98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4795
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:



 
625 ILCS 5/6-206

 Amends the Illinois Vehicle Code. Provides that violations of local ordinances that prohibit the operation of a vehicle in a negligent manner are not offenses against traffic regulations governing the movement of vehicles for the purpose of the suspension or revocation of a driver's license.



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HOME RULE NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning transportation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Vehicle Code is amended by changing 
5Section 6-206 as follows:



6 (625 ILCS 5/6-206)


7 Sec. 6-206. Discretionary authority to suspend or revoke 
8license or
permit; Right to a hearing.

9 (a) The Secretary of State is authorized to suspend or 
10revoke the
driving privileges of any person without preliminary 
11hearing upon a showing
of the person's records or other 
12sufficient evidence that
the person:


13  1. Has committed an offense for which mandatory 
14 revocation of
a driver's license or permit is required upon 
15 conviction;


16  2. Has been convicted of not less than 3 offenses 
17 against traffic
regulations governing the movement of 
18 vehicles committed within any 12
month period. Offenses 
19 against traffic regulations governing the movement of 
20 vehicles do not include a conviction of a local ordinance 
21 that prohibits the operation of a vehicle in a negligent 
22 manner. No revocation or suspension shall be entered more 
23 than
6 months after the date of last conviction;


 
 
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1  3. Has been repeatedly involved as a driver in motor 
2 vehicle
collisions or has been repeatedly convicted of 
3 offenses against laws and
ordinances regulating the 
4 movement of traffic, to a degree that
indicates lack of 
5 ability to exercise ordinary and reasonable care in
the 
6 safe operation of a motor vehicle or disrespect for the 
7 traffic laws
and the safety of other persons upon the 
8 highway;


9  4. Has by the unlawful operation of a motor vehicle 
10 caused or
contributed to an accident resulting in injury 
11 requiring
immediate professional treatment in a medical 
12 facility or doctor's office
to any person, except that any 
13 suspension or revocation imposed by the
Secretary of State 
14 under the provisions of this subsection shall start no

15 later than 6 months after being convicted of violating a 
16 law or
ordinance regulating the movement of traffic, which 
17 violation is related
to the accident, or shall start not 
18 more than one year
after
the date of the accident, 
19 whichever date occurs later;


20  5. Has permitted an unlawful or fraudulent use of a 
21 driver's
license, identification card, or permit;


22  6. Has been lawfully convicted of an offense or 
23 offenses in another
state, including the authorization 
24 contained in Section 6-203.1, which
if committed within 
25 this State would be grounds for suspension or revocation;


26  7. Has refused or failed to submit to an examination 
 
 
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1 provided for by
Section 6-207 or has failed to pass the 
2 examination;


3  8. Is ineligible for a driver's license or permit under 
4 the provisions
of Section 6-103;


5  9. Has made a false statement or knowingly concealed a 
6 material fact
or has used false information or 
7 identification in any application for a
license, 
8 identification card, or permit;


9  10. Has possessed, displayed, or attempted to 
10 fraudulently use any
license, identification card, or 
11 permit not issued to the person;


12  11. Has operated a motor vehicle upon a highway of this 
13 State when
the person's driving privilege or privilege to 
14 obtain a driver's license
or permit was revoked or 
15 suspended unless the operation was authorized by
a 
16 monitoring device driving permit, judicial driving permit 
17 issued prior to January 1, 2009, probationary license to 
18 drive, or a restricted
driving permit issued under this 
19 Code;


20  12. Has submitted to any portion of the application 
21 process for
another person or has obtained the services of 
22 another person to submit to
any portion of the application 
23 process for the purpose of obtaining a
license, 
24 identification card, or permit for some other person;


25  13. Has operated a motor vehicle upon a highway of this 
26 State when
the person's driver's license or permit was 
 
 
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1 invalid under the provisions of
Sections 6-107.1 and
6-110;


2  14. Has committed a violation of Section 6-301, 
3 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B 
4 of the Illinois Identification Card
Act;


5  15. Has been convicted of violating Section 21-2 of the 
6 Criminal Code
of 1961 or the Criminal Code of 2012 relating 
7 to criminal trespass to vehicles in which case, the 
8 suspension
shall be for one year;


9  16. Has been convicted of violating Section 11-204 of 
10 this Code relating
to fleeing from a peace officer;


