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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 002 ] |
92_HB5941eng HB5941 Engrossed LRB9215093DHgc 1 AN ACT in relation to 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 Section 6-206 as follows: 6 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 7 Sec. 6-206. Discretionary authority to suspend or revoke 8 license or permit; Right to a hearing. 9 (a) The Secretary of State is authorized to suspend or 10 revoke the driving privileges of any person without 11 preliminary hearing upon a showing of the person's records or 12 other sufficient evidence that the person: 13 1. Has committed an offense for which mandatory 14 revocation of a driver's license or permit is required 15 upon conviction; 16 2. Has been convicted of not less than 3 offenses 17 against traffic regulations governing the movement of 18 vehicles committed within any 12 month period. No 19 revocation or suspension shall be entered more than 6 20 months after the date of last conviction; 21 3. Has been repeatedly involved as a driver in 22 motor vehicle collisions or has been repeatedly convicted 23 of offenses against laws and ordinances regulating the 24 movement of traffic, to a degree that indicates lack of 25 ability to exercise ordinary and reasonable care in the 26 safe operation of a motor vehicle or disrespect for the 27 traffic laws and the safety of other persons upon the 28 highway; 29 4. Has by the unlawful operation of a motor vehicle 30 caused or contributed to an accident resulting in death 31 or injury requiring immediate professional treatment in a HB5941 Engrossed -2- LRB9215093DHgc 1 medical facility or doctor's office to any person, except 2 that any suspension or revocation imposed by the 3 Secretary of State under the provisions of this 4 subsection shall start no later than 6 months after being 5 convicted of violating a law or ordinance regulating the 6 movement of traffic, which violation is related to the 7 accident, or shall start not more than one year after the 8 date of the accident, whichever date occurs later; 9 5. Has permitted an unlawful or fraudulent use of a 10 driver's license, identification card, or permit; 11 6. Has been lawfully convicted of an offense or 12 offenses in another state, including the authorization 13 contained in Section 6-203.1, which if committed within 14 this State would be grounds for suspension or revocation; 15 7. Has refused or failed to submit to an 16 examination provided for by Section 6-207 or has failed 17 to pass the examination; 18 8. Is ineligible for a driver's license or permit 19 under the provisions of Section 6-103; 20 9. Has made a false statement or knowingly 21 concealed a material fact or has used false information 22 or identification in any application for a license, 23 identification card, or permit; 24 10. Has possessed, displayed, or attempted to 25 fraudulently use any license, identification card, or 26 permit not issued to the person; 27 11. Has operated a motor vehicle upon a highway of 28 this State when the person's driving privilege or 29 privilege to obtain a driver's license or permit was 30 revoked or suspended unless the operation was authorized 31 by a judicial driving permit, probationary license to 32 drive, or a restricted driving permit issued under this 33 Code; 34 12. Has submitted to any portion of the application HB5941 Engrossed -3- LRB9215093DHgc 1 process for another person or has obtained the services 2 of another person to submit to any portion of the 3 application process for the purpose of obtaining a 4 license, identification card, or permit for some other 5 person; 6 13. Has operated a motor vehicle upon a highway of 7 this State when the person's driver's license or permit 8 was invalid under the provisions of Sections 6-107.1 and 9 6-110; 10 14. Has committed a violation of Section 6-301, 11 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 12 14B of the Illinois Identification Card Act; 13 15. Has been convicted of violating Section 21-2 of 14 the Criminal Code of 1961 relating to criminal trespass 15 to vehicles in which case, the suspension shall be for 16 one year; 17 16. Has been convicted of violating Section 11-204 18 of this Code relating to fleeing from a police officer; 19 17. Has refused to submit to a test, or tests, as 20 required under Section 11-501.1 of this Code and the 21 person has not sought a hearing as provided for in 22 Section 11-501.1; 23 18. Has, since issuance of a driver's license or 24 