State of Illinois
92nd General Assembly

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SB930 Engrossed                                LRB9204627DHmb

 1        AN ACT in relation to public transportation.

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

 4        Section  3.   The  Metropolitan  Transit Authority Act is
 5    amended by adding Section 28d as follows:

 6        (70 ILCS 3605/28d new)
 7        Sec.  28d.  Persons  prohibited  from  operating   public
 8    transit  vehicles.  A  person  who  is not in possession of a
 9    valid driver's license issued by the State  of  Illinois  may
10    not  operate  a  public  transit  vehicle.   As  used in this
11    Section, a "public  transit  vehicle"  includes  any  vehicle
12    owned,  leased,  or  operated  by  the Authority. An employee
13    whose  driver's  license  has  been  suspended,  revoked,  or
14    cancelled or who is otherwise disqualified from driving shall
15    be given 180 calendar days from  the  date  the  employee  is
16    notified  of  the  suspension,  revocation,  cancellation, or
17    disqualification to obtain full reinstatement of his  or  her
18    driving privileges.

19        Section  5.   The  Illinois  Vehicle  Code  is amended by
20    changing Sections 6-205 and 6-206.1 as follows:

21        (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
22        Sec. 6-205.  Mandatory revocation of license  or  permit;
23    Hardship cases.
24        (a)  Except as provided in this Section, the Secretary of
25    State  shall  immediately revoke the license or permit of any
26    driver upon receiving a report of the driver's conviction  of
27    any of the following offenses:
28             1.  Reckless  homicide  resulting from the operation
29        of a motor vehicle;
SB930 Engrossed             -2-                LRB9204627DHmb
 1             2.  Violation of Section 11-501 of this  Code  or  a
 2        similar  provision  of  a local ordinance relating to the
 3        offense of operating or being in physical  control  of  a
 4        vehicle  while under the influence of alcohol, other drug
 5        or drugs, intoxicating  compound  or  compounds,  or  any
 6        combination thereof;
 7             3.  Any  felony  under  the laws of any State or the
 8        federal government in the commission  of  which  a  motor
 9        vehicle was used;
10             4.  Violation   of   Section  11-401  of  this  Code
11        relating to the offense of leaving the scene of a traffic
12        accident involving death or personal injury;
13             5.  Perjury or the making of a  false  affidavit  or
14        statement under oath to the Secretary of State under this
15        Code  or under any other law relating to the ownership or
16        operation of motor vehicles;
17             6.  Conviction  upon  3  charges  of  violation   of
18        Section  11-503  of  this Code relating to the offense of
19        reckless driving committed within a period of 12 months;
20             7.  Conviction of the offense of automobile theft as
21        defined in Section 4-102 of this Code;
22             8.  Violation  of  Section  11-504  of   this   Code
23        relating to the offense of drag racing;
24             9.  Violation of Chapters 8 and 9 of this Code;
25             10.  Violation  of Section 12-5 of the Criminal Code
26        of 1961 arising from the use of a motor vehicle;
27             11.  Violation of  Section  11-204.1  of  this  Code
28        relating  to  aggravated fleeing or attempting to elude a
29        police officer;
30             12.  Violation of paragraph (1) of subsection (b) of
31        Section 6-507, or a  similar  law  of  any  other  state,
32        relating  to the unlawful operation of a commercial motor
33        vehicle;
34             13.  Violation of paragraph (a) of Section 11-502 of
SB930 Engrossed             -3-                LRB9204627DHmb
 1        this Code or a similar provision of a local ordinance  if
 2        the  driver  has been previously convicted of a violation
 3        of that  Section  or  a  similar  provision  of  a  local
 4        ordinance and the driver was less than 21 years of age at
 5        the time of the offense.
 6        (b)  The Secretary of State shall also immediately revoke
 7    the  license  or  permit  of  any  driver  in  the  following
 8    situations:
 9             1.  Of  any minor upon receiving the notice provided
10        for in Section 5-901 of the Juvenile Court  Act  of  1987
11        that  the  minor  has  been adjudicated under that Act as
12        having committed an offense relating  to  motor  vehicles
13        prescribed in Section 4-103 of this Code;
14             2.  Of  any  person when any other law of this State
15        requires either the revocation or suspension of a license
16        or permit.
