Bill Text: IL HB2862 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that certain persons ineligible to re-apply for a license may instead apply for a restricted driving permit after the expiration of 3 years from the effective date of the most recent revocation, provided: the person proves by a preponderance of the evidence a minimum 3 years of uninterrupted sobriety from alcohol and other drugs; the person proves by a preponderance of the evidence a minimum 3 years of active, weekly involvement in a recognized support program designed to assist persons to remain sober from alcohol and other drugs; and the person may only operate vehicles fitted with an interlock ignition device. Provides that the Secretary of State shall cancel a restricted driving permit issued under the above conditions if the holder fails to comply with the interlock ignition device requirements and that such a person shall be ineligible to re-apply for restricted driving privileges. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2862 Detail]

Download: Illinois-2011-HB2862-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB2862 Introduced 2/22/2011, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
Amends the Illinois Vehicle Code. Provides that certain persons ineligible to re-apply for a license may instead apply for a restricted driving permit after the expiration of 3 years from the effective date of the most recent revocation, provided: the person proves by a preponderance of the evidence a minimum 3 years of uninterrupted sobriety from alcohol and other drugs; the person proves by a preponderance of the evidence a minimum 3 years of active, weekly involvement in a recognized support program designed to assist persons to remain sober from alcohol and other drugs; and the person may only operate vehicles fitted with an interlock ignition device. Provides that the Secretary of State shall cancel a restricted driving permit issued under the above conditions if the holder fails to comply with the interlock ignition device requirements and that such a person shall be ineligible to re-apply for restricted driving privileges. Effective immediately.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 6-208 as follows:
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
Sec. 6-208. Period of Suspension - Application After
Revocation.
(a) Except as otherwise provided by this Code or any other
law of this State, the Secretary of State shall not suspend a
driver's license, permit, or privilege to drive a motor vehicle
on the highways for a period of more than one year.
(b) Any person whose license, permit, or privilege to drive
a motor vehicle on the highways has been revoked shall not be
entitled to have such license, permit, or privilege renewed or
restored. However, such person may, except as provided under
subsections (d) and (d-5) of Section 6-205, make application
for a license pursuant to Section 6-106 (i) if the revocation
was for a cause that has been removed or (ii) as provided in
the following subparagraphs:
1. Except as provided in subparagraphs 1.5, 2, 3, 4,
and 5, the person may make application for a license (A)
after the expiration of one year from the effective date of

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the revocation, (B) in the case of a violation of paragraph
(b) of Section 11-401 of this Code or a similar provision
of a local ordinance, after the expiration of 3 years from
the effective date of the revocation, or (C) in the case of
a violation of Section 9-3 of the Criminal Code of 1961 or
a similar provision of a law of another state relating to
the offense of reckless homicide or a violation of
subparagraph (F) of paragraph 1 of subsection (d) of
Section 11-501 of this Code relating to aggravated driving
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, if the violation was the proximate cause of a
death, after the expiration of 2 years from the effective
date of the revocation or after the expiration of 24 months
from the date of release from a period of imprisonment as
provided in Section 6-103 of this Code, whichever is later.
1.5. If the person is convicted of a violation of
Section 6-303 of this Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide, or a similar
provision of a law of another state, the person may not
make application for a license or permit until the
expiration of 3 years from the date of the conviction.
2. If such person is convicted of committing a second
violation within a 20-year period of:

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(A) Section 11-501 of this Code or a similar
provision of a local ordinance;
(B) Paragraph (b) of Section 11-401 of this Code or
a similar provision of a local ordinance;
(C) Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide; or
(D) any combination of the above offenses
committed at different instances;
then such person may not make application for a license
until after the expiration of 5 years from the effective
date of the most recent revocation. The 20-year period
shall be computed by using the dates the offenses were
committed and shall also include similar out-of-state
offenses and similar offenses committed on a military
installation.
2.5. If a person is convicted of a second violation of
Section 6-303 of this Code committed while the person's
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide, or a similar
provision of a law of another state, the person may not
make application for a license or permit until the
expiration of 5 years from the date of release from a term
of imprisonment.
3. However, except as provided in subparagraph 4, if
such person is convicted of committing a third or

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subsequent violation or any combination of the above
offenses, including similar out-of-state offenses and
similar offenses committed on a military installation,
contained in subparagraph 2, then such person may not make
application for a license until after the expiration of 10
years from the effective date of the most recent
revocation.
4. The person may not make application for a license if
the person is convicted of committing a fourth or
subsequent violation of Section 11-501 of this Code or a
similar provision of a local ordinance, Section 11-401 of
this Code, Section 9-3 of the Criminal Code of 1961, or a
combination of these offenses, similar provisions of local
ordinances, similar out-of-state offenses, or similar
offenses committed on a military installation.
4.5. If a person is convicted of a combination of 4 or
more offenses which include a violation of Section 11-501
of this Code or a similar provision of a local ordinance,
Section 11-401 of this Code, or Section 9-3 of the Criminal
Code of 1961, or a combination of violations of similar
provisions of local ordinances, similar out-of-state
offenses, or similar offenses committed on a military
installation, the person may make application for a
restricted driving permit after the expiration of 3 years
from the effective date of the most recent revocation,
provided:

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(A) the person proves by a preponderance of the
evidence a minimum 3 years of uninterrupted sobriety
from alcohol, other drug or drugs, intoxicating
compound or compounds, or any combination thereof;
(B) the person proves by a preponderance of the
evidence a minimum 3 years of active, weekly
involvement in a recognized support program designed
to assist persons to remain sober from alcohol or drugs
other than those medically necessary and properly
prescribed; and
(C) upon the Secretary's approval of the
application for a restricted driving permit, the
person may only operate vehicles fitted with an
interlock ignition device as defined in Section
1-129.1 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph 4.5, the
Secretary may consider any relevant evidence, including
but not limited to testimony, affidavits, records, and the
results of regular alcohol or drug tests.
The Secretary shall cancel a restricted driving permit
issued under this subparagraph 4.5 if the holder operates a
vehicle that is not equipped with an interlock ignition
device. Any person whose restricted driving permit is
cancelled due to failure to comply with the interlock
ignition device requirement of this subparagraph 4.5 shall

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be ineligible to re-apply for restricted driving
privileges.
5. The person may not make application for a license or
permit if the person is convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his
or her driver's license, permit, or privilege was revoked
because of a violation of Section 9-3 of the Criminal Code
of 1961, relating to the offense of reckless homicide, or a
similar provision of a law of another state.
Notwithstanding any other provision of this Code, all
persons referred to in this paragraph (b) may not have their
privileges restored until the Secretary receives payment of the
required reinstatement fee pursuant to subsection (b) of
Section 6-118.
In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person, that
to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
(c) (Blank).
(Source: P.A. 95-331, eff. 8-21-07; 95-355, eff. 1-1-08;
95-377, eff. 1-1-08; 95-876, eff. 8-21-08; 96-607, eff.
8-24-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.