Illinois General Assembly - Full Text of SB2955
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Full Text of SB2955  100th General Assembly

SB2955 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2955

 

Introduced 2/14/2018, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-205
625 ILCS 5/6-206

    Amends the Illinois Vehicle Code. Provides that if a person has a license or permit that is revoked or suspended under certain provisions of the Code, the Secretary of State may issue the person a restricted driving permit to allow him or her to exercise his or her court ordered visitation rights or court ordered parenting time.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-205 and 6-206 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver's conviction of any of the following offenses:
13        1. Reckless homicide resulting from the operation of a
14    motor vehicle;
15        2. Violation of Section 11-501 of this Code or a
16    similar provision of a local ordinance relating to the
17    offense of operating or being in physical control of a
18    vehicle while under the influence of alcohol, other drug or
19    drugs, intoxicating compound or compounds, or any
20    combination thereof;
21        3. Any felony under the laws of any State or the
22    federal government in the commission of which a motor
23    vehicle was used;

 

 

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1        4. Violation of Section 11-401 of this Code relating to
2    the offense of leaving the scene of a traffic accident
3    involving death or personal injury;
4        5. Perjury or the making of a false affidavit or
5    statement under oath to the Secretary of State under this
6    Code or under any other law relating to the ownership or
7    operation of motor vehicles;
8        6. Conviction upon 3 charges of violation of Section
9    11-503 of this Code relating to the offense of reckless
10    driving committed within a period of 12 months;
11        7. Conviction of any offense defined in Section 4-102
12    of this Code;
13        8. Violation of Section 11-504 of this Code relating to
14    the offense of drag racing;
15        9. Violation of Chapters 8 and 9 of this Code;
16        10. Violation of Section 12-5 of the Criminal Code of
17    1961 or the Criminal Code of 2012 arising from the use of a
18    motor vehicle;
19        11. Violation of Section 11-204.1 of this Code relating
20    to aggravated fleeing or attempting to elude a peace
21    officer;
22        12. Violation of paragraph (1) of subsection (b) of
23    Section 6-507, or a similar law of any other state,
24    relating to the unlawful operation of a commercial motor
25    vehicle;
26        13. Violation of paragraph (a) of Section 11-502 of

 

 

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1    this Code or a similar provision of a local ordinance if
2    the driver has been previously convicted of a violation of
3    that Section or a similar provision of a local ordinance
4    and the driver was less than 21 years of age at the time of
5    the offense;
6        14. Violation of paragraph (a) of Section 11-506 of
7    this Code or a similar provision of a local ordinance
8    relating to the offense of street racing;
9        15. A second or subsequent conviction of driving while
10    the person's driver's license, permit or privileges was
11    revoked for reckless homicide or a similar out-of-state
12    offense;
13        16. Any offense against any provision in this Code, or
14    any local ordinance, regulating the movement of traffic
15    when that offense was the proximate cause of the death of
16    any person. Any person whose driving privileges have been
17    revoked pursuant to this paragraph may seek to have the
18    revocation terminated or to have the length of revocation
19    reduced by requesting an administrative hearing with the
20    Secretary of State prior to the projected driver's license
21    application eligibility date;
22        17. Violation of subsection (a-2) of Section 11-1301.3
23    of this Code or a similar provision of a local ordinance;
24        18. A second or subsequent conviction of illegal
25    possession, while operating or in actual physical control,
26    as a driver, of a motor vehicle, of any controlled

 

 

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1    substance prohibited under the Illinois Controlled
2    Substances Act, any cannabis prohibited under the Cannabis
3    Control Act, or any methamphetamine prohibited under the
4    Methamphetamine Control and Community Protection Act. A
5    defendant found guilty of this offense while operating a
6    motor vehicle shall have an entry made in the court record
7    by the presiding judge that this offense did occur while
8    the defendant was operating a motor vehicle and order the
9    clerk of the court to report the violation to the Secretary
10    of State.
11    (b) The Secretary of State shall also immediately revoke
12the license or permit of any driver in the following
13situations:
14        1. Of any minor upon receiving the notice provided for
15    in Section 5-901 of the Juvenile Court Act of 1987 that the
16    minor has been adjudicated under that Act as having
17    committed an offense relating to motor vehicles prescribed
18    in Section 4-103 of this Code;
19        2. Of any person when any other law of this State
20    requires either the revocation or suspension of a license
21    or permit;
22        3. Of any person adjudicated under the Juvenile Court
23    Act of 1987 based on an offense determined to have been
24    committed in furtherance of the criminal activities of an
25    organized gang as provided in Section 5-710 of that Act,
26    and that involved the operation or use of a motor vehicle

 

 

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1    or the use of a driver's license or permit. The revocation
2    shall remain in effect for the period determined by the
3    court.
4    (c)(1) Whenever a person is convicted of any of the
5offenses enumerated in this Section, the court may recommend
6and the Secretary of State in his discretion, without regard to
7whether the recommendation is made by the court may, upon
8application, issue to the person a restricted driving permit
9granting the privilege of driving a motor vehicle between the
10petitioner's residence and petitioner's place of employment or
11within the scope of the petitioner's employment related duties,
12or to allow the petitioner to transport himself or herself or a
13family member of the petitioner's household to a medical
14facility for the receipt of necessary medical care or to allow
15the petitioner to transport himself or herself to and from
16alcohol or drug remedial or rehabilitative activity
17recommended by a licensed service provider, or to allow the
18petitioner to transport himself or herself or a family member
19of the petitioner's household to classes, as a student, at an
20accredited educational institution, or to allow the petitioner
21to transport children, elderly persons, or persons with
22disabilities who do not hold driving privileges and are living
23in the petitioner's household to and from daycare, or to allow
24the petitioner to exercise his or her court ordered visitation
25rights or court ordered parenting time, as defined under
26Section 600 of the Illinois Marriage and Dissolution of