17        (c)  Whenever  a  person  is  convicted  of  any  of  the
18    offenses enumerated in this Section, the court may  recommend
19    and  the Secretary of State in his discretion, without regard
20    to whether the recommendation is made by the court, may, upon
21    application, issue to the person a restricted driving  permit
22    granting the privilege of driving a motor vehicle between the
23    petitioner's  residence  and petitioner's place of employment
24    or within the scope of the  petitioner's  employment  related
25    duties,  or  to  allow transportation for the petitioner or a
26    household member of the petitioner's family for  the  receipt
27    of  necessary medical care or, if the professional evaluation
28    indicates, provide  transportation  for  the  petitioner  for
29    alcohol  remedial  or  rehabilitative  activity,  or  for the
30    petitioner to attend classes, as a student, in an  accredited
31    educational   institution;  if  the  petitioner  is  able  to
32    demonstrate that no alternative means  of  transportation  is
33    reasonably available and the petitioner will not endanger the
34    public  safety  or  welfare;  provided  that  the Secretary's
SB930 Engrossed             -4-                LRB9204627DHmb
 1    discretion shall be limited to  cases  where  undue  hardship
 2    would  result  from a failure to issue the restricted driving
 3    permit. In each case the  Secretary  of  State  may  issue  a
 4    restricted  driving permit for a period he deems appropriate,
 5    except that the permit shall expire within one year from  the
 6    date  of  issuance.  A restricted driving permit issued under
 7    this Section shall be subject  to  cancellation,  revocation,
 8    and  suspension  by the Secretary of State in like manner and
 9    for like cause as a driver's license issued under  this  Code
10    may  be  cancelled,  revoked,  or  suspended;  except  that a
11    conviction  upon  one  or  more  offenses  against  laws   or
12    ordinances regulating the movement of traffic shall be deemed
13    sufficient   cause   for   the   revocation,  suspension,  or
14    cancellation of a restricted driving permit. The Secretary of
15    State may, as a condition to the  issuance  of  a  restricted
16    driving  permit,  require  the  applicant to participate in a
17    designated driver remedial  or  rehabilitative  program.  The
18    Secretary  of  State  is  authorized  to  cancel a restricted
19    driving permit if the permit  holder  does  not  successfully
20    complete  the  program.  However,  if an individual's driving
21    privileges have been revoked in accordance with paragraph  13
22    of  subsection  (a)  of  this  Section, no restricted driving
23    permit shall be issued until  the  individual  has  served  6
24    months of the revocation period.
25        (d)  Whenever  a  person under the age of 21 is convicted
26    under Section 11-501 of this Code or a similar provision of a
27    local ordinance, the Secretary  of  State  shall  revoke  the
28    driving  privileges  of that person.  One year after the date
29    of revocation, and upon application, the Secretary  of  State
30    may,  if satisfied that the person applying will not endanger
31    the public safety or  welfare,  issue  a  restricted  driving
32    permit granting the privilege of driving a motor vehicle only
33    between  the  hours  of  5  a.m.  and  9 p.m. or as otherwise
34    provided by this Section for a period of  one  year.    After
SB930 Engrossed             -5-                LRB9204627DHmb
 1    this one year period, and upon reapplication for a license as
 2    provided  in  Section  6-106, upon payment of the appropriate
 3    reinstatement fee provided under  paragraph  (b)  of  Section
 4    6-118,  the  Secretary of State, in his discretion, may issue
 5    the applicant a license, or  extend  the  restricted  driving
 6    permit  as  many  times  as  the  Secretary  of  State  deems
 7    appropriate, by additional periods of not more than 12 months
 8    each,  until  the  applicant  attains  21  years  of  age.  A
 9    restricted driving permit issued under this Section shall  be
10    subject  to  cancellation,  revocation, and suspension by the
11    Secretary of State in like manner and for  like  cause  as  a
12    driver's  license  issued  under  this Code may be cancelled,
13    revoked, or suspended; except that a conviction upon  one  or
14    more  offenses  against  laws  or  ordinances  regulating the
15    movement of traffic shall be deemed sufficient cause for  the
16    revocation,  suspension,  or  cancellation  of  a  restricted
17    driving  permit.   Any person under 21 years of age who has a
18    driver's  license  revoked  for  a   second   or   subsequent
19    conviction  for driving under the influence, prior to the age
20    of 21, shall not be eligible to submit an application  for  a
21    full  reinstatement  of  driving  privileges  or a restricted
22    driving permit until age 21 or one additional year  from  the
23    date  of the latest such revocation, whichever is the longer.
