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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 002 ] |
92_HB5941enr HB5941 Enrolled LRB9215093DHgc 1 AN ACT in relation to alcoholic liquor. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Liquor Control Act of 1934 is amended by 5 changing Section 4-4 as follows: 6 (235 ILCS 5/4-4) (from Ch. 43, par. 112) 7 Sec. 4-4. Each local liquor control commissioner shall 8 also have the following powers, functions and duties with 9 respect to licenses, other than licenses to manufacturers, 10 importing distributors, distributors, foreign importers, 11 non-resident dealers, non-beverage users, brokers, railroads, 12 airplanes and boats. 13 1. To grant and or suspend for not more than thirty 14 days or revoke for cause all local licenses issued to 15 persons for premises within his jurisdiction; 16 2. To enter or to authorize any law enforcing 17 officer to enter at any time upon any premises licensed 18 hereunder to determine whether any of the provisions of 19 this Act or any rules or regulations adopted by him or by 20 the State Commission have been or are being violated, and 21 at such time to examine said premises of said licensee in 22 connection therewith; 23 3. To notify the Secretary of State where a club 24 incorporated under the General Not for Profit Corporation 25 Act of 1986 or a foreign corporation functioning as a 26 club in this State under a certificate of authority 27 issued under that Act has violated this Act by selling or 28 offering for sale at retail alcoholic liquors without a 29 retailer's license; 30 4. To receive complaint from any citizen within his 31 jurisdiction that any of the provisions of this Act, or HB5941 Enrolled -2- LRB9215093DHgc 1 any rules or regulations adopted pursuant hereto, have 2 been or are being violated and to act upon such 3 complaints in the manner hereinafter provided; 4 5. To receive local license fees and pay the same 5 forthwith to the city, village, town or county treasurer 6 as the case may be. 7 Each local liquor commissioner also has the duty to 8 notify the Secretary of State of any convictions for a 9 violation of Section 6-20 of this Act or a similar provision 10 of a local ordinance. 11 In counties and municipalities, the local liquor control 12 commissioners shall also have the power to levy fines in 13 accordance with Section 7-5 of this Act. 14 (Source: P.A. 91-357, eff. 7-29-99.) 15 Section 10. The Illinois Vehicle Code is amended by 16 changing Section 6-206 as follows: 17 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 18 Sec. 6-206. Discretionary authority to suspend or revoke 19 license or permit; Right to a hearing. 20 (a) The Secretary of State is authorized to suspend or 21 revoke the driving privileges of any person without 22 preliminary hearing upon a showing of the person's records or 23 other sufficient evidence that the person: 24 1. Has committed an offense for which mandatory 25 revocation of a driver's license or permit is required 26 upon conviction; 27 2. Has been convicted of not less than 3 offenses 28 against traffic regulations governing the movement of 29 vehicles committed within any 12 month period. No 30 revocation or suspension shall be entered more than 6 31 months after the date of last conviction; 32 3. Has been repeatedly involved as a driver in HB5941 Enrolled -3- LRB9215093DHgc 1 motor vehicle collisions or has been repeatedly convicted 2 of offenses against laws and ordinances regulating the 3 movement of traffic, to a degree that indicates lack of 4 ability to exercise ordinary and reasonable care in the 5 safe operation of a motor vehicle or disrespect for the 6 traffic laws and the safety of other persons upon the 7 highway; 8 4. Has by the unlawful operation of a motor vehicle 9 caused or contributed to an accident resulting in death 10 or injury requiring immediate professional treatment in a 11 medical facility or doctor's office to any person, except 12 that any suspension or revocation imposed by the 13 Secretary of State under the provisions of this 14 subsection shall start no later than 6 months after being 15 convicted of violating a law or ordinance regulating the 16 movement of traffic, which violation is related to the 17 accident, or shall start not more than one year after the 18 date of the accident, whichever date occurs later; 19 5. Has permitted an unlawful or fraudulent use of a 20 driver's license, identification card, or permit; 21 6. Has been lawfully convicted of an offense or 22 offenses in another state, including the authorization 23 contained in Section 6-203.1, which if committed within 24 this State would be grounds for suspension or revocation; 25 7. Has refused or failed to submit to an 26 examination provided for by Section 6-207 or has failed 27 to pass the examination; 28 8. Is ineligible for a driver's license or permit 29 under the provisions of Section 6-103; 30 9. Has made a false statement or knowingly 31 concealed a material fact or has used false information 32 or identification in any application for a license, 33 identification card, or permit; 34 10. Has possessed, displayed, or attempted to HB5941 Enrolled -4- LRB9215093DHgc 1 fraudulently use any