HB 663 — VEH CD-SUSPENSION-CAUSED DEATH

*LRB09504110DRH24148b* HB0663 95THEngrossed GENERALLRB095 ASSEMBLY04110 StateDRH of24148 Illinoisb andAN 2008ACT HB0663concerning Introducedtransportation. 2/6/2007, by Rep.

William B.

Black SYNOPSIS AS INTRODUCED:

ILCS 5/6-205 from Ch.

95 1/2, par.

6-205 ILCS 5/6-206 from Ch.

95 1/2, par.

6-206 Amends the Illinois Vehicle Code.

Provides that the Secretary of State shall immediately revoke (rather than may, within 6 months of the date of conviction or one year of the date of the accident, revoke or suspend) the driving privileges of any person who has been convicted of an offense that involved the unlawful operation of a motor vehicle and caused or contributed to an accident resulting in the death of any person.

LRB095 04110 DRH 24148 b A BILL FOR HB0663 LRB095 04110 DRH 24148 b AN ACT concerning transportation.

HB0663 Engrossed - 2 - LRB095 04110 DRH 24148 b 4.

Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if HB0663 Engrossed - 3 - LRB095 04110 DRH 24148 b the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense.offense;.

14.

Any offense against any provision in the Illinois Vehicle Code, or any local ordinance, regulating the movement of traffic, that has caused or contributed to an accident resulting in the death of any person.

Of any person when any other law of this State requires either the revocation or suspension of a license or permit;permit.

3.(c) Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the HB0663 Engrossed - 4 - LRB095 04110 DRH 24148 b scope of the petitioner’s employment related duties, or to allow transportation for the petitioner or a household member of the petitioner’s family for the receipt of necessary medical care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;

Of any person who has been convicted of an offense that involved the unlawful operation of a motor vehicle and caused or contributed to an accident resulting in the death of any person.

(c) Whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the HB0663 - 4 - LRB095 04110 DRH 24148 b scope of the petitioner’s employment related duties, or to allow transportation for the petitioner or a household member of the petitioner’s family for the receipt of necessary medical care or, if the professional evaluation indicates, provide transportation for the petitioner for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;

If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to 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, and a statutory summary suspension under HB0663 Engrossed - 5 - LRB095 04110 DRH 24148 b Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.

A restricted driving permit issued under this HB0663 Engrossed - 6 - LRB095 04110 DRH 24148 b Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver’s license issued under this Code may be cancelled, revoked, or suspended;

or as otherwise provided by this HB0663 Engrossed - 7 - LRB095 04110 DRH 24148 b Section for a period of one year.

If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to 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, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate HB0663 Engrossed - 8 - LRB095 04110 DRH 24148 b a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.

(g) The Secretary of State shall not issue a restricted HB0663 Engrossed - 9 - LRB095 04110 DRH 24148 b driving permit to a person under the age of 16 years whose driving privileges have been revoked under any provisions of this Code.

6-206) HB0663 Engrossed - 10 - LRB095 04110 DRH 24148 b Sec.

Has by the unlawful operation of a motor vehicle caused or contributed to an accident resulting in death or injury requiring immediate professional treatment in a medical facility or doctor’s office to any person, except HB0663 Engrossed - 11 - LRB095 04110 DRH 24148 b that any suspension or revocation imposed by the Secretary of State under the provisions of this subsection shall start no later than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, which violation is related to the accident, or shall start not more than one year after the date of the accident, whichever date occurs later;

Has operated a motor vehicle upon a highway of this HB0663 Engrossed - 12 - LRB095 04110 DRH 24148 b State when the person’s driving privilege or privilege to obtain a driver’s license or permit was revoked or suspended unless the operation was authorized by a judicial driving permit, probationary license to drive, or a restricted driving permit issued under this Code;

HB0663 Engrossed - 13 - LRB095 04110 DRH 24148 b 18.

Has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the United States at a military installation in Illinois of or for a traffic related offense that is the same as or similar to an offense specified under Section 6-205 or HB0663 Engrossed - 14 - LRB095 04110 DRH 24148 b 6-206 of this Code;

Has been convicted of the illegal possession, while operating or in actual physical control, 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, and any driver who is convicted of a second or subsequent offense, within 5 years of a previous conviction, for the illegal possession, while operating or in actual physical control, 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 HB0663 Engrossed - 15 - LRB095 04110 DRH 24148 b Control and Community Protection Act shall be suspended for 5 years.

Has refused to submit to a test as required by Section 11-501.6 or has submitted to a test resulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful HB0663 Engrossed - 16 - LRB095 04110 DRH 24148 b use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance as listed in the Illinois Controlled Substances Act, or an intoxicating compound as listed in the Use of Intoxicating Compounds Act, in which case the penalty shall be as prescribed in Section 6-208.1;

Has committed a violation of subsection (c) of HB0663 Engrossed - 17 - LRB095 04110 DRH 24148 b Section 11-907 of this Code;

(b) If any conviction forming the basis of a suspension or revocation authorized under this Section is appealed, the Secretary of State may rescind or withhold the entry of the order of suspension or revocation, as the case may be, provided that a certified copy of a stay order of a court is filed with HB0663 Engrossed - 18 - LRB095 04110 DRH 24148 b the Secretary of State.

The affidavit shall also state the number of offenses committed while operating a vehicle in connection with the driver’s regular HB0663 Engrossed - 19 - LRB095 04110 DRH 24148 b occupation.

If the Secretary of State does not rescind the order, the Secretary may upon application, to relieve undue hardship, issue a restricted driving permit granting the HB0663 Engrossed - 20 - LRB095 04110 DRH 24148 b privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the scope of his employment related duties, or to allow transportation for the petitioner, or a household member of the petitioner’s family, to receive necessary medical care and if the professional evaluation indicates, provide transportation for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution;

If a person’s license or permit has been revoked or suspended 2 or more times within a 10 year period due to 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, and a statutory summary suspension HB0663 Engrossed - 21 - LRB095 04110 DRH 24148 b under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.

The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any similar out-of-state offense, or any combination of those offenses, until the expiration of at HB0663 Engrossed - 22 - LRB095 04110 DRH 24148 b least one year from the date of the revocation.

(e) The Secretary of State shall not issue a restricted driving permit to a person under the age of 16 years whose HB0663 Engrossed - 23 - LRB095 04110 DRH 24148 b driving privileges have been suspended or revoked under any provisions of this Code.