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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, 6-206, and 6-208 as follows:
| |||||||||||||||||||||||
6 | (625 ILCS 5/6-205)
| |||||||||||||||||||||||
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:
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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;
|
| |||||||
| |||||||
1 | 4. Violation of Section 11-401 of this Code relating to | ||||||
2 | the offense of
leaving the scene of a traffic accident | ||||||
3 | involving death or personal injury;
| ||||||
4 | 5. Perjury or the making of a false affidavit or | ||||||
5 | statement under
oath to the Secretary of State under this | ||||||
6 | Code or under any
other law relating to the ownership or | ||||||
7 | operation of motor vehicles;
| ||||||
8 | 6. Conviction upon 3 charges of violation of Section | ||||||
9 | 11-503 of this
Code relating to the offense of reckless | ||||||
10 | driving committed within a
period of 12 months;
| ||||||
11 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
12 | of this Code;
| ||||||
13 | 8. Violation of Section 11-504 of this Code relating to | ||||||
14 | the offense
of drag racing;
| ||||||
15 | 9. Violation of Chapters 8 and 9 of this Code;
| ||||||
16 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
18 | motor vehicle;
| ||||||
19 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
20 | to aggravated
fleeing or attempting to elude a peace | ||||||
21 | officer;
| ||||||
22 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
23 | Section 6-507,
or a similar law of any other state, | ||||||
24 | relating to the
unlawful operation of a commercial motor | ||||||
25 | vehicle;
| ||||||
26 | 13. Violation of paragraph (a) of Section 11-502 of |
| |||||||
| |||||||
1 | this Code or a
similar provision of a local ordinance if | ||||||
2 | the driver has been previously
convicted of a violation of | ||||||
3 | that Section or a similar provision of a local
ordinance | ||||||
4 | and the driver was less than 21 years of age at the time of | ||||||
5 | the
offense;
| ||||||
6 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
7 | this Code or a similar provision of a local ordinance | ||||||
8 | relating to the offense of street racing;
| ||||||
9 | 15. A second or subsequent conviction of driving while | ||||||
10 | the person's driver's license, permit or privileges was | ||||||
11 | revoked for reckless homicide or a similar out-of-state | ||||||
12 | offense; | ||||||
13 | 16. Any offense against any provision in this Code, or | ||||||
14 | any local ordinance, regulating the
movement of traffic | ||||||
15 | when that offense was the proximate cause of the death of | ||||||
16 | any person. Any person whose driving privileges have been | ||||||
17 | revoked pursuant to this paragraph may seek to have the | ||||||
18 | revocation terminated or to have the length of revocation | ||||||
19 | reduced by requesting an administrative hearing with the | ||||||
20 | Secretary of State prior to the projected driver's license | ||||||
21 | application eligibility date; | ||||||
22 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
23 | of this Code or a similar provision of a local ordinance; | ||||||
24 | 18. A second or subsequent conviction of illegal | ||||||
25 | possession, while operating or in actual physical control, | ||||||
26 | as a driver, of a motor vehicle, of any controlled |
| |||||||
| |||||||
1 | substance prohibited under the Illinois Controlled | ||||||
2 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
3 | Control Act, or any methamphetamine prohibited under the | ||||||
4 | Methamphetamine Control and Community Protection Act. A | ||||||
5 | defendant found guilty of this offense while operating a | ||||||
6 | motor vehicle
shall have an entry made in the court record | ||||||
7 | by the presiding judge that
this offense did occur while | ||||||
8 | the defendant was operating a motor vehicle
and order the | ||||||
9 | clerk of the court to report the violation to the Secretary
| ||||||
10 | of State. | ||||||
11 | (b) The Secretary of State shall also immediately revoke | ||||||
12 | the license
or permit of any driver in the following | ||||||
13 | situations:
| ||||||
14 | 1. Of any minor upon receiving the notice provided for | ||||||
15 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
16 | minor has been
adjudicated under that Act as having | ||||||
17 | committed an offense relating to
motor vehicles prescribed | ||||||
18 | in Section 4-103 of this Code;
| ||||||
19 | 2. Of any person when any other law of this State | ||||||
20 | requires either the
revocation or suspension of a license | ||||||
21 | or permit;
| ||||||
22 | 3. Of any person adjudicated under the Juvenile Court | ||||||
23 | Act of 1987 based on an offense determined to have been | ||||||
24 | committed in furtherance of the criminal activities of an | ||||||
25 | organized gang as provided in Section 5-710 of that Act, | ||||||
26 | and that involved the operation or use of a motor vehicle |
| |||||||
| |||||||
1 | or the use of a driver's license or permit. The revocation | ||||||
2 | shall remain in effect for the period determined by the | ||||||
3 | court. | ||||||
4 | (c)(1) Whenever a person is convicted of any of the | ||||||
5 | offenses enumerated in
this Section, the court may recommend | ||||||
6 | and the Secretary of State in his
discretion, without regard to | ||||||
7 | whether the recommendation is made by the
court may, upon | ||||||
8 | application,
issue to the person a
restricted driving permit | ||||||
9 | granting the privilege of driving a motor
vehicle between the | ||||||
10 | petitioner's residence and petitioner's place
of employment or | ||||||
11 | within the scope of the petitioner's employment related
duties, | ||||||
12 | or to allow the petitioner to transport himself or herself or a | ||||||
13 | family member
of the petitioner's household to a medical | ||||||
14 | facility for the receipt of necessary medical care or to allow | ||||||
15 | the
petitioner to transport himself or herself to and from | ||||||
16 | alcohol or drug remedial or rehabilitative activity | ||||||
17 | recommended by a licensed service provider, or to allow the
| ||||||
18 | petitioner to transport himself or herself or a family member | ||||||
19 | of the petitioner's household to classes, as a student, at an | ||||||
20 | accredited educational
institution, or to allow the petitioner | ||||||
21 | to transport children, elderly persons, or persons with | ||||||
22 | disabilities who do not hold driving privileges and are living | ||||||
23 | in the petitioner's household to and from daycare; if the | ||||||
24 | petitioner is able to demonstrate that no alternative means
of | ||||||
25 | transportation is reasonably available and that the petitioner | ||||||
26 | will not endanger
the public safety or welfare; provided that |
| |||||||
| |||||||
1 | the Secretary's discretion shall be
limited to cases where | ||||||
2 | undue hardship, as defined by the rules of the Secretary of | ||||||
3 | State, would result from a failure to issue the
restricted | ||||||
4 | driving permit.
