Rep. Lindsay Parkhurst
Filed: 3/25/2019
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 2383
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 2383 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 1. References to Act. This Act may be referred to | ||||||
| 5 | as Mason's Law.
| ||||||
| 6 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
| 7 | Section 6-206 as follows:
| ||||||
| 8 | (625 ILCS 5/6-206)
| ||||||
| 9 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
| 10 | license or
permit; right to a hearing.
| ||||||
| 11 | (a) The Secretary of State is authorized to suspend or | ||||||
| 12 | revoke the
driving privileges of any person without preliminary | ||||||
| 13 | hearing upon a showing
of the person's records or other | ||||||
| 14 | sufficient evidence that
the person:
| ||||||
| 15 | 1. Has committed an offense for which mandatory | ||||||
| |||||||
| |||||||
| 1 | revocation of
a driver's license or permit is required upon | ||||||
| 2 | conviction;
| ||||||
| 3 | 2. Has been convicted of not less than 3 offenses | ||||||
| 4 | against traffic
regulations governing the movement of | ||||||
| 5 | vehicles committed within any 12
month period. No | ||||||
| 6 | revocation or suspension shall be entered more than
6 | ||||||
| 7 | months after the date of last conviction;
| ||||||
| 8 | 3. Has been repeatedly involved as a driver in motor | ||||||
| 9 | vehicle
collisions or has been repeatedly convicted of | ||||||
| 10 | offenses against laws and
ordinances regulating the | ||||||
| 11 | movement of traffic, to a degree that
indicates lack of | ||||||
| 12 | ability to exercise ordinary and reasonable care in
the | ||||||
| 13 | safe operation of a motor vehicle or disrespect for the | ||||||
| 14 | traffic laws
and the safety of other persons upon the | ||||||
| 15 | highway;
| ||||||
| 16 | 4. Has by the unlawful operation of a motor vehicle | ||||||
| 17 | caused or
contributed to an accident resulting in injury | ||||||
| 18 | requiring
immediate professional treatment in a medical | ||||||
| 19 | facility or doctor's office
to any person, except that any | ||||||
| 20 | suspension or revocation imposed by the
Secretary of State | ||||||
| 21 | under the provisions of this subsection shall start no
| ||||||
| 22 | later than 6 months after being convicted of violating a | ||||||
| 23 | law or
ordinance regulating the movement of traffic, which | ||||||
| 24 | violation is related
to the accident, or shall start not | ||||||
| 25 | more than one year
after
the date of the accident, | ||||||
| 26 | whichever date occurs later;
| ||||||
| |||||||
| |||||||
| 1 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
| 2 | driver's
license, identification card, or permit;
| ||||||
| 3 | 6. Has been lawfully convicted of an offense or | ||||||
| 4 | offenses in another
state, including the authorization | ||||||
| 5 | contained in Section 6-203.1, which
if committed within | ||||||
| 6 | this State would be grounds for suspension or revocation;
| ||||||
| 7 | 7. Has refused or failed to submit to an examination | ||||||
| 8 | provided for by
Section 6-207 or has failed to pass the | ||||||
| 9 | examination;
| ||||||
| 10 | 8. Is ineligible for a driver's license or permit under | ||||||
| 11 | the provisions
of Section 6-103;
| ||||||
| 12 | 9. Has made a false statement or knowingly concealed a | ||||||
| 13 | material fact
or has used false information or | ||||||
| 14 | identification in any application for a
license, | ||||||
| 15 | identification card, or permit;
| ||||||
| 16 | 10. Has possessed, displayed, or attempted to | ||||||
| 17 | fraudulently use any
license, identification card, or | ||||||
| 18 | permit not issued to the person;
| ||||||
| 19 | 11. Has operated a motor vehicle upon a highway of this | ||||||
| 20 | State when
the person's driving privilege or privilege to | ||||||
| 21 | obtain a driver's license
or permit was revoked or | ||||||
| 22 | suspended unless the operation was authorized by
a | ||||||
| 23 | monitoring device driving permit, judicial driving permit | ||||||
| 24 | issued prior to January 1, 2009, probationary license to | ||||||
| 25 | drive, or a restricted