license, identification card, or 2 permit not issued to the person; 3 11. Has operated a motor vehicle upon a highway of 4 this State when the person's driving privilege or 5 privilege to obtain a driver's license or permit was 6 revoked or suspended unless the operation was authorized 7 by a judicial driving permit, probationary license to 8 drive, or a restricted driving permit issued under this 9 Code; 10 12. Has submitted to any portion of the application 11 process for another person or has obtained the services 12 of another person to submit to any portion of the 13 application process for the purpose of obtaining a 14 license, identification card, or permit for some other 15 person; 16 13. Has operated a motor vehicle upon a highway of 17 this State when the person's driver's license or permit 18 was invalid under the provisions of Sections 6-107.1 and 19 6-110; 20 14. Has committed a violation of Section 6-301, 21 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 22 14B of the Illinois Identification Card Act; 23 15. Has been convicted of violating Section 21-2 of 24 the Criminal Code of 1961 relating to criminal trespass 25 to vehicles in which case, the suspension shall be for 26 one year; 27 16. Has been convicted of violating Section 11-204 28 of this Code relating to fleeing from a police officer; 29 17. Has refused to submit to a test, or tests, as 30 required under Section 11-501.1 of this Code and the 31 person has not sought a hearing as provided for in 32 Section 11-501.1; 33 18. Has, since issuance of a driver's license or 34 permit, been adjudged to be afflicted with or suffering HB5941 Enrolled -5- LRB9215093DHgc 1 from any mental disability or disease; 2 19. Has committed a violation of paragraph (a) or 3 (b) of Section 6-101 relating to driving without a 4 driver's license; 5 20. Has been convicted of violating Section 6-104 6 relating to classification of driver's license; 7 21. Has been convicted of violating Section 11-402 8 of this Code relating to leaving the scene of an accident 9 resulting in damage to a vehicle in excess of $1,000, in 10 which case the suspension shall be for one year; 11 22. Has used a motor vehicle in violating paragraph 12 (3), (4), (7), or (9) of subsection (a) of Section 24-1 13 of the Criminal Code of 1961 relating to unlawful use of 14 weapons, in which case the suspension shall be for one 15 year; 16 23. Has, as a driver, been convicted of committing 17 a violation of paragraph (a) of Section 11-502 of this 18 Code for a second or subsequent time within one year of a 19 similar violation; 20 24. Has been convicted by a court-martial or 21 punished by non-judicial punishment by military 22 authorities of the United States at a military 23 installation in Illinois of or for a traffic related 24 offense that is the same as or similar to an offense 25 specified under Section 6-205 or 6-206 of this Code; 26 25. Has permitted any form of identification to be 27 used by another in the application process in order to 28 obtain or attempt to obtain a license, identification 29 card, or permit; 30 26. Has altered or attempted to alter a license or 31 has possessed an altered license, identification card, or 32 permit; 33 27. Has violated Section 6-16 of the Liquor Control 34 Act of 1934; HB5941 Enrolled -6- LRB9215093DHgc 1 28. Has been convicted of the illegal possession, 2 while operating or in actual physical control, as a 3 driver, of a motor vehicle, of any controlled substance 4 prohibited under the Illinois Controlled Substances Act 5 or any cannabis prohibited under the provisions of the 6 Cannabis Control Act, in which case the person's driving 7 privileges shall be suspended for one year, and any 8 driver who is convicted of a second or subsequent 9 offense, within 5 years of a previous conviction, for the 10 illegal possession, while operating or in actual physical 11 control, as a driver, of a motor vehicle, of any 12 controlled substance prohibited under the provisions of 13 the Illinois Controlled Substances Act or any cannabis 14 prohibited under the Cannabis Control Act shall be 15 suspended for 5 years. Any defendant found guilty of this 16 offense while operating a motor vehicle, shall have an 17 entry made in the court record by the presiding judge 18 that this offense did occur while the defendant was 19 operating a motor vehicle and order the clerk of the 20 court to report the violation to the Secretary of State; 21 29. Has been convicted of the following offenses 22 that were committed while the person was operating or in 23 actual physical control, as a driver, of a motor vehicle: 24 criminal sexual assault, predatory criminal sexual 25 assault of a child, aggravated criminal sexual assault, 26 criminal sexual abuse, aggravated criminal sexual abuse, 27 juvenile pimping, soliciting for a juvenile prostitute 28 and the manufacture, sale or delivery of controlled 29 substances or instruments used for illegal drug use or 30 abuse in which case the driver's driving privileges shall 31 be suspended for one year; 32 30. Has been convicted a second or subsequent time 33 for any combination of the offenses named in paragraph 29 34 of this subsection, in which case the person's driving HB5941 Enrolled -7- LRB9215093DHgc 1 privileges shall be suspended for 5 years; 2 31. Has refused to submit to a test as required by 3 Section 11-501.6 or has submitted to a test resulting in 4 an alcohol concentration of 0.08 or more or any amount of 5 a drug, substance, or compound resulting from the 6 unlawful use or consumption of cannabis as listed in the 7 Cannabis Control Act, a controlled substance as listed in 8 the Illinois Controlled Substances Act, or an 9 intoxicating compound as listed in the Use of 10 Intoxicating Compounds Act, in which case the penalty 11 shall be as prescribed in Section 6-208.1; 12 32. Has been convicted of Section 24-1.2 of the 13 Criminal Code of 1961 relating to the aggravated 14 discharge of a firearm if the offender was located in a 15 motor vehicle at the time the firearm was discharged, in 16 which case the suspension shall be for 3 years; 17 33. Has as a driver, who was less than 21 years of 18 age on the date of the offense, been convicted a first 19 time of a violation of paragraph (a) of Section 11-502 of 20 this Code or a similar provision of a local ordinance; 21 34. Has committed a violation of Section 11-1301.5 22 of this Code; 23 35. Has committed a violation of Section 11-1301.6 24 of this Code;or25 36. Is under the age of 21 years at the time of 26 arrest and has been convicted of not less than 2 27 offenses against traffic regulations governing the 28 movement of vehicles committed within any 24 month 29 period. No revocation or suspension shall be entered 30 more than 6 months after the date of last conviction;or31 37. Has committed a violation of subsection (c) of 32 Section 11-907 of this Code; or.33 38. Has been convicted of a violation of Section 34 6-20 of the Liquor Control Act of 1934 or a similar HB5941 Enrolled -8- LRB9215093DHgc 1 provision of a local ordinance. 2 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 3 and 27 of this subsection, license means any driver's 4 license, any traffic ticket issued when the person's driver's 5 license is deposited in lieu of bail, a suspension notice 6 issued by the Secretary of State, a duplicate or corrected 7 driver's license, a probationary driver's license or a 8 temporary driver's license. 9 (b) If any conviction forming the basis of a suspension 10 or revocation authorized under this Section is appealed, the 11 Secretary of State may rescind or withhold the entry of the 12 order of suspension or revocation, as the case may be, 13 provided that a certified copy of a stay order of a court is 14 filed with the Secretary of State. If the conviction is 15 affirmed on appeal, the date of the conviction shall relate 16 back to the time the original judgment of conviction was 17 entered and the 6 month limitation prescribed shall not 18 apply. 19 (c) 1. Upon suspending or revoking the driver's license 20 or permit of any person as authorized in this Section, 21 the Secretary of State shall immediately notify the 22 person in writing of the revocation or suspension. The 23 notice to be deposited in the United States mail, postage 24 prepaid, to the last known address of the person. 25 2. If the Secretary of State suspends the driver's 26 license of a person under subsection 2 of paragraph (a) 27 of this Section, a person's privilege to operate a 28 vehicle as an occupation shall not be suspended, provided 29 an affidavit is properly completed, the appropriate fee 30 received, and a permit issued prior to the effective date 31 of the suspension, unless 5 offenses were committed, at 32 least 2 of which occurred while operating a commercial 33 vehicle in connection with the driver's regular 34 occupation. All other driving privileges shall be HB5941 Enrolled -9- LRB9215093DHgc 1 suspended by the Secretary of State. Any driver prior to 2 operating a vehicle for occupational purposes only must 3 submit the affidavit on forms to be provided by the 4 Secretary of State setting forth the facts of the 5 person's occupation. The affidavit shall also state the 6 number of offenses committed while operating a vehicle in 7 connection with the driver's regular occupation. The 8 affidavit shall be accompanied by the driver's license. 9 Upon receipt of a properly completed affidavit, the 10 Secretary of State shall issue the driver a permit to 11 operate a vehicle in connection with the driver's regular 12 occupation only. Unless the permit is issued by the 13 Secretary of State prior to the date of suspension, the 14 privilege to drive any motor vehicle shall be suspended 15 as set forth in the notice that was mailed under this 16 Section. If an affidavit is received subsequent to the 17 effective date of this suspension, a permit may be issued 18 for the remainder of the suspension period. 19 The provisions of this subparagraph shall not apply 20 to any driver required to obtain a commercial driver's 21 license under Section 6-507 during the period of a 22 disqualification of commercial driving privileges under 23 Section 6-514. 24 Any person who falsely states any fact in the 25 affidavit required herein shall be guilty of perjury 26 under Section 6-302 and upon conviction thereof shall 27 have all driving privileges revoked without further 28 rights. 