 

 

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1Marriage Act; if the petitioner is able to demonstrate that no
2alternative means of transportation is reasonably available
3and that the petitioner will not endanger the public safety or
4welfare; provided that the Secretary's discretion shall be
5limited to cases where undue hardship, as defined by the rules
6of the Secretary of State, would result from a failure to issue
7the restricted driving permit.
8        (1.5) A person subject to the provisions of paragraph 4
9    of subsection (b) of Section 6-208 of this Code may make
10    application for a restricted driving permit at a hearing
11    conducted under Section 2-118 of this Code after the
12    expiration of 5 years from the effective date of the most
13    recent revocation, or after 5 years from the date of
14    release from a period of imprisonment resulting from a
15    conviction of the most recent offense, whichever is later,
16    provided the person, in addition to all other requirements
17    of the Secretary, shows by clear and convincing evidence:
18            (A) a minimum of 3 years of uninterrupted
19        abstinence from alcohol and the unlawful use or
20        consumption of cannabis under the Cannabis Control
21        Act, a controlled substance under the Illinois
22        Controlled Substances Act, an intoxicating compound
23        under the Use of Intoxicating Compounds Act, or
24        methamphetamine under the Methamphetamine Control and
25        Community Protection Act; and
26            (B) the successful completion of any

 

 

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1        rehabilitative treatment and involvement in any
2        ongoing rehabilitative activity that may be
3        recommended by a properly licensed service provider
4        according to an assessment of the person's alcohol or
5        drug use under Section 11-501.01 of this Code.
6        In determining whether an applicant is eligible for a
7    restricted driving permit under this paragraph (1.5), the
8    Secretary may consider any relevant evidence, including,
9    but not limited to, testimony, affidavits, records, and the
10    results of regular alcohol or drug tests. Persons subject
11    to the provisions of paragraph 4 of subsection (b) of
12    Section 6-208 of this Code and who have been convicted of
13    more than one violation of paragraph (3), paragraph (4), or
14    paragraph (5) of subsection (a) of Section 11-501 of this
15    Code shall not be eligible to apply for a restricted
16    driving permit.
17        A restricted driving permit issued under this
18    paragraph (1.5) shall provide that the holder may only
19    operate motor vehicles equipped with an ignition interlock
20    device as required under paragraph (2) of subsection (c) of
21    this Section and subparagraph (A) of paragraph 3 of
22    subsection (c) of Section 6-206 of this Code. The Secretary
23    may revoke a restricted driving permit or amend the
24    conditions of a restricted driving permit issued under this
25    paragraph (1.5) if the holder operates a vehicle that is
26    not equipped with an ignition interlock device, or for any

 

 

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1    other reason authorized under this Code.
2        A restricted driving permit issued under this
3    paragraph (1.5) shall be revoked, and the holder barred
4    from applying for or being issued a restricted driving
5    permit in the future, if the holder is subsequently
6    convicted of a violation of Section 11-501 of this Code, a
7    similar provision of a local ordinance, or a similar
8    offense in another state.
9        (2) If a person's license or permit is revoked or
10    suspended due to 2 or more convictions of violating Section
11    11-501 of this Code or a similar provision of a local
12    ordinance or a similar out-of-state offense, or Section 9-3
13    of the Criminal Code of 1961 or the Criminal Code of 2012,
14    where the use of alcohol or other drugs is recited as an
15    element of the offense, or a similar out-of-state offense,
16    or a combination of these offenses, arising out of separate
17    occurrences, that person, if issued a restricted driving
18    permit, may not operate a vehicle unless it has been
19    equipped with an ignition interlock device as defined in
20    Section 1-129.1.
21        (3) If:
22            (A) a person's license or permit is revoked or
23        suspended 2 or more times due to any combination of:
24                (i) a single conviction of violating Section
25            11-501 of this Code or a similar provision of a
26            local ordinance or a similar out-of-state offense,

 

 

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1            or Section 9-3 of the Criminal Code of 1961 or the
2            Criminal Code of 2012, where the use of alcohol or
3            other drugs is recited as an element of the
4            offense, or a similar out-of-state offense; or
5                (ii) a statutory summary suspension or
6            revocation under Section 11-501.1; or
7                (iii) a suspension pursuant to Section
8            6-203.1;
9        arising out of separate occurrences; or
10            (B) a person has been convicted of one violation of
11        subparagraph (C) or (F) of paragraph (1) of subsection
12        (d) of Section 11-501 of this Code, Section 9-3 of the
13        Criminal Code of 1961 or the Criminal Code of 2012,
14        relating to the offense of reckless homicide where the
15        use of alcohol or other drugs was recited as an element
16        of the offense, or a similar provision of a law of
17        another state;
18    that person, if issued a restricted driving permit, may not
19    operate a vehicle unless it has been equipped with an
20    ignition interlock device as defined in Section 1-129.1.
21        (4) The person issued a permit conditioned on the use
22    of an ignition interlock device must pay to the Secretary
23    of State DUI Administration Fund an amount not to exceed
24    $30 per month. The Secretary shall establish by rule the
25    amount and the procedures, terms, and conditions relating
26    to these fees.

