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Public Act 098-0103


 

Public Act 0103 98TH GENERAL ASSEMBLY



 


 
Public Act 098-0103
 
SB1479 EnrolledLRB098 10147 MLW 40306 b

    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 6-206 as follows:
 
    (625 ILCS 5/6-206)
    Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
    (a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
        1. Has committed an offense for which mandatory
    revocation of a driver's license or permit is required upon
    conviction;
        2. Has been convicted of not less than 3 offenses
    against traffic regulations governing the movement of
    vehicles committed within any 12 month period. No
    revocation or suspension shall be entered more than 6
    months after the date of last conviction;
        3. Has been repeatedly involved as a driver in motor
    vehicle collisions or has been repeatedly convicted of
    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;
        4. Has by the unlawful operation of a motor vehicle
    caused or contributed to an accident resulting in injury
    requiring immediate professional treatment in a medical
    facility or doctor's office to any person, except 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;
        5. Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
        6. Has been lawfully convicted of an offense or
    offenses in another state, including the authorization
    contained in Section 6-203.1, which if committed within
    this State would be grounds for suspension or revocation;
        7. Has refused or failed to submit to an examination
    provided for by Section 6-207 or has failed to pass the
    examination;
        8. Is ineligible for a driver's license or permit under
    the provisions of Section 6-103;
        9. Has made a false statement or knowingly concealed a
    material fact or has used false information or
    identification in any application for a license,
    identification card, or permit;
        10. Has possessed, displayed, or attempted to
    fraudulently use any license, identification card, or
    permit not issued to the person;
        11. Has operated a motor vehicle upon a highway of this
    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
    monitoring device driving permit, judicial driving permit
    issued prior to January 1, 2009, probationary license to
    drive, or a restricted driving permit issued under this
    Code;
        12. Has submitted to any portion of the application
    process for another person or has obtained the services of
    another person to submit to any portion of the application
    process for the purpose of obtaining a license,
    identification card, or permit for some other person;
        13. Has operated a motor vehicle upon a highway of this
    State when the person's driver's license or permit was
    invalid under the provisions of Sections 6-107.1 and 6-110;
        14. Has committed a violation of Section 6-301,
    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
    of the Illinois Identification Card Act;
        15. Has been convicted of violating Section 21-2 of the
    Criminal Code of 1961 or the Criminal Code of 2012 relating
    to criminal trespass to vehicles in which case, the
    suspension shall be for one year;
        16. Has been convicted of violating Section 11-204 of
    this Code relating to fleeing from a peace officer;
        17. Has refused to submit to a test, or tests, as
    required under Section 11-501.1 of this Code and the person
    has not sought a hearing as provided for in Section
    11-501.1;
        18. Has, since issuance of a driver's license or
    permit, been adjudged to be afflicted with or suffering
    from any mental disability or disease;
        19. Has committed a violation of paragraph (a) or (b)
    of Section 6-101 relating to driving without a driver's
    license;
        20. Has been convicted of violating Section 6-104
    relating to classification of driver's license;
        21. Has been convicted of violating Section 11-402 of
    this Code relating to leaving the scene of an accident
    resulting in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
        22. Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
    the Criminal Code of 1961 or the Criminal Code of 2012
    relating to unlawful use of weapons, in which case the
    suspension shall be for one year;
        23. Has, as a driver, been convicted of committing a
    violation of paragraph (a) of Section 11-502 of this Code
    for a second or subsequent time within one year of a
    similar violation;
        24. 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
    6-206 of this Code;
        25. Has permitted any form of identification to be used
    by another in the application process in order to obtain or
    attempt to obtain a license, identification card, or
    permit;
        26. Has altered or attempted to alter a license or has
    possessed an altered license, identification card, or
    permit;
        27. Has violated Section 6-16 of the Liquor Control Act
    of 1934;
        28. Has been convicted for a first time 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. Any defendant found guilty of this
    offense while operating a motor vehicle, shall have an
    entry made in the court record by the presiding judge that
    this offense did occur while the defendant was operating a
    motor vehicle and order the clerk of the court to report
    the violation to the Secretary of State;
        29. Has been convicted of the following offenses that
    were committed while the person was operating or in actual
    physical control, as a driver, of a motor vehicle: criminal
    sexual assault, predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, criminal sexual
