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| Public Act 094-0357 |
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AN ACT concerning transportation.
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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 | ||||
Section 6-206.1 as follows:
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(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
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Sec. 6-206.1. Judicial Driving Permit. Declaration of | ||||
Policy. It is hereby declared a policy of the
State of Illinois | ||||
that the driver who is impaired by alcohol, other drug or
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drugs, or intoxicating compound or compounds is a
threat to the | ||||
public safety and welfare. Therefore, to
provide a deterrent to | ||||
such practice and to remove problem drivers from
the highway, a | ||||
statutory summary driver's license suspension is appropriate.
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It is also recognized that driving is a privilege and | ||||
therefore, that in some
cases the granting of limited driving | ||||
privileges, where consistent with public
safety, is warranted | ||||
during the period of suspension in the form of a judicial
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driving permit to drive for the purpose of employment, | ||||
receiving drug treatment
or medical care, and educational | ||||
pursuits, where no alternative means of
transportation is | ||||
available.
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The following procedures shall apply whenever
a first | ||||
offender is arrested for any offense as defined in Section | ||||
11-501
or a similar provision of a local ordinance:
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(a) Subsequent to a notification of a statutory summary | ||||
suspension of
driving privileges as provided in Section | ||||
11-501.1, the first offender as
defined in Section 11-500 may | ||||
petition the circuit court of venue for a
Judicial Driving | ||||
Permit, hereinafter referred as a JDP, to relieve undue
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hardship. The court may issue a court order, pursuant to the | ||||
criteria
contained in this Section, directing the Secretary of | ||||
State to issue such
a JDP to the petitioner. A JDP shall not | ||||
become effective prior to the 31st
day of the original | ||
statutory summary suspension and shall always be
subject to the | ||
following criteria:
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1. If ordered for the purposes of employment, the JDP | ||
shall be only for
the purpose of providing the petitioner | ||
the privilege of driving a motor
vehicle between the | ||
petitioner's residence and the petitioner's place of
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employment and return; or within the scope of the | ||
petitioner's employment
related duties, shall be effective | ||
only during and limited to
those specific times and routes | ||
actually
required to commute or perform the petitioner's | ||
employment related duties.
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2. The court, by a court order, may also direct the | ||
Secretary
of State to issue a JDP to allow transportation | ||
for the petitioner,
or a household member of the | ||
petitioner's family, to receive alcohol, drug, or | ||
intoxicating compound treatment or medical care, if the
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petitioner is able to
demonstrate that no alternative means | ||
of transportation is reasonably
available. Such JDP shall | ||
be effective only during the specific
times actually | ||
required to commute.
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3. The court, by a court order, may also direct the | ||
Secretary of State
to issue a JDP to allow transportation | ||
by the petitioner for educational
purposes upon | ||
demonstrating that there are no alternative means of
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transportation reasonably available to accomplish those | ||
educational
purposes. Such JDP shall be only for the | ||
purpose of providing
transportation to and from the | ||
petitioner's residence and the petitioner's
place of | ||
educational activity, and only during the specific times | ||
and
routes actually required to commute or perform the | ||
petitioner's educational
requirement.
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4. The Court shall not issue an order granting a JDP | ||
to:
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(i) Any person unless and until the court, after
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considering the results of a current professional | ||
evaluation of the person's
alcohol or other drug use by | ||
an agency pursuant to Section 15-10 of the
Alcoholism | ||
and Other Drug Abuse and
Dependency Act and other | ||
appropriate investigation of the
person, is satisfied | ||
that granting the privilege of
driving a motor vehicle | ||
on the highways will not endanger the public safety or
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welfare.
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(ii) Any person who has been convicted of reckless | ||
homicide within
the previous 5 years.
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(iii) Any person whose privilege to operate a motor | ||
vehicle
was invalid at the time of arrest for the | ||
current violation of Section 11-501,
or a similar | ||
provision of a local ordinance, except in cases where | ||
the cause
for a driver's license suspension has been | ||
removed at the time a JDP is
effective. In any case, | ||
should the Secretary of State enter a suspension or
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revocation of driving privileges pursuant to the | ||
provisions of this Code
while the JDP is in effect or | ||
pending, the Secretary shall take the
prescribed | ||
action and provide a notice to the person and the court | ||
ordering
the issuance of the JDP that all driving | ||
privileges, including those provided
by the issuance | ||
of the JDP, have been withdrawn.
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(iv) Any person under the age of 18 years.
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(b) Prior to ordering the issuance of a JDP the Court | ||
should consider at
least, but not be limited to, the following | ||
issues:
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1. Whether the person is employed and no other means of | ||
commuting to the
place of employment is available or that | ||
the person must drive as a
condition of employment. The | ||
employer shall certify the hours of
employment and the need | ||
and parameters necessary for driving as a
condition to | ||
employment.
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2. Whether the person must drive to secure alcohol or | ||
other medical
treatment for himself or a family member.
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3. Whether the person must drive for educational | ||
purposes. The
educational institution shall certify the | ||
person's enrollment in and
academic schedule at the | ||
institution.
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4. Whether the person has been repeatedly convicted of | ||
traffic
violations or involved in motor vehicle accidents | ||
to a degree which
indicates disrespect for public safety.
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5. Whether the person has been convicted of a traffic | ||
violation in
connection with a traffic accident resulting | ||
in the death of any person
within the last 5 years.
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6. Whether the person is likely to obey the limited | ||
provisions of the
JDP.
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7. Whether the person has any additional traffic | ||
violations pending
in any court.