24    The revocation periods contained in this  subparagraph  shall
25    apply to similar out-of-state convictions.
26        (e)  This  Section  is  subject  to the provisions of the
27    Driver License Compact.
28        (f)  Any  revocation  imposed  upon  any   person   under
29    subsections  2  and  3  of paragraph (b) that is in effect on
30    December 31, 1988 shall be converted to a  suspension  for  a
31    like period of time.
32        (g)  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 revoked under any provisions of
SB930 Engrossed             -6-                LRB9204627DHmb
 1    this Code.
 2        (h)  The Secretary of State may  use  ignition  interlock
 3    device   requirements   when   granting   driving  relief  to
 4    individuals who have been arrested for a second or subsequent
 5    offense under Section  11-501  of  this  Code  or  a  similar
 6    provision   of   a  local  ordinance.   The  Secretary  shall
 7    establish by rule and regulation the procedures  for  use  of
 8    the interlock system.
 9        (i)  Notwithstanding any other provision of this Section,
10    the  Secretary  of  State  may not issue a restricted driving
11    permit that allows an employee of a public transit agency  to
12    operate  a  public  transit  vehicle  or  any  vehicle owned,
13    leased, or operated by a public  transit  agency  while  that
14    employee  is  in possession of the restricted driving permit.
15    This subsection (i) does  not  apply  to  an  employee  of  a
16    commuter  railroad  organized  under  Article  III-B  of  the
17    Regional Transportation Authority Act.
18    (Source: P.A.  90-369,  eff.  1-1-98;  90-590,  eff.  1-1-99;
19    90-611,  eff.  1-1-99;  90-779,  eff.  1-1-99;  91-357,  eff.
20    7-29-99.)

21        (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
22        Sec.  6-206.1.   Judicial  Driving Permit. Declaration of
23    Policy. It is hereby  declared  a  policy  of  the  State  of
24    Illinois  that  the  driver who is impaired by alcohol, other
25    drug or drugs, or intoxicating compound  or  compounds  is  a
26    threat  to  the  public  safety  and  welfare.  Therefore, to
27    provide a deterrent to such practice and  to  remove  problem
28    drivers  from  the  highway,  a  statutory  summary  driver's
29    license suspension is appropriate. It is also recognized that
30    driving  is a privilege and therefore, that in some cases the
31    granting of limited driving privileges, where consistent with
32    public safety, is warranted during the period  of  suspension
33    in  the  form  of  a judicial driving permit to drive for the
SB930 Engrossed             -7-                LRB9204627DHmb
 1    purpose of employment, receiving drug  treatment  or  medical
 2    care, and educational pursuits, where no alternative means of
 3    transportation is available.
 4        The  following  procedures  shall  apply whenever a first
 5    offender is arrested for any offense as  defined  in  Section
 6    11-501 or a similar provision of a local ordinance:
 7        (a)  Subsequent  to a notification of a statutory summary
 8    suspension of  driving  privileges  as  provided  in  Section
 9    11-501.1, the first offender as defined in Section 11-500 may
10    petition  the  circuit  court of venue for a Judicial Driving
11    Permit, hereinafter referred  as  a  JDP,  to  relieve  undue
12    hardship.    The  court  may issue a court order, pursuant to
13    the  criteria  contained  in  this  Section,  directing   the
14    Secretary  of  State to issue such a JDP to the petitioner. A
15    JDP shall not become effective prior to the 31st day  of  the
16    original  statutory  summary  suspension  and shall always be
17    subject to the following criteria:
18             1.  If ordered for the purposes of  employment,  the
19        JDP  shall  be  only  for  the  purpose  of providing the
20        petitioner the  privilege  of  driving  a  motor  vehicle
21        between  the  petitioner's residence and the petitioner's
22        place of employment and return; or within  the  scope  of
23        the  petitioner's  employment  related  duties,  shall be
24        effective only during and limited to those specific times
25        and routes actually required to commute  or  perform  the
26        petitioner's employment related duties.