 

 

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1        (5) If the restricted driving permit is issued for
2    employment purposes, then the prohibition against
3    operating a motor vehicle that is not equipped with an
4    ignition interlock device does not apply to the operation
5    of an occupational vehicle owned or leased by that person's
6    employer when used solely for employment purposes. For any
7    person who, within a 5-year period, is convicted of a
8    second or subsequent offense under Section 11-501 of this
9    Code, or a similar provision of a local ordinance or
10    similar out-of-state offense, this employment exemption
11    does not apply until either a one-year period has elapsed
12    during which that person had his or her driving privileges
13    revoked or a one-year period has elapsed during which that
14    person had a restricted driving permit which required the
15    use of an ignition interlock device on every motor vehicle
16    owned or operated by that person.
17        (6) In each case the Secretary of State may issue a
18    restricted driving permit for a period he deems
19    appropriate, except that the permit shall expire within one
20    year from the date of issuance. A restricted driving permit
21    issued under this Section shall be subject to cancellation,
22    revocation, and suspension by the Secretary of State in
23    like manner and for like cause as a driver's license issued
24    under this Code may be cancelled, revoked, or suspended;
25    except that a conviction upon one or more offenses against
26    laws or ordinances regulating the movement of traffic shall

 

 

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1    be deemed sufficient cause for the revocation, suspension,
2    or cancellation of a restricted driving permit. The
3    Secretary of State may, as a condition to the issuance of a
4    restricted driving permit, require the petitioner to
5    participate in a designated driver remedial or
6    rehabilitative program. The Secretary of State is
7    authorized to cancel a restricted driving permit if the
8    permit holder does not successfully complete the program.
9    However, if an individual's driving privileges have been
10    revoked in accordance with paragraph 13 of subsection (a)
11    of this Section, no restricted driving permit shall be
12    issued until the individual has served 6 months of the
13    revocation period.
14    (c-5) (Blank).
15    (c-6) If a person is convicted of a second violation of
16operating a motor vehicle while the person's driver's license,
17permit or privilege was revoked, where the revocation was for a
18violation of Section 9-3 of the Criminal Code of 1961 or the
19Criminal Code of 2012 relating to the offense of reckless
20homicide or a similar out-of-state offense, the person's
21driving privileges shall be revoked pursuant to subdivision
22(a)(15) of this Section. The person may not make application
23for a license or permit until the expiration of five years from
24the effective date of the revocation or the expiration of five
25years from the date of release from a term of imprisonment,
26whichever is later.

 

 

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1    (c-7) If a person is convicted of a third or subsequent
2violation of operating a motor vehicle while the person's
3driver's license, permit or privilege was revoked, where the
4revocation was for a violation of Section 9-3 of the Criminal
5Code of 1961 or the Criminal Code of 2012 relating to the
6offense of reckless homicide or a similar out-of-state offense,
7the person may never apply for a license or permit.
8    (d)(1) Whenever a person under the age of 21 is convicted
9under Section 11-501 of this Code or a similar provision of a
10local ordinance or a similar out-of-state offense, the
11Secretary of State shall revoke the driving privileges of that
12person. One year after the date of revocation, and upon
13application, the Secretary of State may, if satisfied that the
14person applying will not endanger the public safety or welfare,
15issue a restricted driving permit granting the privilege of
16driving a motor vehicle only between the hours of 5 a.m. and 9
17p.m. or as otherwise provided by this Section for a period of
18one year. After this one-year period, and upon reapplication
19for a license as provided in Section 6-106, upon payment of the
20appropriate reinstatement fee provided under paragraph (b) of
21Section 6-118, the Secretary of State, in his discretion, may
22reinstate the petitioner's driver's license and driving
23privileges, or extend the restricted driving permit as many
24times as the Secretary of State deems appropriate, by
25additional periods of not more than 12 months each.
26        (2) If a person's license or permit is revoked or

 

 

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1    suspended due to 2 or more convictions of violating Section
2    11-501 of this Code or a similar provision of a local
3    ordinance or a similar out-of-state offense, or Section 9-3
4    of the Criminal Code of 1961 or the Criminal Code of 2012,
5    where the use of alcohol or other drugs is recited as an
6    element of the offense, or a similar out-of-state offense,
7    or a combination of these offenses, arising out of separate
8    occurrences, that person, if issued a restricted driving
9    permit, may not operate a vehicle unless it has been
10    equipped with an ignition interlock device as defined in
11    Section 1-129.1.
12        (3) If a person's license or permit is revoked or
13    suspended 2 or more times due to any combination of:
14            (A) a single conviction of violating Section
15        11-501 of this Code or a similar provision of a local
16        ordinance or a similar out-of-state offense, or
17        Section 9-3 of the Criminal Code of 1961 or the
18        Criminal Code of 2012, where the use of alcohol or
19        other drugs is recited as an element of the offense, or
20        a similar out-of-state offense; or
21            (B) a statutory summary suspension or revocation
22        under Section 11-501.1; or
23            (C) a suspension pursuant to Section 6-203.1;
24    arising out of separate occurrences, that person, if issued
25    a restricted driving permit, may not operate a vehicle
26    unless it has been equipped with an ignition interlock

 

 