    abuse, aggravated criminal sexual abuse, juvenile pimping,
    soliciting for a juvenile prostitute, promoting juvenile
    prostitution as described in subdivision (a)(1), (a)(2),
    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
    or the Criminal Code of 2012, 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;
        30. Has been convicted a second or subsequent time for
    any combination of the offenses named in paragraph 29 of
    this subsection, in which case the person's driving
    privileges shall be suspended for 5 years;
        31. Has refused to submit to a test as required by
    Section 11-501.6 of this Code or Section 5-16c of the Boat
    Registration and Safety Act 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 use or consumption of cannabis as listed in
    the Cannabis Control Act, a controlled substance as listed
    in the Illinois Controlled Substances Act, an intoxicating
    compound as listed in the Use of Intoxicating Compounds
    Act, or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act, in which case the
    penalty shall be as prescribed in Section 6-208.1;
        32. Has been convicted of Section 24-1.2 of the
    Criminal Code of 1961 or the Criminal Code of 2012 relating
    to the aggravated discharge of a firearm if the offender
    was located in a motor vehicle at the time the firearm was
    discharged, in which case the suspension shall be for 3
    years;
        33. Has as a driver, who was less than 21 years of age
    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;
        34. Has committed a violation of Section 11-1301.5 of
    this Code or a similar provision of a local ordinance;
        35. Has committed a violation of Section 11-1301.6 of
    this Code or a similar provision of a local ordinance;
        36. Is under the age of 21 years at the time of arrest
    and has been convicted of not less than 2 offenses against
    traffic regulations governing the movement of vehicles
    committed within any 24 month period. No revocation or
    suspension shall be entered more than 6 months after the
    date of last conviction;
        37. Has committed a violation of subsection (c) of
    Section 11-907 of this Code that resulted in damage to the
    property of another or the death or injury of another;
        38. Has been convicted of a violation of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance;
        39. Has committed a second or subsequent violation of
    Section 11-1201 of this Code;
        40. Has committed a violation of subsection (a-1) of
    Section 11-908 of this Code;
        41. Has committed a second or subsequent violation of
    Section 11-605.1 of this Code, a similar provision of a
    local ordinance, or a similar violation in any other state
    within 2 years of the date of the previous violation, in
    which case the suspension shall be for 90 days;
        42. Has committed a violation of subsection (a-1) of
    Section 11-1301.3 of this Code or a similar provision of a
    local ordinance;
        43. Has received a disposition of court supervision for
    a violation of subsection (a), (d), or (e) of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance, in which case the suspension shall be
    for a period of 3 months;
        44. Is under the age of 21 years at the time of arrest
    and has been convicted of an offense against traffic
    regulations governing the movement of vehicles after
    having previously had his or her driving privileges
    suspended or revoked pursuant to subparagraph 36 of this
    Section;
        45. Has, in connection with or during the course of a
    formal hearing conducted under Section 2-118 of this Code:
    (i) committed perjury; (ii) submitted fraudulent or
    falsified documents; (iii) submitted documents that have
    been materially altered; or (iv) submitted, as his or her
    own, documents that were in fact prepared or composed for
    another person; or
        46. Has committed a violation of subsection (j) of
    Section 3-413 of this Code.
    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,
a probationary driver's license or a temporary driver's
license.
    (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
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
    (c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
        2. If the Secretary of State suspends the driver's
    license of a person under subsection 2 of paragraph (a) of
    this Section, a person's privilege to operate a vehicle as
    an occupation shall not be suspended, provided an affidavit
    is properly completed, the appropriate fee received, and a
    permit issued prior to the effective date of the
    suspension, unless 5 offenses were committed, at least 2 of
    which occurred while operating a commercial vehicle in
    connection with the driver's regular occupation. All other
    driving privileges shall be suspended by the Secretary of
    State. Any driver prior to operating a vehicle for
    occupational purposes only must submit the affidavit on
    forms to be provided by the Secretary of State setting
    forth the facts of the person's occupation. The affidavit
    shall also state the number of offenses committed while
    operating a vehicle in connection with the driver's regular
    occupation. The affidavit shall be accompanied by the
    driver's license. Upon receipt of a properly completed
    affidavit, the Secretary of State shall issue the driver a
    permit to operate a vehicle in connection with the driver's
    regular occupation only. Unless the permit is issued by the
    Secretary of State prior to the date of suspension, the
    privilege to drive any motor vehicle shall be suspended as
