the driver was less than 21 years of age at
23 the time of the offense.
24 (b) The Secretary of State shall also immediately revoke
25 the license or permit of any driver in the following
26 situations:
27 1. Of any minor upon receiving the notice provided
28 for in Section 5-901 of the Juvenile Court Act of 1987
29 that the minor has been adjudicated under that Act as
30 having committed an offense relating to motor vehicles
31 prescribed in Section 4-103 of this Code;
32 2. Of any person when any other law of this State
33 requires either the revocation or suspension of a license
34 or permit.
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1 (c) Whenever a person is convicted of any of the
2 offenses enumerated in this Section, the court may recommend
3 and the Secretary of State in his discretion, without regard
4 to whether the recommendation is made by the court, may, upon
5 application, issue to the person a restricted driving permit
6 granting the privilege of driving a motor vehicle between the
7 petitioner's residence and petitioner's place of employment
8 or within the scope of the petitioner's employment related
9 duties, or to allow transportation for the petitioner or a
10 household member of the petitioner's family for the receipt
11 of necessary medical care, or to, if the professional
12 evaluation indicates, provide transportation for the
13 petitioner to and from for alcohol or drug remedial or
14 rehabilitative activity recommended by a licensed service
15 provider, or for the petitioner to attend classes, as a
16 student, in an accredited educational institution.; if The
17 petitioner must is able to demonstrate that no alternative
18 means of transportation is reasonably available and that the
19 petitioner will not endanger the public safety or welfare;
20 provided that the Secretary's discretion shall be limited to
21 cases where undue hardship, as defined by the rules of the
22 Secretary of State, would result from a failure to issue the
23 restricted driving permit. Those multiple offenders whose
24 driving privileges have been revoked pursuant to Section
25 6-208(b)(4) of this Code are not eligible for the issuance of
26 a restricted driving permit. In each case the Secretary
27 of State may issue a restricted driving permit for a period
28 he or she deems appropriate, except that the permit shall
29 expire within one year from the date of issuance. A
30 restricted driving permit issued under this Section shall be
31 subject to cancellation, revocation, and suspension by the
32 Secretary of State in like manner and for like cause as a
33 driver's license issued under this Code may be cancelled,
34 revoked, or suspended; except that a conviction upon one or
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1 more offenses against laws or ordinances regulating the
2 movement of traffic shall be deemed sufficient cause for the
3 revocation, suspension, or cancellation of a restricted
4 driving permit. The Secretary of State may, as a condition to
5 the issuance of a restricted driving permit, require the
6 petitioner applicant to participate in a designated driver
7 remedial or rehabilitative program. The Secretary of State is
8 authorized to cancel a restricted driving permit if the
9 permit holder does not successfully complete the program.
10 However, if an individual's driving privileges have been
11 revoked in accordance with paragraph 13 of subsection (a) of
12 this Section, no restricted driving permit shall be issued
13 until the individual has served 6 months of the revocation
14 period.
15 (d) Whenever a person under the age of 21 is convicted
16 under Section 11-501 of this Code or a similar provision of a
17 local ordinance, the Secretary of State shall revoke the
18 driving privileges of that person. One year after the date
19 of revocation, and upon application, the Secretary of State
20 may, if satisfied that the person applying will not endanger
21 the public safety or welfare, issue a restricted driving
22 permit granting the privilege of driving a motor vehicle only
23 between the hours of 5 a.m. and 9 p.m. or as otherwise
24 provided by this Section for a period of one year. After
25 this one year period, and upon reapplication for a license as
26 provided in Section 6-106, upon payment of the appropriate
27 reinstatement fee provided under paragraph (b) of Section
28 6-118, the Secretary of State, in his discretion, may issue
29 the applicant a license, or extend the restricted driving
30 permit as many times as the Secretary of State deems
31 appropriate, by additional periods of not more than 12 months
32 each, until the applicant attains 21 years of age. A
33 restricted driving permit issued under this Section shall be
34 subject to cancellation, revocation, and suspension by the
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1 Secretary of State in like manner and for like cause as a
2 driver's license issued under this Code may be cancelled,
3 revoked, or suspended; except that a conviction upon one or
4 more offenses against laws or ordinances regulating the
5 movement of traffic shall be deemed sufficient cause for the
6 revocation, suspension, or cancellation of a restricted
7 driving permit. Any person under 21 years of age who has a
8 driver's license revoked for a second or subsequent
9 conviction for driving under the influence, prior to the age
10 of 21, shall not be eligible to submit an application for a
11 full reinstatement of driving privileges or a restricted
12 driving permit until age 21 or one additional year from the
13 date of the latest such revocation, whichever is the longer.
