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Public Act 093-0788
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| HB4403 Enrolled |
LRB093 15068 DRH 44356 b |
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AN ACT concerning vehicles.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 6-103, 6-107, 6-118, 6-206, 6-208, and 6-306.6 and by |
adding Section 1-157.5 as follows:
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(625 ILCS 5/1-157.5 new) |
Sec. 1-157.5. Peace officer. Any person who by virtue of |
his or her public employment is vested by law with a duty to |
maintain public order or to make arrests for offenses, whether |
that duty extends to all offenses or is limited to specific |
offenses.
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(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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Sec. 6-103. What persons shall not be licensed as drivers |
or granted
permits. The Secretary of State shall not issue, |
renew, or
allow the retention of any driver's
license nor issue |
any permit under this Code:
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1. To any person, as a driver, who is under the age of |
18 years except
as provided in Section 6-107, and except |
that an instruction permit may be
issued under Section |
6-107.1
paragraphs (a) and (b) of Section 6-105 to a child |
who
is not less than 15 years of age if the child is |
enrolled in an approved
driver education course as defined |
in Section 1-103 of this Code and
requires an instruction |
permit to participate therein, except that an
instruction |
permit may be issued under the provisions of Section |
6-107.1
to a child who is 17 years and 9 months of age |
without the child having
enrolled in an
approved driver |
education course and except that an
instruction permit may |
be issued to a child who is at least 15 years and 6
months |
of age, is enrolled in school, meets the educational |
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requirements of
the Driver Education Act, and has passed |
examinations the Secretary of State in
his or her |
discretion may prescribe;
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2. To any person who is under the age of 18 as an |
operator of a motorcycle
other than a motor driven cycle |
unless the person has, in addition to
meeting the |
provisions of Section 6-107 of this Code, successfully
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completed a motorcycle
training course approved by the |
Illinois Department of Transportation and
successfully |
completes the required Secretary of State's motorcycle |
driver's
examination;
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3. To any person, as a driver, whose driver's license |
or permit has been
suspended, during the suspension, nor to |
any person whose driver's license or
permit has been |
revoked, except as provided in Sections 6-205, 6-206, and
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6-208;
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4. To any person, as a driver, who is a user of alcohol |
or any other
drug to a degree that renders the person |
incapable of safely driving a motor
vehicle;
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5. To any person, as a driver, who has previously been |
adjudged to be
afflicted with or suffering from any mental |
or physical disability or disease
and who has not at the |
time of application been restored to competency by the
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methods provided by law;
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6. To any person, as a driver, who is required by the |
Secretary of State
to submit an alcohol and drug evaluation |
or take an examination provided
for in this Code unless the |
person has
successfully passed the examination and |
submitted any required evaluation;
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7. To any person who is required under the provisions |
of the laws of
this State to deposit security or proof of |
financial responsibility and who
has not deposited the |
security or proof;
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8. To any person when the Secretary of State has good |
cause to believe
that the person by reason of physical or |
mental disability would not be
able to safely operate a |
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motor vehicle upon the highways, unless the
person shall |
furnish to the Secretary of State a verified written
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statement, acceptable to the Secretary of State, from a |
competent medical
specialist to the effect that the |
operation of a motor vehicle by the
person would not be |
inimical to the public safety;
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9. To any person, as a driver, who is 69 years of age |
or older, unless
the person has successfully complied with |
the provisions of Section 6-109;
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10. To any person convicted, within 12 months of |
application for a
license, of any of the sexual offenses |
enumerated in paragraph 2 of subsection
(b) of Section |
6-205;
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11. To any person who is under the age of 21 years with |
a classification
prohibited in paragraph (b) of Section |
6-104 and to any person who is under
the age of 18 years |
with a classification prohibited in paragraph (c) of
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Section 6-104;
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12. To any person who has been either convicted of or |
adjudicated under
the Juvenile Court Act of 1987 based upon |
a violation of the Cannabis Control
Act or the Illinois |
Controlled Substances Act while that person was in actual
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physical control of a motor vehicle. For purposes of this |
Section, any person
placed on probation under Section 10 of |
the Cannabis Control Act or Section 410
of the Illinois |
Controlled Substances Act shall not be considered |
convicted.
Any person found guilty of this offense, while |
in actual physical control of a
motor vehicle, shall have |
an entry made in the court record by the judge that
this |
offense did occur while the person was in actual physical |
control of a
motor vehicle and order the clerk of the court |
to report the violation to the
Secretary of State as such. |
The Secretary of State shall not issue a new
license or |
permit for a period of one year;
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13. To any person who is under the age of 18 years and |
who has committed
the offense
of operating a motor vehicle |
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without a valid license or permit in violation of
Section |
6-101;
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14. To any person who is
90 days or more
delinquent in |
court ordered child support
payments or has been |
adjudicated in arrears
in an amount equal to 90 days' |
obligation or more
and who has been found in contempt
of
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court for failure to pay the support, subject to the |
requirements and
procedures of Article VII of Chapter 7 of
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the Illinois Vehicle Code; or
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15. To any person released from a term of imprisonment |
for violating
Section 9-3 of the Criminal Code of 1961 |
relating to reckless homicide or for violating |
subparagraph (F) of paragraph (1) of subsection (d) of |
Section 11-501 of this Code relating to aggravated driving |
under the influence of alcohol, other drug or drugs, |
intoxicating compound or compounds, or any combination |
thereof, if the violation was the proximate cause of a |
death, within
24 months of release from a term of |
imprisonment.
