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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 6-205 and 6-206 as follows: | ||||||
6 | (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) | ||||||
7 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
8 | Hardship cases. | ||||||
9 | (a) Except as provided in this Section, the Secretary of | ||||||
10 | State shall
immediately revoke the license, permit, or driving | ||||||
11 | privileges of
any driver upon receiving a
report of the | ||||||
12 | driver'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 arising from
the use of a motor vehicle; | ||||||
18 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
19 | to aggravated
fleeing or attempting to elude a peace | ||||||
20 | officer; | ||||||
21 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
22 | Section 6-507,
or a similar law of any other state, | ||||||
23 | relating to the
unlawful operation of a commercial motor | ||||||
24 | vehicle; | ||||||
25 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
26 | this Code or a
similar provision of a local ordinance if |
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| |||||||
1 | the driver has been previously
convicted of a violation of | ||||||
2 | that Section or a similar provision of a local
ordinance | ||||||
3 | and the driver was less than 21 years of age at the time of | ||||||
4 | the
offense; | ||||||
5 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
6 | this Code or a similar provision of a local ordinance | ||||||
7 | relating to the offense of street racing;
| ||||||
8 | 15. A second or subsequent conviction of driving while | ||||||
9 | the person's driver's license, permit or privileges was | ||||||
10 | revoked for reckless homicide or a similar out-of-state | ||||||
11 | offense ; . | ||||||
12 | 16. Any offense against any provision in the Illinois
| ||||||
13 | Vehicle Code, or any local ordinance, regulating the
| ||||||
14 | movement of traffic, that has caused or contributed to an
| ||||||
15 | accident resulting in the death of any person. Any person | ||||||
16 | whose driving privileges have been revoked pursuant to this | ||||||
17 | paragraph may seek to have the revocation terminated or to | ||||||
18 | have the length of revocation reduced, by requesting an | ||||||
19 | administrative hearing with the Secretary of State prior to | ||||||
20 | the projected driver's license application eligibility | ||||||
21 | date. | ||||||
22 | (b) The Secretary of State shall also immediately revoke | ||||||
23 | the license
or permit of any driver in the following | ||||||
24 | situations: | ||||||
25 | 1. Of any minor upon receiving the notice provided for | ||||||
26 | in Section
5-901 of the Juvenile Court Act of 1987 that the |
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1 | minor has been
adjudicated under that Act as having | ||||||
2 | committed an offense relating to
motor vehicles prescribed | ||||||
3 | in Section 4-103 of this Code; | ||||||
4 | 2. Of any person when any other law of this State | ||||||
5 | requires either the
revocation or suspension of a license | ||||||
6 | or permit; | ||||||
7 | 3. Of any person adjudicated under the Juvenile Court | ||||||
8 | Act of 1987 based on an offense determined to have been | ||||||
9 | committed in furtherance of the criminal activities of an | ||||||
10 | organized gang as provided in Section 5-710 of that Act, | ||||||
11 | and that involved the operation or use of a motor vehicle | ||||||
12 | or the use of a driver's license or permit. The revocation | ||||||
13 | shall remain in effect for the period determined by the | ||||||
14 | court. Upon the direction of the court, the Secretary shall | ||||||
15 | issue the person a judicial driving permit, also known as a | ||||||
16 | JDP. The JDP shall be subject to the same terms as a JDP | ||||||
17 | issued under Section 6-206.1, except that the court may | ||||||
18 | direct that a JDP issued under this subdivision (b)(3) be | ||||||
19 | effective immediately.
| ||||||
20 | (c)(1) Except as provided in subsection (c-5), whenever a | ||||||
21 | person is convicted of any of the offenses enumerated in
this | ||||||
22 | Section, the court may recommend and the Secretary of State in | ||||||
23 | his
discretion, without regard to whether the recommendation is | ||||||
24 | made by the
court may, upon application,
issue to the person a
| ||||||
25 | restricted driving permit granting the privilege of driving a | ||||||
26 | motor
vehicle between the petitioner's residence and |
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| |||||||
1 | petitioner's place
of employment or within the scope of the | ||||||
2 | petitioner's employment related
duties, or to allow the | ||||||
3 | petitioner to transport himself or herself or a family member
| ||||||
4 | of the petitioner's household to a medical facility for the | ||||||
5 | receipt of necessary medical care or to allow the
petitioner to | ||||||
6 | transport himself or herself to and from alcohol or drug | ||||||
7 | remedial or rehabilitative activity recommended by a licensed | ||||||
8 | service provider, or to allow the
petitioner to transport | ||||||
9 | himself or herself or a family member of the petitioner's | ||||||
10 | household to classes, as a student, at an accredited | ||||||
11 | educational
institution, or to allow the petitioner to | ||||||
12 | transport children living in the petitioner's household to and | ||||||
