Illinois General Assembly - Full Text of HB3325
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Full Text of HB3325  102nd General Assembly

HB3325 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3325

 

Introduced 2/19/2021, by Rep. Jackie Haas

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-206
625 ILCS 5/11-904  from Ch. 95 1/2, par. 11-904

    Amends the Illinois Driver Licensing Law of the Illinois Vehicle Code and Illinois Vehicle Code. Provides that the Secretary of State is authorized to suspend or revoke the driving privileges of any person without a preliminary hearing if the person has been convicted of a violation of a pedestrian's right of way at a crosswalk or intersection that resulted in a Type A injury.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-206 and 11-904 as follows:
 
6    (625 ILCS 5/6-206)
7    Sec. 6-206. Discretionary authority to suspend or revoke
8license or permit; right to a hearing.
9    (a) The Secretary of State is authorized to suspend or
10revoke the driving privileges of any person without
11preliminary hearing upon a showing of the person's records or
12other sufficient evidence that the person:
13        1. Has committed an offense for which mandatory
14    revocation of a driver's license or permit is required
15    upon conviction;
16        2. Has been convicted of not less than 3 offenses
17    against traffic regulations governing the movement of
18    vehicles committed within any 12-month 12 month period. No
19    revocation or suspension shall be entered more than 6
20    months after the date of last conviction;
21        3. Has been repeatedly involved as a driver in motor
22    vehicle collisions or has been repeatedly convicted of
23    offenses against laws and ordinances regulating the

 

 

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1    movement of traffic, to a degree that indicates lack of
2    ability to exercise ordinary and reasonable care in the
3    safe operation of a motor vehicle or disrespect for the
4    traffic laws and the safety of other persons upon the
5    highway;
6        4. Has by the unlawful operation of a motor vehicle
7    caused or contributed to an accident resulting in injury
8    requiring immediate professional treatment in a medical
9    facility or doctor's office to any person, except that any
10    suspension or revocation imposed by the Secretary of State
11    under the provisions of this subsection shall start no
12    later than 6 months after being convicted of violating a
13    law or ordinance regulating the movement of traffic, which
14    violation is related to the accident, or shall start not
15    more than one year after the date of the accident,
16    whichever date occurs later;
17        5. Has permitted an unlawful or fraudulent use of a
18    driver's license, identification card, or permit;
19        6. Has been lawfully convicted of an offense or
20    offenses in another state, including the authorization
21    contained in Section 6-203.1, which if committed within
22    this State would be grounds for suspension or revocation;
23        7. Has refused or failed to submit to an examination
24    provided for by Section 6-207 or has failed to pass the
25    examination;
26        8. Is ineligible for a driver's license or permit

 

 

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1    under the provisions of Section 6-103;
2        9. Has made a false statement or knowingly concealed a
3    material fact or has used false information or
4    identification in any application for a license,
5    identification card, or permit;
6        10. Has possessed, displayed, or attempted to
7    fraudulently use any license, identification card, or
8    permit not issued to the person;
9        11. Has operated a motor vehicle upon a highway of
10    this State when the person's driving privilege or
11    privilege to obtain a driver's license or permit was
12    revoked or suspended unless the operation was authorized
13    by a monitoring device driving permit, judicial driving
14    permit issued prior to January 1, 2009, probationary
15    license to drive, or a restricted driving permit issued
16    under this Code;
17        12. Has submitted to any portion of the application
18    process for another person or has obtained the services of
19    another person to submit to any portion of the application
20    process for the purpose of obtaining a license,
21    identification card, or permit for some other person;
22        13. Has operated a motor vehicle upon a highway of
23    this State when the person's driver's license or permit
24    was invalid under the provisions of Sections 6-107.1 and
25    6-110;
26        14. Has committed a violation of Section 6-301,

 

 

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1    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
2    14B of the Illinois Identification Card Act;
3        15. Has been convicted of violating Section 21-2 of
4    the Criminal Code of 1961 or the Criminal Code of 2012
5    relating to criminal trespass to vehicles if the person
6    exercised actual physical control over the vehicle during
7    the commission of the offense, 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
13    person has not sought a hearing as provided for in Section
14    11-501.1;
15        18. (Blank);
16        19. Has committed a violation of paragraph (a) or (b)
17    of Section 6-101 relating to driving without a driver's
18    license;
19        20. Has been convicted of violating Section 6-104
20    relating to classification of driver's license;
21        21. Has been convicted of violating Section 11-402 of
22    this Code relating to leaving the scene of an accident
23    resulting in damage to a vehicle in excess of $1,000, in
24    which case the suspension shall be for one year;
25        22. Has used a motor vehicle in violating paragraph
26    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