14 The revocation periods contained in this subparagraph shall
15 apply to similar out-of-state convictions.
16 (e) This Section is subject to the provisions of the
17 Driver License Compact.
18 (f) Any revocation imposed upon any person under
19 subsections 2 and 3 of paragraph (b) that is in effect on
20 December 31, 1988 shall be converted to a suspension for a
21 like period of time.
22 (g) The Secretary of State shall not issue a restricted
23 driving permit to a person under the age of 16 years whose
24 driving privileges have been revoked under any provisions of
25 this Code.
26 (h) The Secretary of State may use ignition interlock
27 device requirements when granting driving relief to
28 individuals who have been arrested for a second or subsequent
29 offense under Section 11-501 of this Code or a similar
30 provision of a local ordinance. The Secretary shall
31 establish by rule and regulation the procedures for use of
32 the interlock system.
33 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
34 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; 91-357, eff.
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1 7-29-99.)
2 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
3 Sec. 6-206. Discretionary authority to suspend or revoke
4 license or permit; Right to a hearing.
5 (a) The Secretary of State is authorized to suspend or
6 revoke the driving privileges of any person without
7 preliminary hearing upon a showing of the person's records or
8 other sufficient evidence that the person:
9 1. Has committed an offense for which mandatory
10 revocation of a driver's license or permit is required
11 upon conviction;
12 2. Has been convicted of not less than 3 offenses
13 against traffic regulations governing the movement of
14 vehicles committed within any 12 month period. No
15 revocation or suspension shall be entered more than 6
16 months after the date of last conviction;
17 3. Has been repeatedly involved as a driver in
18 motor vehicle collisions or has been repeatedly convicted
19 of offenses against laws and ordinances regulating the
20 movement of traffic, to a degree that indicates lack of
21 ability to exercise ordinary and reasonable care in the
22 safe operation of a motor vehicle or disrespect for the
23 traffic laws and the safety of other persons upon the
24 highway;
25 4. Has by the unlawful operation of a motor vehicle
26 caused or contributed to an accident resulting in death
27 or injury requiring immediate professional treatment in a
28 medical facility or doctor's office to any person, except
29 that any suspension or revocation imposed by the
30 Secretary of State under the provisions of this
31 subsection shall start no later than 6 months after being
32 convicted of violating a law or ordinance regulating the
33 movement of traffic, which violation is related to the
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1 accident, or shall start not more than one year after the
2 date of the accident, whichever date occurs later;
3 5. Has permitted an unlawful or fraudulent use of a
4 driver's license, identification card, or permit;
5 6. Has been lawfully convicted of an offense or
6 offenses in another state, including the authorization
7 contained in Section 6-203.1, which if committed within
8 this State would be grounds for suspension or revocation;
9 7. Has refused or failed to submit to an
10 examination provided for by Section 6-207 or has failed
11 to pass the examination;
12 8. Is ineligible for a driver's license or permit
13 under the provisions of Section 6-103;
14 9. Has made a false statement or knowingly
15 concealed a material fact or has used false information
16 or identification in any application for a license,
17 identification card, or permit;
18 10. Has possessed, displayed, or attempted to
19 fraudulently use any license, identification card, or
20 permit not issued to the person;
21 11. Has operated a motor vehicle upon a highway of
22 this State when the person's driving privilege or
23 privilege to obtain a driver's license or permit was
24 revoked or suspended unless the operation was authorized
25 by a judicial driving permit, probationary license to
26 drive, or a restricted driving permit issued under this
27 Code;
28 12. Has submitted to any portion of the application
29 process for another person or has obtained the services