13 | from daycare; if the petitioner is able to demonstrate that no | ||||||
14 | alternative means
of transportation is reasonably available | ||||||
15 | and that the petitioner will not endanger
the public safety or | ||||||
16 | welfare; provided that the Secretary's discretion shall be
| ||||||
17 | limited to cases where undue hardship, as defined by the rules | ||||||
18 | of the Secretary of State, would result from a failure to issue | ||||||
19 | the
restricted driving permit. Those multiple offenders | ||||||
20 | identified in subdivision (b)4 of Section 6-208 of this Code, | ||||||
21 | however, shall not be eligible for the issuance of a restricted | ||||||
22 | driving permit. | ||||||
23 | (2) If a person's license or permit is revoked or | ||||||
24 | suspended due to 2 or
more convictions of violating Section | ||||||
25 | 11-501 of this Code or a similar
provision of a local | ||||||
26 | ordinance or a similar out-of-state offense, or Section 9-3 |
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| |||||||
1 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
2 | other drugs is recited as an element of the offense, or a | ||||||
3 | similar out-of-state offense, or a combination of these | ||||||
4 | offenses, arising out
of separate occurrences, that | ||||||
5 | person, if issued a restricted driving permit,
may not | ||||||
6 | operate a vehicle unless it has been equipped with an | ||||||
7 | ignition
interlock device as defined in Section 1-129.1. | ||||||
8 | (3) If:
| ||||||
9 | (A) a person's license or permit is revoked or | ||||||
10 | suspended 2 or more
times within a 10 year period due | ||||||
11 | to any combination of: | ||||||
12 | (i)
a single conviction of violating Section
| ||||||
13 | 11-501 of this Code or a similar provision of a | ||||||
14 | local ordinance or a similar
out-of-state offense, | ||||||
15 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
16 | the use of alcohol or other drugs is recited as an | ||||||
17 | element of the offense, or a similar out-of-state | ||||||
18 | offense; or | ||||||
19 | (ii)
a statutory summary suspension under | ||||||
20 | Section
11-501.1; or | ||||||
21 | (iii)
a suspension pursuant to Section | ||||||
22 | 6-203.1;
| ||||||
23 | arising out of
separate occurrences; or | ||||||
24 | (B)
a person has been convicted of one violation of | ||||||
25 | Section 6-303 of this Code committed while his or her | ||||||
26 | driver's license, permit, or privilege was revoked |
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| |||||||
1 | because of a violation of Section 9-3 of the Criminal | ||||||
2 | Code of 1961, relating to the offense of reckless | ||||||
3 | homicide where the use of alcohol or other drugs was | ||||||
4 | recited as an element of the offense, or a similar | ||||||
5 | provision of a law of another state;
| ||||||
6 | that person, if issued a restricted
driving permit, may not | ||||||
7 | operate a vehicle unless it has been equipped with an
| ||||||
8 | ignition interlock device as defined in Section 1-129.1. | ||||||
9 | (4)
The person issued a permit conditioned on the use | ||||||
10 | of an ignition interlock device must pay to the Secretary | ||||||
11 | of State DUI Administration Fund an amount
not to exceed | ||||||
12 | $30 per month. The Secretary shall establish by rule the | ||||||
13 | amount
and the procedures, terms, and conditions relating | ||||||
14 | to these fees. | ||||||
15 | (5)
If the restricted driving permit is issued for | ||||||
16 | employment purposes, then
the prohibition against | ||||||
17 | operating a motor vehicle that is not equipped with an | ||||||
18 | ignition interlock device does not apply to the operation | ||||||
19 | of an occupational vehicle
owned or leased by that person's | ||||||
20 | employer when used solely for employment purposes. | ||||||
21 | (6)
In each case the Secretary of State may issue a
| ||||||
22 | restricted driving permit for a period he deems | ||||||
23 | appropriate, except that the
permit shall expire within one | ||||||
24 | year from the date of issuance. The Secretary
may not, | ||||||
25 | however, issue a restricted driving permit to any person | ||||||
26 | whose current
revocation is the result of a second or |
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| |||||||
1 | subsequent conviction for a violation
of Section 11-501 of | ||||||
2 | this Code or a similar provision of a local ordinance
or | ||||||
3 | any similar out-of-state offense, or Section 9-3 of the | ||||||
4 | Criminal Code of 1961, where the use of alcohol or other | ||||||
5 | drugs is recited as an element of the offense, or any | ||||||
6 | similar out-of-state offense, or any combination of these | ||||||
7 | offenses, until the expiration of at least one year from | ||||||
8 | the date of the
revocation. A restricted
driving permit | ||||||
9 | issued under this Section shall be
subject to cancellation, | ||||||
10 | revocation, and suspension by the Secretary of
State in | ||||||
11 | like manner and for like cause as a driver's license issued
| ||||||
12 | under this Code may be cancelled, revoked, or
suspended; | ||||||
13 | except that a conviction upon one or more offenses against | ||||||
14 | laws or
ordinances regulating the movement of traffic shall | ||||||
15 | be deemed sufficient cause
for the revocation, suspension, | ||||||
16 | or cancellation of a restricted driving permit.