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The Secretary of State shall retain all conviction
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information, if the information is required to be held |
confidential under
the Juvenile Court Act of 1987.
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(Source: P.A. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04.)
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(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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Sec. 6-107. Graduated license.
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(a) The purpose of the Graduated
Licensing Program is to |
develop safe and mature driving habits in young,
inexperienced |
drivers and reduce or prevent motor vehicle accidents,
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fatalities,
and injuries by:
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(1) providing for an increase in the time of practice |
period before
granting
permission to obtain a driver's |
license;
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(2) strengthening driver licensing and testing |
standards for persons under
the age of 21 years;
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(3) sanctioning driving privileges of drivers under |
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age 21 who have
committed serious traffic violations or |
other specified offenses; and
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(4) setting stricter standards to promote the public's |
health and
safety.
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(b) The application of any person under
the age of 18 |
years, and not legally emancipated by marriage, for a drivers
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license or permit to operate a motor vehicle issued under the |
laws of this
State, shall be accompanied by the written consent |
of either parent of the
applicant; otherwise by the guardian |
having custody of the applicant, or
in the event there is no |
parent or guardian, then by another responsible adult.
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No graduated driver's license shall be issued to any |
applicant under 18
years
of age, unless the applicant is at |
least 16 years of age and has:
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(1) Held a valid instruction permit for a minimum of 3 |
months.
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(2) Passed an approved driver education course
and |
submits proof of having passed the course as may
be |
required.
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(3) certification by the parent, legal guardian, or |
responsible adult that
the applicant has had a minimum of |
25 hours of behind-the-wheel practice time
and is |
sufficiently prepared and able to safely operate a motor |
vehicle.
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(c) No graduated driver's license or permit shall be issued |
to
any applicant under 18
years of age who has committed the |
offense of operating a motor vehicle
without a valid license or |
permit in violation of Section 6-101 of this Code
and no |
graduated driver's
license or permit shall be issued to any |
applicant under 18 years of age
who has committed an offense |
that would otherwise result in a
mandatory revocation of a |
license or permit as provided in Section 6-205 of
this Code or |
who has been either convicted of or adjudicated a delinquent |
based
upon a violation of the Cannabis Control Act or the |
Illinois Controlled
Substances Act, while that individual was |
in actual physical control of a motor
vehicle. For purposes of |
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this Section, any person placed on probation under
Section 10 |
of the Cannabis Control Act or Section 410 of the Illinois
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Controlled Substances Act shall not be considered convicted. |
Any person found
guilty of this offense, while in actual |
physical control of a motor vehicle,
shall have an entry made |
in the court record by the judge that this offense did
occur |
while the person was in actual physical control of a motor |
vehicle and
order the clerk of the court to report the |
violation to the Secretary of State
as such.
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(d) No graduated driver's license shall be issued for 6 |
months to any
applicant
under
the
age of 18 years who has been |
convicted of any offense defined as a serious
traffic violation |
in this Code or
a similar provision of a local ordinance.
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(e) No graduated driver's license holder under the age
of |
18 years shall operate any
motor vehicle, except a motor driven |
cycle or motorcycle, with
more than one passenger in the front |
seat of the motor vehicle
and no more passengers in the back |
seats than the number of available seat
safety belts as set |
forth in Section 12-603 of this Code.
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(f) No graduated driver's license holder under the age of |
18 shall operate a
motor vehicle unless each driver and front |
or back seat passenger under the
age of 18 is wearing a |
properly adjusted and fastened seat safety belt.
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(g) If a graduated driver's license holder is under the age |
of 18 when he
or she receives the license, for the first 6 |
months he or she holds the license
or
until he or she reaches |
the age of 18, whichever occurs sooner, the graduated
license
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holder may not operate a motor vehicle with more than one |
passenger in the
vehicle
who is under the age of 20, unless any |
additional passenger or passengers are
siblings, |
step-siblings, children, or stepchildren of the driver.
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(Source: P.A. 93-101, eff. 1-1-04.)
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(625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
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Sec. 6-118. Fees.