driving permit issued under this | ||||||
| 26 | Code;
| ||||||
| |||||||
| |||||||
| 1 | 12. Has submitted to any portion of the application | ||||||
| 2 | process for
another person or has obtained the services of | ||||||
| 3 | another person to submit to
any portion of the application | ||||||
| 4 | process for the purpose of obtaining a
license, | ||||||
| 5 | identification card, or permit for some other person;
| ||||||
| 6 | 13. Has operated a motor vehicle upon a highway of this | ||||||
| 7 | State when
the person's driver's license or permit was | ||||||
| 8 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
| 9 | 14. Has committed a violation of Section 6-301, | ||||||
| 10 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
| 11 | 14B of the Illinois Identification Card
Act;
| ||||||
| 12 | 15. Has been convicted of violating Section 21-2 of the | ||||||
| 13 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
| 14 | to criminal trespass to vehicles in which case, the | ||||||
| 15 | suspension
shall be for one year;
| ||||||
| 16 | 16. Has been convicted of violating Section 11-204 of | ||||||
| 17 | this Code relating
to fleeing from a peace officer;
| ||||||
| 18 | 17. Has refused to submit to a test, or tests, as | ||||||
| 19 | required under Section
11-501.1 of this Code and the person | ||||||
| 20 | has not sought a hearing as
provided for in Section | ||||||
| 21 | 11-501.1;
| ||||||
| 22 | 18. Has, since issuance of a driver's license or | ||||||
| 23 | permit, been adjudged
to be afflicted with or suffering | ||||||
| 24 | from any mental disability or disease;
| ||||||
| 25 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
| 26 | of Section 6-101
relating to driving without a driver's | ||||||
| |||||||
| |||||||
| 1 | license;
| ||||||
| 2 | 20. Has been convicted of violating Section 6-104 | ||||||
| 3 | relating to
classification of driver's license;
| ||||||
| 4 | 21. Has been convicted of violating Section 11-402 of
| ||||||
| 5 | this Code relating to leaving the scene of an accident | ||||||
| 6 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
| 7 | which case the suspension shall be
for one year;
| ||||||
| 8 | 22. Has used a motor vehicle in violating paragraph | ||||||
| 9 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
| 10 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 11 | relating
to unlawful use of weapons, in which case the | ||||||
| 12 | suspension shall be for one
year;
| ||||||
| 13 | 23. Has, as a driver, been convicted of committing a | ||||||
| 14 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
| 15 | for a second or subsequent
time within one year of a | ||||||
| 16 | similar violation;
| ||||||
| 17 | 24. Has been convicted by a court-martial or punished | ||||||
| 18 | by non-judicial
punishment by military authorities of the | ||||||
| 19 | United States at a military
installation in Illinois or in | ||||||
| 20 | another state of or for a traffic related offense that is | ||||||
| 21 | the
same as or similar to an offense specified under | ||||||
| 22 | Section 6-205 or 6-206 of
this Code;
| ||||||
| 23 | 25. Has permitted any form of identification to be used | ||||||
| 24 | by another in
the application process in order to obtain or | ||||||
| 25 | attempt to obtain a license,
identification card, or | ||||||
| 26 | permit;
| ||||||
| |||||||
| |||||||
| 1 | 26. Has altered or attempted to alter a license or has | ||||||
| 2 | possessed an
altered license, identification card, or | ||||||
| 3 | permit;
| ||||||
| 4 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
| 5 | of 1934;
| ||||||
| 6 | 28. Has been convicted for a first time of the illegal | ||||||
| 7 | possession, while operating or
in actual physical control, | ||||||
| 8 | as a driver, of a motor vehicle, of any
controlled | ||||||
| 9 | substance prohibited under the Illinois Controlled | ||||||
| 10 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
| 11 | Control
Act, or any methamphetamine prohibited under the | ||||||
| 12 | Methamphetamine Control and Community Protection Act, in | ||||||
| 13 | which case the person's driving privileges shall be | ||||||
| 14 | suspended for
one year.