| ||||||
5 | (1.5) A person subject to the provisions of paragraph 4 | ||||||
6 | of subsection (b) of Section 6-208 of this Code may make | ||||||
7 | application for a restricted driving permit at a hearing | ||||||
8 | conducted under Section 2-118 of this Code after the | ||||||
9 | expiration of 5 years from the effective date of the most | ||||||
10 | recent revocation, or after 5 years from the date of | ||||||
11 | release from a period of imprisonment resulting from a | ||||||
12 | conviction of the most recent offense, whichever is later, | ||||||
13 | provided the person, in addition to all other requirements | ||||||
14 | of the Secretary, shows by clear and convincing evidence: | ||||||
15 | (A) a minimum of 3 years of uninterrupted | ||||||
16 | abstinence from alcohol and the unlawful use or | ||||||
17 | consumption of cannabis under the Cannabis Control | ||||||
18 | Act, a controlled substance under the Illinois | ||||||
19 | Controlled Substances Act, an intoxicating compound | ||||||
20 | under the Use of Intoxicating Compounds Act, or | ||||||
21 | methamphetamine under the Methamphetamine Control and | ||||||
22 | Community Protection Act; and | ||||||
23 | (B) the successful completion of any | ||||||
24 | rehabilitative treatment and involvement in any | ||||||
25 | ongoing rehabilitative activity that may be | ||||||
26 | recommended by a properly licensed service provider |
| |||||||
| |||||||
1 | according to an assessment of the person's alcohol or | ||||||
2 | drug use under Section 11-501.01 of this Code. | ||||||
3 | In determining whether an applicant is eligible for a | ||||||
4 | restricted driving permit under this paragraph (1.5), the | ||||||
5 | Secretary may consider any relevant evidence, including, | ||||||
6 | but not limited to, testimony, affidavits, records, and the | ||||||
7 | results of regular alcohol or drug tests. Persons subject | ||||||
8 | to the provisions of paragraph 4 of subsection (b) of | ||||||
9 | Section 6-208 of this Code and who have been convicted of | ||||||
10 | more than one violation of paragraph (3), paragraph (4), or | ||||||
11 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
12 | Code shall not be eligible to apply for a restricted | ||||||
13 | driving permit. | ||||||
14 | A restricted driving permit issued under this | ||||||
15 | paragraph (1.5) shall provide that the holder may only | ||||||
16 | operate motor vehicles equipped with an ignition interlock | ||||||
17 | device as required under paragraph (2) of subsection (c) of | ||||||
18 | this Section and subparagraph (A) of paragraph 3 of | ||||||
19 | subsection (c) of Section 6-206 of this Code. The Secretary | ||||||
20 | may revoke a restricted driving permit or amend the | ||||||
21 | conditions of a restricted driving permit issued under this | ||||||
22 | paragraph (1.5) if the holder operates a vehicle that is | ||||||
23 | not equipped with an ignition interlock device, or for any | ||||||
24 | other reason authorized under this Code. | ||||||
25 | A restricted driving permit issued under this | ||||||
26 | paragraph (1.5) shall be revoked, and the holder barred |
| |||||||
| |||||||
1 | from applying for or being issued a restricted driving | ||||||
2 | permit in the future, if the holder is subsequently | ||||||
3 | convicted of a violation of Section 11-501 of this Code, a | ||||||
4 | similar provision of a local ordinance, or a similar | ||||||
5 | offense in another state. | ||||||
6 | (2) If a person's license or permit is revoked or | ||||||
7 | suspended due to 2 or
more convictions of violating Section | ||||||
8 | 11-501 of this Code or a similar
provision of a local | ||||||
9 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
11 | where the use of alcohol or other drugs is recited as an | ||||||
12 | element of the offense, or a similar out-of-state offense, | ||||||
13 | or a combination of these offenses, arising out
of separate | ||||||
14 | occurrences, that person, if issued a restricted driving | ||||||
15 | permit,
may not operate a vehicle unless it has been | ||||||
16 | equipped with an ignition
interlock device as defined in | ||||||
17 | Section 1-129.1.
| ||||||
18 | (3) If:
| ||||||
19 | (A) a person's license or permit is revoked or | ||||||
20 | suspended 2 or more
times due to any combination of: | ||||||
21 | (i)
a single conviction of violating Section
| ||||||
22 | 11-501 of this Code or a similar provision of a | ||||||
23 | local ordinance or a similar
out-of-state offense, | ||||||
24 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012, where the use of alcohol or | ||||||
26 | other drugs is recited as an element of the |
| |||||||
| |||||||
1 | offense, or a similar out-of-state offense; or | ||||||
2 | (ii)
a statutory summary suspension or | ||||||
3 | revocation under Section
11-501.1; or | ||||||
4 | (iii)
a suspension pursuant to Section | ||||||
5 | 6-203.1;
| ||||||
6 | arising out of
separate occurrences; or | ||||||
7 | (B)
a person has been convicted of one violation of | ||||||
8 | subparagraph (C) or (F) of paragraph (1) of subsection | ||||||
9 | (d) of Section 11-501 of this Code, Section 9-3 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
11 | relating to the offense of reckless homicide where the | ||||||
12 | use of alcohol or other drugs was recited as an element | ||||||
13 | of the offense, or a similar provision of a law of | ||||||
14 | another state;
| ||||||
15 | that person, if issued a restricted
driving permit, may not | ||||||
16 | operate a vehicle unless it has been equipped with an
| ||||||
17 | ignition interlock device as defined in Section 1-129.1. | ||||||
18 | (4)
The person issued a permit conditioned on the use | ||||||
19 | of an ignition interlock device must pay to the Secretary | ||||||
20 | of State DUI Administration Fund an amount
not to exceed | ||||||
21 | $30 per month. The Secretary shall establish by rule the | ||||||
22 | amount
and the procedures, terms, and conditions relating | ||||||
23 | to these fees. | ||||||
24 | (5)
If the restricted driving permit is issued for | ||||||
25 | employment purposes, then
the prohibition against | ||||||
26 | operating a motor vehicle that is not equipped with an |
| |||||||
| |||||||
1 | ignition interlock device does not apply to the operation | ||||||
2 | of an occupational vehicle
owned or leased by that person's | ||||||
3 | employer when used solely for employment purposes. For any | ||||||
4 | person who, within a 5-year period, is convicted of a | ||||||
5 | second or subsequent offense under Section 11-501 of this | ||||||
6 | Code, or a similar provision of a local ordinance or | ||||||
7 | similar out-of-state offense, this employment exemption | ||||||
8 | does not apply until either a one-year period has elapsed | ||||||
9 | during which that person had his or her driving privileges | ||||||
10 | revoked or a one-year period has elapsed during which that | ||||||
11 | person had a restricted driving permit which required the | ||||||
12 | use of an ignition interlock device on every motor vehicle | ||||||
13 | owned or operated by that person. | ||||||
14 | (6)
In each case the Secretary of State may issue a
| ||||||
15 | restricted driving permit for a period he deems | ||||||
16 | appropriate, except that the
permit shall expire within one | ||||||
17 | year from the date of issuance. A restricted
driving permit | ||||||
18 | issued under this Section shall be
subject to cancellation, | ||||||
19 | revocation, and suspension by the Secretary of
State in | ||||||
20 | like manner and for like cause as a driver's license issued
| ||||||
21 | under this Code may be cancelled, revoked, or
suspended; | ||||||
22 | except that a conviction upon one or more offenses against | ||||||
23 | laws or
ordinances regulating the movement of traffic shall | ||||||
24 | be deemed sufficient cause
for the revocation, suspension, | ||||||
25 | or cancellation of a restricted driving permit.
The | ||||||
26 | Secretary of State shall may , as a condition to the |
| |||||||
| |||||||
1 | issuance of a restricted
driving permit, require the | ||||||
2 | petitioner to participate in a behavioral-based driver | ||||||
3 | retraining program designated driver
remedial or | ||||||
4 | rehabilitative program . The Secretary of State is | ||||||
5 | authorized to
cancel a restricted driving permit if the | ||||||
6 | permit holder does not successfully
complete the program. | ||||||
7 | However, if an individual's driving privileges have been
| ||||||
8 | revoked in accordance with paragraph 13 of subsection (a) | ||||||
9 | of this Section, no
restricted driving permit shall be | ||||||
10 | issued until the individual has served 6
months of the | ||||||
11 | revocation period.
| ||||||
12 | (c-5) (Blank).
