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1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 6-205, 6-206, and 11-501.01 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 Section 11-506 of this Code or a
6     similar provision of a local ordinance relating to the
7     offense of street racing.
8     (b) The Secretary of State shall also immediately revoke
9 the license or permit of any driver in the following
10 situations:
11         1. Of any minor upon receiving the notice provided for
12     in Section 5-901 of the Juvenile Court Act of 1987 that the
13     minor has been adjudicated under that Act as having
14     committed an offense relating to motor vehicles prescribed
15     in Section 4-103 of this Code;
16         2. Of any person when any other law of this State
17     requires either the revocation or suspension of a license
18     or permit;
19         3. Of any person adjudicated under the Juvenile Court
20     Act of 1987 based on an offense determined to have been
21     committed in furtherance of the criminal activities of an
22     organized gang as provided in Section 5-710 of that Act,
23     and that involved the operation or use of a motor vehicle
24     or the use of a driver's license or permit. The revocation
25     shall remain in effect for the period determined by the
26     court. Upon the direction of the court, the Secretary shall

 

 

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1     issue the person a judicial driving permit, also known as a
2     JDP. The JDP shall be subject to the same terms as a JDP
3     issued under Section 6-206.1, except that the court may
4     direct that a JDP issued under this subdivision (b)(3) be
5     effective immediately.
6         (c) (1) Except as provided in subsection (c-5),
7     whenever a person is convicted of any of the offenses
8     enumerated in this Section, the court may recommend and the
9     Secretary of State in his discretion, without regard to
10     whether the recommendation is made by the court may, upon
11     application, issue to the person a restricted driving
12     permit granting the privilege of driving a motor vehicle
13     between the petitioner's residence and petitioner's place
14     of employment or within the scope of the petitioner's
15     employment related duties, or to allow transportation for
16     the petitioner to transport himself or herself or a family
17     household member of the petitioner's household to a medical
18     facility family for the receipt of necessary medical care
19     or to allow , provide transportation for the petitioner to
20     transport himself or herself to and from alcohol or drug
21     remedial or rehabilitative activity recommended by a
22     licensed service provider, or to allow for the petitioner
23     to transport himself or herself or a family member of the
24     petitioner's household to attend classes, as a student, at
25     in an accredited educational institution, or to allow the
26     petitioner to transport children living in the

 

 

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1     petitioner's household to and from daycare; if the
2     petitioner is able to demonstrate that no alternative means
3     of transportation is reasonably available and that the
4     petitioner will not endanger the public safety or welfare;
5     provided that the Secretary's discretion shall be limited
6     to cases where undue hardship, as defined by the rules of
7     the Secretary of State, would result from a failure to
8     issue the restricted driving permit. Those multiple
9     offenders identified in subdivision (b)4 of Section 6-208
10     of this Code, however, shall not be eligible for the
11     issuance of a restricted driving permit.
12         (2) If a person's license or permit is revoked or
13     suspended due to 2 or more convictions of violating Section
14     11-501 of this Code or a similar provision of a local
15     ordinance or a similar out-of-state offense, or Section 9-3
16     of the Criminal Code of 1961, where the use of alcohol or
17     other drugs is recited as an element of the offense, or a
18     similar out-of-state offense, or a combination of these
19     offenses, arising out of separate occurrences, that
20     person, if issued a restricted driving permit, may not
21     operate a vehicle unless it has been equipped with an
22     ignition interlock device as defined in Section 1-129.1.
23         (3) If:
24             (A) a person's license or permit is revoked or
25         suspended 2 or more times within a 10 year period due
26         to any combination of:

 

 

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1                 (i) (A) a single conviction of violating
2             Section 11-501 of this Code or a similar provision
3             of a local ordinance or a similar out-of-state
4             offense, or Section 9-3 of the Criminal Code of
5             1961, where the use of alcohol or other drugs is
6             recited as an element of the offense, or a similar
7             out-of-state offense; or
8                 (ii) (B) a statutory summary suspension under
9             Section 11-501.1; or
10                 (iii) (C) a suspension pursuant to Section
11             6-203.1; ,
12         arising out of separate occurrences; , or
13             (B) if a person has been convicted of one violation
14         of Section 6-303 of this Code committed while his or
15         her driver's license, permit, or privilege was revoked
16         because of a violation of Section 9-3 of the Criminal
17         Code of 1961, relating to the offense of reckless
18         homicide, or a similar provision of a law of another
19         state,
20     that person, if issued a restricted driving permit, may not
21     operate a vehicle unless it has been equipped with an
22     ignition interlock device as defined in Section 1-129.1.
23         (4) The person issued a permit conditioned on the use
24     of an ignition interlock device must pay to the Secretary
25     of State DUI Administration Fund an amount not to exceed
26     $30 $20 per month. The Secretary shall establish by rule

