Bill Amendment: IL HB4811 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STREET SIDESHOWS-PENALTIES
Status: 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4811 Detail]
Download: Illinois-2023-HB4811-House_Amendment_001.html
Bill Title: STREET SIDESHOWS-PENALTIES
Status: 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4811 Detail]
Download: Illinois-2023-HB4811-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4811 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4811 on page 1, by | ||||||
3 | replacing line 5 with the following: | ||||||
4 | "changing Sections 6-205 and 11-506 as follows:
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5 | (625 ILCS 5/6-205) | ||||||
6 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
7 | hardship cases. | ||||||
8 | (a) Except as provided in this Section, the Secretary of | ||||||
9 | State shall immediately revoke the license, permit, or driving | ||||||
10 | privileges of any driver upon receiving a report of the | ||||||
11 | driver's conviction of any of the following offenses: | ||||||
12 | 1. Reckless homicide resulting from the operation of a | ||||||
13 | motor vehicle; | ||||||
14 | 2. Violation of Section 11-501 of this Code or a | ||||||
15 | similar provision of a local ordinance relating to the | ||||||
16 | offense of operating or being in physical control of a | ||||||
17 | vehicle while under the influence of alcohol, other drug |
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1 | or drugs, intoxicating compound or compounds, or any | ||||||
2 | combination thereof; | ||||||
3 | 3. Any felony under the laws of any State or the | ||||||
4 | federal government in the commission of which a motor | ||||||
5 | vehicle was used; | ||||||
6 | 4. Violation of Section 11-401 of this Code relating | ||||||
7 | to the offense of leaving the scene of a traffic crash | ||||||
8 | involving death or personal injury; | ||||||
9 | 5. Perjury or the making of a false affidavit or | ||||||
10 | statement under oath to the Secretary of State under this | ||||||
11 | Code or under any other law relating to the ownership or | ||||||
12 | operation of motor vehicles; | ||||||
13 | 6. Conviction upon 3 charges of violation of Section | ||||||
14 | 11-503 of this Code relating to the offense of reckless | ||||||
15 | driving committed within a period of 12 months; | ||||||
16 | 7. Conviction of any offense defined in Section 4-102 | ||||||
17 | of this Code if the person exercised actual physical | ||||||
18 | control over the vehicle during the commission of the | ||||||
19 | offense; | ||||||
20 | 8. Violation of Section 11-504 of this Code relating | ||||||
21 | to the offense of drag racing; | ||||||
22 | 9. Violation of Chapters 8 and 9 of this Code; | ||||||
23 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
24 | 1961 or the Criminal Code of 2012 arising from the use of a | ||||||
25 | motor vehicle; | ||||||
26 | 11. Violation of Section 11-204.1 of this Code |
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1 | relating to aggravated fleeing or attempting to elude a | ||||||
2 | peace officer; | ||||||
3 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
4 | Section 6-507, or a similar law of any other state, | ||||||
5 | relating to the unlawful operation of a commercial motor | ||||||
6 | vehicle; | ||||||
7 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
8 | this Code or a similar provision of a local ordinance if | ||||||
9 | the driver has been previously convicted of a violation of | ||||||
10 | that Section or a similar provision of a local ordinance | ||||||
11 | and the driver was less than 21 years of age at the time of | ||||||
12 | the offense; | ||||||
13 | 14. Violation of paragraph (a) or (a-5) of Section | ||||||
14 | 11-506 of this Code or a similar provision of a local | ||||||
15 | ordinance relating to the offense of street racing or | ||||||
16 | street sideshow ; | ||||||
17 | 15. A second or subsequent conviction of driving while | ||||||
18 | the person's driver's license, permit or privileges was | ||||||
19 | revoked for reckless homicide or a similar out-of-state | ||||||
20 | offense; | ||||||
21 | 16. Any offense against any provision in this Code, or | ||||||
22 | any local ordinance, regulating the movement of traffic | ||||||
23 | when that offense was the proximate cause of the death of | ||||||
24 | any person. Any person whose driving privileges have been | ||||||
25 | revoked pursuant to this paragraph may seek to have the | ||||||
26 | revocation terminated or to have the length of revocation |