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(a) The fee for licenses and permits under this
Article is |
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as follows:
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Original driver's license.................................$10
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Original or renewal driver's license
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issued to 18, 19 and 20 year olds.......................5
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All driver's licenses for persons
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age 69 through age 80...................................5
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All driver's licenses for persons
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age 81 through age 86...................................2
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All driver's licenses for persons
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age 87 or older.........................................0
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Renewal driver's license (except for
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applicants ages 18, 19 and 20 or
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age 69 and older)......................................10
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Original instruction permit issued to
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persons (except those age 69 and older)
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who do not hold or have not previously
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held an Illinois instruction permit or
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driver's license.......................................20
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Instruction permit issued to any person
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holding an Illinois driver's license
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who wishes a change in classifications,
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other than at the time of renewal.......................5
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Any instruction permit issued to a person
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age 69 and older........................................5
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Instruction permit issued to any person,
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under age 69, not currently holding a
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valid Illinois driver's license or
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instruction permit but who has
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previously been issued either document
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in Illinois............................................10
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Restricted driving permit...................................8
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Duplicate or corrected driver's license
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or permit...............................................5
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Duplicate or corrected restricted
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driving permit..........................................5
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Original or renewal M or L endorsement......................5
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SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
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The fees for commercial driver licenses and permits |
under Article V
shall be as follows:
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Commercial driver's license:
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$6 for the CDLIS/AAMVAnet Fund
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(Commercial Driver's License Information
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System/American Association of Motor Vehicle
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Administrators network Trust Fund);
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$20 for the Motor Carrier Safety Inspection Fund;
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$10 for the driver's license;
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and $24 for the CDL:..................................$60
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Renewal commercial driver's license:
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$6 for the CDLIS/AAMVAnet Trust Fund;
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$20 for the Motor Carrier Safety Inspection Fund;
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$10 for the driver's license; and
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$24 for the CDL:......................................$60
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Commercial driver instruction permit
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issued to any person holding a valid
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Illinois driver's license for the
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purpose of changing to a
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CDL classification: $6 for the
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CDLIS/AAMVAnet Trust Fund;
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$20 for the Motor Carrier
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Safety Inspection Fund; and
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$24 for the CDL classification........................$50
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Commercial driver instruction permit
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issued to any person holding a valid
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Illinois CDL for the purpose of
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making a change in a classification,
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endorsement or restriction.............................$5
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CDL duplicate or corrected license.........................$5
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In order to ensure the proper implementation of the Uniform |
Commercial
Driver License Act, Article V of this Chapter, the |
Secretary of State is
empowered to pro-rate the $24 fee for the |
commercial driver's license
proportionate to the expiration |
date of the applicant's Illinois driver's
license.
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The fee for any duplicate license or permit shall be waived |
for any
person age 60 or older who presents the Secretary of |
State's office with a
police report showing that his license or |
permit was stolen.
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No additional fee shall be charged for a driver's license, |
or for a
commercial driver's license, when issued
to the holder |
of an instruction permit for the same classification or
type of |
license who becomes eligible for such
license.
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(b) Any person whose license or privilege to operate a |
motor vehicle
in this State has been suspended or revoked under |
any
provision of
Chapter 6, Chapter 11, or Section 7-205, |
7-303, or 7-702 of the Family
Financial
Responsibility Law of |
this Code, shall in addition to any other
fees required by this |
Code, pay a reinstatement fee as follows:
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Summary suspension under Section 11-501.1...........$250
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Other suspension..........................................$70
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Revocation...............................................$500
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However, any person whose license or privilege to operate a |
motor vehicle
in this State has been suspended or revoked for a |
second or subsequent time
for a violation of Section 11-501 or |
11-501.1
of this Code or a similar provision of a local |
ordinance
or a similar out-of-state offense
or Section 9-3 of |
the Criminal Code of 1961
and each suspension or revocation was |
for a violation of Section 11-501 or
11-501.1 of this Code or a |
similar provision of a local ordinance
or a similar |
out-of-state offense
or Section
9-3 of the Criminal Code of |
1961
shall pay, in addition to any other
fees required by this |
Code, a
reinstatement
fee as follows:
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Summary suspension under Section 11-501.1................$500
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Revocation...............................................$500
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(c) All fees collected under the provisions of this Chapter |
6 shall be
paid into the Road Fund in the State Treasury except |
as follows:
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1. The following amounts shall be paid into the Driver |
Education Fund:
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(A) $16 of the $20
fee for an original driver's |
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instruction permit;
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(B) $5 of the $10
$20 fee for an original driver's |
license;
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(C) $5 of the $10
$20 fee for a 4 year renewal |
driver's license;
and
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(D) $4 of the $8 fee for a restricted driving |
permit.
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2. $30 of the $250 fee for reinstatement of a
license
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summarily suspended under Section 11-501.1 shall be |
deposited into the
Drunk and Drugged Driving Prevention |
Fund.
However, for a person whose license or privilege to |
operate a motor vehicle
in this State has been suspended or |
revoked for a second or subsequent time for
a violation of |
Section 11-501 or 11-501.1 of this Code or Section 9-3 of |
the
Criminal Code of 1961,
$190 of the $500 fee for |
reinstatement of a license summarily
suspended under
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Section 11-501.1,
and $190 of the $500 fee for |
reinstatement of a revoked license
shall be deposited into |
the Drunk and Drugged Driving Prevention Fund.