30 of another person to submit to any portion of the
31 application process for the purpose of obtaining a
32 license, identification card, or permit for some other
33 person;
34 13. Has operated a motor vehicle upon a highway of
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1 this State when the person's driver's license or permit
2 was invalid under the provisions of Sections 6-107.1 and
3 6-110;
4 14. Has committed a violation of Section 6-301,
5 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
6 14B of the Illinois Identification Card Act;
7 15. Has been convicted of violating Section 21-2 of
8 the Criminal Code of 1961 relating to criminal trespass
9 to vehicles in which case, the suspension shall be for
10 one year;
11 16. Has been convicted of violating Section 11-204
12 of this Code relating to fleeing from a police officer;
13 17. Has refused to submit to a test, or tests, as
14 required under Section 11-501.1 of this Code and the
15 person has not sought a hearing as provided for in
16 Section 11-501.1;
17 18. Has, since issuance of a driver's license or
18 permit, been adjudged to be afflicted with or suffering
19 from any mental disability or disease;
20 19. Has committed a violation of paragraph (a) or
21 (b) of Section 6-101 relating to driving without a
22 driver's license;
23 20. Has been convicted of violating Section 6-104
24 relating to classification of driver's license;
25 21. Has been convicted of violating Section 11-402
26 of this Code relating to leaving the scene of an accident
27 resulting in damage to a vehicle in excess of $1,000, in
28 which case the suspension shall be for one year;
29 22. Has used a motor vehicle in violating paragraph
30 (3), (4), (7), or (9) of subsection (a) of Section 24-1
31 of the Criminal Code of 1961 relating to unlawful use of
32 weapons, in which case the suspension shall be for one
33 year;
34 23. Has, as a driver, been convicted of committing
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1 a violation of paragraph (a) of Section 11-502 of this
2 Code for a second or subsequent time within one year of a
3 similar violation;
4 24. Has been convicted by a court-martial or
5 punished by non-judicial punishment by military
6 authorities of the United States at a military
7 installation in Illinois of or for a traffic related
8 offense that is the same as or similar to an offense
9 specified under Section 6-205 or 6-206 of this Code;
10 25. Has permitted any form of identification to be
11 used by another in the application process in order to
12 obtain or attempt to obtain a license, identification
13 card, or permit;
14 26. Has altered or attempted to alter a license or
15 has possessed an altered license, identification card, or
16 permit;
17 27. Has violated Section 6-16 of the Liquor Control
18 Act of 1934;
19 28. Has been convicted of the illegal possession,
20 while operating or in actual physical control, as a
21 driver, of a motor vehicle, of any controlled substance
22 prohibited under the Illinois Controlled Substances Act
23 or any cannabis prohibited under the provisions of the
24 Cannabis Control Act, in which case the person's driving
25 privileges shall be suspended for one year, and any
26 driver who is convicted of a second or subsequent
27 offense, within 5 years of a previous conviction, for the
28 illegal possession, while operating or in actual physical
29 control, as a driver, of a motor vehicle, of any
30 controlled substance prohibited under the provisions of
31 the Illinois Controlled Substances Act or any cannabis
32 prohibited under the Cannabis Control Act shall be
33 suspended for 5 years. Any defendant found guilty of this
34 offense while operating a motor vehicle, shall have an
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1 entry made in the court record by the presiding judge
2 that this offense did occur while the defendant was
3 operating a motor vehicle and order the clerk of the
4 court to report the violation to the Secretary of State;
5 29. Has been convicted of the following offenses
6 that were committed while the person was operating or in
7 actual physical control, as a driver, of a motor vehicle:
8 criminal sexual assault, predatory criminal sexual
9 assault of a child, aggravated criminal sexual assault,
10 criminal sexual abuse, aggravated criminal sexual abuse,