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1 | reduced by requesting an administrative hearing with the | ||||||
2 | Secretary of State prior to the projected driver's license | ||||||
3 | application eligibility date; | ||||||
4 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
5 | of this Code or a similar provision of a local ordinance; | ||||||
6 | 18. A second or subsequent conviction of illegal | ||||||
7 | possession, while operating or in actual physical control, | ||||||
8 | as a driver, of a motor vehicle, of any controlled | ||||||
9 | substance prohibited under the Illinois Controlled | ||||||
10 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
11 | Control Act, or any methamphetamine prohibited under the | ||||||
12 | Methamphetamine Control and Community Protection Act. A | ||||||
13 | defendant found guilty of this offense while operating a | ||||||
14 | motor vehicle shall have an entry made in the court record | ||||||
15 | by the presiding judge that this offense did occur while | ||||||
16 | the defendant was operating a motor vehicle and order the | ||||||
17 | clerk of the court to report the violation to the | ||||||
18 | Secretary of State; | ||||||
19 | 19. Violation of subsection (a) of Section 11-1414 of | ||||||
20 | this Code, or a similar provision of a local ordinance, | ||||||
21 | relating to the offense of overtaking or passing of a | ||||||
22 | school bus when the driver, in committing the violation, | ||||||
23 | is involved in a motor vehicle crash that results in death | ||||||
24 | to another and the violation is a proximate cause of the | ||||||
25 | death. | ||||||
26 | (b) The Secretary of State shall also immediately revoke |
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1 | the license or permit of any driver in the following | ||||||
2 | situations: | ||||||
3 | 1. Of any minor upon receiving the notice provided for | ||||||
4 | in Section 5-901 of the Juvenile Court Act of 1987 that the | ||||||
5 | minor has been adjudicated under that Act as having | ||||||
6 | committed an offense relating to motor vehicles prescribed | ||||||
7 | in Section 4-103 of this Code; | ||||||
8 | 2. Of any person when any other law of this State | ||||||
9 | requires either the revocation or suspension of a license | ||||||
10 | or permit; | ||||||
11 | 3. Of any person adjudicated under the Juvenile Court | ||||||
12 | Act of 1987 based on an offense determined to have been | ||||||
13 | committed in furtherance of the criminal activities of an | ||||||
14 | organized gang as provided in Section 5-710 of that Act, | ||||||
15 | and that involved the operation or use of a motor vehicle | ||||||
16 | or the use of a driver's license or permit. The revocation | ||||||
17 | shall remain in effect for the period determined by the | ||||||
18 | court. | ||||||
19 | (c)(1) Whenever a person is convicted of any of the | ||||||
20 | offenses enumerated in this Section, the court may recommend | ||||||
21 | and the Secretary of State in his discretion, without regard | ||||||
22 | to whether the recommendation is made by the court may, upon | ||||||
23 | application, issue to the person a restricted driving permit | ||||||
24 | granting the privilege of driving a motor vehicle between the | ||||||
25 | petitioner's residence and petitioner's place of employment or | ||||||
26 | within the scope of the petitioner's employment related |
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1 | duties, or to allow the petitioner to transport himself or | ||||||
2 | herself or a family member of the petitioner's household to a | ||||||
3 | medical facility for the receipt of necessary medical care or | ||||||
4 | to allow the petitioner to transport himself or herself to and | ||||||
5 | from alcohol or drug remedial or rehabilitative activity | ||||||
6 | recommended by a licensed service provider, or to allow the | ||||||
7 | petitioner to transport himself or herself or a family member | ||||||
8 | of the petitioner's household to classes, as a student, at an | ||||||
9 | accredited educational institution, or to allow the petitioner | ||||||
10 | to transport children, elderly persons, or persons with | ||||||
11 | disabilities who do not hold driving privileges and are living | ||||||
12 | in the petitioner's household to and from daycare; if the | ||||||
13 | petitioner is able to demonstrate that no alternative means of | ||||||
14 | transportation is reasonably available and that the petitioner | ||||||
15 | will not endanger the public safety or welfare; provided that | ||||||
16 | the Secretary's discretion shall be limited to cases where | ||||||
