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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 1. Purpose. The General Assembly recognizes the |
5 | | desire of many commendable civic organizations and causes to be |
6 | | acknowledged by a special license plate and further recognizes |
7 | | that the issuance of special license plates may raise funds |
8 | | that will benefit these organizations and causes. However, the |
9 | | General Assembly also recognizes that the proliferation of |
10 | | special license plates in Illinois creates a significant |
11 | | challenge to law enforcement officials who are required to be |
12 | | familiar with, recognize, read, and record information from |
13 | | more than 100 types of special license plates now being issued |
14 | | in Illinois. To address this situation, the purpose of this |
15 | | amendatory Act of the 99th General Assembly is to authorize the |
16 | | issuance of Universal special license plates.
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17 | | Section 5. The Illinois Vehicle Code is amended by changing |
18 | | Section 3-600 and by adding Section 3-699.14 as follows:
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19 | | (625 ILCS 5/3-600) (from Ch. 95 1/2, par. 3-600)
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20 | | Sec. 3-600. Requirements for issuance of special plates.
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21 | | (a) The Secretary of State shall issue only special plates |
22 | | that have been authorized by the General Assembly. Except as |
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1 | | provided in subsection (a-5), the The Secretary of State shall |
2 | | not issue a series of special plates , or Universal special |
3 | | plates associated with an organization authorized to issue |
4 | | decals for Universal special plates,
unless applications, as |
5 | | prescribed by the Secretary, have been received for 2,000
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6 | | 10,000 plates of that series ; except that the Secretary of |
7 | | State may
prescribe some other required number of applications |
8 | | if that number is
sufficient to pay for the total cost of |
9 | | designing, manufacturing and
issuing the special license |
10 | | plate . Where a special plate is authorized by law to raise |
11 | | funds for a specific civic group, charitable entity, or other |
12 | | identified organization, or when the civic group, charitable |
13 | | entity, or organization is authorized to issue decals for |
14 | | Universal special license plates, and where the Secretary of |
15 | | State has not received the required number of applications to |
16 | | issue that special plate within 2 years of the effective date |
17 | | of the Public Act authorizing the special plate or decal , the |
18 | | Secretary of State's authority to issue the special plate or a |
19 | | Universal special plate associated with that decal is |
20 | | nullified. All applications for special plates shall be on a |
21 | | form designated by the Secretary and shall be accompanied by |
22 | | any civic group's, charitable entity's, or other identified |
23 | | fundraising organization's portion of the additional fee |
24 | | associated with that plate or decal. All fees collected under |
25 | | this Section are non-refundable and shall be deposited in the |
26 | | special fund as designated in the enabling legislation, |
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1 | | regardless of whether the plate or decal is produced. Upon the |
2 | | adoption of this amendatory Act of the 99th General Assembly, |
3 | | no further special license plates shall be authorized by the |
4 | | General Assembly unless that special license plate is |
5 | | authorized under subsection (a-5) of this Section.
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6 | | (a-5) If the General Assembly authorizes the issuance of a |
7 | | special plate that recognizes the applicant's military service |
8 | | or receipt of a military medal or award, the Secretary may |
9 | | immediately begin issuing that special plate. |
10 | | (b) The Secretary of State, upon issuing a new series of |
11 | | special license
plates, shall notify all law enforcement |
12 | | officials of the design, color and
other special features of |
13 | | the special license plate series.
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14 | | (c) This Section shall not apply to the
Secretary of |
15 | | State's discretion as established in Section 3-611.
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16 | | (d) If a law authorizing a special license plate provides |
17 | | that the sponsoring organization is to designate a charitable |
18 | | entity as the recipient of the funds from the sale of that |
19 | | license plate, the designated charitable entity must be in |
20 | | compliance with the registration and reporting requirements of |
21 | | the Charitable Trust Act and the Solicitation for Charity Act. |
22 | | In addition, the charitable entity must annually provide the |
23 | | Secretary of State's office a letter of compliance issued by |
24 | | the Illinois Attorney General's office verifying the entity is |
25 | | in compliance with the Acts. |
26 | | In the case of a law in effect before the effective date of |
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1 | | this amendatory Act of the 97th General Assembly, the name of |
2 | | the charitable entity which is to receive the funds shall be |
3 | | provided to the Secretary of State within one year after the |
4 | | effective date of this amendatory Act of the 97th General |
5 | | Assembly. In the case of a law that takes effect on or after |
6 | | the effective date of this amendatory Act of the 97th General |
7 | | Assembly, the name of the charitable entity which is to receive |
8 | | the funds shall be provided to the Secretary of State within |
9 | | one year after the law takes effect. If the organization fails |
10 | | to designate an appropriate charitable entity within the |
11 | | one-year period, or if the designated charitable entity fails |
12 | | to annually provide the Secretary of State a letter of |
13 | | compliance issued by the Illinois Attorney General's office, |
14 | | any funds collected from the sale of plates authorized for that |
15 | | organization and not previously disbursed shall be transferred |
16 | | to the General Revenue Fund, and the special plates shall be |
17 | | discontinued. |
18 | | (e) If fewer than 1,000 sets of any special license plate |
19 | | authorized by law and issued by the Secretary of State are |
20 | | actively registered for 2 consecutive calendar years, the |
21 | | Secretary of State may discontinue the issuance of that special |
22 | | license plate or require that special license plate to be |
23 | | exchanged for Universal special plates with appropriate |
24 | | decals . |
25 | | (f) Where special license plates have been discontinued |
26 | | pursuant to subsection (d) or (e) of this Section, or when the |
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1 | | special license plates are required to be exchanged for |
2 | | Universal special plates under subsection (e) of this Section, |
3 | | all previously issued plates of that type shall be recalled. |
4 | | Owners of vehicles which were registered with recalled plates |
5 | | shall not be charged a reclassification or registration sticker |
6 | | replacement plate fee upon the issuance of new plates for those |
7 | | vehicles. |
8 | | (g) Any special plate that is authorized to be issued for |
9 | | motorcycles may also be issued for autocycles. |
10 | | (Source: P.A. 97-409, eff. 1-1-12; 98-777, eff. 1-1-15 .)