Any defendant found guilty of this | ||||||
| 15 | offense while operating a motor vehicle,
shall have an | ||||||
| 16 | entry made in the court record by the presiding judge that
| ||||||
| 17 | this offense did occur while the defendant was operating a | ||||||
| 18 | motor vehicle
and order the clerk of the court to report | ||||||
| 19 | the violation to the Secretary
of State;
| ||||||
| 20 | 29. Has been convicted of the following offenses that | ||||||
| 21 | were committed
while the person was operating or in actual | ||||||
| 22 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
| 23 | sexual assault,
predatory criminal sexual assault of a | ||||||
| 24 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
| 25 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
| 26 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
| |||||||
| |||||||
| 1 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
| 2 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
| 3 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
| 4 | delivery of controlled substances or instruments used for | ||||||
| 5 | illegal drug use
or abuse in which case the driver's | ||||||
| 6 | driving privileges shall be suspended
for one year;
| ||||||
| 7 | 30. Has been convicted a second or subsequent time for | ||||||
| 8 | any
combination of the offenses named in paragraph 29 of | ||||||
| 9 | this subsection,
in which case the person's driving | ||||||
| 10 | privileges shall be suspended for 5
years;
| ||||||
| 11 | 31. Has refused to submit to a test as
required by | ||||||
| 12 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
| 13 | Registration and Safety Act or has submitted to a test | ||||||
| 14 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
| 15 | any amount of a drug, substance, or
compound resulting from | ||||||
| 16 | the unlawful use or consumption of cannabis as listed
in | ||||||
| 17 | the Cannabis Control Act, a controlled substance as listed | ||||||
| 18 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
| 19 | compound as listed in the Use of
Intoxicating Compounds | ||||||
| 20 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
| 21 | Control and Community Protection Act, in which case the | ||||||
| 22 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
| 23 | 32. Has been convicted of Section 24-1.2 of the | ||||||
| 24 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
| 25 | to the aggravated discharge of a firearm if the offender | ||||||
| 26 | was
located in a motor vehicle at the time the firearm was | ||||||
| |||||||
| |||||||
| 1 | discharged, in which
case the suspension shall be for 3 | ||||||
| 2 | years;
| ||||||
| 3 | 33. Has as a driver, who was less than 21 years of age | ||||||
| 4 | on the date of
the offense, been convicted a first time of | ||||||
| 5 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
| 6 | or a similar provision of a local ordinance;
| ||||||
| 7 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
| 8 | this Code or a similar provision of a local ordinance;
| ||||||
| 9 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
| 10 | this Code or a similar provision of a local ordinance;
| ||||||
| 11 | 36. Is under the age of 21 years at the time of arrest | ||||||
| 12 | and has been
convicted of not less than 2 offenses against | ||||||
| 13 | traffic regulations governing
the movement of vehicles | ||||||
| 14 | committed within any 24 month period. No revocation
or | ||||||
| 15 | suspension shall be entered more than 6 months after the | ||||||
| 16 | date of last
conviction;
| ||||||
| 17 | 37. Has committed a violation of subsection (c) of | ||||||
| 18 | Section 11-907 of this
Code that resulted in damage to the | ||||||
| 19 | property of another or the death or injury of another;
| ||||||
| 20 | 38. Has been convicted of a violation of Section 6-20 | ||||||
| 21 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
| 22 | a local ordinance;
| ||||||
| 23 | 39. Has committed a second or subsequent violation of | ||||||
| 24 | Section
11-1201 of this Code;
| ||||||
| 25 | 40. Has committed a violation of subsection (a-1) of | ||||||
| 26 | Section 11-908 of
this Code; | ||||||
| |||||||
| |||||||
| 1 | 41. Has committed a second or subsequent violation of | ||||||
| 2 | Section 11-605.1 of this Code, a similar provision of a | ||||||
| 3 | local ordinance, or a similar violation in any other state | ||||||
| 4 | within 2 years of the date of the previous violation, in | ||||||
| 5 | which case the suspension shall be for 90 days; | ||||||
| 6 | 42. Has committed a violation of subsection (a-1) of | ||||||
| 7 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
| 8 | local ordinance;
| ||||||
| 9 | 43. Has received a disposition of court supervision for | ||||||
| 10 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
| 11 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
| 12 | a local ordinance, in which case the suspension shall be | ||||||
| 13 | for a period of 3 months;
| ||||||
| 14 | 44.
Is under the age of 21 years at the time of arrest | ||||||
| 15 | and has been convicted of an offense against traffic | ||||||
| 16 | regulations governing the movement of vehicles after | ||||||
| 17 | having previously had his or her driving privileges
| ||||||
| 18 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
| 19 | Section; | ||||||
| 20 | 45.