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1    device as defined in Section 1-129.1.
2        (3.5) If a person's license or permit is revoked or
3    suspended due to a conviction for a violation of
4    subparagraph (C) or (F) of paragraph (1) of subsection (d)
5    of Section 11-501 of this Code, or a similar provision of a
6    local ordinance or similar out-of-state offense, that
7    person, if issued a restricted driving permit, may not
8    operate a vehicle unless it has been equipped with an
9    ignition interlock device as defined in Section 1-129.1.
10        (4) The person issued a permit conditioned upon the use
11    of an interlock device must pay to the Secretary of State
12    DUI Administration Fund an amount not to exceed $30 per
13    month. The Secretary shall establish by rule the amount and
14    the procedures, terms, and conditions relating to these
15    fees.
16        (5) If the restricted driving permit is issued for
17    employment purposes, then the prohibition against driving
18    a vehicle that is not equipped with an ignition interlock
19    device does not apply to the operation of an occupational
20    vehicle owned or leased by that person's employer when used
21    solely for employment purposes. For any person who, within
22    a 5-year period, is convicted of a second or subsequent
23    offense under Section 11-501 of this Code, or a similar
24    provision of a local ordinance or similar out-of-state
25    offense, this employment exemption does not apply until
26    either a one-year period has elapsed during which that

 

 

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1    person had his or her driving privileges revoked or a
2    one-year period has elapsed during which that person had a
3    restricted driving permit which required the use of an
4    ignition interlock device on every motor vehicle owned or
5    operated by that person.
6        (6) A restricted driving permit issued under this
7    Section shall be subject to cancellation, revocation, and
8    suspension by the Secretary of State in like manner and for
9    like cause as a driver's license issued under this Code may
10    be cancelled, revoked, or suspended; except that a
11    conviction upon one or more offenses against laws or
12    ordinances regulating the movement of traffic shall be
13    deemed sufficient cause for the revocation, suspension, or
14    cancellation of a restricted driving permit.
15    (d-5) The revocation of the license, permit, or driving
16privileges of a person convicted of a third or subsequent
17violation of Section 6-303 of this Code committed while his or
18her driver's license, permit, or privilege was revoked because
19of a violation of Section 9-3 of the Criminal Code of 1961 or
20the Criminal Code of 2012, relating to the offense of reckless
21homicide, or a similar provision of a law of another state, is
22permanent. The Secretary may not, at any time, issue a license
23or permit to that person.
24    (e) This Section is subject to the provisions of the Driver
25License Compact.
26    (f) Any revocation imposed upon any person under

 

 

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1subsections 2 and 3 of paragraph (b) that is in effect on
2December 31, 1988 shall be converted to a suspension for a like
3period of time.
4    (g) The Secretary of State shall not issue a restricted
5driving permit to a person under the age of 16 years whose
6driving privileges have been revoked under any provisions of
7this Code.
8    (h) The Secretary of State shall require the use of
9ignition interlock devices for a period not less than 5 years
10on all vehicles owned by a person who has been convicted of a
11second or subsequent offense under Section 11-501 of this Code
12or a similar provision of a local ordinance. The person must
13pay to the Secretary of State DUI Administration Fund an amount
14not to exceed $30 for each month that he or she uses the
15device. The Secretary shall establish by rule and regulation
16the procedures for certification and use of the interlock
17system, the amount of the fee, and the procedures, terms, and
18conditions relating to these fees. During the time period in
19which a person is required to install an ignition interlock
20device under this subsection (h), that person shall only
21operate vehicles in which ignition interlock devices have been
22installed, except as allowed by subdivision (c)(5) or (d)(5) of
23this Section.
24    (i) (Blank).
25    (j) In accordance with 49 C.F.R. 384, the Secretary of
26State may not issue a restricted driving permit for the

 

 

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1operation of a commercial motor vehicle to a person holding a
2CDL whose driving privileges have been revoked, suspended,
3cancelled, or disqualified under any provisions of this Code.
4    (k) The Secretary of State shall notify by mail any person
5whose driving privileges have been revoked under paragraph 16
6of subsection (a) of this Section that his or her driving
7privileges and driver's license will be revoked 90 days from
8the date of the mailing of the notice.
9(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
1099-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
1199-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff.
127-28-16.)
 
13    (625 ILCS 5/6-206)
14    Sec. 6-206. Discretionary authority to suspend or revoke
15license or permit; right to a hearing.
16    (a) The Secretary of State is authorized to suspend or
17revoke the driving privileges of any person without preliminary
18hearing upon a showing of the person's records or other
19sufficient evidence that the person:
20        1. Has committed an offense for which mandatory
21    revocation of a driver's license or permit is required upon
22    conviction;
23        2. Has been convicted of not less than 3 offenses
24    against traffic regulations governing the movement of
25    vehicles committed within any 12 month period. No

 

 

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1    revocation or suspension shall be entered more than 6
2    months after the date of last conviction;
3        3. Has been repeatedly involved as a driver in motor
4    vehicle collisions or has been repeatedly convicted of
5    offenses against laws and ordinances regulating the
6    movement of traffic, to a degree that indicates lack of
7    ability to exercise ordinary and reasonable care in the
8    safe operation of a motor vehicle or disrespect for the
9    traffic laws and the safety of other persons upon the
10    highway;
11        4. Has by the unlawful operation of a motor vehicle
12    caused or contributed to an accident resulting in injury
13    requiring immediate professional treatment in a medical
14    facility or doctor's office to any person, except that any
15    suspension or revocation imposed by the Secretary of State
16    under the provisions of this subsection shall start no
17    later than 6 months after being convicted of violating a
18    law or ordinance regulating the movement of traffic, which
19    violation is related to the accident, or shall start not
20    more than one year after the date of the accident,
21    whichever date occurs later;
22        5. Has permitted an unlawful or fraudulent use of a
23    driver's license, identification card, or permit;
24        6. Has been lawfully convicted of an offense or
25    offenses in another state, including the authorization
26    contained in Section 6-203.1, which if committed within