 

 

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1    the Criminal Code of 1961 or the Criminal Code of 2012
2    relating to unlawful use of weapons, in which case the
3    suspension shall be for one year;
4        23. Has, as a driver, been convicted of committing a
5    violation of paragraph (a) of Section 11-502 of this Code
6    for a second or subsequent time within one year of a
7    similar violation;
8        24. Has been convicted by a court-martial or punished
9    by non-judicial punishment by military authorities of the
10    United States at a military installation in Illinois or in
11    another state of or for a traffic-related traffic related
12    offense that is the same as or similar to an offense
13    specified under Section 6-205 or 6-206 of this Code;
14        25. Has permitted any form of identification to be
15    used by another in the application process in order to
16    obtain or attempt to obtain a license, identification
17    card, or permit;
18        26. Has altered or attempted to alter a license or has
19    possessed an altered license, identification card, or
20    permit;
21        27. (Blank);
22        28. Has been convicted for a first time of the illegal
23    possession, while operating or in actual physical control,
24    as a driver, of a motor vehicle, of any controlled
25    substance prohibited under the Illinois Controlled
26    Substances Act, any cannabis prohibited under the Cannabis

 

 

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1    Control Act, or any methamphetamine prohibited under the
2    Methamphetamine Control and Community Protection Act, in
3    which case the person's driving privileges shall be
4    suspended for one year. Any defendant found guilty of this
5    offense while operating a motor vehicle, shall have an
6    entry made in the court record by the presiding judge that
7    this offense did occur while the defendant was operating a
8    motor vehicle and order the clerk of the court to report
9    the violation to the Secretary of State;
10        29. Has been convicted of the following offenses that
11    were committed while the person was operating or in actual
12    physical control, as a driver, of a motor vehicle:
13    criminal sexual assault, predatory criminal sexual assault
14    of a child, aggravated criminal sexual assault, criminal
15    sexual abuse, aggravated criminal sexual abuse, juvenile
16    pimping, soliciting for a juvenile prostitute, promoting
17    juvenile prostitution as described in subdivision (a)(1),
18    (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
19    of 1961 or the Criminal Code of 2012, and the manufacture,
20    sale or delivery of controlled substances or instruments
21    used for illegal drug use or abuse in which case the
22    driver's driving privileges shall be suspended for one
23    year;
24        30. Has been convicted a second or subsequent time for
25    any combination of the offenses named in paragraph 29 of
26    this subsection, in which case the person's driving

 

 

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1    privileges shall be suspended for 5 years;
2        31. Has refused to submit to a test as required by
3    Section 11-501.6 of this Code or Section 5-16c of the Boat
4    Registration and Safety Act or has submitted to a test
5    resulting in an alcohol concentration of 0.08 or more or
6    any amount of a drug, substance, or compound resulting
7    from the unlawful use or consumption of cannabis as listed
8    in the Cannabis Control Act, a controlled substance as
9    listed in the Illinois Controlled Substances Act, an
10    intoxicating compound as listed in the Use of Intoxicating
11    Compounds Act, or methamphetamine as listed in the
12    Methamphetamine Control and Community Protection Act, in
13    which case the penalty shall be as prescribed in Section
14    6-208.1;
15        32. Has been convicted of Section 24-1.2 of the
16    Criminal Code of 1961 or the Criminal Code of 2012
17    relating to the aggravated discharge of a firearm if the
18    offender was located in a motor vehicle at the time the
19    firearm was discharged, in which case the suspension shall
20    be for 3 years;
21        33. Has as a driver, who was less than 21 years of age
22    on the date of the offense, been convicted a first time of
23    a violation of paragraph (a) of Section 11-502 of this
24    Code or a similar provision of a local ordinance;
25        34. Has committed a violation of Section 11-1301.5 of
26    this Code or a similar provision of a local ordinance;

 

 

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1        35. Has committed a violation of Section 11-1301.6 of
2    this Code or a similar provision of a local ordinance;
3        36. Is under the age of 21 years at the time of arrest
4    and has been convicted of not less than 2 offenses against
5    traffic regulations governing the movement of vehicles
6    committed within any 24-month 24 month period. No
7    revocation or suspension shall be entered more than 6
8    months after the date of last conviction;
9        37. Has committed a violation of subsection (c) of
10    Section 11-907 of this Code that resulted in damage to the
11    property of another or the death or injury of another;
12        38. Has been convicted of a violation of Section 6-20
13    of the Liquor Control Act of 1934 or a similar provision of
14    a local ordinance and the person was an occupant of a motor
15    vehicle at the time of the violation;
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

