Public Act 093-0955
 		





HB7015 Enrolled
LRB093 18262 DRH 43963 b






    AN ACT concerning transportation.

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


 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 6-206  and 11-605 and  by adding Section 11-605.1 as 
follows:
 



    (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)



    Sec. 6-206. Discretionary authority to suspend or revoke 
license or
permit; Right to a hearing.

    (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:


        1. Has committed an offense for which mandatory 
    revocation of
a driver's license or permit is required upon 
    conviction;


        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;


        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;


        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 
    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;


        5. Has permitted an unlawful or fraudulent use of a 
    driver's
license, identification card, or permit;


        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;


        7. Has refused or failed to submit to an examination 
    provided for by
Section 6-207 or has failed to pass the 
    examination;


        8. Is ineligible for a driver's license or permit under 
    the provisions
of Section 6-103;


        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;


        10. Has possessed, displayed, or attempted to 
    fraudulently use any
license, identification card, or 
    permit not issued to the person;


        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, 
    identification card, or permit for some other person;


        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;


        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;


        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;


        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;


        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;


        19. Has committed a violation of paragraph (a) or (b) 
    of Section 6-101
relating to driving without a driver's 
    license;


        20. Has been convicted of violating Section 6-104 
    relating to
classification of driver's license;


        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;


        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;


        23. Has, as a driver, been convicted of committing a 
    violation of
paragraph (a) of Section 11-502 of this Code 
    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;


        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;


        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 second or subsequent violation of 
    Section 11-605.1 of this Code within 2 years of the date of 
    the previous violation, in which case the suspension shall 
    be for 90 days.

    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 5/11-605)  (from Ch. 95 1/2, par. 11-605)



    Sec. 11-605. Special speed limit while passing schools or 
while traveling
through highway
construction or maintenance 
zones.

    (a) For the purpose of this Section, "school" means the 
following
entities:


        (1) A public or private primary or secondary school.


        (2) A primary or secondary school operated by a 
    religious institution.


        (3) A public, private, or religious nursery school.

    On a school day when school children are present and so 
close
thereto
that a potential hazard exists because  of the 
close proximity of the motorized
traffic, no person shall drive 
a motor vehicle at a speed in excess of 20 miles
per hour while 
passing a school zone or while traveling on a roadway on public

school property or upon any public
thoroughfare where children 
pass going
to and from school.

    For the purpose of this Section a school day shall begin at 
seven ante
meridian and shall conclude at four post meridian.

    This Section shall not be applicable unless appropriate 
signs are posted
upon streets and highways under their 
respective jurisdiction and
maintained by the Department, 
township, county, park district, city,
village or incorporated 
town wherein the school zone is located. With regard
to the 
special speed limit while passing schools, such signs
shall 
give proper due warning that a school zone is being approached 
and
shall indicate the school zone and the maximum speed limit 
in effect during
school days when school children are present.

    (b) (Blank).
No person shall operate a motor vehicle in a 
construction or
maintenance zone at a speed in excess of the 
posted speed limit when workers
are present and so close to the 
moving traffic that a potential hazard exists
because of the 
motorized traffic.

    (c) Nothing in this Chapter shall
prohibit the use of 
electronic speed-detecting devices within 500 feet of
signs 
within a special school speed zone or a construction or 
maintenance
zone indicating such zone, as defined
in this 
Section, nor shall evidence obtained thereby be inadmissible in 
any
prosecution for speeding provided the use of such device 
shall apply only
to the enforcement of the speed limit in such 
special school speed zone or a
construction or maintenance 
zone.

    (d) (Blank).
For the purpose of this Section, a 
construction or maintenance zone is
an area in which the 
Department, Toll Highway Authority, or local agency has

determined that the preexisting established speed limit 
through a highway
construction or maintenance project is 
greater than is reasonable or safe with
respect to the 
conditions expected to exist in the construction or maintenance

zone and has posted a lower speed limit with a highway 
construction or
maintenance zone special speed limit sign.

    Highway construction or maintenance zone special speed 
limit signs shall be
of a design approved by the Department.  
The signs shall give proper due
warning that a construction or 
maintenance zone is being approached and shall
indicate the 
maximum speed limit in effect.  The signs shall also state the

amount of the minimum fine for a violation when workers are 
present.