 

 

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1    this State would be grounds for suspension or revocation;
2        7. Has refused or failed to submit to an examination
3    provided for by Section 6-207 or has failed to pass the
4    examination;
5        8. Is ineligible for a driver's license or permit under
6    the provisions of Section 6-103;
7        9. Has made a false statement or knowingly concealed a
8    material fact or has used false information or
9    identification in any application for a license,
10    identification card, or permit;
11        10. Has possessed, displayed, or attempted to
12    fraudulently use any license, identification card, or
13    permit not issued to the person;
14        11. Has operated a motor vehicle upon a highway of this
15    State when the person's driving privilege or privilege to
16    obtain a driver's license or permit was revoked or
17    suspended unless the operation was authorized by a
18    monitoring device driving permit, judicial driving permit
19    issued prior to January 1, 2009, probationary license to
20    drive, or a restricted driving permit issued under this
21    Code;
22        12. Has submitted to any portion of the application
23    process for another person or has obtained the services of
24    another person to submit to any portion of the application
25    process for the purpose of obtaining a license,
26    identification card, or permit for some other person;

 

 

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1        13. Has operated a motor vehicle upon a highway of this
2    State when the person's driver's license or permit was
3    invalid under the provisions of Sections 6-107.1 and 6-110;
4        14. Has committed a violation of Section 6-301,
5    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
6    14B of the Illinois Identification Card Act;
7        15. Has been convicted of violating Section 21-2 of the
8    Criminal Code of 1961 or the Criminal Code of 2012 relating
9    to criminal trespass to vehicles in which case, the
10    suspension shall be for one year;
11        16. Has been convicted of violating Section 11-204 of
12    this Code relating to fleeing from a peace officer;
13        17. Has refused to submit to a test, or tests, as
14    required under Section 11-501.1 of this Code and the person
15    has not sought a hearing as provided for in Section
16    11-501.1;
17        18. Has, since issuance of a driver's license or
18    permit, been adjudged to be afflicted with or suffering
19    from any mental disability or disease;
20        19. Has committed a violation of paragraph (a) or (b)
21    of Section 6-101 relating to driving without a driver's
22    license;
23        20. Has been convicted of violating Section 6-104
24    relating to classification of driver's license;
25        21. Has been convicted of violating Section 11-402 of
26    this Code relating to leaving the scene of an accident

 

 

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1    resulting in damage to a vehicle in excess of $1,000, in
2    which case the suspension shall be for one year;
3        22. Has used a motor vehicle in violating paragraph
4    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
5    the Criminal Code of 1961 or the Criminal Code of 2012
6    relating to unlawful use of weapons, in which case the
7    suspension shall be for one year;
8        23. Has, as a driver, been convicted of committing a
9    violation of paragraph (a) of Section 11-502 of this Code
10    for a second or subsequent time within one year of a
11    similar violation;
12        24. Has been convicted by a court-martial or punished
13    by non-judicial punishment by military authorities of the
14    United States at a military installation in Illinois or in
15    another state of or for a traffic related offense that is
16    the same as or similar to an offense specified under
17    Section 6-205 or 6-206 of this Code;
18        25. Has permitted any form of identification to be used
19    by another in the application process in order to obtain or
20    attempt to obtain a license, identification card, or
21    permit;
22        26. Has altered or attempted to alter a license or has
23    possessed an altered license, identification card, or
24    permit;
25        27. Has violated Section 6-16 of the Liquor Control Act
26    of 1934;

 

 

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1        28. Has been convicted for a first time of the illegal
2    possession, while operating or in actual physical control,
3    as a driver, of a motor vehicle, of any controlled
4    substance prohibited under the Illinois Controlled
5    Substances Act, any cannabis prohibited under the Cannabis
6    Control Act, or any methamphetamine prohibited under the
7    Methamphetamine Control and Community Protection Act, in
8    which case the person's driving privileges shall be
9    suspended for one year. Any defendant found guilty of this
10    offense while operating a motor vehicle, shall have an
11    entry made in the court record by the presiding judge that
12    this offense did occur while the defendant was operating a
13    motor vehicle and order the clerk of the court to report
14    the violation to the Secretary of State;
15        29. Has been convicted of the following offenses that
16    were committed while the person was operating or in actual
17    physical control, as a driver, of a motor vehicle: criminal
18    sexual assault, predatory criminal sexual assault of a
19    child, aggravated criminal sexual assault, criminal sexual
20    abuse, aggravated criminal sexual abuse, juvenile pimping,
21    soliciting for a juvenile prostitute, promoting juvenile
22    prostitution as described in subdivision (a)(1), (a)(2),
23    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
24    or the Criminal Code of 2012, and the manufacture, sale or
25    delivery of controlled substances or instruments used for
26    illegal drug use or abuse in which case the driver's

 

 

