Bill Text: IL HB3697 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Vehicle Code. Provides that a graduated license may not be issued, renewed, or continued to be used by a person who has been convicted of driving without a license in another state or has been convicted under the Use of Intoxicating Compounds Act. Provides that upon a second conviction of driving while the person's driving privileges were revoked or suspended and the revocation or suspension was for the offense of reckless homicide or a similar out-of-state offense, the Secretary of State shall immediately revoke that person's driving privileges for 5 years, and for a third or subsequent conviction of the same, the revocation is permanent. Amends the definition of "first-time offender" in relation to driving under the influence offenses to include any person who has not had his or her driver's license suspended in this State as the result of refusal of chemical testing in another state. Makes other changes. Amends the Child Passenger Protection Act to provide that a Section requiring every person under the age of 18 years to secure a child between 8 and 18 years old in a properly adjusted and fastened seat safety belt or an appropriate child restraint system also applies to each driver over the age of 18 years who was convicted certain traffic violations in the 6 months prior to the driver's 18th birthday (rather than within 6 months of the birthday), until 6 consecutive months have elapsed without an additional violation. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0607 [HB3697 Detail]
Download: Illinois-2009-HB3697-Enrolled.html
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1 | AN ACT concerning the Secretary of State.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 1-111.1a, 1-197.5, 6-102, 6-103, 6-107, 6-110, | ||||||
6 | 6-203.1, 6-205, 6-206, 6-208, 6-303, 6-601, and 11-500 as | ||||||
7 | follows:
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8 | (625 ILCS 5/1-111.1a) (from Ch. 95 1/2, par. 1-171.01)
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9 | Sec. 1-111.1a. Charitable vehicle.
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10 | (a) Any vehicle that is exclusively owned and operated
by a | ||||||
11 | religious or charitable
not-for-profit organization and is | ||||||
12 | used primarily in conducting the official
activities of such | ||||||
13 | organization.
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14 | (b) This definition does not include:
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15 | (1) a bus operated by a public utility, municipal | ||||||
16 | corporation or
common carrier authorized to conduct local | ||||||
17 | or interurban transportation
of passengers when such bus is | ||||||
18 | on a regularly scheduled route for the
transportation of | ||||||
19 | other fare paying passengers or furnishing charter
service | ||||||
20 | for the transportation of groups on special trips or in
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21 | connection with special events and not over a regular or | ||||||
22 | customary
religious organization bus route;
| ||||||
23 | (2) a school bus as defined in Section 1-182 of this |
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1 | Code; or
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2 | (3) a First Division vehicle, other than one designed | ||||||
3 | for transporting
not less than 7 nor more than 10 | ||||||
4 | passengers, as defined in Section 1-217 of
this
Code; | ||||||
5 | except that for purposes of determining the number of | ||||||
6 | persons a
vehicle is designed to carry in this Section , in | ||||||
7 | any vehicle equipped with one or more
wheelchair tiedowns, | ||||||
8 | each wheelchair tiedown shall be
counted as 4 persons. Each | ||||||
9 | wheelchair tiedown shall be counted as 1 person for any | ||||||
10 | other purpose of this Code.
| ||||||
11 | (Source: P.A. 90-89, eff. 1-1-98; 91-64, eff. 1-1-00.)
| ||||||
12 | (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
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13 | Sec. 1-197.5.
Statutory summary alcohol or other drug | ||||||
14 | related suspension
of driver's privileges. The withdrawal by | ||||||
15 | the Secretary of State circuit court of a
person's license or | ||||||
16 | privilege to operate a motor vehicle on the public
highways for | ||||||
17 | the periods provided in Section 6-208.1. Reinstatement after
| ||||||
18 | the suspension period shall occur after all appropriate fees | ||||||
19 | have been
paid , unless the court notifies the Secretary of | ||||||
20 | State that the person
should be disqualified . The bases for | ||||||
21 | this withdrawal of driving privileges
shall be the individual's | ||||||
22 | refusal to submit to or failure to complete a
chemical test or | ||||||
23 | tests following an arrest for the offense of driving under
the | ||||||
24 | influence of alcohol, other drugs, or intoxicating compounds,
| ||||||
25 | or any combination thereof, or submission to such a
test or |
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1 | tests indicating an alcohol concentration of 0.08 or more
as | ||||||
2 | provided in Section 11-501.1 of this Code.
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3 | (Source: P.A. 92-834, eff. 8-22-02.)
| ||||||
4 | (625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
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5 | Sec. 6-102. What persons are exempt. The following persons | ||||||
6 | are exempt
from the requirements of Section 6-101 and are not | ||||||
7 | required to have an
Illinois drivers license or permit if one | ||||||
8 | or more of the following
qualifying exemptions are met and | ||||||
9 | apply:
| ||||||
10 | 1. Any employee of the United States Government or any | ||||||
11 | member of the
Armed Forces of the United States, while | ||||||
12 | operating a motor vehicle owned by
or leased to the United | ||||||
13 | States Government and being operated on official
business | ||||||
14 | need not be licensed;
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15 | 2. A nonresident who has in his immediate possession a | ||||||
16 | valid license issued
to him in his home state or country | ||||||
17 | may operate a motor vehicle for which
he is licensed for | ||||||
18 | the period during which he is in this State;
| ||||||
19 | 3. A nonresident and his spouse and children living | ||||||
20 | with him who is a
student at a college or university in | ||||||
21 | Illinois who have a valid license
issued by their home | ||||||
22 | State.
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23 | 4. A person operating a road machine temporarily upon a | ||||||
24 | highway or
operating a farm tractor between the home farm | ||||||
25 | buildings and any adjacent
or nearby farm land for the |
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1 | exclusive purpose of conducting farm operations
need not be | ||||||
2 | licensed as a driver.
| ||||||
3 | 5. A resident of this State who has been serving as a | ||||||
4 | member of the
Armed Forces of the United States outside the | ||||||
5 | Continental limits of the
United States, for a period of 90 | ||||||
6 | 45 days following his return to the
continental limits of | ||||||
7 | the United States.
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8 | 6. A nonresident on active duty in the Armed Forces of | ||||||
9 | the United States
who has a valid license issued by his | ||||||
10 | home state and such nonresident's
spouse, and dependent | ||||||
11 | children and living with parents, who have a valid
license | ||||||
12 | issued by their home state.
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13 | 7. A nonresident who becomes a resident of this State, | ||||||
14 | may for a period of
the first 90 days of residence in | ||||||
15 | Illinois operate any motor vehicle which
he was qualified | ||||||
16 | or licensed to drive by his home state or country so long
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17 | as he has in his possession, a valid and current license | ||||||
18 | issued to him by
his home state or country. Upon expiration | ||||||
19 | of such 90 day period, such new
resident must comply with | ||||||
20 | the provisions of this Act and apply for an
Illinois | ||||||
21 | license or permit.
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22 | 8. An engineer, conductor, brakeman, or any other | ||||||
23 | member of the crew
of a locomotive or train being operated | ||||||
24 | upon rails, including operation on
a railroad crossing over | ||||||
25 | a public street, road or highway. Such person is
not | ||||||
26 | required to display a driver's license to any law |
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1 | enforcement officer
in connection with the operation of a | ||||||
2 | locomotive or train within this State.
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3 | The provisions of this Section granting exemption to any | ||||||
4 | nonresident
shall be operative to the same extent that the laws | ||||||
5 | of the State or country
of such nonresident grant like | ||||||
6 | exemption to residents of this State.
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7 | The Secretary of State may implement the exemption | ||||||
8 | provisions of this
Section by inclusion thereof in a | ||||||
9 | reciprocity agreement, arrangement or
declaration issued | ||||||
10 | pursuant to this Act.
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11 | (Source: P.A. 86-1258.)
| ||||||
12 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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13 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
14 | or granted
permits. The Secretary of State shall not issue, | ||||||
15 | renew, or
allow the retention of any driver's
license nor issue | ||||||
16 | any permit under this Code:
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17 | 1. To any person, as a driver, who is under the age of | ||||||
18 | 18 years except
as provided in Section 6-107, and except | ||||||
19 | that an instruction permit may be
issued under Section | ||||||
20 | 6-107.1 to a child who
is not less than 15 years of age if | ||||||
21 | the child is enrolled in an approved
driver education | ||||||
22 | course as defined in Section 1-103 of this Code and
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23 | requires an instruction permit to participate therein, | ||||||
24 | except that an
instruction permit may be issued under the | ||||||
25 | provisions of Section 6-107.1
to a child who is 17 years |
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1 | and 3 months of age without the child having
enrolled in an
| ||||||
2 | approved driver education course and except that an
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3 | instruction permit may be issued to a child who is at least | ||||||
4 | 15 years and 3 6
months of age, is enrolled in school, | ||||||
5 | meets the educational requirements of
the Driver Education | ||||||
6 | Act, and has passed examinations the Secretary of State in
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7 | his or her discretion may prescribe;
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8 | 2. To any person who is under the age of 18 as an | ||||||
9 | operator of a motorcycle
other than a motor driven cycle | ||||||
10 | unless the person has, in addition to
meeting the | ||||||
11 | provisions of Section 6-107 of this Code, successfully
| ||||||
12 | completed a motorcycle
training course approved by the | ||||||
13 | Illinois Department of Transportation and
successfully | ||||||
14 | completes the required Secretary of State's motorcycle | ||||||
15 | driver's
examination;
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16 | 3. To any person, as a driver, whose driver's license | ||||||
17 | or permit has been
suspended, during the suspension, nor to | ||||||
18 | any person whose driver's license or
permit has been | ||||||
19 | revoked, except as provided in Sections 6-205, 6-206, and
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20 | 6-208;
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21 | 4. To any person, as a driver, who is a user of alcohol | ||||||
22 | or any other
drug to a degree that renders the person | ||||||
23 | incapable of safely driving a motor
vehicle;
| ||||||
24 | 5. To any person, as a driver, who has previously been | ||||||
25 | adjudged to be
afflicted with or suffering from any mental | ||||||
26 | or physical disability or disease
and who has not at the |
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1 | time of application been restored to competency by the
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2 | methods provided by law;
| ||||||
3 | 6. To any person, as a driver, who is required by the | ||||||
4 | Secretary of State
to submit an alcohol and drug evaluation | ||||||
5 | or take an examination provided
for in this Code unless the | ||||||
6 | person has
successfully passed the examination and | ||||||
7 | submitted any required evaluation;
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8 | 7. To any person who is required under the provisions | ||||||
9 | of the laws of
this State to deposit security or proof of | ||||||
10 | financial responsibility and who
has not deposited the | ||||||
11 | security or proof;
| ||||||
12 | 8. To any person when the Secretary of State has good | ||||||
13 | cause to believe
that the person by reason of physical or | ||||||
14 | mental disability would not be
able to safely operate a | ||||||
15 | motor vehicle upon the highways, unless the
person shall | ||||||
16 | furnish to the Secretary of State a verified written
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17 | statement, acceptable to the Secretary of State, from a | ||||||
18 | competent medical
specialist to the effect that the | ||||||
19 | operation of a motor vehicle by the
person would not be | ||||||
20 | inimical to the public safety;
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21 | 9. To any person, as a driver, who is 69 years of age | ||||||
22 | or older, unless
the person has successfully complied with | ||||||
23 | the provisions of Section 6-109;
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24 | 10. To any person convicted, within 12 months of | ||||||
25 | application for a
license, of any of the sexual offenses | ||||||
26 | enumerated in paragraph 2 of subsection
(b) of Section |
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1 | 6-205;
| ||||||
2 | 11. To any person who is under the age of 21 years with | ||||||
3 | a classification
prohibited in paragraph (b) of Section | ||||||
4 | 6-104 and to any person who is under
the age of 18 years | ||||||
5 | with a classification prohibited in paragraph (c) of
| ||||||
6 | Section 6-104;
| ||||||
7 | 12. To any person who has been either convicted of or | ||||||
8 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
9 | a violation of the Cannabis Control
Act, the Illinois | ||||||
10 | Controlled Substances Act, or the Methamphetamine Control | ||||||
11 | and Community Protection Act while that person was in | ||||||
12 | actual
physical control of a motor vehicle. For purposes of | ||||||
13 | this Section, any person
placed on probation under Section | ||||||
14 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
15 | Controlled Substances Act, or Section 70 of the | ||||||
16 | Methamphetamine Control and Community Protection Act shall | ||||||
17 | not be considered convicted.