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3. $6 of such original or renewal fee for a commercial |
driver's
license and $6 of the commercial driver |
instruction permit fee when such
permit is issued to any |
person holding a valid Illinois driver's license,
shall be |
paid into the CDLIS/AAMVAnet Trust Fund.
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4. $30 of the $70 fee for reinstatement of a license |
suspended
under the
Family
Financial Responsibility Law |
shall be paid into the Family Responsibility
Fund.
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5. The $5 fee for each original or renewal M or L |
endorsement shall be
deposited into the Cycle Rider Safety |
Training Fund.
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6. $20 of any original or renewal fee for a commercial |
driver's
license or commercial driver instruction permit |
shall be paid into the Motor
Carrier Safety Inspection |
Fund.
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7. The following amounts shall be paid into the General |
Revenue Fund:
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(A) $190 of the $250 reinstatement fee for a |
summary suspension under
Section 11-501.1;
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(B) $40 of the $70 reinstatement fee for any other |
suspension provided
in subsection (b) of this Section; |
and
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(C) $440 of the $500 reinstatement fee for a first |
offense revocation
and $310 of the $500 reinstatement |
fee for a second or subsequent revocation.
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(Source: P.A. 92-458, eff.
8-22-01; 93-32, eff. 1-1-04.)
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(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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Sec. 6-206. Discretionary authority to suspend or revoke |
license or
permit; Right to a hearing.
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(a) The Secretary of State is authorized to suspend or |
revoke the
driving privileges of any person without preliminary |
hearing upon a showing
of the person's records or other |
sufficient evidence that
the person:
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1. Has committed an offense for which mandatory |
revocation of
a driver's license or permit is required upon |
conviction;
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2. Has been convicted of not less than 3 offenses |
against traffic
regulations governing the movement of |
vehicles committed within any 12
month period. No |
revocation or suspension shall be entered more than
6 |
months after the date of last conviction;
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3. Has been repeatedly involved as a driver in motor |
vehicle
collisions or has been repeatedly convicted of |
offenses against laws and
ordinances regulating the |
movement of traffic, to a degree that
indicates lack of |
ability to exercise ordinary and reasonable care in
the |
safe operation of a motor vehicle or disrespect for the |
traffic laws
and the safety of other persons upon the |
highway;
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4. Has by the unlawful operation of a motor vehicle |
caused or
contributed to an accident resulting in death or |
injury requiring
immediate professional treatment in a |
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medical facility or doctor's office
to any person, except |
that any suspension or revocation imposed by the
Secretary |
of State under the provisions of this subsection shall |
start no
later than 6 months after being convicted of |
violating a law or
ordinance regulating the movement of |
traffic, which violation is related
to the accident, or |
shall start not more than one year
after
the date of the |
accident, whichever date occurs later;
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5. Has permitted an unlawful or fraudulent use of a |
driver's
license, identification card, or permit;
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6. Has been lawfully convicted of an offense or |
offenses in another
state, including the authorization |
contained in Section 6-203.1, which
if committed within |
this State would be grounds for suspension or revocation;
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7. Has refused or failed to submit to an examination |
provided for by
Section 6-207 or has failed to pass the |
examination;
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8. Is ineligible for a driver's license or permit under |
the provisions
of Section 6-103;
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9. Has made a false statement or knowingly concealed a |
material fact
or has used false information or |
identification in any application for a
license, |
identification card, or permit;
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10. Has possessed, displayed, or attempted to |
fraudulently use any
license, identification card, or |
permit not issued to the person;
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11. Has operated a motor vehicle upon a highway of this |
State when
the person's driving privilege or privilege to |
obtain a driver's license
or permit was revoked or |
suspended unless the operation was authorized by
a judicial |
driving permit, probationary license to drive, or a |
restricted
driving permit issued under this Code;
|
12. Has submitted to any portion of the application |
process for
another person or has obtained the services of |
another person to submit to
any portion of the application |
process for the purpose of obtaining a
license, |
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identification card, or permit for some other person;
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13. Has operated a motor vehicle upon a highway of this |
State when
the person's driver's license or permit was |
invalid under the provisions of
Sections 6-107.1 and
6-110;
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14. Has committed a violation of Section 6-301, |
6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
of the Illinois Identification Card
Act;
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15. Has been convicted of violating Section 21-2 of the |
Criminal Code
of 1961 relating to criminal trespass to |