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11 | | (625 ILCS 5/3-699.14 new) |
12 | | Sec. 3-699.14. Universal special license plates. |
13 | | (a) In addition to any other special license plate, the |
14 | | Secretary, upon receipt of all applicable fees and applications |
15 | | made in the form prescribed by the Secretary, may issue |
16 | | Universal special license plates to residents of Illinois on |
17 | | behalf of organizations that have been authorized by the |
18 | | General Assembly to issue decals for Universal special license |
19 | | plates. Appropriate documentation, as determined by the |
20 | | Secretary, shall accompany each application. Authorized |
21 | | organizations shall be designated by amendment to this Section. |
22 | | When applying for a Universal special license plate the |
23 | | applicant shall inform the Secretary of the name of the |
24 | | authorized organization from which the applicant will obtain a |
25 | | decal to place on the plate. The Secretary shall make a record |
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1 | | of that organization and that organization shall remain |
2 | | affiliated with that plate until the plate is surrendered, |
3 | | revoked, or otherwise cancelled. The authorized organization |
4 | | may charge a fee to offset the cost of producing and |
5 | | distributing the decal, but that fee shall be retained by the |
6 | | authorized organization and shall be separate and distinct from |
7 | | any registration fees charged by the Secretary. No decal, |
8 | | sticker, or other material may be affixed to a Universal |
9 | | special license plate other than a decal authorized by the |
10 | | General Assembly in this Section or a registration renewal |
11 | | sticker. The special plates issued under this Section shall be |
12 | | affixed only to passenger vehicles of the first division, |
13 | | including motorcycles and autocycles, or motor vehicles of the |
14 | | second division weighing not more than 8,000 pounds. Plates |
15 | | issued under this Section shall expire according to the |
16 | | multi-year procedure under Section 3-414.1 of this Code. |
17 | | (b) The design, color, and format of the Universal special |
18 | | license plate shall be wholly within the discretion of the |
19 | | Secretary. Universal special license plates are not required to |
20 | | designate "Land of Lincoln", as prescribed in subsection (b) of |
21 | | Section 3-412 of this Code. The design shall allow for the |
22 | | application of a decal to the plate. Organizations authorized |
23 | | by the General Assembly to issue decals for Universal special |
24 | | license plates shall comply with rules adopted by the Secretary |
25 | | governing the requirements for and approval of Universal |
26 | | special license plate decals. The Secretary may, in his or her |
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1 | | discretion, allow Universal special license plates to be issued |
2 | | as vanity or personalized plates in accordance with Section |
3 | | 3-405.1 of this Code. The Secretary of State must make a |
4 | | version of the special registration plates authorized under |
5 | | this Section in a form appropriate for motorcycles and |
6 | | autocycles. |
7 | | (c) When authorizing a Universal special license plate, the |
8 | | General Assembly shall set forth whether an additional fee is |
9 | | to be charged for the plate and, if a fee is to be charged, the |
10 | | amount of the fee and how the fee is to be distributed. When |
11 | | necessary, the authorizing language shall create a special fund |
12 | | in the State treasury into which fees may be deposited for an |
13 | | authorized Universal special license plate. Additional fees |
14 | | may only be charged if the fee is to be paid over to a State |
15 | | agency or to a charitable entity that is in compliance with the |
16 | | registration and reporting requirements of the Charitable |
17 | | Trust Act and the Solicitation for Charity Act. Any charitable |
18 | | entity receiving fees for the sale of Universal special license |
19 | | plates shall annually provide the Secretary of State a letter |
20 | | of compliance issued by the Attorney General verifying that the |
21 | | entity is in compliance with the Charitable Trust Act and the |
22 | | Solicitation for Charity Act. |
23 | | (d) Upon original issuance and for each registration |
24 | | renewal period, in addition to the appropriate registration |
25 | | fee, if applicable, the Secretary shall collect any additional |
26 | | fees, if required, for issuance of Universal special license |
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1 | | plates. The fees shall be collected on behalf of the |
2 | | organization designated by the applicant when applying for the |
3 | | plate. All fees collected shall be transferred to the State |
4 | | agency on whose behalf the fees were collected, or paid into |
5 | | the special fund designated in the law authorizing the |
6 | | organization to issue decals for Universal special license |
7 | | plates. All money in the designated fund shall be distributed |
8 | | by the Secretary subject to appropriation by the General |
9 | | Assembly.
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10 | | (625 ILCS 5/3-633 rep.)
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11 | | Section 10. The Illinois Vehicle Code is amended by |
12 | | repealing Section 3-633.
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13 | | Section 15. "An Act concerning transportation", approved |
14 | | August 10, 2015, Public Act 99-333, is amended by adding |
15 | | Section 99 as follows:
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16 | | (P.A. 99-333, Sec. 99 new) |
17 | | Sec. 99. Effective date. This Act takes effect December 30, |
18 | | 2015.
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19 | | Section 20. If and only if Senate Bill 627 of the 99th |
20 | | General Assembly becomes law as passed by both houses, then the |
21 | | Illinois Vehicle Code is amended by changing Sections 6-205 and |
22 | | 6-206 as follows:
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1 | | (625 ILCS 5/6-205)
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2 | | Sec. 6-205. Mandatory revocation of license or permit; |
3 | | Hardship cases.
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4 | | (a) Except as provided in this Section, the Secretary of |
5 | | State shall
immediately revoke the license, permit, or driving |
6 | | privileges of
any driver upon receiving a
report of the |
7 | | driver's conviction of any of the following offenses:
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8 | | 1. Reckless homicide resulting from the operation of a |
9 | | motor vehicle;
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10 | | 2. Violation of Section 11-501 of this Code or a |
11 | | similar provision of
a local ordinance relating to the |
12 | | offense of operating or being in physical
control of a |
13 | | vehicle while under the influence of alcohol, other drug or
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14 | | drugs, intoxicating compound or compounds, or any |
15 | | combination thereof;
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16 | | 3. Any felony under the laws of any State or the |
17 | | federal government
in the commission of which a motor |
18 | | vehicle was used;
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19 | | 4. Violation of Section 11-401 of this Code relating to |
20 | | the offense of
leaving the scene of a traffic accident |
21 | | involving death or personal injury;
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22 | | 5. Perjury or the making of a false affidavit or |
23 | | statement under
oath to the Secretary of State under this |
24 | | Code or under any
other law relating to the ownership or |
25 | | operation of motor vehicles;
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1 | | 6. Conviction upon 3 charges of violation of Section |
2 | | 11-503 of this
Code relating to the offense of reckless |
3 | | driving committed within a