 

 

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1    local ordinance;
2        43. Has received a disposition of court supervision
3    for a violation of subsection (a), (d), or (e) of Section
4    6-20 of the Liquor Control Act of 1934 or a similar
5    provision of a local ordinance and the person was an
6    occupant of a motor vehicle at the time of the violation,
7    in which case the suspension shall be for a period of 3
8    months;
9        44. Is under the age of 21 years at the time of arrest
10    and has been convicted of an offense against traffic
11    regulations governing the movement of vehicles after
12    having previously had his or her driving privileges
13    suspended or revoked pursuant to subparagraph 36 of this
14    Section;
15        45. Has, in connection with or during the course of a
16    formal hearing conducted under Section 2-118 of this Code:
17    (i) committed perjury; (ii) submitted fraudulent or
18    falsified documents; (iii) submitted documents that have
19    been materially altered; or (iv) submitted, as his or her
20    own, documents that were in fact prepared or composed for
21    another person;
22        46. Has committed a violation of subsection (j) of
23    Section 3-413 of this Code;
24        47. Has committed a violation of subsection (a) of
25    Section 11-502.1 of this Code;
26        48. Has submitted a falsified or altered medical

 

 

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1    examiner's certificate to the Secretary of State or
2    provided false information to obtain a medical examiner's
3    certificate; or
4        49. Has committed a violation of subsection (b-5) of
5    Section 12-610.2 that resulted in great bodily harm,
6    permanent disability, or disfigurement, in which case the
7    driving privileges shall be suspended for 12 months; .
8        50. 49. Has been convicted of a violation of Section
9    11-1002 or 11-1002.5 that resulted in a Type A injury to
10    another, in which case the person's driving privileges
11    shall be suspended for 12 months; or .
12        51. Has been convicted of a violation of Section
13    11-904, and the violation resulted in a Type A injury to
14    another, in which case the person's driving privileges
15    shall be suspended for 12 months.
16    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
17and 27 of this subsection, license means any driver's license,
18any traffic ticket issued when the person's driver's license
19is deposited in lieu of bail, a suspension notice issued by the
20Secretary of State, a duplicate or corrected driver's license,
21a probationary driver's license, or a temporary driver's
22license.
23    (b) If any conviction forming the basis of a suspension or
24revocation authorized under this Section is appealed, the
25Secretary of State may rescind or withhold the entry of the
26order of suspension or revocation, as the case may be,

 

 

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

 

 

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

 

 

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1the rules of the Secretary of State), issue a restricted
2driving permit granting the privilege of driving a motor
3vehicle between the petitioner's residence and petitioner's
4place of employment or within the scope of the petitioner's
5employment-related employment related duties, or to allow the
6petitioner to transport himself or herself, or a family member
7of the petitioner's household to a medical facility, to
8receive necessary medical care, to allow the petitioner to
9transport himself or herself to and from alcohol or drug
10remedial or rehabilitative activity recommended by a licensed
11service provider, or to allow the petitioner to transport
12himself or herself or a family member of the petitioner's
13household to classes, as a student, at an accredited
14educational institution, or to allow the petitioner to
15transport children, elderly persons, or persons with
16disabilities who do not hold driving privileges and are living
17in the petitioner's household to and from daycare. The
18petitioner must demonstrate that no alternative means of
19transportation is reasonably available and that the petitioner
20will not endanger the public safety or welfare.
21        (A) If a person's license or permit is revoked or
22    suspended due to 2 or more convictions of violating
23    Section 11-501 of this Code or a similar provision of a
24    local ordinance or a similar out-of-state offense, or
25    Section 9-3 of the Criminal Code of 1961 or the Criminal
26    Code of 2012, where the use of alcohol or other drugs is

 

 

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1    recited as an element of the offense, or a similar
2    out-of-state offense, or a combination of these offenses,
3    arising out of separate occurrences, that person, if
4    issued a restricted driving permit, may not operate a
5    vehicle unless it has been equipped with an ignition
6    interlock device as defined in Section 1-129.1.
7        (B) If a person's license or permit is revoked or
8    suspended 2 or more times due to any combination of:
9            (i) a single conviction of violating Section
10        11-501 of this Code or a similar provision of a local
11        ordinance or a similar out-of-state offense or Section
12        9-3 of the Criminal Code of 1961 or the Criminal Code
13        of 2012, where the use of alcohol or other drugs is
14        recited as an element of the offense, or a similar
15        out-of-state offense; or
16            (ii) a statutory summary suspension or revocation
17        under Section 11-501.1; or
18            (iii) a suspension under Section 6-203.1;
19    arising out of separate occurrences; that person, if
20    issued a restricted driving permit, may not operate a
21    vehicle unless it has been equipped with an ignition
22    interlock device as defined in Section 1-129.1.
23        (B-5) If a person's license or permit is revoked or
24    suspended due to a conviction for a violation of
25    subparagraph (C) or (F) of paragraph (1) of subsection (d)
26    of Section 11-501 of this Code, or a similar provision of a