Has, in connection with or during the course of a | ||||||
| 21 | formal hearing conducted under Section 2-118 of this Code: | ||||||
| 22 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
| 23 | falsified documents; (iii) submitted documents that have | ||||||
| 24 | been materially altered; or (iv) submitted, as his or her | ||||||
| 25 | own, documents that were in fact prepared or composed for | ||||||
| 26 | another person; | ||||||
| |||||||
| |||||||
| 1 | 46. Has committed a violation of subsection (j) of | ||||||
| 2 | Section 3-413 of this Code;
| ||||||
| 3 | 47. Has committed a violation of Section 11-502.1 of | ||||||
| 4 | this Code; or | ||||||
| 5 | 48. Has submitted a falsified or altered medical | ||||||
| 6 | examiner's certificate to the Secretary of State or | ||||||
| 7 | provided false information to obtain a medical examiner's | ||||||
| 8 | certificate; . | ||||||
| 9 | 49. Has been convicted of a violation of any Section of | ||||||
| 10 | Article 9 of Chapter 11 of this Code relating to | ||||||
| 11 | right-of-way that resulted in a Type A injury to or death | ||||||
| 12 | of another, in which case the person's driving privileges | ||||||
| 13 | shall be suspended for 12 months; or | ||||||
| 14 | 50. Has been convicted of a violation of Section | ||||||
| 15 | 11-1002 or 11-1002.5 that resulted in a Type A injury to, | ||||||
| 16 | or death of, another, in which case the person's driving | ||||||
| 17 | privileges shall be suspended for 12 months. | ||||||
| 18 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
| 19 | and 27 of this
subsection, license means any driver's license, | ||||||
| 20 | any traffic ticket issued when
the person's driver's license is | ||||||
| 21 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
| 22 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
| 23 | a probationary driver's license or a temporary driver's | ||||||
| 24 | license. | ||||||
| 25 | (b) If any conviction forming the basis of a suspension or
| ||||||
| 26 | revocation authorized under this Section is appealed, the
| ||||||
| |||||||
| |||||||
| 1 | Secretary of State may rescind or withhold the entry of the | ||||||
| 2 | order of suspension
or revocation, as the case may be, provided | ||||||
| 3 | that a certified copy of a stay
order of a court is filed with | ||||||
| 4 | the Secretary of State. If the conviction is
affirmed on | ||||||
| 5 | appeal, the date of the conviction shall relate back to the | ||||||
| 6 | time
the original judgment of conviction was entered and the 6 | ||||||
| 7 | month limitation
prescribed shall not apply.
| ||||||
| 8 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
| 9 | permit of
any person as authorized in this Section, the | ||||||
| 10 | Secretary of State shall
immediately notify the person in | ||||||
| 11 | writing of the revocation or suspension.
The notice to be | ||||||
| 12 | deposited in the United States mail, postage prepaid,
to the | ||||||
| 13 | last known address of the person.
| ||||||
| 14 | 2. If the Secretary of State suspends the driver's license
| ||||||
| 15 | of a person under subsection 2 of paragraph (a) of this | ||||||
| 16 | Section, a
person's privilege to operate a vehicle as an | ||||||
| 17 | occupation shall not be
suspended, provided an affidavit is | ||||||
| 18 | properly completed, the appropriate fee
received, and a permit | ||||||
| 19 | issued prior to the effective date of the
suspension, unless 5 | ||||||
| 20 | offenses were committed, at least 2 of which occurred
while | ||||||
| 21 | operating a commercial vehicle in connection with the driver's
| ||||||
| 22 | regular occupation. All other driving privileges shall be | ||||||
| 23 | suspended by the
Secretary of State. Any driver prior to | ||||||
| 24 | operating a vehicle for
occupational purposes only must submit | ||||||
| 25 | the affidavit on forms to be
provided by the Secretary of State | ||||||
| 26 | setting forth the facts of the person's
occupation. The | ||||||
| |||||||
| |||||||
| 1 | affidavit shall also state the number of offenses
committed | ||||||
| 2 | while operating a vehicle in connection with the driver's | ||||||
| 3 | regular
occupation. The affidavit shall be accompanied by the | ||||||
| 4 | driver's license.