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1    driving privileges shall be suspended for one year;
2        30. Has been convicted a second or subsequent time for
3    any combination of the offenses named in paragraph 29 of
4    this subsection, in which case the person's driving
5    privileges shall be suspended for 5 years;
6        31. Has refused to submit to a test as required by
7    Section 11-501.6 of this Code or Section 5-16c of the Boat
8    Registration and Safety Act or has submitted to a test
9    resulting in an alcohol concentration of 0.08 or more or
10    any amount of a drug, substance, or compound resulting from
11    the unlawful use or consumption of cannabis as listed in
12    the Cannabis Control Act, a controlled substance as listed
13    in the Illinois Controlled Substances Act, an intoxicating
14    compound as listed in the Use of Intoxicating Compounds
15    Act, or methamphetamine as listed in the Methamphetamine
16    Control and Community Protection Act, in which case the
17    penalty shall be as prescribed in Section 6-208.1;
18        32. Has been convicted of Section 24-1.2 of the
19    Criminal Code of 1961 or the Criminal Code of 2012 relating
20    to the aggravated discharge of a firearm if the offender
21    was located in a motor vehicle at the time the firearm was
22    discharged, in which case the suspension shall be for 3
23    years;
24        33. Has as a driver, who was less than 21 years of age
25    on the date of the offense, been convicted a first time of
26    a violation of paragraph (a) of Section 11-502 of this Code

 

 

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1    or a similar provision of a local ordinance;
2        34. Has committed a violation of Section 11-1301.5 of
3    this Code or a similar provision of a local ordinance;
4        35. Has committed a violation of Section 11-1301.6 of
5    this Code or a similar provision of a local ordinance;
6        36. Is under the age of 21 years at the time of arrest
7    and has been convicted of not less than 2 offenses against
8    traffic regulations governing the movement of vehicles
9    committed within any 24 month period. No revocation or
10    suspension shall be entered more than 6 months after the
11    date of last conviction;
12        37. Has committed a violation of subsection (c) of
13    Section 11-907 of this Code that resulted in damage to the
14    property of another or the death or injury of another;
15        38. Has been convicted of a violation of Section 6-20
16    of the Liquor Control Act of 1934 or a similar provision of
17    a local ordinance;
18        39. Has committed a second or subsequent violation of
19    Section 11-1201 of this Code;
20        40. Has committed a violation of subsection (a-1) of
21    Section 11-908 of this Code;
22        41. Has committed a second or subsequent violation of
23    Section 11-605.1 of this Code, a similar provision of a
24    local ordinance, or a similar violation in any other state
25    within 2 years of the date of the previous violation, in
26    which case the suspension shall be for 90 days;

 

 

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1        42. Has committed a violation of subsection (a-1) of
2    Section 11-1301.3 of this Code or a similar provision of a
3    local ordinance;
4        43. Has received a disposition of court supervision for
5    a violation of subsection (a), (d), or (e) of Section 6-20
6    of the Liquor Control Act of 1934 or a similar provision of
7    a local ordinance, in which case the suspension shall be
8    for a period of 3 months;
9        44. Is under the age of 21 years at the time of arrest
10    and has been convicted of an offense against traffic
11    regulations governing the movement of vehicles after
12    having previously had his or her driving privileges
13    suspended or revoked pursuant to subparagraph 36 of this
14    Section;
15        45. Has, in connection with or during the course of a
16    formal hearing conducted under Section 2-118 of this Code:
17    (i) committed perjury; (ii) submitted fraudulent or
18    falsified documents; (iii) submitted documents that have
19    been materially altered; or (iv) submitted, as his or her
20    own, documents that were in fact prepared or composed for
21    another person;
22        46. Has committed a violation of subsection (j) of
23    Section 3-413 of this Code;
24        47. Has committed a violation of Section 11-502.1 of
25    this Code; or
26        48. Has submitted a falsified or altered medical

 

 

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1    examiner's certificate to the Secretary of State or
2    provided false information to obtain a medical examiner's
3    certificate.
4    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
5and 27 of this subsection, license means any driver's license,
6any traffic ticket issued when the person's driver's license is
7deposited in lieu of bail, a suspension notice issued by the
8Secretary of State, a duplicate or corrected driver's license,
9a probationary driver's license or a temporary driver's
10license.
11    (b) If any conviction forming the basis of a suspension or
12revocation authorized under this Section is appealed, the
13Secretary of State may rescind or withhold the entry of the
14order of suspension or revocation, as the case may be, provided
15that a certified copy of a stay order of a court is filed with
16the Secretary of State. If the conviction is affirmed on
17appeal, the date of the conviction shall relate back to the
18time the original judgment of conviction was entered and the 6
19month limitation prescribed shall not apply.
20    (c) 1. Upon suspending or revoking the driver's license or
21permit of any person as authorized in this Section, the
22Secretary of State shall immediately notify the person in
23writing of the revocation or suspension. The notice to be
24deposited in the United States mail, postage prepaid, to the
25last known address of the person.
26    2. If the Secretary of State suspends the driver's license

 

 