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For purposes of this Section, programs conducting | ||
professional
evaluations of a person's alcohol, other drug, or | ||
intoxicating
compound use must report, to the
court of venue, | ||
using a form prescribed by the Secretary of State. A copy
of | ||
such evaluations shall be sent to the Secretary of State by the | ||
court.
However, the evaluation information shall be privileged | ||
and only available
to courts and to the Secretary of State, but | ||
shall not be admissible in the
subsequent trial on the | ||
underlying charge.
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(c) The scope of any court order issued for a JDP under | ||
this Section
shall be limited to
the operation of a motor | ||
vehicle as provided for in subsection (a) of
this Section and | ||
shall specify the petitioner's residence, place of
employment | ||
or location of educational institution, and the scope of job
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related duties, if relevant. The JDP shall also specify days of | ||
the week
and specific hours
of the day when the petitioner is | ||
able to exercise the limited privilege of
operating a motor | ||
vehicle.
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(c-1) If the petitioner is issued a citation for a | ||
violation of Section 6-303 during the period of a statutory | ||
summary suspension entered under Section 11-501.1 of this Code, | ||
or if the petitioner is charged with a violation of Section | ||
11-501 or a similar provision of a local ordinance or a similar | ||
out of state offense which occurs after the current violation | ||
of Section 11-501 or a similar provision of a local ordinance, | ||
the court may not grant the petitioner a JDP unless the | ||
petitioner is acquitted or the citation or complaint is | ||
otherwise dismissed. | ||
If the petitioner is issued a citation for a violation of | ||
Section 6-303 or a violation of Section 11-501 or a similar | ||
provision of a local ordinance or a similar out of state | ||
offense during the term of the JDP, the officer issuing the | ||
citation, or the law enforcement agency employing that officer, | ||
shall confiscate the JDP and immediately send the JDP and | ||
notice of the citation to the court that ordered the issuance | ||
of the JDP. Within 10 days of receipt, the issuing court, upon | ||
notice to the petitioner, shall conduct a hearing to consider | ||
cancellation of the JDP. If the court enters an order of | ||
cancellation, the court shall forward the order to the | ||
Secretary of State, and the Secretary shall cancel the JDP and | ||
notify the petitioner of the cancellation. If, however, the | ||
petitioner is convicted of the offense before the JDP has been | ||
cancelled, the court of venue shall send notice of conviction | ||
to the court that ordered issuance of the JDP. The court | ||
receiving the notice shall immediately enter an order of | ||
cancellation and forward the order to the Secretary of State. | ||
The Secretary shall cancel the JDP and notify the petitioner of | ||
the cancellation. | ||
If the petitioner is issued a citation for any other | ||
traffic related offense during the term of the JDP, the officer | ||
issuing the citation, or the law enforcement agency employing | ||
that officer, shall send notice of the citation to the court | ||
that ordered issuance of the JDP. Upon receipt and notice to | ||
the petitioner and an opportunity for a hearing, the court | ||
shall determine whether the violation constitutes grounds for | ||
cancellation of the JDP. If the court enters an order of | ||
cancellation, the court shall forward the order to the | ||
Secretary of State, and the Secretary shall cancel the JDP and | ||
shall notify the petitioner of the cancellation.
If the | ||
Petitioner, who has been granted a JDP, is issued a citation | ||
for a
traffic related offense, including operating a motor | ||
vehicle outside the
limitations prescribed in the JDP or a | ||
violation of Section 6-303, or is
convicted of any such an | ||
offense during the term
of the JDP, the court shall consider | ||
cancellation of the limited driving
permit. In any case, if the | ||
Petitioner commits an offense, as defined in
Section 11-501, or | ||
a similar provision of a local ordinance, as evidenced
by the | ||
issuance of a Uniform Traffic Ticket, the JDP shall be | ||
forwarded by
the court of venue to the court ordering the | ||
issuance of the JDP, for
cancellation. The court shall notify | ||
the Secretary of State of any
such cancellation.
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(d) The Secretary of State shall, upon receiving a court | ||
order
from the court of venue, issue a JDP to a successful | ||
Petitioner under this
Section. Such court order form shall also | ||
contain a notification, which
shall be sent to the Secretary of | ||
State, providing the name, driver's
license number and legal | ||
address of the successful petitioner, and the full
and detailed | ||
description of the limitations of the JDP. This information
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shall be available only to the courts, police officers, and the | ||
Secretary
of State, except during the actual period the JDP is | ||
valid, during which
time it shall be a public record. The | ||
Secretary of State shall design and
furnish to the courts an | ||
official court order form to be used by the courts
when | ||
directing the Secretary of State to issue a JDP.
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Any submitted court order that contains insufficient data | ||
or fails to
comply with this Code shall not be utilized for JDP | ||
issuance or entered to
the driver record but shall be returned | ||
to the issuing court indicating why
the JDP cannot be so | ||
entered. A notice of this action shall also be sent
to the JDP | ||
petitioner by the Secretary of State.
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(e) The circuit court of venue may conduct the judicial | ||
hearing, as
provided in Section 2-118.1, and the JDP hearing | ||
provided in this Section,
concurrently. Such concurrent | ||
hearing shall proceed in the court in the
same manner as in | ||
other civil proceedings.
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(f) The circuit court of venue may, as a condition of the | ||
issuance of
a JDP, prohibit the person from operating a motor | ||
vehicle not equipped with an
ignition interlock device.
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(Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99; 91-127, | ||
eff.
1-1-00.)
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