17 | undue hardship, as defined by the rules of the Secretary of | ||||||
18 | State, would result from a failure to issue the restricted | ||||||
19 | driving permit. | ||||||
20 | (1.5) A person subject to the provisions of paragraph 4 of | ||||||
21 | subsection (b) of Section 6-208 of this Code may make | ||||||
22 | application for a restricted driving permit at a hearing | ||||||
23 | conducted under Section 2-118 of this Code after the | ||||||
24 | expiration of 5 years from the effective date of the most | ||||||
25 | recent revocation, or after 5 years from the date of release | ||||||
26 | from a period of imprisonment resulting from a conviction of |
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1 | the most recent offense, whichever is later, provided the | ||||||
2 | person, in addition to all other requirements of the | ||||||
3 | Secretary, shows by clear and convincing evidence: | ||||||
4 | (A) a minimum of 3 years of uninterrupted abstinence | ||||||
5 | from alcohol and the unlawful use or consumption of | ||||||
6 | cannabis under the Cannabis Control Act, a controlled | ||||||
7 | substance under the Illinois Controlled Substances Act, an | ||||||
8 | intoxicating compound under the Use of Intoxicating | ||||||
9 | Compounds Act, or methamphetamine under the | ||||||
10 | Methamphetamine Control and Community Protection Act; and | ||||||
11 | (B) the successful completion of any rehabilitative | ||||||
12 | treatment and involvement in any ongoing rehabilitative | ||||||
13 | activity that may be recommended by a properly licensed | ||||||
14 | service provider according to an assessment of the | ||||||
15 | person's alcohol or drug use under Section 11-501.01 of | ||||||
16 | this Code. | ||||||
17 | In determining whether an applicant is eligible for a | ||||||
18 | restricted driving permit under this paragraph (1.5), the | ||||||
19 | Secretary may consider any relevant evidence, including, but | ||||||
20 | not limited to, testimony, affidavits, records, and the | ||||||
21 | results of regular alcohol or drug tests. Persons subject to | ||||||
22 | the provisions of paragraph 4 of subsection (b) of Section | ||||||
23 | 6-208 of this Code and who have been convicted of more than one | ||||||
24 | violation of paragraph (3), paragraph (4), or paragraph (5) of | ||||||
25 | subsection (a) of Section 11-501 of this Code shall not be | ||||||
26 | eligible to apply for a restricted driving permit. |
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1 | A restricted driving permit issued under this paragraph | ||||||
2 | (1.5) shall provide that the holder may only operate motor | ||||||
3 | vehicles equipped with an ignition interlock device as | ||||||
4 | required under paragraph (2) of subsection (c) of this Section | ||||||
5 | and subparagraph (A) of paragraph 3 of subsection (c) of | ||||||
6 | Section 6-206 of this Code. The Secretary may revoke a | ||||||
7 | restricted driving permit or amend the conditions of a | ||||||
8 | restricted driving permit issued under this paragraph (1.5) if | ||||||
9 | the holder operates a vehicle that is not equipped with an | ||||||
10 | ignition interlock device, or for any other reason authorized | ||||||
11 | under this Code. | ||||||
12 | A restricted driving permit issued under this paragraph | ||||||
13 | (1.5) shall be revoked, and the holder barred from applying | ||||||
14 | for or being issued a restricted driving permit in the future, | ||||||
15 | if the holder is subsequently convicted of a violation of | ||||||
16 | Section 11-501 of this Code, a similar provision of a local | ||||||
17 | ordinance, or a similar offense in another state. | ||||||
18 | (2) 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 ordinance | ||||||
21 | or a similar out-of-state offense, or Section 9-3 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012, where the | ||||||
23 | use of alcohol or other drugs is recited as an element of the | ||||||
24 | offense, or a similar out-of-state offense, or a combination | ||||||
25 | of these offenses, arising out of separate occurrences, that | ||||||
26 | person, if issued a restricted driving permit, may not operate |
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1 | a vehicle unless it has been equipped with an ignition | ||||||
2 | interlock device as defined in Section 1-129.1. | ||||||
3 | (3) If: | ||||||
4 | (A) 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 | ||||||
9 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012, where the use of alcohol or | ||||||
