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91_HB0286eng HB0286 Engrossed LRB9100267KSgcA 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 6-206. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 6-206 as follows: 7 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 8 Sec. 6-206. Discretionary authority to suspend or revoke 9 license or permit; Right to a hearing. 10 (a) The Secretary of State is authorized to suspend or 11 revoke the driving privileges of any person without 12 preliminary hearing upon a showing of the person's records or 13 other sufficient evidence that the person: 14 1. Has committed an offense for which mandatory 15 revocation of a driver's license or permit is required 16 upon conviction; 17 2. Has been convicted of not less than 3 offenses 18 against traffic regulations governing the movement of 19 vehicles committed within any 12 month period. No 20 revocation or suspension shall be entered more than 6 21 months after the date of last conviction; 22 3. Has been repeatedly involved as a driver in 23 motor vehicle collisions or has been repeatedly convicted 24 of offenses against laws and ordinances regulating the 25 movement of traffic, to a degree that indicates lack of 26 ability to exercise ordinary and reasonable care in the 27 safe operation of a motor vehicle or disrespect for the 28 traffic laws and the safety of other persons upon the 29 highway; 30 4. Has by the unlawful operation of a motor vehicle 31 caused or contributed to an accident resulting in death HB0286 Engrossed -2- LRB9100267KSgcA 1 or injury requiring immediate professional treatment in a 2 medical facility or doctor's office to any person, except 3 that any suspension or revocation imposed by the 4 Secretary of State under the provisions of this 5 subsection shall start no later than 6 months after being 6 convicted of violating a law or ordinance regulating the 7 movement of traffic, which violation is related to the 8 accident, or shall start not more than one year after the 9 date of the accident, whichever date occurs later; 10 5. Has permitted an unlawful or fraudulent use of a 11 driver's license, identification card, or permit; 12 6. Has been lawfully convicted of an offense or 13 offenses in another state, including the authorization 14 contained in Section 6-203.1, which if committed within 15 this State would be grounds for suspension or revocation; 16 7. Has refused or failed to submit to an 17 examination provided for by Section 6-207 or has failed 18 to pass the examination; 19 8. Is ineligible for a driver's license or permit 20 under the provisions of Section 6-103; 21 9. Has made a false statement or knowingly 22 concealed a material fact or has used false information 23 or identification in any application for a license, 24 identification card, or permit; 25 10. Has possessed, displayed, or attempted to 26 fraudulently use any license, identification card, or 27 permit not issued to the person; 28 11. Has operated a motor vehicle upon a highway of 29 this State when the person's driving privilege or 30 privilege to obtain a driver's license or permit was 31 revoked or suspended unless the operation was authorized 32 by a judicial driving permit, probationary license to 33 drive, or a restricted driving permit issued under this 34 Code; HB0286 Engrossed -3- LRB9100267KSgcA 1 12. Has submitted to any portion of the application 2 process for another person or has obtained the services 3 of another person to submit to any portion of the 4 application process for the purpose of obtaining a 5 license, identification card, or permit for some other 6 person; 7 13. Has operated a motor vehicle upon a highway of 8 this State when the person's driver's license or permit 9 was invalid under the provisions of Sections 6-107.1 and 10 6-110; 11 14. Has committed a violation of Section 6-301, 12 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 13 14B of the Illinois Identification Card Act; 14 15. Has been convicted of violating Section 21-2 of 15 the Criminal Code of 1961 relating to criminal trespass 16 to vehicles in which case, the suspension shall be for 17 one year; 18 16. Has been convicted of violating Section 11-204 19 of this Code relating to fleeing from a police officer; 20 17. Has refused to submit to a test, or tests, as 21 required under Section 11-501.1 of this Code and the 22 person has not sought a hearing as provided for in 23 Section 11-501.1; 24 18. Has, since issuance of a driver's license or 25 permit, been adjudged to be afflicted with or suffering 26 from any mental disability or disease; 27 19. Has committed a violation of paragraph (a) or 28 (b) of Section 6-101 relating to driving without a 29 driver's license; 30 20. Has been convicted of violating Section 6-104 31 relating to classification of driver's license; 32 21. Has been convicted of violating Section 11-402 33 of this Code relating to leaving the scene of an accident 34 resulting in damage to a vehicle in excess of $1,000, in HB0286 Engrossed -4- LRB9100267KSgcA 1 which case the suspension shall be for one year; 2 22. Has used a motor vehicle in violating paragraph 3 (3), (4), (7), or (9) of subsection (a) of Section 24-1 4 of the Criminal Code of 1961 relating to unlawful use of 5 weapons, in which case the suspension shall be for one 6 year; 7 23. Has, as a driver, been convicted of committing 8 a violation of paragraph (a) of Section 11-502 of this 9 Code for a second or subsequent time within one year of a 10 similar violation; 11 24. Has been