Upon receipt of a properly completed | ||||||
| 5 | affidavit, the Secretary of State
shall issue the driver a | ||||||
| 6 | permit to operate a vehicle in connection with the
driver's | ||||||
| 7 | regular occupation only. Unless the permit is issued by the
| ||||||
| 8 | Secretary of State prior to the date of suspension, the | ||||||
| 9 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
| 10 | forth in the notice that was
mailed under this Section. If an | ||||||
| 11 | affidavit is received subsequent to the
effective date of this | ||||||
| 12 | suspension, a permit may be issued for the remainder
of the | ||||||
| 13 | suspension period.
| ||||||
| 14 | The provisions of this subparagraph shall not apply to any | ||||||
| 15 | driver
required to possess a CDL for the purpose of operating a | ||||||
| 16 | commercial motor vehicle.
| ||||||
| 17 | Any person who falsely states any fact in the affidavit | ||||||
| 18 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
| 19 | and upon conviction
thereof shall have all driving privileges | ||||||
| 20 | revoked without further rights.
| ||||||
| 21 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
| 22 | this Code,
the Secretary of State shall either rescind or | ||||||
| 23 | continue an order of
revocation or shall substitute an order of | ||||||
| 24 | suspension; or, good
cause appearing therefor, rescind, | ||||||
| 25 | continue, change, or extend the
order of suspension. If the | ||||||
| 26 | Secretary of State does not rescind the order,
the Secretary | ||||||
| |||||||
| |||||||
| 1 | may upon application,
to relieve undue hardship (as defined by | ||||||
| 2 | the rules of the Secretary of State), issue
a restricted | ||||||
| 3 | driving permit granting the privilege of driving a motor
| ||||||
| 4 | vehicle between the petitioner's residence and petitioner's | ||||||
| 5 | place of
employment or within the scope of the petitioner's | ||||||
| 6 | employment related duties, or to
allow the petitioner to | ||||||
| 7 | transport himself or herself, or a family member of the
| ||||||
| 8 | petitioner's household to a medical facility, to receive | ||||||
| 9 | necessary medical care, to allow the petitioner to transport | ||||||
| 10 | himself or herself to and from alcohol or drug
remedial or | ||||||
| 11 | rehabilitative activity recommended by a licensed service | ||||||
| 12 | provider, or to allow the petitioner to transport himself or | ||||||
| 13 | herself or a family member of the petitioner's household to | ||||||
| 14 | classes, as a student, at an accredited educational | ||||||
| 15 | institution, or to allow the petitioner to transport children, | ||||||
| 16 | elderly persons, or persons with disabilities who do not hold | ||||||
| 17 | driving privileges and are living in the petitioner's household | ||||||
| 18 | to and from daycare. The
petitioner must demonstrate that no | ||||||
| 19 | alternative means of
transportation is reasonably available | ||||||
| 20 | and that the petitioner will not endanger
the public safety or | ||||||
| 21 | welfare.
| ||||||
| 22 | (A) If a person's license or permit is revoked or | ||||||
| 23 | suspended due to 2
or more convictions of violating Section | ||||||
| 24 | 11-501 of this Code or a similar
provision of a local | ||||||
| 25 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
| 26 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| |||||||
| |||||||
| 1 | where the use of alcohol or other drugs is recited as an | ||||||
| 2 | element of the offense, or a similar out-of-state offense, | ||||||
| 3 | or a combination of these offenses, arising out
of separate | ||||||
| 4 | occurrences, that person, if issued a restricted driving | ||||||
| 5 | permit,
may not operate a vehicle unless it has been | ||||||
| 6 | equipped with an ignition
interlock device as defined in | ||||||
| 7 | Section 1-129.1.
