Illinois General Assembly - Full Text of SB3007
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Full Text of SB3007  102nd General Assembly

SB3007enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3007 EnrolledLRB102 21907 RAM 31028 b

1    AN ACT concerning the Secretary of State.
 
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, 6-401, 6-508.1, 6-514, and 6-524 as
6follows:
 
7    (625 ILCS 5/6-206)
8    Sec. 6-206. Discretionary authority to suspend or revoke
9license or permit; right to a hearing.
10    (a) The Secretary of State is authorized to suspend or
11revoke the driving privileges of any person without
12preliminary hearing upon a showing of the person's records or
13other sufficient evidence that the person:
14        1. Has committed an offense for which mandatory
15    revocation of a driver's license or permit is required
16    upon conviction;
17        2. Has been convicted of not less than 3 offenses
18    against traffic regulations governing the movement of
19    vehicles committed within any 12-month period. No
20    revocation or suspension shall be entered more than 6
21    months after the date of last conviction;
22        3. Has been repeatedly involved as a driver in motor
23    vehicle collisions or has been repeatedly convicted of

 

 

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

 

 

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

 

 

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1        14. Has committed a violation of Section 6-301,
2    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
3    14B of the Illinois Identification Card Act or a similar
4    offense in another state if, at the time of the offense,
5    the person held an Illinois driver's license or
6    identification card;
7        15. Has been convicted of violating Section 21-2 of
8    the Criminal Code of 1961 or the Criminal Code of 2012
9    relating to criminal trespass to vehicles if the person
10    exercised actual physical control over the vehicle during
11    the commission of the offense, in which case the
12    suspension shall be for one year;
13        16. Has been convicted of violating Section 11-204 of
14    this Code relating to fleeing from a peace officer;
15        17. Has refused to submit to a test, or tests, as
16    required under Section 11-501.1 of this Code and the
17    person has not sought a hearing as provided for in Section
18    11-501.1;
19        18. (Blank);
20        19. Has committed a violation of paragraph (a) or (b)
21    of Section 6-101 relating to driving without a driver's
22    license;
23        20. Has been convicted of violating Section 6-104
24    relating to classification of driver's license;
25        21. Has been convicted of violating Section 11-402 of
26    this Code relating to leaving the scene of an accident

 

 

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1    resulting in damage to a vehicle in excess of $1,000, in
2    which case the suspension shall be for one year;
3        22. Has used a motor vehicle in violating paragraph
4    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
5    the Criminal Code of 1961 or the Criminal Code of 2012
6    relating to unlawful use of weapons, in which case the
7    suspension shall be for one year;
8        23. Has, as a driver, been convicted of committing a
9    violation of paragraph (a) of Section 11-502 of this Code
10    for a second or subsequent time within one year of a
11    similar violation;
12        24. Has been convicted by a court-martial or punished
13    by non-judicial punishment by military authorities of the
14    United States at a military installation in Illinois or in
15    another state of or for a traffic-related offense that is
16    the same as or similar to an offense specified under
17    Section 6-205 or 6-206 of this Code;
18        25. Has permitted any form of identification to be
19    used by another in the application process in order to
20    obtain or attempt to obtain a license, identification
21    card, or permit;
22        26. Has altered or attempted to alter a license or has
23    possessed an altered license, identification card, or
24    permit;
25        27. (Blank);
26        28. Has been convicted for a first time of the illegal

 

 

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

 

 

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1    year;
2        30. Has been convicted a second or subsequent time for
3    any combination of the offenses named in paragraph 29 of
4    this subsection, in which case the person's driving
5    privileges shall be suspended for 5 years;
6        31. Has refused to submit to a test as required by
7    Section 11-501.6 of this Code or Section 5-16c of the Boat
8    Registration and Safety Act or has submitted to a test
9    resulting in an alcohol concentration of 0.08 or more or
10    any amount of a drug, substance, or compound resulting
11    from the unlawful use or consumption of cannabis as listed
12    in the Cannabis Control Act, a controlled substance as
13    listed in the Illinois Controlled Substances Act, an
14    intoxicating compound as listed in the Use of Intoxicating
15    Compounds Act, or methamphetamine as listed in the
16    Methamphetamine Control and Community Protection Act, in
17    which case the penalty shall be as prescribed in Section
18    6-208.1;
19        32. Has been convicted of Section 24-1.2 of the
20    Criminal Code of 1961 or the Criminal Code of 2012
21    relating to the aggravated discharge of a firearm if the
22    offender was located in a motor vehicle at the time the
23    firearm was discharged, in which case the suspension shall
24    be for 3 years;
25        33. Has as a driver, who was less than 21 years of age
26    on the date of the offense, been convicted a first time of

