Public Act 099-0297
 
HB3670 EnrolledLRB099 08834 RJF 29006 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 6-205 as follows:
 
 

    (625 ILCS 5/6-205)

 
  
    Sec. 6-205. Mandatory revocation of license or permit; 
Hardship cases. 

    (a) Except as provided in this Section, the Secretary of 
State shall
immediately revoke the license, permit, or driving 
privileges of
any driver upon receiving a
report of the 
driver's conviction of any of the following offenses:


        1. Reckless homicide resulting from the operation of a 
    motor vehicle;


        2. Violation of Section 11-501 of this Code or a 
    similar provision of
a local ordinance relating to the 
    offense of operating or being in physical
control of a 
    vehicle while under the influence of alcohol, other drug or

    drugs, intoxicating compound or compounds, or any 
    combination thereof;


        3. Any felony under the laws of any State or the 
    federal government
in the commission of which a motor 
    vehicle was used;


        4. Violation of Section 11-401 of this Code relating to 
    the offense of
leaving the scene of a traffic accident 
    involving death or personal injury;


        5. Perjury or the making of a false affidavit or 
    statement under
oath to the Secretary of State under this 
    Code or under any
other law relating to the ownership or 
    operation of motor vehicles;


        6. Conviction upon 3 charges of violation of Section 
    11-503 of this
Code relating to the offense of reckless 
    driving committed within a
period of 12 months;


        7. Conviction of any offense
defined in
Section 4-102 
    of this Code;


        8. Violation of Section 11-504 of this Code relating to 
    the offense
of drag racing;


        9. Violation of Chapters 8 and 9 of this Code;


        10. Violation of Section 12-5 of the Criminal Code of 
    1961 or the Criminal Code of 2012 arising from
the use of a 
    motor vehicle;


        11. Violation of Section 11-204.1 of this Code relating 
    to aggravated
fleeing or attempting to elude a peace 
    officer;


        12. Violation of paragraph (1) of subsection (b) of 
    Section 6-507,
or a similar law of any other state, 
    relating to the
unlawful operation of a commercial motor 
    vehicle;


        13. Violation of paragraph (a) of Section 11-502 of 
    this Code or a
similar provision of a local ordinance if 
    the driver has been previously
convicted of a violation of 
    that Section or a similar provision of a local
ordinance 
    and the driver was less than 21 years of age at the time of 
    the
offense;


        14.  Violation of paragraph (a) of Section 11-506 of 
    this Code or a similar provision of a local ordinance 
    relating to the offense of street racing;

        15.  A second or subsequent conviction of driving while 
    the person's driver's license, permit or privileges was 
    revoked for reckless homicide or a similar out-of-state 
    offense; 
        16. Any offense against any provision in this Code, or 
    any local ordinance, regulating the
movement of traffic 
    when that offense was the proximate cause of the death of 
    any person. Any person whose driving privileges have been 
    revoked pursuant to this paragraph may seek to have the 
    revocation terminated or to have the length of revocation 
    reduced by requesting an administrative hearing with the 
    Secretary of State prior to the projected driver's license 
    application eligibility date; 
        17. Violation of subsection (a-2) of Section 11-1301.3 
    of this Code or a similar provision of a local ordinance;
        18. A second or subsequent conviction of 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. A 
    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.
    (b) The Secretary of State shall also immediately revoke 
the license
or permit of any driver in the following 
situations:


        1. Of any minor upon receiving the notice provided for 
    in Section
5-901 of the Juvenile Court Act of 1987 that the 
    minor has been
adjudicated under that Act as having 
    committed an offense relating to
motor vehicles prescribed 
    in Section 4-103 of this Code;


        2. Of any person when any other law of this State 
    requires either the
revocation or suspension of a license 
    or permit;


        3. Of any person adjudicated under the Juvenile Court 
    Act of 1987 based on an offense determined to have been 
    committed in furtherance of the criminal activities of an 
    organized gang as provided in Section 5-710 of that Act, 
    and that involved the operation or use of a motor vehicle 
    or the use of a driver's license or permit. The revocation 
    shall remain in effect for the period determined by the 
    court. Upon the direction of the court, the Secretary shall 
    issue the person a judicial driving permit, also known as a 
    JDP. The JDP shall be subject to the same terms as a JDP 
    issued under Section 6-206.1, except that the court may 
    direct that a JDP issued under this subdivision (b)(3) be 
    effective immediately.

    (c)(1) Whenever a person is convicted of any of the 
offenses enumerated in
this Section, the court may recommend 
and the Secretary of State in his
discretion, without regard to 
whether the recommendation is made by the
court may, upon 
application,
issue to the person 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 for the receipt of necessary medical care or 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; if the petitioner 
is able to demonstrate that no alternative means
of 
transportation is reasonably available and that the petitioner 
will not endanger
the public safety or welfare; provided that 
the Secretary's discretion shall be
limited to cases where 
undue hardship, as defined by the rules of the Secretary of 
State, would result from a failure to issue the
restricted 
driving permit. 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.