 

 

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1     the amount and the procedures, terms, and conditions
2     relating to these fees.
3         (5) If the restricted driving permit is issued for
4     employment purposes, then the prohibition against
5     operating a motor vehicle that is not equipped with an
6     ignition interlock device does not apply to the operation
7     of an occupational vehicle owned or leased by that person's
8     employer when used solely for employment purposes.
9         (6) In each case the Secretary of State may issue a
10     restricted driving permit for a period he deems
11     appropriate, except that the permit shall expire within one
12     year from the date of issuance. The Secretary may not,
13     however, issue a restricted driving permit to any person
14     whose current revocation is the result of a second or
15     subsequent conviction for a violation of Section 11-501 of
16     this Code or a similar provision of a local ordinance or
17     any similar out-of-state offense, or Section 9-3 of the
18     Criminal Code of 1961, where the use of alcohol or other
19     drugs is recited as an element of the offense, or any
20     similar out-of-state offense, or any combination of these
21     offenses, until the expiration of at least one year from
22     the date of the revocation. A restricted driving permit
23     issued under this Section shall be subject to cancellation,
24     revocation, and suspension by the Secretary of State in
25     like manner and for like cause as a driver's license issued
26     under this Code may be cancelled, revoked, or suspended;

 

 

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1     except that a conviction upon one or more offenses against
2     laws or ordinances regulating the movement of traffic shall
3     be deemed sufficient cause for the revocation, suspension,
4     or cancellation of a restricted driving permit. The
5     Secretary of State may, as a condition to the issuance of a
6     restricted driving permit, require the petitioner to
7     participate in a designated driver remedial or
8     rehabilitative program. The Secretary of State is
9     authorized to cancel a restricted driving permit if the
10     permit holder does not successfully complete the program.
11     However, if an individual's driving privileges have been
12     revoked in accordance with paragraph 13 of subsection (a)
13     of this Section, no restricted driving permit shall be
14     issued until the individual has served 6 months of the
15     revocation period.
16     (c-5) The Secretary may not issue a restricted driving
17 permit to any person who has been convicted of a second or
18 subsequent violation of Section 6-303 of this Code committed
19 while his or her driver's license, permit, or privilege was
20 revoked because of a violation of Section 9-3 of the Criminal
21 Code of 1961, relating to the offense of reckless homicide, or
22 a similar provision of a law of another state.
23     (d)(1) Whenever a person under the age of 21 is convicted
24 under Section 11-501 of this Code or a similar provision of a
25 local ordinance, or a similar out-of-state offense, the
26 Secretary of State shall revoke the driving privileges of that

 

 

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1 person. One year after the date of revocation, and upon
2 application, the Secretary of State may, if satisfied that the
3 person applying will not endanger the public safety or welfare,
4 issue a restricted driving permit granting the privilege of
5 driving a motor vehicle only between the hours of 5 a.m. and 9
6 p.m. or as otherwise provided by this Section for a period of
7 one year. After this one year period, and upon reapplication
8 for a license as provided in Section 6-106, upon payment of the
9 appropriate reinstatement fee provided under paragraph (b) of
10 Section 6-118, the Secretary of State, in his discretion, may
11 reinstate the petitioner's driver's license and driving
12 privileges, or extend the restricted driving permit as many
13 times as the Secretary of State deems appropriate, by
14 additional periods of not more than 12 months each.
15         (2) If a person's license or permit is revoked or
16     suspended due to 2 or more convictions of violating Section
17     11-501 of this Code or a similar provision of a local
18     ordinance or a similar out-of-state offense, or Section 9-3
19     of the Criminal Code of 1961, where the use of alcohol or
20     other drugs is recited as an element of the offense, or a
21     similar out-of-state offense, or a combination of these
22     offenses, arising out of separate occurrences, that
23     person, if issued a restricted driving permit, may not
24     operate a vehicle unless it has been equipped with an
25     ignition interlock device as defined in Section 1-129.1.
26         (3) If a person's license or permit is revoked or