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1of a person under subsection 2 of paragraph (a) of this
2Section, a person's privilege to operate a vehicle as an
3occupation shall not be suspended, provided an affidavit is
4properly completed, the appropriate fee received, and a permit
5issued prior to the effective date of the suspension, unless 5
6offenses were committed, at least 2 of which occurred while
7operating a commercial vehicle in connection with the driver's
8regular occupation. All other driving privileges shall be
9suspended by the Secretary of State. Any driver prior to
10operating a vehicle for occupational purposes only must submit
11the affidavit on forms to be provided by the Secretary of State
12setting forth the facts of the person's occupation. The
13affidavit shall also state the number of offenses committed
14while operating a vehicle in connection with the driver's
15regular occupation. The affidavit shall be accompanied by the
16driver's license. Upon receipt of a properly completed
17affidavit, the Secretary of State shall issue the driver a
18permit to operate a vehicle in connection with the driver's
19regular occupation only. Unless the permit is issued by the
20Secretary of State prior to the date of suspension, the
21privilege to drive any motor vehicle shall be suspended as set
22forth in the notice that was mailed under this Section. If an
23affidavit is received subsequent to the effective date of this
24suspension, a permit may be issued for the remainder of the
25suspension period.
26    The provisions of this subparagraph shall not apply to any

 

 

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1driver required to possess a CDL for the purpose of operating a
2commercial motor vehicle.
3    Any person who falsely states any fact in the affidavit
4required herein shall be guilty of perjury under Section 6-302
5and upon conviction thereof shall have all driving privileges
6revoked without further rights.
7    3. At the conclusion of a hearing under Section 2-118 of
8this Code, the Secretary of State shall either rescind or
9continue an order of revocation or shall substitute an order of
10suspension; or, good cause appearing therefor, rescind,
11continue, change, or extend the order of suspension. If the
12Secretary of State does not rescind the order, the Secretary
13may upon application, to relieve undue hardship (as defined by
14the rules of the Secretary of State), issue a restricted
15driving permit granting the privilege of driving a motor
16vehicle between the petitioner's residence and petitioner's
17place of employment or within the scope of the petitioner's
18employment related duties, or to allow the petitioner to
19transport himself or herself, or a family member of the
20petitioner's household to a medical facility, to receive
21necessary medical care, to allow the petitioner to transport
22himself or herself to and from alcohol or drug remedial or
23rehabilitative activity recommended by a licensed service
24provider, or to allow the petitioner to transport himself or
25herself or a family member of the petitioner's household to
26classes, as a student, at an accredited educational

 

 

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1institution, or to allow the petitioner to transport children,
2elderly persons, or persons with disabilities who do not hold
3driving privileges and are living in the petitioner's household
4to and from daycare, or to allow the petitioner to exercise his
5or her court ordered visitation rights or court ordered
6parenting time, as defined under Section 600 of the Illinois
7Marriage and Dissolution of Marriage Act. The petitioner must
8demonstrate that no alternative means of transportation is
9reasonably available and that the petitioner will not endanger
10the public safety or welfare.
11        (A) If a person's license or permit is revoked or
12    suspended due to 2 or more convictions of violating Section
13    11-501 of this Code or a similar provision of a local
14    ordinance or a similar out-of-state offense, or Section 9-3
15    of the Criminal Code of 1961 or the Criminal Code of 2012,
16    where the use of alcohol or other drugs is recited as an
17    element of the offense, or a similar out-of-state offense,
18    or a combination of these offenses, arising out of separate
19    occurrences, that person, if issued a restricted driving
20    permit, may not operate a vehicle unless it has been
21    equipped with an ignition interlock device as defined in
22    Section 1-129.1.
23        (B) If a person's license or permit is revoked or
24    suspended 2 or more times due to any combination of:
25            (i) a single conviction of violating Section
26        11-501 of this Code or a similar provision of a local

 

 

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1        ordinance or a similar out-of-state offense or Section
2        9-3 of the Criminal Code of 1961 or the Criminal Code
3        of 2012, where the use of alcohol or other drugs is
4        recited as an element of the offense, or a similar
5        out-of-state offense; or
6            (ii) a statutory summary suspension or revocation
7        under Section 11-501.1; or
8            (iii) a suspension under Section 6-203.1;
9    arising out of separate occurrences; that person, if issued
10    a restricted driving permit, may not operate a vehicle
11    unless it has been equipped with an ignition interlock
12    device as defined in Section 1-129.1.
13        (B-5) If a person's license or permit is revoked or
14    suspended due to a conviction for a violation of
15    subparagraph (C) or (F) of paragraph (1) of subsection (d)
16    of Section 11-501 of this Code, or a similar provision of a
17    local ordinance or similar out-of-state offense, that
18    person, if issued a restricted driving permit, may not
19    operate a vehicle unless it has been equipped with an
20    ignition interlock device as defined in Section 1-129.1.
21        (C) The person issued a permit conditioned upon the use
22    of an ignition interlock device must pay to the Secretary
23    of State DUI Administration Fund an amount not to exceed
24    $30 per month. The Secretary shall establish by rule the
25    amount and the procedures, terms, and conditions relating
26    to these fees.