Any person found guilty of | ||||||
18 | this offense, while in actual physical control of a
motor | ||||||
19 | vehicle, shall have an entry made in the court record by | ||||||
20 | the judge that
this offense did occur while the person was | ||||||
21 | in actual physical control of a
motor vehicle and order the | ||||||
22 | clerk of the court to report the violation to the
Secretary | ||||||
23 | of State as such. The Secretary of State shall not issue a | ||||||
24 | new
license or permit for a period of one year;
| ||||||
25 | 13. To any person who is under the age of 18 years and | ||||||
26 | who has committed
the offense
of operating a motor vehicle |
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1 | without a valid license or permit in violation of
Section | ||||||
2 | 6-101 or a similar out of state offense ;
| ||||||
3 | 14. To any person who is
90 days or more
delinquent in | ||||||
4 | court ordered child support
payments or has been | ||||||
5 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
6 | obligation or more
and who has been found in contempt
of
| ||||||
7 | court for failure to pay the support, subject to the | ||||||
8 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
9 | the Illinois Vehicle Code;
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10 | 14.5. To any person certified by the Illinois | ||||||
11 | Department of Healthcare and Family Services as being 90 | ||||||
12 | days or more delinquent in payment of support under an | ||||||
13 | order of support entered by a court or administrative body | ||||||
14 | of this or any other State, subject to the requirements and | ||||||
15 | procedures of Article VII of Chapter 7 of this Code | ||||||
16 | regarding those certifications;
| ||||||
17 | 15. To any person released from a term of imprisonment | ||||||
18 | for violating
Section 9-3 of the Criminal Code of 1961 or a | ||||||
19 | similar provision of a law of another state relating to | ||||||
20 | reckless homicide or for violating subparagraph (F) of | ||||||
21 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
22 | Code relating to aggravated driving under the influence of | ||||||
23 | alcohol, other drug or drugs, intoxicating compound or | ||||||
24 | compounds, or any combination thereof, if the violation was | ||||||
25 | the proximate cause of a death, within
24 months of release | ||||||
26 | from a term of imprisonment;
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1 | 16. To any person who, with intent to influence any act | ||||||
2 | related to the issuance of any driver's license or permit, | ||||||
3 | by an employee of the Secretary of State's Office, or the | ||||||
4 | owner or employee of any commercial driver training school | ||||||
5 | licensed by the Secretary of State, or any other individual | ||||||
6 | authorized by the laws of this State to give driving | ||||||
7 | instructions or administer all or part of a driver's | ||||||
8 | license examination, promises or tenders to that person any | ||||||
9 | property or personal advantage which that person is not | ||||||
10 | authorized by law to accept. Any persons promising or | ||||||
11 | tendering such property or personal advantage shall be | ||||||
12 | disqualified from holding any class of driver's license or | ||||||
13 | permit for 120 consecutive days. The Secretary of State | ||||||
14 | shall establish by rule the procedures for implementing | ||||||
15 | this period of disqualification and the procedures by which | ||||||
16 | persons so disqualified may obtain administrative review | ||||||
17 | of the decision to disqualify;
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18 | 17. To any person for whom the Secretary of State | ||||||
19 | cannot verify the
accuracy of any information or | ||||||
20 | documentation submitted in application for a
driver's | ||||||
21 | license; or
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22 | 18. To any person who has been adjudicated under the | ||||||
23 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
24 | determined by the court to have been committed in | ||||||
25 | furtherance of the criminal activities of an organized | ||||||
26 | gang, as provided in Section 5-710 of that Act, and that |
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1 | involved the operation or use of a motor vehicle or the use | ||||||
2 | of a driver's license or permit. The person shall be denied | ||||||
3 | a license or permit for the period determined by the court.
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4 | The Secretary of State shall retain all conviction
| ||||||
5 | information, if the information is required to be held | ||||||
6 | confidential under
the Juvenile Court Act of 1987. | ||||||
7 | (Source: P.A. 94-556, eff. 9-11-05; 95-310, eff. 1-1-08; | ||||||
8 | 95-337, eff. 6-1-08; 95-685, eff. 6-23-07; 95-876, eff. | ||||||
9 | 8-21-08.)
| ||||||
10 | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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11 | Sec. 6-107. Graduated license.
| ||||||
12 | (a) The purpose of the Graduated
Licensing Program is to | ||||||
13 | develop safe and mature driving habits in young,
inexperienced | ||||||
14 | drivers and reduce or prevent motor vehicle accidents,
| ||||||
15 | fatalities,
and injuries by:
| ||||||
16 | (1) providing for an increase in the time of practice | ||||||
17 | period before
granting
permission to obtain a driver's | ||||||
18 | license;
| ||||||
19 | (2) strengthening driver licensing and testing | ||||||
20 | standards for persons under
the age of 21 years;
| ||||||
21 | (3) sanctioning driving privileges of drivers under | ||||||
22 | age 21 who have
committed serious traffic violations or | ||||||
23 | other specified offenses; and
| ||||||
24 | (4) setting stricter standards to promote the public's | ||||||
25 | health and
safety.
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1 | (b) The application of any person under
the age of 18 | ||||||
2 | years, and not legally emancipated by marriage, for a drivers
| ||||||
3 | license or permit to operate a motor vehicle issued under the | ||||||
4 | laws of this
State, shall be accompanied by the written consent | ||||||
5 | of either parent of the
applicant; otherwise by the guardian | ||||||
6 | having custody of the applicant, or
in the event there is no | ||||||
7 | parent or guardian, then by another responsible adult. The | ||||||
8 | written consent must accompany any application for a driver's | ||||||
9 | license under this subsection (b), regardless of whether or not | ||||||
10 | the required written consent also accompanied the person's | ||||||
11 | previous application for an instruction permit.
| ||||||
12 | No graduated driver's license shall be issued to any | ||||||
13 | applicant under 18
years
of age, unless the applicant is at | ||||||
14 | least 16 years of age and has:
| ||||||
15 | (1) Held a valid instruction permit for a minimum of 9 | ||||||
16 | months.
| ||||||
17 | (2) Passed an approved driver education course
and | ||||||
18 | submits proof of having passed the course as may
be | ||||||
19 | required.
| ||||||
20 | (3) Certification by the parent, legal guardian, or | ||||||
21 | responsible adult that
the applicant has had a minimum of | ||||||
22 | 50 hours of behind-the-wheel practice time, at least 10 | ||||||
23 | hours of which have been at night,
and is sufficiently | ||||||
24 | prepared and able to safely operate a motor vehicle.
| ||||||
25 | (b-1) No graduated
driver's license shall be issued to any | ||||||
26 | applicant who is under 18 years of age
and not legally |
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| |||||||
1 | emancipated by marriage, unless the applicant has graduated
| ||||||
2 | from a secondary school of this State or any other state, is | ||||||
3 | enrolled in a
course leading to a general educational | ||||||
4 | development (GED) certificate, has
obtained a GED certificate, | ||||||
5 | is enrolled in an elementary or secondary school or college or | ||||||
6 | university
of this State or any other state and is not a | ||||||
7 | chronic or habitual truant as provided in Section 26-2a of the | ||||||
8 | School Code, or is receiving home instruction and submits proof | ||||||
9 | of meeting any of those
requirements at the time of | ||||||
10 | application.
| ||||||
11 | An applicant under 18 years of age who provides proof | ||||||
12 | acceptable to the Secretary that the applicant has resumed | ||||||
13 | regular school attendance or home instruction or that his or | ||||||
14 | her application was denied in error shall be eligible to | ||||||
15 | receive a graduated license if other requirements are met. The | ||||||
16 | Secretary shall adopt rules for implementing this subsection | ||||||
17 | (b-1).
| ||||||
18 | (c) No graduated driver's license or permit shall be issued | ||||||
19 | to
any applicant under 18
years of age who has committed the | ||||||
20 | offense of operating a motor vehicle
without a valid license or | ||||||
21 | permit in violation of Section 6-101 of this Code
or a similar | ||||||
22 | out of state offense and no graduated driver's
license or | ||||||
23 | permit shall be issued to any applicant under 18 years of age
| ||||||
24 | who has committed an offense that would otherwise result in a
| ||||||
25 | mandatory revocation of a license or permit as provided in | ||||||
26 | Section 6-205 of
this Code or who has been either convicted of |
| |||||||
| |||||||
1 | or adjudicated a delinquent based
upon a violation of the | ||||||
2 | Cannabis Control Act, the Illinois Controlled
Substances Act, | ||||||
3 | the Use of Intoxicating Compounds Act, or the Methamphetamine | ||||||
4 | Control and Community Protection Act while that individual was | ||||||
5 | in actual physical control of a motor
vehicle. For purposes of | ||||||
6 | this Section, any person placed on probation under
Section 10 | ||||||
7 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
8 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
9 | Control and Community Protection Act shall not be considered | ||||||
10 | convicted. Any person found
guilty of this offense, while in | ||||||
11 | actual physical control of a motor vehicle,
shall have an entry | ||||||
12 | made in the court record by the judge that this offense did
| ||||||
13 | occur while the person was in actual physical control of a | ||||||
14 | motor vehicle and
order the clerk of the court to report the | ||||||
15 | violation to the Secretary of State
as such.
| ||||||
16 | (d) No graduated driver's license shall be issued for 9 | ||||||
17 | months to any
applicant
under
the
age of 18 years who has | ||||||
18 | committed and subsequently been convicted of an offense against | ||||||
19 | traffic regulations governing the movement of vehicles or any | ||||||
20 | violation of this Section or Section 12-603.1 of this Code.
| ||||||
21 | (e) No graduated driver's license holder under the age
of | ||||||
22 | 18 years shall operate any
motor vehicle, except a motor driven | ||||||
23 | cycle or motorcycle, with
more than one passenger in the front | ||||||
24 | seat of the motor vehicle
and no more passengers in the back | ||||||
25 | seats than the number of available seat
safety belts as set | ||||||
26 | forth in Section 12-603 of this Code. If a graduated driver's |
| |||||||
| |||||||
1 | license holder over the age of 18 committed an offense against | ||||||
2 | traffic regulations governing the movement of vehicles or any | ||||||
3 | violation of this Section or Section 12-603.1 of this Code in | ||||||
4 | the 6 months prior to the graduated driver's license holder's | ||||||
5 | 18th birthday, and was subsequently convicted of the violation, | ||||||
6 | the provisions of this paragraph shall continue to apply until | ||||||
7 | such time as a period of 6 consecutive months has elapsed | ||||||
8 | without an additional violation and subsequent conviction of an | ||||||
9 | offense against traffic regulations governing the movement of | ||||||
10 | vehicles or any violation of this Section or Section 12-603.1 | ||||||
11 | of this Code.
| ||||||
12 | (f) No graduated driver's license holder under the age of | ||||||
13 | 18 shall operate a
motor vehicle unless each driver and | ||||||
14 | passenger under the
age of 19 is wearing a properly adjusted | ||||||
15 | and fastened seat safety belt and each child under the age of 8 | ||||||
16 | is protected as required under the Child Passenger Protection | ||||||
17 | Act. If a graduated driver's license holder over the age of 18 | ||||||
18 | committed an offense against traffic regulations governing the | ||||||
19 | movement of vehicles or any violation of this Section or | ||||||
20 | Section 12-603.1 of this Code in the 6 months prior to the | ||||||
21 | graduated driver's license holder's 18th birthday, and was | ||||||
22 | subsequently convicted of the violation, the provisions of this | ||||||
23 | paragraph shall continue to apply until such time as a period | ||||||
24 | of 6 consecutive months has elapsed without an additional | ||||||
25 | violation and subsequent conviction of an offense against | ||||||
26 | traffic regulations governing the movement of vehicles or any |
| |||||||
| |||||||
1 | violation of this Section or Section 12-603.1 of this Code.
| ||||||
2 | (g) If a graduated driver's license holder is under the age | ||||||
3 | of 18 when he
or she receives the license, for the first 12 | ||||||
4 | months he or she holds the license
or
until he or she reaches | ||||||
5 | the age of 18, whichever occurs sooner, the graduated
license
| ||||||
6 | holder may not operate a motor vehicle with more than one | ||||||
7 | passenger in the
vehicle
who is under the age of 20, unless any | ||||||
8 | additional passenger or passengers are
siblings, | ||||||
9 | step-siblings, children, or stepchildren of the driver. If a | ||||||
10 | graduated driver's license holder committed an offense against | ||||||
11 | traffic regulations governing the movement of vehicles or any | ||||||
12 | violation of this Section or Section 12-603.1 of this Code | ||||||
13 | during the first 12 months the license is held and subsequently | ||||||
14 | is convicted of the violation, the provisions of this paragraph | ||||||
15 | shall remain in effect until such time as a period of 6 | ||||||
16 | consecutive months has elapsed without an additional violation | ||||||
17 | and subsequent conviction of an offense against traffic | ||||||
18 | regulations governing the movement of vehicles or any violation | ||||||
19 | of this Section or Section 12-603.1 of this Code.
| ||||||
20 | (h) It shall be an offense for a person that is age 15, but | ||||||
21 | under age 20, to be a passenger in a vehicle operated by a | ||||||
22 | driver holding a graduated driver's license during the first 12 | ||||||
23 | months the driver holds the license or until the driver reaches | ||||||
24 | the age of 18, whichever occurs sooner, if another passenger | ||||||
25 | under the age of 20 is present, excluding a sibling, | ||||||
26 | step-sibling, child, or step-child of the driver.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-239, eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, | ||||||
2 | eff. 9-11-05; 94-897, eff. 6-22-06; 94-916, eff. 7-1-07; | ||||||
3 | 95-310, eff. 1-1-08; 95-331, eff. 8-21-07.)
| ||||||
4 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| ||||||
5 | Sec. 6-110. Licenses issued to drivers.
| ||||||
6 | (a) The Secretary of State shall issue to every qualifying | ||||||
7 | applicant a
driver's license as applied for, which license | ||||||
8 | shall bear a
distinguishing
number assigned to the licensee, | ||||||
9 | the legal name,
signature, zip
code, date of birth, residence | ||||||
10 | address, and a brief description of the
licensee , and
a space | ||||||
11 | where the licensee may write his usual signature .
| ||||||
12 | Licenses issued shall also indicate the classification and
| ||||||
13 | the restrictions under Section 6-104 of this Code.
| ||||||
14 | In lieu of the social security number, the Secretary may in | ||||||
15 | his
discretion substitute a federal tax number or other | ||||||
16 | distinctive number.
| ||||||
17 | A driver's license issued may, in the discretion of the | ||||||
18 | Secretary,
include a suitable photograph of a type prescribed | ||||||
19 | by the Secretary.
