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92_SB1514enr SB1514 Enrolled LRB9208234ARsb 1 AN ACT in relation to the operation of motor vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Section 6-206 and adding Section 11-1429 as follows: 6 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) 7 Sec. 6-206. Discretionary authority to suspend or revoke 8 license or permit; Right to a hearing. 9 (a) The Secretary of State is authorized to suspend or 10 revoke the driving privileges of any person without 11 preliminary hearing upon a showing of the person's records or 12 other sufficient evidence that the person: 13 1. Has committed an offense for which mandatory 14 revocation of a driver's license or permit is required 15 upon conviction; 16 2. Has been convicted of not less than 3 offenses 17 against traffic regulations governing the movement of 18 vehicles committed within any 12 month period. No 19 revocation or suspension shall be entered more than 6 20 months after the date of last conviction; 21 3. Has been repeatedly involved as a driver in 22 motor vehicle collisions or has been repeatedly convicted 23 of offenses against laws and ordinances regulating the 24 movement of traffic, to a degree that indicates lack of 25 ability to exercise ordinary and reasonable care in the 26 safe operation of a motor vehicle or disrespect for the 27 traffic laws and the safety of other persons upon the 28 highway; 29 4. Has by the unlawful operation of a motor vehicle 30 caused or contributed to an accident resulting in death 31 or injury requiring immediate professional treatment in a SB1514 Enrolled -2- LRB9208234ARsb 1 medical facility or doctor's office to any person, except 2 that any suspension or revocation imposed by the 3 Secretary of State under the provisions of this 4 subsection shall start no later than 6 months after being 5 convicted of violating a law or ordinance regulating the 6 movement of traffic, which violation is related to the 7 accident, or shall start not more than one year after the 8 date of the accident, whichever date occurs later; 9 5. Has permitted an unlawful or fraudulent use of a 10 driver's license, identification card, or permit; 11 6. Has been lawfully convicted of an offense or 12 offenses in another state, including the authorization 13 contained in Section 6-203.1, which if committed within 14 this State would be grounds for suspension or revocation; 15 7. Has refused or failed to submit to an 16 examination provided for by Section 6-207 or has failed 17 to pass the examination; 18 8. Is ineligible for a driver's license or permit 19 under the provisions of Section 6-103; 20 9. Has made a false statement or knowingly 21 concealed a material fact or has used false information 22 or identification in any application for a license, 23 identification card, or permit; 24 10. Has possessed, displayed, or attempted to 25 fraudulently use any license, identification card, or 26 permit not issued to the person; 27 11. Has operated a motor vehicle upon a highway of 28 this State when the person's driving privilege or 29 privilege to obtain a driver's license or permit was 30 revoked or suspended unless the operation was authorized 31 by a judicial driving permit, probationary license to 32 drive, or a restricted driving permit issued under this 33 Code; 34 12. Has submitted to any portion of the application SB1514 Enrolled -3- LRB9208234ARsb 1 process for another person or has obtained the services 2 of another person to submit to any portion of the 3 application process for the purpose of obtaining a 4 license, identification card, or permit for some other 5 person; 6 13. Has operated a motor vehicle upon a highway of 7 this State when the person's driver's license or permit 8 was invalid under the provisions of Sections 6-107.1 and 9 6-110; 10 14. Has committed a violation of Section 6-301, 11 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 12 14B of the Illinois Identification Card Act; 13 15. Has been convicted of violating Section 21-2 of 14 the Criminal Code of 1961 relating to criminal trespass 15 to vehicles in which case, the suspension shall be for 16 one year; 17 16. Has been convicted of violating Section 11-204 18 of this Code relating to fleeing from a police officer; 19 17. Has refused to submit to a test, or tests, as 20 required under Section 11-501.1 of this Code and the 21 person has not sought a hearing as provided for in 22 Section 11-501.1; 23 18. Has, since issuance of a driver's license or 24 permit, been adjudged to be afflicted with or suffering 25 from any mental disability or disease; 26 19. Has committed a violation of paragraph (a) or 27 (b) of Section 6-101 relating to driving without a 28 driver's license; 29 20. Has been convicted of violating Section 6-104 30 relating to classification of driver's license; 31 21. Has been convicted of violating Section 11-402 32 of this Code relating to leaving the scene of an accident 33 resulting in damage to a vehicle in excess of $1,000, in 34 which case the suspension shall be for one year; SB1514 Enrolled -4- LRB9208234ARsb 1 22. Has used a motor vehicle in violating paragraph 2 (3), (4), (7), or (9) of subsection (a) of Section 24-1 3 of the Criminal Code of 1961 relating to unlawful use of 4 weapons, in which case the suspension shall be for one 5 year; 6 23. Has, as a driver, been convicted of committing 7 a violation of paragraph (a) of Section 11-502 of this 8 Code for a second or subsequent time within one year of a 9 similar violation; 10 24. Has been convicted by a court-martial or 11 punished by non-judicial punishment by military 12 authorities of the United States at a military 13 