period of 12 months;
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4 | | 7. Conviction of any offense
defined in
Section 4-102 |
5 | | of this Code;
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6 | | 8. Violation of Section 11-504 of this Code relating to |
7 | | the offense
of drag racing;
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8 | | 9. Violation of Chapters 8 and 9 of this Code;
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9 | | 10. Violation of Section 12-5 of the Criminal Code of |
10 | | 1961 or the Criminal Code of 2012 arising from
the use of a |
11 | | motor vehicle;
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12 | | 11. Violation of Section 11-204.1 of this Code relating |
13 | | to aggravated
fleeing or attempting to elude a peace |
14 | | officer;
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15 | | 12. Violation of paragraph (1) of subsection (b) of |
16 | | Section 6-507,
or a similar law of any other state, |
17 | | relating to the
unlawful operation of a commercial motor |
18 | | vehicle;
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19 | | 13. Violation of paragraph (a) of Section 11-502 of |
20 | | this Code or a
similar provision of a local ordinance if |
21 | | the driver has been previously
convicted of a violation of |
22 | | that Section or a similar provision of a local
ordinance |
23 | | and the driver was less than 21 years of age at the time of |
24 | | the
offense;
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25 | | 14. Violation of paragraph (a) of Section 11-506 of |
26 | | this Code or a similar provision of a local ordinance |
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1 | | relating to the offense of street racing;
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2 | | 15. A second or subsequent conviction of driving while |
3 | | the person's driver's license, permit or privileges was |
4 | | revoked for reckless homicide or a similar out-of-state |
5 | | offense; |
6 | | 16. Any offense against any provision in this Code, or |
7 | | any local ordinance, regulating the
movement of traffic |
8 | | when that offense was the proximate cause of the death of |
9 | | any person. Any person whose driving privileges have been |
10 | | revoked pursuant to this paragraph may seek to have the |
11 | | revocation terminated or to have the length of revocation |
12 | | reduced by requesting an administrative hearing with the |
13 | | Secretary of State prior to the projected driver's license |
14 | | application eligibility date; |
15 | | 17. Violation of subsection (a-2) of Section 11-1301.3 |
16 | | of this Code or a similar provision of a local ordinance; |
17 | | 18. A second or subsequent conviction of illegal |
18 | | possession, while operating or in actual physical control, |
19 | | as a driver, of a motor vehicle, of any controlled |
20 | | substance prohibited under the Illinois Controlled |
21 | | Substances Act, any cannabis prohibited under the Cannabis |
22 | | Control Act, or any methamphetamine prohibited under the |
23 | | Methamphetamine Control and Community Protection Act. A |
24 | | defendant found guilty of this offense while operating a |
25 | | motor vehicle
shall have an entry made in the court record |
26 | | by the presiding judge that
this offense did occur while |
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1 | | the defendant was operating a motor vehicle
and order the |
2 | | clerk of the court to report the violation to the Secretary
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3 | | of State. |
4 | | (b) The Secretary of State shall also immediately revoke |
5 | | the license
or permit of any driver in the following |
6 | | situations:
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7 | | 1. Of any minor upon receiving the notice provided for |
8 | | in Section
5-901 of the Juvenile Court Act of 1987 that the |
9 | | minor has been
adjudicated under that Act as having |
10 | | committed an offense relating to
motor vehicles prescribed |
11 | | in Section 4-103 of this Code;
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12 | | 2. Of any person when any other law of this State |
13 | | requires either the
revocation or suspension of a license |
14 | | or permit;
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15 | | 3. Of any person adjudicated under the Juvenile Court |
16 | | Act of 1987 based on an offense determined to have been |
17 | | committed in furtherance of the criminal activities of an |
18 | | organized gang as provided in Section 5-710 of that Act, |
19 | | and that involved the operation or use of a motor vehicle |
20 | | or the use of a driver's license or permit. The revocation |
21 | | shall remain in effect for the period determined by the |
22 | | court. Upon the direction of the court, the Secretary shall |
23 | | issue the person a judicial driving permit, also known as a |
24 | | JDP. The JDP shall be subject to the same terms as a JDP |
25 | | issued under Section 6-206.1, except that the court may |
26 | | direct that a JDP issued under this subdivision (b)(3) be |
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1 | | effective immediately.
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2 | | (c)(1) Whenever a person is convicted of any of the |
3 | | offenses enumerated in
this Section, the court may recommend |
4 | | and the Secretary of State in his
discretion, without regard to |
5 | | whether the recommendation is made by the
court may, upon |
6 | | application,
issue to the person a
restricted driving permit |
7 | | granting the privilege of driving a motor
vehicle between the |
8 | | petitioner's residence and petitioner's place
of employment or |
9 | | within the scope of the petitioner's employment related
duties, |
10 | | or to allow the petitioner to transport himself or herself or a |
11 | | family member
of the petitioner's household to a medical |
12 | | facility for the receipt of necessary medical care or to allow |
13 | | the
petitioner to transport himself or herself to and from |
14 | | alcohol or drug remedial or rehabilitative activity |
15 | | recommended by a licensed service provider, or to allow the
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16 | | petitioner to transport himself or herself or a family member |
17 | | of the petitioner's household to classes, as a student, at an |
18 | | accredited educational
institution, or to allow the petitioner |
19 | | to transport children, elderly persons, or disabled persons who |
20 | | do not hold driving privileges and are living in the |
21 | | petitioner's household to and from daycare; if the petitioner |
22 | | is able to demonstrate that no alternative means
of |
23 | | transportation is reasonably available and that the petitioner |
24 | | will not endanger
the public safety or welfare; provided that |
25 | | the Secretary's discretion shall be
limited to cases where |
26 | | undue hardship, as defined by the rules of the Secretary of |
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1 | | State, would result from a failure to issue the
restricted |
2 | | driving permit. Those multiple offenders identified in |
3 | | subdivision (b)4 of Section 6-208 of this Code, however, shall |
4 | | not be eligible for the issuance of a restricted driving |
5 | | permit.
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6 | | (2) If a person's license or permit is revoked or |
7 | | suspended due to 2 or
more convictions of violating Section |
8 | | 11-501 of this Code or a similar
provision of a local |
9 | | ordinance or a similar out-of-state offense, or Section 9-3 |
10 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
11 | | where the use of alcohol or other drugs is recited as an |
12 | | element of the offense, or a similar out-of-state offense, |
13 | | or a combination of these offenses, arising out
of separate |
14 | | occurrences, that person, if issued a restricted driving |
15 | | permit,
may not operate a vehicle unless it has been |
16 | | equipped with an ignition
interlock device as defined in |
17 | | Section 1-129.1.