| ||||||
20 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
21 | one of the exceptions in subsection (a-2) apply, the license | ||||||
22 | shall, as a matter of law, be invalid for the operation of any | ||||||
23 | motor vehicle during the following times: | ||||||
24 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
25 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on |
| |||||||
| |||||||
1 | Sunday; and | ||||||
2 | (C) Between 10:00 p.m. on Sunday to Thursday, | ||||||
3 | inclusive, and 6:00 a.m. on the following day. | ||||||
4 | (a-2) The driver's license of a person under the age of 18 | ||||||
5 | shall not be invalid as described in subsection (a-1) of this | ||||||
6 | Section if the licensee under the age of 18 was: | ||||||
7 | (1) accompanied by the licensee's parent or guardian or | ||||||
8 | other person in custody or control of the minor; | ||||||
9 | (2) on an errand at the direction of the minor's parent | ||||||
10 | or guardian, without any detour or stop; | ||||||
11 | (3) in a motor vehicle involved in interstate travel; | ||||||
12 | (4) going to or returning home from an employment | ||||||
13 | activity, without any detour or stop; | ||||||
14 | (5) involved in an emergency; | ||||||
15 | (6) going to or returning home from, without any detour | ||||||
16 | or stop, an official school, religious, or other | ||||||
17 | recreational activity supervised by adults and sponsored | ||||||
18 | by a government or governmental agency, a civic | ||||||
19 | organization, or another similar entity that takes | ||||||
20 | responsibility for the licensee, without any detour or | ||||||
21 | stop; | ||||||
22 | (7) exercising First Amendment rights protected by the | ||||||
23 | United States Constitution, such as the free exercise of | ||||||
24 | religion, freedom of speech, and the right of assembly; or | ||||||
25 | (8) married or had been married or is an emancipated | ||||||
26 | minor under the Emancipation of Minors Act. |
| |||||||
| |||||||
1 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
2 | age and has been licensed for at least 12 months is not invalid | ||||||
3 | as described in subsection (a-1) of this Section while the | ||||||
4 | licensee is participating as an assigned driver in a Safe Rides | ||||||
5 | program that meets the following criteria: | ||||||
6 | (1) the program is sponsored by the Boy Scouts of | ||||||
7 | America or another national public service organization; | ||||||
8 | and | ||||||
9 | (2) the sponsoring organization carries liability | ||||||
10 | insurance covering the program. | ||||||
11 | (a-3) If a graduated driver's license holder over the age | ||||||
12 | of 18 committed an offense against traffic regulations | ||||||
13 | governing the movement of vehicles or any violation of Section | ||||||
14 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
15 | the graduated driver's license holder's 18th birthday, and was | ||||||
16 | subsequently convicted of the offense, the provisions of | ||||||
17 | subsection (a-1) shall continue to apply until such time as a | ||||||
18 | period of 6 consecutive months has elapsed without an | ||||||
19 | additional violation and subsequent conviction of an offense | ||||||
20 | against traffic regulations governing the movement of vehicles | ||||||
21 | or Section 6-107 or Section 12-603.1 of this Code.
| ||||||
22 | (b) Until the Secretary of State establishes a First Person | ||||||
23 | Consent organ and tissue donor registry under Section 6-117 of | ||||||
24 | this Code, the Secretary of State shall provide a format on the | ||||||
25 | reverse of
each driver's license issued which the licensee may | ||||||
26 | use to execute a document
of gift conforming to the provisions |
| |||||||
| |||||||
1 | of the Illinois Anatomical Gift Act.
The format shall allow the | ||||||
2 | licensee to indicate the gift intended, whether
specific | ||||||
3 | organs, any organ, or the entire body, and shall accommodate | ||||||
4 | the
signatures of the donor and 2 witnesses. The Secretary | ||||||
5 | shall also inform
each applicant or licensee of this format, | ||||||
6 | describe the procedure for its
execution, and may offer the | ||||||
7 | necessary witnesses; provided that in so doing,
the Secretary | ||||||
8 | shall advise the applicant or licensee that he or she is
under | ||||||
9 | no compulsion to execute a document of gift. A brochure
| ||||||
10 | explaining this method of executing an anatomical gift document | ||||||
11 | shall be given
to each applicant or licensee. The brochure | ||||||
12 | shall advise the applicant or
licensee that he or she is under | ||||||
13 | no compulsion to execute a document of
gift, and that he or she | ||||||
14 | may wish to consult with family, friends or clergy
before doing | ||||||
15 | so. The Secretary of State may undertake additional efforts,
| ||||||
16 | including education and awareness activities, to promote organ | ||||||
17 | and tissue
donation.
| ||||||
18 | (c) The Secretary of State shall designate on each driver's | ||||||
19 | license issued
a space where the licensee may place a sticker | ||||||
20 | or decal of the uniform
size as the Secretary may specify, | ||||||
21 | which sticker or decal may indicate in
appropriate language | ||||||
22 | that the owner of the license carries an Emergency
Medical | ||||||
23 | Information Card.
| ||||||
24 | The sticker may be provided by any person, hospital, | ||||||
25 | school,
medical group, or association interested in assisting | ||||||
26 | in implementing
the Emergency Medical Information Card, but |
| |||||||
| |||||||
1 | shall meet the specifications
as the Secretary may by rule or | ||||||
2 | regulation require.
| ||||||
3 | (d) The Secretary of State shall designate on each driver's | ||||||
4 | license issued
a space where the licensee may indicate his | ||||||
5 | blood type and RH factor.
| ||||||
6 | (e) The Secretary of State shall provide
that each original | ||||||
7 | or renewal driver's license issued to a licensee under
21 years | ||||||
8 | of age shall be of a distinct nature from those driver's | ||||||
9 | licenses
issued to individuals 21 years of age and older. The | ||||||
10 | color designated for
driver's licenses for licensees under 21 | ||||||
11 | years of age shall be at the
discretion of the Secretary of | ||||||
12 | State.
| ||||||
13 | (e-1) The Secretary shall provide that each driver's | ||||||
14 | license issued to a
person under the age of 21 displays the | ||||||
15 | date upon which the person becomes 18
years of age and the date | ||||||
16 | upon which the person becomes 21 years of age.
| ||||||
17 | (f) The Secretary of State shall inform all Illinois | ||||||
18 | licensed
commercial motor vehicle operators of the | ||||||
19 | requirements of the Uniform
Commercial Driver License Act, | ||||||
20 | Article V of this Chapter, and shall make
provisions to insure | ||||||
21 | that all drivers, seeking to obtain a commercial
driver's | ||||||
22 | license, be afforded an opportunity prior to April 1, 1992, to
| ||||||
23 | obtain the license. The Secretary is authorized to extend
| ||||||
24 | driver's license expiration dates, and assign specific times, | ||||||
25 | dates and
locations where these commercial driver's tests shall | ||||||
26 | be conducted. Any
applicant, regardless of the current |
| |||||||
| |||||||
1 | expiration date of the applicant's
driver's license, may be | ||||||
2 | subject to any assignment by the Secretary.
Failure to comply | ||||||
3 | with the Secretary's assignment may result in the
applicant's | ||||||
4 | forfeiture of an opportunity to receive a commercial driver's
| ||||||
5 | license prior to April 1, 1992.
| ||||||
6 | (g) The Secretary of State shall designate on a
driver's | ||||||
7 | license issued, a space where the licensee may indicate that he | ||||||
8 | or
she has drafted a living will in accordance with the | ||||||
9 | Illinois Living Will
Act or a durable power of attorney for | ||||||
10 | health care in accordance with the
Illinois Power of Attorney | ||||||
11 | Act.
| ||||||
12 | (g-1) The Secretary of State, in his or her discretion, may | ||||||
13 | designate on
each driver's license issued a space where the | ||||||
14 | licensee may place a sticker or
decal, issued by the Secretary | ||||||
15 | of State, of uniform size as the Secretary may
specify, that | ||||||
16 | shall indicate in appropriate language that the owner of the
| ||||||
17 | license has renewed his or her driver's license.
| ||||||
18 | (h) A person who acts in good faith in accordance with the | ||||||
19 | terms of
this Section is not liable for damages in any civil | ||||||
20 | action or subject to
prosecution in any criminal proceeding for | ||||||
21 | his or her act.
| ||||||
22 | (Source: P.A. 94-75, eff. 1-1-06; 94-930, eff. 6-26-06; 95-310, | ||||||
23 | eff. 1-1-08; 95-747, eff. 7-22-08.)
| ||||||
24 | (625 ILCS 5/6-203.1) (from Ch. 95 1/2, par. 6-203.1)
| ||||||
25 | Sec. 6-203.1.
(a) The Secretary of State is authorized to |
| |||||||
| |||||||
1 | suspend , for the period set forth in Section 6-208.1, the
| ||||||
2 | driving privileges of persons arrested in another state for | ||||||
3 | driving under
the influence of alcohol, other drug or drugs, or | ||||||
4 | intoxicating compound or
compounds, or any combination | ||||||
5 | thereof, or a similar
provision, and who has refused to submit | ||||||
6 | to a chemical test or tests under
the provisions of implied | ||||||
7 | consent.
| ||||||
8 | (b) When a driving privilege has been suspended for a | ||||||
9 | refusal as
provided in paragraph (a) and the person is | ||||||
10 | subsequently convicted of the
underlying charge, for the same | ||||||
11 | incident, any period served on suspension
shall be credited | ||||||
12 | toward the minimum period of revocation of driving
privileges | ||||||
13 | imposed pursuant to Section 6-206.
| ||||||
14 | (Source: P.A. 90-779, eff. 1-1-99.)
| ||||||
15 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
| ||||||
16 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
17 | Hardship cases.
| ||||||
18 | (a) Except as provided in this Section, the Secretary of | ||||||
19 | State shall
immediately revoke the license, permit, or driving | ||||||
20 | privileges of
any driver upon receiving a
report of the | ||||||
21 | driver's conviction of any of the following offenses:
| ||||||
22 | 1. Reckless homicide resulting from the operation of a | ||||||
23 | motor vehicle;
| ||||||
24 | 2. Violation of Section 11-501 of this Code or a | ||||||
25 | similar provision of
a local ordinance relating to the |
| |||||||
| |||||||
1 | offense of operating or being in physical
control of a | ||||||
2 | vehicle while under the influence of alcohol, other drug or
| ||||||
3 | drugs, intoxicating compound or compounds, or any | ||||||
4 | combination thereof;
| ||||||
5 | 3. Any felony under the laws of any State or the | ||||||
6 | federal government
in the commission of which a motor | ||||||
7 | vehicle was used;
| ||||||
8 | 4. Violation of Section 11-401 of this Code relating to | ||||||
9 | the offense of
leaving the scene of a traffic accident | ||||||
10 | involving death or personal injury;
| ||||||
11 | 5. Perjury or the making of a false affidavit or | ||||||
12 | statement under
oath to the Secretary of State under this | ||||||
13 | Code or under any
other law relating to the ownership or | ||||||
14 | operation of motor vehicles;
| ||||||
15 | 6. Conviction upon 3 charges of violation of Section | ||||||
16 | 11-503 of this
Code relating to the offense of reckless | ||||||
17 | driving committed within a
period of 12 months;
| ||||||
18 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
19 | of this Code;
| ||||||
20 | 8. Violation of Section 11-504 of this Code relating to | ||||||
21 | 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 arising from
the use of a motor vehicle;
| ||||||
25 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
26 | to aggravated
fleeing or attempting to elude a peace |
| |||||||
| |||||||
1 | officer;
| ||||||
2 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
3 | Section 6-507,
or a similar law of any other state, | ||||||
4 | relating to the
unlawful operation of a commercial motor | ||||||
5 | vehicle;
| ||||||
6 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
7 | this Code or a
similar provision of a local ordinance if | ||||||
8 | the driver has been previously
convicted of a violation of | ||||||
9 | that Section or a similar provision of a local
ordinance | ||||||
10 | and the driver was less than 21 years of age at the time of | ||||||
11 | the
offense;
| ||||||
12 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
13 | this Code or a similar provision of a local ordinance | ||||||
14 | relating to the offense of street racing ; .
| ||||||
15 | 15. A second or subsequent conviction of driving while | ||||||
16 | the person's driver's license, permit or privileges was | ||||||
17 | revoked for reckless homicide or a similar out-of-state | ||||||
18 | offense. | ||||||
19 | (b) The Secretary of State shall also immediately revoke | ||||||
20 | the license
or permit of any driver in the following | ||||||
21 | situations:
| ||||||
22 | 1. Of any minor upon receiving the notice provided for | ||||||
23 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
24 | minor has been
adjudicated under that Act as having | ||||||
25 | committed an offense relating to
motor vehicles prescribed | ||||||
26 | in Section 4-103 of this Code;
|
| |||||||
| |||||||
1 | 2. Of any person when any other law of this State | ||||||
2 | requires either the
revocation or suspension of a license | ||||||
3 | or permit;
| ||||||
4 | 3. Of any person adjudicated under the Juvenile Court | ||||||
5 | Act of 1987 based on an offense determined to have been | ||||||
6 | committed in furtherance of the criminal activities of an | ||||||
7 | organized gang as provided in Section 5-710 of that Act, | ||||||
8 | and that involved the operation or use of a motor vehicle | ||||||
9 | or the use of a driver's license or permit. The revocation | ||||||
10 | shall remain in effect for the period determined by the | ||||||
11 | court. Upon the direction of the court, the Secretary shall | ||||||
12 | issue the person a judicial driving permit, also known as a | ||||||
13 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
14 | issued under Section 6-206.1, except that the court may | ||||||
15 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
16 | effective immediately.