The | ||||||
17 | Secretary of State may, as a condition to the issuance of a | ||||||
18 | restricted
driving permit, require the petitioner to | ||||||
19 | participate in a designated driver
remedial or | ||||||
20 | rehabilitative program. The Secretary of State is | ||||||
21 | authorized to
cancel a restricted driving permit if the | ||||||
22 | permit holder does not successfully
complete the program. | ||||||
23 | However, if an individual's driving privileges have been
| ||||||
24 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
25 | of this Section, no
restricted driving permit shall be | ||||||
26 | issued until the individual has served 6
months of the |
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| |||||||
1 | revocation period. | ||||||
2 | (c-5) (Blank).
| ||||||
3 | (c-6) If a person is convicted of a second violation of | ||||||
4 | operating a motor vehicle while the person's driver's license, | ||||||
5 | permit or privilege was revoked, where the revocation was for a | ||||||
6 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
7 | to the offense of reckless homicide or a similar out-of-state | ||||||
8 | offense, the person's driving privileges shall be revoked | ||||||
9 | pursuant to subdivision (a)(15) of this Section. The person may | ||||||
10 | not make application for a license or permit until the | ||||||
11 | expiration of five years from the effective date of the | ||||||
12 | revocation or the expiration of five years from the date of | ||||||
13 | release from a term of imprisonment, whichever is later. | ||||||
14 | (c-7) If a person is convicted of a third or subsequent | ||||||
15 | violation of operating a motor vehicle while the person's | ||||||
16 | driver's license, permit or privilege was revoked, where the | ||||||
17 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
18 | Code of 1961 relating to the offense of reckless homicide or a | ||||||
19 | similar out-of-state offense, the person may never apply for a | ||||||
20 | license or permit. | ||||||
21 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
22 | under Section
11-501 of this Code or a similar provision of a | ||||||
23 | local ordinance or a similar out-of-state offense, the
| ||||||
24 | Secretary of State shall revoke the driving privileges of that | ||||||
25 | person. One
year after the date of revocation, and upon | ||||||
26 | application, the Secretary of
State may, if satisfied that the |
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| |||||||
1 | person applying will not endanger the
public safety or welfare, | ||||||
2 | issue a restricted driving permit granting the
privilege of | ||||||
3 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
4 | p.m. or as otherwise provided by this Section for a period of | ||||||
5 | one year.
After this one year period, and upon reapplication | ||||||
6 | for a license as
provided in Section 6-106, upon payment of the | ||||||
7 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
8 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
9 | reinstate the petitioner's driver's license and driving | ||||||
10 | privileges, or extend the restricted driving permit as many | ||||||
11 | times as the
Secretary of State deems appropriate, by | ||||||
12 | additional periods of not more than
12 months each. | ||||||
13 | (2) If a person's license or permit is revoked or | ||||||
14 | suspended due to 2 or
more convictions 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 Section 9-3 | ||||||
17 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
18 | other drugs is recited as an element of the offense, or a | ||||||
19 | similar out-of-state offense, or a combination of these | ||||||
20 | offenses, arising out
of separate occurrences, that | ||||||
21 | person, if issued a restricted driving permit,
may not | ||||||
22 | operate a vehicle unless it has been equipped with an | ||||||
23 | ignition
interlock device as defined in Section 1-129.1. | ||||||
24 | (3) If a person's license or permit is revoked or | ||||||
25 | suspended 2 or more times
within a 10 year period due to | ||||||
26 | any combination of: |
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| |||||||
1 | (A) a single conviction 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 | ||||||
4 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
5 | of alcohol or other drugs is recited as an element of | ||||||
6 | the offense, or a similar out-of-state offense; or | ||||||
7 | (B)
a statutory summary suspension under Section | ||||||
8 | 11-501.1; or | ||||||
9 | (C) a suspension pursuant to Section 6-203.1; | ||||||
10 | arising out of separate occurrences, that person, if issued | ||||||
11 | a
restricted
driving permit, may not operate a vehicle | ||||||
12 | unless it has been equipped with an
ignition interlock | ||||||
13 | device as defined in Section 1-129.1. | ||||||
14 | (4)
The person issued a permit conditioned upon the use | ||||||
15 | of an interlock device must pay to the Secretary of State | ||||||
16 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
17 | month. The Secretary shall establish by rule the amount
and | ||||||
18 | the procedures, terms, and conditions relating to these | ||||||
19 | fees. | ||||||
20 | (5)
If the restricted driving permit is issued for | ||||||
21 | employment purposes, then
the prohibition against driving | ||||||
22 | a vehicle that is not equipped with an ignition interlock | ||||||
23 | device does not apply to the operation of an occupational | ||||||
24 | vehicle
owned or leased by that person's employer when used | ||||||
25 | solely for employment purposes. | ||||||
26 | (6) A
restricted driving permit issued under this |
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| |||||||
1 | Section shall be subject to
cancellation, revocation, and | ||||||
2 | suspension by the Secretary of State in like
manner and for | ||||||
3 | like cause as a driver's license issued under this Code may | ||||||
4 | be
cancelled, revoked, or suspended; except that a | ||||||
5 | conviction upon one or more
offenses against laws or | ||||||
6 | ordinances regulating the movement of traffic
shall be | ||||||
7 | deemed sufficient cause for the revocation, suspension, or
| ||||||
8 | cancellation of a restricted driving permit.
| ||||||
9 | (d-5) The revocation of the license, permit, or driving | ||||||
10 | privileges of a person convicted of a third or subsequent | ||||||
11 | violation of Section 6-303 of this Code committed while his or | ||||||
12 | her driver's license, permit, or privilege was revoked because | ||||||
13 | of a violation of Section 9-3 of the Criminal Code of 1961, | ||||||
14 | relating to the offense of reckless homicide, or a similar | ||||||
15 | provision of a law of another state, is permanent. The | ||||||
16 | Secretary may not, at any time, issue a license or permit to | ||||||
17 | that person.