    set forth in the notice that was mailed under this Section.
    If an affidavit is received subsequent to the effective
    date of this suspension, a permit may be issued for the
    remainder of the suspension period.
        The provisions of this subparagraph shall not apply to
    any driver required to possess a CDL for the purpose of
    operating a commercial motor vehicle.
        Any person who falsely states any fact in the affidavit
    required herein shall be guilty of perjury under Section
    6-302 and upon conviction thereof shall have all driving
    privileges revoked without further rights.
        3. At the conclusion of a hearing under Section 2-118
    of this Code, the Secretary of State shall either rescind
    or continue an order of revocation or shall substitute an
    order of suspension; or, good cause appearing therefor,
    rescind, continue, change, or extend the order of
    suspension. If the Secretary of State does not rescind the
    order, the Secretary may upon application, to relieve undue
    hardship (as defined by the rules of the Secretary of
    State), issue 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 scope of the petitioner's
    employment related duties, or to allow the petitioner to
    transport himself or herself, or a family member of the
    petitioner's household to a medical facility, to receive
    necessary medical care, to allow the petitioner to
    transport himself or herself to and from alcohol or drug
    remedial or rehabilitative activity recommended by a
    licensed service provider, or to allow the petitioner to
    transport himself or herself or a family member of the
    petitioner's household to classes, as a student, at an
    accredited educational institution, or to allow the
    petitioner to transport children, elderly persons, or
    disabled persons who do not hold driving privileges and are
    living in the petitioner's household to and from daycare.
    The petitioner must demonstrate that no alternative means
    of transportation is reasonably available and that the
    petitioner will not endanger the public safety or welfare.
    Those multiple offenders identified in subdivision (b)4 of
    Section 6-208 of this Code, however, shall not be eligible
    for the issuance of a restricted driving permit.
             (A) If a person's license or permit is revoked or
        suspended due to 2 or more convictions of violating
        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 or the
        Criminal Code of 2012, 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.
            (B) If a person's license or permit is revoked or
        suspended 2 or more times within a 10 year period due
        to any combination of:
                (i) 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
            or Section 9-3 of the Criminal Code of 1961 or the
            Criminal Code of 2012, where the use of alcohol or
            other drugs is recited as an element of the
            offense, or a similar out-of-state offense; or
                (ii) a statutory summary suspension or
            revocation under Section 11-501.1; 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
        interlock device as defined in Section 1-129.1.
            (C) The person issued a permit conditioned upon the
        use of an ignition interlock device must pay to the
        Secretary of State DUI Administration Fund an amount
        not to exceed $30 per month. The Secretary shall
        establish by rule the amount and the procedures, terms,
        and conditions relating to these fees.
            (D) If the restricted driving permit is issued for
        employment purposes, then the prohibition against
        operating a motor vehicle that is not equipped with an
        ignition interlock device does not apply to the
        operation of an occupational vehicle owned or leased by
        that person's employer when used solely for employment
        purposes.
            (E) In each case the Secretary may issue a
        restricted driving permit for a period deemed
        appropriate, except that all permits shall expire
        within one year from the date of issuance. 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 or the Criminal Code of 2012, 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 offenses, until the
        expiration of at least one year from the date of the
        revocation. A restricted driving permit issued under
        this 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; except that a conviction upon one or more
        offenses against laws or ordinances regulating the
        movement of traffic shall be deemed sufficient cause
        for the revocation, suspension, or cancellation of a
        restricted driving permit. The Secretary of State may,
        as a condition to the issuance of a restricted driving
        permit, require the applicant to participate in a
        designated driver remedial or rehabilitative program.
        The Secretary of State is authorized to cancel a
        restricted driving permit if the permit holder does not
        successfully complete the program.
    (c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
    (c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
    (c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
    (d) This Section is subject to the provisions of the
Drivers License Compact.
    (e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
    (f) In accordance with 49 C.F.R. 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,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844,
eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
    Section 10. The Boat Registration and Safety Act is amended
by adding Section 5-16c as follows:
 