| ||||||
13 | (c-6) If a person is convicted of a second violation of | ||||||
14 | operating a motor vehicle while the person's driver's license, | ||||||
15 | permit or privilege was revoked, where the revocation was for a | ||||||
16 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012 relating to the offense of reckless | ||||||
18 | homicide or a similar out-of-state offense, the person's | ||||||
19 | driving privileges shall be revoked pursuant to subdivision | ||||||
20 | (a)(15) of this Section. The person may not make application | ||||||
21 | for a license or permit until the expiration of five years from | ||||||
22 | the effective date of the revocation or the expiration of five | ||||||
23 | years from the date of release from a term of imprisonment, | ||||||
24 | whichever is later. | ||||||
25 | (c-7) If a person is convicted of a third or subsequent | ||||||
26 | violation of operating a motor vehicle while the person's |
| |||||||
| |||||||
1 | driver's license, permit or privilege was revoked, where the | ||||||
2 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
4 | offense of reckless homicide or a similar out-of-state offense, | ||||||
5 | the person may never apply for a license or permit. | ||||||
6 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
7 | under Section
11-501 of this Code or a similar provision of a | ||||||
8 | local ordinance or a similar out-of-state offense, the
| ||||||
9 | Secretary of State shall revoke the driving privileges of that | ||||||
10 | person. One
year after the date of revocation, and upon | ||||||
11 | application, the Secretary of
State may, if satisfied that the | ||||||
12 | person applying will not endanger the
public safety or welfare, | ||||||
13 | issue a restricted driving permit granting the
privilege of | ||||||
14 | driving a motor vehicle only between the hours of 5 a.m. and 9
| ||||||
15 | p.m. or as otherwise provided by this Section for a period of | ||||||
16 | one year.
After this one-year period, and upon reapplication | ||||||
17 | for a license as
provided in Section 6-106, upon payment of the | ||||||
18 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
19 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
20 | reinstate the petitioner's driver's license and driving | ||||||
21 | privileges, or extend the restricted driving permit as many | ||||||
22 | times as the
Secretary of State deems appropriate, by | ||||||
23 | additional periods of not more than
12 months each.
| ||||||
24 | (2) If a person's license or permit is revoked or | ||||||
25 | suspended due to 2 or
more convictions of violating Section | ||||||
26 | 11-501 of this Code or a similar
provision of a local |
| |||||||
| |||||||
1 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
2 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
3 | where the use of alcohol or other drugs is recited as an | ||||||
4 | element of the offense, or a similar out-of-state offense, | ||||||
5 | or a combination of these offenses, arising out
of separate | ||||||
6 | occurrences, that person, if issued a restricted driving | ||||||
7 | permit,
may not operate a vehicle unless it has been | ||||||
8 | equipped with an ignition
interlock device as defined in | ||||||
9 | Section 1-129.1.
| ||||||
10 | (3) If a person's license or permit is revoked or | ||||||
11 | suspended 2 or more times
due to any combination of: | ||||||
12 | (A) a single conviction of violating Section | ||||||
13 | 11-501
of this
Code or a similar provision of a local | ||||||
14 | ordinance or a similar out-of-state
offense, or | ||||||
15 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012, where the use of alcohol or | ||||||
17 | other drugs is recited as an element of the offense, or | ||||||
18 | a similar out-of-state offense; or | ||||||
19 | (B)
a statutory summary suspension or revocation | ||||||
20 | under Section 11-501.1; or | ||||||
21 | (C) a suspension pursuant to Section 6-203.1; | ||||||
22 | arising out of separate occurrences, that person, if issued | ||||||
23 | a
restricted
driving permit, may not operate a vehicle | ||||||
24 | unless it has been equipped with an
ignition interlock | ||||||
25 | device as defined in Section 1-129.1. | ||||||
26 | (3.5) If a person's license or permit is revoked or |
| |||||||
| |||||||
1 | suspended due to a conviction for a violation of | ||||||
2 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
3 | of Section 11-501 of this Code, or a similar provision of a | ||||||
4 | local ordinance or similar out-of-state offense, 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 | (4)
The person issued a permit conditioned upon the use | ||||||
9 | of an interlock device must pay to the Secretary of State | ||||||
10 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
11 | month. The Secretary shall establish by rule the amount
and | ||||||
12 | the procedures, terms, and conditions relating to these | ||||||
13 | fees. | ||||||
14 | (5)
If the restricted driving permit is issued for | ||||||
15 | employment purposes, then
the prohibition against driving | ||||||
16 | a vehicle that is not equipped with an ignition interlock | ||||||
17 | device does not apply to the operation of an occupational | ||||||
18 | vehicle
owned or leased by that person's employer when used | ||||||
19 | solely for employment purposes. For any person who, within | ||||||
20 | a 5-year period, is convicted of a second or subsequent | ||||||
21 | offense under Section 11-501 of this Code, or a similar | ||||||
22 | provision of a local ordinance or similar out-of-state | ||||||
23 | offense, this employment exemption does not apply until | ||||||
24 | either a one-year period has elapsed during which that | ||||||
25 | person had his or her driving privileges revoked or a | ||||||
26 | one-year period has elapsed during which that person had a |
| |||||||
| |||||||
1 | restricted driving permit which required the use of an | ||||||
2 | ignition interlock device on every motor vehicle owned or | ||||||
3 | operated by that person. | ||||||
4 | (6) A
restricted driving permit issued under this | ||||||
5 | Section shall be subject to
cancellation, revocation, and | ||||||
6 | suspension by the Secretary of State in like
manner and for | ||||||
7 | like cause as a driver's license issued under this Code may | ||||||
8 | be
cancelled, revoked, or suspended; except that a | ||||||
9 | conviction upon one or more
offenses against laws or | ||||||
10 | ordinances regulating the movement of traffic
shall be | ||||||
11 | deemed sufficient cause for the revocation, suspension, or
| ||||||
12 | cancellation of a restricted driving permit.
| ||||||
13 | (d-5) The revocation of the license, permit, or driving | ||||||
14 | privileges of a person convicted of a third or subsequent | ||||||
15 | violation of Section 6-303 of this Code committed while his or | ||||||
16 | her driver's license, permit, or privilege was revoked because | ||||||
17 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
18 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
19 | homicide, or a similar provision of a law of another state, is | ||||||
20 | permanent. The Secretary may not, at any time, issue a license | ||||||
21 | or permit to that person.
| ||||||
22 | (e) This Section is subject to the provisions of the Driver | ||||||
23 | License
Compact.
| ||||||
24 | (f) Any revocation imposed upon any person under | ||||||
25 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
26 | December 31, 1988 shall be
converted to a suspension for a like |
| |||||||
| |||||||
1 | period of time.
| ||||||
2 | (g) The Secretary of State shall not issue a restricted | ||||||
3 | driving permit to
a person under the age of 16 years whose | ||||||
4 | driving privileges have been revoked
under any provisions of | ||||||
5 | this Code.
| ||||||
6 | (h) The Secretary of State shall require the use of | ||||||
7 | ignition interlock
devices for a period not less than 5 years | ||||||
8 | on all vehicles owned by a person who has been convicted of a
| ||||||
9 | second or subsequent offense under Section 11-501 of this Code | ||||||
10 | or a similar
provision of a local ordinance. The person must | ||||||
11 | pay to the Secretary of State DUI Administration Fund an amount | ||||||
12 | not to exceed $30 for each month that he or she uses the | ||||||
13 | device. The Secretary shall establish by rule and
regulation | ||||||
14 | the procedures for certification and use of the interlock
| ||||||
15 | system, the amount of the fee, and the procedures, terms, and | ||||||
16 | conditions relating to these fees. During the time period in | ||||||
17 | which a person is required to install an ignition interlock | ||||||
18 | device under this subsection (h), that person shall only | ||||||
19 | operate vehicles in which ignition interlock devices have been | ||||||
20 | installed, except as allowed by subdivision (c)(5) or (d)(5) of | ||||||
21 | this Section.
| ||||||
22 | (i) (Blank).
