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| Public Act 099-0297 | ||||
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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 6-205 as follows:
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(625 ILCS 5/6-205)
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Sec. 6-205. Mandatory revocation of license or permit; | ||||
Hardship cases.
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(a) Except as provided in this Section, the Secretary of | ||||
State shall
immediately revoke the license, permit, or driving | ||||
privileges of
any driver upon receiving a
report of the | ||||
driver's conviction of any of the following offenses:
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1. Reckless homicide resulting from the operation of a | ||||
motor vehicle;
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2. 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 | ||||
vehicle while under the influence of alcohol, other drug or
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drugs, intoxicating compound or compounds, or any | ||||
combination thereof;
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3. Any felony under the laws of any State or the | ||||
federal government
in the commission of which a motor | ||||
vehicle was used;
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4. Violation of Section 11-401 of this Code relating to | ||
the offense of
leaving the scene of a traffic accident | ||
involving death or personal injury;
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5. Perjury or the making of a false affidavit or | ||
statement under
oath to the Secretary of State under this | ||
Code or under any
other law relating to the ownership or | ||
operation of motor vehicles;
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6. Conviction upon 3 charges of violation of Section | ||
11-503 of this
Code relating to the offense of reckless | ||
driving committed within a
period of 12 months;
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7. Conviction of any offense
defined in
Section 4-102 | ||
of this Code;
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8. Violation of Section 11-504 of this Code relating to | ||
the offense
of drag racing;
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9. Violation of Chapters 8 and 9 of this Code;
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10. Violation of Section 12-5 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 arising from
the use of a | ||
motor vehicle;
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11. Violation of Section 11-204.1 of this Code relating | ||
to aggravated
fleeing or attempting to elude a peace | ||
officer;
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12. Violation of paragraph (1) of subsection (b) of | ||
Section 6-507,
or a similar law of any other state, | ||
relating to the
unlawful operation of a commercial motor | ||
vehicle;
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13. Violation of paragraph (a) of Section 11-502 of | ||
this Code or a
similar provision of a local ordinance if | ||
the driver has been previously
convicted of a violation of | ||
that Section or a similar provision of a local
ordinance | ||
and the driver was less than 21 years of age at the time of | ||
the
offense;
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14. Violation of paragraph (a) of Section 11-506 of | ||
this Code or a similar provision of a local ordinance | ||
relating to the offense of street racing;
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15. A second or subsequent conviction of driving while | ||
the person's driver's license, permit or privileges was | ||
revoked for reckless homicide or a similar out-of-state | ||
offense; | ||
16. Any offense against any provision in this Code, or | ||
any local ordinance, regulating the
movement of traffic | ||
when that offense was the proximate cause of the death of | ||
any person. Any person whose driving privileges have been | ||
revoked pursuant to this paragraph may seek to have the | ||
revocation terminated or to have the length of revocation | ||
reduced by requesting an administrative hearing with the | ||
Secretary of State prior to the projected driver's license | ||
application eligibility date; | ||
17. Violation of subsection (a-2) of Section 11-1301.3 | ||
of this Code or a similar provision of a local ordinance; | ||
18. A second or subsequent conviction of 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, any cannabis prohibited under the Cannabis | ||
Control Act, or any methamphetamine prohibited under the | ||
Methamphetamine Control and Community Protection Act. A | ||
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
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of State. | ||
(b) The Secretary of State shall also immediately revoke | ||
the license
or permit of any driver in the following | ||
situations:
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1. Of any minor upon receiving the notice provided for | ||
in Section
5-901 of the Juvenile Court Act of 1987 that the | ||
minor has been
adjudicated under that Act as having | ||
committed an offense relating to
motor vehicles prescribed | ||
in Section 4-103 of this Code;
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2. Of any person when any other law of this State | ||
requires either the
revocation or suspension of a license | ||
or permit;
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3. Of any person adjudicated under the Juvenile Court | ||
Act of 1987 based on an offense determined to have been | ||
committed in furtherance of the criminal activities of an | ||
organized gang as provided in Section 5-710 of that Act, | ||
and that involved the operation or use of a motor vehicle | ||
or the use of a driver's license or permit. The revocation | ||
shall remain in effect for the period determined by the | ||
court. Upon the direction of the court, the Secretary shall | ||
issue the person a judicial driving permit, also known as a | ||
JDP. The JDP shall be subject to the same terms as a JDP | ||
issued under Section 6-206.1, except that the court may | ||
direct that a JDP issued under this subdivision (b)(3) be | ||
effective immediately.