| ||||||
17 | (c)(1) Except as provided in subsection (c-5), whenever a | ||||||
18 | person is convicted of any of the offenses enumerated in
this | ||||||
19 | Section, the court may recommend and the Secretary of State in | ||||||
20 | his
discretion, without regard to whether the recommendation is | ||||||
21 | made by the
court may, upon application,
issue to the person a
| ||||||
22 | restricted driving permit granting the privilege of driving a | ||||||
23 | motor
vehicle between the petitioner's residence and | ||||||
24 | petitioner's place
of employment or within the scope of the | ||||||
25 | petitioner's employment related
duties, or to allow the | ||||||
26 | petitioner to transport himself or herself or a family member
|
| |||||||
| |||||||
1 | of the petitioner's household to a medical facility for the | ||||||
2 | receipt of necessary medical care or to allow the
petitioner to | ||||||
3 | transport himself or herself to and from alcohol or drug | ||||||
4 | remedial or rehabilitative activity recommended by a licensed | ||||||
5 | service provider, or to allow the
petitioner to transport | ||||||
6 | himself or herself or a family member of the petitioner's | ||||||
7 | household to classes, as a student, at an accredited | ||||||
8 | educational
institution, or to allow the petitioner to | ||||||
9 | transport children living in the petitioner's household to and | ||||||
10 | from daycare; if the petitioner is able to demonstrate that no | ||||||
11 | alternative means
of transportation is reasonably available | ||||||
12 | and that the petitioner will not endanger
the public safety or | ||||||
13 | welfare; provided that the Secretary's discretion shall be
| ||||||
14 | limited to cases where undue hardship, as defined by the rules | ||||||
15 | of the Secretary of State, would result from a failure to issue | ||||||
16 | the
restricted driving permit. Those multiple offenders | ||||||
17 | identified in subdivision (b)4 of Section 6-208 of this Code, | ||||||
18 | however, shall not be eligible for the issuance of a restricted | ||||||
19 | driving permit.
| ||||||
20 | (2) If a person's license or permit is revoked or | ||||||
21 | suspended due to 2 or
more convictions of violating Section | ||||||
22 | 11-501 of this Code or a similar
provision of a local | ||||||
23 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
24 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
25 | other drugs is recited as an element of the offense, or a | ||||||
26 | similar out-of-state offense, or a combination of these |
| |||||||
| |||||||
1 | offenses, arising out
of separate occurrences, that | ||||||
2 | person, if issued a restricted driving permit,
may not | ||||||
3 | operate a vehicle unless it has been equipped with an | ||||||
4 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
5 | (3) If:
| ||||||
6 | (A) a person's license or permit is revoked or | ||||||
7 | suspended 2 or more
times within a 10 year period due | ||||||
8 | to any combination of: | ||||||
9 | (i)
a single conviction of violating Section
| ||||||
10 | 11-501 of this Code or a similar provision of a | ||||||
11 | local ordinance or a similar
out-of-state offense, | ||||||
12 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
13 | the use of alcohol or other drugs is recited as an | ||||||
14 | element of the offense, or a similar out-of-state | ||||||
15 | offense; or | ||||||
16 | (ii)
a statutory summary suspension under | ||||||
17 | Section
11-501.1; or | ||||||
18 | (iii)
a suspension pursuant to Section | ||||||
19 | 6-203.1;
| ||||||
20 | arising out of
separate occurrences; or | ||||||
21 | (B)
a person has been convicted of one violation of | ||||||
22 | Section 6-303 of this Code committed while his or her | ||||||
23 | driver's license, permit, or privilege was revoked | ||||||
24 | because of a violation of Section 9-3 of the Criminal | ||||||
25 | Code of 1961, relating to the offense of reckless | ||||||
26 | homicide where the use of alcohol or other drugs was |
| |||||||
| |||||||
1 | recited as an element of the offense , or a similar | ||||||
2 | provision of a law of another state ;
, | ||||||
3 | that person, if issued a restricted
driving permit, may not | ||||||
4 | operate a vehicle unless it has been equipped with an
| ||||||
5 | ignition interlock device as defined in Section 1-129.1. | ||||||
6 | (4)
The person issued a permit conditioned on the use | ||||||
7 | of an ignition interlock device must pay to the Secretary | ||||||
8 | of State DUI Administration Fund an amount
not to exceed | ||||||
9 | $30 per month. The Secretary shall establish by rule the | ||||||
10 | amount
and the procedures, terms, and conditions relating | ||||||
11 | to these fees. | ||||||
12 | (5)
If the restricted driving permit is issued for | ||||||
13 | employment purposes, then
the prohibition against | ||||||
14 | operating a motor vehicle that is not equipped with an | ||||||
15 | ignition interlock device does not apply to the operation | ||||||
16 | of an occupational vehicle
owned or leased by that person's | ||||||
17 | employer when used solely for employment purposes. | ||||||
18 | (6)
In each case the Secretary of State may issue a
| ||||||
19 | restricted driving permit for a period he deems | ||||||
20 | appropriate, except that the
permit shall expire within one | ||||||
21 | year from the date of issuance. The Secretary
may not, | ||||||
22 | however, issue a restricted driving permit to any person | ||||||
23 | whose current
revocation is the result of a second or | ||||||
24 | subsequent conviction for a violation
of Section 11-501 of | ||||||
25 | this Code or a similar provision of a local ordinance
or | ||||||
26 | any similar out-of-state offense, or Section 9-3 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961, where the use of alcohol or other | ||||||
2 | drugs is recited as an element of the offense, or any | ||||||
3 | similar out-of-state offense, or any combination of these | ||||||
4 | offenses, until the expiration of at least one year from | ||||||
5 | the date of the
revocation. A restricted
driving permit | ||||||
6 | issued under this Section shall be
subject to cancellation, | ||||||
7 | revocation, and suspension by the Secretary of
State in | ||||||
8 | like manner and for like cause as a driver's license issued
| ||||||
9 | under this Code may be cancelled, revoked, or
suspended; | ||||||
10 | except that a conviction upon one or more offenses against | ||||||
11 | laws or
ordinances regulating the movement of traffic shall | ||||||
12 | be deemed sufficient cause
for the revocation, suspension, | ||||||
13 | or cancellation of a restricted driving permit.
The | ||||||
14 | Secretary of State may, as a condition to the issuance of a | ||||||
15 | restricted
driving permit, require the petitioner to | ||||||
16 | participate in a designated driver
remedial or | ||||||
17 | rehabilitative program. The Secretary of State is | ||||||
18 | authorized to
cancel a restricted driving permit if the | ||||||
19 | permit holder does not successfully
complete the program. | ||||||
20 | However, if an individual's driving privileges have been
| ||||||
21 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
22 | of this Section, no
restricted driving permit shall be | ||||||
23 | issued until the individual has served 6
months of the | ||||||
24 | revocation period.
| ||||||
25 | (c-5) (Blank). The Secretary may not issue a restricted | ||||||
26 | driving permit to any person who has been convicted of a second |
| |||||||
| |||||||
1 | or subsequent violation of Section 6-303 of this Code committed | ||||||
2 | while his or her driver's license, permit, or privilege was | ||||||
3 | revoked because of a violation of Section 9-3 of the Criminal | ||||||
4 | Code of 1961, relating to the offense of reckless homicide, or | ||||||
5 | a similar provision of a law of another state.
| ||||||
6 | (c-6) If a person is convicted of a second violation of | ||||||
7 | operating a motor vehicle while the person's driver's license, | ||||||
8 | permit or privilege was revoked, where the revocation was for a | ||||||
9 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
10 | to the offense of reckless homicide or a similar out-of-state | ||||||
11 | offense, the person's driving privileges shall be revoked | ||||||
12 | pursuant to subdivision (a)(15) of this Section. The person may | ||||||
13 | not make application for a license or permit until the | ||||||
14 | expiration of five years from the effective date of the | ||||||
15 | revocation or the expiration of five years from the date of | ||||||
16 | release from a term of imprisonment, whichever is later. | ||||||
17 | (c-7) If a person is convicted of a third or subsequent | ||||||
18 | violation of operating a motor vehicle while the person's | ||||||
19 | driver's license, permit or privilege was revoked, where the | ||||||
20 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
21 | Code of 1961 relating to the offense of reckless homicide or a | ||||||
22 | similar out-of-state offense, the person may never apply for a | ||||||
23 | license or permit. | ||||||
24 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
25 | under Section
11-501 of this Code or a similar provision of a | ||||||
26 | local ordinance or a similar out-of-state offense, the
|
| |||||||
| |||||||
1 | Secretary of State shall revoke the driving privileges of that | ||||||
2 | person. One
year after the date of revocation, and upon | ||||||
3 | application, the Secretary of
State may, if satisfied that the | ||||||
4 | person applying will not endanger the
public safety or welfare, | ||||||
5 | issue a restricted driving permit granting the
privilege of | ||||||
6 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
7 | p.m. or as otherwise provided by this Section for a period of | ||||||
8 | one year.
After this one year period, and upon reapplication | ||||||
9 | for a license as
provided in Section 6-106, upon payment of the | ||||||
10 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
11 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
12 | reinstate the petitioner's driver's license and driving | ||||||
13 | privileges, or extend the restricted driving permit as many | ||||||
14 | times as the
Secretary of State deems appropriate, by | ||||||
15 | additional periods of not more than
12 months each.
| ||||||
16 | (2) If a person's license or permit is revoked or | ||||||
17 | suspended due to 2 or
more convictions of violating Section | ||||||
18 | 11-501 of this Code or a similar
provision of a local | ||||||
19 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
20 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
21 | other drugs is recited as an element of the offense, or a | ||||||
22 | similar out-of-state offense, or a combination of these | ||||||
23 | offenses, arising out
of separate occurrences, that | ||||||
24 | person, if issued a restricted driving permit,
may not | ||||||
25 | operate a vehicle unless it has been equipped with an | ||||||
26 | ignition
interlock device as defined in Section 1-129.1.
|
| |||||||
| |||||||
1 | (3) If a person's license or permit is revoked or | ||||||
2 | suspended 2 or more times
within a 10 year period due to | ||||||
3 | any combination of: | ||||||
4 | (A) a single conviction of violating Section | ||||||
5 | 11-501
of this
Code or a similar provision of a local | ||||||
6 | ordinance or a similar out-of-state
offense, or | ||||||
7 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
8 | of alcohol or other drugs is recited as an element of | ||||||
9 | the offense, or a similar out-of-state offense; or | ||||||
10 | (B)
a statutory summary suspension under Section | ||||||
11 | 11-501.1; or | ||||||
12 | (C) a suspension pursuant to Section 6-203.1; | ||||||
13 | arising out of separate occurrences, that person, if issued | ||||||
14 | a
restricted
driving permit, may not operate a vehicle | ||||||
15 | unless it has been equipped with an
ignition interlock | ||||||
16 | device as defined in Section 1-129.1. | ||||||
17 | (4)
The person issued a permit conditioned upon the use | ||||||
18 | of an interlock device must pay to the Secretary of State | ||||||
19 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
20 | month. The Secretary shall establish by rule the amount
and | ||||||
21 | the procedures, terms, and conditions relating to these | ||||||
22 | fees. | ||||||
23 | (5)
If the restricted driving permit is issued for | ||||||
24 | employment purposes, then
the prohibition against driving | ||||||
25 | a vehicle that is not equipped with an ignition interlock | ||||||
26 | device does not apply to the operation of an occupational |
| |||||||
| |||||||
1 | vehicle
owned or leased by that person's employer when used | ||||||
2 | solely for employment purposes. | ||||||
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, | ||||||
17 | relating to the offense of reckless homicide, or a similar | ||||||
18 | provision of a law of another state, is permanent. The | ||||||
19 | Secretary may not, at any time, issue a license or permit to | ||||||
20 | 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.
|
| |||||||
| |||||||
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. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08; | ||||||
22 | 95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07; | ||||||
23 | 95-627, eff. 6-1-08; 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; | ||||||
24 | revised 9-10-08.)
| ||||||
25 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
|
| |||||||
| |||||||
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 death or | ||||||
25 | injury requiring
immediate professional treatment in a | ||||||
26 | medical facility or doctor's office
to any person, except |
| |||||||
| |||||||
1 | that any suspension or revocation imposed by the
Secretary | ||||||
2 | of State under the provisions of this subsection shall | ||||||
3 | start no
later than 6 months after being convicted of | ||||||
4 | violating a law or
ordinance regulating the movement of | ||||||
5 | traffic, which violation is related
to the accident, or | ||||||
6 | shall start not more than one year
after
the date of the | ||||||
7 | accident, 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 |
| |||||||
| |||||||
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 relating to criminal trespass to | ||||||
21 | vehicles in which case, the suspension
shall be for one | ||||||
22 | 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 |
| |||||||
| |||||||
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 relating
to unlawful use of | ||||||
18 | weapons, in which case the suspension shall be for one
| ||||||
19 | year;
| ||||||
20 | 23. Has, as a driver, been convicted of committing 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 of or |
| |||||||
| |||||||
1 | for a traffic related offense that is the
same as or | ||||||
2 | similar to an offense specified under Section 6-205 or | ||||||
3 | 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 of the illegal possession, while | ||||||
14 | operating or
in actual physical control, as a driver, of a | ||||||
15 | motor vehicle, of any
controlled substance prohibited | ||||||
16 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
17 | prohibited under the Cannabis Control
Act, or any | ||||||
18 | methamphetamine prohibited under the Methamphetamine | ||||||
19 | Control and Community Protection Act, in which case the | ||||||
20 | person's driving privileges shall be suspended for
one | ||||||
21 | year, and any driver who is convicted of a second or | ||||||
22 | subsequent
offense, within 5 years of a previous | ||||||
23 | conviction, for the illegal
possession, while operating or | ||||||
24 | in actual physical control, as a driver, of
a motor | ||||||
25 | vehicle, of any controlled substance prohibited under the | ||||||
26 | Illinois Controlled Substances Act, any cannabis
|
| |||||||
| |||||||
1 | prohibited under the Cannabis Control Act, or any | ||||||
2 | methamphetamine prohibited under the Methamphetamine | ||||||
3 | Control and Community Protection Act shall be suspended for | ||||||
4 | 5 years.