| ||||||
23 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
24 | State may not issue a restricted driving permit for the | ||||||
25 | operation of a commercial motor vehicle to a person holding a | ||||||
26 | CDL whose driving privileges have been revoked, suspended, |
| |||||||
| |||||||
1 | cancelled, or disqualified under any provisions of this Code.
| ||||||
2 | (k) The Secretary of State shall notify by mail any person | ||||||
3 | whose driving privileges have been revoked under paragraph 16 | ||||||
4 | of subsection (a) of this Section that his or her driving | ||||||
5 | privileges and driver's license will be revoked 90 days from | ||||||
6 | the date of the mailing of the notice. | ||||||
7 | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; | ||||||
8 | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; | ||||||
9 | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. | ||||||
10 | 7-28-16.)
| ||||||
11 | (625 ILCS 5/6-206)
| ||||||
12 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
13 | license or
permit; right to a hearing.
| ||||||
14 | (a) The Secretary of State is authorized to suspend or | ||||||
15 | revoke the
driving privileges of any person without preliminary | ||||||
16 | hearing upon a showing
of the person's records or other | ||||||
17 | sufficient evidence that
the person:
| ||||||
18 | 1. Has committed an offense for which mandatory | ||||||
19 | revocation of
a driver's license or permit is required upon | ||||||
20 | conviction;
| ||||||
21 | 2. Has been convicted of not less than 3 offenses | ||||||
22 | against traffic
regulations governing the movement of | ||||||
23 | vehicles committed within any 12
month period. No | ||||||
24 | revocation or suspension shall be entered more than
6 | ||||||
25 | months after the date of last conviction;
|
| |||||||
| |||||||
1 | 3. Has been repeatedly involved as a driver in motor | ||||||
2 | vehicle
collisions or has been repeatedly convicted of | ||||||
3 | offenses against laws and
ordinances regulating the | ||||||
4 | movement of traffic, to a degree that
indicates lack of | ||||||
5 | ability to exercise ordinary and reasonable care in
the | ||||||
6 | safe operation of a motor vehicle or disrespect for the | ||||||
7 | traffic laws
and the safety of other persons upon the | ||||||
8 | highway;
| ||||||
9 | 4. Has by the unlawful operation of a motor vehicle | ||||||
10 | caused or
contributed to an accident resulting in injury | ||||||
11 | requiring
immediate professional treatment in a medical | ||||||
12 | facility or doctor's office
to any person, except that any | ||||||
13 | suspension or revocation imposed by the
Secretary of State | ||||||
14 | under the provisions of this subsection shall start no
| ||||||
15 | later than 6 months after being convicted of violating a | ||||||
16 | law or
ordinance regulating the movement of traffic, which | ||||||
17 | violation is related
to the accident, or shall start not | ||||||
18 | more than one year
after
the date of the accident, | ||||||
19 | whichever date occurs later;
| ||||||
20 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
21 | driver's
license, identification card, or permit;
| ||||||
22 | 6. Has been lawfully convicted of an offense or | ||||||
23 | offenses in another
state, including the authorization | ||||||
24 | contained in Section 6-203.1, which
if committed within | ||||||
25 | this State would be grounds for suspension or revocation;
| ||||||
26 | 7. Has refused or failed to submit to an examination |
| |||||||
| |||||||
1 | provided for by
Section 6-207 or has failed to pass the | ||||||
2 | examination;
| ||||||
3 | 8. Is ineligible for a driver's license or permit under | ||||||
4 | the provisions
of Section 6-103;
| ||||||
5 | 9. Has made a false statement or knowingly concealed a | ||||||
6 | material fact
or has used false information or | ||||||
7 | identification in any application for a
license, | ||||||
8 | identification card, or permit;
| ||||||
9 | 10. Has possessed, displayed, or attempted to | ||||||
10 | fraudulently use any
license, identification card, or | ||||||
11 | permit not issued to the person;
| ||||||
12 | 11. Has operated a motor vehicle upon a highway of this | ||||||
13 | State when
the person's driving privilege or privilege to | ||||||
14 | obtain a driver's license
or permit was revoked or | ||||||
15 | suspended unless the operation was authorized by
a | ||||||
16 | monitoring device driving permit, judicial driving permit | ||||||
17 | issued prior to January 1, 2009, probationary license to | ||||||
18 | drive, or a restricted
driving permit issued under this | ||||||
19 | Code;
| ||||||
20 | 12. Has submitted to any portion of the application | ||||||
21 | process for
another person or has obtained the services of | ||||||
22 | another person to submit to
any portion of the application | ||||||
23 | process for the purpose of obtaining a
license, | ||||||
24 | identification card, or permit for some other person;
| ||||||
25 | 13. Has operated a motor vehicle upon a highway of this | ||||||
26 | State when
the person's driver's license or permit was |
| |||||||
| |||||||
1 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
2 | 14. Has committed a violation of Section 6-301, | ||||||
3 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
4 | 14B of the Illinois Identification Card
Act;
| ||||||
5 | 15. Has been convicted of violating Section 21-2 of the | ||||||
6 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
7 | to criminal trespass to vehicles in which case, the | ||||||
8 | suspension
shall be for one year;
| ||||||
9 | 16. Has been convicted of violating Section 11-204 of | ||||||
10 | this Code relating
to fleeing from a peace officer;
| ||||||
11 | 17. Has refused to submit to a test, or tests, as | ||||||
12 | required under Section
11-501.1 of this Code and the person | ||||||
13 | has not sought a hearing as
provided for in Section | ||||||
14 | 11-501.1;
| ||||||
15 | 18. Has, since issuance of a driver's license or | ||||||
16 | permit, been adjudged
to be afflicted with or suffering | ||||||
17 | from any mental disability or disease;
| ||||||
18 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
19 | of Section 6-101
relating to driving without a driver's | ||||||
20 | license;
| ||||||
21 | 20. Has been convicted of violating Section 6-104 | ||||||
22 | relating to
classification of driver's license;
| ||||||
23 | 21. Has been convicted of violating Section 11-402 of
| ||||||
24 | this Code relating to leaving the scene of an accident | ||||||
25 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
26 | which case the suspension shall be
for one year;
|
| |||||||
| |||||||
1 | 22. Has used a motor vehicle in violating paragraph | ||||||
2 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
3 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
4 | relating
to unlawful use of weapons, in which case the | ||||||
5 | suspension shall be for one
year;
| ||||||
6 | 23. Has, as a driver, been convicted of committing a | ||||||
7 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
8 | for a second or subsequent
time within one year of a | ||||||
9 | similar violation;
| ||||||
10 | 24. Has been convicted by a court-martial or punished | ||||||
11 | by non-judicial
punishment by military authorities of the | ||||||
12 | United States at a military
installation in Illinois or in | ||||||
13 | another state of or for a traffic related offense that is | ||||||
14 | the
same as or similar to an offense specified under | ||||||
15 | Section 6-205 or 6-206 of
this Code;
| ||||||
16 | 25. Has permitted any form of identification to be used | ||||||
17 | by another in
the application process in order to obtain or | ||||||
18 | attempt to obtain a license,
identification card, or | ||||||
19 | permit;
| ||||||
20 | 26. Has altered or attempted to alter a license or has | ||||||
21 | possessed an
altered license, identification card, or | ||||||
22 | permit;
| ||||||
23 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
24 | of 1934;
| ||||||
25 | 28. Has been convicted for a first time of the illegal | ||||||
26 | possession, while operating or
in actual physical control, |
| |||||||
| |||||||
1 | as a driver, of a motor vehicle, of any
controlled | ||||||
2 | substance prohibited under the Illinois Controlled | ||||||
3 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
4 | Control
Act, or any methamphetamine prohibited under the | ||||||
5 | Methamphetamine Control and Community Protection Act, in | ||||||
6 | which case the person's driving privileges shall be | ||||||
7 | suspended for
one year.