 

 

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1    a violation of paragraph (a) of Section 11-502 of this
2    Code or a similar provision of a local ordinance;
3        34. Has committed a violation of Section 11-1301.5 of
4    this Code or a similar provision of a local ordinance;
5        35. Has committed a violation of Section 11-1301.6 of
6    this Code or a similar provision of a local ordinance;
7        36. Is under the age of 21 years at the time of arrest
8    and has been convicted of not less than 2 offenses against
9    traffic regulations governing the movement of vehicles
10    committed within any 24-month period. No revocation or
11    suspension shall be entered more than 6 months after the
12    date of last conviction;
13        37. Has committed a violation of subsection (c) of
14    Section 11-907 of this Code that resulted in damage to the
15    property of another or the death or injury of another;
16        38. Has been convicted of a violation of Section 6-20
17    of the Liquor Control Act of 1934 or a similar provision of
18    a local ordinance and the person was an occupant of a motor
19    vehicle at the time of the violation;
20        39. Has committed a second or subsequent violation of
21    Section 11-1201 of this Code;
22        40. Has committed a violation of subsection (a-1) of
23    Section 11-908 of this Code;
24        41. Has committed a second or subsequent violation of
25    Section 11-605.1 of this Code, a similar provision of a
26    local ordinance, or a similar violation in any other state

 

 

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1    within 2 years of the date of the previous violation, in
2    which case the suspension shall be for 90 days;
3        42. Has committed a violation of subsection (a-1) of
4    Section 11-1301.3 of this Code or a similar provision of a
5    local ordinance;
6        43. Has received a disposition of court supervision
7    for a violation of subsection (a), (d), or (e) of Section
8    6-20 of the Liquor Control Act of 1934 or a similar
9    provision of a local ordinance and the person was an
10    occupant of a motor vehicle at the time of the violation,
11    in which case the suspension shall be for a period of 3
12    months;
13        44. Is under the age of 21 years at the time of arrest
14    and has been convicted of an offense against traffic
15    regulations governing the movement of vehicles after
16    having previously had his or her driving privileges
17    suspended or revoked pursuant to subparagraph 36 of this
18    Section;
19        45. Has, in connection with or during the course of a
20    formal hearing conducted under Section 2-118 of this Code:
21    (i) committed perjury; (ii) submitted fraudulent or
22    falsified documents; (iii) submitted documents that have
23    been materially altered; or (iv) submitted, as his or her
24    own, documents that were in fact prepared or composed for
25    another person;
26        46. Has committed a violation of subsection (j) of

 

 

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1    Section 3-413 of this Code;
2        47. Has committed a violation of subsection (a) of
3    Section 11-502.1 of this Code;
4        48. Has submitted a falsified or altered medical
5    examiner's certificate to the Secretary of State or
6    provided false information to obtain a medical examiner's
7    certificate;
8        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 driving privileges of the
11    person shall be suspended for 12 months; or
12        50. Has committed a violation of subsection (b-5) of
13    Section 12-610.2 that resulted in great bodily harm,
14    permanent disability, or disfigurement, in which case the
15    driving privileges of the person shall be suspended for 12
16    months; .; or 50
17        51. Has committed a violation of Section 10-15 Of the
18    Cannabis Regulation and Tax Act or a similar provision of
19    a local ordinance while in a motor vehicle; or
20        52. Has committed a violation of subsection (b) of
21    Section 10-20 of the Cannabis Regulation and Tax Act or a
22    similar provision of a local ordinance.
23    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
24and 27 of this subsection, license means any driver's license,
25any traffic ticket issued when the person's driver's license
26is deposited in lieu of bail, a suspension notice issued by the