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18 | | (3) If:
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19 | | (A) a person's license or permit is revoked or |
20 | | suspended 2 or more
times due to any combination of: |
21 | | (i)
a single conviction of violating Section
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22 | | 11-501 of this Code or a similar provision of a |
23 | | local ordinance or a similar
out-of-state offense, |
24 | | or Section 9-3 of the Criminal Code of 1961 or the |
25 | | Criminal Code of 2012, where the use of alcohol or |
26 | | other drugs is recited as an element of the |
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1 | | offense, or a similar out-of-state offense; or |
2 | | (ii)
a statutory summary suspension or |
3 | | revocation under Section
11-501.1; or |
4 | | (iii)
a suspension pursuant to Section |
5 | | 6-203.1;
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6 | | arising out of
separate occurrences; or |
7 | | (B)
a person has been convicted of one violation of |
8 | | subparagraph (C) or (F) of paragraph (1) of subsection |
9 | | (d) of Section 11-501 of this Code, Section 9-3 of the |
10 | | Criminal Code of 1961 or the Criminal Code of 2012, |
11 | | relating to the offense of reckless homicide where the |
12 | | use of alcohol or other drugs was recited as an element |
13 | | of the offense, or a similar provision of a law of |
14 | | another state;
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15 | | that person, if issued a restricted
driving permit, may not |
16 | | operate a vehicle unless it has been equipped with an
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17 | | ignition interlock device as defined in Section 1-129.1. |
18 | | (4)
The person issued a permit conditioned on the use |
19 | | of an ignition interlock device must pay to the Secretary |
20 | | of State DUI Administration Fund an amount
not to exceed |
21 | | $30 per month. The Secretary shall establish by rule the |
22 | | amount
and the procedures, terms, and conditions relating |
23 | | to these fees. |
24 | | (5)
If the restricted driving permit is issued for |
25 | | employment purposes, then
the prohibition against |
26 | | operating a motor vehicle that is not equipped with an |
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1 | | ignition interlock device does not apply to the operation |
2 | | of an occupational vehicle
owned or leased by that person's |
3 | | employer when used solely for employment purposes. For any |
4 | | person who, within a 5-year period, is convicted of a |
5 | | second or subsequent offense under Section 11-501 of this |
6 | | Code, or a similar provision of a local ordinance or |
7 | | similar out-of-state offense, this employment exemption |
8 | | does not apply until either a one year period has elapsed |
9 | | during which that person had his or her driving privileges |
10 | | revoked or a one year period has elapsed during which that |
11 | | person had a restricted driving permit which required the |
12 | | use of an ignition interlock device on every motor vehicle |
13 | | owned or operated by that person. |
14 | | (6)
In each case the Secretary of State may issue a
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15 | | restricted driving permit for a period he deems |
16 | | appropriate, except that the
permit shall expire within one |
17 | | year from the date of issuance. A restricted
driving permit |
18 | | issued under this Section shall be
subject to cancellation, |
19 | | revocation, and suspension by the Secretary of
State in |
20 | | like manner and for like cause as a driver's license issued
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21 | | under this Code may be cancelled, revoked, or
suspended; |
22 | | except that a conviction upon one or more offenses against |
23 | | laws or
ordinances regulating the movement of traffic shall |
24 | | be deemed sufficient cause
for the revocation, suspension, |
25 | | or cancellation of a restricted driving permit.
The |
26 | | Secretary of State may, as a condition to the issuance of a |
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1 | | restricted
driving permit, require the petitioner to |
2 | | participate in a designated driver
remedial or |
3 | | rehabilitative program. The Secretary of State is |
4 | | authorized to
cancel a restricted driving permit if the |
5 | | permit holder does not successfully
complete the program. |
6 | | However, if an individual's driving privileges have been
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7 | | revoked in accordance with paragraph 13 of subsection (a) |
8 | | of this Section, no
restricted driving permit shall be |
9 | | issued until the individual has served 6
months of the |
10 | | revocation period.
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11 | | (c-5) (Blank).
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12 | | (c-6) If a person is convicted of a second violation of |
13 | | operating a motor vehicle while the person's driver's license, |
14 | | permit or privilege was revoked, where the revocation was for a |
15 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
16 | | Criminal Code of 2012 relating to the offense of reckless |
17 | | homicide or a similar out-of-state offense, the person's |
18 | | driving privileges shall be revoked pursuant to subdivision |
19 | | (a)(15) of this Section. The person may not make application |
20 | | for a license or permit until the expiration of five years from |
21 | | the effective date of the revocation or the expiration of five |
22 | | years from the date of release from a term of imprisonment, |
23 | | whichever is later. |
24 | | (c-7) If a person is convicted of a third or subsequent |
25 | | violation of operating a motor vehicle while the person's |
26 | | driver's license, permit or privilege was revoked, where the |
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1 | | revocation was for a violation of Section 9-3 of the Criminal |
2 | | Code of 1961 or the Criminal Code of 2012 relating to the |
3 | | offense of reckless homicide or a similar out-of-state offense, |
4 | | the person may never apply for a license or permit. |
5 | | (d)(1) Whenever a person under the age of 21 is convicted |
6 | | under Section
11-501 of this Code or a similar provision of a |
7 | | local ordinance or a similar out-of-state offense, the
|
8 | | Secretary of State shall revoke the driving privileges of that |
9 | | person. One
year after the date of revocation, and upon |
10 | | application, the Secretary of
State may, if satisfied that the |
11 | | person applying will not endanger the
public safety or welfare, |
12 | | issue a restricted driving permit granting the
privilege of |
13 | | driving a motor vehicle only between the hours of 5 a.m. and 9
|
14 | | p.m. or as otherwise provided by this Section for a period of |
15 | | one year.
After this one year period, and upon reapplication |
16 | | for a license as
provided in Section 6-106, upon payment of the |
17 | | appropriate reinstatement
fee provided under paragraph (b) of |
18 | | Section 6-118, the Secretary of State,
in his discretion, may
|
19 | | reinstate the petitioner's driver's license and driving |
20 | | privileges, or extend the restricted driving permit as many |
21 | | times as the
Secretary of State deems appropriate, by |
22 | | additional periods of not more than
12 months each.
|
23 | | (2) If a person's license or permit is revoked or |
24 | | suspended due to 2 or
more convictions of violating Section |
25 | | 11-501 of this Code or a similar
provision of a local |
26 | | ordinance or a similar out-of-state offense, or Section 9-3 |
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1 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
2 | | where the use of alcohol or other drugs is recited as an |
3 | | element of the offense, or a similar out-of-state offense, |
4 | | or a combination of these offenses, arising out
of separate |
5 | | occurrences, that person, if issued a restricted driving |
6 | | permit,
may not operate a vehicle unless it has been |
7 | | equipped with an ignition
interlock device as defined in |
8 | | Section 1-129.1.