Any defendant found guilty of this | ||||||
8 | offense while operating a motor vehicle,
shall have an | ||||||
9 | entry made in the court record by the presiding judge that
| ||||||
10 | this offense did occur while the defendant was operating a | ||||||
11 | motor vehicle
and order the clerk of the court to report | ||||||
12 | the violation to the Secretary
of State;
| ||||||
13 | 29. Has been convicted of the following offenses that | ||||||
14 | were committed
while the person was operating or in actual | ||||||
15 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
16 | sexual assault,
predatory criminal sexual assault of a | ||||||
17 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
18 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
19 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
20 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
21 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
22 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
23 | delivery of controlled substances or instruments used for | ||||||
24 | illegal drug use
or abuse in which case the driver's | ||||||
25 | driving privileges shall be suspended
for one year;
| ||||||
26 | 30. Has been convicted a second or subsequent time for |
| |||||||
| |||||||
1 | any
combination of the offenses named in paragraph 29 of | ||||||
2 | this subsection,
in which case the person's driving | ||||||
3 | privileges shall be suspended for 5
years;
| ||||||
4 | 31. Has refused to submit to a test as
required by | ||||||
5 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
6 | Registration and Safety Act or has submitted to a test | ||||||
7 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
8 | any amount of a drug, substance, or
compound resulting from | ||||||
9 | the unlawful use or consumption of cannabis as listed
in | ||||||
10 | the Cannabis Control Act, a controlled substance as listed | ||||||
11 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
12 | compound as listed in the Use of
Intoxicating Compounds | ||||||
13 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
14 | Control and Community Protection Act, in which case the | ||||||
15 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
16 | 32. Has been convicted of Section 24-1.2 of the | ||||||
17 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
18 | to the aggravated discharge of a firearm if the offender | ||||||
19 | was
located in a motor vehicle at the time the firearm was | ||||||
20 | discharged, in which
case the suspension shall be for 3 | ||||||
21 | years;
| ||||||
22 | 33. Has as a driver, who was less than 21 years of age | ||||||
23 | on the date of
the offense, been convicted a first time of | ||||||
24 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
25 | or a similar provision of a local ordinance;
| ||||||
26 | 34. Has committed a violation of Section 11-1301.5 of |
| |||||||
| |||||||
1 | this Code or a similar provision of a local ordinance;
| ||||||
2 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
3 | this Code or a similar provision of a local ordinance;
| ||||||
4 | 36. Is under the age of 21 years at the time of arrest | ||||||
5 | and has been
convicted of not less than 2 offenses against | ||||||
6 | traffic regulations governing
the movement of vehicles | ||||||
7 | committed within any 24 month period. No revocation
or | ||||||
8 | suspension shall be entered more than 6 months after the | ||||||
9 | date of last
conviction;
| ||||||
10 | 37. Has committed a violation of subsection (c) of | ||||||
11 | Section 11-907 of this
Code that resulted in damage to the | ||||||
12 | property of another or the death or injury of another;
| ||||||
13 | 38. Has been convicted of a violation of Section 6-20 | ||||||
14 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
15 | a local ordinance;
| ||||||
16 | 39. Has committed a second or subsequent violation of | ||||||
17 | Section
11-1201 of this Code;
| ||||||
18 | 40. Has committed a violation of subsection (a-1) of | ||||||
19 | Section 11-908 of
this Code; | ||||||
20 | 41. Has committed a second or subsequent violation of | ||||||
21 | Section 11-605.1 of this Code, a similar provision of a | ||||||
22 | local ordinance, or a similar violation in any other state | ||||||
23 | within 2 years of the date of the previous violation, in | ||||||
24 | which case the suspension shall be for 90 days; | ||||||
25 | 42. Has committed a violation of subsection (a-1) of | ||||||
26 | Section 11-1301.3 of this Code or a similar provision of a |
| |||||||
| |||||||
1 | local ordinance;
| ||||||
2 | 43. Has received a disposition of court supervision for | ||||||
3 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
4 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
5 | a local ordinance, in which case the suspension shall be | ||||||
6 | for a period of 3 months;
| ||||||
7 | 44.
Is under the age of 21 years at the time of arrest | ||||||
8 | and has been convicted of an offense against traffic | ||||||
9 | regulations governing the movement of vehicles after | ||||||
10 | having previously had his or her driving privileges
| ||||||
11 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
12 | Section; | ||||||
13 | 45.
Has, in connection with or during the course of a | ||||||
14 | formal hearing conducted under Section 2-118 of this Code: | ||||||
15 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
16 | falsified documents; (iii) submitted documents that have | ||||||
17 | been materially altered; or (iv) submitted, as his or her | ||||||
18 | own, documents that were in fact prepared or composed for | ||||||
19 | another person; | ||||||
20 | 46. Has committed a violation of subsection (j) of | ||||||
21 | Section 3-413 of this Code;
| ||||||
22 | 47. Has committed a violation of Section 11-502.1 of | ||||||
23 | this Code; or | ||||||
24 | 48. Has submitted a falsified or altered medical | ||||||
25 | examiner's certificate to the Secretary of State or | ||||||
26 | provided false information to obtain a medical examiner's |
| |||||||
| |||||||
1 | certificate. | ||||||
2 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
3 | and 27 of this
subsection, license means any driver's license, | ||||||
4 | any traffic ticket issued when
the person's driver's license is | ||||||
5 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
6 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
7 | a probationary driver's license or a temporary driver's | ||||||
8 | license. | ||||||
9 | (b) If any conviction forming the basis of a suspension or
| ||||||
10 | revocation authorized under this Section is appealed, the
| ||||||
11 | Secretary of State may rescind or withhold the entry of the | ||||||
12 | order of suspension
or revocation, as the case may be, provided | ||||||
13 | that a certified copy of a stay
order of a court is filed with | ||||||
14 | the Secretary of State. If the conviction is
affirmed on | ||||||
15 | appeal, the date of the conviction shall relate back to the | ||||||
16 | time
the original judgment of conviction was entered and the 6 | ||||||
17 | month limitation
prescribed shall not apply.
| ||||||
18 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
19 | permit of
any person as authorized in this Section, the | ||||||
20 | Secretary of State shall
immediately notify the person in | ||||||
21 | writing of the revocation or suspension.
The notice to be | ||||||
22 | deposited in the United States mail, postage prepaid,
to the | ||||||
23 | last known address of the person.
| ||||||
24 | 2. If the Secretary of State suspends the driver's license
| ||||||
25 | of a person under subsection 2 of paragraph (a) of this | ||||||
26 | Section, a
person's privilege to operate a vehicle as an |
| |||||||
| |||||||
1 | occupation shall not be
suspended, provided an affidavit is | ||||||
2 | properly completed, the appropriate fee
received, and a permit | ||||||
3 | issued prior to the effective date of the
suspension, unless 5 | ||||||
4 | offenses were committed, at least 2 of which occurred
while | ||||||
5 | operating a commercial vehicle in connection with the driver's
| ||||||
6 | regular occupation. All other driving privileges shall be | ||||||
7 | suspended by the
Secretary of State. Any driver prior to | ||||||
8 | operating a vehicle for
occupational purposes only must submit | ||||||
9 | the affidavit on forms to be
provided by the Secretary of State | ||||||
10 | setting forth the facts of the person's
occupation. The | ||||||
11 | affidavit shall also state the number of offenses
committed | ||||||
12 | while operating a vehicle in connection with the driver's | ||||||
13 | regular
occupation. The affidavit shall be accompanied by the | ||||||
14 | driver's license.