 

 

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

 

 

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1regular occupation. All other driving privileges shall be
2suspended by the Secretary of State. Any driver prior to
3operating a vehicle for occupational purposes only must submit
4the affidavit on forms to be provided by the Secretary of State
5setting forth the facts of the person's occupation. The
6affidavit shall also state the number of offenses committed
7while operating a vehicle in connection with the driver's
8regular occupation. The affidavit shall be accompanied by the
9driver's license. Upon receipt of a properly completed
10affidavit, the Secretary of State shall issue the driver a
11permit to operate a vehicle in connection with the driver's
12regular occupation only. Unless the permit is issued by the
13Secretary of State prior to the date of suspension, the
14privilege to drive any motor vehicle shall be suspended as set
15forth in the notice that was mailed under this Section. If an
16affidavit is received subsequent to the effective date of this
17suspension, a permit may be issued for the remainder of the
18suspension period.
19    The provisions of this subparagraph shall not apply to any
20driver required to possess a CDL for the purpose of operating a
21commercial motor vehicle.
22    Any person who falsely states any fact in the affidavit
23required herein shall be guilty of perjury under Section 6-302
24and upon conviction thereof shall have all driving privileges
25revoked without further rights.
26    3. At the conclusion of a hearing under Section 2-118 of

 

 

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1this Code, the Secretary of State shall either rescind or
2continue an order of revocation or shall substitute an order
3of suspension; or, good cause appearing therefor, rescind,
4continue, change, or extend the order of suspension. If the
5Secretary of State does not rescind the order, the Secretary
6may upon application, to relieve undue hardship (as defined by
7the rules of the Secretary of State), issue a restricted
8driving permit granting the privilege of driving a motor
9vehicle between the petitioner's residence and petitioner's
10place of employment or within the scope of the petitioner's
11employment-related duties, or to allow the petitioner to
12transport himself or herself, or a family member of the
13petitioner's household to a medical facility, to receive
14necessary medical care, to allow the petitioner to transport
15himself or herself to and from alcohol or drug remedial or
16rehabilitative activity recommended by a licensed service
17provider, or to allow the petitioner to transport himself or
18herself or a family member of the petitioner's household to
19classes, as a student, at an accredited educational
20institution, or to allow the petitioner to transport children,
21elderly persons, or persons with disabilities who do not hold
22driving privileges and are living in the petitioner's
23household to and from daycare. The petitioner must demonstrate
24that no alternative means of transportation is reasonably
25available and that the petitioner will not endanger the public
26safety or welfare.

 

 

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

 

 

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1    vehicle unless it has been equipped with an ignition
2    interlock device as defined in Section 1-129.1.
3        (B-5) If a person's license or permit is revoked or
4    suspended due to a conviction for a violation of
5    subparagraph (C) or (F) of paragraph (1) of subsection (d)
6    of Section 11-501 of this Code, or a similar provision of a
7    local ordinance or similar out-of-state offense, that
8    person, if issued a restricted driving permit, may not
9    operate a vehicle unless it has been equipped with an
10    ignition interlock device as defined in Section 1-129.1.
11        (C) The person issued a permit conditioned upon the
12    use of an ignition interlock device must pay to the
13    Secretary of State DUI Administration Fund an amount not
14    to exceed $30 per month. The Secretary shall establish by
15    rule the amount and the procedures, terms, and conditions
16    relating to these fees.
17        (D) If the restricted driving permit is issued for
18    employment purposes, then the prohibition against
19    operating a motor vehicle that is not equipped with an
20    ignition interlock device does not apply to the operation
21    of an occupational vehicle owned or leased by that
22    person's employer when used solely for employment
23    purposes. For any person who, within a 5-year period, is
24    convicted of a second or subsequent offense under Section
25    11-501 of this Code, or a similar provision of a local
26    ordinance or similar out-of-state offense, this employment

 

 

