State of Illinois
92nd General Assembly

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



 1        AN ACT regarding vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 5    changing 6-205 as follows:

 6        (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
 7        Sec. 6-205.  Mandatory revocation of license  or  permit;
 8    Hardship cases.
 9        (a)  Except as provided in this Section, the Secretary of
10    State  shall  immediately revoke the license or permit of any
11    driver upon receiving a report of the driver's conviction  of
12    any of the following offenses:
13             1.  Reckless  homicide  resulting from the operation
14        of a motor vehicle;
15             2.  Violation of Section 11-501 of this  Code  or  a
16        similar  provision  of  a local ordinance relating to the
17        offense of operating or being in physical  control  of  a
18        vehicle  while under the influence of alcohol, other drug
19        or drugs, intoxicating  compound  or  compounds,  or  any
20        combination  of alcohol, drugs, or intoxicating compounds
21        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;
                            -2-                LRB9206803DHcs
 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.
                            -3-                LRB9206803DHcs
 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, if the professional  evaluation
12    indicates,  provide  transportation  for  the  petitioner for
13    alcohol remedial  or  rehabilitative  activity,  or  for  the
14    petitioner  to attend classes, as a student, in an accredited
15    educational  institution;  if  the  petitioner  is  able   to
16    demonstrate  that  no  alternative means of transportation is
17    reasonably available and the petitioner will not endanger the
18    public safety  or  welfare;  provided  that  the  Secretary's
19    discretion  shall  be  limited  to cases where undue hardship
20    would result from a failure to issue the  restricted  driving
21    permit.  In  each  case  the  Secretary  of State may issue a
22    restricted driving permit for a period he deems  appropriate,
23    except  that the permit shall expire within one year from the
24    date of issuance. A restricted driving  permit  issued  under
25    this  Section  shall  be subject to cancellation, revocation,
26    and suspension by the Secretary of State in like  manner  and
27    for  like  cause as a driver's license issued under this Code
28    may be  cancelled,  revoked,  or  suspended;  except  that  a
29    conviction   upon  one  or  more  offenses  against  laws  or
30    ordinances regulating the movement of traffic shall be deemed
31    sufficient  cause  for   the   revocation,   suspension,   or
32    cancellation of a restricted driving permit. The Secretary of
33    State  may,  as  a  condition to the issuance of a restricted
34    driving permit, require the applicant  to  participate  in  a
                            -4-                LRB9206803DHcs
 1    designated  driver  remedial  or  rehabilitative program. The
 2    Secretary of State  is  authorized  to  cancel  a  restricted
 3    driving  permit  if  the  permit holder does not successfully
 4    complete the program. However,  if  an  individual's  driving
 5    privileges  have been revoked in accordance with paragraph 13
 6    of subsection (a) of  this  Section,  no  restricted  driving
 7    permit  shall  be  issued  until  the individual has served 6
 8    months of the revocation period.
 9        (d)  Whenever a person under the age of 21  is  convicted
10    under Section 11-501 of this Code or a similar provision of a
11    local  ordinance,  the  Secretary  of  State shall revoke the
12    driving privileges of that person.  One year after  the  date
13    of  revocation,  and upon application, the Secretary of State
14    may, if satisfied that the person applying will not  endanger
15    the  public  safety  or  welfare,  issue a restricted driving
16    permit granting the privilege of driving a motor vehicle only
17    between the hours of 5  a.m.  and  9  p.m.  or  as  otherwise
18    provided  by  this  Section  for a period of one year.  After
19    this one year period, and upon reapplication for a license as
20    provided in Section 6-106, upon payment  of  the  appropriate
21    reinstatement  fee  provided  under  paragraph (b) of Section
22    6-118, the Secretary of State, in his discretion,  may  issue
23    the  applicant  a  license,  or extend the restricted driving
24    permit  as  many  times  as  the  Secretary  of  State  deems
25    appropriate, by additional periods of not more than 12 months
26    each, until  the  applicant  attains  21  years  of  age.   A
27    restricted  driving permit issued under this Section shall be
28    subject to cancellation, revocation, and  suspension  by  the
29    Secretary  of  State  in  like manner and for like cause as a
30    driver's license issued under this  Code  may  be  cancelled,
31    revoked,  or  suspended; except that a conviction upon one or
32    more offenses  against  laws  or  ordinances  regulating  the
33    movement  of traffic shall be deemed sufficient cause for the
34    revocation,  suspension,  or  cancellation  of  a  restricted
                            -5-                LRB9206803DHcs
 1    driving permit.  Any person under 21 years of age who  has  a
 2    driver's   license   revoked   for  a  second  or  subsequent
 3    conviction for driving under the influence, prior to the  age
 4    of  21,  shall not be eligible to submit an application for a
 5    full reinstatement of  driving  privileges  or  a  restricted
 6    driving  permit  until age 21 or one additional year from the
 7    date of the latest such revocation, whichever is the  longer.
 8    The  revocation  periods contained in this subparagraph shall
 9    apply to similar out-of-state convictions.
10        (e)  This Section is subject to  the  provisions  of  the
11    Driver License Compact.
12        (f)  Any   revocation   imposed  upon  any  person  under
13    subsections 2 and 3 of paragraph (b) that  is  in  effect  on
14    December  31,  1988  shall be converted to a suspension for a
15    like period of time.
16        (g)  The Secretary of State shall not issue a  restricted
17    driving  permit  to  a person under the age of 16 years whose
18    driving privileges have been revoked under any provisions  of
19    this Code.
20        (h)  The  Secretary  of  State may use ignition interlock
21    device  requirements  when   granting   driving   relief   to
22    individuals who have been arrested for a second or subsequent
23    offense  under  Section  11-501  of  this  Code  or a similar
24    provision  of  a  local  ordinance.   The   Secretary   shall
25    establish  by  rule  and regulation the procedures for use of
26    the interlock system.
27    (Source: P.A.  90-369,  eff.  1-1-98;  90-590,  eff.  1-1-99;
28    90-611,  eff.  1-1-99;  90-779,  eff.  1-1-99;  91-357,  eff.
29    7-29-99.)

[ Top ]