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92_SB1514ham001
LRB9208234ARcdam
1 AMENDMENT TO SENATE BILL 1514
2 AMENDMENT NO. . Amend Senate Bill 1514 as follows:
3 by replacing the title with the following:
4 "AN ACT in relation to the operation of motor vehicles.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Section 6-206 and adding Section 11-1429 as follows:
10 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
11 Sec. 6-206. Discretionary authority to suspend or revoke
12 license or permit; Right to a hearing.
13 (a) The Secretary of State is authorized to suspend or
14 revoke the driving privileges of any person without
15 preliminary hearing upon a showing of the person's records or
16 other sufficient evidence that the person:
17 1. Has committed an offense for which mandatory
18 revocation of a driver's license or permit is required
19 upon conviction;
20 2. Has been convicted of not less than 3 offenses
21 against traffic regulations governing the movement of
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1 vehicles committed within any 12 month period. No
2 revocation or suspension shall be entered more than 6
3 months after the date of last conviction;
4 3. Has been repeatedly involved as a driver in
5 motor vehicle collisions or has been repeatedly convicted
6 of offenses against laws and ordinances regulating the
7 movement of traffic, to a degree that indicates lack of
8 ability to exercise ordinary and reasonable care in the
9 safe operation of a motor vehicle or disrespect for the
10 traffic laws and the safety of other persons upon the
11 highway;
12 4. Has by the unlawful operation of a motor vehicle
13 caused or contributed to an accident resulting in death
14 or injury requiring immediate professional treatment in a
15 medical facility or doctor's office to any person, except
16 that any suspension or revocation imposed by the
17 Secretary of State under the provisions of this
18 subsection shall start no later than 6 months after being
19 convicted of violating a law or ordinance regulating the
20 movement of traffic, which violation is related to the
21 accident, or shall start not more than one year after the
22 date of the accident, whichever date occurs later;
23 5. Has permitted an unlawful or fraudulent use of a
24 driver's license, identification card, or permit;
25 6. Has been lawfully convicted of an offense or
26 offenses in another state, including the authorization
27 contained in Section 6-203.1, which if committed within
28 this State would be grounds for suspension or revocation;
29 7. Has refused or failed to submit to an
30 examination provided for by Section 6-207 or has failed
31 to pass the examination;
32 8. Is ineligible for a driver's license or permit
33 under the provisions of Section 6-103;
34 9. Has made a false statement or knowingly
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1 concealed a material fact or has used false information
2 or identification in any application for a license,
3 identification card, or permit;
4 10. Has possessed, displayed, or attempted to
5 fraudulently use any license, identification card, or
6 permit not issued to the person;
7 11. Has operated a motor vehicle upon a highway of
8 this State when the person's driving privilege or
9 privilege to obtain a driver's license or permit was
10 revoked or suspended unless the operation was authorized
11 by a judicial driving permit, probationary license to
12 drive, or a restricted driving permit issued under this
13 Code;
14 12. Has submitted to any portion of the application
15 process for another person or has obtained the services
16 of another person to submit to any portion of the
17 application process for the purpose of obtaining a
18 license, identification card, or permit for some other
19 person;
20 13. Has operated a motor vehicle upon a highway of
21 this State when the person's driver's license or permit
22 was invalid under the provisions of Sections 6-107.1 and
23 6-110;
24 14. Has committed a violation of Section 6-301,
25 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
26 14B of the Illinois Identification Card Act;
27 15. Has been convicted of violating Section 21-2 of
28 the Criminal Code of 1961 relating to criminal trespass
29 to vehicles in which case, the suspension shall be for
30 one year;
31 16. Has been convicted of violating Section 11-204
32 of this Code relating to fleeing from a police officer;
33 17. Has refused to submit to a test, or tests, as
34 required under Section 11-501.1 of this Code and the
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1 person has not sought a hearing as provided for in
2 Section 11-501.1;
3 18. Has, since issuance of a driver's license or
4 permit, been adjudged to be afflicted with or suffering
5 from any mental disability or disease;
6 19. Has committed a violation of paragraph (a) or
7 (b) of Section 6-101 relating to driving without a
8 driver's license;
9 20. Has been convicted of violating Section 6-104
10 relating to classification of driver's license;
11 21. Has been convicted of violating Section 11-402
12 of this Code relating to leaving the scene of an accident
13 resulting in damage to a vehicle in excess of $1,000, in
14 which case the suspension shall be for one year;
15 22. Has used a motor vehicle in violating paragraph
16 (3), (4), (7), or (9) of subsection (a) of Section 24-1
17 of the Criminal Code of 1961 relating to unlawful use of
18 weapons, in which case the suspension shall be for one
19 year;
20 23. Has, as a driver, been convicted of committing
21 a violation of paragraph (a) of Section 11-502 of this