Any defendant found guilty of this offense while | ||||||
5 | operating a motor vehicle,
shall have an entry made in the | ||||||
6 | court record by the presiding judge that
this offense did | ||||||
7 | occur while the defendant was operating a motor vehicle
and | ||||||
8 | order the clerk of the court to report the violation to the | ||||||
9 | Secretary
of State;
| ||||||
10 | 29. Has been convicted of the following offenses that | ||||||
11 | were committed
while the person was operating or in actual | ||||||
12 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
13 | sexual assault,
predatory criminal sexual assault of a | ||||||
14 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
15 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
16 | soliciting for a juvenile prostitute and the manufacture, | ||||||
17 | sale or
delivery of controlled substances or instruments | ||||||
18 | used for illegal drug use
or abuse in which case the | ||||||
19 | driver's driving privileges shall be suspended
for one | ||||||
20 | year;
| ||||||
21 | 30. Has been convicted a second or subsequent time for | ||||||
22 | any
combination of the offenses named in paragraph 29 of | ||||||
23 | this subsection,
in which case the person's driving | ||||||
24 | privileges shall be suspended for 5
years;
| ||||||
25 | 31. Has refused to submit to a test as
required by | ||||||
26 | Section 11-501.6 or has submitted to a test resulting in
an |
| |||||||
| |||||||
1 | alcohol concentration of 0.08 or more or any amount of a | ||||||
2 | drug, substance, or
compound resulting from the unlawful | ||||||
3 | use or consumption of cannabis as listed
in the Cannabis | ||||||
4 | Control Act, a controlled substance as listed in the | ||||||
5 | Illinois
Controlled Substances Act, an intoxicating | ||||||
6 | compound as listed in the Use of
Intoxicating Compounds | ||||||
7 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
8 | Control and Community Protection Act, in which case the | ||||||
9 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
10 | 32. Has been convicted of Section 24-1.2 of the | ||||||
11 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
12 | of a firearm if the offender was
located in a motor vehicle | ||||||
13 | at the time the firearm was discharged, in which
case the | ||||||
14 | suspension shall be for 3 years;
| ||||||
15 | 33. Has as a driver, who was less than 21 years of age | ||||||
16 | on the date of
the offense, been convicted a first time of | ||||||
17 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
18 | or a similar provision of a local ordinance;
| ||||||
19 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
20 | this Code;
| ||||||
21 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
22 | this Code;
| ||||||
23 | 36. Is under the age of 21 years at the time of arrest | ||||||
24 | and has been
convicted of not less than 2 offenses against | ||||||
25 | traffic regulations governing
the movement of vehicles | ||||||
26 | committed within any 24 month period. No revocation
or |
| |||||||
| |||||||
1 | suspension shall be entered more than 6 months after the | ||||||
2 | date of last
conviction;
| ||||||
3 | 37. Has committed a violation of subsection (c) of | ||||||
4 | Section 11-907 of this
Code that resulted in damage to the | ||||||
5 | property of another or the death or injury of another;
| ||||||
6 | 38. Has been convicted of a violation of Section 6-20 | ||||||
7 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
8 | a local ordinance;
| ||||||
9 | 39. Has committed a second or subsequent violation of | ||||||
10 | Section
11-1201 of this Code;
| ||||||
11 | 40. Has committed a violation of subsection (a-1) of | ||||||
12 | Section 11-908 of
this Code; | ||||||
13 | 41. Has committed a second or subsequent violation of | ||||||
14 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
15 | the previous violation, in which case the suspension shall | ||||||
16 | be for 90 days; | ||||||
17 | 42. Has committed a violation of subsection (a-1) of | ||||||
18 | Section 11-1301.3 of this Code;
| ||||||
19 | 43. Has received a disposition of court supervision for | ||||||
20 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
21 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
22 | a local ordinance, in which case the suspension shall be | ||||||
23 | for a period of 3 months;
| ||||||
24 | 44.
Is under the age of 21 years at the time of arrest | ||||||
25 | and has been convicted of an offense against traffic | ||||||
26 | regulations governing the movement of vehicles after |
| |||||||
| |||||||
1 | having previously had his or her driving privileges
| ||||||
2 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
3 | Section; or | ||||||
4 | 45.
Has, in connection with or during the course of a | ||||||
5 | formal hearing conducted under Section 2-118 of this Code: | ||||||
6 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
7 | falsified documents; (iii) submitted documents that have | ||||||
8 | been materially altered; or (iv) submitted, as his or her | ||||||
9 | own, documents that were in fact prepared or composed for | ||||||
10 | another person.
| ||||||
11 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
12 | and 27 of this
subsection, license means any driver's license, | ||||||
13 | any traffic ticket issued when
the person's driver's license is | ||||||
14 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
15 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
16 | a probationary driver's license or a temporary driver's | ||||||
17 | license.
| ||||||
18 | (b) If any conviction forming the basis of a suspension or
| ||||||
19 | revocation authorized under this Section is appealed, the
| ||||||
20 | Secretary of State may rescind or withhold the entry of the | ||||||
21 | order of suspension
or revocation, as the case may be, provided | ||||||
22 | that a certified copy of a stay
order of a court is filed with | ||||||
23 | the Secretary of State. If the conviction is
affirmed on | ||||||
24 | appeal, the date of the conviction shall relate back to the | ||||||
25 | time
the original judgment of conviction was entered and the 6 | ||||||
26 | month limitation
prescribed shall not apply.
|
| |||||||
| |||||||
1 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
2 | permit of
any person as authorized in this Section, the | ||||||
3 | Secretary of State shall
immediately notify the person in | ||||||
4 | writing of the revocation or suspension.
The notice to be | ||||||
5 | deposited in the United States mail, postage prepaid,
to the | ||||||
6 | last known address of the person.
| ||||||
7 | 2. If the Secretary of State suspends the driver's | ||||||
8 | license
of a person under subsection 2 of paragraph (a) of | ||||||
9 | this Section, a
person's privilege to operate a vehicle as | ||||||
10 | an occupation shall not be
suspended, provided an affidavit | ||||||
11 | is properly completed, the appropriate fee
received, and a | ||||||
12 | permit issued prior to the effective date of the
| ||||||
13 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
14 | which occurred
while operating a commercial vehicle in | ||||||
15 | connection with the driver's
regular occupation. All other | ||||||
16 | driving privileges shall be suspended by the
Secretary of | ||||||
17 | State. Any driver prior to operating a vehicle for
| ||||||
18 | occupational purposes only must submit the affidavit on | ||||||
19 | forms to be
provided by the Secretary of State setting | ||||||
20 | forth the facts of the person's
occupation. The affidavit | ||||||
21 | shall also state the number of offenses
committed while | ||||||
22 | operating a vehicle in connection with the driver's regular
| ||||||
23 | 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 |
| |||||||
| |||||||
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 | ||||||
4 | set forth in the notice that was
mailed under this Section. | ||||||
5 | If an affidavit is received subsequent to the
effective | ||||||
6 | date of this suspension, a permit may be issued for the | ||||||
7 | remainder
of the suspension period.
| ||||||
8 | The provisions of this subparagraph shall not apply to | ||||||
9 | any driver
required to possess a CDL for the purpose of | ||||||
10 | operating a commercial motor vehicle.
| ||||||
11 | Any person who falsely states any fact in the affidavit | ||||||
12 | required
herein shall be guilty of perjury under Section | ||||||
13 | 6-302 and upon conviction
thereof shall have all driving | ||||||
14 | privileges revoked without further rights.
| ||||||
15 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
16 | of this Code,
the Secretary of State shall either rescind | ||||||
17 | or continue an order of
revocation or shall substitute an | ||||||
18 | order of suspension; or, good
cause appearing therefor, | ||||||
19 | rescind, continue, change, or extend the
order of | ||||||
20 | suspension. If the Secretary of State does not rescind the | ||||||
21 | order,
the Secretary may upon application,
to relieve undue | ||||||
22 | hardship (as defined by the rules of the Secretary of | ||||||
23 | State), issue
a restricted driving permit granting the | ||||||
24 | privilege of driving a motor
vehicle between the | ||||||
25 | petitioner's residence and petitioner's place of
| ||||||
26 | employment or within the scope of the petitioner's |
| |||||||
| |||||||
1 | employment related duties, or to
allow the petitioner to | ||||||
2 | transport himself or herself, or a family member of the
| ||||||
3 | petitioner's household to a medical facility, to receive | ||||||
4 | necessary medical care, to allow the petitioner to | ||||||
5 | transport himself or herself to and from alcohol or drug
| ||||||
6 | remedial or rehabilitative activity recommended by a | ||||||
7 | licensed service provider, or to allow the petitioner to | ||||||
8 | transport himself or herself or a family member of the | ||||||
9 | petitioner's household to classes, as a student, at an | ||||||
10 | accredited educational institution, or to allow the | ||||||
11 | petitioner to transport children living in the | ||||||
12 | petitioner's household to and from daycare. The
petitioner | ||||||
13 | must demonstrate that no alternative means of
| ||||||
14 | transportation is reasonably available and that the | ||||||
15 | petitioner will not endanger
the public safety or welfare. | ||||||
16 | Those multiple offenders identified in subdivision (b)4 of | ||||||
17 | Section 6-208 of this Code, however, shall not be eligible | ||||||
18 | for the issuance of a restricted driving permit.
| ||||||
19 |
(A) If a person's license or permit is revoked or | ||||||
20 | suspended due to 2
or more convictions of violating | ||||||
21 | Section 11-501 of this Code or a similar
provision of a | ||||||
22 | local ordinance or a similar out-of-state offense, or | ||||||
23 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
24 | of alcohol or other drugs is recited as an element of | ||||||
25 | the offense, or a similar out-of-state offense, or a | ||||||
26 | combination of these offenses, arising out
of separate |
| |||||||
| |||||||
1 | occurrences, that person, if issued a restricted | ||||||
2 | driving permit,
may not operate a vehicle unless it has | ||||||
3 | been equipped with an ignition
interlock device as | ||||||
4 | defined in Section 1-129.1.
| ||||||
5 | (B) If a person's license or permit is revoked or | ||||||
6 | suspended 2 or more
times within a 10 year period due | ||||||
7 | to any combination of: | ||||||
8 | (i) a single conviction of violating Section
| ||||||
9 | 11-501 of this Code or a similar provision of a | ||||||
10 | local ordinance or a similar
out-of-state offense | ||||||
11 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
12 | the use of alcohol or other drugs is recited as an | ||||||
13 | element of the offense, or a similar out-of-state | ||||||
14 | offense; or | ||||||
15 | (ii) a statutory summary suspension under | ||||||
16 | Section
11-501.1; or | ||||||
17 | (iii) a suspension under Section 6-203.1; | ||||||
18 | arising out of
separate occurrences; that person, if | ||||||
19 | issued a restricted driving permit, may
not operate a | ||||||
20 | vehicle unless it has been
equipped with an ignition | ||||||
21 | interlock device as defined in Section 1-129.1. | ||||||
22 | (C)
The person issued a permit conditioned upon the | ||||||
23 | use of an ignition interlock device must pay to the | ||||||
24 | Secretary of State DUI Administration Fund an amount
| ||||||
25 | not to exceed $30 per month. The Secretary shall | ||||||
26 | establish by rule the amount
and the procedures, terms, |
| |||||||
| |||||||
1 | and conditions relating to these fees. | ||||||
2 | (D) If the
restricted driving permit is issued for | ||||||
3 | employment purposes, then the prohibition against | ||||||
4 | operating a motor vehicle that is not equipped with an | ||||||
5 | ignition interlock device does not apply to the | ||||||
6 | operation of an occupational vehicle owned or
leased by | ||||||
7 | that person's employer when used solely for employment | ||||||
8 | purposes. | ||||||
9 | (E) In each case the Secretary may issue a
| ||||||
10 | restricted driving permit for a period deemed | ||||||
11 | appropriate, except that all
permits shall expire | ||||||
12 | within one year from the date of issuance. The | ||||||
13 | Secretary
may not, however, issue a restricted driving | ||||||
14 | permit to any person whose current
revocation is the | ||||||
15 | result of a second or subsequent conviction for a | ||||||
16 | violation
of Section 11-501 of this Code or a similar | ||||||
17 | provision of a local ordinance
or any similar | ||||||
18 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
19 | Code of 1961, where the use of alcohol or other drugs | ||||||
20 | is recited as an element of the offense, or any similar | ||||||
21 | out-of-state offense, or any combination
of those | ||||||
22 | offenses, until the expiration of at least one year | ||||||
23 | from the date of
the revocation. A
restricted driving | ||||||
24 | permit issued under this Section shall be subject to
| ||||||
25 | cancellation, revocation, and suspension by the | ||||||
26 | Secretary of State in like
manner and for like cause as |
| |||||||
| |||||||
1 | a driver's license issued under this Code may be
| ||||||
2 | cancelled, revoked, or suspended; except that a | ||||||
3 | conviction upon one or more
offenses against laws or | ||||||
4 | ordinances regulating the movement of traffic
shall be | ||||||
5 | deemed sufficient cause for the revocation, | ||||||
6 | suspension, or
cancellation of a restricted driving | ||||||
7 | permit. The Secretary of State may, as
a condition to | ||||||
8 | the issuance of a restricted driving permit, require | ||||||
9 | the
applicant to participate in a designated driver | ||||||
10 | remedial or rehabilitative
program. The Secretary of | ||||||
11 | State is authorized to cancel a restricted
driving | ||||||
12 | permit if the permit holder does not successfully | ||||||
13 | complete the program.