 

 

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1     suspended 2 or more times within a 10 year period due to
2     any combination of:
3             (A) a single conviction of violating Section
4         11-501 of this Code or a similar provision of a local
5         ordinance or a similar out-of-state offense, or
6         Section 9-3 of the Criminal Code of 1961, where the use
7         of alcohol or other drugs is recited as an element of
8         the offense, or a similar out-of-state offense; or
9             (B) a statutory summary suspension under Section
10         11-501.1; or
11             (C) a suspension pursuant to Section 6-203.1; ,
12     arising out of separate occurrences, that person, if issued
13     a restricted driving permit, may not operate a vehicle
14     unless it has been equipped with an ignition interlock
15     device as defined in Section 1-129.1.
16         (4) The person issued a permit conditioned upon the use
17     of an interlock device must pay to the Secretary of State
18     DUI Administration Fund an amount not to exceed $30 $20 per
19     month. The Secretary shall establish by rule the amount and
20     the procedures, terms, and conditions relating to these
21     fees.
22         (5) If the restricted driving permit is issued for
23     employment purposes, then the prohibition against driving
24     a vehicle that is not equipped with an ignition interlock
25     device does not apply to the operation of an occupational
26     vehicle owned or leased by that person's employer when used

 

 

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1     solely for employment purposes.
2         (6) A restricted driving permit issued under this
3     Section shall be subject to cancellation, revocation, and
4     suspension by the Secretary of State in like manner and for
5     like cause as a driver's license issued under this Code may
6     be cancelled, revoked, or suspended; except that a
7     conviction upon one or more offenses against laws or
8     ordinances regulating the movement of traffic shall be
9     deemed sufficient cause for the revocation, suspension, or
10     cancellation of a restricted driving permit.
11     (d-5) The revocation of the license, permit, or driving
12 privileges of a person convicted of a third or subsequent
13 violation of Section 6-303 of this Code committed while his or
14 her driver's license, permit, or privilege was revoked because
15 of a violation of Section 9-3 of the Criminal Code of 1961,
16 relating to the offense of reckless homicide, or a similar
17 provision of a law of another state, is permanent. The
18 Secretary may not, at any time, issue a license or permit to
19 that person.
20     (e) This Section is subject to the provisions of the Driver
21 License Compact.
22     (f) Any revocation imposed upon any person under
23 subsections 2 and 3 of paragraph (b) that is in effect on
24 December 31, 1988 shall be converted to a suspension for a like
25 period of time.
26     (g) The Secretary of State shall not issue a restricted

 

 

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1 driving permit to a person under the age of 16 years whose
2 driving privileges have been revoked under any provisions of
3 this Code.
4     (h) The Secretary of State shall require the use of
5 ignition interlock devices on all vehicles owned by a person an
6 individual who has been convicted of a second or subsequent
7 offense under Section 11-501 of this Code or a similar
8 provision of a local ordinance. The person must pay to the
9 Secretary of State DUI Administration Fund an amount not to
10 exceed $30 for each month that he or she uses the device. The
11 Secretary shall establish by rule and regulation the procedures
12 for certification and use of the interlock system, the amount
13 of the fee, and the procedures, terms, and conditions relating
14 to these fees.
15     (i) (Blank).
16     (j) 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 revoked, suspended,
20 cancelled, or disqualified under any provisions of this Code.
21 (Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08;
22 95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07;
23 95-627, eff. 6-1-08; revised 11-16-07.)
 
24     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
25     (Text of Section after amendment by P.A. 95-400)

 

 

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1     Sec. 6-206. Discretionary authority to suspend or revoke
2 license or permit; Right to a hearing.
3     (a) The Secretary of State is authorized to suspend or
4 revoke the driving privileges of any person without preliminary
5 hearing upon a showing of the person's records or other
6 sufficient evidence that the person:
7         1. Has committed an offense for which mandatory
8     revocation of a driver's license or permit is required upon
9     conviction;
10         2. Has been convicted of not less than 3 offenses
11     against traffic regulations governing the movement of
12     vehicles committed within any 12 month period. No
13     revocation or suspension shall be entered more than 6
14     months after the date of last conviction;
15         3. Has been repeatedly involved as a driver in motor
16     vehicle collisions or has been repeatedly convicted of
17     offenses against laws and ordinances regulating the
18     movement of traffic, to a degree that indicates lack of
19     ability to exercise ordinary and reasonable care in the
20     safe operation of a motor vehicle or disrespect for the
21     traffic laws and the safety of other persons upon the
22     highway;
23         4. Has by the unlawful operation of a motor vehicle
24     caused or contributed to an accident resulting in death or
25     injury requiring immediate professional treatment in a
26     medical facility or doctor's office to any person, except