vehicles in which case, the suspension
shall be for one |
year;
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16. Has been convicted of violating Section 11-204 of |
this Code relating
to fleeing from a peace officer;
|
17. Has refused to submit to a test, or tests, as |
required under Section
11-501.1 of this Code and the person |
has not sought a hearing as
provided for in Section |
11-501.1;
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18. Has, since issuance of a driver's license or |
permit, been adjudged
to be afflicted with or suffering |
from any mental disability or disease;
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19. Has committed a violation of paragraph (a) or (b) |
of Section 6-101
relating to driving without a driver's |
license;
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20. Has been convicted of violating Section 6-104 |
relating to
classification of driver's license;
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21. Has been convicted of violating Section 11-402 of
|
this Code relating to leaving the scene of an accident |
resulting in damage
to a vehicle in excess of $1,000, in |
which case the suspension shall be
for one year;
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22. Has used a motor vehicle in violating paragraph |
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
the Criminal Code of 1961 relating
to unlawful use of |
weapons, in which case the suspension shall be for one
|
year;
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23. Has, as a driver, been convicted of committing a |
violation of
paragraph (a) of Section 11-502 of this Code |
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for a second or subsequent
time within one year of a |
similar violation;
|
24. Has been convicted by a court-martial or punished |
by non-judicial
punishment by military authorities of the |
United States at a military
installation in Illinois of or |
for a traffic related offense that is the
same as or |
similar to an offense specified under Section 6-205 or |
6-206 of
this Code;
|
25. Has permitted any form of identification to be used |
by another in
the application process in order to obtain or |
attempt to obtain a license,
identification card, or |
permit;
|
26. Has altered or attempted to alter a license or has |
possessed an
altered license, identification card, or |
permit;
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27. Has violated Section 6-16 of the Liquor Control Act |
of 1934;
|
28. Has been convicted of the illegal possession, while |
operating or
in actual physical control, as a driver, of a |
motor vehicle, of any
controlled substance prohibited |
under the Illinois Controlled Substances
Act or any |
cannabis prohibited under the provisions of the Cannabis |
Control
Act, in which case the person's driving privileges |
shall be suspended for
one year, and any driver who is |
convicted of a second or subsequent
offense, within 5 years |
of a previous conviction, for the illegal
possession, while |
operating or in actual physical control, as a driver, of
a |
motor vehicle, of any controlled substance prohibited |
under the
provisions of the Illinois Controlled Substances |
Act or any cannabis
prohibited under the Cannabis Control |
Act shall be suspended for 5 years.
Any defendant found |
guilty of this offense while operating a motor vehicle,
|
shall have an entry made in the court record by the |
presiding judge that
this offense did occur while the |
defendant was operating a motor vehicle
and order the clerk |
of the court to report the violation to the Secretary
of |
|
State;
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29. Has been convicted of the following offenses that |
were committed
while the person was operating or in actual |
physical control, as a driver,
of a motor vehicle: criminal |
sexual assault,
predatory criminal sexual assault of a |
child,
aggravated criminal sexual
assault, criminal sexual |
abuse, aggravated criminal sexual abuse, juvenile
pimping, |
soliciting for a juvenile prostitute and the manufacture, |
sale or
delivery of controlled substances or instruments |
used for illegal drug use
or abuse in which case the |
driver's driving privileges shall be suspended
for one |
year;
|
30. Has been convicted a second or subsequent time for |
any
combination of the offenses named in paragraph 29 of |
this subsection,
in which case the person's driving |
privileges shall be suspended for 5
years;
|
31. Has refused to submit to a test as
required by |
Section 11-501.6 or has submitted to a test resulting in
an |
alcohol concentration of 0.08 or more or any amount of a |
drug, substance, or
compound resulting from the unlawful |
use or consumption of cannabis as listed
in the Cannabis |
Control Act, a controlled substance as listed in the |
Illinois
Controlled Substances Act, or an intoxicating |
compound as listed in the Use of
Intoxicating Compounds |
Act, in which case the penalty shall be
as prescribed in |
Section 6-208.1;
|
32. Has been convicted of Section 24-1.2 of the |
Criminal Code of
1961 relating to the aggravated discharge |
of a firearm if the offender was
located in a motor vehicle |
at the time the firearm was discharged, in which
case the |
suspension shall be for 3 years;
|
33. Has as a driver, who was less than 21 years of age |
on the date of
the offense, been convicted a first time of |
a violation of paragraph (a) of
Section 11-502 of this Code |
or a similar provision of a local ordinance;
|
34. Has committed a violation of Section 11-1301.5 of |
|
this Code;
|
35. Has committed a violation of Section 11-1301.6 of |
this Code;
|
36. Is under the age of 21 years at the time of arrest |
and has been
convicted of not less than 2 offenses against |
traffic regulations governing
the movement of vehicles |
committed within any 24 month period. No revocation
or |
suspension shall be entered more than 6 months after the |
date of last
conviction;
|
37. Has committed a violation of subsection (c) of |
Section 11-907 of this
Code;
|
38. Has been convicted of a violation of Section 6-20 |
of the Liquor
Control Act of 1934 or a similar provision of |
a local ordinance; or
|
39. Has committed a second or subsequent violation of |
Section
11-1201 of this Code; or .
|
40. Has committed a violation of subsection (a-1) of |
Section 11-908 of this Code.
