Rep. Barbara Flynn Currie
Filed: 3/26/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 4076 




2 AMENDMENT NO. ______. Amend House Bill 4076 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Vehicle Code is amended by 
5changing Section 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 
 
 
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1 against traffic
regulations governing the movement of 
2 vehicles committed within any 12
month period. No 
3 revocation or suspension shall be entered more than
6 
4 months after the date of last conviction;


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


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

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


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


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


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


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


9  9. Has made a false statement or knowingly concealed a 
10 material fact
or has used false information or 
11 identification in any application for a
license, 
12 identification card, or permit;


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


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


24  12. Has submitted to any portion of the application 
25 process for
another person or has obtained the services of 
26 another person to submit to
any portion of the application 
 
 
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1 process for the purpose of obtaining a
license, 
2 identification card, or permit for some other person;


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


6  14. Has committed a violation of Section 6-301, 
7 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B 
8 of the Illinois Identification Card
Act;


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


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


15  17. Has refused to submit to a test, or tests, as 
16 required under Section
11-501.1 of this Code and the person 
17 has not sought a hearing as
provided for in Section 
18 11-501.1;


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


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


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


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

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


5  22. Has used a motor vehicle in violating paragraph 
6 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
7 the Criminal Code of 1961 or the Criminal Code of 2012 
8 relating
to unlawful use of weapons, in which case the 
9 suspension shall be for one
year;


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


14  24. Has been convicted by a court-martial or punished 
15 by non-judicial
punishment by military authorities of the 
16 United States at a military
installation in Illinois of or 
17 for a traffic related offense that is the
same as or 
18 similar to an offense specified under Section 6-205 or 
19 6-206 of
this Code;


20  25. Has permitted any form of identification to be used 
21 by another in
the application process in order to obtain or 
22 attempt to obtain a license,
identification card, or 
23 permit;


24  26. Has altered or attempted to alter a license or has 
25 possessed an
altered license, identification card, or 
26 permit;


 
 
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1  27. Has violated Section 6-16 of the Liquor Control Act 
2 of 1934;


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

14 this offense did occur while the defendant was operating a 
15 motor vehicle
and order the clerk of the court to report 
16 the violation to the Secretary
of State;


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

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


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


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


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


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


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


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


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


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


17  38. Has been convicted of a violation of Section 6-20 
18 of the Liquor
Control Act of 1934 or a similar provision of 
19 a local ordinance;


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

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

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

11  44.
Is under the age of 21 years at the time of arrest 
12 and has been convicted of an offense against traffic 
13 regulations governing the movement of vehicles after 
14 having previously had his or her driving privileges

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

26  47. Has committed a violation of Section 11-502.1 of 
 
 
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1 this Code; or . 
2  48. Has filed a fraudulent income tax return or failed 
3 to pay all or part of any penalty finally determined to be 
4 due for failure to pay the income tax administered by the 
5 Department of Revenue, as shown by a complaint from the 
6 Department of Revenue to the Secretary. Notwithstanding 
7 any other provision of law, this suspension shall remain in 
8 effect until the Department of Revenue notifies the 
9 Secretary that the penalty due has been paid in full, 
10 though the person may be granted a restricted driving 
11 permit under subsection (c) of this Section. The Department 
12 of Revenue shall adopt rules to implement this provision. 
13 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
14and 27 of this
subsection, license means any driver's license, 
15any traffic ticket issued when
the person's driver's license is 
16deposited in lieu of bail, a suspension
notice issued by the 
17Secretary of State, a duplicate or corrected driver's
license, 
18a probationary driver's license or a temporary driver's 
19license.
20 (b) If any conviction forming the basis of a suspension or

21revocation authorized under this Section is appealed, the

22Secretary of State may rescind or withhold the entry of the 
23order of suspension
or revocation, as the case may be, provided 
24that a certified copy of a stay
order of a court is filed with 
25the Secretary of State. If the conviction is
affirmed on 
26appeal, the date of the conviction shall relate back to the 
 
 
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1time
the original judgment of conviction was entered and the 6 
2month limitation
prescribed shall not apply.


3 (c) 1. Upon suspending or revoking the driver's license or 
4permit of
any person as authorized in this Section, the 
5Secretary of State shall
immediately notify the person in 
6writing of the revocation or suspension.
The notice to be 
7deposited in the United States mail, postage prepaid,
to the 
8last known address of the person.


9  2. If the Secretary of State suspends the driver's 
10 license
of a person under subsection 2 of paragraph (a) of 
11 this Section, a
person's privilege to operate a vehicle as 
12 an occupation shall not be
suspended, provided an affidavit 
13 is properly completed, the appropriate fee
received, and a 
14 permit issued prior to the effective date of the

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

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

25 occupation. The affidavit shall be accompanied by the 
26 driver's license.
Upon receipt of a properly completed 
 
 
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1 affidavit, the Secretary of State
shall issue the driver a 
2 permit to operate a vehicle in connection with the
driver's 
3 regular occupation only. Unless the permit is issued by the

4 Secretary of State prior to the date of suspension, the 
5 privilege to drive
any motor vehicle shall be suspended as 
6 set forth in the notice that was
mailed under this Section. 
7 If an affidavit is received subsequent to the
effective 
8 date of this suspension, a permit may be issued for the 
9 remainder
of the suspension period.