| ||||||
18 | (e) This Section is subject to the provisions of the Driver | ||||||
19 | License
Compact. | ||||||
20 | (f) Any revocation imposed upon any person under | ||||||
21 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
22 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
23 | period of time. | ||||||
24 | (g) The Secretary of State shall not issue a restricted | ||||||
25 | driving permit to
a person under the age of 16 years whose | ||||||
26 | driving privileges have been revoked
under any provisions of |
| |||||||
| |||||||
1 | this Code. | ||||||
2 | (h) The Secretary of State shall require the use of | ||||||
3 | ignition interlock
devices on all vehicles owned by a person | ||||||
4 | who has been convicted of a
second or subsequent offense under | ||||||
5 | Section 11-501 of this Code or a similar
provision of a local | ||||||
6 | ordinance. The person must pay to the Secretary of State DUI | ||||||
7 | Administration Fund an amount not to exceed $30 for each month | ||||||
8 | that he or she uses the device. The Secretary shall establish | ||||||
9 | by rule and
regulation the procedures for certification and use | ||||||
10 | of the interlock
system, the amount of the fee, and the | ||||||
11 | procedures, terms, and conditions relating to these fees. | ||||||
12 | (i) (Blank). | ||||||
13 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
14 | State may not issue a restricted driving permit for the | ||||||
15 | operation of a commercial motor vehicle to a person holding a | ||||||
16 | CDL whose driving privileges have been revoked, suspended, | ||||||
17 | cancelled, or disqualified under any provisions of this Code.
| ||||||
18 | (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377, | ||||||
19 | eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848, | ||||||
20 | eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09; | ||||||
21 | 96-607, eff. 8-24-09.) | ||||||
22 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206) | ||||||
23 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
24 | license or
permit; Right to a hearing. | ||||||
25 | (a) The Secretary of State is authorized to suspend or |
| |||||||
| |||||||
1 | revoke the
driving privileges of any person without preliminary | ||||||
2 | hearing upon a showing
of the person's records or other | ||||||
3 | sufficient evidence that
the person: | ||||||
4 | 1. Has committed an offense for which mandatory | ||||||
5 | revocation of
a driver's license or permit is required upon | ||||||
6 | conviction; | ||||||
7 | 2. Has been convicted of not less than 3 offenses | ||||||
8 | against traffic
regulations governing the movement of | ||||||
9 | vehicles committed within any 12
month period. No | ||||||
10 | revocation or suspension shall be entered more than
6 | ||||||
11 | months after the date of last conviction; | ||||||
12 | 3. Has been repeatedly involved as a driver in motor | ||||||
13 | vehicle
collisions or has been repeatedly convicted of | ||||||
14 | offenses against laws and
ordinances regulating the | ||||||
15 | movement of traffic, to a degree that
indicates lack of | ||||||
16 | ability to exercise ordinary and reasonable care in
the | ||||||
17 | safe operation of a motor vehicle or disrespect for the | ||||||
18 | traffic laws
and the safety of other persons upon the | ||||||
19 | highway; | ||||||
20 | 4. Has by the unlawful operation of a motor vehicle | ||||||
21 | caused or
contributed to an accident resulting in death or | ||||||
22 | injury requiring
immediate professional treatment in a | ||||||
23 | medical facility or doctor's office
to any person, except | ||||||
24 | that any suspension or revocation imposed by the
Secretary | ||||||
25 | of State under the provisions of this subsection shall | ||||||
26 | start no
later than 6 months after being convicted of |
| |||||||
| |||||||
1 | violating a law or
ordinance regulating the movement of | ||||||
2 | traffic, which violation is related
to the accident, or | ||||||
3 | shall start not more than one year
after
the date of the | ||||||
4 | accident, whichever date occurs later; | ||||||
5 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
6 | driver's
license, identification card, or permit; | ||||||
7 | 6. Has been lawfully convicted of an offense or | ||||||
8 | offenses in another
state, including the authorization | ||||||
9 | contained in Section 6-203.1, which
if committed within | ||||||
10 | this State would be grounds for suspension or revocation; | ||||||
11 | 7. Has refused or failed to submit to an examination | ||||||
12 | provided for by
Section 6-207 or has failed to pass the | ||||||
13 | examination; | ||||||
14 | 8. Is ineligible for a driver's license or permit under | ||||||
15 | the provisions
of Section 6-103; | ||||||
16 | 9. Has made a false statement or knowingly concealed a | ||||||
17 | material fact
or has used false information or | ||||||
18 | identification in any application for a
license, | ||||||
19 | identification card, or permit; | ||||||
20 | 10. Has possessed, displayed, or attempted to | ||||||
21 | fraudulently use any