|
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
and 27 of this
subsection, license means any driver's license, |
any traffic ticket issued when
the person's driver's license is |
deposited in lieu of bail, a suspension
notice issued by the |
Secretary of State, a duplicate or corrected driver's
license, |
a probationary driver's license or a temporary driver's |
license.
|
(b) If any conviction forming the basis of a suspension or
|
revocation authorized under this Section is appealed, the
|
Secretary of State may rescind or withhold the entry of the |
order of suspension
or revocation, as the case may be, provided |
that a certified copy of a stay
order of a court is filed with |
the Secretary of State. If the conviction is
affirmed on |
appeal, the date of the conviction shall relate back to the |
time
the original judgment of conviction was entered and the 6 |
month limitation
prescribed shall not apply.
|
(c) 1. Upon suspending or revoking the driver's license or |
permit of
any person as authorized in this Section, the |
|
Secretary of State shall
immediately notify the person in |
writing of the revocation or suspension.
The notice to be |
deposited in the United States mail, postage prepaid,
to |
the last known address of the person.
|
2. If the Secretary of State suspends the driver's |
license
of a person under subsection 2 of paragraph (a) of |
this Section, a
person's privilege to operate a vehicle as |
an occupation shall not be
suspended, provided an affidavit |
is properly completed, the appropriate fee
received, and a |
permit issued prior to the effective date of the
|
suspension, unless 5 offenses were committed, at least 2 of |
which occurred
while operating a commercial vehicle in |
connection with the driver's
regular occupation. All other |
driving privileges shall be suspended by the
Secretary of |
State. Any driver prior to operating a vehicle for
|
occupational purposes only must submit the affidavit on |
forms to be
provided by the Secretary of State setting |
forth the facts of the person's
occupation. The affidavit |
shall also state the number of offenses
committed while |
operating a vehicle in connection with the driver's regular
|
occupation. The affidavit shall be accompanied by the |
driver's license.
Upon receipt of a properly completed |
affidavit, the Secretary of State
shall issue the driver a |
permit to operate a vehicle in connection with the
driver's |
regular occupation only. Unless the permit is issued by the
|
Secretary of State prior to the date of suspension, the |
privilege to drive
any motor vehicle shall be suspended as |
set forth in the notice that was
mailed under this Section. |
If an affidavit is received subsequent to the
effective |
date of this suspension, a permit may be issued for the |
remainder
of the suspension period.
|
The provisions of this subparagraph shall not apply to |
any driver
required to obtain a commercial driver's license |
under Section 6-507 during
the period of a disqualification |
of commercial driving privileges under
Section 6-514.
|
Any person who falsely states any fact in the affidavit |
|
required
herein shall be guilty of perjury under Section |
6-302 and upon conviction
thereof shall have all driving |
privileges revoked without further rights.
|
3. At the conclusion of a hearing under Section 2-118 |
of this Code,
the Secretary of State shall either rescind |
or continue an order of
revocation or shall substitute an |
order of suspension; or, good
cause appearing therefor, |
rescind, continue, change, or extend the
order of |
suspension. If the Secretary of State does not rescind the |
order,
the Secretary may upon application,
to relieve undue |
hardship, issue
a restricted driving permit granting the |
privilege of driving a motor
vehicle between the |
petitioner's residence and petitioner's place of
|
employment or within the scope of his employment related |
duties, or to
allow transportation for the petitioner, or a |
household member of the
petitioner's family, to receive |
necessary medical care and if the
professional evaluation |
indicates, provide transportation for alcohol
remedial or |
rehabilitative activity, or for the petitioner to attend
|
classes, as a student, in an accredited educational |
institution; if the
petitioner is able to demonstrate that |
no alternative means of
transportation is reasonably |
available and the petitioner will not endanger
the public |
safety or welfare.
|
If a person's license or permit has been revoked or |
suspended due to 2
or more convictions of violating Section |
11-501 of this Code or a similar
provision of a local |
ordinance or a similar out-of-state offense, arising out
of |
separate occurrences, that person, if issued a restricted |
driving permit,
may not operate a vehicle unless it has |
been equipped with an ignition
interlock device as defined |
in Section 1-129.1.
|
If a person's license or permit has been revoked or |
suspended 2 or more
times within a 10 year period due to a |
single conviction of violating Section
11-501 of this Code |
or a similar provision of a local ordinance or a similar
|
|
out-of-state offense, and a statutory summary suspension |
under Section
11-501.1, or 2 or more statutory summary |
suspensions, or combination of 2
offenses, or of an offense |
and a statutory summary suspension, arising out of
separate |
occurrences, that person, if issued a restricted driving |
permit, may
not operate a vehicle unless it has been
|
equipped with an ignition interlock device as defined in |
Section 1-129.1.