| ||||||
14 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
15 | subsection (a), reports received by the Secretary of State | ||||||
16 | under this Section shall, except during the actual time the | ||||||
17 | suspension is in effect, be privileged information and for use | ||||||
18 | only by the courts, police officers, prosecuting authorities, | ||||||
19 | the driver licensing administrator of any other state, or the | ||||||
20 | Secretary of State , or the parent or legal guardian of a driver | ||||||
21 | under the age of 18 . However, beginning January 1, 2008, if the | ||||||
22 | person is a CDL holder, the suspension shall also be made | ||||||
23 | available to the driver licensing administrator of any other | ||||||
24 | state, the U.S. Department of Transportation, and the affected | ||||||
25 | driver or motor
carrier or prospective motor carrier upon | ||||||
26 | request.
|
| |||||||
| |||||||
1 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
2 | subsection (a), the Secretary of State shall notify the person | ||||||
3 | by mail that his or her driving privileges and driver's license | ||||||
4 | will be suspended one month after the date of the mailing of | ||||||
5 | the notice.
| ||||||
6 | (c-5) The Secretary of State may, as a condition of the | ||||||
7 | reissuance of a
driver's license or permit to an applicant | ||||||
8 | whose driver's license or permit has
been suspended before he | ||||||
9 | or she reached the age of 21 18 years pursuant to any of
the | ||||||
10 | provisions of this Section, require the applicant to | ||||||
11 | participate in a
driver remedial education course and be | ||||||
12 | retested under Section 6-109 of this
Code.
| ||||||
13 | (d) This Section is subject to the provisions of the | ||||||
14 | Drivers License
Compact.
| ||||||
15 | (e) The Secretary of State shall not issue a restricted | ||||||
16 | driving permit to
a person under the age of 16 years whose | ||||||
17 | driving privileges have been suspended
or revoked under any | ||||||
18 | provisions of this Code.
| ||||||
19 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
20 | State may not issue a restricted driving permit for the | ||||||
21 | operation of a commercial motor vehicle to a person holding a | ||||||
22 | CDL whose driving privileges have been suspended, revoked, | ||||||
23 | cancelled, or disqualified under any provisions of this Code. | ||||||
24 | (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | ||||||
25 | 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; | ||||||
26 | 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; |
| |||||||
| |||||||
1 | 95-848, eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; | ||||||
2 | revised 9-5-08.)
| ||||||
3 | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| ||||||
4 | Sec. 6-208. Period of Suspension - Application After | ||||||
5 | Revocation.
| ||||||
6 | (a) Except as otherwise provided by this Code or any other | ||||||
7 | law of this
State, the Secretary of State shall not suspend a | ||||||
8 | driver's license,
permit, or privilege to drive a motor vehicle | ||||||
9 | on the highways for a
period of more than one year.
| ||||||
10 | (b) Any person whose license, permit, or privilege to drive | ||||||
11 | a motor
vehicle on the highways has been revoked shall not be | ||||||
12 | entitled to have
such license, permit, or privilege renewed or | ||||||
13 | restored. However, such
person may, except as provided under | ||||||
14 | subsections (d) and (d-5) of Section 6-205, make
application | ||||||
15 | for a license pursuant to Section 6-106 (i) if the revocation
| ||||||
16 | was
for a cause that
has been removed or (ii) as provided in | ||||||
17 | the following
subparagraphs:
| ||||||
18 | 1. Except as provided in subparagraphs 1.5, 2, 3,
4, | ||||||
19 | and 5,
the person may make application for a license (A) | ||||||
20 | after the expiration of one
year from the effective date of | ||||||
21 | the revocation, (B) in the case of a violation of paragraph | ||||||
22 | (b) of Section 11-401 of this
Code or a similar provision | ||||||
23 | of a local ordinance, after the expiration of 3
years from | ||||||
24 | the effective date of the revocation, or
(C) in the case of | ||||||
25 | a violation
of Section 9-3 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | a similar provision of a law of another state relating to | ||||||
2 | the offense of reckless
homicide or a violation of | ||||||
3 | subparagraph (F) of paragraph 1 of subsection (d) of | ||||||
4 | Section 11-501 of this Code relating to aggravated driving | ||||||
5 | under the influence of alcohol, other drug or drugs, | ||||||
6 | intoxicating compound or compounds, or any combination | ||||||
7 | thereof, if the violation was the proximate cause of a | ||||||
8 | death, after the expiration of 2 years from the effective | ||||||
9 | date of the
revocation
or after the expiration of 24 months | ||||||
10 | from the date of release from
a
period of imprisonment as | ||||||
11 | provided in Section
6-103 of this Code, whichever is later.
| ||||||
12 | 1.5. If the person is convicted of a violation of | ||||||
13 | Section 6-303 of this Code committed while his or her | ||||||
14 | driver's license, permit, or privilege was revoked because | ||||||
15 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
16 | relating to the offense of reckless homicide, or a similar | ||||||
17 | provision of a law of another state, the person may not | ||||||
18 | make application for a license or permit until the | ||||||
19 | expiration of 3 years from the effective date of the | ||||||
20 | conviction most recent revocation .
| ||||||
21 | 2. If such person is convicted of committing a second | ||||||
22 | violation within a 20-year
period of:
| ||||||
23 | (A) Section 11-501 of this Code or a similar | ||||||
24 | provision of a local
ordinance;
| ||||||
25 | (B) Paragraph (b) of Section 11-401 of this Code or | ||||||
26 | a similar
provision
of a local ordinance;
|
| |||||||
| |||||||
1 | (C) Section 9-3 of the Criminal Code of 1961, | ||||||
2 | relating
to the
offense of reckless homicide; or
| ||||||
3 | (D) any combination of the above offenses | ||||||
4 | committed at different
instances;
| ||||||
5 | then such person may not make application for a license | ||||||
6 | until after
the expiration of 5 years from the effective | ||||||
7 | date of the most recent
revocation. The 20-year
period | ||||||
8 | shall be computed by using the dates the
offenses were | ||||||
9 | committed and shall also include similar out-of-state
| ||||||
10 | offenses and similar offenses committed on a military | ||||||
11 | installation.
| ||||||
12 | 2.5. If a person is convicted of a second violation of | ||||||
13 | Section 6-303 of this Code committed while the person's | ||||||
14 | driver's license, permit, or privilege was revoked because | ||||||
15 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
16 | relating to the offense of reckless homicide, or a similar | ||||||
17 | provision of a law of another state, the person may not | ||||||
18 | make application for a license or permit until the | ||||||
19 | expiration of 5 years from the date of release from a term | ||||||
20 | of imprisonment.
| ||||||
21 | 3. However, except as provided in subparagraph 4, if | ||||||
22 | such person is
convicted of committing a third or
| ||||||
23 | subsequent violation or any combination of the above | ||||||
24 | offenses, including
similar out-of-state offenses and | ||||||
25 | similar offenses committed on a military installation, | ||||||
26 | contained in subparagraph 2, then such person
may not make |
| |||||||
| |||||||
1 | application for a license until after the expiration of 10 | ||||||
2 | years
from the effective date of the most recent | ||||||
3 | revocation.
| ||||||
4 | 4. The person may not make application for a license if | ||||||
5 | the person is
convicted of committing a fourth or | ||||||
6 | subsequent
violation of Section 11-501 of this Code or a | ||||||
7 | similar provision of a local
ordinance, Section 11-401 of | ||||||
8 | this Code, Section 9-3 of the
Criminal Code of 1961, or
a | ||||||
9 | combination of these offenses,
similar provisions of local | ||||||
10 | ordinances,
similar out-of-state offenses, or similar | ||||||
11 | offenses committed on a military installation.
| ||||||
12 | 5. The person may not make application for a license or | ||||||
13 | permit if the person is convicted of a third or subsequent | ||||||
14 | violation of Section 6-303 of this Code committed while his | ||||||
15 | or her driver's license, permit, or privilege was revoked | ||||||
16 | because of a violation of Section 9-3 of the Criminal Code | ||||||
17 | of 1961, relating to the offense of reckless homicide, or a | ||||||
18 | similar provision of a law of another state.
| ||||||
19 | Notwithstanding any other provision of this Code, all | ||||||
20 | persons referred to
in this paragraph (b) may not have their | ||||||
21 | privileges restored until the
Secretary receives payment of the | ||||||
22 | required reinstatement fee pursuant to
subsection (b) of | ||||||
23 | Section 6-118.
| ||||||
24 | In no event shall the Secretary issue such license
unless | ||||||
25 | and until such person has had a hearing pursuant to this Code | ||||||
26 | and
the appropriate administrative rules and the Secretary is
|
| |||||||
| |||||||
1 | satisfied, after a review or investigation of such person, that
| ||||||
2 | to grant the privilege of driving a motor vehicle on the | ||||||
3 | highways will
not endanger the public safety or welfare.
| ||||||
4 | (c) (Blank).
| ||||||
5 | (Source: P.A. 95-331, eff. 8-21-07; 95-355, eff. 1-1-08; | ||||||
6 | 95-377, eff. 1-1-08; 95-876, eff. 8-21-08.)
| ||||||
7 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
8 | (Text of Section before amendment by P.A. 95-991 ) | ||||||
9 | Sec. 6-303. Driving while driver's license, permit or | ||||||
10 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
11 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
12 | person who drives or is in actual physical control of a motor
| ||||||
13 | vehicle on any highway of this State at a time when such | ||||||
14 | person's driver's
license, permit or privilege to do so or the | ||||||
15 | privilege to obtain a driver's
license or permit is revoked or | ||||||
16 | suspended as provided by this Code or the law
of another state, | ||||||
17 | except as may be specifically allowed by a judicial driving
| ||||||
18 | permit issued prior to January 1, 2009, monitoring device | ||||||
19 | driving permit, family financial responsibility driving | ||||||
20 | permit, probationary
license to drive, or a restricted driving | ||||||
21 | permit issued pursuant to this Code
or under the law of another | ||||||
22 | state, shall be guilty of a Class A misdemeanor.
| ||||||
23 | (a-5) Any person who violates this Section as provided in | ||||||
24 | subsection (a) while his or her driver's license, permit or | ||||||
25 | privilege is revoked because of a violation of Section 9-3 of |
| |||||||
| |||||||
1 | the Criminal Code of 1961, relating to the offense of reckless | ||||||
2 | homicide or a similar provision of a law of another state, is | ||||||
3 | guilty of a Class 4 felony. The person shall be required to | ||||||
4 | undergo a professional evaluation, as provided in Section | ||||||
5 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
6 | intoxicating compound problem exists and the extent of the | ||||||
7 | problem, and to undergo the imposition of treatment as | ||||||
8 | appropriate.
| ||||||
9 | (b) (Blank). The Secretary of State upon receiving a report | ||||||
10 | of the conviction
of any violation indicating a person was | ||||||
11 | operating a motor vehicle during
the time when said person's | ||||||
12 | driver's license, permit or privilege was
suspended by the | ||||||
13 | Secretary, by the appropriate authority of another state,
or | ||||||
14 | pursuant to Section 11-501.1; except as may
be specifically | ||||||
15 | allowed by a probationary license to drive, judicial
driving | ||||||
16 | permit issued prior to January 1, 2009, monitoring device | ||||||
17 | driving permit, or restricted driving permit issued pursuant to | ||||||
18 | this Code or
the law of another state;
shall extend the | ||||||
19 | suspension for the same period of time as the originally
| ||||||
20 | imposed suspension; however, if the period of suspension has | ||||||
21 | then expired,
the Secretary shall be authorized to suspend said | ||||||
22 | person's driving
privileges for the same period of time as the | ||||||
23 | originally imposed
suspension. | ||||||
24 | (b-1) Upon receiving a report of the conviction of any | ||||||
25 | violation indicating a person was operating a motor vehicle | ||||||
26 | during the time when the person's driver's license, permit or |
| |||||||
| |||||||
1 | privilege was suspended by the Secretary of State or the | ||||||
2 | driver's licensing administrator of another state, except as | ||||||
3 | specifically allowed by a probationary license, judicial | ||||||
4 | driving permit, restricted driving permit or monitoring device | ||||||
5 | driving permit the Secretary shall extend the suspension for | ||||||
6 | the same period of time as the originally imposed suspension | ||||||
7 | unless the suspension has already expired, in which case the | ||||||
8 | Secretary shall be authorized to suspend the person's driving | ||||||
9 | privileges for the same period of time as the originally | ||||||
10 | imposed suspension. | ||||||
11 | (b-2) Except as provided in subsection (b-6), upon | ||||||
12 | receiving a report of the conviction of any violation | ||||||
13 | indicating a person was operating a motor vehicle when the | ||||||
14 | person's driver's license, permit or privilege was revoked by | ||||||
15 | the Secretary of State or the driver's license administrator of | ||||||
16 | any other state, except as specifically allowed by a restricted | ||||||
17 | driving permit issued pursuant to this Code or the law of | ||||||
18 | another state, the Secretary shall not issue a driver's license | ||||||
19 | for an additional period of one year from the date of such | ||||||
20 | conviction indicating such person was operating a vehicle | ||||||
21 | during such period of revocation. | ||||||
22 | (b-3) (Blank). When the Secretary of State receives a | ||||||
23 | report of a conviction of any violation indicating that a
| ||||||
24 | vehicle was operated during the time when the person's driver's | ||||||
25 | license,
permit or privilege was revoked, except as may be | ||||||
26 | allowed by a restricted
driving permit issued pursuant to this |
| |||||||
| |||||||
1 | Code or the law of another state,
the Secretary shall not issue
| ||||||
2 | a driver's license to that person for an additional period of | ||||||
3 | one year from the date of
such conviction.