 

 

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1        (D) If the restricted driving permit is issued for
2    employment purposes, then the prohibition against
3    operating a motor vehicle that is not equipped with an
4    ignition interlock device does not apply to the operation
5    of an occupational vehicle owned or leased by that person's
6    employer when used solely for employment purposes. For any
7    person who, within a 5-year period, is convicted of a
8    second or subsequent offense under Section 11-501 of this
9    Code, or a similar provision of a local ordinance or
10    similar out-of-state offense, this employment exemption
11    does not apply until either a one-year period has elapsed
12    during which that person had his or her driving privileges
13    revoked or a one-year period has elapsed during which that
14    person had a restricted driving permit which required the
15    use of an ignition interlock device on every motor vehicle
16    owned or operated by that person.
17        (E) In each case the Secretary may issue a restricted
18    driving permit for a period deemed appropriate, except that
19    all permits shall expire within one year from the date of
20    issuance. A restricted driving permit issued under this
21    Section shall be subject to cancellation, revocation, and
22    suspension by the Secretary of State in like manner and for
23    like cause as a driver's license issued under this Code may
24    be cancelled, revoked, or suspended; except that a
25    conviction upon one or more offenses against laws or
26    ordinances regulating the movement of traffic shall be

 

 

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1    deemed sufficient cause for the revocation, suspension, or
2    cancellation of a restricted driving permit. The Secretary
3    of State may, as a condition to the issuance of a
4    restricted driving permit, require the applicant to
5    participate in a designated driver remedial or
6    rehabilitative program. The Secretary of State is
7    authorized to cancel a restricted driving permit if the
8    permit holder does not successfully complete the program.
9        (F) A person subject to the provisions of paragraph 4
10    of subsection (b) of Section 6-208 of this Code may make
11    application for a restricted driving permit at a hearing
12    conducted under Section 2-118 of this Code after the
13    expiration of 5 years from the effective date of the most
14    recent revocation or after 5 years from the date of release
15    from a period of imprisonment resulting from a conviction
16    of the most recent offense, whichever is later, provided
17    the person, in addition to all other requirements of the
18    Secretary, shows by clear and convincing evidence:
19            (i) a minimum of 3 years of uninterrupted
20        abstinence from alcohol and the unlawful use or
21        consumption of cannabis under the Cannabis Control
22        Act, a controlled substance under the Illinois
23        Controlled Substances Act, an intoxicating compound
24        under the Use of Intoxicating Compounds Act, or
25        methamphetamine under the Methamphetamine Control and
26        Community Protection Act; and

 

 

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1            (ii) the successful completion of any
2        rehabilitative treatment and involvement in any
3        ongoing rehabilitative activity that may be
4        recommended by a properly licensed service provider
5        according to an assessment of the person's alcohol or
6        drug use under Section 11-501.01 of this Code.
7        In determining whether an applicant is eligible for a
8    restricted driving permit under this subparagraph (F), the
9    Secretary may consider any relevant evidence, including,
10    but not limited to, testimony, affidavits, records, and the
11    results of regular alcohol or drug tests. Persons subject
12    to the provisions of paragraph 4 of subsection (b) of
13    Section 6-208 of this Code and who have been convicted of
14    more than one violation of paragraph (3), paragraph (4), or
15    paragraph (5) of subsection (a) of Section 11-501 of this
16    Code shall not be eligible to apply for a restricted
17    driving permit under this subparagraph (F).
18        A restricted driving permit issued under this
19    subparagraph (F) shall provide that the holder may only
20    operate motor vehicles equipped with an ignition interlock
21    device as required under paragraph (2) of subsection (c) of
22    Section 6-205 of this Code and subparagraph (A) of
23    paragraph 3 of subsection (c) of this Section. The
24    Secretary may revoke a restricted driving permit or amend
25    the conditions of a restricted driving permit issued under
26    this subparagraph (F) if the holder operates a vehicle that

 

 

SB2955- 34 -LRB100 13542 AXK 28159 b

1    is not equipped with an ignition interlock device, or for
2    any other reason authorized under this Code.
3        A restricted driving permit issued under this
4    subparagraph (F) shall be revoked, and the holder barred
5    from applying for or being issued a restricted driving
6    permit in the future, if the holder is convicted of a
7    violation of Section 11-501 of this Code, a similar
8    provision of a local ordinance, or a similar offense in
9    another state.
10    (c-3) In the case of a suspension under paragraph 43 of
11subsection (a), reports received by the Secretary of State
12under this Section shall, except during the actual time the
13suspension is in effect, be privileged information and for use
14only by the courts, police officers, prosecuting authorities,
15the driver licensing administrator of any other state, the
16Secretary of State, or the parent or legal guardian of a driver
17under the age of 18. However, beginning January 1, 2008, if the
18person is a CDL holder, the suspension shall also be made
19available to the driver licensing administrator of any other
20state, the U.S. Department of Transportation, and the affected
21driver or motor carrier or prospective motor carrier upon
22request.
23    (c-4) In the case of a suspension under paragraph 43 of
24subsection (a), the Secretary of State shall notify the person
25by mail that his or her driving privileges and driver's license
26will be suspended one month after the date of the mailing of

 

 

SB2955- 35 -LRB100 13542 AXK 28159 b

1the notice.
2    (c-5) The Secretary of State may, as a condition of the
3reissuance of a driver's license or permit to an applicant
4whose driver's license or permit has been suspended before he
5or she reached the age of 21 years pursuant to any of the
6provisions of this Section, require the applicant to
7participate in a driver remedial education course and be
8retested under Section 6-109 of this Code.
9    (d) This Section is subject to the provisions of the
10Drivers License Compact.
11    (e) The Secretary of State shall not issue a restricted
12driving permit to a person under the age of 16 years whose
13driving privileges have been suspended or revoked under any
14provisions of this Code.
15    (f) In accordance with 49 C.F.R. 384, the Secretary of
16State may not issue a restricted driving permit for the
17operation of a commercial motor vehicle to a person holding a
18CDL whose driving privileges have been suspended, revoked,
19cancelled, or disqualified under any provisions of this Code.
20(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
21eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
2299-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
2399-607, eff. 7-22-16; 99-642, eff. 7-28-16.)