The person must pay to the Secretary of |
State DUI Administration Fund an amount
not to exceed $20 |
per month. The Secretary shall establish by rule the amount
|
and the procedures, terms, and conditions relating to these |
fees. If the
restricted driving permit was issued for |
employment purposes, then this
provision does not apply to |
the operation of an occupational vehicle owned or
leased by |
that person's employer. In each case the Secretary may |
issue a
restricted driving permit for a period deemed |
appropriate, except that all
permits shall expire within |
one year from the date of issuance. The Secretary
may not, |
however, issue a restricted driving permit to any person |
whose current
revocation is the result of a second or |
subsequent conviction for a violation
of Section 11-501 of |
this Code or a similar provision of a local ordinance
|
relating to the offense of operating or being in physical |
control of a motor
vehicle while under the influence of |
alcohol, other drug or drugs, intoxicating
compound or |
compounds, or any similar out-of-state offense, or any |
combination
of those offenses, until the expiration of at |
least one year from the date of
the revocation. A
|
restricted driving permit issued under this Section shall |
be subject to
cancellation, revocation, and suspension by |
the Secretary of State in like
manner and for like cause as |
a driver's license issued under this Code may be
cancelled, |
revoked, or suspended; except that a conviction upon one or |
more
offenses against laws or ordinances regulating the |
movement of traffic
shall be deemed sufficient cause for |
the revocation, suspension, or
cancellation of a |
|
restricted driving permit. The Secretary of State may, as
a |
condition to the issuance of a restricted driving permit, |
require the
applicant to participate in a designated driver |
remedial or rehabilitative
program. The Secretary of State |
is authorized to cancel a restricted
driving permit if the |
permit holder does not successfully complete the program.
|
(c-5) The Secretary of State may, as a condition of the |
reissuance of a
driver's license or permit to an applicant |
whose driver's license or permit has
been suspended before he |
or she reached the age of 18 years pursuant to any of
the |
provisions of this Section, require the applicant to |
participate in a
driver remedial education course and be |
retested under Section 6-109 of this
Code.
|
(d) This Section is subject to the provisions of the |
Drivers License
Compact.
|
(e) The Secretary of State shall not issue a restricted |
driving permit to
a person under the age of 16 years whose |
driving privileges have been suspended
or revoked under any |
provisions of this Code.
|
(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; |
92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. |
1-1-03; 92-814, eff. 1-1-03;
93-120, eff. 1-1-04.)
|
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
|
Sec. 6-208. Period of Suspension - Application After |
Revocation.
|
(a) Except as otherwise provided by this Code or any other |
law of this
State, the Secretary of State shall not suspend a |
driver's license,
permit or privilege to drive a motor vehicle |
on the highways for a
period of more than one year.
|
(b) Any person whose license, permit or privilege to drive |
a motor
vehicle on the highways has been revoked shall not be |
entitled to have
such license, permit or privilege renewed or |
restored. However, such
person may, except as provided under |
subsection (d) of Section 6-205, make
application for a license |
pursuant to Section 6-106 (i) if the revocation
was
for a cause |
|
which has been removed or (ii) as provided in the following
|
subparagraphs:
|
1. Except as provided in subparagraphs 2, 3, and 4,
the |
person may make application for a license after the |
expiration of one
year from the effective date of the |
revocation
or, in the case of a violation of paragraph (b) |
of Section 11-401 of this
Code or a similar provision of a |
local ordinance, after the expiration of 3
years from the |
effective date of the revocation or, in the case of a |
violation
of Section 9-3 of the Criminal Code of 1961 |
relating to the offense of reckless
homicide or a violation |
of subparagraph (F) of paragraph 1 of subsection (d) of |
Section 11-501 of this Code relating to aggravated driving |
under the influence of alcohol, other drug or drugs, |
intoxicating compound or compounds, or any combination |
thereof, if the violation was the proximate cause of a |
death, after the expiration of 2 years from the effective |
date of the
revocation
or after the expiration of 24 months |
from the date of release from
a
period of imprisonment as |
provided in Section
6-103 of this Code, whichever is later.
|
2. If such person is convicted of committing a second |
violation within a
20 year period of:
|
(A) Section 11-501 of this Code, or a similar |
provision of a local
ordinance; or
|
(B) Paragraph (b) of Section 11-401 of this Code, |
or a similar
provision
of a local ordinance; or
|
(C) Section 9-3 of the Criminal Code of 1961, as |
amended, relating
to the
offense of reckless homicide; |
or
|
(D) any combination of the above offenses |
committed at different
instances;
|
then such person may not make application for a license |
until after
the expiration of 5 years from the effective |
date of the most recent
revocation. The 20 year period |
shall be computed by using the dates the
offenses were |
committed and shall also include similar out-of-state
|
|
offenses.
|
3. However, except as provided in subparagraph 4, if |
such person is
convicted of committing a third, or
|
subsequent, violation or any combination of the above |
offenses, including
similar out-of-state offenses, |
contained in subparagraph 2, then such person
may not make |
application for a license until after the expiration of 10 |
years
from the effective date of the most recent |
revocation.