        (2) 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.

        (3) If:

            (A) 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 pursuant to Section 
            6-203.1;

        arising out of
separate occurrences; or
            (B)
 a person has been convicted of one 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 or the Criminal Code of 2012, relating to 
        the offense of reckless homicide where the use of 
        alcohol or other drugs was recited as an element of the 
        offense, or a similar provision of a law of another 
        state;

    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. 
        (4)
The person issued a permit conditioned on 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. 
        (5)
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. 
        (6)
In each case the Secretary of State may issue a

    restricted driving permit for a period he deems 
    appropriate, except that the
permit 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 these 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 petitioner 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. However, if an individual's driving 
    privileges have been
revoked in accordance with paragraph 
    13 of subsection (a) of this Section, no
restricted driving 
    permit shall be issued until the individual has served 6

    months of the revocation period.

    (c-5) (Blank).

    (c-6) If a person is convicted of a second violation of 
operating a motor vehicle while the person's driver's license, 
permit or privilege was revoked, where the revocation was for a 
violation of Section 9-3 of the Criminal Code of 1961 or the 
Criminal Code of 2012 relating to the offense of reckless 
homicide or a similar out-of-state offense, the person's 
driving privileges shall be revoked pursuant to subdivision 
(a)(15) of this Section.  The person may not make application 
for a license or permit until the expiration of five years from 
the effective date of the revocation or the expiration of five 
years from the date of release from a term of imprisonment, 
whichever is later. 
    (c-7)  If a person is convicted of a third or subsequent 
violation of operating a motor vehicle while the person's 
driver's license, permit or privilege was revoked, where the 
revocation was for a violation of Section 9-3 of the Criminal 
Code of 1961 or the Criminal Code of 2012 relating to the 
offense of reckless homicide or a similar out-of-state offense, 
the person may never apply for a license or permit. 
    (d)(1) Whenever a person under the age of 21 is convicted 
under Section
11-501 of this Code or a similar provision of a 
local ordinance or a similar out-of-state offense, the

Secretary of State shall revoke the driving privileges of that 
person.  One
year after the date of revocation, and upon 
application, the Secretary of
State may, if satisfied that the 
person applying will not endanger the
public safety or welfare, 
issue a restricted driving permit granting the
privilege of 
driving a motor vehicle only between the hours of 5 a.m. and 9

p.m. or as otherwise provided by this Section for a period of 
one year.
After this one year period, and upon reapplication 
for a license as
provided in Section 6-106, upon payment of the 
appropriate reinstatement
fee provided under paragraph (b) of 
Section 6-118, the Secretary of State,
in his discretion, may

reinstate the petitioner's driver's license and driving 
privileges, or extend the restricted driving permit as many 
times as the
Secretary of State deems appropriate, by 
additional periods of not more than
12 months each.

        (2) 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.

        (3) 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:
            (A) 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
            (B)
a statutory summary suspension or revocation 
        under Section 11-501.1; or 
            (C) a suspension pursuant to 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.
        (4)
The person issued a permit conditioned upon the use 
    of an 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.
        (5)
If the restricted driving permit is issued for 
    employment purposes, then
the prohibition against driving 
    a 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.
        (6)  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.


    (d-5) The revocation of the license, permit, or driving 
privileges of a person 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 or 
the Criminal Code of 2012, relating to the offense of reckless 
homicide, or a similar provision of a law of another state, is 
permanent. The Secretary may not, at any time, issue a license 
or permit to that person.

    (e) This Section is subject to the provisions of the Driver 
License
Compact.

    (f) Any revocation imposed upon any person under 
subsections 2
and 3 of paragraph (b) that is in effect on 
December 31, 1988 shall be
converted to a suspension for a like 
period of time.

    (g) 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 revoked
under any provisions of 
this Code.

    (h) The Secretary of State shall require the use of 
ignition interlock
devices on all vehicles owned by a person 
who has been convicted of a
second or subsequent offense under 
Section 11-501 of this Code or a similar
provision of a local 
ordinance.  The person must pay to the Secretary of State DUI 
Administration Fund an amount not to exceed $30 for each month 
that he or she uses the device. The Secretary shall establish 
by rule and
regulation the procedures for certification and use 
of the interlock
system, the amount of the fee, and the 
procedures, terms, and conditions relating to these fees.

    (i) (Blank).

    (j) 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 revoked, suspended, 
cancelled, or disqualified under any provisions of this Code.

    (k)   The Secretary of State shall notify by mail any person 
whose driving privileges have been revoked under paragraph 16 
of subsection (a) of this Section that his or her driving 
privileges and driver's license will be revoked 90 days from 
the date of the mailing of the notice. 
(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; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. 
1-1-13; 97-1150, eff. 1-25-13.)