29 3. At the conclusion of a hearing under Section 30 2-118 of this Code, the Secretary of State shall either 31 rescind or continue an order of revocation or shall 32 substitute an order of suspension; or, good cause 33 appearing therefor, rescind, continue, change, or extend 34 the order of suspension. If the Secretary of State does HB5941 Enrolled -10- LRB9215093DHgc 1 not rescind the order, the Secretary may upon 2 application, to relieve undue hardship, issue a 3 restricted driving permit granting the privilege of 4 driving a motor vehicle between the petitioner's 5 residence and petitioner's place of employment or within 6 the scope of his employment related duties, or to allow 7 transportation for the petitioner, or a household member 8 of the petitioner's family, to receive necessary medical 9 care and if the professional evaluation indicates, 10 provide transportation for alcohol remedial or 11 rehabilitative activity, or for the petitioner to attend 12 classes, as a student, in an accredited educational 13 institution; if the petitioner is able to demonstrate 14 that no alternative means of transportation is reasonably 15 available and the petitioner will not endanger the public 16 safety or welfare. 17 If a person's license or permit has been revoked or 18 suspended due to 2 or more convictions of violating 19 Section 11-501 of this Code or a similar provision of a 20 local ordinance or a similar out-of-state offense, 21 arising out of separate occurrences, that person, if 22 issued a restricted driving permit, may not operate a 23 vehicle unless it has been equipped with an ignition 24 interlock device as defined in Section 1-129.1. 25 If a person's license or permit has been revoked or 26 suspended 2 or more times within a 10 year period due to 27 a single conviction of violating Section 11-501 of this 28 Code or a similar provision of a local ordinance or a 29 similar out-of-state offense, and a statutory summary 30 suspension under Section 11-501.1, or 2 or more statutory 31 summary suspensions, or combination of 2 offenses, or of 32 an offense and a statutory summary suspension, arising 33 out of separate occurrences, that person, if issued a 34 restricted driving permit, may not operate a vehicle HB5941 Enrolled -11- LRB9215093DHgc 1 unless it has been equipped with an ignition interlock 2 device as defined in Section 1-129.1. The person must pay 3 to the Secretary of State DUI Administration Fund an 4 amount not to exceed $20 per month. The Secretary shall 5 establish by rule the amount and the procedures, terms, 6 and conditions relating to these fees. If the restricted 7 driving permit was issued for employment purposes, then 8 this provision does not apply to the operation of an 9 occupational vehicle owned or leased by that person's 10 employer. In each case the Secretary may issue a 11 restricted driving permit for a period deemed 12 appropriate, except that all permits shall expire within 13 one year from the date of issuance. The Secretary may 14 not, however, issue a restricted driving permit to any 15 person whose current revocation is the result of a second 16 or subsequent conviction for a violation of Section 17 11-501 of this Code or a similar provision of a local 18 ordinance relating to the offense of operating or being 19 in physical control of a motor vehicle while under the 20 influence of alcohol, other drug or drugs, intoxicating 21 compound or compounds, or any similar out-of-state 22 offense, or any combination of those offenses, until the 23 expiration of at least one year from the date of the 24 revocation. A restricted driving permit issued under this 25 Section shall be subject to cancellation, revocation, and 26 suspension by the Secretary of State in like manner and 27 for like cause as a driver's license issued under this 28 Code may be cancelled, revoked, or suspended; except that 29 a conviction upon one or more offenses against laws or 30 ordinances regulating the movement of traffic shall be 31 deemed sufficient cause for the revocation, suspension, 32 or cancellation of a restricted driving permit. The 33 Secretary of State may, as a condition to the issuance of 34 a restricted driving permit, require the applicant to HB5941 Enrolled -12- LRB9215093DHgc 1 participate in a designated driver remedial or 2 rehabilitative program. The Secretary of State is 3 authorized to cancel a restricted driving permit if the 4 permit holder does not successfully complete the program. 5 (c-5) The Secretary of State may, as a condition of the 6 reissuance of a driver's license or permit to an applicant 7 whose driver's license or permit has been suspended before he 8 or she reached the age of 18 years pursuant to any of the 9 provisions of this Section, require the applicant to 10 participate in a driver remedial education course and be 11 retested under Section 6-109 of this Code. 12 (d) This Section is subject to the provisions of the 13 Drivers License Compact. 14 (e) The Secretary of State shall not issue a restricted 15 driving permit to a person under the age of 16 years whose 16 driving privileges have been suspended or revoked under any 17 provisions of this Code. 18 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; 19 92-458, eff. 8-22-01; revised 8-27-01.)