|
4. The person may not make application for a license if |
the person is
convicted of committing a fourth or |
subsequent
violation of Section 11-501 of this Code or a |
similar provision of a local
ordinance, Section 11-401 of |
this Code, Section 9-3 of the
Criminal Code of 1961, or
a |
combination of these offenses
or similar provisions of |
local ordinances
or similar out-of-state offenses.
|
Notwithstanding any other provision of this Code, all |
persons referred to
in this paragraph (b) may not have their |
privileges restored until the
Secretary receives payment of the |
required reinstatement fee pursuant to
subsection (b) of |
Section 6-118.
|
In no event shall the Secretary issue such license
unless |
and until such person has had a hearing pursuant to this Code |
and
the appropriate administrative rules and the Secretary is
|
satisfied, after a review or investigation of such person, that
|
to grant the privilege of driving a motor vehicle on the |
highways will
not endanger the public safety or welfare.
|
(c) If a person prohibited under paragraph (2) or paragraph |
(3) of
subsection (c-4) of Section 11-501 from
driving any |
vehicle not equipped with an ignition interlock device |
nevertheless
is convicted of driving a vehicle that is not |
equipped with the device,
that person is prohibited from |
driving any vehicle not equipped with an
ignition interlock |
device for an additional period of time equal to the initial
|
time period that the person was required to use an ignition |
interlock device.
|
|
(Source: P.A. 91-357, eff. 7-29-99; 92-343, eff. 1-1-02; |
92-418, eff.
8-17-01; 92-458, eff. 8-22-01; 92-651, eff. |
7-11-02.)
|
(625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
|
Sec. 6-306.6. Failure to pay traffic fines, penalties, or
|
and court costs.
|
(a) Whenever any resident of this State fails to pay any |
traffic fine,
penalty,
or
and cost imposed for a violation of |
this Code, or similar provision of
local ordinance, the clerk |
may notify the Secretary of State, on
a report
prescribed by |
the Secretary, and the Secretary shall prohibit the renewal,
|
reissue or reinstatement of such resident's driving privileges |
until such
fine, penalty, or
and cost has
have been paid in |
full. The clerk
shall provide notice to
the driver, at the |
driver's last known address as shown on the court's
records, |
stating that such action
will be effective on the 46th day |
following the date of the above notice if
payment is not |
received in full by the court of venue.
|
(a-1) Whenever any resident of this State who has made a |
partial payment on any traffic fine, penalty, or cost that was |
imposed under a conviction entered on or after the effective |
date of this amendatory Act of the 93rd General Assembly, for a |
violation of this Code or a similar provision of a local |
ordinance, fails to pay the remainder of the outstanding fine, |
penalty, or cost within the time limit set by the court, the |
clerk may notify the Secretary of State, on a report prescribed |
by the Secretary, and the Secretary shall prohibit the renewal, |
reissue, or reinstatement of the resident's driving privileges |
until the fine, penalty, or cost has been paid in full. The |
clerk shall provide notice to the driver, at the driver's last |
known address as shown on the court's records, stating that the |
action will be effective on the 46th day following the date of |
the notice if payment is not received in full by the court of |
venue.
|
(b) Following receipt of the report from the clerk, the
|
|
Secretary of
State shall make the proper notation to the |
driver's file to prohibit the
renewal, reissue or reinstatement |
of such driver's driving privileges.
Except as provided in |
paragraph (2) of subsection (d) of this Section, such
notation |
shall not be removed from the driver's record until the
driver |
satisfies the outstanding fine, penalty, or
and cost and an
|
appropriate notice on
a form prescribed by the Secretary is |
received by the Secretary from the
court of venue, stating that |
such fine, penalty, or
and cost has been paid
in full.
Upon |
payment in full of a traffic fine, penalty, or
and court cost |
which has
previously been reported under this Section as |
unpaid, the clerk of the
court shall present the driver with a |
signed receipt containing the seal of
the court indicating that |
such fine, penalty, or
and cost has
have been paid in
full, and
|
shall forward forthwith to the Secretary of State a notice |
stating that the
fine, penalty, or
and cost has
have been paid |
in full.
|
(c) The provisions of this Section shall be limited to a |
single action
per arrest and as a post conviction measure only. |
Fines, penalty, or
and
costs to be
collected subsequent to |
orders of court supervision, or other available
court |
diversions are not applicable to this Section. A driver making |
a
partial payment of any outstanding fine, penalty, and cost is |
not a
sufficient basis
for the clerk to notify the Secretary |
for any subsequent action
pursuant to
this Section.
|
(d) (1) Notwithstanding the receipt of a report from the |
clerk
as
prescribed in subsection (a), nothing in this Section |
is intended to place
any responsibility upon the Secretary of |
State to provide independent
notice to the driver of any |
potential action to disallow the renewal,
reissue or |
reinstatement of such driver's driving privileges.
|
(2) The Secretary of State shall renew, reissue or |
reinstate a
driver's driving privileges which were previously |
refused pursuant to this
Section upon presentation of an |
original receipt which is signed by the
clerk of the court and |
contains the seal of the court indicating that the
fine, |