11 | other drugs is recited as an element of the offense, or | ||||||
12 | a similar out-of-state offense; or | ||||||
13 | (ii) a statutory summary suspension or revocation | ||||||
14 | under Section 11-501.1; or | ||||||
15 | (iii) a suspension pursuant to Section 6-203.1; | ||||||
16 | arising out of separate occurrences; or | ||||||
17 | (B) a person has been convicted of one violation of | ||||||
18 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
19 | of Section 11-501 of this Code, Section 9-3 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
21 | relating to the offense of reckless homicide where the use | ||||||
22 | of alcohol or other drugs was recited as an element of the | ||||||
23 | offense, or a similar provision of a law of another state; | ||||||
24 | that person, if issued a restricted driving permit, may not | ||||||
25 | operate a vehicle unless it has been equipped with an ignition | ||||||
26 | interlock device as defined in Section 1-129.1. |
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1 | (4) The person issued a permit conditioned on the use of an | ||||||
2 | ignition interlock device must pay to the Secretary of State | ||||||
3 | DUI Administration Fund an amount not to exceed $30 per month. | ||||||
4 | The Secretary shall establish by rule the amount and the | ||||||
5 | procedures, terms, and conditions relating to these fees. | ||||||
6 | (5) If the restricted driving permit is issued for | ||||||
7 | employment purposes, then the prohibition against operating a | ||||||
8 | motor vehicle that is not equipped with an ignition interlock | ||||||
9 | device does not apply to the operation of an occupational | ||||||
10 | vehicle owned or leased by that person's employer when used | ||||||
11 | solely for employment purposes. For any person who, within a | ||||||
12 | 5-year period, is convicted of a second or subsequent offense | ||||||
13 | under Section 11-501 of this Code, or a similar provision of a | ||||||
14 | local ordinance or similar out-of-state offense, this | ||||||
15 | employment exemption does not apply until either a one-year | ||||||
16 | period has elapsed during which that person had his or her | ||||||
17 | driving privileges revoked or a one-year period has elapsed | ||||||
18 | during which that person had a restricted driving permit which | ||||||
19 | required the use of an ignition interlock device on every | ||||||
20 | motor vehicle owned or operated by that person. | ||||||
21 | (6) In each case the Secretary of State may issue a | ||||||
22 | restricted driving permit for a period he deems appropriate, | ||||||
23 | except that the permit shall expire no later than 2 years from | ||||||
24 | the date of issuance. A restricted driving permit issued under | ||||||
25 | this Section shall be subject to cancellation, revocation, and | ||||||
26 | suspension by the Secretary of State in like manner and for |
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1 | like cause as a driver's license issued under this Code may be | ||||||
2 | cancelled, revoked, or suspended; except that a conviction | ||||||
3 | upon one or more offenses against laws or ordinances | ||||||
4 | regulating the movement of traffic shall be deemed sufficient | ||||||
5 | cause for the revocation, suspension, or cancellation of a | ||||||
6 | restricted driving permit. The Secretary of State may, as a | ||||||
7 | condition to the issuance of a restricted driving permit, | ||||||
8 | require the petitioner to participate in a designated driver | ||||||
9 | remedial or rehabilitative program. The Secretary of State is | ||||||
10 | authorized to cancel a restricted driving permit if the permit | ||||||
11 | holder does not successfully complete the program. However, if | ||||||
12 | an individual's driving privileges have been revoked in | ||||||
13 | accordance with paragraph 13 of subsection (a) of this | ||||||
14 | Section, no restricted driving permit shall be issued until | ||||||
15 | the individual has served 6 months of the revocation period. | ||||||
16 | (c-5) (Blank). | ||||||
17 | (c-6) If a person is convicted of a second violation of | ||||||
18 | operating a motor vehicle while the person's driver's license, | ||||||
19 | permit or privilege was revoked, where the revocation was for | ||||||
20 | a violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012 relating to the offense of reckless | ||||||
22 | homicide or a similar out-of-state offense, the person's | ||||||
23 | driving privileges shall be revoked pursuant to subdivision | ||||||
24 | (a)(15) of this Section. The person may not make application | ||||||