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1    exemption does not apply until either a one-year period
2    has elapsed during which that person had his or her
3    driving privileges revoked or a one-year period has
4    elapsed during which that person had a restricted driving
5    permit which required the use of an ignition interlock
6    device on every motor vehicle owned or operated by that
7    person.
8        (E) In each case the Secretary may issue a restricted
9    driving permit for a period deemed appropriate, except
10    that all permits shall expire no later than 2 years from
11    the date of issuance. A restricted driving permit issued
12    under this Section shall be subject to cancellation,
13    revocation, and suspension by the Secretary of State in
14    like manner and for like cause as a driver's license
15    issued under this Code may be cancelled, revoked, or
16    suspended; except that a conviction upon one or more
17    offenses against laws or ordinances regulating the
18    movement of traffic shall be deemed sufficient cause for
19    the revocation, suspension, or cancellation of a
20    restricted driving permit. The Secretary of State may, as
21    a condition to the issuance of a restricted driving
22    permit, require the applicant to participate in a
23    designated driver remedial or rehabilitative program. The
24    Secretary of State is authorized to cancel a restricted
25    driving permit if the permit holder does not successfully
26    complete the program.

 

 

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1        (F) A person subject to the provisions of paragraph 4
2    of subsection (b) of Section 6-208 of this Code may make
3    application for a restricted driving permit at a hearing
4    conducted under Section 2-118 of this Code after the
5    expiration of 5 years from the effective date of the most
6    recent revocation or after 5 years from the date of
7    release from a period of imprisonment resulting from a
8    conviction of the most recent offense, whichever is later,
9    provided the person, in addition to all other requirements
10    of the Secretary, shows by clear and convincing evidence:
11            (i) a minimum of 3 years of uninterrupted
12        abstinence from alcohol and the unlawful use or
13        consumption of cannabis under the Cannabis Control
14        Act, a controlled substance under the Illinois
15        Controlled Substances Act, an intoxicating compound
16        under the Use of Intoxicating Compounds Act, or
17        methamphetamine under the Methamphetamine Control and
18        Community Protection Act; and
19            (ii) the successful completion of any
20        rehabilitative treatment and involvement in any
21        ongoing rehabilitative activity that may be
22        recommended by a properly licensed service provider
23        according to an assessment of the person's alcohol or
24        drug use under Section 11-501.01 of this Code.
25        In determining whether an applicant is eligible for a
26    restricted driving permit under this subparagraph (F), the

 

 

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1    Secretary may consider any relevant evidence, including,
2    but not limited to, testimony, affidavits, records, and
3    the results of regular alcohol or drug tests. Persons
4    subject to the provisions of paragraph 4 of subsection (b)
5    of Section 6-208 of this Code and who have been convicted
6    of more than one violation of paragraph (3), paragraph
7    (4), or paragraph (5) of subsection (a) of Section 11-501
8    of this Code shall not be eligible to apply for a
9    restricted driving permit under this subparagraph (F).
10        A restricted driving permit issued under this
11    subparagraph (F) shall provide that the holder may only
12    operate motor vehicles equipped with an ignition interlock
13    device as required under paragraph (2) of subsection (c)
14    of Section 6-205 of this Code and subparagraph (A) of
15    paragraph 3 of subsection (c) of this Section. The
16    Secretary may revoke a restricted driving permit or amend
17    the conditions of a restricted driving permit issued under
18    this subparagraph (F) if the holder operates a vehicle
19    that is not equipped with an ignition interlock device, or
20    for any other reason authorized under this Code.
21        A restricted driving permit issued under this
22    subparagraph (F) shall be revoked, and the holder barred
23    from applying for or being issued a restricted driving
24    permit in the future, if the holder is convicted of a
25    violation of Section 11-501 of this Code, a similar
26    provision of a local ordinance, or a similar offense in

 

 