Upon receipt of a properly completed | ||||||
15 | affidavit, the Secretary of State
shall issue the driver a | ||||||
16 | permit to operate a vehicle in connection with the
driver's | ||||||
17 | regular occupation only. Unless the permit is issued by the
| ||||||
18 | Secretary of State prior to the date of suspension, the | ||||||
19 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
20 | forth in the notice that was
mailed under this Section. If an | ||||||
21 | affidavit is received subsequent to the
effective date of this | ||||||
22 | suspension, a permit may be issued for the remainder
of the | ||||||
23 | suspension period.
| ||||||
24 | The provisions of this subparagraph shall not apply to any | ||||||
25 | driver
required to possess a CDL for the purpose of operating a | ||||||
26 | commercial motor vehicle.
|
| |||||||
| |||||||
1 | Any person who falsely states any fact in the affidavit | ||||||
2 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
3 | and upon conviction
thereof shall have all driving privileges | ||||||
4 | revoked without further rights.
| ||||||
5 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
6 | this Code,
the Secretary of State shall either rescind or | ||||||
7 | continue an order of
revocation or shall substitute an order of | ||||||
8 | suspension; or, good
cause appearing therefor, rescind, | ||||||
9 | continue, change, or extend the
order of suspension. If the | ||||||
10 | Secretary of State does not rescind the order,
the Secretary | ||||||
11 | may upon application,
to relieve undue hardship (as defined by | ||||||
12 | the rules of the Secretary of State), issue
a restricted | ||||||
13 | driving permit granting the privilege of driving a motor
| ||||||
14 | vehicle between the petitioner's residence and petitioner's | ||||||
15 | place of
employment or within the scope of the petitioner's | ||||||
16 | employment related duties, or to
allow the petitioner to | ||||||
17 | transport himself or herself, or a family member of the
| ||||||
18 | petitioner's household to a medical facility, to receive | ||||||
19 | necessary medical care, to allow the petitioner to transport | ||||||
20 | himself or herself to and from alcohol or drug
remedial or | ||||||
21 | rehabilitative activity recommended by a licensed service | ||||||
22 | provider, or to allow the petitioner to transport himself or | ||||||
23 | herself or a family member of the petitioner's household to | ||||||
24 | classes, as a student, at an accredited educational | ||||||
25 | institution, or to allow the petitioner to transport children, | ||||||
26 | elderly persons, or persons with disabilities who do not hold |
| |||||||
| |||||||
1 | driving privileges and are living in the petitioner's household | ||||||
2 | to and from daycare. The
petitioner must demonstrate that no | ||||||
3 | alternative means of
transportation is reasonably available | ||||||
4 | and that the petitioner will not endanger
the public safety or | ||||||
5 | welfare.
| ||||||
6 | (A) If a person's license or permit is revoked or | ||||||
7 | suspended due to 2
or more convictions of violating Section | ||||||
8 | 11-501 of this Code or a similar
provision of a local | ||||||
9 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
11 | where the use of alcohol or other drugs is recited as an | ||||||
12 | element of the offense, or a similar out-of-state offense, | ||||||
13 | or a combination of these offenses, arising out
of separate | ||||||
14 | occurrences, that person, if issued a restricted driving | ||||||
15 | permit,
may not operate a vehicle unless it has been | ||||||
16 | equipped with an ignition
interlock device as defined in | ||||||
17 | Section 1-129.1.
| ||||||
18 | (B) If a person's license or permit is revoked or | ||||||
19 | suspended 2 or more
times due to any combination of: | ||||||
20 | (i) a single conviction of violating Section
| ||||||
21 | 11-501 of this Code or a similar provision of a local | ||||||
22 | ordinance or a similar
out-of-state offense or Section | ||||||
23 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012, where the use of alcohol or other drugs is | ||||||
25 | recited as an element of the offense, or a similar | ||||||
26 | out-of-state offense; or |
| |||||||
| |||||||
1 | (ii) a statutory summary suspension or revocation | ||||||
2 | under Section
11-501.1; or | ||||||
3 | (iii) a suspension under Section 6-203.1; | ||||||
4 | arising out of
separate occurrences; that person, if issued | ||||||
5 | a restricted driving permit, may
not operate a vehicle | ||||||
6 | unless it has been
equipped with an ignition interlock | ||||||
7 | device as defined in Section 1-129.1. | ||||||
8 | (B-5) If a person's license or permit is revoked or | ||||||
9 | suspended due to a conviction for a violation of | ||||||
10 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
11 | of Section 11-501 of this Code, or a similar provision of a | ||||||
12 | local ordinance or similar out-of-state offense, that | ||||||
13 | person, if issued a restricted driving permit, may not | ||||||
14 | operate a vehicle unless it has been equipped with an | ||||||
15 | ignition interlock device as defined in Section 1-129.1. | ||||||
16 | (C)
The person issued a permit conditioned upon the use | ||||||
17 | of an ignition interlock device must pay to the Secretary | ||||||
18 | of State DUI Administration Fund an amount
not to exceed | ||||||
19 | $30 per month. The Secretary shall establish by rule the | ||||||
20 | amount
and the procedures, terms, and conditions relating | ||||||
21 | to these fees. | ||||||
22 | (D) If the
restricted driving permit is issued for | ||||||
23 | employment purposes, then the prohibition against | ||||||
24 | operating a motor vehicle that is not equipped with an | ||||||
25 | ignition interlock device does not apply to the operation | ||||||
26 | of an occupational vehicle owned or
leased by that person's |
| |||||||
| |||||||
1 | employer when used solely for employment purposes. For any | ||||||
2 | person who, within a 5-year period, is convicted of a | ||||||
3 | second or subsequent offense under Section 11-501 of this | ||||||
4 | Code, or a similar provision of a local ordinance or | ||||||
5 | similar out-of-state offense, this employment exemption | ||||||
6 | does not apply until either a one-year period has elapsed | ||||||
7 | during which that person had his or her driving privileges | ||||||
8 | revoked or a one-year period has elapsed during which that | ||||||
9 | person had a restricted driving permit which required the | ||||||
10 | use of an ignition interlock device on every motor vehicle | ||||||
11 | owned or operated by that person. | ||||||
12 | (E) In each case the Secretary may issue a
restricted | ||||||
13 | driving permit for a period deemed appropriate, except that | ||||||
14 | all
permits shall expire within one year from the date of | ||||||
15 | issuance. A
restricted driving permit issued under this | ||||||
16 | Section shall be subject to
cancellation, revocation, and | ||||||
17 | suspension by the Secretary of State in like
manner and for | ||||||
18 | like cause as a driver's license issued under this Code may | ||||||
19 | be
cancelled, revoked, or suspended; except that a | ||||||
20 | conviction upon one or more
offenses against laws or | ||||||
21 | ordinances regulating the movement of traffic
shall be | ||||||
22 | deemed sufficient cause for the revocation, suspension, or
| ||||||
23 | cancellation of a restricted driving permit. The Secretary | ||||||
24 | of State may, as
a condition to the issuance of a | ||||||
25 | restricted driving permit, require the
applicant to | ||||||
26 | participate in a designated driver remedial or |
| |||||||
| |||||||
1 | rehabilitative
program. The Secretary of State is | ||||||
2 | authorized to cancel a restricted
driving permit if the | ||||||
3 | permit holder does not successfully complete the program.