license, identification card, or | ||||||
22 | permit not issued to the person; | ||||||
23 | 11. Has operated a motor vehicle upon a highway of this | ||||||
24 | State when
the person's driving privilege or privilege to | ||||||
25 | obtain a driver's license
or permit was revoked or | ||||||
26 | suspended unless the operation was authorized by
a |
| |||||||
| |||||||
1 | monitoring device driving permit, judicial driving permit | ||||||
2 | issued prior to January 1, 2009, probationary license to | ||||||
3 | drive, or a restricted
driving permit issued under this | ||||||
4 | Code; | ||||||
5 | 12. Has submitted to any portion of the application | ||||||
6 | process for
another person or has obtained the services of | ||||||
7 | another person to submit to
any portion of the application | ||||||
8 | process for the purpose of obtaining a
license, | ||||||
9 | identification card, or permit for some other person; | ||||||
10 | 13. Has operated a motor vehicle upon a highway of this | ||||||
11 | State when
the person's driver's license or permit was | ||||||
12 | invalid under the provisions of
Sections 6-107.1 and
6-110; | ||||||
13 | 14. Has committed a violation of Section 6-301, | ||||||
14 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
15 | of the Illinois Identification Card
Act; | ||||||
16 | 15. Has been convicted of violating Section 21-2 of the | ||||||
17 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
18 | vehicles in which case, the suspension
shall be for one | ||||||
19 | year; | ||||||
20 | 16. Has been convicted of violating Section 11-204 of | ||||||
21 | this Code relating
to fleeing from a peace officer; | ||||||
22 | 17. Has refused to submit to a test, or tests, as | ||||||
23 | required under Section
11-501.1 of this Code and the person | ||||||
24 | has not sought a hearing as
provided for in Section | ||||||
25 | 11-501.1; | ||||||
26 | 18. Has, since issuance of a driver's license or |
| |||||||
| |||||||
1 | permit, been adjudged
to be afflicted with or suffering | ||||||
2 | from any mental disability or disease; | ||||||
3 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
4 | of Section 6-101
relating to driving without a driver's | ||||||
5 | license; | ||||||
6 | 20. Has been convicted of violating Section 6-104 | ||||||
7 | relating to
classification of driver's license; | ||||||
8 | 21. Has been convicted of violating Section 11-402 of
| ||||||
9 | this Code relating to leaving the scene of an accident | ||||||
10 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
11 | which case the suspension shall be
for one year; | ||||||
12 | 22. Has used a motor vehicle in violating paragraph | ||||||
13 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
14 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
15 | weapons, in which case the suspension shall be for one
| ||||||
16 | year; | ||||||
17 | 23. Has, as a driver, been convicted of committing a | ||||||
18 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
19 | for a second or subsequent
time within one year of a | ||||||
20 | similar violation; | ||||||
21 | 24. Has been convicted by a court-martial or punished | ||||||
22 | by non-judicial
punishment by military authorities of the | ||||||
23 | United States at a military
installation in Illinois of or | ||||||
24 | for a traffic related offense that is the
same as or | ||||||
25 | similar to an offense specified under Section 6-205 or | ||||||
26 | 6-206 of
this Code; |
| |||||||
| |||||||
1 | 25. Has permitted any form of identification to be used | ||||||
2 | by another in
the application process in order to obtain or | ||||||
3 | attempt to obtain a license,
identification card, or | ||||||
4 | permit; | ||||||
5 | 26. Has altered or attempted to alter a license or has | ||||||
6 | possessed an
altered license, identification card, or | ||||||
7 | permit; | ||||||
8 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
9 | of 1934; | ||||||
10 | 28. Has been convicted of the illegal possession, while | ||||||
11 | operating or
in actual physical control, as a driver, of a | ||||||
12 | motor vehicle, of any
controlled substance prohibited | ||||||
13 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
14 | prohibited under the Cannabis Control
Act, or any | ||||||
15 | methamphetamine prohibited under the Methamphetamine | ||||||
16 | Control and Community Protection Act, in which case the | ||||||
17 | person's driving privileges shall be suspended for
one | ||||||
18 | year, and any driver who is convicted of a second or | ||||||
19 | subsequent
offense, within 5 years of a previous | ||||||
20 | conviction, for the illegal
possession, while operating or | ||||||
21 | in actual physical control, as a driver, of
a motor | ||||||
22 | vehicle, of any controlled substance prohibited under the | ||||||
23 | Illinois Controlled Substances Act, any cannabis
| ||||||
24 | prohibited under the Cannabis Control Act, or any | ||||||
25 | methamphetamine prohibited under the Methamphetamine | ||||||
26 | Control and Community Protection Act shall be suspended for |
| |||||||
| |||||||
1 | 5 years.