|
9 | | (3) If a person's license or permit is revoked or |
10 | | suspended 2 or more times
due to any combination of: |
11 | | (A) a single conviction of violating Section |
12 | | 11-501
of this
Code or a similar provision of a local |
13 | | ordinance or a similar out-of-state
offense, or |
14 | | Section 9-3 of the Criminal Code of 1961 or the |
15 | | Criminal Code of 2012, where the use of alcohol or |
16 | | other drugs is recited as an element of the offense, or |
17 | | a similar out-of-state offense; or |
18 | | (B)
a statutory summary suspension or revocation |
19 | | under Section 11-501.1; or |
20 | | (C) a suspension pursuant to Section 6-203.1; |
21 | | arising out of separate occurrences, that person, if issued |
22 | | a
restricted
driving permit, may not operate a vehicle |
23 | | unless it has been equipped with an
ignition interlock |
24 | | device as defined in Section 1-129.1. |
25 | | (3.5) If a person's license or permit is revoked or |
26 | | suspended due to a conviction for a violation of |
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1 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
2 | | of Section 11-501 of this Code, or a similar provision of a |
3 | | local ordinance or similar out-of-state offense, that |
4 | | person, if issued a restricted driving permit, may not |
5 | | operate a vehicle unless it has been equipped with an |
6 | | ignition interlock device as defined in Section 1-129.1. |
7 | | (4)
The person issued a permit conditioned upon the use |
8 | | of an interlock device must pay to the Secretary of State |
9 | | DUI Administration Fund an amount
not to exceed $30 per |
10 | | month. The Secretary shall establish by rule the amount
and |
11 | | the procedures, terms, and conditions relating to these |
12 | | fees. |
13 | | (5)
If the restricted driving permit is issued for |
14 | | employment purposes, then
the prohibition against driving |
15 | | a vehicle that is not equipped with an ignition interlock |
16 | | device does not apply to the operation of an occupational |
17 | | vehicle
owned or leased by that person's employer when used |
18 | | solely for employment purposes. For any person who, within |
19 | | a 5-year period, is convicted of a second or subsequent |
20 | | offense under Section 11-501 of this Code, or a similar |
21 | | provision of a local ordinance or similar out-of-state |
22 | | offense, this employment exemption does not apply until |
23 | | either a one year period has elapsed during which that |
24 | | person had his or her driving privileges revoked or a one |
25 | | year period has elapsed during which that person had a |
26 | | restricted driving permit which required the use of an |
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1 | | ignition interlock device on every motor vehicle owned or |
2 | | operated by that person. |
3 | | (6) A
restricted driving permit issued under this |
4 | | Section shall be subject to
cancellation, revocation, and |
5 | | suspension by the Secretary of State in like
manner and for |
6 | | like cause as a driver's license issued under this Code may |
7 | | be
cancelled, revoked, or suspended; except that a |
8 | | conviction upon one or more
offenses against laws or |
9 | | ordinances regulating the movement of traffic
shall be |
10 | | deemed sufficient cause for the revocation, suspension, or
|
11 | | cancellation of a restricted driving permit.
|
12 | | (d-5) The revocation of the license, permit, or driving |
13 | | privileges of a person convicted of a third or subsequent |
14 | | violation of Section 6-303 of this Code committed while his or |
15 | | her driver's license, permit, or privilege was revoked because |
16 | | of a violation of Section 9-3 of the Criminal Code of 1961 or |
17 | | the Criminal Code of 2012, relating to the offense of reckless |
18 | | homicide, or a similar provision of a law of another state, is |
19 | | permanent. The Secretary may not, at any time, issue a license |
20 | | or permit to that person.
|
21 | | (e) This Section is subject to the provisions of the Driver |
22 | | License
Compact.
|
23 | | (f) Any revocation imposed upon any person under |
24 | | subsections 2
and 3 of paragraph (b) that is in effect on |
25 | | December 31, 1988 shall be
converted to a suspension for a like |
26 | | period of time.
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1 | | (g) The Secretary of State shall not issue a restricted |
2 | | driving permit to
a person under the age of 16 years whose |
3 | | driving privileges have been revoked
under any provisions of |
4 | | this Code.
|
5 | | (h) The Secretary of State shall require the use of |
6 | | ignition interlock
devices on all vehicles owned by a person |
7 | | who has been convicted of a
second or subsequent offense under |
8 | | Section 11-501 of this Code or a similar
provision of a local |
9 | | ordinance. The person must pay to the Secretary of State DUI |
10 | | Administration Fund an amount not to exceed $30 for each month |
11 | | that he or she uses the device. The Secretary shall establish |
12 | | by rule and
regulation the procedures for certification and use |
13 | | of the interlock
system, the amount of the fee, and the |
14 | | procedures, terms, and conditions relating to these fees.
|
15 | | (i) (Blank).
|
16 | | (j) In accordance with 49 C.F.R. 384, the Secretary of |
17 | | State may not issue a restricted driving permit for the |
18 | | operation of a commercial motor vehicle to a person holding a |
19 | | CDL whose driving privileges have been revoked, suspended, |
20 | | cancelled, or disqualified under any provisions of this Code.
|
21 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; |
22 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. |
23 | | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. |
24 | | 1-1-13; 97-1150, eff. 1-25-13; 09900SB0627enr.)
|
25 | | (625 ILCS 5/6-206)
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1 | | Sec. 6-206. Discretionary authority to suspend or revoke |
2 | | license or
permit; Right to a hearing.
|
3 | | (a) The Secretary of State is authorized to suspend or |
4 | | revoke the
driving privileges of any person without preliminary |
5 | | hearing upon a showing
of the person's records or other |
6 | | sufficient evidence that
the person:
|
7 | | 1. Has committed an offense for which mandatory |
8 | | revocation of
a driver's license or permit is required upon |
9 | | conviction;
|
10 | | 2. Has been convicted of not less than 3 offenses |
11 | | against traffic
regulations governing the movement of |
12 | | vehicles committed within any 12
month period. No |
13 | | revocation or suspension shall be entered more than
6 |
14 | | months after the date of last conviction;
|
15 | | 3. Has been repeatedly involved as a driver in motor |
16 | | vehicle
collisions or has been repeatedly convicted of |
17 | | offenses against laws and
ordinances regulating the |
18 | | movement of traffic, to a degree that
indicates lack of |
19 | | ability to exercise ordinary and reasonable care in
the |
20 | | safe operation of a motor vehicle or disrespect for the |
21 | | traffic laws
and the safety of other persons upon the |
22 | | highway;
|
23 | | 4. Has by the unlawful operation of a motor vehicle |
24 | | caused or
contributed to an accident resulting in injury |
25 | | requiring
immediate professional treatment in a medical |
26 | | facility or doctor's office
to any person, except that any |
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1 | | suspension or revocation imposed by the
Secretary of State |
2 | | under the provisions of this subsection shall start no
|
3 | | later than 6 months after being convicted of violating a |
4 | | law or
ordinance regulating the movement of traffic, which |
5 | | violation is related
to the accident, or shall start not |
6 | | more than one year
after
the date of the accident, |
7 | | whichever date occurs later;
|
8 | | 5. Has permitted an unlawful or fraudulent use of a |
9 | | driver's
license, identification card, or permit;
|
10 | | 6. Has been lawfully convicted of an offense or |
11 | | offenses in another
state, including the authorization |
12 | | contained in Section 6-203.1, which
if committed within |
13 | | this State would be grounds for suspension or revocation;
|
14 | | 7. Has refused or failed to submit to an examination |
15 | | provided for by
Section 6-207 or has failed to pass the |
16 | | examination;
|
17 | | 8. Is ineligible for a driver's license or permit under |
18 | | the provisions
of Section 6-103;
|
19 | | 9. Has made a false statement or knowingly concealed a |
20 | | material fact
or has used false information or |
21 | | identification in any application for a
license, |
22 | | identification card, or permit;
|