 

 

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1    local ordinance or similar out-of-state offense, 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        (C) The person issued a permit conditioned upon the
6    use of an ignition interlock device must pay to the
7    Secretary of State DUI Administration Fund an amount not
8    to exceed $30 per month. The Secretary shall establish by
9    rule the amount and the procedures, terms, and conditions
10    relating to these fees.
11        (D) If the restricted driving permit is issued for
12    employment purposes, then the prohibition against
13    operating a motor vehicle that is not equipped with an
14    ignition interlock device does not apply to the operation
15    of an occupational vehicle owned or leased by that
16    person's employer when used solely for employment
17    purposes. For any person who, within a 5-year period, is
18    convicted of a second or subsequent offense under Section
19    11-501 of this Code, or a similar provision of a local
20    ordinance or similar out-of-state offense, this employment
21    exemption does not apply until either a one-year period
22    has elapsed during which that person had his or her
23    driving privileges revoked or a one-year period has
24    elapsed during which that person had a restricted driving
25    permit which required the use of an ignition interlock
26    device on every motor vehicle owned or operated by that

 

 

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1    person.
2        (E) In each case the Secretary may issue a restricted
3    driving permit for a period deemed appropriate, except
4    that all permits shall expire no later than 2 years from
5    the date of issuance. A restricted driving permit issued
6    under this Section shall be subject to cancellation,
7    revocation, and suspension by the Secretary of State in
8    like manner and for like cause as a driver's license
9    issued under this Code may be cancelled, revoked, or
10    suspended; except that a conviction upon one or more
11    offenses against laws or ordinances regulating the
12    movement of traffic shall be deemed sufficient cause for
13    the revocation, suspension, or cancellation of a
14    restricted driving permit. The Secretary of State may, as
15    a condition to the issuance of a restricted driving
16    permit, require the applicant to participate in a
17    designated driver remedial or rehabilitative program. The
18    Secretary of State is authorized to cancel a restricted
19    driving permit if the permit holder does not successfully
20    complete the program.
21        (F) A person subject to the provisions of paragraph 4
22    of subsection (b) of Section 6-208 of this Code may make
23    application for a restricted driving permit at a hearing
24    conducted under Section 2-118 of this Code after the
25    expiration of 5 years from the effective date of the most
26    recent revocation or after 5 years from the date of

 

 

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1    release from a period of imprisonment resulting from a
2    conviction of the most recent offense, whichever is later,
3    provided the person, in addition to all other requirements
4    of the Secretary, shows by clear and convincing evidence:
5            (i) a minimum of 3 years of uninterrupted
6        abstinence from alcohol and the unlawful use or
7        consumption of cannabis under the Cannabis Control
8        Act, a controlled substance under the Illinois
9        Controlled Substances Act, an intoxicating compound
10        under the Use of Intoxicating Compounds Act, or
11        methamphetamine under the Methamphetamine Control and
12        Community Protection Act; and
13            (ii) the successful completion of any
14        rehabilitative treatment and involvement in any
15        ongoing rehabilitative activity that may be
16        recommended by a properly licensed service provider
17        according to an assessment of the person's alcohol or
18        drug use under Section 11-501.01 of this Code.
19        In determining whether an applicant is eligible for a
20    restricted driving permit under this subparagraph (F), the
21    Secretary may consider any relevant evidence, including,
22    but not limited to, testimony, affidavits, records, and
23    the results of regular alcohol or drug tests. Persons
24    subject to the provisions of paragraph 4 of subsection (b)
25    of Section 6-208 of this Code and who have been convicted
26    of more than one violation of paragraph (3), paragraph

 

 