 

 

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1     that any suspension or revocation imposed by the Secretary
2     of State under the provisions of this subsection shall
3     start no later than 6 months after being convicted of
4     violating a law or ordinance regulating the movement of
5     traffic, which violation is related to the accident, or
6     shall start not more than one year after the date of the
7     accident, whichever date occurs later;
8         5. Has permitted an unlawful or fraudulent use of a
9     driver's license, identification card, or permit;
10         6. Has been lawfully convicted of an offense or
11     offenses in another state, including the authorization
12     contained in Section 6-203.1, which if committed within
13     this State would be grounds for suspension or revocation;
14         7. Has refused or failed to submit to an examination
15     provided for by Section 6-207 or has failed to pass the
16     examination;
17         8. Is ineligible for a driver's license or permit under
18     the provisions of Section 6-103;
19         9. Has made a false statement or knowingly concealed a
20     material fact or has used false information or
21     identification in any application for a license,
22     identification card, or permit;
23         10. Has possessed, displayed, or attempted to
24     fraudulently use any license, identification card, or
25     permit not issued to the person;
26         11. Has operated a motor vehicle upon a highway of this

 

 

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1     State when the person's driving privilege or privilege to
2     obtain a driver's license or permit was revoked or
3     suspended unless the operation was authorized by a
4     monitoring device driving permit, judicial driving permit
5     issued prior to January 1, 2009 the effective date of this
6     amendatory Act of the 95th General Assembly, probationary
7     license to drive, or a restricted driving permit issued
8     under this Code;
9         12. Has submitted to any portion of the application
10     process for another person or has obtained the services of
11     another person to submit to any portion of the application
12     process for the purpose of obtaining a license,
13     identification card, or permit for some other person;
14         13. Has operated a motor vehicle upon a highway of this
15     State when the person's driver's license or permit was
16     invalid under the provisions of Sections 6-107.1 and 6-110;
17         14. Has committed a violation of Section 6-301,
18     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
19     of the Illinois Identification Card Act;
20         15. Has been convicted of violating Section 21-2 of the
21     Criminal Code of 1961 relating to criminal trespass to
22     vehicles in which case, the suspension shall be for one
23     year;
24         16. Has been convicted of violating Section 11-204 of
25     this Code relating to fleeing from a peace officer;
26         17. Has refused to submit to a test, or tests, as

 

 

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1     required under Section 11-501.1 of this Code and the person
2     has not sought a hearing as provided for in Section
3     11-501.1;
4         18. Has, since issuance of a driver's license or
5     permit, been adjudged to be afflicted with or suffering
6     from any mental disability or disease;
7         19. Has committed a violation of paragraph (a) or (b)
8     of Section 6-101 relating to driving without a driver's
9     license;
10         20. Has been convicted of violating Section 6-104
11     relating to classification of driver's license;
12         21. Has been convicted of violating Section 11-402 of
13     this Code relating to leaving the scene of an accident
14     resulting in damage to a vehicle in excess of $1,000, in
15     which case the suspension shall be for one year;
16         22. Has used a motor vehicle in violating paragraph
17     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
18     the Criminal Code of 1961 relating to unlawful use of
19     weapons, in which case the suspension shall be for one
20     year;
21         23. Has, as a driver, been convicted of committing a
22     violation of paragraph (a) of Section 11-502 of this Code
23     for a second or subsequent time within one year of a
24     similar violation;
25         24. Has been convicted by a court-martial or punished
26     by non-judicial punishment by military authorities of the

 

 