25 | for a license or permit until the expiration of five years from | ||||||
26 | the effective date of the revocation or the expiration of five |
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1 | years from the date of release from a term of imprisonment, | ||||||
2 | whichever is later. | ||||||
3 | (c-7) If a person is convicted of a third or subsequent | ||||||
4 | violation of operating a motor vehicle while the person's | ||||||
5 | driver's license, permit or privilege was revoked, where the | ||||||
6 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
8 | offense of reckless homicide or a similar out-of-state | ||||||
9 | offense, the person may never apply for a license or permit. | ||||||
10 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
11 | under Section 11-501 of this Code or a similar provision of a | ||||||
12 | local ordinance or a similar out-of-state offense, the | ||||||
13 | Secretary of State shall revoke the driving privileges of that | ||||||
14 | person. One year after the date of revocation, and upon | ||||||
15 | application, the Secretary of State may, if satisfied that the | ||||||
16 | person applying will not endanger the public safety or | ||||||
17 | welfare, issue a restricted driving permit granting the | ||||||
18 | privilege of driving a motor vehicle only between the hours of | ||||||
19 | 5 a.m. and 9 p.m. or as otherwise provided by this Section for | ||||||
20 | a period of one year. After this one-year period, and upon | ||||||
21 | reapplication for a license as provided in Section 6-106, upon | ||||||
22 | payment of the appropriate reinstatement fee provided under | ||||||
23 | paragraph (b) of Section 6-118, the Secretary of State, in his | ||||||
24 | discretion, may reinstate the petitioner's driver's license | ||||||
25 | and driving privileges, or extend the restricted driving | ||||||
26 | permit as many times as the Secretary of State deems |
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1 | appropriate, by additional periods of not more than 24 months | ||||||
2 | each. | ||||||
3 | (2) If a person's license or permit is revoked or | ||||||
4 | suspended due to 2 or more convictions of violating Section | ||||||
5 | 11-501 of this Code or a similar provision of a local ordinance | ||||||
6 | or a similar out-of-state offense, or Section 9-3 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012, where the | ||||||
8 | use of alcohol or other drugs is recited as an element of the | ||||||
9 | offense, or a similar out-of-state offense, or a combination | ||||||
10 | of these offenses, arising out of separate occurrences, that | ||||||
11 | person, if issued a restricted driving permit, may not operate | ||||||
12 | a vehicle unless it has been equipped with an ignition | ||||||
13 | interlock device as defined in Section 1-129.1. | ||||||
14 | (3) If a person's license or permit is revoked or | ||||||
15 | suspended 2 or more times due to any combination of: | ||||||
16 | (A) a single conviction of violating Section 11-501 of | ||||||
17 | this Code or a similar provision of a local ordinance or a | ||||||
18 | similar out-of-state offense, or Section 9-3 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, where | ||||||
20 | the use of alcohol or other drugs is recited as an element | ||||||
21 | of the offense, or a similar out-of-state offense; or | ||||||
22 | (B) a statutory summary suspension or revocation under | ||||||
23 | Section 11-501.1; or | ||||||
24 | (C) a suspension pursuant to Section 6-203.1; | ||||||
25 | arising out of separate occurrences, that person, if issued a | ||||||
26 | restricted driving permit, may not operate a vehicle unless it |
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1 | has been equipped with an ignition interlock device as defined | ||||||
2 | in Section 1-129.1. | ||||||
3 | (3.5) If a person's license or permit is revoked or | ||||||
4 | suspended due to a conviction for a violation of subparagraph | ||||||
5 | (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 | ||||||
6 | of this Code, or a similar provision of a local ordinance or | ||||||
7 | similar out-of-state offense, that person, if issued a | ||||||
8 | restricted driving permit, may not operate a vehicle unless it | ||||||
9 | has been equipped with an ignition interlock device as defined | ||||||
10 | in Section 1-129.1. | ||||||
11 | (4) The person issued a permit conditioned upon the use of | ||||||
12 | an interlock device must pay to the Secretary of State DUI | ||||||
13 | Administration Fund an amount not to exceed $30 per month. The | ||||||