| ||||||
4 | (F) A person subject to the provisions of paragraph 4 | ||||||
5 | of subsection (b) of Section 6-208 of this Code may make | ||||||
6 | application for a restricted driving permit at a hearing | ||||||
7 | conducted under Section 2-118 of this Code after the | ||||||
8 | expiration of 5 years from the effective date of the most | ||||||
9 | recent revocation or after 5 years from the date of release | ||||||
10 | from a period of imprisonment resulting from a conviction | ||||||
11 | of the most recent offense, whichever is later, provided | ||||||
12 | the person, in addition to all other requirements of the | ||||||
13 | Secretary, shows by clear and convincing evidence: | ||||||
14 | (i) a minimum of 3 years of uninterrupted | ||||||
15 | abstinence from alcohol and the unlawful use or | ||||||
16 | consumption of cannabis under the Cannabis Control | ||||||
17 | Act, a controlled substance under the Illinois | ||||||
18 | Controlled Substances Act, an intoxicating compound | ||||||
19 | under the Use of Intoxicating Compounds Act, or | ||||||
20 | methamphetamine under the Methamphetamine Control and | ||||||
21 | Community Protection Act; and | ||||||
22 | (ii) the successful completion of any | ||||||
23 | rehabilitative treatment and involvement in any | ||||||
24 | ongoing rehabilitative activity that may be | ||||||
25 | recommended by a properly licensed service provider | ||||||
26 | according to an assessment of the person's alcohol or |
| |||||||
| |||||||
1 | drug use under Section 11-501.01 of this Code. | ||||||
2 | In determining whether an applicant is eligible for a | ||||||
3 | restricted driving permit under this subparagraph (F), the | ||||||
4 | Secretary may consider any relevant evidence, including, | ||||||
5 | but not limited to, testimony, affidavits, records, and the | ||||||
6 | results of regular alcohol or drug tests. Persons subject | ||||||
7 | to the provisions of paragraph 4 of subsection (b) of | ||||||
8 | Section 6-208 of this Code and who have been convicted of | ||||||
9 | more than one violation of paragraph (3), paragraph (4), or | ||||||
10 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
11 | Code shall not be eligible to apply for a restricted | ||||||
12 | driving permit under this subparagraph (F). | ||||||
13 | A restricted driving permit issued under this | ||||||
14 | subparagraph (F) shall provide that the holder may only | ||||||
15 | operate motor vehicles equipped with an ignition interlock | ||||||
16 | device as required under paragraph (2) of subsection (c) of | ||||||
17 | Section 6-205 of this Code and subparagraph (A) of | ||||||
18 | paragraph 3 of subsection (c) of this Section. The | ||||||
19 | Secretary may revoke a restricted driving permit or amend | ||||||
20 | the conditions of a restricted driving permit issued under | ||||||
21 | this subparagraph (F) if the holder operates a vehicle that | ||||||
22 | is not equipped with an ignition interlock device, or for | ||||||
23 | any other reason authorized under this Code. | ||||||
24 | A restricted driving permit issued under this | ||||||
25 | subparagraph (F) shall be revoked, and the holder barred | ||||||
26 | from applying for or being issued a restricted driving |
| |||||||
| |||||||
1 | permit in the future, if the holder is convicted of a | ||||||
2 | violation of Section 11-501 of this Code, a similar | ||||||
3 | provision of a local ordinance, or a similar offense in | ||||||
4 | another state. | ||||||
5 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
6 | subsection (a), reports received by the Secretary of State | ||||||
7 | under this Section shall, except during the actual time the | ||||||
8 | suspension is in effect, be privileged information and for use | ||||||
9 | only by the courts, police officers, prosecuting authorities, | ||||||
10 | the driver licensing administrator of any other state, the | ||||||
11 | Secretary of State, or the parent or legal guardian of a driver | ||||||
12 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
13 | person is a CDL holder, the suspension shall also be made | ||||||
14 | available to the driver licensing administrator of any other | ||||||
15 | state, the U.S. Department of Transportation, and the affected | ||||||
16 | driver or motor
carrier or prospective motor carrier upon | ||||||
17 | request.
| ||||||
18 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
19 | subsection (a), the Secretary of State shall notify the person | ||||||
20 | by mail that his or her driving privileges and driver's license | ||||||
21 | will be suspended one month after the date of the mailing of | ||||||
22 | the notice.
| ||||||
23 | (c-5) The Secretary of State may, as a condition of the | ||||||
24 | reissuance of a
driver's license or permit to an applicant | ||||||
25 | whose driver's license or permit has
been suspended before he | ||||||
26 | or she reached the age of 21 years pursuant to any of
the |
| |||||||
| |||||||
1 | provisions of this Section, require the applicant to | ||||||
2 | participate in a
driver remedial education course and be | ||||||
3 | retested under Section 6-109 of this
Code.
| ||||||
4 | (c-10) The Secretary shall, upon providing notice of | ||||||
5 | suspension of a person's driver's license under this Section, | ||||||
6 | provide notice of an option of enrollment in a behavioral-based | ||||||
7 | driver retraining program, which, upon the person completing | ||||||
8 | the program within 45 days and upon committing no offense under | ||||||
9 | this Section for a period of 6 months, shall result in | ||||||
10 | termination of the license suspension. After completion of the | ||||||
11 | program, the course provider shall report the completion to the | ||||||
12 | Secretary and submit any documentation the Secretary deems | ||||||
13 | necessary. This subsection (c-10) shall not apply to | ||||||
14 | suspensions as a result of a violation of Section 11-501 of | ||||||
15 | this Code or a similar provision of a local ordinance or any | ||||||
16 | similar out-of-state offense, Section 9-3 of the Criminal Code | ||||||
17 | of 2012, or any other Section or subsection in which the use of | ||||||
18 | alcohol or other drugs is an element of the offense. | ||||||
19 | (d) This Section is subject to the provisions of the | ||||||
20 | Drivers License
Compact.
| ||||||
21 | (e) The Secretary of State shall not issue a restricted | ||||||
22 | driving permit to
a person under the age of 16 years whose | ||||||
23 | driving privileges have been suspended
or revoked under any | ||||||
24 | provisions of this Code.
| ||||||
25 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
26 | State may not issue a restricted driving permit for the |
| |||||||
| |||||||
1 | operation of a commercial motor vehicle to a person holding a | ||||||
2 | CDL whose driving privileges have been suspended, revoked, | ||||||
3 | cancelled, or disqualified under any provisions of this Code. | ||||||
4 | (Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726, | ||||||
5 | eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15; | ||||||
6 | 99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; | ||||||
7 | 99-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
| ||||||
8 | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| ||||||
9 | Sec. 6-208. Period of suspension - application after | ||||||
10 | revocation.
| ||||||
11 | (a) Except as otherwise provided by this Code or any other | ||||||
12 | law of this
State, the Secretary of State shall not suspend a | ||||||
13 | driver's license,
permit, or privilege to drive a motor vehicle | ||||||
14 | on the highways for a
period of more than one year.
| ||||||
15 | (b) Any person whose license, permit, or privilege to drive | ||||||
16 | a motor
vehicle on the highways has been revoked shall not be | ||||||
17 | entitled to have
such license, permit, or privilege renewed or | ||||||
18 | restored. However, such
person may, except as provided under | ||||||
19 | subsections (d) and (d-5) of Section 6-205, make
application | ||||||
20 | for a license pursuant to Section 6-106 (i) if the revocation
| ||||||
21 | was
for a cause that
has been removed or (ii) as provided in | ||||||
22 | the following
subparagraphs:
| ||||||
23 | 1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
| ||||||
24 | 4, and 5,
the person may make application for a license (A) | ||||||
25 | after the expiration of one
year from the effective date of |
| |||||||
| |||||||
1 | the revocation, (B) in the case of a violation of paragraph | ||||||
2 | (b) of Section 11-401 of this
Code or a similar provision | ||||||
3 | of a local ordinance, after the expiration of 3
years from | ||||||
4 | the effective date of the revocation, or
(C) in the case of | ||||||
5 | a violation
of Section 9-3 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012 or a similar provision of a law | ||||||
7 | of another state relating to the offense of reckless
| ||||||
8 | homicide or a violation of subparagraph (F) of paragraph 1 | ||||||
9 | of subsection (d) of Section 11-501 of this Code relating | ||||||
10 | to aggravated driving under the influence of alcohol, other | ||||||
11 | drug or drugs, intoxicating compound or compounds, or any | ||||||
12 | combination thereof, if the violation was the proximate | ||||||
13 | cause of a death, after the expiration of 2 years from the | ||||||
14 | effective date of the
revocation
or after the expiration of | ||||||
15 | 24 months from the date of release from
a
period of | ||||||
16 | imprisonment as provided in Section
6-103 of this Code, | ||||||
17 | whichever is later.