installation in Illinois of or for a traffic related 14 offense that is the same as or similar to an offense 15 specified under Section 6-205 or 6-206 of this Code; 16 25. Has permitted any form of identification to be 17 used by another in the application process in order to 18 obtain or attempt to obtain a license, identification 19 card, or permit; 20 26. Has altered or attempted to alter a license or 21 has possessed an altered license, identification card, or 22 permit; 23 27. Has violated Section 6-16 of the Liquor Control 24 Act of 1934; 25 28. Has been convicted of the illegal possession, 26 while operating or in actual physical control, as a 27 driver, of a motor vehicle, of any controlled substance 28 prohibited under the Illinois Controlled Substances Act 29 or any cannabis prohibited under the provisions of the 30 Cannabis Control Act, in which case the person's driving 31 privileges shall be suspended for one year, and any 32 driver who is convicted of a second or subsequent 33 offense, within 5 years of a previous conviction, for the 34 illegal possession, while operating or in actual physical SB1514 Enrolled -5- LRB9208234ARsb 1 control, as a driver, of a motor vehicle, of any 2 controlled substance prohibited under the provisions of 3 the Illinois Controlled Substances Act or any cannabis 4 prohibited under the Cannabis Control Act shall be 5 suspended for 5 years. Any defendant found guilty of this 6 offense while operating a motor vehicle, shall have an 7 entry made in the court record by the presiding judge 8 that this offense did occur while the defendant was 9 operating a motor vehicle and order the clerk of the 10 court to report the violation to the Secretary of State; 11 29. Has been convicted of the following offenses 12 that were committed while the person was operating or in 13 actual physical control, as a driver, of a motor vehicle: 14 criminal sexual assault, predatory criminal sexual 15 assault of a child, aggravated criminal sexual assault, 16 criminal sexual abuse, aggravated criminal sexual abuse, 17 juvenile pimping, soliciting for a juvenile prostitute 18 and the manufacture, sale or delivery of controlled 19 substances or instruments used for illegal drug use or 20 abuse in which case the driver's driving privileges shall 21 be suspended for one year; 22 30. Has been convicted a second or subsequent time 23 for any combination of the offenses named in paragraph 29 24 of this subsection, in which case the person's driving 25 privileges shall be suspended for 5 years; 26 31. Has refused to submit to a test as required by 27 Section 11-501.6 or has submitted to a test resulting in 28 an alcohol concentration of 0.08 or more or any amount of 29 a drug, substance, or compound resulting from the 30 unlawful use or consumption of cannabis as listed in the 31 Cannabis Control Act or a controlled substance as listed 32 in the Illinois Controlled Substances Act in which case 33 the penalty shall be as prescribed in Section 6-208.1; 34 32. Has been convicted of Section 24-1.2 of the SB1514 Enrolled -6- LRB9208234ARsb 1 Criminal Code of 1961 relating to the aggravated 2 discharge of a firearm if the offender was located in a 3 motor vehicle at the time the firearm was discharged, in 4 which case the suspension shall be for 3 years; 5 33. Has as a driver, who was less than 21 years of 6 age on the date of the offense, been convicted a first 7 time of a violation of paragraph (a) of Section 11-502 of 8 this Code or a similar provision of a local ordinance; 9 34. Has committed a violation of Section 11-1301.5 10 of this Code; 11 35. Has committed a violation of Section 11-1301.6 12 of this Code;or13 36. Is under the age of 21 years at the time of 14 arrest and has been convicted of not less than 2 15 offenses against traffic regulations governing the 16 movement of vehicles committed within any 24 month 17 period. No revocation or suspension shall be entered 18 more than 6 months after the date of last conviction; 19 or.20 37. Has committed a second or subsequent violation 21 of Section 11-1429 of this Code. 22 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 23 and 27 of this subsection, license means any driver's 24 license, any traffic ticket issued when the person's driver's 25 license is deposited in lieu of bail, a suspension notice 26 issued by the Secretary of State, a duplicate or corrected 27 driver's license, a probationary driver's license or a 28 temporary driver's license. 29 (b) If any conviction forming the basis of a suspension 30 or revocation authorized under this Section is appealed, the 31 Secretary of State may rescind or withhold the entry of the 32 order of suspension or revocation, as the case may be, 33 provided that a certified copy of a stay order of a court is 34 filed with the Secretary of State. If the conviction is SB1514 Enrolled -7- LRB9208234ARsb 1 affirmed on appeal, the date of the conviction shall relate 2 back to the time the original judgment of conviction was 3 entered and the 6 month limitation prescribed shall not 4 apply. 5 (c) 1. Upon suspending or revoking the driver's license 6 or permit of any person as authorized in this Section, 7 the Secretary of State shall immediately notify the 8 person in writing of the revocation or suspension. The 9 notice to be deposited in the United States mail, postage 10 prepaid, to the last known address of the person. 