11 juvenile pimping, soliciting for a juvenile prostitute
12 and the manufacture, sale or delivery of controlled
13 substances or instruments used for illegal drug use or
14 abuse in which case the driver's driving privileges shall
15 be suspended for one year;
16 30. Has been convicted a second or subsequent time
17 for any combination of the offenses named in paragraph 29
18 of this subsection, in which case the person's driving
19 privileges shall be suspended for 5 years;
20 31. Has refused to submit to a test as required by
21 Section 11-501.6 or has submitted to a test resulting in
22 an alcohol concentration of 0.08 or more or any amount of
23 a drug, substance, or compound resulting from the
24 unlawful use or consumption of cannabis as listed in the
25 Cannabis Control Act or a controlled substance as listed
26 in the Illinois Controlled Substances Act in which case
27 the penalty shall be as prescribed in Section 6-208.1;
28 32. Has been convicted of Section 24-1.2 of the
29 Criminal Code of 1961 relating to the aggravated
30 discharge of a firearm if the offender was located in a
31 motor vehicle at the time the firearm was discharged, in
32 which case the suspension shall be for 3 years;
33 33. Has as a driver, who was less than 21 years of
34 age on the date of the offense, been convicted a first
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1 time of a violation of paragraph (a) of Section 11-502 of
2 this Code or a similar provision of a local ordinance;
3 34. Has committed a violation of Section 11-1301.5
4 of this Code;
5 35. Has committed a violation of Section 11-1301.6
6 of this Code; or
7 36. Is under the age of 21 years at the time of
8 arrest and has been convicted of not less than 2
9 offenses against traffic regulations governing the
10 movement of vehicles committed within any 24 month
11 period. No revocation or suspension shall be entered
12 more than 6 months after the date of last conviction.
13 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
14 and 27 of this subsection, license means any driver's
15 license, any traffic ticket issued when the person's driver's
16 license is deposited in lieu of bail, a suspension notice
17 issued by the Secretary of State, a duplicate or corrected
18 driver's license, a probationary driver's license or a
19 temporary driver's license.
20 (b) If any conviction forming the basis of a suspension
21 or revocation authorized under this Section is appealed, the
22 Secretary of State may rescind or withhold the entry of the
23 order of suspension or revocation, as the case may be,
24 provided that a certified copy of a stay order of a court is
25 filed with the Secretary of State. If the conviction is
26 affirmed on appeal, the date of the conviction shall relate
27 back to the time the original judgment of conviction was
28 entered and the 6 month limitation prescribed shall not
29 apply.
30 (c) 1. Upon suspending or revoking the driver's license
31 or permit of any person as authorized in this Section,
32 the Secretary of State shall immediately notify the
33 person in writing of the revocation or suspension. The
34 notice to be deposited in the United States mail, postage
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1 prepaid, to the last known address of the person.
2 2. If the Secretary of State suspends the driver's
3 license of a person under subsection 2 of paragraph (a)
4 of this Section, a person's privilege to operate a
5 vehicle as an occupation shall not be suspended, provided
6 an affidavit is properly completed, the appropriate fee
7 received, and a permit issued prior to the effective date
8 of the suspension, unless 5 offenses were committed, at
9 least 2 of which occurred while operating a commercial
10 vehicle in connection with the driver's regular
11 occupation. All other driving privileges shall be
12 suspended by the Secretary of State. Any driver prior to
13 operating a vehicle for occupational purposes only must
14 submit the affidavit on forms to be provided by the
15 Secretary of State setting forth the facts of the
16 person's occupation. The affidavit shall also state the
17 number of offenses committed while operating a vehicle in
18 connection with the driver's regular occupation. The
19 affidavit shall be accompanied by the driver's license.