| ||||||
4 | (b-4)
When the Secretary of State receives a report of a | ||||||
5 | conviction of any violation indicating a person was operating a | ||||||
6 | motor vehicle that was not equipped with an ignition interlock | ||||||
7 | device during a time when the person was prohibited from | ||||||
8 | operating a motor vehicle not equipped with such a device, the | ||||||
9 | Secretary shall not issue a driver's license to that person for | ||||||
10 | an additional period of one year from the date of the | ||||||
11 | conviction.
| ||||||
12 | (b-5) Any person convicted of violating this Section shall | ||||||
13 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
14 | 300
hours of community service
when the person's driving | ||||||
15 | privilege was revoked or suspended as a result of a violation | ||||||
16 | of Section 9-3 of the Criminal Code of 1961, as amended,
| ||||||
17 | relating to the offense of reckless homicide, or a similar | ||||||
18 | provision of a law of another state.
| ||||||
19 | (b-6) Upon receiving a report of a first conviction of | ||||||
20 | operating a motor vehicle while the person's driver's license, | ||||||
21 | permit or privilege was revoked where the revocation was for a | ||||||
22 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
23 | to the offense of reckless homicide or a similar out-of-state | ||||||
24 | offense, the Secretary shall not issue a driver's license for | ||||||
25 | an additional period of three years from the date of such | ||||||
26 | conviction. |
| |||||||
| |||||||
1 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
2 | person convicted of violating this Section shall serve a | ||||||
3 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
4 | of community service
when the person's driving privilege was | ||||||
5 | revoked or suspended as a result of:
| ||||||
6 | (1) a violation of Section 11-501 of this Code or a | ||||||
7 | similar provision
of a local ordinance relating to the | ||||||
8 | offense of operating or being in physical
control of a | ||||||
9 | vehicle while under the influence of alcohol, any other | ||||||
10 | drug
or any combination thereof; or
| ||||||
11 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
12 | this Code or a
similar provision of a local ordinance | ||||||
13 | relating to the offense of leaving the
scene of a motor | ||||||
14 | vehicle accident involving personal injury or death; or
| ||||||
15 | (3)
a statutory summary suspension under Section | ||||||
16 | 11-501.1 of this
Code.
| ||||||
17 | Such sentence of imprisonment or community service shall | ||||||
18 | not be subject
to suspension in order to reduce such sentence.
| ||||||
19 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
20 | person convicted of a
second violation of this Section shall be | ||||||
21 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
22 | community service.
| ||||||
23 | (c-2) In addition to other penalties imposed under this | ||||||
24 | Section, the
court may impose on any person convicted a fourth | ||||||
25 | time of violating this
Section any of
the following:
| ||||||
26 | (1) Seizure of the license plates of the person's |
| |||||||
| |||||||
1 | vehicle.
| ||||||
2 | (2) Immobilization of the person's vehicle for a period | ||||||
3 | of time
to be determined by the court.
| ||||||
4 | (c-3) Any person convicted of a violation of this Section | ||||||
5 | during a period of summary suspension imposed pursuant to | ||||||
6 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
7 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
8 | imprisonment of 30 days. | ||||||
9 | (c-4) Any person who has been issued a MDDP and who is | ||||||
10 | convicted of a violation of this Section as a result of | ||||||
11 | operating or being in actual physical control of a motor | ||||||
12 | vehicle not equipped with an ignition interlock device at the | ||||||
13 | time of the offense shall be guilty of a Class 4 felony and | ||||||
14 | shall serve a minimum term of imprisonment of 30 days.
| ||||||
15 | (c-5) Any person convicted of a second violation of this
| ||||||
16 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
17 | probation or conditional discharge, and shall serve a mandatory | ||||||
18 | term of
imprisonment, if the
revocation or
suspension was for a | ||||||
19 | violation of Section 9-3 of the Criminal Code of 1961, relating
| ||||||
20 | to the offense of reckless homicide, or a similar out-of-state | ||||||
21 | offense.
| ||||||
22 | (d) Any person convicted of a second violation of this
| ||||||
23 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
24 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
25 | community service, as determined by the
court, if the
| ||||||
26 | revocation or
suspension was for a violation of Section 11-401 |
| |||||||
| |||||||
1 | or 11-501 of this Code,
or a similar out-of-state offense, or a | ||||||
2 | similar provision of a local
ordinance, or a
statutory summary | ||||||
3 | suspension under Section 11-501.1 of this Code.
| ||||||
4 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
5 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
6 | of this Section shall serve a minimum term of
imprisonment of | ||||||
7 | 30 days or 300 hours of community service, as determined by the
| ||||||
8 | court.
| ||||||
9 | (d-2) Any person convicted of a third violation of this
| ||||||
10 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
11 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
12 | was for a violation of Section 11-401 or 11-501 of this Code,
| ||||||
13 | or a similar out-of-state offense, or a similar provision of a | ||||||
14 | local
ordinance, or a
statutory summary suspension under | ||||||
15 | Section 11-501.1 of this Code.
| ||||||
16 | (d-2.5) Any person convicted of a third violation of this
| ||||||
17 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
18 | probation or conditional discharge, and must serve a mandatory | ||||||
19 | term of
imprisonment if the revocation or
suspension was for a | ||||||
20 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
21 | to the offense of reckless homicide, or a similar out-of-state | ||||||
22 | offense.
The person's driving privileges shall be revoked for | ||||||
23 | the remainder of the person's life. | ||||||
24 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
25 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
26 | of a Class 4 felony and must serve a minimum term of
|
| |||||||
| |||||||
1 | imprisonment of 180 days if the revocation or suspension was | ||||||
2 | for a
violation of Section 11-401 or 11-501 of this Code, or a | ||||||
3 | similar out-of-state
offense, or a similar provision of a local | ||||||
4 | ordinance, or a statutory
summary suspension under Section | ||||||
5 | 11-501.1 of this Code.
| ||||||
6 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
7 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
8 | eligible for probation or conditional discharge, and must serve | ||||||
9 | a mandatory term of
imprisonment, and is eligible for an | ||||||
10 | extended term, if the revocation or suspension was for a
| ||||||
11 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
12 | to the offense of reckless homicide, or a similar out-of-state | ||||||
13 | offense.
| ||||||
14 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
15 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
16 | of a Class 3 felony, and is not eligible for probation or | ||||||
17 | conditional discharge, if the revocation or suspension was for | ||||||
18 | a violation of Section 11-401 or 11-501 of this Code, or a | ||||||
19 | similar out-of-state offense, or a similar provision of a local | ||||||
20 | ordinance, or a statutory summary suspension under Section | ||||||
21 | 11-501.1 of this Code. | ||||||
22 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
23 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
24 | not eligible for probation or conditional discharge, if the | ||||||
25 | revocation or suspension was for a violation of Section 11-401 | ||||||
26 | or 11-501 of this Code, or a similar out-of-state offense, or a |
| |||||||
| |||||||
1 | similar provision of a local ordinance, or a statutory summary | ||||||
2 | suspension under Section 11-501.1 of this Code.
| ||||||
3 | (e) Any person in violation of this Section who is also in | ||||||
4 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
5 | insurance requirements, in
addition to other penalties imposed | ||||||
6 | under this Section, shall have his or her
motor vehicle | ||||||
7 | immediately impounded by the arresting law enforcement | ||||||
8 | officer.
The motor vehicle may be released to any licensed | ||||||
9 | driver upon a showing of
proof of insurance for the vehicle | ||||||
10 | that was impounded and the notarized written
consent for the | ||||||
11 | release by the vehicle owner.
| ||||||
12 | (f) For any prosecution under this Section, a certified | ||||||
13 | copy of the
driving abstract of the defendant shall be admitted | ||||||
14 | as proof of any prior
conviction.
| ||||||
15 | (g) The motor vehicle used in a violation of this Section | ||||||
16 | is subject
to seizure and forfeiture as provided in Sections | ||||||
17 | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||||||
18 | driving privilege was revoked
or suspended as a result of a | ||||||
19 | violation listed in paragraph (1), (2), or
(3) of subsection | ||||||
20 | (c) of this Section or as a result of a summary
suspension as | ||||||
21 | provided in paragraph (4) of subsection (c) of this
Section.
| ||||||
22 | (Source: P.A. 94-112, eff. 1-1-06; 95-27, eff. 1-1-08; 95-377, | ||||||
23 | eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, | ||||||
24 | eff. 8-21-08.)
| ||||||
25 | (Text of Section after amendment by P.A. 95-991 ) |
| |||||||
| |||||||
1 | Sec. 6-303. Driving while driver's license, permit or | ||||||
2 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
3 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
4 | person who drives or is in actual physical control of a motor
| ||||||
5 | vehicle on any highway of this State at a time when such | ||||||
6 | person's driver's
license, permit or privilege to do so or the | ||||||
7 | privilege to obtain a driver's
license or permit is revoked or | ||||||
8 | suspended as provided by this Code or the law
of another state, | ||||||
9 | except as may be specifically allowed by a judicial driving
| ||||||
10 | permit issued prior to January 1, 2009, monitoring device | ||||||
11 | driving permit, family financial responsibility driving | ||||||
12 | permit, probationary
license to drive, or a restricted driving | ||||||
13 | permit issued pursuant to this Code
or under the law of another | ||||||
14 | state, shall be guilty of a Class A misdemeanor.
| ||||||
15 | (a-5) Any person who violates this Section as provided in | ||||||
16 | subsection (a) while his or her driver's license, permit or | ||||||
17 | privilege is revoked because of a violation of Section 9-3 of | ||||||
18 | the Criminal Code of 1961, relating to the offense of reckless | ||||||
19 | homicide or a similar provision of a law of another state, is | ||||||
20 | guilty of a Class 4 felony. The person shall be required to | ||||||
21 | undergo a professional evaluation, as provided in Section | ||||||
22 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
23 | intoxicating compound problem exists and the extent of the | ||||||
24 | problem, and to undergo the imposition of treatment as | ||||||
25 | appropriate.
| ||||||
26 | (b) (Blank). The Secretary of State upon receiving a report |
| |||||||
| |||||||
1 | of the conviction
of any violation indicating a person was | ||||||
2 | operating a motor vehicle during
the time when said person's | ||||||
3 | driver's license, permit or privilege was
suspended by the | ||||||
4 | Secretary, by the appropriate authority of another state,
or | ||||||
5 | pursuant to Section 11-501.1; except as may
be specifically | ||||||
6 | allowed by a probationary license to drive, judicial
driving | ||||||
7 | permit issued prior to January 1, 2009, monitoring device | ||||||
8 | driving permit, or restricted driving permit issued pursuant to | ||||||
9 | this Code or
the law of another state;
shall extend the | ||||||
10 | suspension for the same period of time as the originally
| ||||||
11 | imposed suspension; however, if the period of suspension has | ||||||
12 | then expired,
the Secretary shall be authorized to suspend said | ||||||
13 | person's driving
privileges for the same period of time as the | ||||||
14 | originally imposed
suspension. | ||||||
15 | (b-1) Upon receiving a report of the conviction of any | ||||||
16 | violation indicating a person was operating a motor vehicle | ||||||
17 | during the time when the person's driver's license, permit or | ||||||
18 | privilege was suspended by the Secretary of State or the | ||||||
19 | driver's licensing administrator of another state, except as | ||||||
20 | specifically allowed by a probationary license, judicial | ||||||
21 | driving permit, restricted driving permit or monitoring device | ||||||
22 | driving permit the Secretary shall extend the suspension for | ||||||
23 | the same period of time as the originally imposed suspension | ||||||
24 | unless the suspension has already expired, in which case the | ||||||
25 | Secretary shall be authorized to suspend the person's driving | ||||||
26 | privileges for the same period of time as the originally |
| |||||||
| |||||||
1 | imposed suspension. | ||||||
2 | (b-2) Except as provided in subsection (b-6), upon | ||||||
3 | receiving a report of the conviction of any violation | ||||||
4 | indicating a person was operating a motor vehicle when the | ||||||
5 | person's driver's license, permit or privilege was revoked by | ||||||
6 | the Secretary of State or the driver's license administrator of | ||||||
7 | any other state, except as specifically allowed by a restricted | ||||||
8 | driving permit issued pursuant to this Code or the law of | ||||||
9 | another state, the Secretary shall not issue a driver's license | ||||||
10 | for an additional period of one year from the date of such | ||||||
11 | conviction indicating such person was operating a vehicle | ||||||
12 | during such period of revocation. | ||||||
13 | (b-3) (Blank). When the Secretary of State receives a | ||||||
14 | report of a conviction of any violation indicating that a
| ||||||
15 | vehicle was operated during the time when the person's driver's | ||||||
16 | license,
permit or privilege was revoked, except as may be | ||||||
17 | allowed by a restricted
driving permit issued pursuant to this | ||||||
18 | Code or the law of another state,
the Secretary shall not issue
| ||||||
19 | a driver's license to that person for an additional period of | ||||||
20 | one year from the date of
such conviction.
| ||||||
21 | (b-4) When the Secretary of State receives a report of a | ||||||
22 | conviction of any violation indicating a person was operating a | ||||||
23 | motor vehicle that was not equipped with an ignition interlock | ||||||
24 | device during a time when the person was prohibited from | ||||||
25 | operating a motor vehicle not equipped with such a device, the | ||||||
26 | Secretary shall not issue a driver's license to that person for |
| |||||||
| |||||||
1 | an additional period of one year from the date of the | ||||||
2 | conviction.