permit, been adjudged to be afflicted with or suffering 25 from any mental disability or disease; 26 19. Has committed a violation of paragraph (a) or 27 (b) of Section 6-101 relating to driving without a 28 driver's license; 29 20. Has been convicted of violating Section 6-104 30 relating to classification of driver's license; 31 21. Has been convicted of violating Section 11-402 32 of this Code relating to leaving the scene of an accident 33 resulting in damage to a vehicle in excess of $1,000, in 34 which case the suspension shall be for one year; HB5941 Engrossed -4- LRB9215093DHgc 1 22. Has used a motor vehicle in violating paragraph 2 (3), (4), (7), or (9) of subsection (a) of Section 24-1 3 of the Criminal Code of 1961 relating to unlawful use of 4 weapons, in which case the suspension shall be for one 5 year; 6 23. Has, as a driver, been convicted of committing 7 a violation of paragraph (a) of Section 11-502 of this 8 Code for a second or subsequent time within one year of a 9 similar violation; 10 24. Has been convicted by a court-martial or 11 punished by non-judicial punishment by military 12 authorities of the United States at a military 13 installation in Illinois of or for a traffic related 14 offense that is the same as or similar to an offense 15 specified under Section 6-205 or 6-206 of this Code; 16 25. Has permitted any form of identification to be 17 used by another in the application process in order to 18 obtain or attempt to obtain a license, identification 19 card, or permit; 20 26. Has altered or attempted to alter a license or 21 has possessed an altered license, identification card, or 22 permit; 23 27. Has violated Section 6-16 of the Liquor Control 24 Act of 1934; 25 28. Has been convicted of the illegal possession, 26 while operating or in actual physical control, as a 27 driver, of a motor vehicle, of any controlled substance 28 prohibited under the Illinois Controlled Substances Act 29 or any cannabis prohibited under the provisions of the 30 Cannabis Control Act, in which case the person's driving 31 privileges shall be suspended for one year, and any 32 driver who is convicted of a second or subsequent 33 offense, within 5 years of a previous conviction, for the 34 illegal possession, while operating or in actual physical HB5941 Engrossed -5- LRB9215093DHgc 1 control, as a driver, of a motor vehicle, of any 2 controlled substance prohibited under the provisions of 3 the Illinois Controlled Substances Act or any cannabis 4 prohibited under the Cannabis Control Act shall be 5 suspended for 5 years. Any defendant found guilty of this 6 offense while operating a motor vehicle, shall have an 7 entry made in the court record by the presiding judge 8 that this offense did occur while the defendant was 9 operating a motor vehicle and order the clerk of the 10 court to report the violation to the Secretary of State; 11 29. Has been convicted of the following offenses 12 that were committed while the person was operating or in 13 actual physical control, as a driver, of a motor vehicle: 14 criminal sexual assault, predatory criminal sexual 15 assault of a child, aggravated criminal sexual assault, 16 criminal sexual abuse, aggravated criminal sexual abuse, 17 juvenile pimping, soliciting for a juvenile prostitute 18 and the manufacture, sale or delivery of controlled 19 substances or instruments used for illegal drug use or 20 abuse in which case the driver's driving privileges shall 21 be suspended for one year; 22 30. Has been convicted a second or subsequent time 23 for any combination of the offenses named in paragraph 29 24 of this subsection, in which case the person's driving 25 privileges shall be suspended for 5 years; 26 31. Has refused to submit to a test as required by 27 Section 11-501.6 or has submitted to a test resulting in 28 an alcohol concentration of 0.08 or more or any amount of 29 a drug, substance, or compound resulting from the 30 unlawful use or consumption of cannabis as listed in the 31 Cannabis Control Act, a controlled substance as listed in 32 the Illinois Controlled Substances Act, or an 33 intoxicating compound as listed in the Use of 34 Intoxicating Compounds Act, in which case the penalty HB5941 Engrossed -6- LRB9215093DHgc 1 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;or15 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;or21 37. Has committed a violation of subsection (c) of 22 Section 11-907 of this Code; or 23 38. Is under 21 years of age and has purchased or 24 attempted to purchase alcoholic liquor, as defined in 25 Section 1-3.05 of the Liquor Control Act of 1934, from 26 any retailer duly licensed under the Liquor Control Act 27 of 1934, or has consumed alcoholic liquor on the licensed 28 premises of any licensed retailer. This Section does not 29 apply to persons participating in duly authorized 30 compliance operations under Section 6-16.1 of the Liquor 31 Control Act of 1934. 