22 Code for a second or subsequent time within one year of a
23 similar violation;
24 24. Has been convicted by a court-martial or
25 punished by non-judicial punishment by military
26 authorities of the United States at a military
27 installation in Illinois of or for a traffic related
28 offense that is the same as or similar to an offense
29 specified under Section 6-205 or 6-206 of this Code;
30 25. Has permitted any form of identification to be
31 used by another in the application process in order to
32 obtain or attempt to obtain a license, identification
33 card, or permit;
34 26. Has altered or attempted to alter a license or
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1 has possessed an altered license, identification card, or
2 permit;
3 27. Has violated Section 6-16 of the Liquor Control
4 Act of 1934;
5 28. Has been convicted of the illegal possession,
6 while operating or in actual physical control, as a
7 driver, of a motor vehicle, of any controlled substance
8 prohibited under the Illinois Controlled Substances Act
9 or any cannabis prohibited under the provisions of the
10 Cannabis Control Act, in which case the person's driving
11 privileges shall be suspended for one year, and any
12 driver who is convicted of a second or subsequent
13 offense, within 5 years of a previous conviction, for the
14 illegal possession, while operating or in actual physical
15 control, as a driver, of a motor vehicle, of any
16 controlled substance prohibited under the provisions of
17 the Illinois Controlled Substances Act or any cannabis
18 prohibited under the Cannabis Control Act shall be
19 suspended for 5 years. Any defendant found guilty of this
20 offense while operating a motor vehicle, shall have an
21 entry made in the court record by the presiding judge
22 that this offense did occur while the defendant was
23 operating a motor vehicle and order the clerk of the
24 court to report the violation to the Secretary of State;
25 29. Has been convicted of the following offenses
26 that were committed while the person was operating or in
27 actual physical control, as a driver, of a motor vehicle:
28 criminal sexual assault, predatory criminal sexual
29 assault of a child, aggravated criminal sexual assault,
30 criminal sexual abuse, aggravated criminal sexual abuse,
31 juvenile pimping, soliciting for a juvenile prostitute
32 and the manufacture, sale or delivery of controlled
33 substances or instruments used for illegal drug use or
34 abuse in which case the driver's driving privileges shall
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1 be suspended for one year;
2 30. Has been convicted a second or subsequent time
3 for any combination of the offenses named in paragraph 29
4 of this subsection, in which case the person's driving
5 privileges shall be suspended for 5 years;
6 31. Has refused to submit to a test as required by
7 Section 11-501.6 or has submitted to a test resulting in
8 an alcohol concentration of 0.08 or more or any amount of
9 a drug, substance, or compound resulting from the
10 unlawful use or consumption of cannabis as listed in the
11 Cannabis Control Act or a controlled substance as listed
12 in the Illinois Controlled Substances Act in which case
13 the penalty shall be as prescribed in Section 6-208.1;
14 32. Has been convicted of Section 24-1.2 of the
15 Criminal Code of 1961 relating to the aggravated
16 discharge of a firearm if the offender was located in a
17 motor vehicle at the time the firearm was discharged, in
18 which case the suspension shall be for 3 years;
19 33. Has as a driver, who was less than 21 years of
20 age on the date of the offense, been convicted a first
21 time of a violation of paragraph (a) of Section 11-502 of
22 this Code or a similar provision of a local ordinance;
23 34. Has committed a violation of Section 11-1301.5
24 of this Code;
25 35. Has committed a violation of Section 11-1301.6
26 of this Code; or
27 36. Is under the age of 21 years at the time of
28 arrest and has been convicted of not less than 2
29 offenses against traffic regulations governing the
30 movement of vehicles committed within any 24 month
31 period. No revocation or suspension shall be entered
32 more than 6 months after the date of last conviction;
33 or.
34 37. Has committed a second or subsequent violation
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1 of Section 11-1429 of this Code.
2 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
3 and 27 of this subsection, license means any driver's
4 license, any traffic ticket issued when the person's driver's
5 license is deposited in lieu of bail, a suspension notice
6 issued by the Secretary of State, a duplicate or corrected
7 driver's license, a probationary driver's license or a
8 temporary driver's license.
9 (b) If any conviction forming the basis of a suspension
10 or revocation authorized under this Section is appealed, the
11 Secretary of State may rescind or withhold the entry of the
12 order of suspension or revocation, as the case may be,
13 provided that a certified copy of a stay order of a court is
14 filed with the Secretary of State. If the conviction is
15 affirmed on appeal, the date of the conviction shall relate
16 back to the time the original judgment of conviction was
17 entered and the 6 month limitation prescribed shall not
18 apply.
19 (c) 1. Upon suspending or revoking the driver's license
20 or permit of any person as authorized in this Section,
21 the Secretary of State shall immediately notify the
22 person in writing of the revocation or suspension. The
23 notice to be deposited in the United States mail, postage
24 prepaid, to the last known address of the person.