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(c)(1) Whenever a person is convicted of any of the | ||
offenses enumerated in
this Section, the court may recommend | ||
and the Secretary of State in his
discretion, without regard to | ||
whether the recommendation is made by the
court may, upon | ||
application,
issue to the person 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 the petitioner's employment related
duties, | ||
or to allow the petitioner to transport himself or herself or a | ||
family member
of the petitioner's household to a medical | ||
facility for the receipt of necessary medical care or to allow | ||
the
petitioner to transport himself or herself to and from | ||
alcohol or drug remedial or rehabilitative activity | ||
recommended by a licensed service provider, or to allow the
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petitioner to transport himself or herself or a family member | ||
of the petitioner's household to classes, as a student, at an | ||
accredited educational
institution, or to allow the petitioner | ||
to transport children, elderly persons, or disabled persons who | ||
do not hold driving privileges and are living in the | ||
petitioner's household to and from daycare; if the petitioner | ||
is able to demonstrate that no alternative means
of | ||
transportation is reasonably available and that the petitioner | ||
will not endanger
the public safety or welfare; provided that | ||
the Secretary's discretion shall be
limited to cases where | ||
undue hardship, as defined by the rules of the Secretary of | ||
State, would result from a failure to issue the
restricted | ||
driving permit. Those multiple offenders identified in | ||
subdivision (b)4 of Section 6-208 of this Code, however, shall | ||
not be eligible for the issuance of a restricted driving | ||
permit.
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(2) If a person's license or permit is 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, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
where the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, 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.
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(3) If:
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(A) a person's license or permit is revoked or | ||
suspended 2 or more
times within a 10 year period due | ||
to any combination of: | ||
(i)
a single conviction of violating Section
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11-501 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 or the | ||
Criminal Code of 2012, where the use of alcohol or | ||
other drugs is recited as an element of the | ||
offense, or a similar out-of-state offense; or | ||
(ii)
a statutory summary suspension or | ||
revocation under Section
11-501.1; or | ||
(iii)
a suspension pursuant to Section | ||
6-203.1;
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arising out of
separate occurrences; or | ||
(B)
a person has been convicted of one violation of | ||
Section 6-303 of this Code committed while his or her | ||
driver's license, permit, or privilege was revoked | ||
because of a violation of Section 9-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, relating to | ||
the offense of reckless homicide where the use of | ||
alcohol or other drugs was recited as an element of the | ||
offense, or a similar provision of a law of another | ||
state;
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that person, if issued a restricted
driving permit, may not | ||
operate a vehicle unless it has been equipped with an
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ignition interlock device as defined in Section 1-129.1. | ||
(4)
The person issued a permit conditioned on the use | ||
of an ignition interlock device must pay to the Secretary | ||
of State DUI Administration Fund an amount
not to exceed | ||
$30 per month. The Secretary shall establish by rule the | ||
amount
and the procedures, terms, and conditions relating | ||
to these fees. | ||
(5)
If the restricted driving permit is issued for | ||
employment purposes, then
the prohibition against | ||
operating a motor vehicle that is not equipped with an | ||
ignition interlock device does not apply to the operation | ||
of an occupational vehicle
owned or leased by that person's | ||
employer when used solely for employment purposes. | ||
(6)
In each case the Secretary of State may issue a
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restricted driving permit for a period he deems | ||
appropriate, except that the
permit 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
or | ||
any similar out-of-state offense, or Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, where | ||
the use of alcohol or other drugs is recited as an element | ||
of the offense, or any similar out-of-state offense, or any | ||
combination of these 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 petitioner 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. However, if an individual's driving | ||
privileges have been
revoked in accordance with paragraph | ||
13 of subsection (a) of this Section, no
restricted driving | ||
permit shall be issued until the individual has served 6
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months of the revocation period.
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(c-5) (Blank).