32 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 33 and 27 of this subsection, license means any driver's 34 license, any traffic ticket issued when the person's driver's HB5941 Engrossed -7- LRB9215093DHgc 1 license is deposited in lieu of bail, a suspension notice 2 issued by the Secretary of State, a duplicate or corrected 3 driver's license, a probationary driver's license or a 4 temporary driver's license. 5 (b) If any conviction forming the basis of a suspension 6 or revocation authorized under this Section is appealed, the 7 Secretary of State may rescind or withhold the entry of the 8 order of suspension or revocation, as the case may be, 9 provided that a certified copy of a stay order of a court is 10 filed with the Secretary of State. If the conviction is 11 affirmed on appeal, the date of the conviction shall relate 12 back to the time the original judgment of conviction was 13 entered and the 6 month limitation prescribed shall not 14 apply. 15 (c) 1. Upon suspending or revoking the driver's license 16 or permit of any person as authorized in this Section, 17 the Secretary of State shall immediately notify the 18 person in writing of the revocation or suspension. The 19 notice to be deposited in the United States mail, postage 20 prepaid, to the last known address of the person. 21 2. If the Secretary of State suspends the driver's 22 license of a person under subsection 2 of paragraph (a) 23 of this Section, a person's privilege to operate a 24 vehicle as an occupation shall not be suspended, provided 25 an affidavit is properly completed, the appropriate fee 26 received, and a permit issued prior to the effective date 27 of the suspension, unless 5 offenses were committed, at 28 least 2 of which occurred while operating a commercial 29 vehicle in connection with the driver's regular 30 occupation. All other driving privileges shall be 31 suspended by the Secretary of State. Any driver prior to 32 operating a vehicle for occupational purposes only must 33 submit the affidavit on forms to be provided by the 34 Secretary of State setting forth the facts of the HB5941 Engrossed -8- LRB9215093DHgc 1 person's occupation. The affidavit shall also state the 2 number of offenses committed while operating a vehicle in 3 connection with the driver's regular occupation. The 4 affidavit shall be accompanied by the driver's license. 5 Upon receipt of a properly completed affidavit, the 6 Secretary of State shall issue the driver a permit to 7 operate a vehicle in connection with the driver's regular 8 occupation only. Unless the permit is issued by the 9 Secretary of State prior to the date of suspension, the 10 privilege to drive any motor vehicle shall be suspended 11 as set forth in the notice that was mailed under this 12 Section. If an affidavit is received subsequent to the 13 effective date of this suspension, a permit may be issued 14 for the remainder of the suspension period. 15 The provisions of this subparagraph shall not apply 16 to any driver required to obtain a commercial driver's 17 license under Section 6-507 during the period of a 18 disqualification of commercial driving privileges under 19 Section 6-514. 20 Any person who falsely states any fact in the 21 affidavit required herein shall be guilty of perjury 22 under Section 6-302 and upon conviction thereof shall 23 have all driving privileges revoked without further 24 rights. 25 3. At the conclusion of a hearing under Section 26 2-118 of this Code, the Secretary of State shall either 27 rescind or continue an order of revocation or shall 28 substitute an order of suspension; or, good cause 29 appearing therefor, rescind, continue, change, or extend 30 the order of suspension. If the Secretary of State does 31 not rescind the order, the Secretary may upon 32 application, to relieve undue hardship, issue a 33 restricted driving permit granting the privilege of 34 driving a motor vehicle between the petitioner's HB5941 Engrossed -9- LRB9215093DHgc 1 residence and petitioner's place of employment or within 2 the scope of his employment related duties, or to allow 3 transportation for the petitioner, or a household member 4 of the petitioner's family, to receive necessary medical 5 care and if the professional evaluation indicates, 6 provide transportation for alcohol remedial or 7 rehabilitative activity, or for the petitioner to attend 8 classes, as a student, in an accredited educational 9 institution; if the petitioner is able to demonstrate 10 that no alternative means of transportation is reasonably 11 available and the petitioner will not endanger the public 12 safety or welfare. 