HB 4795 — NEGLIGENT DRIVING

*LRB09813314MLW47834b* HB4795 98THEngrossed GENERALLRB098 ASSEMBLY13314 StateMLW of47834 Illinoisb andAN 2014ACT HB4795concerning bytransportation. Rep.

John M.

Cabello SYNOPSIS AS INTRODUCED:

ILCS 5/6-206 Amends the Illinois Vehicle Code.

Provides that violations of local are not offenses against traffic regulations governing the movement ofner vehicles for the purpose of the suspension or revocation of a driver's license.

LRB098 13314 MLW 47834 b HOME RULE NOTE ACT MAY APPLY A BILL FOR HB4795 LRB098 13314 MLW 47834 b AN ACT concerning transportation.

The Illinois Vehicle Code is amended by changing Section 6-206 and adding Section 11-503.1 as follows:

Offenses against traffic regulations governing the movement of vehicles do not include a conviction of aSection local11-503.1 ordinanceof thatthis prohibitsCode theor operation of a vehiclesimilar inprovision of a negligentlocal manner.ordinance.

HB4795 Engrossed - 2 - LRB098 13314 MLW 47834 b 3.

Has refused or failed to submit to an examination HB4795 Engrossed - 3 - LRB098 13314 MLW 47834 b provided for by Section 6-207 or has failed to pass the examination;

Has operated a motor vehicle upon a highway of this State when the person's driver's license or permit was HB4795 Engrossed - 4 - LRB098 13314 MLW 47834 b invalid under the provisions of Sections 6-107.1 and 6-110;

HB4795 Engrossed - 5 - LRB098 13314 MLW 47834 b 22.

Has been convicted for a first time of the illegal possession, while operating or in actual physical control, HB4795 Engrossed - 6 - LRB098 13314 MLW 47834 b as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act, in which case the person's driving privileges shall be suspended for one year.

Has been convicted a second or subsequent time for HB4795 Engrossed - 7 - LRB098 13314 MLW 47834 b any combination of the offenses named in paragraph 29 of this subsection, in which case the person's driving privileges shall be suspended for 5 years;

Has committed a violation of Section 11-1301.5 of HB4795 Engrossed - 8 - LRB098 13314 MLW 47834 b this Code or a similar provision of a local ordinance;

Has committed a violation of subsection (a-1) of Section 11-1301.3 of this Code or a similar provision of a HB4795 Engrossed - 9 - LRB098 13314 MLW 47834 b local ordinance;

For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, and 27 of this subsection, license means any driver's license, any traffic ticket issued when the person's driver's license is HB4795 Engrossed - 10 - LRB098 13314 MLW 47834 b deposited in lieu of bail, a suspension notice issued by the Secretary of State, a duplicate or corrected driver's license, a probationary driver's license or a temporary driver's license.

If the Secretary of State suspends the driver's license of a person under subsection 2 of paragraph (a) of this Section, a person's privilege to operate a vehicle as an occupation shall not be suspended, provided an affidavit is properly completed, the appropriate fee received, and a permit issued prior to the effective date of the suspension, unless 5 offenses were committed, at least 2 of HB4795 Engrossed - 11 - LRB098 13314 MLW 47834 b which occurred while operating a commercial vehicle in connection with the driver's regular occupation.

Any person who falsely states any fact in the affidavit required herein shall be guilty of perjury under Section 6-302 and upon conviction thereof shall have all driving HB4795 Engrossed - 12 - LRB098 13314 MLW 47834 b privileges revoked without further rights.

HB4795 Engrossed - 13 - LRB098 13314 MLW 47834 b The petitioner must demonstrate that no alternative means of transportation is reasonably available and that the petitioner will not endanger the public safety or welfare.

(i) a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense or Section 9-3 of the Criminal Code of 1961 or the HB4795 Engrossed - 14 - LRB098 13314 MLW 47834 b Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense;

(E) In each case the Secretary may issue a restricted driving permit for a period deemed appropriate, except that all permits shall expire HB4795 Engrossed - 15 - LRB098 13314 MLW 47834 b within one year from the date of issuance.

The Secretary of State is authorized to cancel a HB4795 Engrossed - 16 - LRB098 13314 MLW 47834 b restricted driving permit if the permit holder does not successfully complete the program.

(c-5) The Secretary of State may, as a condition of the reissuance of a driver's license or permit to an applicant whose driver's license or permit has been suspended before he or she reached the age of 21 years pursuant to any of the provisions of this Section, require the applicant to participate in a driver remedial education course and be HB4795 Engrossed - 17 - LRB098 13314 MLW 47834 b retested under Section 6-109 of this Code.

revised 9-19-13.) (625 ILCS 5/11-503.1 new) Sec.

11-503.1.

Negligent driving.

(a) For purposes of this Section, a person is negligent, or acts negligently, when that person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise in the situation.

(b) A person commits negligent driving if he or she HB4795 Engrossed - 18 - LRB098 13314 MLW 47834 b operates a motor vehicle negligently and without due caution in a manner which endangers or is likely to endanger a person or property.

(c) A violation of this Section shall be a petty offense and subject to a fine not to exceed $25.