10  The provisions of this subparagraph shall not apply to 
11 any driver
required to possess a CDL for the purpose of 
12 operating a commercial motor vehicle.


13  Any person who falsely states any fact in the affidavit 
14 required
herein shall be guilty of perjury under Section 
15 6-302 and upon conviction
thereof shall have all driving 
16 privileges revoked without further rights.


17  3. At the conclusion of a hearing under Section 2-118 
18 of this Code,
the Secretary of State shall either rescind 
19 or continue an order of
revocation or shall substitute an 
20 order of suspension; or, good
cause appearing therefor, 
21 rescind, continue, change, or extend the
order of 
22 suspension. If the Secretary of State does not rescind the 
23 order,
the Secretary may upon application,
to relieve undue 
24 hardship (as defined by the rules of the Secretary of 
25 State), issue
a restricted driving permit granting the 
26 privilege of driving a motor
vehicle between the 
 
 
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1 petitioner's residence and petitioner's place of

2 employment or within the scope of the petitioner's 
3 employment related duties, or to
allow the petitioner to 
4 transport himself or herself, or a family member of the

5 petitioner's household to a medical facility, to receive 
6 necessary medical care, to allow the petitioner to 
7 transport himself or herself to and from alcohol or drug

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

22 
  (A) If a person's license or permit is revoked or 
23 suspended due to 2
or more convictions of violating 
24 Section 11-501 of this Code or a similar
provision of a 
25 local ordinance or a similar out-of-state offense, or 
26 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 offense, or 
3 a similar out-of-state offense, or a combination of 
4 these offenses, arising out
of separate occurrences, 
5 that person, if issued a restricted driving permit,
may 
6 not operate a vehicle unless it has been equipped with 
7 an ignition
interlock device as defined in Section 
8 1-129.1.


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

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

3 not to exceed $30 per month. The Secretary shall 
4 establish by rule the amount
and the procedures, terms, 
5 and conditions relating to these fees.
6   (D) If the
restricted driving permit is issued for 
7 employment purposes, then the prohibition against 
8 operating a motor vehicle that is not equipped with an 
9 ignition interlock device does not apply to the 
10 operation of an occupational vehicle owned or
leased by 
11 that person's employer when used solely for employment 
12 purposes.
13   (E) In each case the Secretary may issue a

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

8 offenses against laws or ordinances regulating the 
9 movement of traffic
shall be deemed sufficient cause 
10 for the revocation, suspension, or
cancellation of a 
11 restricted driving permit. The Secretary of State may, 
12 as
a condition to the issuance of a restricted driving 
13 permit, require the
applicant to participate in a 
14 designated driver remedial or rehabilitative
program. 
15 The Secretary of State is authorized to cancel a 
16 restricted
driving permit if the permit holder does not 
17 successfully complete the program.

18 (c-3) In the case of a suspension under paragraph 43 of 
19subsection (a), reports received by the Secretary of State 
20under this Section shall, except during the actual time the 
21suspension is in effect, be privileged information and for use 
22only by the courts, police officers, prosecuting authorities, 
23the driver licensing administrator of any other state, the 
24Secretary of State, or the parent or legal guardian of a driver 
25under the age of 18. However, beginning January 1, 2008, if the 
26person is a CDL holder, the suspension shall also be made 
 
 
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1available to the driver licensing administrator of any other 
2state, the U.S. Department of Transportation, and the affected 
3driver or motor
carrier or prospective motor carrier upon 
4request.

5 (c-4) In the case of a suspension under paragraph 43 of 
6subsection (a), the Secretary of State shall notify the person 
7by mail that his or her driving privileges and driver's license 
8will be suspended one month after the date of the mailing of 
9the notice.

10 (c-5) The Secretary of State may, as a condition of the 
11reissuance of a
driver's license or permit to an applicant 
12whose driver's license or permit has
been suspended before he 
13or she reached the age of 21 years pursuant to any of
the 
14provisions of this Section, require the applicant to 
15participate in a
driver remedial education course and be 
16retested under Section 6-109 of this
Code.

17 (d) This Section is subject to the provisions of the 
18Drivers License
Compact.

19 (e) The Secretary of State shall not issue a restricted 
20driving permit to
a person under the age of 16 years whose 
21driving privileges have been suspended
or revoked under any 
22provisions of this Code.

23 (f) In accordance with 49 C.F.R. 384, the Secretary of 
24State may not issue a restricted driving permit for the 
25operation of a commercial motor vehicle to a person holding a 
26CDL whose driving privileges have been suspended, revoked, 
 
 
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1cancelled, or disqualified under any provisions of this Code.
2(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 
397-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; 
497-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. 
51-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)".