| ||||||
3 | (b-5) Any person convicted of violating this Section shall | ||||||
4 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
5 | 300
hours of community service
when the person's driving | ||||||
6 | privilege was revoked or suspended as a result of a violation | ||||||
7 | of Section 9-3 of the Criminal Code of 1961, as amended,
| ||||||
8 | relating to the offense of reckless homicide, or a similar | ||||||
9 | provision of a law of another state.
| ||||||
10 | (b-6) Upon receiving a report of a first conviction of | ||||||
11 | operating a motor vehicle while the person's driver's license, | ||||||
12 | permit or privilege was revoked where the revocation was for a | ||||||
13 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
14 | to the offense of reckless homicide or a similar out-of-state | ||||||
15 | offense, the Secretary shall not issue a driver's license for | ||||||
16 | an additional period of three years from the date of such | ||||||
17 | conviction. | ||||||
18 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
19 | person convicted of violating this Section shall serve a | ||||||
20 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
21 | of community service
when the person's driving privilege was | ||||||
22 | revoked or suspended as a result of:
| ||||||
23 | (1) a violation of Section 11-501 of this Code or a | ||||||
24 | similar provision
of a local ordinance relating to the | ||||||
25 | offense of operating or being in physical
control of a | ||||||
26 | vehicle while under the influence of alcohol, any other |
| |||||||
| |||||||
1 | drug
or any combination thereof; or
| ||||||
2 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
3 | this Code or a
similar provision of a local ordinance | ||||||
4 | relating to the offense of leaving the
scene of a motor | ||||||
5 | vehicle accident involving personal injury or death; or
| ||||||
6 | (3)
a statutory summary suspension under Section | ||||||
7 | 11-501.1 of this
Code.
| ||||||
8 | Such sentence of imprisonment or community service shall | ||||||
9 | not be subject
to suspension in order to reduce such sentence.
| ||||||
10 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
11 | person convicted of a
second violation of this Section shall be | ||||||
12 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
13 | community service.
| ||||||
14 | (c-2) In addition to other penalties imposed under this | ||||||
15 | Section, the
court may impose on any person convicted a fourth | ||||||
16 | time of violating this
Section any of
the following:
| ||||||
17 | (1) Seizure of the license plates of the person's | ||||||
18 | vehicle.
| ||||||
19 | (2) Immobilization of the person's vehicle for a period | ||||||
20 | of time
to be determined by the court.
| ||||||
21 | (c-3) Any person convicted of a violation of this Section | ||||||
22 | during a period of summary suspension imposed pursuant to | ||||||
23 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
24 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
25 | imprisonment of 30 days. | ||||||
26 | (c-4) Any person who has been issued a MDDP and who is |
| |||||||
| |||||||
1 | convicted of a violation of this Section as a result of | ||||||
2 | operating or being in actual physical control of a motor | ||||||
3 | vehicle not equipped with an ignition interlock device at the | ||||||
4 | time of the offense shall be guilty of a Class 4 felony and | ||||||
5 | shall serve a minimum term of imprisonment of 30 days.
| ||||||
6 | (c-5) Any person convicted of a second violation of this
| ||||||
7 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
8 | probation or conditional discharge, and shall serve a mandatory | ||||||
9 | term of
imprisonment, if the
revocation or
suspension was for a | ||||||
10 | violation of Section 9-3 of the Criminal Code of 1961, relating
| ||||||
11 | to the offense of reckless homicide, or a similar out-of-state | ||||||
12 | offense.
| ||||||
13 | (d) Any person convicted of a second violation of this
| ||||||
14 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
15 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
16 | community service, as determined by the
court, if the original
| ||||||
17 | revocation or
suspension was for a violation of Section 11-401 | ||||||
18 | or 11-501 of this Code,
or a similar out-of-state offense, or a | ||||||
19 | similar provision of a local
ordinance, or a
statutory summary | ||||||
20 | suspension under Section 11-501.1 of this Code.
| ||||||
21 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
22 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
23 | of this Section shall serve a minimum term of
imprisonment of | ||||||
24 | 30 days or 300 hours of community service, as determined by the
| ||||||
25 | court.
| ||||||
26 | (d-2) Any person convicted of a third violation of this
|
| |||||||
| |||||||
1 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
2 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
3 | was for a violation of Section 11-401 or 11-501 of this Code,
| ||||||
4 | or a similar out-of-state offense, or a similar provision of a | ||||||
5 | local
ordinance, or a
statutory summary suspension under | ||||||
6 | Section 11-501.1 of this Code.
| ||||||
7 | (d-2.5) Any person convicted of a third violation of this
| ||||||
8 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
9 | probation or conditional discharge, and must serve a mandatory | ||||||
10 | term of
imprisonment if the revocation or
suspension was for a | ||||||
11 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
12 | to the offense of reckless homicide, or a similar out-of-state | ||||||
13 | offense.
The person's driving privileges shall be revoked for | ||||||
14 | the remainder of the person's life. | ||||||
15 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
16 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
17 | of a Class 4 felony and must serve a minimum term of
| ||||||
18 | imprisonment of 180 days if the revocation or suspension was | ||||||
19 | for a
violation of Section 11-401 or 11-501 of this Code, or a | ||||||
20 | similar out-of-state
offense, or a similar provision of a local | ||||||
21 | ordinance, or a statutory
summary suspension under Section | ||||||
22 | 11-501.1 of this Code.
| ||||||
23 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
24 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
25 | eligible for probation or conditional discharge, and must serve | ||||||
26 | a mandatory term of
imprisonment, and is eligible for an |
| |||||||
| |||||||
1 | extended term, if the revocation or suspension was for a
| ||||||
2 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
3 | to the offense of reckless homicide, or a similar out-of-state | ||||||
4 | offense.
| ||||||
5 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
6 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
7 | of a Class 3 felony, and is not eligible for probation or | ||||||
8 | conditional discharge, if the revocation or suspension was for | ||||||
9 | a violation of Section 11-401 or 11-501 of this Code, or a | ||||||
10 | similar out-of-state offense, or a similar provision of a local | ||||||
11 | ordinance, or a statutory summary suspension under Section | ||||||
12 | 11-501.1 of this Code. | ||||||
13 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
14 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
15 | not eligible for probation or conditional discharge, if the | ||||||
16 | revocation or suspension was for a violation of Section 11-401 | ||||||
17 | or 11-501 of this Code, or a similar out-of-state offense, or a | ||||||
18 | similar provision of a local ordinance, or a statutory summary | ||||||
19 | suspension under Section 11-501.1 of this Code.
| ||||||
20 | (e) Any person in violation of this Section who is also in | ||||||
21 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
22 | insurance requirements, in
addition to other penalties imposed | ||||||
23 | under this Section, shall have his or her
motor vehicle | ||||||
24 | immediately impounded by the arresting law enforcement | ||||||
25 | officer.
The motor vehicle may be released to any licensed | ||||||
26 | driver upon a showing of
proof of insurance for the vehicle |
| |||||||
| |||||||
1 | that was impounded and the notarized written
consent for the | ||||||
2 | release by the vehicle owner.
| ||||||
3 | (f) For any prosecution under this Section, a certified | ||||||
4 | copy of the
driving abstract of the defendant shall be admitted | ||||||
5 | as proof of any prior
conviction.
| ||||||
6 | (g) The motor vehicle used in a violation of this Section | ||||||
7 | is subject
to seizure and forfeiture as provided in Sections | ||||||
8 | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||||||
9 | driving privilege was revoked
or suspended as a result of a | ||||||
10 | violation listed in paragraph (1), (2), or
(3) of subsection | ||||||
11 | (c) of this Section or as a result of a summary
suspension as | ||||||
12 | provided in paragraph (4) of subsection (c) of this
Section.
| ||||||
13 | (Source: P.A. 94-112, eff. 1-1-06; 95-27, eff. 1-1-08; 95-377, | ||||||
14 | eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, | ||||||
15 | eff. 8-21-08; 95-991, eff. 6-1-09.)
| ||||||
16 | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| ||||||
17 | Sec. 6-601. Penalties.
| ||||||
18 | (a) It is a petty offense for any person to violate any of | ||||||
19 | the
provisions of this Chapter unless such violation is by this | ||||||
20 | Code or other
law of this State declared to be a misdemeanor or | ||||||
21 | a felony.
| ||||||
22 | (b) General penalties. Unless another penalty is in this | ||||||
23 | Code
or other laws of this State, every person convicted of a | ||||||
24 | petty
offense for the violation of any provision of this | ||||||
25 | Chapter shall be
punished by a fine of not more than $500.
|
| |||||||
| |||||||
1 | (c) Unlicensed driving. Except as hereinafter provided a | ||||||
2 | violation
of Section 6-101 shall be:
| ||||||
3 | 1. A Class A misdemeanor if the person failed to obtain | ||||||
4 | a driver's
license or permit after expiration of a period | ||||||
5 | of revocation.
| ||||||
6 | 2. A Class B misdemeanor if the person has been issued | ||||||
7 | a driver's license
or permit, which has expired, and if the | ||||||
8 | period of expiration is greater than
one year; or if the | ||||||
9 | person has never been issued a driver's license or permit,
| ||||||
10 | or is not qualified to obtain a driver's license or permit | ||||||
11 | because of his age.
| ||||||
12 | If a licensee under this Code is convicted of violating | ||||||
13 | Section 6-101
for operating a motor vehicle during a time when | ||||||
14 | such licensee's driver's
license was invalid under the | ||||||
15 | provisions of Section 6-110, then conviction
under such | ||||||
16 | circumstances shall be punishable by a fine of not more than | ||||||
17 | $25.
| ||||||
18 | If a licensee under this Code is convicted of violating | ||||||
19 | Section 6-303 for
operating a motor vehicle during a time when | ||||||
20 | such licensee's driver's license
was suspended under the | ||||||
21 | provisions of Section 6-306.3, then such act shall be
a petty | ||||||
22 | offense (provided the licensee has answered the charge which | ||||||
23 | was the
basis of the suspension under Section 6-306.3), and | ||||||
24 | there shall be imposed no
additional like period of suspension | ||||||
25 | as provided in paragraph (b) of Section
6-303.
| ||||||
26 | (Source: P.A. 92-622, eff. 1-1-03; 92-647, eff. 1-1-03; 92-883, |
| |||||||
| |||||||
1 | eff.
1-13-03.)
| ||||||
2 | (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
| ||||||
3 | Sec. 11-500. Definitions. For the purposes of interpreting | ||||||
4 | Sections
6-206.1 and 6-208.1 of this Code, "first offender" | ||||||
5 | shall mean any person
who has not had a previous conviction or | ||||||
6 | court assigned supervision for
violating Section 11-501, or a | ||||||
7 | similar provision of a local ordinance,
or a conviction in any | ||||||
8 | other state for a violation of driving while under
the | ||||||
9 | influence or a similar offense where the cause of action is the | ||||||
10 | same
or substantially similar to this Code or similar offenses | ||||||
11 | committed on a military installation , or any person who has not | ||||||
12 | had a driver's license suspension pursuant to paragraph 6 of | ||||||
13 | subsection (a) of Section 6-206 as the result of refusal of | ||||||
14 | chemical testing in another state, or any
person who has not | ||||||
15 | had a driver's license
suspension for violating Section | ||||||
16 | 11-501.1 within 5 years prior to the date of
the
current | ||||||
17 | offense, except in cases where the driver submitted to
chemical | ||||||
18 | testing resulting in an alcohol concentration of 0.08 or
more,
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19 | or any amount of a drug, substance, or compound in such | ||||||
20 | person's blood or
urine resulting from the unlawful use or | ||||||
21 | consumption of cannabis listed in
the Cannabis Control Act, a | ||||||
22 | controlled substance listed in the
Illinois
Controlled | ||||||
23 | Substances Act, or an intoxicating compound listed in the Use
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24 | of
Intoxicating Compounds Act, or methamphetamine as listed in | ||||||
25 | the Methamphetamine Control and Community Protection Act and
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1 | was subsequently found not guilty of violating Section 11-501, | ||||||
2 | or a similar
provision of a local ordinance.
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3 | (Source: P.A. 95-355, eff. 1-1-08.)
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4 | Section 15. The Child Passenger Protection Act is amended | ||||||
5 | by changing Section 4b as follows:
| ||||||
6 | (625 ILCS 25/4b)
| ||||||
7 | Sec. 4b. Children 8 years of age or older but under the age | ||||||
8 | of 19;
seat belts. Every person under the age of 18 years, when | ||||||
9 | transporting a child
8 years of age or older but under the age | ||||||
10 | of 19 years, as provided in
Section 4 of this Act, shall be | ||||||
11 | responsible for securing that child in a
properly
adjusted and | ||||||
12 | fastened seat safety belt or an appropriate child restraint
| ||||||
13 | system. This Section shall also apply to each driver over the | ||||||
14 | age of 18 years who committed an offense against traffic | ||||||
15 | regulations governing the movement of vehicles or any violation | ||||||
16 | of Section 6-107 or Section 12-603.1 of this Code in the within | ||||||
17 | 6 months prior to of the driver's 18th birthday and was | ||||||
18 | subsequently convicted of the violation, until such time as a | ||||||
19 | period of 6 consecutive months has elapsed without an | ||||||
20 | additional violation and subsequent conviction of an offense | ||||||
21 | against traffic regulations governing the movement of vehicles | ||||||
22 | or any violation of Section 6-107 or Section 12-603.1 of this | ||||||
23 | Code.
| ||||||
24 | (Source: P.A. 94-241, eff. 1-1-06; 95-310, eff. 1-1-08.)
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| |||||||
1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
2 | changes in a statute that is represented in this Act by text | ||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||
4 | represented by multiple versions), the use of that text does | ||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||
7 | Public Act.
| ||||||
8 | Section 999. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|