23 | | 10. Has possessed, displayed, or attempted to |
24 | | fraudulently use any
license, identification card, or |
25 | | permit not issued to the person;
|
26 | | 11. Has operated a motor vehicle upon a highway of this |
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1 | | State when
the person's driving privilege or privilege to |
2 | | obtain a driver's license
or permit was revoked or |
3 | | suspended unless the operation was authorized by
a |
4 | | monitoring device driving permit, judicial driving permit |
5 | | issued prior to January 1, 2009, probationary license to |
6 | | drive, or a restricted
driving permit issued under this |
7 | | Code;
|
8 | | 12. Has submitted to any portion of the application |
9 | | process for
another person or has obtained the services of |
10 | | another person to submit to
any portion of the application |
11 | | process for the purpose of obtaining a
license, |
12 | | identification card, or permit for some other person;
|
13 | | 13. Has operated a motor vehicle upon a highway of this |
14 | | State when
the person's driver's license or permit was |
15 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
|
16 | | 14. Has committed a violation of Section 6-301, |
17 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
18 | | of the Illinois Identification Card
Act;
|
19 | | 15. Has been convicted of violating Section 21-2 of the |
20 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating |
21 | | to criminal trespass to vehicles in which case, the |
22 | | suspension
shall be for one year;
|
23 | | 16. Has been convicted of violating Section 11-204 of |
24 | | this Code relating
to fleeing from a peace officer;
|
25 | | 17. Has refused to submit to a test, or tests, as |
26 | | required under Section
11-501.1 of this Code and the person |
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1 | | has not sought a hearing as
provided for in Section |
2 | | 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 (b) |
7 | | of Section 6-101
relating to driving without a driver's |
8 | | 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 of
|
12 | | 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 of |
17 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
18 | | relating
to unlawful use of weapons, in which case the |
19 | | suspension shall be for one
year;
|
20 | | 23. Has, as a driver, been convicted of committing a |
21 | | violation of
paragraph (a) of Section 11-502 of this Code |
22 | | for a second or subsequent
time within one year of a |
23 | | similar violation;
|
24 | | 24. Has been convicted by a court-martial or punished |
25 | | by non-judicial
punishment by military authorities of the |
26 | | United States at a military
installation in Illinois or in |
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1 | | another state of or for a traffic related offense that is |
2 | | the
same as or similar to an offense specified under |
3 | | Section 6-205 or 6-206 of
this Code;
|
4 | | 25. Has permitted any form of identification to be used |
5 | | by another in
the application process in order to obtain or |
6 | | attempt to obtain a license,
identification card, or |
7 | | permit;
|
8 | | 26. Has altered or attempted to alter a license or has |
9 | | possessed an
altered license, identification card, or |
10 | | permit;
|
11 | | 27. Has violated Section 6-16 of the Liquor Control Act |
12 | | of 1934;
|
13 | | 28. Has been convicted for a first time of the illegal |
14 | | possession, while operating or
in actual physical control, |
15 | | as a driver, of a motor vehicle, of any
controlled |
16 | | substance prohibited under the Illinois Controlled |
17 | | Substances
Act, any cannabis prohibited under the Cannabis |
18 | | Control
Act, or any methamphetamine prohibited under the |
19 | | Methamphetamine Control and Community Protection Act, in |
20 | | which case the person's driving privileges shall be |
21 | | suspended for
one year.
Any defendant found guilty of this |
22 | | offense while operating a motor vehicle,
shall have an |
23 | | entry made in the court record by the presiding judge that
|
24 | | this offense did occur while the defendant was operating a |
25 | | motor vehicle
and order the clerk of the court to report |
26 | | the violation to the Secretary
of State;
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1 | | 29. Has been convicted of the following offenses that |
2 | | were committed
while the person was operating or in actual |
3 | | physical control, as a driver,
of a motor vehicle: criminal |
4 | | sexual assault,
predatory criminal sexual assault of a |
5 | | child,
aggravated criminal sexual
assault, criminal sexual |
6 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, |
7 | | soliciting for a juvenile prostitute, promoting juvenile |
8 | | prostitution as described in subdivision (a)(1), (a)(2), |
9 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 |
10 | | or the Criminal Code of 2012, and the manufacture, sale or
|
11 | | delivery of controlled substances or instruments used for |
12 | | illegal drug use
or abuse in which case the driver's |
13 | | driving privileges shall be suspended
for one year;
|
14 | | 30. Has been convicted a second or subsequent time for |
15 | | any
combination of the offenses named in paragraph 29 of |
16 | | this subsection,
in which case the person's driving |
17 | | privileges shall be suspended for 5
years;
|
18 | | 31. Has refused to submit to a test as
required by |
19 | | Section 11-501.6 of this Code or Section 5-16c of the Boat |
20 | | Registration and Safety Act or has submitted to a test |
21 | | resulting in
an alcohol concentration of 0.08 or more or |
22 | | any amount of a drug, substance, or
compound resulting from |
23 | | the unlawful use or consumption of cannabis as listed
in |
24 | | the Cannabis Control Act, a controlled substance as listed |
25 | | in the Illinois
Controlled Substances Act, an intoxicating |
26 | | compound as listed in the Use of
Intoxicating Compounds |
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1 | | Act, or methamphetamine as listed in the Methamphetamine |
2 | | Control and Community Protection Act, in which case the |
3 | | penalty shall be
as prescribed in Section 6-208.1;
|
4 | | 32. Has been convicted of Section 24-1.2 of the |
5 | | Criminal Code of
1961 or the Criminal Code of 2012 relating |
6 | | to the aggravated discharge of a firearm if the offender |
7 | | was
located in a motor vehicle at the time the firearm was |
8 | | discharged, in which
case the suspension shall be for 3 |
9 | | years;
|
10 | | 33. Has as a driver, who was less than 21 years of age |
11 | | on the date of
the offense, been convicted a first time of |
12 | | a violation of paragraph (a) of
Section 11-502 of this Code |
13 | | or a similar provision of a local ordinance;
|
14 | | 34. Has committed a violation of Section 11-1301.5 of |
15 | | this Code or a similar provision of a local ordinance;
|
16 | | 35. Has committed a violation of Section 11-1301.6 of |
17 | | this Code or a similar provision of a local ordinance;
|
18 | | 36. Is under the age of 21 years at the time of arrest |
19 | | and has been
convicted of not less than 2 offenses against |
20 | | traffic regulations governing
the movement of vehicles |
21 | | committed within any 24 month period. No revocation
or |
22 | | suspension shall be entered more than 6 months after the |
23 | | date of last
conviction;
|
24 | | 37. Has committed a violation of subsection (c) of |
25 | | Section 11-907 of this
Code that resulted in damage to the |
26 | | property of another or the death or injury of another;
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1 | | 38. Has been convicted of a violation of Section 6-20 |
2 | | of the Liquor
Control Act of 1934 or a similar provision of |
3 | | a local ordinance;
|
4 | | 39. Has committed a second or subsequent violation of |
5 | | Section
11-1201 of this Code;
|
6 | | 40. Has committed a violation of subsection (a-1) of |
7 | | Section 11-908 of
this Code; |
8 | | 41. Has committed a second or subsequent violation of |
9 | | Section 11-605.1 of this Code, a similar provision of a |
10 | | local ordinance, or a similar violation in any other state |
11 | | within 2 years of the date of the previous violation, in |
12 | | which case the suspension shall be for 90 days; |
13 | | 42. Has committed a violation of subsection (a-1) of |
14 | | Section 11-1301.3 of this Code or a similar provision of a |
15 | | local ordinance;
|
16 | | 43. Has received a disposition of court supervision for |
17 | | a violation of subsection (a), (d), or (e) of Section 6-20 |
18 | | of the Liquor
Control Act of 1934 or a similar provision of |
19 | | a local ordinance, in which case the suspension shall be |
20 | | for a period of 3 months;
|
21 | | 44.