Any defendant found guilty of this offense while | ||||||
2 | operating a motor vehicle,
shall have an entry made in the | ||||||
3 | court record by the presiding judge that
this offense did | ||||||
4 | occur while the defendant was operating a motor vehicle
and | ||||||
5 | order the clerk of the court to report the violation to the | ||||||
6 | Secretary
of State; | ||||||
7 | 29. Has been convicted of the following offenses that | ||||||
8 | were committed
while the person was operating or in actual | ||||||
9 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
10 | sexual assault,
predatory criminal sexual assault of a | ||||||
11 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
12 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
13 | soliciting for a juvenile prostitute and the manufacture, | ||||||
14 | sale or
delivery of controlled substances or instruments | ||||||
15 | used for illegal drug use
or abuse in which case the | ||||||
16 | driver's driving privileges shall be suspended
for one | ||||||
17 | year; | ||||||
18 | 30. Has been convicted a second or subsequent time for | ||||||
19 | any
combination of the offenses named in paragraph 29 of | ||||||
20 | this subsection,
in which case the person's driving | ||||||
21 | privileges shall be suspended for 5
years; | ||||||
22 | 31. Has refused to submit to a test as
required by | ||||||
23 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
24 | alcohol concentration of 0.08 or more or any amount of a | ||||||
25 | drug, substance, or
compound resulting from the unlawful | ||||||
26 | use or consumption of cannabis as listed
in the Cannabis |
| |||||||
| |||||||
1 | Control Act, a controlled substance as listed in the | ||||||
2 | Illinois
Controlled Substances Act, an intoxicating | ||||||
3 | compound as listed in the Use of
Intoxicating Compounds | ||||||
4 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
5 | Control and Community Protection Act, in which case the | ||||||
6 | penalty shall be
as prescribed in Section 6-208.1; | ||||||
7 | 32. Has been convicted of Section 24-1.2 of the | ||||||
8 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
9 | of a firearm if the offender was
located in a motor vehicle | ||||||
10 | at the time the firearm was discharged, in which
case the | ||||||
11 | suspension shall be for 3 years; | ||||||
12 | 33. Has as a driver, who was less than 21 years of age | ||||||
13 | on the date of
the offense, been convicted a first time of | ||||||
14 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
15 | or a similar provision of a local ordinance; | ||||||
16 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
17 | this Code; | ||||||
18 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
19 | this Code; | ||||||
20 | 36. Is under the age of 21 years at the time of arrest | ||||||
21 | and has been
convicted of not less than 2 offenses against | ||||||
22 | traffic regulations governing
the movement of vehicles | ||||||
23 | committed within any 24 month period. No revocation
or | ||||||
24 | suspension shall be entered more than 6 months after the | ||||||
25 | date of last
conviction; | ||||||
26 | 37. Has committed a violation of subsection (c) of |
| |||||||
| |||||||
1 | Section 11-907 of this
Code that resulted in damage to the | ||||||
2 | property of another or the death or injury of another; | ||||||
3 | 38. Has been convicted of a violation of Section 6-20 | ||||||
4 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
5 | a local ordinance; | ||||||
6 | 39. Has committed a second or subsequent violation of | ||||||
7 | Section
11-1201 of this Code; | ||||||
8 | 40. Has committed a violation of subsection (a-1) of | ||||||
9 | Section 11-908 of
this Code; | ||||||
10 | 41. Has committed a second or subsequent violation of | ||||||
11 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
12 | the previous violation, in which case the suspension shall | ||||||
13 | be for 90 days; | ||||||
14 | 42. Has committed a violation of subsection (a-1) of | ||||||
15 | Section 11-1301.3 of this Code;
| ||||||
16 | 43. Has received a disposition of court supervision for | ||||||
17 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
18 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
19 | a local ordinance, in which case the suspension shall be | ||||||
20 | for a period of 3 months;
| ||||||
21 | 44.
Is under the age of 21 years at the time of arrest | ||||||
22 | and has been convicted of an offense against traffic | ||||||
23 | regulations governing the movement of vehicles after | ||||||
24 | having previously had his or her driving privileges
| ||||||
25 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
26 | Section; or |
| |||||||
| |||||||
1 | 45.
Has, in connection with or during the course of a | ||||||
2 | formal hearing conducted under Section 2-118 of this Code: | ||||||
3 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
4 | falsified documents; (iii) submitted documents that have | ||||||
5 | been materially altered; or (iv) submitted, as his or her | ||||||
6 | own, documents that were in fact prepared or composed for | ||||||
7 | another person.
| ||||||
8 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
9 | and 27 of this
subsection, license means any driver's license, | ||||||
10 | any traffic ticket issued when
the person's driver's license is | ||||||
11 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
12 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
13 | a probationary driver's license or a temporary driver's | ||||||
14 | license. | ||||||
15 | (b) If any conviction forming the basis of a suspension or
| ||||||
16 | revocation authorized under this Section is appealed, the
| ||||||
17 | Secretary of State may rescind or withhold the entry of the | ||||||
18 | order of suspension
or revocation, as the case may be, provided | ||||||
19 | that a certified copy of a stay
order of a court is filed with | ||||||
20 | the Secretary of State. If the conviction is
affirmed on | ||||||
21 | appeal, the date of the conviction shall relate back to the | ||||||
22 | time
the original judgment of conviction was entered and the 6 | ||||||
23 | month limitation
prescribed shall not apply. | ||||||
24 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
25 | permit of
any person as authorized in this Section, the | ||||||
26 | Secretary of State shall
immediately notify the person in |
| |||||||
| |||||||
1 | writing of the revocation or suspension.