11  17. Has refused to submit to a test, or tests, as 
12 required under Section
11-501.1 of this Code and the person 
13 has not sought a hearing as
provided for in Section 
14 11-501.1;


15  18. Has, since issuance of a driver's license or 
16 permit, been adjudged
to be afflicted with or suffering 
17 from any mental disability or disease;


18  19. Has committed a violation of paragraph (a) or (b) 
19 of Section 6-101
relating to driving without a driver's 
20 license;


21  20. Has been convicted of violating Section 6-104 
22 relating to
classification of driver's license;


23  21. Has been convicted of violating Section 11-402 of

24 this Code relating to leaving the scene of an accident 
25 resulting in damage
to a vehicle in excess of $1,000, in 
26 which case the suspension shall be
for one year;


 
 
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1  22. Has used a motor vehicle in violating paragraph 
2 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
3 the Criminal Code of 1961 or the Criminal Code of 2012 
4 relating
to unlawful use of weapons, in which case the 
5 suspension shall be for one
year;


6  23. Has, as a driver, been convicted of committing a 
7 violation of
paragraph (a) of Section 11-502 of this Code 
8 for a second or subsequent
time within one year of a 
9 similar violation;


10  24. Has been convicted by a court-martial or punished 
11 by non-judicial
punishment by military authorities of the 
12 United States at a military
installation in Illinois of or 
13 for a traffic related offense that is the
same as or 
14 similar to an offense specified under Section 6-205 or 
15 6-206 of
this Code;


16  25. Has permitted any form of identification to be used 
17 by another in
the application process in order to obtain or 
18 attempt to obtain a license,
identification card, or 
19 permit;


20  26. Has altered or attempted to alter a license or has 
21 possessed an
altered license, identification card, or 
22 permit;


23  27. Has violated Section 6-16 of the Liquor Control Act 
24 of 1934;


25  28. Has been convicted for a first time of the illegal 
26 possession, while operating or
in actual physical control, 
 
 
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1 as a driver, of a motor vehicle, of any
controlled 
2 substance prohibited under the Illinois Controlled 
3 Substances
Act, any cannabis prohibited under the Cannabis 
4 Control
Act, or any methamphetamine prohibited under the 
5 Methamphetamine Control and Community Protection Act, in 
6 which case the person's driving privileges shall be 
7 suspended for
one year.
Any defendant found guilty of this 
8 offense while operating a motor vehicle,
shall have an 
9 entry made in the court record by the presiding judge that

10 this offense did occur while the defendant was operating a 
11 motor vehicle
and order the clerk of the court to report 
12 the violation to the Secretary
of State;


13  29. Has been convicted of the following offenses that 
14 were committed
while the person was operating or in actual 
15 physical control, as a driver,
of a motor vehicle: criminal 
16 sexual assault,
predatory criminal sexual assault of a 
17 child,
aggravated criminal sexual
assault, criminal sexual 
18 abuse, aggravated criminal sexual abuse, juvenile
pimping, 
19 soliciting for a juvenile prostitute, promoting juvenile 
20 prostitution as described in subdivision (a)(1), (a)(2), 
21 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 
22 or the Criminal Code of 2012, and the manufacture, sale or

23 delivery of controlled substances or instruments used for 
24 illegal drug use
or abuse in which case the driver's 
25 driving privileges shall be suspended
for one year;


26  30. Has been convicted a second or subsequent time for 
 
 
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1 any
combination of the offenses named in paragraph 29 of 
2 this subsection,
in which case the person's driving 
3 privileges shall be suspended for 5
years;


4  31. Has refused to submit to a test as
required by 
5 Section 11-501.6 of this Code or Section 5-16c of the Boat 
6 Registration and Safety Act or has submitted to a test 
7 resulting in
an alcohol concentration of 0.08 or more or 
8 any amount of a drug, substance, or
compound resulting from 
9 the unlawful use or consumption of cannabis as listed
in 
10 the Cannabis Control Act, a controlled substance as listed 
11 in the Illinois
Controlled Substances Act, an intoxicating 
12 compound as listed in the Use of
Intoxicating Compounds 
13 Act, or methamphetamine as listed in the Methamphetamine 
14 Control and Community Protection Act, in which case the 
15 penalty shall be
as prescribed in Section 6-208.1;