Is under the age of 21 years at the time of arrest |
22 | | and has been convicted of an offense against traffic |
23 | | regulations governing the movement of vehicles after |
24 | | having previously had his or her driving privileges
|
25 | | suspended or revoked pursuant to subparagraph 36 of this |
26 | | Section; |
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1 | | 45.
Has, in connection with or during the course of a |
2 | | formal hearing conducted under Section 2-118 of this Code: |
3 | | (i) committed perjury; (ii) submitted fraudulent or |
4 | | falsified documents; (iii) submitted documents that have |
5 | | been materially altered; or (iv) submitted, as his or her |
6 | | own, documents that were in fact prepared or composed for |
7 | | another person; |
8 | | 46. Has committed a violation of subsection (j) of |
9 | | Section 3-413 of this Code; or
|
10 | | 47. Has committed a violation of Section 11-502.1 of |
11 | | this Code. |
12 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
13 | | and 27 of this
subsection, license means any driver's license, |
14 | | any traffic ticket issued when
the person's driver's license is |
15 | | deposited in lieu of bail, a suspension
notice issued by the |
16 | | Secretary of State, a duplicate or corrected driver's
license, |
17 | | a probationary driver's license or a temporary driver's |
18 | | license. |
19 | | (b) If any conviction forming the basis of a suspension or
|
20 | | revocation authorized under this Section is appealed, the
|
21 | | Secretary of State may rescind or withhold the entry of the |
22 | | order of suspension
or revocation, as the case may be, provided |
23 | | that a certified copy of a stay
order of a court is filed with |
24 | | the Secretary of State. If the conviction is
affirmed on |
25 | | appeal, the date of the conviction shall relate back to the |
26 | | time
the original judgment of conviction was entered and the 6 |
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1 | | month limitation
prescribed shall not apply.
|
2 | | (c) 1. Upon suspending or revoking the driver's license or |
3 | | permit of
any person as authorized in this Section, the |
4 | | Secretary of State shall
immediately notify the person in |
5 | | writing of the revocation or suspension.
The notice to be |
6 | | deposited in the United States mail, postage prepaid,
to the |
7 | | last known address of the person.
|
8 | | 2. If the Secretary of State suspends the driver's license
|
9 | | of a person under subsection 2 of paragraph (a) of this |
10 | | Section, a
person's privilege to operate a vehicle as an |
11 | | occupation shall not be
suspended, provided an affidavit is |
12 | | properly completed, the appropriate fee
received, and a permit |
13 | | issued prior to the effective date of the
suspension, unless 5 |
14 | | offenses were committed, at least 2 of which occurred
while |
15 | | operating a commercial vehicle in connection with the driver's
|
16 | | regular occupation. All other driving privileges shall be |
17 | | suspended by the
Secretary of State. Any driver prior to |
18 | | operating a vehicle for
occupational purposes only must submit |
19 | | the affidavit on forms to be
provided by the Secretary of State |
20 | | setting forth the facts of the person's
occupation. The |
21 | | affidavit shall also state the number of offenses
committed |
22 | | while operating a vehicle in connection with the driver's |
23 | | regular
occupation. The affidavit shall be accompanied by the |
24 | | driver's license.
Upon receipt of a properly completed |
25 | | affidavit, the Secretary of State
shall issue the driver a |
26 | | permit to operate a vehicle in connection with the
driver's |
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1 | | regular occupation only. Unless the permit is issued by the
|
2 | | Secretary of State prior to the date of suspension, the |
3 | | privilege to drive
any motor vehicle shall be suspended as set |
4 | | forth in the notice that was
mailed under this Section. If an |
5 | | affidavit is received subsequent to the
effective date of this |
6 | | suspension, a permit may be issued for the remainder
of the |
7 | | suspension period.
|
8 | | The provisions of this subparagraph shall not apply to any |
9 | | driver
required to possess a CDL for the purpose of operating a |
10 | | commercial motor vehicle.
|
11 | | Any person who falsely states any fact in the affidavit |
12 | | required
herein shall be guilty of perjury under Section 6-302 |
13 | | and upon conviction
thereof shall have all driving privileges |
14 | | revoked without further rights.
|
15 | | 3. At the conclusion of a hearing under Section 2-118 of |
16 | | this Code,
the Secretary of State shall either rescind or |
17 | | continue an order of
revocation or shall substitute an order of |
18 | | suspension; or, good
cause appearing therefor, rescind, |
19 | | continue, change, or extend the
order of suspension. If the |
20 | | Secretary of State does not rescind the order,
the Secretary |
21 | | may upon application,
to relieve undue hardship (as defined by |
22 | | the rules of the Secretary of State), issue
a restricted |
23 | | driving permit granting the privilege of driving a motor
|
24 | | vehicle between the petitioner's residence and petitioner's |
25 | | place of
employment or within the scope of the petitioner's |
26 | | employment related duties, or to
allow the petitioner to |
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1 | | transport himself or herself, or a family member of the
|
2 | | petitioner's household to a medical facility, to receive |
3 | | necessary medical care, to allow the petitioner to transport |
4 | | himself or herself to and from alcohol or drug
remedial or |
5 | | rehabilitative activity recommended by a licensed service |
6 | | provider, or to allow the petitioner to transport himself or |
7 | | herself or a family member of the petitioner's household to |
8 | | classes, as a student, at an accredited educational |
9 | | institution, or to allow the petitioner to transport children, |
10 | | elderly persons, or disabled persons who do not hold driving |
11 | | privileges and are living in the petitioner's household to and |
12 | | from daycare. The
petitioner must demonstrate that no |
13 | | alternative means of
transportation is reasonably available |
14 | | and that the petitioner will not endanger
the public safety or |
15 | | welfare. Those multiple offenders identified in subdivision |
16 | | (b)4 of Section 6-208 of this Code, however, shall not be |
17 | | eligible for the issuance of a restricted driving permit.
|
18 | | (A) If a person's license or permit is revoked or |
19 | | suspended due to 2
or more convictions of violating Section |
20 | | 11-501 of this Code or a similar
provision of a local |
21 | | ordinance or a similar out-of-state offense, or Section 9-3 |
22 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
23 | | where the use of alcohol or other drugs is recited as an |
24 | | element of the offense, or a similar out-of-state offense, |
25 | | or a combination of these offenses, arising out
of separate |
26 | | occurrences, that person, if issued a restricted driving |
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1 | | permit,
may not operate a vehicle unless it has been |
2 | | equipped with an ignition
interlock device as defined in |
3 | | Section 1-129.1.