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(c-6) If a person is convicted of a second violation of | ||
operating a motor vehicle while the person's driver's license, | ||
permit or privilege was revoked, where the revocation was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 relating to the offense of reckless | ||
homicide or a similar out-of-state offense, the person's | ||
driving privileges shall be revoked pursuant to subdivision | ||
(a)(15) of this Section. The person may not make application | ||
for a license or permit until the expiration of five years from | ||
the effective date of the revocation or the expiration of five | ||
years from the date of release from a term of imprisonment, | ||
whichever is later. | ||
(c-7) If a person is convicted of a third or subsequent | ||
violation of operating a motor vehicle while the person's | ||
driver's license, permit or privilege was revoked, where the | ||
revocation was for a violation of Section 9-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 relating to the | ||
offense of reckless homicide or a similar out-of-state offense, | ||
the person may never apply for a license or permit. | ||
(d)(1) Whenever a person under the age of 21 is convicted | ||
under Section
11-501 of this Code or a similar provision of a | ||
local ordinance or a similar out-of-state offense, the
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Secretary of State shall revoke the driving privileges of that | ||
person. One
year after the date of revocation, and upon | ||
application, the Secretary of
State may, if satisfied that the | ||
person applying will not endanger the
public safety or welfare, | ||
issue a restricted driving permit granting the
privilege of | ||
driving a motor vehicle only between the hours of 5 a.m. and 9
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p.m. or as otherwise provided by this Section for a period of | ||
one year.
After this one year period, and upon reapplication | ||
for a license as
provided in Section 6-106, upon payment of the | ||
appropriate reinstatement
fee provided under paragraph (b) of | ||
Section 6-118, the Secretary of State,
in his discretion, may
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reinstate the petitioner's driver's license and driving | ||
privileges, or extend the restricted driving permit as many | ||
times as the
Secretary of State deems appropriate, by | ||
additional periods of not more than
12 months each.
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(2) If a person's license or permit is 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, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
where the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, 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.
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(3) If a person's license or permit is revoked or | ||
suspended 2 or more times
within a 10 year period due to | ||
any combination of: | ||
(A) 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, or | ||
Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, where the use of alcohol or | ||
other drugs is recited as an element of the offense, or | ||
a similar out-of-state offense; or | ||
(B)
a statutory summary suspension or revocation | ||
under Section 11-501.1; or | ||
(C) a suspension pursuant to Section 6-203.1; | ||
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. | ||
(4)
The person issued a permit conditioned upon the use | ||
of an interlock device must pay to the Secretary of State | ||
DUI Administration Fund an amount
not to exceed $30 per | ||
month. The Secretary shall establish by rule the amount
and | ||
the procedures, terms, and conditions relating to these | ||
fees. | ||
(5)
If the restricted driving permit is issued for | ||
employment purposes, then
the prohibition against driving | ||
a vehicle that is not equipped with an ignition interlock | ||
device does not apply to the operation of an occupational | ||
vehicle
owned or leased by that person's employer when used | ||
solely for employment purposes. | ||
(6) 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
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cancellation of a restricted driving permit.
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(d-5) The revocation of the license, permit, or driving | ||
privileges of a person convicted of a third or subsequent | ||
violation of Section 6-303 of this Code committed while his or | ||
her driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, relating to the offense of reckless | ||
homicide, or a similar provision of a law of another state, is | ||
permanent. The Secretary may not, at any time, issue a license | ||
or permit to that person.
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(e) This Section is subject to the provisions of the Driver | ||
License
Compact.
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(f) Any revocation imposed upon any person under | ||
subsections 2
and 3 of paragraph (b) that is in effect on | ||
December 31, 1988 shall be
converted to a suspension for a like | ||
period of time.
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(g) 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 revoked
under any provisions of | ||
this Code.
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(h) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by a person | ||
who has been convicted of a
second or subsequent offense under | ||
Section 11-501 of this Code or a similar
provision of a local | ||
ordinance. The person must pay to the Secretary of State DUI | ||
Administration Fund an amount not to exceed $30 for each month | ||
that he or she uses the device. The Secretary shall establish | ||
by rule and
regulation the procedures for certification and use | ||
of the interlock
system, the amount of the fee, and the | ||
procedures, terms, and conditions relating to these fees.
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(i) (Blank).
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(j) In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been revoked, suspended, | ||
cancelled, or disqualified under any provisions of this Code.
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(k) The Secretary of State shall notify by mail any person | ||
whose driving privileges have been revoked under paragraph 16 | ||
of subsection (a) of this Section that his or her driving | ||
privileges and driver's license will be revoked 90 days from | ||
the date of the mailing of the notice. | ||
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||
7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | ||
1-1-13; 97-1150, eff. 1-25-13.)
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