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| [ Senate Amendment 002 ] |
92_SB0930sam001
SRS92SB0930AKcpam01
1 AMENDMENT TO SENATE BILL 930
2 AMENDMENT NO. . Amend Senate Bill 930 as follows:
3 on page 1, line 5, by replacing "Section 6-206.1" with
4 "Sections 6-205 and 6-206.1"; and
5 on page 1, above line 6, by inserting the following:
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 thereof;
21 3. Any felony under the laws of any State or the
22 federal government in the commission of which a motor
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1 vehicle was used;
2 4. Violation of Section 11-401 of this Code
3 relating to the offense of leaving the scene of a traffic
4 accident involving death or personal injury;
5 5. Perjury or the making of a false affidavit or
6 statement under oath to the Secretary of State under this
7 Code or under any other law relating to the ownership or
8 operation of motor vehicles;
9 6. Conviction upon 3 charges of violation of
10 Section 11-503 of this Code relating to the offense of
11 reckless driving committed within a period of 12 months;
12 7. Conviction of the offense of automobile theft as
13 defined in Section 4-102 of this Code;
14 8. Violation of Section 11-504 of this Code
15 relating to the offense of drag racing;
16 9. Violation of Chapters 8 and 9 of this Code;
17 10. Violation of Section 12-5 of the Criminal Code
18 of 1961 arising from the use of a motor vehicle;
19 11. Violation of Section 11-204.1 of this Code
20 relating to aggravated fleeing or attempting to elude a
21 police officer;
22 12. Violation of paragraph (1) of subsection (b) of
23 Section 6-507, or a similar law of any other state,
24 relating to the unlawful operation of a commercial motor
25 vehicle;
26 13. Violation of paragraph (a) of Section 11-502 of
27 this Code or a similar provision of a local ordinance if
28 the driver has been previously convicted of a violation
29 of that Section or a similar provision of a local
30 ordinance and the driver was less than 21 years of age at
31 the time of the offense.
32 (b) The Secretary of State shall also immediately revoke
33 the license or permit of any driver in the following
34 situations:
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1 1. Of any minor upon receiving the notice provided
2 for in Section 5-901 of the Juvenile Court Act of 1987
3 that the minor has been adjudicated under that Act as
4 having committed an offense relating to motor vehicles
5 prescribed in Section 4-103 of this Code;
6 2. Of any person when any other law of this State
7 requires either the revocation or suspension of a license
8 or permit.
9 (c) Whenever a person is convicted of any of the
10 offenses enumerated in this Section, the court may recommend
11 and the Secretary of State in his discretion, without regard
12 to whether the recommendation is made by the court, may, upon
13 application, issue to the person a restricted driving permit
14 granting the privilege of driving a motor vehicle between the
15 petitioner's residence and petitioner's place of employment
16 or within the scope of the petitioner's employment related
17 duties, or to allow transportation for the petitioner or a
18 household member of the petitioner's family for the receipt
19 of necessary medical care or, if the professional evaluation
20 indicates, provide transportation for the petitioner for
21 alcohol remedial or rehabilitative activity, or for the
22 petitioner to attend classes, as a student, in an accredited
23 educational institution; if the petitioner is able to
24 demonstrate that no alternative means of transportation is
25 reasonably available and the petitioner will not endanger the
26 public safety or welfare; provided that the Secretary's
27 discretion shall be limited to cases where undue hardship
28 would result from a failure to issue the restricted driving
29 permit. In each case the Secretary of State may issue a
30 restricted driving permit for a period he deems appropriate,
31 except that the permit shall expire within one year from the
32 date of issuance. A restricted driving permit issued under
33 this Section shall be subject to cancellation, revocation,
34 and suspension by the Secretary of State in like manner and
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1 for like cause as a driver's license issued under this Code
2 may be cancelled, revoked, or suspended; except that a
3 conviction upon one or more offenses against laws or
4 ordinances regulating the movement of traffic shall be deemed
5 sufficient cause for the revocation, suspension, or
6 cancellation of a restricted driving permit. The Secretary of
7 State may, as a condition to the issuance of a restricted
8 driving permit, require the applicant to participate in a
9 designated driver remedial or rehabilitative program. The
10 Secretary of State is authorized to cancel a restricted
11 driving permit if the permit holder does not successfully
12 complete the program. However, if an individual's driving
13 privileges have been revoked in accordance with paragraph 13
14 of subsection (a) of this Section, no restricted driving
15 permit shall be issued until the individual has served 6
16 months of the revocation period.
17 (d) Whenever a person under the age of 21 is convicted
18 under Section 11-501 of this Code or a similar provision of a
19 local ordinance, the Secretary of State shall revoke the
20 driving privileges of that person. One year after the date
21 of revocation, and upon application, the Secretary of State
22 may, if satisfied that the person applying will not endanger
23 the public safety or welfare, issue a restricted driving
24 permit granting the privilege of driving a motor vehicle only
25 between the hours of 5 a.m. and 9 p.m. or as otherwise
26 provided by this Section for a period of one year. After
27 this one year period, and upon reapplication for a license as
28 provided in Section 6-106, upon payment of the appropriate
29 reinstatement fee provided under paragraph (b) of Section
30 6-118, the Secretary of State, in his discretion, may issue
31 the applicant a license, or extend the restricted driving
32 permit as many times as the Secretary of State deems
33 appropriate, by additional periods of not more than 12 months
34 each, until the applicant attains 21 years of age. A
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1 restricted driving permit issued under this Section shall be
2 subject to cancellation, revocation, and suspension by the
3 Secretary of State in like manner and for like cause as a
4 driver's license issued under this Code may be cancelled,
5 revoked, or suspended; except that a conviction upon one or
6 more offenses against laws or ordinances regulating the
7 movement of traffic shall be deemed sufficient cause for the
8 revocation, suspension, or cancellation of a restricted
9 driving permit. Any person under 21 years of age who has a
10 driver's license revoked for a second or subsequent
11 conviction for driving under the influence, prior to the age
12 of 21, shall not be eligible to submit an application for a
13 full reinstatement of driving privileges or a restricted
14 driving permit until age 21 or one additional year from the
15 date of the latest such revocation, whichever is the longer.
16 The revocation periods contained in this subparagraph shall
17 apply to similar out-of-state convictions.
18 (e) This Section is subject to the provisions of the
19 Driver License Compact.
20 (f) Any revocation imposed upon any person under
21 subsections 2 and 3 of paragraph (b) that is in effect on
22 December 31, 1988 shall be converted to a suspension for a
23 like period of time.
24 (g) The Secretary of State shall not issue a restricted
25 driving permit to a person under the age of 16 years whose
26 driving privileges have been revoked under any provisions of
27 this Code.
28 (h) The Secretary of State may use ignition interlock
29 device requirements when granting driving relief to
30 individuals who have been arrested for a second or subsequent
31 offense under Section 11-501 of this Code or a similar
32 provision of a local ordinance. The Secretary shall
33 establish by rule and regulation the procedures for use of
34 the interlock system.
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1 (i) Notwithstanding any other provision of this Section,
2 the Secretary of State may not issue a restricted driving
3 permit that allows an employee of a public transit agency to
4 operate a public transit vehicle or any vehicle owned,
5 leased, or operated by a public transit agency while that
6 employee is in possession of the restricted driving permit.
7 This subsection (i) does not apply to an employee of a
8 commuter railroad organized under Article III-B of the
9 Regional Transportation Authority Act.
10 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
11 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; 91-357, eff.
12 7-29-99.)"; and
13 on page 5, line 21, after "vehicle" by inserting "or any
14 vehicle owned, leased, or operated by a public transit
15 agency".