13 If a person's license or permit has been revoked or 14 suspended due to 2 or more convictions of violating 15 Section 11-501 of this Code or a similar provision of a 16 local ordinance or a similar out-of-state offense, 17 arising out of separate occurrences, that person, if 18 issued a restricted driving permit, may not operate a 19 vehicle unless it has been equipped with an ignition 20 interlock device as defined in Section 1-129.1. 21 If a person's license or permit has been revoked or 22 suspended 2 or more times within a 10 year period due to 23 a single conviction of violating Section 11-501 of this 24 Code or a similar provision of a local ordinance or a 25 similar out-of-state offense, and a statutory summary 26 suspension under Section 11-501.1, or 2 or more statutory 27 summary suspensions, or combination of 2 offenses, or of 28 an offense and a statutory summary suspension, arising 29 out of separate occurrences, that person, if issued a 30 restricted driving permit, may not operate a vehicle 31 unless it has been equipped with an ignition interlock 32 device as defined in Section 1-129.1. The person must pay 33 to the Secretary of State DUI Administration Fund an 34 amount not to exceed $20 per month. The Secretary shall HB5941 Engrossed -10- LRB9215093DHgc 1 establish by rule the amount and the procedures, terms, 2 and conditions relating to these fees. If the restricted 3 driving permit was issued for employment purposes, then 4 this provision does not apply to the operation of an 5 occupational vehicle owned or leased by that person's 6 employer. In each case the Secretary may issue a 7 restricted driving permit for a period deemed 8 appropriate, except that all permits shall expire within 9 one year from the date of issuance. The Secretary may 10 not, however, issue a restricted driving permit to any 11 person whose current revocation is the result of a second 12 or subsequent conviction for a violation of Section 13 11-501 of this Code or a similar provision of a local 14 ordinance relating to the offense of operating or being 15 in physical control of a motor vehicle while under the 16 influence of alcohol, other drug or drugs, intoxicating 17 compound or compounds, or any similar out-of-state 18 offense, or any combination of those offenses, until the 19 expiration of at least one year from the date of the 20 revocation. A restricted driving permit issued under this 21 Section shall be subject to cancellation, revocation, and 22 suspension by the Secretary of State in like manner and 23 for like cause as a driver's license issued under this 24 Code may be cancelled, revoked, or suspended; except that 25 a conviction upon one or more offenses against laws or 26 ordinances regulating the movement of traffic shall be 27 deemed sufficient cause for the revocation, suspension, 28 or cancellation of a restricted driving permit. The 29 Secretary of State may, as a condition to the issuance of 30 a restricted driving permit, require the applicant to 31 participate in a designated driver remedial or 32 rehabilitative program. The Secretary of State is 33 authorized to cancel a restricted driving permit if the 34 permit holder does not successfully complete the program. HB5941 Engrossed -11- LRB9215093DHgc 1 (c-5) The Secretary of State may, as a condition of the 2 reissuance of a driver's license or permit to an applicant 3 whose driver's license or permit has been suspended before he 4 or she reached the age of 18 years pursuant to any of the 5 provisions of this Section, require the applicant to 6 participate in a driver remedial education course and be 7 retested under Section 6-109 of this Code. 8 (d) This Section is subject to the provisions of the 9 Drivers License Compact. 10 (e) The Secretary of State shall not issue a restricted 11 driving permit to a person under the age of 16 years whose 12 driving privileges have been suspended or revoked under any 13 provisions of this Code. 14 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; 15 92-458, eff. 8-22-01; revised 8-27-01.)