    (625 ILCS 45/5-16c new)
    Sec. 5-16c. Operator involvement in personal injury or
fatal boating accident; chemical tests.
    (a) Any person who operates or is in actual physical
control of a motorboat within this State and who has been
involved in a personal injury or fatal boating accident shall
be deemed to have given consent to a breath test using a
portable device as approved by the Department of State Police
or to a chemical test or tests of blood, breath, or urine for
the purpose of determining the content of alcohol, other drug
or drugs, or intoxicating compound or compounds of the person's
blood if arrested as evidenced by the issuance of a uniform
citation for a violation of the Boat Registration and Safety
Act or a similar provision of a local ordinance, with the
exception of equipment violations contained in Article IV of
this Act or similar provisions of local ordinances. The test or
tests shall be administered at the direction of the arresting
officer. The law enforcement agency employing the officer shall
designate which of the aforesaid tests shall be administered. A
urine test may be administered even after a blood or breath
test or both has been administered. Compliance with this
Section does not relieve the person from the requirements of
any other Section of this Act.
    (b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering that person incapable of
refusal shall be deemed not to have withdrawn the consent
provided by subsection (a) of this Section. In addition, if an
operator of a motorboat is receiving medical treatment as a
result of a boating accident, any physician licensed to
practice medicine, licensed physician assistant, licensed
advanced practice nurse, registered nurse, or a phlebotomist
acting under the direction of a licensed physician shall
withdraw blood for testing purposes to ascertain the presence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, upon the specific request of a law enforcement
officer. However, this testing shall not be performed until, in
the opinion of the medical personnel on scene, the withdrawal
can be made without interfering with or endangering the
well-being of the patient.
    (c) A person requested to submit to a test under subsection
(a) of this Section shall be warned by the law enforcement
officer requesting the test that a refusal to submit to the
test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound resulting from the
unlawful use or consumption of cannabis listed in the Cannabis
Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community Protection
Act as detected in the person's blood or urine, may result in
the suspension of the person's privilege to operate a motor
vehicle and may result in the disqualification of the person's
privilege to operate a commercial motor vehicle, as provided in
Section 6-514 of the Illinois Vehicle Code, if the person is a
CDL holder. The length of the suspension shall be the same as
outlined in Section 6-208.1 of the Illinois Vehicle Code
regarding statutory summary suspensions.
    (d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 or more, or
any amount of a drug, substance, or intoxicating compound in
the person's blood or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) of this Section and the person refused to submit
to a test or tests or submitted to testing which disclosed an
alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's blood or
urine, resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act.
    Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification to the person's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to
the person.
    The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and this suspension and disqualification shall be effective on
the 46th day following the date notice was given.
    In cases where the blood alcohol concentration of 0.08 or
more, or any amount of a drug, substance, or intoxicating
compound resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer shall
give notice as provided in this Section or by deposit in the
United States mail of this notice in an envelope with postage
prepaid and addressed to the person at his or her address as
shown on the uniform citation and the suspension and
disqualification shall be effective on the 46th day following
the date notice was given.
    Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
suspension and disqualification to the person by mailing a
notice of the effective date of the suspension and
disqualification to the person. However, should the sworn
report be defective by not containing sufficient information or
be completed in error, the notice of the suspension and
disqualification shall not be mailed to the person or entered
to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
    (e) A person may contest this suspension of his or her
driving privileges and disqualification of his or her CDL
privileges by requesting an administrative hearing with the
Secretary of State in accordance with Section 2-118 of the
Illinois Vehicle Code. At the conclusion of a hearing held
under Section 2-118 of the Illinois Vehicle Code, the Secretary
of State may rescind, continue, or modify the orders of
suspension and disqualification. If the Secretary of State does
not rescind the orders of suspension and disqualification, a
restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and
medical purposes as outlined in Section 6-206 of the Illinois
Vehicle Code. The provisions of Section 6-206 of the Illinois
Vehicle Code shall apply. In accordance with 49 C.F.R. 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, cancelled, or disqualified.
    (f) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the accident
report completed by a law enforcement officer that requires
immediate professional attention in a doctor's office or a
medical facility. A type A injury shall include severely
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.

Effective Date: 1/1/2014