16  32. Has been convicted of Section 24-1.2 of the 
17 Criminal Code of
1961 or the Criminal Code of 2012 relating 
18 to the aggravated discharge of a firearm if the offender 
19 was
located in a motor vehicle at the time the firearm was 
20 discharged, in which
case the suspension shall be for 3 
21 years;


22  33. Has as a driver, who was less than 21 years of age 
23 on the date of
the offense, been convicted a first time of 
24 a violation of paragraph (a) of
Section 11-502 of this Code 
25 or a similar provision of a local ordinance;


26  34. Has committed a violation of Section 11-1301.5 of 
 
 
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1 this Code or a similar provision of a local ordinance;


2  35. Has committed a violation of Section 11-1301.6 of 
3 this Code or a similar provision of a local ordinance;


4  36. Is under the age of 21 years at the time of arrest 
5 and has been
convicted of not less than 2 offenses against 
6 traffic regulations governing
the movement of vehicles 
7 committed within any 24 month period. No revocation
or 
8 suspension shall be entered more than 6 months after the 
9 date of last
conviction;


10  37. Has committed a violation of subsection (c) of 
11 Section 11-907 of this
Code that resulted in damage to the 
12 property of another or the death or injury of another;


13  38. Has been convicted of a violation of Section 6-20 
14 of the Liquor
Control Act of 1934 or a similar provision of 
15 a local ordinance;


16  39. Has committed a second or subsequent violation of 
17 Section
11-1201 of this Code;

18  40. Has committed a violation of subsection (a-1) of 
19 Section 11-908 of
this Code;
20  41. Has committed a second or subsequent violation of 
21 Section 11-605.1 of this Code, a similar provision of a 
22 local ordinance, or a similar violation in any other state 
23 within 2 years of the date of the previous violation, in 
24 which case the suspension shall be for 90 days;
25  42. Has committed a violation of subsection (a-1) of 
26 Section 11-1301.3 of this Code or a similar provision of a 
 
 
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1 local ordinance;

2  43. Has received a disposition of court supervision for 
3 a violation of subsection (a), (d), or (e) of Section 6-20 
4 of the Liquor
Control Act of 1934 or a similar provision of 
5 a local ordinance, in which case the suspension shall be 
6 for a period of 3 months;

7  44.
Is under the age of 21 years at the time of arrest 
8 and has been convicted of an offense against traffic 
9 regulations governing the movement of vehicles after 
10 having previously had his or her driving privileges

11 suspended or revoked pursuant to subparagraph 36 of this 
12 Section;
13  45.
Has, in connection with or during the course of a 
14 formal hearing conducted under Section 2-118 of this Code: 
15 (i) committed perjury; (ii) submitted fraudulent or 
16 falsified documents; (iii) submitted documents that have 
17 been materially altered; or (iv) submitted, as his or her 
18 own, documents that were in fact prepared or composed for 
19 another person;
20  46. Has committed a violation of subsection (j) of 
21 Section 3-413 of this Code; or

22  47. Has committed a violation of Section 11-502.1 of 
23 this Code. 
24 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
25and 27 of this
subsection, license means any driver's license, 
26any traffic ticket issued when
the person's driver's license is 
 
 
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1deposited in lieu of bail, a suspension
notice issued by the 
2Secretary of State, a duplicate or corrected driver's
license, 
3a probationary driver's license or a temporary driver's 
4license.
5 (b) If any conviction forming the basis of a suspension or

6revocation authorized under this Section is appealed, the

7Secretary of State may rescind or withhold the entry of the 
8order of suspension
or revocation, as the case may be, provided 
9that a certified copy of a stay
order of a court is filed with 
10the Secretary of State. If the conviction is
affirmed on 
11appeal, the date of the conviction shall relate back to the 
12time
the original judgment of conviction was entered and the 6 
13month limitation
prescribed shall not apply.


14 (c) 1. Upon suspending or revoking the driver's license or 
15permit of
any person as authorized in this Section, the 
16Secretary of State shall
immediately notify the person in 
17writing of the revocation or suspension.
The notice to be 
18deposited in the United States mail, postage prepaid,
to the 
19last known address of the person.