| ||||||
| 8 | (B) If a person's license or permit is revoked or | ||||||
| 9 | suspended 2 or more
times due to any combination of: | ||||||
| 10 | (i) a single conviction of violating Section
| ||||||
| 11 | 11-501 of this Code or a similar provision of a local | ||||||
| 12 | ordinance or a similar
out-of-state offense or Section | ||||||
| 13 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 14 | of 2012, where the use of alcohol or other drugs is | ||||||
| 15 | recited as an element of the offense, or a similar | ||||||
| 16 | out-of-state offense; or | ||||||
| 17 | (ii) a statutory summary suspension or revocation | ||||||
| 18 | under Section
11-501.1; or | ||||||
| 19 | (iii) a suspension under Section 6-203.1; | ||||||
| 20 | arising out of
separate occurrences; that person, if issued | ||||||
| 21 | a restricted driving permit, may
not operate a vehicle | ||||||
| 22 | unless it has been
equipped with an ignition interlock | ||||||
| 23 | device as defined in Section 1-129.1. | ||||||
| 24 | (B-5) If a person's license or permit is revoked or | ||||||
| 25 | suspended due to a conviction for a violation of | ||||||
| 26 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
| |||||||
| |||||||
| 1 | of Section 11-501 of this Code, or a similar provision of a | ||||||
| 2 | local ordinance or similar out-of-state offense, that | ||||||
| 3 | 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 | (C)
The person issued a permit conditioned upon 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 | (D) 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. For any | ||||||
| 18 | person who, within a 5-year period, is convicted of a | ||||||
| 19 | second or subsequent offense under Section 11-501 of this | ||||||
| 20 | Code, or a similar provision of a local ordinance or | ||||||
| 21 | similar out-of-state offense, this employment exemption | ||||||
| 22 | does not apply until either a one-year period has elapsed | ||||||
| 23 | during which that person had his or her driving privileges | ||||||
| 24 | revoked or a one-year period has elapsed during which that | ||||||
| 25 | person had a restricted driving permit which required the | ||||||
| 26 | use of an ignition interlock device on every motor vehicle | ||||||
| |||||||
| |||||||
| 1 | owned or operated by that person. | ||||||
| 2 | (E) In each case the Secretary may issue a
restricted | ||||||
| 3 | driving permit for a period deemed appropriate, except that | ||||||
| 4 | all
permits shall expire no later than 2 years from the | ||||||
| 5 | date of issuance. A
restricted driving permit issued under | ||||||
| 6 | this Section shall be subject to
cancellation, revocation, | ||||||
| 7 | and suspension by the Secretary of State in like
manner and | ||||||
| 8 | for like cause as a driver's license issued under this Code | ||||||
| 9 | may be
cancelled, revoked, or suspended; except that a | ||||||
| 10 | conviction upon one or more
offenses against laws or | ||||||
| 11 | ordinances regulating the movement of traffic
shall be | ||||||
| 12 | deemed sufficient cause for the revocation, suspension, or
| ||||||
| 13 | cancellation of a restricted driving permit. The Secretary | ||||||
| 14 | of State may, as
a condition to the issuance of a | ||||||
| 15 | restricted driving permit, require the
applicant 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 | (F) A person subject to the provisions of paragraph 4 | ||||||
| 21 | of subsection (b) of Section 6-208 of this Code may make | ||||||
| 22 | application for a restricted driving permit at a hearing | ||||||
| 23 | conducted under Section 2-118 of this Code after the | ||||||
| 24 | expiration of 5 years from the effective date of the most | ||||||
| 25 | recent revocation or after 5 years from the date of release | ||||||
| 26 | from a period of imprisonment resulting from a conviction | ||||||
| |||||||
| |||||||
| 1 | of the most recent offense, whichever is later, provided | ||||||
| 2 | the person, in addition to all other requirements of the | ||||||
| 3 | Secretary, shows by clear and convincing evidence: | ||||||
| 4 | (i) a minimum of 3 years of uninterrupted | ||||||
| 5 | abstinence from alcohol and the unlawful use or | ||||||
| 6 | consumption of cannabis under the Cannabis Control | ||||||
| 7 | Act, a controlled substance under the Illinois | ||||||
| 8 | Controlled Substances Act, an intoxicating compound | ||||||
| 9 | under the Use of Intoxicating Compounds Act, or | ||||||
| 10 | methamphetamine under the Methamphetamine Control and | ||||||
| 11 | Community Protection Act; and | ||||||
| 12 | (ii) the successful completion of any | ||||||
| 13 | rehabilitative treatment and involvement in any | ||||||
| 14 | ongoing rehabilitative activity that may be | ||||||
| 15 | recommended by a properly licensed service provider | ||||||
| 16 | according to an assessment of the person's alcohol or | ||||||