27             2.  The court, by a court order, may also direct the
28        Secretary of State to issue a JDP to allow transportation
29        for   the  petitioner,  or  a  household  member  of  the
30        petitioner's  family,  to  receive  alcohol,   drug,   or
31        intoxicating  compound  treatment or medical care, if the
32        petitioner is able to  demonstrate  that  no  alternative
33        means of transportation is reasonably available. Such JDP
34        shall   be  effective  only  during  the  specific  times
SB930 Engrossed             -8-                LRB9204627DHmb
 1        actually required to commute.
 2             3.  The court, by a court order, may also direct the
 3        Secretary of State to issue a JDP to allow transportation
 4        by  the  petitioner   for   educational   purposes   upon
 5        demonstrating  that  there  are  no  alternative means of
 6        transportation reasonably available to  accomplish  those
 7        educational  purposes.  Such  JDP  shall  be only for the
 8        purpose of  providing  transportation  to  and  from  the
 9        petitioner's  residence  and  the  petitioner's  place of
10        educational activity, and only during the specific  times
11        and  routes  actually  required to commute or perform the
12        petitioner's educational requirement.
13             4.  The Court shall not issue an  order  granting  a
14        JDP to:
15                  (i)  Any  person  unless  and  until the court,
16             after  considering  the   results   of   a   current
17             professional  evaluation  of the person's alcohol or
18             other drug use by  an  agency  pursuant  to  Section
19             15-10  of  the  Alcoholism  and Other Drug Abuse and
20             Dependency Act and other  appropriate  investigation
21             of  the  person,  is  satisfied  that  granting  the
22             privilege of driving a motor vehicle on the highways
23             will not endanger the public safety or welfare.
24                  (ii)  Any  person  who  has  been  convicted of
25             reckless homicide within the previous 5 years.
26                  (iii)  Any person whose privilege to operate  a
27             motor  vehicle was invalid at the time of arrest for
28             the  current  violation  of  Section  11-501,  or  a
29             similar provision of a local  ordinance,  except  in
30             cases   where  the  cause  for  a  driver's  license
31             suspension has been removed at the  time  a  JDP  is
32             effective.   In  any  case,  should the Secretary of
33             State enter a suspension or  revocation  of  driving
34             privileges  pursuant  to the provisions of this Code
SB930 Engrossed             -9-                LRB9204627DHmb
 1             while the JDP is in effect or pending, the Secretary
 2             shall take  the  prescribed  action  and  provide  a
 3             notice  to  the  person  and  the court ordering the
 4             issuance of the JDP  that  all  driving  privileges,
 5             including those provided by the issuance of the JDP,
 6             have been withdrawn.
 7                  (iv)  Any person under the age of 18 years.
 8        (b)  Prior  to  ordering  the issuance of a JDP the Court
 9    should  consider  at  least,  but  not  be  limited  to,  the
10    following issues:
11             1.  Whether the person  is  employed  and  no  other
12        means   of  commuting  to  the  place  of  employment  is
13        available or that the person must drive as a condition of
14        employment. The  employer  shall  certify  the  hours  of
15        employment  and  the  need  and  parameters necessary for
16        driving as a condition to employment.
17             2.  Whether the person must drive to secure  alcohol
18        or  other  medical  treatment  for  himself  or  a family
19        member.
20             3.  Whether the person must  drive  for  educational
21        purposes.   The educational institution shall certify the
22        person's enrollment  in  and  academic  schedule  at  the
23        institution.
24             4.  Whether the person has been repeatedly convicted
25        of  traffic  violations  or  involved  in  motor  vehicle
26        accidents  to  a  degree  which  indicates disrespect for
27        public safety.
28             5.  Whether the  person  has  been  convicted  of  a
29        traffic  violation  in connection with a traffic accident
30        resulting in the death of any person within  the  last  5
31        years.
32             6.  Whether the person is likely to obey the limited
33        provisions of the JDP.