convicted by a court-martial or 12 punished by non-judicial punishment by military 13 authorities of the United States at a military 14 installation in Illinois of or for a traffic related 15 offense that is the same as or similar to an offense 16 specified under Section 6-205 or 6-206 of this Code; 17 25. Has permitted any form of identification to be 18 used by another in the application process in order to 19 obtain or attempt to obtain a license, identification 20 card, or permit; 21 26. Has altered or attempted to alter a license or 22 has possessed an altered license, identification card, or 23 permit; 24 27. Has violated Section 6-16 of the Liquor Control 25 Act of 1934; 26 28. Has been convicted of the illegal possession, 27 while operating or in actual physical control, as a 28 driver, of a motor vehicle, of any controlled substance 29 prohibited under the Illinois Controlled Substances Act 30 or any cannabis prohibited under the provisions of the 31 Cannabis Control Act, in which case the person's driving 32 privileges shall be suspended for one year, and any 33 driver who is convicted of a second or subsequent 34 offense, within 5 years of a previous conviction, for the HB0286 Engrossed -5- LRB9100267KSgcA 1 illegal possession, while operating or in actual physical 2 control, as a driver, of a motor vehicle, of any 3 controlled substance prohibited under the provisions of 4 the Illinois Controlled Substances Act or any cannabis 5 prohibited under the Cannabis Control Act shall be 6 suspended for 5 years. Any defendant found guilty of this 7 offense while operating a motor vehicle, shall have an 8 entry made in the court record by the presiding judge 9 that this offense did occur while the defendant was 10 operating a motor vehicle and order the clerk of the 11 court to report the violation to the Secretary of State; 12 29. Has been convicted of the following offenses 13 that were committed while the person was operating or in 14 actual physical control, as a driver, of a motor vehicle: 15 criminal sexual assault, predatory criminal sexual 16 assault of a child, aggravated criminal sexual assault, 17 criminal sexual abuse, aggravated criminal sexual abuse, 18 juvenile pimping, soliciting for a juvenile prostitute 19 and the manufacture, sale or delivery of controlled 20 substances or instruments used for illegal drug use or 21 abuse in which case the driver's driving privileges shall 22 be suspended for one year; 23 30. Has been convicted a second or subsequent time 24 for any combination of the offenses named in paragraph 29 25 of this subsection, in which case the person's driving 26 privileges shall be suspended for 5 years; 27 31. Has refused to submit to a test as required by 28 Section 11-501.6 or has submitted to a test resulting in 29 an alcohol concentration of 0.08 or more or any amount of 30 a drug, substance, or compound resulting from the 31 unlawful use or consumption of cannabis as listed in the 32 Cannabis Control Act or a controlled substance as listed 33 in the Illinois Controlled Substances Act in which case 34 the penalty shall be as prescribed in Section 6-208.1; HB0286 Engrossed -6- LRB9100267KSgcA 1 32. Has been convicted of Section 24-1.2 of the 2 Criminal Code of 1961 relating to the aggravated 3 discharge of a firearm if the offender was located in a 4 motor vehicle at the time the firearm was discharged, in 5 which case the suspension shall be for 3 years; 6 33. Has as a driver, who was less than 21 years of 7 age on the date of the offense, been convicted a first 8 time of a violation of paragraph (a) of Section 11-502 of 9 this Code or a similar provision of a local ordinance; 10 34. Has committed a violation of Section 11-1301.5 11 of this Code; 12 35. Has committed a violation of Section 11-1301.6 13 of this Code;or14 36. Is under the age of 21 years at the time of 15 arrest and has been convicted of not less than 2 16 offenses against traffic regulations governing the 17 movement of vehicles committed within any 24 month 18 period. No revocation or suspension shall be entered 19 more than 6 months after the date of last conviction; or 20.21 37. Has, as a student in a school subject to the 22 School Code, violated a Section of Article 12 or Article 23 24 of the Criminal Code of 1961 in school, after the 24 regional superintendent of schools has certified to the 25 Secretary of State that the student violated one of these 26 Sections, in which case the student's driving privileges 27 shall be suspended for 6 months. 28 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 29 and 27 of this subsection, license means any driver's 30 license, any traffic ticket issued when the person's driver's 31 license is deposited in lieu of bail, a suspension notice 32 issued by the Secretary of State, a duplicate or corrected 33 driver's license, a probationary driver's license or a 34 temporary driver's license. HB0286 Engrossed -7- LRB9100267KSgcA 1 (b) If any conviction forming the basis of a suspension 2 or revocation authorized under this Section is appealed, the 3 Secretary of State may rescind or withhold the entry of the 4 order of suspension or revocation, as the case may be, 5 provided that a certified copy of a stay order of a court is 6 filed with the Secretary of State. If the conviction is 7 affirmed on appeal, the date of the conviction shall relate 8 back to the time the original judgment of conviction was 9 entered and the 6 month limitation prescribed shall not 10 apply. 