The notice to be | ||||||
2 | deposited in the United States mail, postage prepaid,
to the | ||||||
3 | last known address of the person. | ||||||
4 | 2. If the Secretary of State suspends the driver's | ||||||
5 | license
of a person under subsection 2 of paragraph (a) of | ||||||
6 | this Section, a
person's privilege to operate a vehicle as | ||||||
7 | an occupation shall not be
suspended, provided an affidavit | ||||||
8 | is properly completed, the appropriate fee
received, and a | ||||||
9 | permit issued prior to the effective date of the
| ||||||
10 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
11 | which occurred
while operating a commercial vehicle in | ||||||
12 | connection with the driver's
regular occupation. All other | ||||||
13 | driving privileges shall be suspended by the
Secretary of | ||||||
14 | State. Any driver prior to operating a vehicle for
| ||||||
15 | occupational purposes only must submit the affidavit on | ||||||
16 | forms to be
provided by the Secretary of State setting | ||||||
17 | forth the facts of the person's
occupation. The affidavit | ||||||
18 | shall also state the number of offenses
committed while | ||||||
19 | operating a vehicle in connection with the driver's regular
| ||||||
20 | occupation. The affidavit shall be accompanied by the | ||||||
21 | driver's license.
Upon receipt of a properly completed | ||||||
22 | affidavit, the Secretary of State
shall issue the driver a | ||||||
23 | permit to operate a vehicle in connection with the
driver's | ||||||
24 | regular occupation only. Unless the permit is issued by the
| ||||||
25 | Secretary of State prior to the date of suspension, the | ||||||
26 | privilege to drive
any motor vehicle shall be suspended as |
| |||||||
| |||||||
1 | set forth in the notice that was
mailed under this Section. | ||||||
2 | If an affidavit is received subsequent to the
effective | ||||||
3 | date of this suspension, a permit may be issued for the | ||||||
4 | remainder
of the suspension period. | ||||||
5 | The provisions of this subparagraph shall not apply to | ||||||
6 | any driver
required to possess a CDL for the purpose of | ||||||
7 | operating a commercial motor vehicle. | ||||||
8 | Any person who falsely states any fact in the affidavit | ||||||
9 | required
herein shall be guilty of perjury under Section | ||||||
10 | 6-302 and upon conviction
thereof shall have all driving | ||||||
11 | privileges revoked without further rights. | ||||||
12 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
13 | of this Code,
the Secretary of State shall either rescind | ||||||
14 | or continue an order of
revocation or shall substitute an | ||||||
15 | order of suspension; or, good
cause appearing therefor, | ||||||
16 | rescind, continue, change, or extend the
order of | ||||||
17 | suspension. If the Secretary of State does not rescind the | ||||||
18 | order,
the Secretary may upon application,
to relieve undue | ||||||
19 | hardship (as defined by the rules of the Secretary of | ||||||
20 | State), issue
a restricted driving permit granting the | ||||||
21 | privilege of driving a motor
vehicle between the | ||||||
22 | petitioner's residence and petitioner's place of
| ||||||
23 | employment or within the scope of the petitioner's | ||||||
24 | employment related duties, or to
allow the petitioner to | ||||||
25 | transport himself or herself, or a family member of the
| ||||||
26 | petitioner's household to a medical facility, to receive |
| |||||||
| |||||||
1 | necessary medical care, to allow the petitioner to | ||||||
2 | transport himself or herself to and from alcohol or drug
| ||||||
3 | remedial or rehabilitative activity recommended by a | ||||||
4 | licensed service provider, or to allow the petitioner to | ||||||
5 | transport himself or herself or a family member of the | ||||||
6 | petitioner's household to classes, as a student, at an | ||||||
7 | accredited educational institution, or to allow the | ||||||
8 | petitioner to transport children living in the | ||||||
9 | petitioner's household to and from daycare. The
petitioner | ||||||
10 | must demonstrate that no alternative means of
| ||||||
11 | transportation is reasonably available and that the | ||||||
12 | petitioner will not endanger
the public safety or welfare. | ||||||
13 | Those multiple offenders identified in subdivision (b)4 of | ||||||
14 | Section 6-208 of this Code, however, shall not be eligible | ||||||
15 | for the issuance of a restricted driving permit. | ||||||
16 | (A) If a person's license or permit is revoked or | ||||||
17 | suspended due to 2
or more convictions of violating | ||||||
18 | Section 11-501 of this Code or a similar
provision of a | ||||||
19 | local ordinance or a similar out-of-state offense, or | ||||||
20 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
21 | of alcohol or other drugs is recited as an element of | ||||||
22 | the offense, or a similar out-of-state offense, or a | ||||||
23 | combination of these offenses, arising out
of separate | ||||||
24 | occurrences, that person, if issued a restricted | ||||||
25 | driving permit,
may not operate a vehicle unless it has | ||||||
26 | been equipped with an ignition
interlock device as |
| |||||||
| |||||||
1 | defined in Section 1-129.1. | ||||||
2 | (B) If a person's license or permit is revoked or | ||||||
3 | suspended 2 or more
times within a 10 year period due | ||||||
4 | to any combination of: | ||||||
5 | (i) a single conviction of violating Section
| ||||||
6 | 11-501 of this Code or a similar provision of a | ||||||
7 | local ordinance or a similar
out-of-state offense | ||||||
8 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
9 | the use of alcohol or other drugs is recited as an | ||||||
10 | element of the offense, or a similar out-of-state | ||||||
11 | offense; or | ||||||