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1    another state.
2    (c-3) In the case of a suspension under paragraph 43 of
3subsection (a), reports received by the Secretary of State
4under this Section shall, except during the actual time the
5suspension is in effect, be privileged information and for use
6only by the courts, police officers, prosecuting authorities,
7the driver licensing administrator of any other state, the
8Secretary of State, or the parent or legal guardian of a driver
9under the age of 18. However, beginning January 1, 2008, if the
10person is a CDL holder, the suspension shall also be made
11available to the driver licensing administrator of any other
12state, the U.S. Department of Transportation, and the affected
13driver or motor carrier or prospective motor carrier upon
14request.
15    (c-4) In the case of a suspension under paragraph 43 of
16subsection (a), the Secretary of State shall notify the person
17by mail that his or her driving privileges and driver's
18license will be suspended one month after the date of the
19mailing of the notice.
20    (c-5) The Secretary of State may, as a condition of the
21reissuance of a driver's license or permit to an applicant
22whose driver's license or permit has been suspended before he
23or she reached the age of 21 years pursuant to any of the
24provisions of this Section, require the applicant to
25participate in a driver remedial education course and be
26retested under Section 6-109 of this Code.

 

 

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1    (d) This Section is subject to the provisions of the
2Driver License Compact.
3    (e) The Secretary of State shall not issue a restricted
4driving permit to a person under the age of 16 years whose
5driving privileges have been suspended or revoked under any
6provisions of this Code.
7    (f) In accordance with 49 CFR C.F.R. 384, the Secretary of
8State may not issue a restricted driving permit for the
9operation of a commercial motor vehicle to a person holding a
10CDL whose driving privileges have been suspended, revoked,
11cancelled, or disqualified under any provisions of this Code.
12(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
13101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
148-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
 
15    (625 ILCS 5/6-401)  (from Ch. 95 1/2, par. 6-401)
16    Sec. 6-401. Driver training schools-license required.
17    (a) No person, firm, association, partnership or
18corporation shall operate a driver training school or engage
19in the business of giving instruction for hire or for a fee in
20(1) the driving of motor vehicles; or (2) the preparation of an
21applicant for examination given by the Secretary of State for
22a drivers license or permit, unless a license therefor has
23been issued by the Secretary. No public schools or educational
24institutions shall contract with entities engaged in the
25business of giving instruction for hire or for a fee in the

 

 

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1driving of motor vehicles for the preparation of an applicant
2for examination given by the Secretary of State for a driver's
3license or permit, unless a license therefor has been issued
4by the Secretary.
5    This subsection (a) shall not apply to (i) public schools
6or to educational institutions in which driving instruction is
7part of the curriculum, (ii) employers giving instruction to
8their employees, or (iii) schools that teach enhanced driving
9skills to licensed drivers as set forth in Article X of Chapter
106 of this Code, or (iv) driver rehabilitation specialists or
11programs in which the clients of the rehabilitation
12specialists or programs have previously held driver's
13licenses.
14    (b) Any person, firm, association, partnership, or
15corporation that violates subsection (a) of this Section shall
16be guilty of a Class A misdemeanor for a first offense and a
17Class 4 felony for a second or subsequent offense.
18(Source: P.A. 100-409, eff. 8-25-17.)
 
19    (625 ILCS 5/6-508.1)
20    Sec. 6-508.1. Medical examiner's certificate.
21    (a) It shall be unlawful for any person to drive a CMV in
22non-excepted interstate commerce unless the person holds a CLP
23or CDL and is medically certified as physically qualified to
24do so.
25    (b) No person who has certified to non-excepted interstate

 

 

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1driving as provided in Sections 6-507.5 and 6-508 of this Code
2shall be issued a CLP or CDL unless that person has a current
3medical examiner's certificate on the CDLIS driver record.
4    (c) (Blank).
5    (d) On and after January 30, 2014, all persons who hold a
6commercial driver instruction permit or CDL who have certified
7as non-excepted interstate shall maintain a current medical
8examiner's certificate on file with the Secretary. On and
9after July 1, 2014, all persons issued a CLP who have certified
10as non-excepted interstate shall maintain a current medical
11examiner's certificate on file with the Secretary.
12    (e) Before June 22, 2025 2021, the Secretary shall post
13the following to the CDLIS driver record within 10 calendar
14days of receipt of a medical examiner's certificate of a
15driver who has certified as non-excepted interstate:
16        (1) the medical examiner's name;
17        (2) the medical examiner's telephone number;
18        (3) the date of issuance of the medical examiner's
19    certificate;
20        (4) the medical examiner's license number and the
21    state that issued it;
22        (5) the medical certification status;
23        (6) the expiration date of the medical examiner's
24    certificate;
25        (7) the existence of any medical variance on the
26    medical examiner's certificate, including, but not limited