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1    (4), or paragraph (5) of subsection (a) of Section 11-501
2    of this Code shall not be eligible to apply for a
3    restricted driving permit under this subparagraph (F).
4        A restricted driving permit issued under this
5    subparagraph (F) shall provide that the holder may only
6    operate motor vehicles equipped with an ignition interlock
7    device as required under paragraph (2) of subsection (c)
8    of Section 6-205 of this Code and subparagraph (A) of
9    paragraph 3 of subsection (c) of this Section. The
10    Secretary may revoke a restricted driving permit or amend
11    the conditions of a restricted driving permit issued under
12    this subparagraph (F) if the holder operates a vehicle
13    that is not equipped with an ignition interlock device, or
14    for any other reason authorized under this Code.
15        A restricted driving permit issued under this
16    subparagraph (F) shall be revoked, and the holder barred
17    from applying for or being issued a restricted driving
18    permit in the future, if the holder is convicted of a
19    violation of Section 11-501 of this Code, a similar
20    provision of a local ordinance, or a similar offense in
21    another state.
22    (c-3) In the case of a suspension under paragraph 43 of
23subsection (a), reports received by the Secretary of State
24under this Section shall, except during the actual time the
25suspension is in effect, be privileged information and for use
26only by the courts, police officers, prosecuting authorities,

 

 

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1the driver licensing administrator of any other state, the
2Secretary of State, or the parent or legal guardian of a driver
3under the age of 18. However, beginning January 1, 2008, if the
4person is a CDL holder, the suspension shall also be made
5available to the driver licensing administrator of any other
6state, the U.S. Department of Transportation, and the affected
7driver or motor carrier or prospective motor carrier upon
8request.
9    (c-4) In the case of a suspension under paragraph 43 of
10subsection (a), the Secretary of State shall notify the person
11by mail that his or her driving privileges and driver's
12license will be suspended one month after the date of the
13mailing of the notice.
14    (c-5) The Secretary of State may, as a condition of the
15reissuance of a driver's license or permit to an applicant
16whose driver's license or permit has been suspended before he
17or she reached the age of 21 years pursuant to any of the
18provisions of this Section, require the applicant to
19participate in a driver remedial education course and be
20retested under Section 6-109 of this Code.
21    (d) This Section is subject to the provisions of the
22Driver Drivers License Compact.
23    (e) The Secretary of State shall not issue a restricted
24driving permit to a person under the age of 16 years whose
25driving privileges have been suspended or revoked under any
26provisions of this Code.

 

 

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1    (f) In accordance with 49 C.F.R. 384, the Secretary of
2State may not issue a restricted driving permit for the
3operation of a commercial motor vehicle to a person holding a
4CDL whose driving privileges have been suspended, revoked,
5cancelled, or disqualified under any provisions of this Code.
6(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
7101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
 
8    (625 ILCS 5/11-904)  (from Ch. 95 1/2, par. 11-904)
9    Sec. 11-904. Vehicle entering stop or yield intersection.
10    (a) Preferential right-of-way at an intersection may be
11indicated by stop or yield signs as authorized in Section
1211-302 of this Chapter.
13    (b) Except when directed to proceed by a police officer or
14traffic-control signal, every driver of a vehicle approaching
15a stop intersection indicated by a stop sign shall stop at a
16clearly marked stop line, but if none, before entering the
17crosswalk on the near side of the intersection, or if none,
18then at the point nearest the intersecting roadway where the
19driver has a view of approaching traffic on the intersecting
20roadway before entering the intersection. After having
21stopped, the driver shall yield the right-of-way to any
22vehicle which has entered the intersection from another
23roadway or which is approaching so closely on the roadway as to
24constitute an immediate hazard during the time when the driver
25is moving across or within the intersection, but said driver

 

 

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1having so yielded may proceed at such time as a safe interval
2occurs.
3    (c) The driver of a vehicle approaching a yield sign shall
4in obedience to such sign slow down to a speed reasonable for
5the existing conditions and, if required for safety to stop,
6shall stop at a clearly marked stop line, but if none, before
7entering the crosswalk on the near side of the intersection,
8or if none, then at the point nearest the intersecting roadway
9where the driver has a view of approaching traffic on the
10intersecting roadway. After slowing or stopping, the driver
11shall yield the right-of-way to any vehicle in the
12intersection or approaching on another roadway so closely as
13to constitute an immediate hazard during the time such driver
14is moving across or within the intersection.
15    (d) If a driver is involved in a collision at an
16intersection or interferes with the movement of other vehicles
17after driving past a yield right-of-way sign, such collision
18or interference shall be deemed prima facie evidence of the
19driver's failure to yield right-of-way.
20    (e) A person who has been convicted of a violation of this
21Section shall have his or her driving privileges suspended for
2212 months if the violation resulted in a Type A injury to
23another.
24(Source: P.A. 76-1739.)