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1     United States at a military installation in Illinois of or
2     for a traffic related offense that is the same as or
3     similar to an offense specified under Section 6-205 or
4     6-206 of this Code;
5         25. Has permitted any form of identification to be used
6     by another in the application process in order to obtain or
7     attempt to obtain a license, identification card, or
8     permit;
9         26. Has altered or attempted to alter a license or has
10     possessed an altered license, identification card, or
11     permit;
12         27. Has violated Section 6-16 of the Liquor Control Act
13     of 1934;
14         28. Has been convicted of the illegal possession, while
15     operating or in actual physical control, as a driver, of a
16     motor vehicle, of any controlled substance prohibited
17     under the Illinois Controlled Substances Act, any cannabis
18     prohibited under the Cannabis Control Act, or any
19     methamphetamine prohibited under the Methamphetamine
20     Control and Community Protection Act, in which case the
21     person's driving privileges shall be suspended for one
22     year, and any driver who is convicted of a second or
23     subsequent offense, within 5 years of a previous
24     conviction, for the illegal possession, while operating or
25     in actual physical control, as a driver, of a motor
26     vehicle, of any controlled substance prohibited under the

 

 

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

 

 

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1     Section 11-501.6 or has submitted to a test resulting in an
2     alcohol concentration of 0.08 or more or any amount of a
3     drug, substance, or compound resulting from the unlawful
4     use or consumption of cannabis as listed in the Cannabis
5     Control Act, a controlled substance as listed in the
6     Illinois Controlled Substances Act, an intoxicating
7     compound as listed in the Use of Intoxicating Compounds
8     Act, or methamphetamine as listed in the Methamphetamine
9     Control and Community Protection Act, in which case the
10     penalty shall be as prescribed in Section 6-208.1;
11         32. Has been convicted of Section 24-1.2 of the
12     Criminal Code of 1961 relating to the aggravated discharge
13     of a firearm if the offender was located in a motor vehicle
14     at the time the firearm was discharged, in which case the
15     suspension shall be for 3 years;
16         33. Has as a driver, who was less than 21 years of age
17     on the date of the offense, been convicted a first time of
18     a violation of paragraph (a) of Section 11-502 of this Code
19     or a similar provision of a local ordinance;
20         34. Has committed a violation of Section 11-1301.5 of
21     this Code;
22         35. Has committed a violation of Section 11-1301.6 of
23     this Code;
24         36. Is under the age of 21 years at the time of arrest
25     and has been convicted of not less than 2 offenses against
26     traffic regulations governing the movement of vehicles

 

 

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1     committed within any 24 month period. No revocation or
2     suspension shall be entered more than 6 months after the
3     date of last conviction;
4         37. Has committed a violation of subsection (c) of
5     Section 11-907 of this Code;
6         38. Has been convicted of a violation of Section 6-20
7     of the Liquor Control Act of 1934 or a similar provision of
8     a local ordinance;
9         39. Has committed a second or subsequent violation of
10     Section 11-1201 of this Code;
11         40. Has committed a violation of subsection (a-1) of
12     Section 11-908 of this Code;
13         41. Has committed a second or subsequent violation of
14     Section 11-605.1 of this Code within 2 years of the date of
15     the previous violation, in which case the suspension shall
16     be for 90 days;
17         42. Has committed a violation of subsection (a-1) of
18     Section 11-1301.3 of this Code; or
19         43. Has received a disposition of court supervision for
20     a violation of subsection (a), (d), or (e) of Section 6-20
21     of the Liquor Control Act of 1934 or a similar provision of
22     a local ordinance, in which case the suspension shall be
23     for a period of 3 months; .
24         44. 43. Is under the age of 21 years at the time of
25     arrest and has been convicted of an offense against traffic
26     regulations governing the movement of vehicles after

 

 

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1     having previously had his or her driving privileges been
2     suspended or revoked pursuant to subparagraph 36 of this
3     Section; or .
4         45. 43. Has, in connection with or during the course of
5     a formal hearing conducted under Section 2-118 of this
6     Code: (i) committed perjury; (ii) submitted fraudulent or
7     falsified documents; (iii) submitted documents that have
8     been materially altered; or (iv) submitted, as his or her
9     own, documents that were in fact prepared or composed for
10     another person.
11     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
12 and 27 of this subsection, license means any driver's license,
13 any traffic ticket issued when the person's driver's license is
14 deposited in lieu of bail, a suspension notice issued by the
15 Secretary of State, a duplicate or corrected driver's license,
16 a probationary driver's license or a temporary driver's
17 license.
18     (b) If any conviction forming the basis of a suspension or
19 revocation authorized under this Section is appealed, the
20 Secretary of State may rescind or withhold the entry of the
21 order of suspension or revocation, as the case may be, provided
22 that a certified copy of a stay order of a court is filed with
23 the Secretary of State. If the conviction is affirmed on
24 appeal, the date of the conviction shall relate back to the
25 time the original judgment of conviction was entered and the 6
26 month limitation prescribed shall not apply.