    (e) A first violation of this Section is a petty
offense 
with a minimum fine
of $150.  A second or subsequent violation 
of this
Section is a petty offense with a minimum fine of $300.

    (f) When a fine for a violation of subsection (a) is $150 
or greater,
the person who violates subsection (a) shall be 
charged an additional
$50 to be paid to the unit school

district where the
violation
occurred for school safety 
purposes.  If the violation occurred in a dual
school district,

$25 of the surcharge shall be paid to the elementary school 
district for school
safety
purposes and $25 of the surcharge 
shall be paid to the high school district for
school
safety 
purposes.  Notwithstanding any other provision of law, the 
entire $50
surcharge
shall be paid to the appropriate school 
district or districts.

    For purposes of this subsection (f), "school safety 
purposes" includes the
costs
associated with school zone safety 
education and
the purchase, installation, and maintenance of 
caution lights
which are
mounted on school speed zone signs.

    (g) (Blank).
When a fine for a violation of subsection (b) 
is $150 or greater,
the person who violates subsection (b) 
shall be charged an additional $50.
The $50 surcharge shall be 
deposited into the Transportation Safety Highway
Hire-back 
Fund.

    (h) (Blank).
The
Transportation Safety Highway
Hire-back 
Fund is created as a special fund in the State treasury.

Subject to appropriation by the General Assembly and approval 
by the
Secretary, the Secretary of Transportation shall use all 
moneys in the
Transportation Safety Highway
Hire-back Fund to 
hire off-duty Department of State Police officers to monitor

construction or maintenance zones.

(Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02; 92-619, 
eff. 1-1-03;
92-780, eff. 8-6-02; revised 8-22-02.)

 
    (625 ILCS 5/11-605.1  new)
    Sec. 11-605.1. Special limit while traveling through a 
highway construction or maintenance speed zone.
    (a)  A person may not  operate a motor vehicle in a 
construction or maintenance speed zone at a speed in excess of 
the posted speed limit.

    (b)  Nothing in this Chapter prohibits the use of electronic 
speed-detecting devices within 500 feet of signs within a 
construction or maintenance speed zone indicating the zone, as 
defined in this Section, nor shall evidence obtained by use of 
those devices be inadmissible in any prosecution for speeding, 
provided the use of the device shall apply only to the 
enforcement of the speed limit in the construction or 
maintenance speed zone.

    (c)  As used in this Section, a "construction or maintenance 
speed zone" is an area in which the Department, Toll Highway 
Authority, or local agency has determined that the preexisting 
established speed limit through a highway construction or 
maintenance project is greater than is reasonable or safe with 
respect to the conditions expected to exist in the construction 
or maintenance speed zone and has posted a lower speed limit 
with a highway construction or maintenance speed zone special 
speed limit sign.
    Highway construction or maintenance speed zone special 
speed limit signs shall be of a design approved by the 
Department.  The signs must give proper due warning that a 
construction or maintenance speed zone is being approached and 
must indicate the maximum speed limit in effect.  The signs also 
must state the amount of the minimum fine for a violation.

    (d)  A first violation of this Section is a petty offense 
with a minimum fine of $250.  A second or subsequent violation 
of this Section is a petty offense with a minimum fine of $750.
    (e) If a fine for a violation of this Section is $250 or 
greater, the person who violated this Section shall be charged 
an additional $125, which shall be deposited into the 
Transportation Safety Highway Hire-back Fund.  In the case of a  
second or subsequent violation of this Section, if the fine is 
$750 or greater, the person who violated this Section shall be 
charged an additional $250, which shall be deposited into the 
Transportation Safety Highway Hire-back Fund.

    (f)  The Transportation Safety Highway Hire-back Fund, 
which was  created by Public Act 92-619, shall continue to be  a 
special fund in the State treasury.  Subject to appropriation by 
the General Assembly and approval by the Secretary, the 
Secretary of Transportation shall use all moneys in the 
Transportation Safety Highway Hire-back Fund to hire off-duty 
Department of State Police officers to monitor construction or 
maintenance zones.
    (g)  For a second or subsequent violation of this Section 
within 2 years of the date of the previous violation, the 
Secretary of State shall suspend the driver's license of the 
violator for a period of 90 days.

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.