20  2. If the Secretary of State suspends the driver's 
21 license
of a person under subsection 2 of paragraph (a) of 
22 this Section, a
person's privilege to operate a vehicle as 
23 an occupation shall not be
suspended, provided an affidavit 
24 is properly completed, the appropriate fee
received, and a 
25 permit issued prior to the effective date of the

26 suspension, unless 5 offenses were committed, at least 2 of 
 
 
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1 which occurred
while operating a commercial vehicle in 
2 connection with the driver's
regular occupation. All other 
3 driving privileges shall be suspended by the
Secretary of 
4 State. Any driver prior to operating a vehicle for

5 occupational purposes only must submit the affidavit on 
6 forms to be
provided by the Secretary of State setting 
7 forth the facts of the person's
occupation. The affidavit 
8 shall also state the number of offenses
committed while 
9 operating a vehicle in connection with the driver's regular

10 occupation. The affidavit shall be accompanied by the 
11 driver's license.
Upon receipt of a properly completed 
12 affidavit, the Secretary of State
shall issue the driver a 
13 permit to operate a vehicle in connection with the
driver's 
14 regular occupation only. Unless the permit is issued by the

15 Secretary of State prior to the date of suspension, the 
16 privilege to drive
any motor vehicle shall be suspended as 
17 set forth in the notice that was
mailed under this Section. 
18 If an affidavit is received subsequent to the
effective 
19 date of this suspension, a permit may be issued for the 
20 remainder
of the suspension period.


21  The provisions of this subparagraph shall not apply to 
22 any driver
required to possess a CDL for the purpose of 
23 operating a commercial motor vehicle.


24  Any person who falsely states any fact in the affidavit 
25 required
herein shall be guilty of perjury under Section 
26 6-302 and upon conviction
thereof shall have all driving 
 
 
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1 privileges revoked without further rights.


2  3. At the conclusion of a hearing under Section 2-118 
3 of this Code,
the Secretary of State shall either rescind 
4 or continue an order of
revocation or shall substitute an 
5 order of suspension; or, good
cause appearing therefor, 
6 rescind, continue, change, or extend the
order of 
7 suspension. If the Secretary of State does not rescind the 
8 order,
the Secretary may upon application,
to relieve undue 
9 hardship (as defined by the rules of the Secretary of 
10 State), issue
a restricted driving permit granting the 
11 privilege of driving a motor
vehicle between the 
12 petitioner's residence and petitioner's place of

13 employment or within the scope of the petitioner's 
14 employment related duties, or to
allow the petitioner to 
15 transport himself or herself, or a family member of the

16 petitioner's household to a medical facility, to receive 
17 necessary medical care, to allow the petitioner to 
18 transport himself or herself to and from alcohol or drug

19 remedial or rehabilitative activity recommended by a 
20 licensed service provider, or to allow the petitioner to 
21 transport himself or herself or a family member of the 
22 petitioner's household to classes, as a student, at an 
23 accredited educational institution, or to allow the 
24 petitioner to transport children, elderly persons, or 
25 disabled persons who do not hold driving privileges and are 
26 living in the petitioner's household to and from daycare. 
 
 
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1 The
petitioner must demonstrate that no alternative means 
2 of
transportation is reasonably available and that the 
3 petitioner will not endanger
the public safety or welfare. 
4 Those multiple offenders identified in subdivision (b)4 of 
5 Section 6-208 of this Code, however, shall not be eligible 
6 for the issuance of a restricted driving permit.

7 
  (A) If a person's license or permit is revoked or 
8 suspended due to 2
or more convictions of violating 
9 Section 11-501 of this Code or a similar
provision of a 
10 local ordinance or a similar out-of-state offense, or 
11 Section 9-3 of the Criminal Code of 1961 or the 
12 Criminal Code of 2012, where the use of alcohol or 
13 other drugs is recited as an element of the offense, or 
14 a similar out-of-state offense, or a combination of 
15 these offenses, arising out
of separate occurrences, 
16 that person, if issued a restricted driving permit,
may 
17 not operate a vehicle unless it has been equipped with 
18 an ignition
interlock device as defined in Section 
19 1-129.1.