 

 

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1      (c) 1. Upon suspending or revoking the driver's license or
2     permit of any person as authorized in this Section, the
3     Secretary of State shall immediately notify the person in
4     writing of the revocation or suspension. The notice to be
5     deposited in the United States mail, postage prepaid, to
6     the last known address of the person.
7         2. If the Secretary of State suspends the driver's
8     license of a person under subsection 2 of paragraph (a) of
9     this Section, a person's privilege to operate a vehicle as
10     an occupation shall not be suspended, provided an affidavit
11     is properly completed, the appropriate fee received, and a
12     permit issued prior to the effective date of the
13     suspension, unless 5 offenses were committed, at least 2 of
14     which occurred while operating a commercial vehicle in
15     connection with the driver's regular occupation. All other
16     driving privileges shall be suspended by the Secretary of
17     State. Any driver prior to operating a vehicle for
18     occupational purposes only must submit the affidavit on
19     forms to be provided by the Secretary of State setting
20     forth the facts of the person's occupation. The affidavit
21     shall also state the number of offenses committed while
22     operating a vehicle in connection with the driver's regular
23     occupation. The affidavit shall be accompanied by the
24     driver's license. Upon receipt of a properly completed
25     affidavit, the Secretary of State shall issue the driver a
26     permit to operate a vehicle in connection with the driver's

 

 

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1     regular occupation only. Unless the permit is issued by the
2     Secretary of State prior to the date of suspension, the
3     privilege to drive any motor vehicle shall be suspended as
4     set forth in the notice that was mailed under this Section.
5     If an affidavit is received subsequent to the effective
6     date of this suspension, a permit may be issued for the
7     remainder of the suspension period.
8         The provisions of this subparagraph shall not apply to
9     any driver required to possess a CDL for the purpose of
10     operating a commercial motor vehicle.
11         Any person who falsely states any fact in the affidavit
12     required herein shall be guilty of perjury under Section
13     6-302 and upon conviction thereof shall have all driving
14     privileges revoked without further rights.
15         3. At the conclusion of a hearing under Section 2-118
16     of this Code, the Secretary of State shall either rescind
17     or continue an order of revocation or shall substitute an
18     order of suspension; or, good cause appearing therefor,
19     rescind, continue, change, or extend the order of
20     suspension. If the Secretary of State does not rescind the
21     order, the Secretary may upon application, to relieve undue
22     hardship (as defined by the rules of the Secretary of
23     State), issue a restricted driving permit granting the
24     privilege of driving a motor vehicle between the
25     petitioner's residence and petitioner's place of
26     employment or within the scope of the petitioner's

 

 

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1     employment related duties, or to allow transportation for
2     the petitioner to transport himself or herself, or a family
3     household member of the petitioner's household to a medical
4     facility family, to receive necessary medical care, to
5     allow the petitioner to transport himself or herself
6     provide transportation to and from alcohol or drug remedial
7     or rehabilitative activity recommended by a licensed
8     service provider, or to allow for the petitioner to
9     transport himself or herself or a family member of the
10     petitioner's household to attend classes, as a student, at
11     in an accredited educational institution, or to allow the
12     petitioner to transport children living in the
13     petitioner's household to and from daycare. The petitioner
14     must demonstrate that no alternative means of
15     transportation is reasonably available and that the
16     petitioner will not endanger the public safety or welfare.
17     Those multiple offenders identified in subdivision (b)4 of
18     Section 6-208 of this Code, however, shall not be eligible
19     for the issuance of a restricted driving permit.
20         (A) If a person's license or permit is revoked or
21     suspended due to 2 or more convictions of violating Section
22     11-501 of this Code or a similar provision of a local
23     ordinance or a similar out-of-state offense, or Section 9-3
24     of the Criminal Code of 1961, where the use of alcohol or
25     other drugs is recited as an element of the offense, or a
26     similar out-of-state offense, or a combination of these

 

 

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

 

 