| 17 | drug use under Section 11-501.01 of this Code. | ||||||
| 18 | In determining whether an applicant is eligible for a | ||||||
| 19 | restricted driving permit under this subparagraph (F), the | ||||||
| 20 | Secretary may consider any relevant evidence, including, | ||||||
| 21 | but not limited to, testimony, affidavits, records, and the | ||||||
| 22 | results of regular alcohol or drug tests. Persons subject | ||||||
| 23 | to the provisions of paragraph 4 of subsection (b) of | ||||||
| 24 | Section 6-208 of this Code and who have been convicted of | ||||||
| 25 | more than one violation of paragraph (3), paragraph (4), or | ||||||
| 26 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
| |||||||
| |||||||
| 1 | Code shall not be eligible to apply for a restricted | ||||||
| 2 | driving permit under this subparagraph (F). | ||||||
| 3 | A restricted driving permit issued under this | ||||||
| 4 | subparagraph (F) shall provide that the holder may only | ||||||
| 5 | operate motor vehicles equipped with an ignition interlock | ||||||
| 6 | device as required under paragraph (2) of subsection (c) of | ||||||
| 7 | Section 6-205 of this Code and subparagraph (A) of | ||||||
| 8 | paragraph 3 of subsection (c) of this Section. The | ||||||
| 9 | Secretary may revoke a restricted driving permit or amend | ||||||
| 10 | the conditions of a restricted driving permit issued under | ||||||
| 11 | this subparagraph (F) if the holder operates a vehicle that | ||||||
| 12 | is not equipped with an ignition interlock device, or for | ||||||
| 13 | any other reason authorized under this Code. | ||||||
| 14 | A restricted driving permit issued under this | ||||||
| 15 | subparagraph (F) shall be revoked, and the holder barred | ||||||
| 16 | from applying for or being issued a restricted driving | ||||||
| 17 | permit in the future, if the holder is convicted of a | ||||||
| 18 | violation of Section 11-501 of this Code, a similar | ||||||
| 19 | provision of a local ordinance, or a similar offense in | ||||||
| 20 | another state. | ||||||
| 21 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
| 22 | subsection (a), reports received by the Secretary of State | ||||||
| 23 | under this Section shall, except during the actual time the | ||||||
| 24 | suspension is in effect, be privileged information and for use | ||||||
| 25 | only by the courts, police officers, prosecuting authorities, | ||||||
| 26 | the driver licensing administrator of any other state, the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State, or the parent or legal guardian of a driver | ||||||
| 2 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
| 3 | person is a CDL holder, the suspension shall also be made | ||||||
| 4 | available to the driver licensing administrator of any other | ||||||
| 5 | state, the U.S. Department of Transportation, and the affected | ||||||
| 6 | driver or motor
carrier or prospective motor carrier upon | ||||||
| 7 | request.
| ||||||
| 8 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
| 9 | subsection (a), the Secretary of State shall notify the person | ||||||
| 10 | by mail that his or her driving privileges and driver's license | ||||||
| 11 | will be suspended one month after the date of the mailing of | ||||||
| 12 | the notice.
| ||||||
| 13 | (c-5) The Secretary of State may, as a condition of the | ||||||
| 14 | reissuance of a
driver's license or permit to an applicant | ||||||
| 15 | whose driver's license or permit has
been suspended before he | ||||||
| 16 | or she reached the age of 21 years pursuant to any of
the | ||||||
| 17 | provisions of this Section, require the applicant to | ||||||
| 18 | participate in a
driver remedial education course and be | ||||||
| 19 | retested under Section 6-109 of this
Code.
| ||||||
| 20 | (d) This Section is subject to the provisions of the | ||||||
| 21 | Drivers License
Compact.
| ||||||
| 22 | (e) The Secretary of State shall not issue a restricted | ||||||
| 23 | driving permit to
a person under the age of 16 years whose | ||||||
| 24 | driving privileges have been suspended
or revoked under any | ||||||
| 25 | provisions of this Code.
| ||||||
| 26 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
| |||||||
| |||||||
| 1 | State may not issue a restricted driving permit for the | ||||||
| 2 | operation of a commercial motor vehicle to a person holding a | ||||||
| 3 | CDL whose driving privileges have been suspended, revoked, | ||||||
| 4 | cancelled, or disqualified under any provisions of this Code. | ||||||
| 5 | (Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; | ||||||
| 6 | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16; | ||||||
| 7 | 99-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
| ||||||
| 8 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 9 | 2020.".
| ||||||