11 2. If the Secretary of State suspends the driver's 12 license of a person under subsection 2 of paragraph (a) 13 of this Section, a person's privilege to operate a 14 vehicle as an occupation shall not be suspended, provided 15 an affidavit is properly completed, the appropriate fee 16 received, and a permit issued prior to the effective date 17 of the suspension, unless 5 offenses were committed, at 18 least 2 of which occurred while operating a commercial 19 vehicle in connection with the driver's regular 20 occupation. All other driving privileges shall be 21 suspended by the Secretary of State. Any driver prior to 22 operating a vehicle for occupational purposes only must 23 submit the affidavit on forms to be provided by the 24 Secretary of State setting forth the facts of the 25 person's occupation. The affidavit shall also state the 26 number of offenses committed while operating a vehicle in 27 connection with the driver's regular occupation. The 28 affidavit shall be accompanied by the driver's license. 29 Upon receipt of a properly completed affidavit, the 30 Secretary of State shall issue the driver a permit to 31 operate a vehicle in connection with the driver's regular 32 occupation only. Unless the permit is issued by the 33 Secretary of State prior to the date of suspension, the 34 privilege to drive any motor vehicle shall be suspended SB1514 Enrolled -8- LRB9208234ARsb 1 as set forth in the notice that was mailed under this 2 Section. If an affidavit is received subsequent to the 3 effective date of this suspension, a permit may be issued 4 for the remainder of the suspension period. 5 The provisions of this subparagraph shall not apply 6 to any driver required to obtain a commercial driver's 7 license under Section 6-507 during the period of a 8 disqualification of commercial driving privileges under 9 Section 6-514. 10 Any person who falsely states any fact in the 11 affidavit required herein shall be guilty of perjury 12 under Section 6-302 and upon conviction thereof shall 13 have all driving privileges revoked without further 14 rights. 15 3. At the conclusion of a hearing under Section 16 2-118 of this Code, the Secretary of State shall either 17 rescind or continue an order of revocation or shall 18 substitute an order of suspension; or, good cause 19 appearing therefor, rescind, continue, change, or extend 20 the order of suspension. If the Secretary of State does 21 not rescind the order, the Secretary may upon 22 application, to relieve undue hardship, issue a 23 restricted driving permit granting the privilege of 24 driving a motor vehicle between the petitioner's 25 residence and petitioner's place of employment or within 26 the scope of his employment related duties, or to allow 27 transportation for the petitioner, or a household member 28 of the petitioner's family, to receive necessary medical 29 care and if the professional evaluation indicates, 30 provide transportation for alcohol remedial or 31 rehabilitative activity, or for the petitioner to attend 32 classes, as a student, in an accredited educational 33 institution; if the petitioner is able to demonstrate 34 that no alternative means of transportation is reasonably SB1514 Enrolled -9- LRB9208234ARsb 1 available and the petitioner will not endanger the public 2 safety or welfare. In each case the Secretary may issue a 3 restricted driving permit for a period deemed 4 appropriate, except that all permits shall expire within 5 one year from the date of issuance. A restricted driving 6 permit issued under this Section shall be subject to 7 cancellation, revocation, and suspension by the Secretary 8 of State in like manner and for like cause as a driver's 9 license issued under this Code may be cancelled, revoked, 10 or suspended; except that a conviction upon one or more 11 offenses against laws or ordinances regulating the 12 movement of traffic shall be deemed sufficient cause for 13 the revocation, suspension, or cancellation of a 14 restricted driving permit. The Secretary of State may, as 15 a condition to the issuance of a restricted driving 16 permit, require the applicant to participate in a 17 designated driver remedial or rehabilitative program. The 18 Secretary of State is authorized to cancel a restricted 19 driving permit if the permit holder does not successfully 20 complete the program. 21 (c-5) The Secretary of State may, as a condition of the 22 reissuance of a driver's license or permit to an applicant 23 under the age of 18 years whose driver's license or permit 24 has been suspended pursuant to any of the provisions of this 25 Section, require the applicant to participate in a driver 26 remedial education course and be retested under Section 6-109 27 of this Code. 28 (d) This Section is subject to the provisions of the 29 Drivers License Compact. 30 (e) The Secretary of State shall not issue a restricted 31 driving permit to a person under the age of 16 years whose 32 driving privileges have been suspended or revoked under any 33 provisions of this Code. 34 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95; SB1514 Enrolled -10- LRB9208234ARsb 1 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff. 2 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.) 3 (625 ILCS 5/11-1429 new) 4 Sec. 11-1429. Theft of motor fuel. 5 (a) No person may knowingly operate a vehicle so as to 6 cause it to leave the premises of an establishment at which 7 motor fuel offered for retail sale was dispensed into the 8 fuel tank of the vehicle unless that person or some other 9 person has paid for or charged the price of the dispensed 10 motor fuel. 11 (b) Violation of this Section is a Class A misdemeanor 12 punishable by a minimum fine of $250 or 30 hours of community 13 service. 14 (c) A second violation of this Section shall cause the 15 person's driver's license to be suspended for 6 months. A 16 third or subsequent violation of this Section shall result in 17 a one-year suspension.