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1         (D) If the restricted driving permit is issued for
2     employment purposes, then the prohibition against
3     operating a motor vehicle that is not equipped with an
4     ignition interlock device does not apply to the operation
5     of an occupational vehicle owned or leased by that person's
6     employer when used solely for employment purposes.
7         (E) In each case the Secretary may issue a restricted
8     driving permit for a period deemed appropriate, except that
9     all permits shall expire within one year from the date of
10     issuance. The Secretary may not, however, issue a
11     restricted driving permit to any person whose current
12     revocation is the result of a second or subsequent
13     conviction for a violation of Section 11-501 of this Code
14     or a similar provision of a local ordinance or any similar
15     out-of-state offense, or Section 9-3 of the Criminal Code
16     of 1961, where the use of alcohol or other drugs is recited
17     as an element of the offense, or any similar out-of-state
18     offense, or any combination of those offenses, until the
19     expiration of at least one year from the date of the
20     revocation. A restricted driving permit issued under this
21     Section shall be subject to cancellation, revocation, and
22     suspension by the Secretary of State in like manner and for
23     like cause as a driver's license issued under this Code may
24     be cancelled, revoked, or suspended; except that a
25     conviction upon one or more offenses against laws or
26     ordinances regulating the movement of traffic shall be

 

 

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1     deemed sufficient cause for the revocation, suspension, or
2     cancellation of a restricted driving permit. The Secretary
3     of State may, as a condition to the issuance of a
4     restricted driving permit, require the applicant to
5     participate in a designated driver remedial or
6     rehabilitative program. The Secretary of State is
7     authorized to cancel a restricted driving permit if the
8     permit holder does not successfully complete the program.
9     (c-3) In the case of a suspension under paragraph 43 of
10 subsection (a), reports received by the Secretary of State
11 under this Section shall, except during the actual time the
12 suspension is in effect, be privileged information and for use
13 only by the courts, police officers, prosecuting authorities,
14 the driver licensing administrator of any other state, or the
15 Secretary of State. However, beginning January 1, 2008, if the
16 person is a CDL holder, the suspension shall also be made
17 available to the driver licensing administrator of any other
18 state, the U.S. Department of Transportation, and the affected
19 driver or motor carrier or prospective motor carrier upon
20 request.
21     (c-4) In the case of a suspension under paragraph 43 of
22 subsection (a), the Secretary of State shall notify the person
23 by mail that his or her driving privileges and driver's license
24 will be suspended one month after the date of the mailing of
25 the notice.
26     (c-5) The Secretary of State may, as a condition of the

 

 

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1 reissuance of a driver's license or permit to an applicant
2 whose driver's license or permit has been suspended before he
3 or she reached the age of 18 years pursuant to any of the
4 provisions of this Section, require the applicant to
5 participate in a driver remedial education course and be
6 retested under Section 6-109 of this Code.
7     (d) This Section is subject to the provisions of the
8 Drivers License Compact.
9     (e) The Secretary of State shall not issue a restricted
10 driving permit to a person under the age of 16 years whose
11 driving privileges have been suspended or revoked under any
12 provisions of this Code.
13     (f) 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 suspended, revoked,
17 cancelled, or disqualified under any provisions of this Code.
18 (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05;
19 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08;
20 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08;
21 revised 11-16-07.)
 
22     (625 ILCS 5/11-501.01)
23     Sec. 11-501.01. Additional administrative sanctions.
24     (a) After a finding of guilt and prior to any final
25 sentencing or an order for supervision, for an offense based

 

 

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1 upon an arrest for a violation of Section 11-501 or a similar
2 provision of a local ordinance, individuals shall be required
3 to undergo a professional evaluation to determine if an
4 alcohol, drug, or intoxicating compound abuse problem exists
5 and the extent of the problem, and undergo the imposition of
6 treatment as appropriate. Programs conducting these
7 evaluations shall be licensed by the Department of Human
8 Services. The cost of any professional evaluation shall be paid
9 for by the individual required to undergo the professional
10 evaluation.
11     (b) Any person who is found guilty of or pleads guilty to
12 violating Section 11-501, including any person receiving a
13 disposition of court supervision for violating that Section,
14 may be required by the Court to attend a victim impact panel
15 offered by, or under contract with, a county State's Attorney's
16 office, a probation and court services department, Mothers
17 Against Drunk Driving, or the Alliance Against Intoxicated
18 Motorists. All costs generated by the victim impact panel shall
19 be paid from fees collected from the offender or as may be
20 determined by the court.
21     (c) Every person found guilty of violating Section 11-501,
22 whose operation of a motor vehicle while in violation of that
23 Section proximately caused any incident resulting in an
24 appropriate emergency response, shall be liable for the expense
25 of an emergency response as provided in subsection (i) of this
26 Section.

