HB 4008 — VEH CD-LICENSE EXEMPTION

*LRB09908870RJF29042b* HB4008 99THEngrossed GENERALLRB099 ASSEMBLY08870 StateRJF of29042 Illinoisb andAN 2016ACT HB4008concerning bytransportation. Rep.

Jay Hoffman SYNOPSIS AS INTRODUCED:

ILCS 5/6-102 from Ch.

95 1/2, par.

6-102 ILCS 5/6-303 from Ch.

95 1/2, par.

6-303 Amends the Illinois Vehicle Code.

Provides that a person operating a farm tractor (regardless of whether operation of the farm tractor is between the home farm buildings and any adjacent or nearby land) for the exclusive purpose of conducting farm operations need not be licensed as a driver.

Provides that U.S.

government employees operating a motor vehicle owned or leased by the U.S.

government;

road machines and farm tractors;

and crew members involved in the operation of trains, are exempt from provisions concerning driving while a driver's license, permit or privilege to operate a motor vehicle is suspended or revoked.

LRB099 08870 RJF 29042 b A BILL FOR HB4008 LRB099 08870 RJF 29042 b AN ACT concerning transportation.

A nonresident and his spouse and children living with him who is a student at a college or university in Illinois who have a valid license issued by their home HB4008 Engrossed - 2 - LRB099 08870 RJF 29042 b State.

An engineer, conductor, brakeman, or any other HB4008 Engrossed - 3 - LRB099 08870 RJF 29042 b member of the crew of a locomotive or train being operated upon rails, including operation on a railroad crossing over a public street, road or highway.

(a) Except as otherwise provided in subsection (a-5), and exceptedexcept as exempted under subsectionssubsection 1,4 4, and 8 of Section 6-102 of this Code, any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person's driver's license, permit or privilege to do so or the privilege to obtain a driver's license or permit is revoked or suspended as provided by this Code or the law of another HB4008 Engrossed - 4 - LRB099 08870 RJF 29042 b Code or the law of another state, except as may be specifically allowed by a judicial driving permit issued prior to January 1, 2009, monitoring device driving permit, family financial responsibility driving permit, probationary license to drive, or a restricted driving permit issued pursuant to this Code or under the law of another state, shall be guilty of a Class A misdemeanor.

The person shall be required to undergo a professional evaluation, as provided in Section 11-501 of this Code, to HB4008 - 5 - LRB099 08870 RJF 29042 b determine if an alcohol, drug, or intoxicating compound problem HB4008 Engrossed - 5 - LRB099 08870 RJF 29042 b exists and the extent of the problem, and to undergo the imposition of treatment as appropriate.

(b-2) Except as provided in subsection (b-6), upon receiving a report of the conviction of any violation HB4008 - 6 - LRB099 08870 RJF 29042 b indicating a person was operating a motor vehicle when the HB4008 Engrossed - 6 - LRB099 08870 RJF 29042 b person's driver's license, permit or privilege was revoked by the Secretary of State or the driver's license administrator of any other state, except as specifically allowed by a restricted driving permit issued pursuant to this Code or the law of another state, the Secretary shall not issue a driver's license for an additional period of one year from the date of such conviction indicating such person was operating a vehicle during such period of revocation.

(b-6) Upon receiving a report of a first conviction of HB4008 - 7 - LRB099 08870 RJF 29042 b operating a motor vehicle while the person's driver's license, HB4008 Engrossed - 7 - LRB099 08870 RJF 29042 b permit or privilege was revoked where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, the Secretary shall not issue a driver's license for an additional period of three years from the date of such conviction.

(c-1) Except as provided in subsections (c-5) and (d), any HB4008 - 8 - LRB099 08870 RJF 29042 b person convicted of a second violation of this Section shall be HB4008 Engrossed - 8 - LRB099 08870 RJF 29042 b ordered by the court to serve a minimum of 100 hours of community service.

(1) the current violation occurred when the person's HB4008 - 9 - LRB099 08870 RJF 29042 b driver's license was suspended or revoked for a violation HB4008 Engrossed - 9 - LRB099 08870 RJF 29042 b of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar out-of-state offense;

and (2) the prior conviction under this Section occurred while the person's driver's license was suspended or HB4008 - 10 - LRB099 08870 RJF 29042 b revoked for a violation of Section 11-401 or 11-501 of this HB4008 Engrossed - 10 - LRB099 08870 RJF 29042 b Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code, or for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar out-of-state offense.

and (2) the prior convictions under this Section occurred while the person's driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or HB4008 - 11 - LRB099 08870 RJF 29042 b revocation under Section 11-501.1 of this Code, or for a HB4008 Engrossed - 11 - LRB099 08870 RJF 29042 b violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar out-of-state offense.

(d-3) Any person convicted of a fourth, fifth, sixth, HB4008 - 12 - LRB099 08870 RJF 29042 b seventh, eighth, or ninth violation of this Section is guilty HB4008 Engrossed - 12 - LRB099 08870 RJF 29042 b of a Class 4 felony and must serve a minimum term of imprisonment of 180 days, if:

(1) the current violation occurred when the person's driver's license was suspended or revoked for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal HB4008 - 13 - LRB099 08870 RJF 29042 b Code of 2012, relating to the offense of reckless homicide, HB4008 Engrossed - 13 - LRB099 08870 RJF 29042 b or a similar out-of-state offense;

and (2) the prior convictions under this Section occurred while the person's driver's license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision HB4008 - 14 - LRB099 08870 RJF 29042 b of a local ordinance, or a statutory suspension or HB4008 Engrossed - 14 - LRB099 08870 RJF 29042 b revocation under Section 11-501.1 of this Code, or for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar out-of-state offense.

(e) Any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements, in addition to other penalties imposed HB4008 - 15 - LRB099 08870 RJF 29042 b under this Section, shall have his or her motor vehicle HB4008 Engrossed - 15 - LRB099 08870 RJF 29042 b immediately impounded by the arresting law enforcement officer.

HB4008 - 16 - LRB099 08870 RJF 29042 b (Source:

HB4008 Engrossed - 16 - LRB099 08870 RJF 29042 b 98-285, eff.