| ||||||
18 | 1.3. If the person is convicted of a second or | ||||||
19 | subsequent violation of Section 11-501 of this Code or a | ||||||
20 | similar provision of a local ordinance or a similar | ||||||
21 | out-of-state offense, or Section 9-3 of the Criminal Code | ||||||
22 | of 1961 or the Criminal Code of 2012, in which the use of | ||||||
23 | alcohol or other drugs is recited as an element of the | ||||||
24 | offense, or a similar out-of-state offense, or a | ||||||
25 | combination of these offenses, arising out of separate | ||||||
26 | occurrences, that person may not make application for a |
| |||||||
| |||||||
1 | driver's license until: | ||||||
2 | (A) the person has first been issued a restricted | ||||||
3 | driving permit by the Secretary of State; and | ||||||
4 | (B) the expiration of a continuous period of not | ||||||
5 | less than 5 years following the issuance of the | ||||||
6 | restricted driving permit during which the person's | ||||||
7 | restricted driving permit is not suspended, cancelled, | ||||||
8 | or revoked for a violation of any provision of law, or | ||||||
9 | any rule or regulation of the Secretary of State | ||||||
10 | relating to the required use of an ignition interlock | ||||||
11 | device. | ||||||
12 | 1.5. If the person is convicted of a violation of | ||||||
13 | Section 6-303 of this Code committed while his or her | ||||||
14 | driver's license, permit, or privilege was revoked because | ||||||
15 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
16 | or the Criminal Code of 2012, relating to the offense of | ||||||
17 | reckless homicide, or a similar provision of a law of | ||||||
18 | another state, the person may not make application for a | ||||||
19 | license or permit until the expiration of 3 years from the | ||||||
20 | date of the conviction.
| ||||||
21 | 2. If such person is convicted of committing a second | ||||||
22 | violation within a 20-year
period of:
| ||||||
23 | (A) Section 11-501 of this Code or a similar | ||||||
24 | provision of a local
ordinance;
| ||||||
25 | (B) Paragraph (b) of Section 11-401 of this Code or | ||||||
26 | a similar
provision
of a local ordinance;
|
| |||||||
| |||||||
1 | (C) Section 9-3 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012, relating
to the
offense of | ||||||
3 | reckless homicide; or
| ||||||
4 | (D) any combination of the above offenses | ||||||
5 | committed at different
instances;
| ||||||
6 | then such person may not make application for a license | ||||||
7 | until after
the expiration of 5 years from the effective | ||||||
8 | date of the most recent
revocation. The 20-year
period | ||||||
9 | shall be computed by using the dates the
offenses were | ||||||
10 | committed and shall also include similar out-of-state
| ||||||
11 | offenses and similar offenses committed on a military | ||||||
12 | installation.
| ||||||
13 | 2.5. If a person is convicted of a second violation of | ||||||
14 | Section 6-303 of this Code committed while the person's | ||||||
15 | driver's license, permit, or privilege was revoked because | ||||||
16 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
17 | or the Criminal Code of 2012, relating to the offense of | ||||||
18 | reckless homicide, or a similar provision of a law of | ||||||
19 | another state, the person may not make application for a | ||||||
20 | license or permit until the expiration of 5 years from the | ||||||
21 | date of release from a term of imprisonment. | ||||||
22 | 3. However, except as provided in subparagraph 4, if | ||||||
23 | such person is
convicted of committing a third violation or | ||||||
24 | any combination of the above offenses, including
similar | ||||||
25 | out-of-state offenses and similar offenses committed on a | ||||||
26 | military installation, contained in subparagraph 2, then |
| |||||||
| |||||||
1 | such person
may not make application for a license until | ||||||
2 | after the expiration of 10 years
from the effective date of | ||||||
3 | the most recent revocation.
| ||||||
4 | 4. Except as provided in paragraph (1.5) of subsection | ||||||
5 | (c) of Section 6-205 and subparagraph (F) of paragraph 3 of | ||||||
6 | subsection (c) of Section 6-206 of this Code, the person | ||||||
7 | may not make application for a license if the person is
| ||||||
8 | convicted of committing a fourth or subsequent
violation of | ||||||
9 | Section 11-501 of this Code or a similar provision of a | ||||||
10 | local
ordinance, Section 11-401 of this Code, Section 9-3 | ||||||
11 | of the
Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
12 | or
a combination of these offenses,
similar provisions of | ||||||
13 | local ordinances,
similar out-of-state offenses, or | ||||||
14 | similar offenses committed on a military installation.
| ||||||
15 | 4.5. A bona fide resident of a foreign jurisdiction who | ||||||
16 | is subject to the provisions of subparagraph 4 of this | ||||||
17 | subsection (b) may make application for termination of the | ||||||
18 | revocation after a period of 10 years from the effective | ||||||
19 | date of the most recent revocation. However, if a person | ||||||
20 | who has been granted a termination of revocation under this | ||||||
21 | subparagraph 4.5 subsequently becomes a resident of this | ||||||
22 | State, the revocation shall be reinstated and the person | ||||||
23 | shall be subject to the provisions of subparagraph 4. | ||||||
24 | 5. The person may not make application for a license or | ||||||
25 | permit if the person is convicted of a third or subsequent | ||||||
26 | violation of Section 6-303 of this Code committed while his |
| |||||||
| |||||||
1 | or her driver's license, permit, or privilege was revoked | ||||||
2 | because of a violation of Section 9-3 of the Criminal Code | ||||||
3 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
4 | offense of reckless homicide, or a similar provision of a | ||||||
5 | law of another state.
| ||||||
6 | Notwithstanding any other provision of this Code, all | ||||||
7 | persons referred to
in this paragraph (b) may not have their | ||||||
8 | privileges restored until the
Secretary receives payment of the | ||||||
9 | required reinstatement fee pursuant to
subsection (b) of | ||||||
10 | Section 6-118.
| ||||||
11 | The Secretary shall, as a condition of reissuance of a | ||||||
12 | revoked driver's license, require the person to participate in | ||||||
13 | a behavioral-based driver retraining program. This condition | ||||||
14 | shall not apply to a revocation resulting from a violation of | ||||||
15 | Section 11-501 of this Code or a similar provision of a local | ||||||
16 | ordinance or any similar out-of-state offense, or Section 9-3 | ||||||
17 | of the Criminal Code of 2012, or any other Section or | ||||||
18 | subsection in which the use of alcohol or other drugs is an | ||||||
19 | element of the offense. | ||||||
20 | In no event shall the Secretary issue such license
unless | ||||||
21 | and until such person has had a hearing pursuant to this Code | ||||||
22 | and
the appropriate administrative rules and the Secretary is
| ||||||
23 | satisfied, after a review or investigation of such person, that
| ||||||
24 | to grant the privilege of driving a motor vehicle on the | ||||||
25 | highways will
not endanger the public safety or welfare.
| ||||||
26 | (c) (Blank).
|
| |||||||
| |||||||
1 | (Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-642, | ||||||
2 | eff. 7-28-16.)
|