 

 

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1     (d) The Secretary of State shall revoke the driving
2 privileges of any person convicted under Section 11-501 or a
3 similar provision of a local ordinance.
4     (e) The Secretary of State shall require the use of
5 ignition interlock devices on all vehicles owned by a person an
6 individual who has been convicted of a second or subsequent
7 offense of Section 11-501 or a similar provision of a local
8 ordinance. The person must pay to the Secretary of State DUI
9 Administration Fund an amount not to exceed $30 for each month
10 that he or she uses the device. The Secretary shall establish
11 by rule and regulation the procedures for certification and use
12 of the interlock system, the amount of the fee, and the
13 procedures, terms, and conditions relating to these fees.
14     (f) In addition to any other penalties and liabilities, a
15 person who is found guilty of or pleads guilty to violating
16 Section 11-501, including any person placed on court
17 supervision for violating Section 11-501, shall be assessed
18 $500, payable to the circuit clerk, who shall distribute the
19 money as follows: 20% to the law enforcement agency that made
20 the arrest, and 80% shall be forwarded to the State Treasurer
21 for deposit into the General Revenue Fund. If the person has
22 been previously convicted of violating Section 11-501 or a
23 similar provision of a local ordinance, the fine shall be
24 $1,000. In the event that more than one agency is responsible
25 for the arrest, the amount payable to law enforcement agencies
26 shall be shared equally. Any moneys received by a law

 

 

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1 enforcement agency under this subsection (f) shall be used to
2 purchase law enforcement equipment that will assist in the
3 prevention of alcohol related criminal violence throughout the
4 State. This shall include, but is not limited to, in-car video
5 cameras, radar and laser speed detection devices, and alcohol
6 breath testers. Any moneys received by the Department of State
7 Police under this subsection (f) shall be deposited into the
8 State Police DUI Fund and shall be used to purchase law
9 enforcement equipment that will assist in the prevention of
10 alcohol related criminal violence throughout the State.
11     (g) The Secretary of State Police DUI Fund is created as a
12 special fund in the State treasury. All moneys received by the
13 Secretary of State Police under subsection (f) of this Section
14 shall be deposited into the Secretary of State Police DUI Fund
15 and, subject to appropriation, shall be used to purchase law
16 enforcement equipment to assist in the prevention of alcohol
17 related criminal violence throughout the State.
18     (h) Whenever an individual is sentenced for an offense
19 based upon an arrest for a violation of Section 11-501 or a
20 similar provision of a local ordinance, and the professional
21 evaluation recommends remedial or rehabilitative treatment or
22 education, neither the treatment nor the education shall be the
23 sole disposition and either or both may be imposed only in
24 conjunction with another disposition. The court shall monitor
25 compliance with any remedial education or treatment
26 recommendations contained in the professional evaluation.

 

 

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1 Programs conducting alcohol or other drug evaluation or
2 remedial education must be licensed by the Department of Human
3 Services. If the individual is not a resident of Illinois,
4 however, the court may accept an alcohol or other drug
5 evaluation or remedial education program in the individual's
6 state of residence. Programs providing treatment must be
7 licensed under existing applicable alcoholism and drug
8 treatment licensure standards.
9     (i) In addition to any other fine or penalty required by
10 law, an individual convicted of a violation of Section 11-501,
11 Section 5-7 of the Snowmobile Registration and Safety Act,
12 Section 5-16 of the Boat Registration and Safety Act, or a
13 similar provision, whose operation of a motor vehicle,
14 snowmobile, or watercraft while in violation of Section 11-501,
15 Section 5-7 of the Snowmobile Registration and Safety Act,
16 Section 5-16 of the Boat Registration and Safety Act, or a
17 similar provision proximately caused an incident resulting in
18 an appropriate emergency response, shall be required to make
19 restitution to a public agency for the costs of that emergency
20 response. The restitution may not exceed $1,000 per public
21 agency for each emergency response. As used in this subsection
22 (i), "emergency response" means any incident requiring a
23 response by a police officer, a firefighter carried on the
24 rolls of a regularly constituted fire department, or an
25 ambulance.
26 (Source: P.A. 95-578, eff. 6-1-08.)