 

 

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1    to, an exemption, Skills Performance Evaluation
2    certification, issuance and expiration date of the medical
3    variance, or any grandfather provisions;
4        (8) any restrictions noted on the medical examiner's
5    certificate;
6        (9) the date the medical examiner's certificate
7    information was posted to the CDLIS driver record; and
8        (10) the medical examiner's National Registry of
9    Certified Medical Examiners identification number.
10    (e-5) Beginning June 23, 2025 22, 2021, the Secretary
11shall post the following to the CDLIS driver record within one
12business day of electronic receipt from the Federal Motor
13Carrier Safety Administration of a driver's identification,
14examination results, restriction information, and medical
15variance information resulting from an examination performed
16by a medical examiner on the National Registry of Certified
17Medical Examiners for any driver who has certified as
18non-excepted interstate:
19        (1) the medical examiner's name;
20        (2) the medical examiner's telephone number;
21        (3) the date of issuance of the medical examiner's
22    certificate;
23        (4) the medical examiner's license number and the
24    state that issued it;
25        (5) the medical certification status;
26        (6) the expiration date of the medical examiner's

 

 

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1    certificate;
2        (7) the existence of any medical variance on the
3    medical examiner's certificate, including, but not limited
4    to, an exemption, Skills Performance Evaluation
5    certification, issue and expiration date of a medical
6    variance, or any grandfather provisions;
7        (8) any restrictions noted on the medical examiner's
8    certificate;
9        (9) the date the medical examiner's certificate
10    information was posted to the CDLIS driver record; and
11        (10) the medical examiner's National Registry of
12    Certified Medical Examiners identification number.
13    (f) Within 10 calendar days of the expiration or
14rescission of the driver's medical examiner's certificate or
15medical variance or both, the Secretary shall update the
16medical certification status to "not certified".
17    (g) Within 10 calendar days of receipt of information from
18the Federal Motor Carrier Safety Administration regarding
19issuance or renewal of a medical variance, the Secretary shall
20update the CDLIS driver record to include the medical variance
21information provided by the Federal Motor Carrier Safety
22Administration.
23    (g-5) Beginning June 22, 2021, within one business day of
24electronic receipt of information from the Federal Motor
25Carrier Safety Administration regarding issuance or renewal of
26a medical variance, the Secretary shall update the CDLIS

 

 

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1driver record to include the medical variance information
2provided by the Federal Motor Carrier Safety Administration.
3    (h) The Secretary shall notify the driver of his or her
4non-certified status and that his or her CDL will be canceled
5unless the driver submits a current medical examiner's
6certificate or medical variance or changes his or her
7self-certification to driving only in excepted or intrastate
8commerce.
9    (i) Within 60 calendar days of a driver's medical
10certification status becoming non-certified, the Secretary
11shall cancel the CDL.
12    (j) As required under the Code of Federal Regulations 49
13CFR 390.39, an operator of a covered farm vehicle, as defined
14under Section 18b-101 of this Code, is exempt from the
15requirements of this Section.
16    (k) For purposes of ensuring a person is medically fit to
17drive a commercial motor vehicle, the Secretary may release
18medical information provided by an applicant or a holder of a
19CDL or CLP to the Federal Motor Carrier Safety Administration.
20Medical information includes, but is not limited to, a medical
21examiner's certificate, a medical report that the Secretary
22requires to be submitted, statements regarding medical
23conditions made by an applicant or a holder of a CDL or CLP, or
24statements made by his or her physician.
25(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20.)
 