12 | (ii) a statutory summary suspension under | ||||||
13 | Section
11-501.1; or | ||||||
14 | (iii) a suspension under Section 6-203.1; | ||||||
15 | arising out of
separate occurrences; that person, if | ||||||
16 | issued a restricted driving permit, may
not operate a | ||||||
17 | vehicle unless it has been
equipped with an ignition | ||||||
18 | interlock device as defined in Section 1-129.1. | ||||||
19 | (C)
The person issued a permit conditioned upon the | ||||||
20 | use of an ignition interlock device must pay to the | ||||||
21 | Secretary of State DUI Administration Fund an amount
| ||||||
22 | not to exceed $30 per month. The Secretary shall | ||||||
23 | establish by rule the amount
and the procedures, terms, | ||||||
24 | and conditions relating to these fees. | ||||||
25 | (D) If the
restricted driving permit is issued for | ||||||
26 | employment purposes, then the prohibition against |
| |||||||
| |||||||
1 | operating a motor vehicle that is not equipped with an | ||||||
2 | ignition interlock device does not apply to the | ||||||
3 | operation of an occupational vehicle owned or
leased by | ||||||
4 | that person's employer when used solely for employment | ||||||
5 | purposes. | ||||||
6 | (E) In each case the Secretary may issue a
| ||||||
7 | restricted driving permit for a period deemed | ||||||
8 | appropriate, except that all
permits shall expire | ||||||
9 | within one year from the date of issuance. The | ||||||
10 | Secretary
may not, however, issue a restricted driving | ||||||
11 | permit to any person whose current
revocation is the | ||||||
12 | result of a second or subsequent conviction for a | ||||||
13 | violation
of Section 11-501 of this Code or a similar | ||||||
14 | provision of a local ordinance
or any similar | ||||||
15 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
16 | Code of 1961, where the use of alcohol or other drugs | ||||||
17 | is recited as an element of the offense, or any similar | ||||||
18 | out-of-state offense, or any combination
of those | ||||||
19 | offenses, until the expiration of at least one year | ||||||
20 | from the date of
the revocation. A
restricted driving | ||||||
21 | permit issued under this Section shall be subject to
| ||||||
22 | cancellation, revocation, and suspension by the | ||||||
23 | Secretary of State in like
manner and for like cause as | ||||||
24 | a driver's license issued under this Code may be
| ||||||
25 | cancelled, revoked, or suspended; except that a | ||||||
26 | conviction upon one or more
offenses against laws or |
| |||||||
| |||||||
1 | ordinances regulating the movement of traffic
shall be | ||||||
2 | deemed sufficient cause for the revocation, | ||||||
3 | suspension, or
cancellation of a restricted driving | ||||||
4 | permit. The Secretary of State may, as
a condition to | ||||||
5 | the issuance of a restricted driving permit, require | ||||||
6 | the
applicant to participate in a designated driver | ||||||
7 | remedial or rehabilitative
program. The Secretary of | ||||||
8 | State is authorized to cancel a restricted
driving | ||||||
9 | permit if the permit holder does not successfully | ||||||
10 | complete the program. | ||||||
11 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
12 | subsection (a), reports received by the Secretary of State | ||||||
13 | under this Section shall, except during the actual time the | ||||||
14 | suspension is in effect, be privileged information and for use | ||||||
15 | only by the courts, police officers, prosecuting authorities, | ||||||
16 | the driver licensing administrator of any other state, the | ||||||
17 | Secretary of State, or the parent or legal guardian of a driver | ||||||
18 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
19 | person is a CDL holder, the suspension shall also be made | ||||||
20 | available to the driver licensing administrator of any other | ||||||
21 | state, the U.S. Department of Transportation, and the affected | ||||||
22 | driver or motor
carrier or prospective motor carrier upon | ||||||
23 | request.
| ||||||
24 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
25 | subsection (a), the Secretary of State shall notify the person | ||||||
26 | by mail that his or her driving privileges and driver's license |
| |||||||
| |||||||
1 | will be suspended one month after the date of the mailing of | ||||||
2 | the notice.
| ||||||
3 | (c-5) The Secretary of State may, as a condition of the | ||||||
4 | reissuance of a
driver's license or permit to an applicant | ||||||
5 | whose driver's license or permit has
been suspended before he | ||||||
6 | or she reached the age of 21 years pursuant to any of
the | ||||||
7 | provisions of this Section, require the applicant to | ||||||
8 | participate in a
driver remedial education course and be | ||||||
9 | retested under Section 6-109 of this
Code. | ||||||
10 | (d) This Section is subject to the provisions of the | ||||||
11 | Drivers License
Compact. | ||||||
12 | (e) The Secretary of State shall not issue a restricted | ||||||
13 | driving permit to
a person under the age of 16 years whose | ||||||
14 | driving privileges have been suspended
or revoked under any | ||||||
15 | provisions of this Code. | ||||||
16 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
17 | State may not issue a restricted driving permit for the | ||||||
18 | operation of a commercial motor vehicle to a person holding a | ||||||
19 | CDL whose driving privileges have been suspended, revoked, | ||||||
20 | cancelled, or disqualified under any provisions of this Code. | ||||||
21 | (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382, | ||||||
22 | eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848, | ||||||
23 | eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328, | ||||||
24 | eff. 8-11-09; 96-607, eff. 8-24-09.)
|