20   (B) If a person's license or permit is revoked or 
21 suspended 2 or more
times within a 10 year period due 
22 to any combination of:
23    (i) a single conviction of violating Section

24 11-501 of this Code or a similar provision of a 
25 local ordinance or a similar
out-of-state offense 
26 or Section 9-3 of the Criminal Code of 1961 or the 
 
 
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1 Criminal Code of 2012, where the use of alcohol or 
2 other drugs is recited as an element of the 
3 offense, or a similar out-of-state offense; or
4    (ii) a statutory summary suspension or 
5 revocation under Section
11-501.1; or
6    (iii) a suspension under Section 6-203.1; 
7  arising out of
separate occurrences; that person, if 
8 issued a restricted driving permit, may
not operate a 
9 vehicle unless it has been
equipped with an ignition 
10 interlock device as defined in Section 1-129.1.
11   (C)
The person issued a permit conditioned upon the 
12 use of an ignition interlock device must pay to the 
13 Secretary of State DUI Administration Fund an amount

14 not to exceed $30 per month. The Secretary shall 
15 establish by rule the amount
and the procedures, terms, 
16 and conditions relating to these fees.
17   (D) If the
restricted driving permit is issued for 
18 employment purposes, then the prohibition against 
19 operating a motor vehicle that is not equipped with an 
20 ignition interlock device does not apply to the 
21 operation of an occupational vehicle owned or
leased by 
22 that person's employer when used solely for employment 
23 purposes.
24   (E) In each case the Secretary may issue a

25 restricted driving permit for a period deemed 
26 appropriate, except that all
permits shall expire 
 
 
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1 within one year from the date of issuance. The 
2 Secretary
may not, however, issue a restricted driving 
3 permit to any person whose current
revocation is the 
4 result of a second or subsequent conviction for a 
5 violation
of Section 11-501 of this Code or a similar 
6 provision of a local ordinance
or any similar 
7 out-of-state offense, or Section 9-3 of the Criminal 
8 Code of 1961 or the Criminal Code of 2012, where the 
9 use of alcohol or other drugs is recited as an element 
10 of the offense, or any similar out-of-state offense, or 
11 any combination
of those offenses, until the 
12 expiration of at least one year from the date of
the 
13 revocation. A
restricted driving permit issued under 
14 this Section shall be subject to
cancellation, 
15 revocation, and suspension by the Secretary of State in 
16 like
manner and for like cause as a driver's license 
17 issued under this Code may be
cancelled, revoked, or 
18 suspended; except that a conviction upon one or more

19 offenses against laws or ordinances regulating the 
20 movement of traffic
shall be deemed sufficient cause 
21 for the revocation, suspension, or
cancellation of a 
22 restricted driving permit. The Secretary of State may, 
23 as
a condition to the issuance of a restricted driving 
24 permit, require the
applicant to participate in a 
25 designated driver remedial or rehabilitative
program. 
26 The Secretary of State is authorized to cancel a 
 
 
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1 restricted
driving permit if the permit holder does not 
2 successfully complete the program.

3 (c-3) In the case of a suspension under paragraph 43 of 
4subsection (a), reports received by the Secretary of State 
5under this Section shall, except during the actual time the 
6suspension is in effect, be privileged information and for use 
7only by the courts, police officers, prosecuting authorities, 
8the driver licensing administrator of any other state, the 
9Secretary of State, or the parent or legal guardian of a driver 
10under the age of 18. However, beginning January 1, 2008, if the 
11person is a CDL holder, the suspension shall also be made 
12available to the driver licensing administrator of any other 
13state, the U.S. Department of Transportation, and the affected 
14driver or motor
carrier or prospective motor carrier upon 
15request.

16 (c-4) In the case of a suspension under paragraph 43 of 
17subsection (a), the Secretary of State shall notify the person 
18by mail that his or her driving privileges and driver's license 
19will be suspended one month after the date of the mailing of 
20the notice.

21 (c-5) The Secretary of State may, as a condition of the 
22reissuance of a
driver's license or permit to an applicant 
23whose driver's license or permit has
been suspended before he 
24or she reached the age of 21 years pursuant to any of
the 
25provisions of this Section, require the applicant to 
26participate in a
driver remedial education course and be 
 
 
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1retested under Section 6-109 of this
Code.

2 (d) This Section is subject to the provisions of the 
3Drivers License
Compact.

4 (e) The Secretary of State shall not issue a restricted 
5driving permit to
a person under the age of 16 years whose 
6driving privileges have been suspended
or revoked under any 
7provisions of this Code.

8 (f) In accordance with 49 C.F.R. 384, the Secretary of 
9State may not issue a restricted driving permit for the 
10operation of a commercial motor vehicle to a person holding a 
11CDL whose driving privileges have been suspended, revoked, 
12cancelled, or disqualified under any provisions of this Code.
13(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 
1497-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; 
1597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. 
161-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)