AB 1034

This bill limits the reasons for which a person's motor vehicle operating

privilege may be suspended.

Under current law, a circuit court may suspend a person's operating privilege

upon conviction of certain offenses, including traffic violations, operating a motor

vehicle without a license, operating a motor vehicle while intoxicated, and certain

sexual assault offenses. A circuit court may also suspend a person's operating

privilege if the person fails to pay certain court surcharges. Also under current law,

the Department of Transportation must suspend a person's operating privilege if the

person is delinquent in making certain child or family support payments.

This bill eliminates a circuit court's authority to suspend a person's operating

privilege upon conviction of an offense that is not related to the operation of a motor

vehicle and for failure to pay a court surcharge. This bill also eliminates DOT's

authority to suspend a person's operating privilege for failure to make certain child

or family support payments.

Under current law, if a person intentionally absconds without paying for gas,

the court may suspend the person's operating privilege for a second offense and must

suspend the person's operating privilege for a third or subsequent offense. In

addition, current law allows a court to suspend a person's operating privilege if the

person is convicted of a violation of the Uniform Controlled Substances Act. Under

this bill, the suspension of the person's operating privilege applies only if the

pertinent offenses involved or occurred in a vehicle.

Under current law, with exceptions, a person under the age of 21 may not

procure or attempt to procure alcohol beverages; possess or consume alcohol

beverages; be on alcohol beverage licensed premises; or use or maintain false

identification that shows the person as being of legal drinking age (underage

violation). A person who commits an underage violation is subject to various

penalties, including suspension of the person's operating privilege. This bill

eliminates the suspension of a person's operating privilege as a penalty for an

underage violation.

Under current law, if a court assigned jurisdiction under the Juvenile Justice

Code (juvenile court) adjudges a juvenile delinquent, the juvenile court must issue

an order imposing one or more dispositions. This bill eliminates suspension of a

juvenile's operating privilege as a penalty for the following actions:

1. Violating a condition of a dispositional order.

2. Violating the Uniform Controlled Substances Act, unless the violation

involved a motor vehicle.

3. Possession, manufacture, or delivery of drug paraphernalia, unless the

violation involved a motor vehicle.

Additionally, the bill limits a suspension of a juvenile's operating privileges for

failure to pay a forfeiture to a period of one year.