SB 2713 — TRANSPORTATION-TECH

SB2713 EngrossedEnrolled LRB095 05854 LCT 25945 b AN ACT concerning transportation.

Has been repeatedly involved as a driver in motor vehicle collisions or has been repeatedly convicted of SB2713 EngrossedEnrolled - 2 - LRB095 05854 LCT 25945 b offenses against laws and ordinances regulating the movement of traffic, to a degree that indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;

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Has used a motor vehicle in violating paragraph SB2713 EngrossedEnrolled - 5 - LRB095 05854 LCT 25945 b (3), (4), (7), or (9) of subsection (a) of Section 24-1 of the Criminal Code of 1961 relating to unlawful use of weapons, in which case the suspension shall be for one year;

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 SB2713 EngrossedEnrolled - 6 - LRB095 05854 LCT 25945 b 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 Control and Community Protection Act shall be suspended for 5 years.

criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, SB2713 EngrossedEnrolled - 7 - LRB095 05854 LCT 25945 b soliciting for a juvenile prostitute and the manufacture, sale or delivery of controlled substances or instruments used for illegal drug use or abuse in which case the driver’s driving privileges shall be suspended for one year;

Has as a driver, who was less than 21 years of age SB2713 EngrossedEnrolled - 8 - LRB095 05854 LCT 25945 b on the date of the offense, been convicted a first time of a violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance;

Has committed a second or subsequent violation of Section 11-605.1 of this Code within 2 years of the date of the previous violation, in which case the suspension shall SB2713 EngrossedEnrolled - 9 - LRB095 05854 LCT 25945 b be for 90 days;

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 deposited in lieu of bail, a suspension notice issued by the Secretary of State, a duplicate or corrected driver’s license, SB2713 EngrossedEnrolled - 10 - LRB095 05854 LCT 25945 b a probationary driver’s license or a temporary driver’s license.

All other SB2713 EngrossedEnrolled - 11 - LRB095 05854 LCT 25945 b driving privileges shall be suspended by the Secretary of State.

At the conclusion of a hearing under Section 2-118 SB2713 EngrossedEnrolled - 12 - LRB095 05854 LCT 25945 b of this Code, the Secretary of State shall either rescind or continue an order of revocation or shall substitute an order of suspension;

(A) If a person’s license or permit is revoked or suspended due to 2 or more convictions of violating SB2713 EngrossedEnrolled - 13 - LRB095 05854 LCT 25945 b 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, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, 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.

or (iii) a suspension under Section 6-203.1;, 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 SB2713 EngrossedEnrolled - 14 - LRB095 05854 LCT 25945 b 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 or any similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or any similar out-of-state offense, or any combination of those SB2713 EngrossedEnrolled - 15 - LRB095 05854 LCT 25945 b offenses, until the expiration of at least one year from the date of the revocation.

However, beginning January 1, 2008, if the person is a CDL holder, the suspension shall also be made SB2713 EngrossedEnrolled - 16 - LRB095 05854 LCT 25945 b available to the driver licensing administrator of any other state, the U.S.

384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, SB2713 EngrossedEnrolled - 17 - LRB095 05854 LCT 25945 b cancelled, or disqualified under any provisions of this Code.