25 2. If the Secretary of State suspends the driver's
26 license of a person under subsection 2 of paragraph (a)
27 of this Section, a person's privilege to operate a
28 vehicle as an occupation shall not be suspended, provided
29 an affidavit is properly completed, the appropriate fee
30 received, and a permit issued prior to the effective date
31 of the suspension, unless 5 offenses were committed, at
32 least 2 of which occurred while operating a commercial
33 vehicle in connection with the driver's regular
34 occupation. All other driving privileges shall be
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1 suspended by the Secretary of State. Any driver prior to
2 operating a vehicle for occupational purposes only must
3 submit the affidavit on forms to be provided by the
4 Secretary of State setting forth the facts of the
5 person's occupation. The affidavit shall also state the
6 number of offenses committed while operating a vehicle in
7 connection with the driver's regular occupation. The
8 affidavit shall be accompanied by the driver's license.
9 Upon receipt of a properly completed affidavit, the
10 Secretary of State shall issue the driver a permit to
11 operate a vehicle in connection with the driver's regular
12 occupation only. Unless the permit is issued by the
13 Secretary of State prior to the date of suspension, the
14 privilege to drive any motor vehicle shall be suspended
15 as set forth in the notice that was mailed under this
16 Section. If an affidavit is received subsequent to the
17 effective date of this suspension, a permit may be issued
18 for the remainder of the suspension period.
19 The provisions of this subparagraph shall not apply
20 to any driver required to obtain a commercial driver's
21 license under Section 6-507 during the period of a
22 disqualification of commercial driving privileges under
23 Section 6-514.
24 Any person who falsely states any fact in the
25 affidavit required herein shall be guilty of perjury
26 under Section 6-302 and upon conviction thereof shall
27 have all driving privileges revoked without further
28 rights.
29 3. At the conclusion of a hearing under Section
30 2-118 of this Code, the Secretary of State shall either
31 rescind or continue an order of revocation or shall
32 substitute an order of suspension; or, good cause
33 appearing therefor, rescind, continue, change, or extend
34 the order of suspension. If the Secretary of State does
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1 not rescind the order, the Secretary may upon
2 application, to relieve undue hardship, issue a
3 restricted driving permit granting the privilege of
4 driving a motor vehicle between the petitioner's
5 residence and petitioner's place of employment or within
6 the scope of his employment related duties, or to allow
7 transportation for the petitioner, or a household member
8 of the petitioner's family, to receive necessary medical
9 care and if the professional evaluation indicates,
10 provide transportation for alcohol remedial or
11 rehabilitative activity, or for the petitioner to attend
12 classes, as a student, in an accredited educational
13 institution; if the petitioner is able to demonstrate
14 that no alternative means of transportation is reasonably
15 available and the petitioner will not endanger the public
16 safety or welfare. In each case the Secretary may issue a
17 restricted driving permit for a period deemed
18 appropriate, except that all permits shall expire within
19 one year from the date of issuance. A restricted driving
20 permit issued under this Section shall be subject to
21 cancellation, revocation, and suspension by the Secretary
22 of State in like manner and for like cause as a driver's
23 license issued under this Code may be cancelled, revoked,
24 or suspended; except that a conviction upon one or more
25 offenses against laws or ordinances regulating the
26 movement of traffic shall be deemed sufficient cause for
27 the revocation, suspension, or cancellation of a
28 restricted driving permit. The Secretary of State may, as
29 a condition to the issuance of a restricted driving
30 permit, require the applicant to participate in a
31 designated driver remedial or rehabilitative program. The
32 Secretary of State is authorized to cancel a restricted
33 driving permit if the permit holder does not successfully
34 complete the program.
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1 (c-5) The Secretary of State may, as a condition of the
2 reissuance of a driver's license or permit to an applicant
3 under the age of 18 years whose driver's license or permit
4 has been suspended pursuant to any of the provisions of this
5 Section, require the applicant to participate in a driver
6 remedial education course and be retested under Section 6-109
7 of this Code.
8 (d) This Section is subject to the provisions of the
9 Drivers License Compact.
10 (e) The Secretary of State shall not issue a restricted
11 driving permit to a person under the age of 16 years whose
12 driving privileges have been suspended or revoked under any
13 provisions of this Code.
14 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
15 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
16 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
17 (625 ILCS 5/11-1429 new)
18 Sec. 11-1429. Theft of motor fuel.
19 (a) No person may operate a vehicle so as to cause it to
20 leave the premises of an establishment at which motor fuel
21 offered for retail sale was dispensed into the fuel tank of
22 the vehicle unless that person or some other person has paid
23 for or charged the price of the dispensed motor fuel.
24 (b) Violation of this Section is a Class A misdemeanor
25 punishable by a minimum fine of $250 or 30 hours of community
26 service.
27 (c) A second violation of this Section shall cause the
28 person's driver's license to be suspended for 6 months. A
29 third or subsequent violation of this Section shall result in
30 a one-year suspension.".