14 | Secretary shall establish by rule the amount and the | ||||||
15 | procedures, terms, and conditions relating to these fees. | ||||||
16 | (5) If the restricted driving permit is issued for | ||||||
17 | employment purposes, then the prohibition against driving a | ||||||
18 | vehicle that is not equipped with an ignition interlock device | ||||||
19 | does not apply to the operation of an occupational vehicle | ||||||
20 | owned or leased by that person's employer when used solely for | ||||||
21 | employment purposes. For any person who, within a 5-year | ||||||
22 | period, is convicted of a second or subsequent offense under | ||||||
23 | Section 11-501 of this Code, or a similar provision of a local | ||||||
24 | ordinance or similar out-of-state offense, this employment | ||||||
25 | exemption does not apply until either a one-year period has | ||||||
26 | elapsed during which that person had his or her driving |
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1 | privileges revoked or a one-year period has elapsed during | ||||||
2 | which that person had a restricted driving permit which | ||||||
3 | required the use of an ignition interlock device on every | ||||||
4 | motor vehicle owned or operated by that person. | ||||||
5 | (6) A restricted driving permit issued under this Section | ||||||
6 | shall be subject to cancellation, revocation, and suspension | ||||||
7 | by the Secretary of State in like manner and for like cause as | ||||||
8 | a driver's license issued under this Code may be cancelled, | ||||||
9 | revoked, or suspended; except that a conviction upon one or | ||||||
10 | more offenses against laws or ordinances regulating the | ||||||
11 | movement of traffic shall be deemed sufficient cause for the | ||||||
12 | revocation, suspension, or cancellation of a restricted | ||||||
13 | driving permit. | ||||||
14 | (d-5) The revocation of the license, permit, or driving | ||||||
15 | privileges of a person convicted of a third or subsequent | ||||||
16 | violation of Section 6-303 of this Code committed while his or | ||||||
17 | her driver's license, permit, or privilege was revoked because | ||||||
18 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
19 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
20 | homicide, or a similar provision of a law of another state, is | ||||||
21 | permanent. The Secretary may not, at any time, issue a license | ||||||
22 | or permit to that person. | ||||||
23 | (e) This Section is subject to the provisions of the | ||||||
24 | Driver License Compact. | ||||||
25 | (f) Any revocation imposed upon any person under | ||||||
26 | subsections 2 and 3 of paragraph (b) that is in effect on |
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1 | December 31, 1988 shall be converted to a suspension for a like | ||||||
2 | period of time. | ||||||
3 | (g) The Secretary of State shall not issue a restricted | ||||||
4 | driving permit to a person under the age of 16 years whose | ||||||
5 | driving privileges have been revoked under any provisions of | ||||||
6 | this Code. | ||||||
7 | (h) The Secretary of State shall require the use of | ||||||
8 | ignition interlock devices for a period not less than 5 years | ||||||
9 | on all vehicles owned by a person who has been convicted of a | ||||||
10 | second or subsequent offense under Section 11-501 of this Code | ||||||
11 | or a similar provision of a local ordinance. The person must | ||||||
12 | pay to the Secretary of State DUI Administration Fund an | ||||||
13 | amount not to exceed $30 for each month that he or she uses the | ||||||
14 | device. The Secretary shall establish by rule and regulation | ||||||
15 | the procedures for certification and use of the interlock | ||||||
16 | system, the amount of the fee, and the procedures, terms, and | ||||||
17 | conditions relating to these fees. During the time period in | ||||||
18 | which a person is required to install an ignition interlock | ||||||
19 | device under this subsection (h), that person shall only | ||||||
20 | operate vehicles in which ignition interlock devices have been | ||||||
21 | installed, except as allowed by subdivision (c)(5) or (d)(5) | ||||||
22 | of this Section. Regardless of whether an exemption under | ||||||
23 | subdivision (c) (5) or (d) (5) applies, every person subject | ||||||
24 | to this subsection shall not be eligible for reinstatement | ||||||
25 | until the person installs an ignition interlock device and | ||||||
26 | maintains the ignition interlock device for 5 years. |
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