98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5661

Introduced , by Rep. Frances Ann Hurley

SYNOPSIS AS INTRODUCED:

625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208

Amends the Illinois Vehicle Code. Provides that in addition to the offenses of reckless homicide and aggravated driving under the influence, any felony violation of the laws of any state or the federal government involving the use of a vehicle that results in the death of another person shall prevent a person whose license has been revoked from applying for a new license until the expiration of 2 years from the effective date of the revocation or the expiration of 24 months from the date of release from a period of imprisonment, whichever is later. Effective immediately.

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A BILL FOR

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1 AN ACT concerning transportation, which may be referred to

2 as Brittany's Law.

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

4 represented in the General Assembly:

5 Section 5. The Illinois Vehicle Code is amended by changing

6 Section 6-208 as follows:

7 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)

8 Sec. 6-208. Period of Suspension - Application After

9 Revocation.

10 (a) Except as otherwise provided by this Code or any other

11 law of this State, the Secretary of State shall not suspend a

12 driver's license, permit, or privilege to drive a motor vehicle

13 on the highways for a period of more than one year.

14 (b) Any person whose license, permit, or privilege to drive

15 a motor vehicle on the highways has been revoked shall not be

16 entitled to have such license, permit, or privilege renewed or

17 restored. However, such person may, except as provided under

18 subsections (d) and (d-5) of Section 6-205, make application

19 for a license pursuant to Section 6-106 (i) if the revocation

20 was for a cause that has been removed or (ii) as provided in

21 the following subparagraphs:

22 1. Except as provided in subparagraphs 1.5, 2, 3, 4,

23 and 5, the person may make application for a license (A)

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1 after the expiration of one year from the effective date of

2 the revocation, (B) in the case of a violation of paragraph

3 (b) of Section 11-401 of this Code or a similar provision

4 of a local ordinance, after the expiration of 3 years from

5 the effective date of the revocation, or (C) in the case of

6 a violation of Section 9-3 of the Criminal Code of 1961 or

7 the Criminal Code of 2012 or a similar provision of a law

8 of another state relating to the offense of reckless

9 homicide, or a violation of subparagraph (F) of paragraph 1

10 of subsection (d) of Section 11-501 of this Code relating

11 to aggravated driving under the influence of alcohol, other

12 drug or drugs, intoxicating compound or compounds, or any

13 combination thereof, if the violation was the proximate

14 cause of a death, or a violation of any felony offense

15 under the laws of any state or the federal government if

16 the violation is the proximate cause of the death of

17 another and in performing the acts which caused the death

18 of another a motor vehicle was used, after the expiration

19 of 2 years from the effective date of the revocation or

20 after the expiration of 24 months from the date of release

21 from a period of imprisonment as provided in Section 6-103

22 of this Code, whichever is later.

23 1.5. If the person is convicted of a violation of

24 Section 6-303 of this Code committed while his or her

25 driver's license, permit, or privilege was revoked because

26 of a violation of Section 9-3 of the Criminal Code of 1961

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1 or the Criminal Code of 2012, relating to the offense of

2 reckless homicide, or a similar provision of a law of

3 another state, the person may not make application for a

4 license or permit until the expiration of 3 years from the

5 date of the conviction.

6 2. If such person is convicted of committing a second

7 violation within a 20-year period of:

8 (A) Section 11-501 of this Code or a similar

9 provision of a local ordinance;

10 (B) Paragraph (b) of Section 11-401 of this Code or

11 a similar provision of a local ordinance;

12 (C) Section 9-3 of the Criminal Code of 1961 or the

13 Criminal Code of 2012, relating to the offense of

14 reckless homicide; or

15 (D) any combination of the above offenses

16 committed at different instances;

17 then such person may not make application for a license

18 until after the expiration of 5 years from the effective

19 date of the most recent revocation. The 20-year period

20 shall be computed by using the dates the offenses were

21 committed and shall also include similar out-of-state

22 offenses and similar offenses committed on a military

23 installation.

24 2.5. If a person is convicted of a second violation of

25 Section 6-303 of this Code committed while the person's

26 driver's license, permit, or privilege was revoked because

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1 of a violation of Section 9-3 of the Criminal Code of 1961

2 or the Criminal Code of 2012, relating to the offense of

3 reckless homicide, or a similar provision of a law of

4 another state, the person may not make application for a

5 license or permit until the expiration of 5 years from the

6 date of release from a term of imprisonment.

7 3. However, except as provided in subparagraph 4, if

8 such person is convicted of committing a third or

9 subsequent violation or any combination of the above

10 offenses, including similar out-of-state offenses and

11 similar offenses committed on a military installation,

12 contained in subparagraph 2, then such person may not make

13 application for a license until after the expiration of 10

14 years from the effective date of the most recent

15 revocation.

16 4. The person may not make application for a license if

17 the person is convicted of committing a fourth or

18 subsequent violation of Section 11-501 of this Code or a

19 similar provision of a local ordinance, Section 11-401 of

20 this Code, Section 9-3 of the Criminal Code of 1961 or the

21 Criminal Code of 2012, or a combination of these offenses,

22 similar provisions of local ordinances, similar

23 out-of-state offenses, or similar offenses committed on a

24 military installation.

25 5. The person may not make application for a license or

26 permit if the person is convicted of a third or subsequent

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1 violation of Section 6-303 of this Code committed while his

2 or her driver's license, permit, or privilege was revoked

3 because of a violation of Section 9-3 of the Criminal Code

4 of 1961 or the Criminal Code of 2012, relating to the

5 offense of reckless homicide, or a similar provision of a

6 law of another state.

7 Notwithstanding any other provision of this Code, all

8 persons referred to in this paragraph (b) may not have their

9 privileges restored until the Secretary receives payment of the

10 required reinstatement fee pursuant to subsection (b) of

11 Section 6-118.

12 In no event shall the Secretary issue such license unless

13 and until such person has had a hearing pursuant to this Code

14 and the appropriate administrative rules and the Secretary is

15 satisfied, after a review or investigation of such person, that

16 to grant the privilege of driving a motor vehicle on the

17 highways will not endanger the public safety or welfare.

18 (c) (Blank).

19 (Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)

20 Section 99. Effective date. This Act takes effect upon

21 becoming law.