34             7.  Whether  the  person  has any additional traffic
SB930 Engrossed             -10-               LRB9204627DHmb
 1        violations pending in any court.
 2        For  purposes  of  this  Section,   programs   conducting
 3    professional  evaluations  of a person's alcohol, other drug,
 4    or intoxicating compound use must report,  to  the  court  of
 5    venue,  using  a form prescribed by the Secretary of State. A
 6    copy of such evaluations shall be sent to  the  Secretary  of
 7    State by the court. However, the evaluation information shall
 8    be  privileged  and  only  available  to  courts  and  to the
 9    Secretary of State,  but  shall  not  be  admissible  in  the
10    subsequent trial on the underlying charge.
11        (c)  The  scope of any court order issued for a JDP under
12    this Section shall be limited to the  operation  of  a  motor
13    vehicle as provided for in subsection (a) of this Section and
14    shall specify the petitioner's residence, place of employment
15    or  location of educational institution, and the scope of job
16    related duties, if relevant.  The JDP shall also specify days
17    of the week and specific hours of the day when the petitioner
18    is able to exercise the  limited  privilege  of  operating  a
19    motor vehicle. If the Petitioner, who has been granted a JDP,
20    is issued a citation for a traffic related offense, including
21    operating  a motor vehicle outside the limitations prescribed
22    in the JDP or a violation of Section 6-303, or  is  convicted
23    of  any such an offense during the term of the JDP, the court
24    shall consider cancellation of the  limited  driving  permit.
25    In any case, if the Petitioner commits an offense, as defined
26    in  Section  11-501,  or  a  similar  provision  of  a  local
27    ordinance,  as evidenced by the issuance of a Uniform Traffic
28    Ticket, the JDP shall be forwarded by the court of  venue  to
29    the court ordering the issuance of the JDP, for cancellation.
30    The  court  shall  notify  the Secretary of State of any such
31    cancellation.
32        (c-1)  No court may order the  issuance  of  a  JDP  that
33    allows  an  employee  of a public transit agency to operate a
34    public transit vehicle  or  any  vehicle  owned,  leased,  or
SB930 Engrossed             -11-               LRB9204627DHmb
 1    operated by a public transit agency while that employee is in
 2    possession  of the JDP.  This subsection (c-1) does not apply
 3    to an employee of a commuter railroad organized under Article
 4    III-B of the Regional Transportation Authority Act.
 5        (d)  The Secretary of State shall, upon receiving a court
 6    order from the court of venue, issue a JDP  to  a  successful
 7    Petitioner  under  this Section.  Such court order form shall
 8    also contain a notification,  which  shall  be  sent  to  the
 9    Secretary  of  State,  providing  the  name, driver's license
10    number and legal address of the  successful  petitioner,  and
11    the  full  and detailed description of the limitations of the
12    JDP. This information shall be available only to the  courts,
13    police  officers,  and  the Secretary of State, except during
14    the actual period the JDP is  valid,  during  which  time  it
15    shall be a public record. The Secretary of State shall design
16    and  furnish to the courts an official court order form to be
17    used by the courts when directing the Secretary of  State  to
18    issue a JDP.
19        Any submitted court order that contains insufficient data
20    or  fails  to comply with this Code shall not be utilized for
21    JDP issuance or entered to the driver  record  but  shall  be
22    returned  to  the issuing court indicating why the JDP cannot
23    be so entered.  A notice of this action shall also be sent to
24    the JDP petitioner by the Secretary of State.
25        (e)  The circuit court of venue may conduct the  judicial
26    hearing,  as provided in Section 2-118.1, and the JDP hearing
27    provided  in  this  Section,  concurrently.  Such  concurrent
28    hearing shall proceed in the court in the same manner  as  in
29    other civil proceedings.
30        (f)  The  circuit  court  of venue may, as a condition of
31    the issuance of a JDP, prohibit the person from  operating  a
32    motor vehicle not equipped with an ignition interlock device.
33    (Source:  P.A.  90-369,  eff.  1-1-98;  90-779,  eff. 1-1-99;
34    91-127, eff. 1-1-00.)
SB930 Engrossed             -12-               LRB9204627DHmb
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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