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4 | | (B) If a person's license or permit is revoked or |
5 | | suspended 2 or more
times due to any combination of: |
6 | | (i) a single conviction of violating Section
|
7 | | 11-501 of this Code or a similar provision of a local |
8 | | ordinance or a similar
out-of-state offense or Section |
9 | | 9-3 of the Criminal Code of 1961 or the Criminal Code |
10 | | of 2012, where the use of alcohol or other drugs is |
11 | | recited as an element of the offense, or a similar |
12 | | out-of-state offense; or |
13 | | (ii) a statutory summary suspension or revocation |
14 | | under Section
11-501.1; or |
15 | | (iii) a suspension under Section 6-203.1; |
16 | | arising out of
separate occurrences; that person, if issued |
17 | | a restricted driving permit, may
not operate a vehicle |
18 | | unless it has been
equipped with an ignition interlock |
19 | | device as defined in Section 1-129.1. |
20 | | (B-5) If a person's license or permit is revoked or |
21 | | suspended due to a conviction for a violation of |
22 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
23 | | of Section 11-501 of this Code, or a similar provision of a |
24 | | local ordinance or similar out-of-state offense, that |
25 | | person, if issued a restricted driving permit, may not |
26 | | operate a vehicle unless it has been equipped with an |
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1 | | ignition interlock device as defined in Section 1-129.1. |
2 | | (C)
The person issued a permit conditioned upon the use |
3 | | of an ignition interlock device must pay to the Secretary |
4 | | of State DUI Administration Fund an amount
not to exceed |
5 | | $30 per month. The Secretary shall establish by rule the |
6 | | amount
and the procedures, terms, and conditions relating |
7 | | to these fees. |
8 | | (D) If the
restricted driving permit is issued for |
9 | | employment purposes, then the prohibition against |
10 | | operating a motor vehicle that is not equipped with an |
11 | | ignition interlock device does not apply to the operation |
12 | | of an occupational vehicle owned or
leased by that person's |
13 | | employer when used solely for employment purposes. For any |
14 | | person who, within a 5-year period, is convicted of a |
15 | | second or subsequent offense under Section 11-501 of this |
16 | | Code, or a similar provision of a local ordinance or |
17 | | similar out-of-state offense, this employment exemption |
18 | | does not apply until either a one year period has elapsed |
19 | | during which that person had his or her driving privileges |
20 | | revoked or a one year period has elapsed during which that |
21 | | person had a restricted driving permit which required the |
22 | | use of an ignition interlock device on every motor vehicle |
23 | | owned or operated by that person. |
24 | | (E) In each case the Secretary may issue a
restricted |
25 | | driving permit for a period deemed appropriate, except that |
26 | | all
permits shall expire within one year from the date of |
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1 | | issuance. A
restricted driving permit issued under this |
2 | | Section shall be subject to
cancellation, revocation, and |
3 | | suspension by the Secretary of State in like
manner and for |
4 | | like cause as a driver's license issued under this Code may |
5 | | be
cancelled, revoked, or suspended; except that a |
6 | | conviction upon one or more
offenses against laws or |
7 | | ordinances regulating the movement of traffic
shall be |
8 | | deemed sufficient cause for the revocation, suspension, or
|
9 | | cancellation of a restricted driving permit. The Secretary |
10 | | of State may, as
a condition to the issuance of a |
11 | | restricted driving permit, require the
applicant to |
12 | | participate in a designated driver remedial or |
13 | | rehabilitative
program. The Secretary of State is |
14 | | authorized to cancel a restricted
driving permit if the |
15 | | permit holder does not successfully complete the program.
|
16 | | (c-3) In the case of a suspension under paragraph 43 of |
17 | | subsection (a), reports received by the Secretary of State |
18 | | under this Section shall, except during the actual time the |
19 | | suspension is in effect, be privileged information and for use |
20 | | only by the courts, police officers, prosecuting authorities, |
21 | | the driver licensing administrator of any other state, the |
22 | | Secretary of State, or the parent or legal guardian of a driver |
23 | | under the age of 18. However, beginning January 1, 2008, if the |
24 | | person is a CDL holder, the suspension shall also be made |
25 | | available to the driver licensing administrator of any other |
26 | | state, the U.S. Department of Transportation, and the affected |
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1 | | driver or motor
carrier or prospective motor carrier upon |
2 | | request.
|
3 | | (c-4) In the case of a suspension under paragraph 43 of |
4 | | subsection (a), the Secretary of State shall notify the person |
5 | | by mail that his or her driving privileges and driver's license |
6 | | will be suspended one month after the date of the mailing of |
7 | | the notice.
|
8 | | (c-5) The Secretary of State may, as a condition of the |
9 | | reissuance of a
driver's license or permit to an applicant |
10 | | whose driver's license or permit has
been suspended before he |
11 | | or she reached the age of 21 years pursuant to any of
the |
12 | | provisions of this Section, require the applicant to |
13 | | participate in a
driver remedial education course and be |
14 | | retested under Section 6-109 of this
Code.
|
15 | | (d) This Section is subject to the provisions of the |
16 | | Drivers License
Compact.
|
17 | | (e) The Secretary of State shall not issue a restricted |
18 | | driving permit to
a person under the age of 16 years whose |
19 | | driving privileges have been suspended
or revoked under any |
20 | | provisions of this Code.
|
21 | | (f) In accordance with 49 C.F.R. 384, the Secretary of |
22 | | State may not issue a restricted driving permit for the |
23 | | operation of a commercial motor vehicle to a person holding a |
24 | | CDL whose driving privileges have been suspended, revoked, |
25 | | cancelled, or disqualified under any provisions of this Code. |
26 | | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; |
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1 | | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; |
2 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. |
3 | | 1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff. |
4 | | 7-16-14; 09900SB0627enr.)
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