11 (c) 1. Upon suspending or revoking the driver's license 12 or permit of any person as authorized in this Section, 13 the Secretary of State shall immediately notify the 14 person in writing of the revocation or suspension. The 15 notice to be deposited in the United States mail, postage 16 prepaid, to the last known address of the person. 17 2. If the Secretary of State suspends the driver's 18 license of a person under subsection 2 of paragraph (a) 19 of this Section, a person's privilege to operate a 20 vehicle as an occupation shall not be suspended, provided 21 an affidavit is properly completed, the appropriate fee 22 received, and a permit issued prior to the effective date 23 of the suspension, unless 5 offenses were committed, at 24 least 2 of which occurred while operating a commercial 25 vehicle in connection with the driver's regular 26 occupation. All other driving privileges shall be 27 suspended by the Secretary of State. Any driver prior to 28 operating a vehicle for occupational purposes only must 29 submit the affidavit on forms to be provided by the 30 Secretary of State setting forth the facts of the 31 person's occupation. The affidavit shall also state the 32 number of offenses committed while operating a vehicle in 33 connection with the driver's regular occupation. The 34 affidavit shall be accompanied by the driver's license. HB0286 Engrossed -8- LRB9100267KSgcA 1 Upon receipt of a properly completed affidavit, the 2 Secretary of State shall issue the driver a permit to 3 operate a vehicle in connection with the driver's regular 4 occupation only. Unless the permit is issued by the 5 Secretary of State prior to the date of suspension, the 6 privilege to drive any motor vehicle shall be suspended 7 as set forth in the notice that was mailed under this 8 Section. If an affidavit is received subsequent to the 9 effective date of this suspension, a permit may be issued 10 for the remainder of the suspension period. 11 The provisions of this subparagraph shall not apply 12 to any driver required to obtain a commercial driver's 13 license under Section 6-507 during the period of a 14 disqualification of commercial driving privileges under 15 Section 6-514. 16 Any person who falsely states any fact in the 17 affidavit required herein shall be guilty of perjury 18 under Section 6-302 and upon conviction thereof shall 19 have all driving privileges revoked without further 20 rights. 21 3. At the conclusion of a hearing under Section 22 2-118 of this Code, the Secretary of State shall either 23 rescind or continue an order of revocation or shall 24 substitute an order of suspension; or, good cause 25 appearing therefor, rescind, continue, change, or extend 26 the order of suspension. If the Secretary of State does 27 not rescind the order, the Secretary may upon 28 application, to relieve undue hardship, issue a 29 restricted driving permit granting the privilege of 30 driving a motor vehicle between the petitioner's 31 residence and petitioner's place of employment or within 32 the scope of his employment related duties, or to allow 33 transportation for the petitioner, or a household member 34 of the petitioner's family, to receive necessary medical HB0286 Engrossed -9- LRB9100267KSgcA 1 care and if the professional evaluation indicates, 2 provide transportation for alcohol remedial or 3 rehabilitative activity, or for the petitioner to attend 4 classes, as a student, in an accredited educational 5 institution; if the petitioner is able to demonstrate 6 that no alternative means of transportation is reasonably 7 available and the petitioner will not endanger the public 8 safety or welfare. In each case the Secretary may issue a 9 restricted driving permit for a period deemed 10 appropriate, except that all permits shall expire within 11 one year from the date of issuance. A restricted driving 12 permit issued under this Section shall be subject to 13 cancellation, revocation, and suspension by the Secretary 14 of State in like manner and for like cause as a driver's 15 license issued under this Code may be cancelled, revoked, 16 or suspended; except that a conviction upon one or more 17 offenses against laws or ordinances regulating the 18 movement of traffic shall be deemed sufficient cause for 19 the revocation, suspension, or cancellation of a 20 restricted driving permit. The Secretary of State may, as 21 a condition to the issuance of a restricted driving 22 permit, require the applicant to participate in a 23 designated driver remedial or rehabilitative program. The 24 Secretary of State is authorized to cancel a restricted 25 driving permit if the permit holder does not successfully 26 complete the program. 27 (c-5) The Secretary of State may, as a condition of the 28 reissuance of a driver's license or permit to an applicant 29 under the age of 18 years whose driver's license or permit 30 has been suspended pursuant to any of the provisions of this 31 Section, require the applicant to participate in a driver 32 remedial education course and be retested under Section 6-109 33 of this Code. 34 (d) This Section is subject to the provisions of the HB0286 Engrossed -10- LRB9100267KSgcA 1 Drivers License Compact. 2 (e) The Secretary of State shall not issue a restricted 3 driving permit to a person under the age of 16 years whose 4 driving privileges have been suspended or revoked under any 5 provisions of this Code. 6 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; 7 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 8 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)