20 Upon receipt of a properly completed affidavit, the
21 Secretary of State shall issue the driver a permit to
22 operate a vehicle in connection with the driver's regular
23 occupation only. Unless the permit is issued by the
24 Secretary of State prior to the date of suspension, the
25 privilege to drive any motor vehicle shall be suspended
26 as set forth in the notice that was mailed under this
27 Section. If an affidavit is received subsequent to the
28 effective date of this suspension, a permit may be issued
29 for the remainder of the suspension period.
30 The provisions of this subparagraph shall not apply
31 to any driver required to obtain a commercial driver's
32 license under Section 6-507 during the period of a
33 disqualification of commercial driving privileges under
34 Section 6-514.
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1 Any person who falsely states any fact in the
2 affidavit required herein shall be guilty of perjury
3 under Section 6-302 and upon conviction thereof shall
4 have all driving privileges revoked without further
5 rights.
6 3. At the conclusion of a hearing under Section
7 2-118 of this Code, the Secretary of State shall either
8 rescind or continue an order of revocation or shall
9 substitute an order of suspension; or, good cause
10 appearing therefor, rescind, continue, change, or extend
11 the order of suspension. If the Secretary of State does
12 not rescind the order, the Secretary may upon
13 application, to relieve undue hardship, issue a
14 restricted driving permit granting the privilege of
15 driving a motor vehicle between the petitioner's
16 residence and petitioner's place of employment or within
17 the scope of the petitioner's his employment related
18 duties, or to allow transportation for the petitioner, or
19 a household member of the petitioner's family, to receive
20 necessary medical care, or to and if the professional
21 evaluation indicates, provide transportation for the
22 petitioner to and from alcohol or drug remedial or
23 rehabilitative activity recommended by a licensed
24 provider, or for the petitioner to attend classes, as a
25 student, in an accredited educational institution.; if
26 The petitioner must is able to demonstrate that no
27 alternative means of transportation is reasonably
28 available and that the petitioner will not endanger the
29 public safety or welfare. Those multiple offenders whose
30 driving privileges have been revoked pursuant to Section
31 6-208(b)(4) of this Code are not eligible for the
32 issuance of a restricted driving permit.
33 In each case the Secretary may issue a restricted driving
34 permit for a period deemed appropriate, except that all
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1 permits shall expire within one year from the date of
2 issuance. A restricted driving permit issued under this
3 Section shall be subject to cancellation, revocation, and
4 suspension by the Secretary of State in like manner and for
5 like cause as a driver's license issued under this Code may
6 be cancelled, revoked, or suspended; except that a conviction
7 upon one or more offenses against laws or ordinances
8 regulating the movement of traffic shall be deemed sufficient
9 cause for the revocation, suspension, or cancellation of a
10 restricted driving permit. The Secretary of State may, as a
11 condition to the issuance of a restricted driving permit,
12 require the petitioner applicant to participate in a
13 designated driver remedial or rehabilitative program. The
14 Secretary of State is authorized to cancel a restricted
15 driving permit if the permit holder does not successfully
16 complete the program.
17 (c-5) The Secretary of State may, as a condition of the
18 reissuance of a driver's license or permit to an applicant
19 under the age of 18 years whose driver's license or permit
20 has been suspended pursuant to any of the provisions of this
21 Section, require the applicant to participate in a driver
22 remedial education course and be retested under Section 6-109
23 of this Code.
24 (d) This Section is subject to the provisions of the
25 Drivers License Compact.
26 (e) The Secretary of State shall not issue a restricted
27 driving permit to a person under the age of 16 years whose
28 driving privileges have been suspended or revoked under any
29 provisions of this Code.
30 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
31 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
32 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.