 

 

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1    (625 ILCS 5/6-514)  (from Ch. 95 1/2, par. 6-514)
2    Sec. 6-514. Commercial driver's license (CDL); commercial
3learner's permit (CLP); disqualifications.
4    (a) A person shall be disqualified from driving a
5commercial motor vehicle for a period of not less than 12
6months for the first violation of:
7        (1) Refusing to submit to or failure to complete a
8    test or tests to determine the driver's blood
9    concentration of alcohol, other drug, or both while
10    driving a commercial motor vehicle or, if the driver is a
11    CLP or CDL holder, while driving a non-CMV; or
12        (2) Operating a commercial motor vehicle while the
13    alcohol concentration of the person's blood, breath, other
14    bodily substance, or urine is at least 0.04, or any amount
15    of a drug, substance, or compound in the person's blood,
16    other bodily substance, or urine resulting from the
17    unlawful use or consumption of cannabis listed in the
18    Cannabis Control Act, a controlled substance listed in the
19    Illinois Controlled Substances Act, or methamphetamine as
20    listed in the Methamphetamine Control and Community
21    Protection Act as indicated by a police officer's sworn
22    report or other verified evidence; or operating a
23    non-commercial motor vehicle while the alcohol
24    concentration of the person's blood, breath, other bodily
25    substance, or urine was above the legal limit defined in
26    Section 11-501.1 or 11-501.8 or any amount of a drug,

 

 

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1    substance, or compound in the person's blood, other bodily
2    substance, or urine resulting from the unlawful use or
3    consumption of cannabis listed in the Cannabis Control
4    Act, a controlled substance listed in the Illinois
5    Controlled Substances Act, or methamphetamine as listed in
6    the Methamphetamine Control and Community Protection Act
7    as indicated by a police officer's sworn report or other
8    verified evidence while holding a CLP or CDL; or
9        (3) Conviction for a first violation of:
10            (i) Driving a commercial motor vehicle or, if the
11        driver is a CLP or CDL holder, driving a non-CMV while
12        under the influence of alcohol, or any other drug, or
13        combination of drugs to a degree which renders such
14        person incapable of safely driving; or
15            (ii) Knowingly leaving the scene of an accident
16        while operating a commercial motor vehicle or, if the
17        driver is a CLP or CDL holder, while driving a non-CMV;
18        or
19            (iii) Driving a commercial motor vehicle or, if
20        the driver is a CLP or CDL holder, driving a non-CMV
21        while committing any felony; or
22            (iv) Driving a commercial motor vehicle while the
23        person's driving privileges or driver's license or
24        permit is revoked, suspended, or cancelled or the
25        driver is disqualified from operating a commercial
26        motor vehicle; or

 

 

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1            (v) Causing a fatality through the negligent
2        operation of a commercial motor vehicle, including but
3        not limited to the crimes of motor vehicle
4        manslaughter, homicide by a motor vehicle, and
5        negligent homicide.
6            As used in this subdivision (a)(3)(v), "motor
7        vehicle manslaughter" means the offense of involuntary
8        manslaughter if committed by means of a vehicle;
9        "homicide by a motor vehicle" means the offense of
10        first degree murder or second degree murder, if either
11        offense is committed by means of a vehicle; and
12        "negligent homicide" means reckless homicide under
13        Section 9-3 of the Criminal Code of 1961 or the
14        Criminal Code of 2012 and aggravated driving under the
15        influence of alcohol, other drug or drugs,
16        intoxicating compound or compounds, or any combination
17        thereof under subdivision (d)(1)(F) of Section 11-501
18        of this Code.
19        If any of the above violations or refusals occurred
20    while transporting hazardous material(s) required to be
21    placarded, the person shall be disqualified for a period
22    of not less than 3 years; or
23        (4) (Blank).
24    (b) A person is disqualified for life for a second
25conviction of any of the offenses specified in paragraph (a),
26or any combination of those offenses, arising from 2 or more

 

 

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1separate incidents.
2    (c) A person is disqualified from driving a commercial
3motor vehicle for life if the person either (i) uses a
4commercial motor vehicle in the commission of any felony
5involving the manufacture, distribution, or dispensing of a
6controlled substance, or possession with intent to
7manufacture, distribute or dispense a controlled substance or
8(ii) if the person is a CLP or CDL holder, uses a non-CMV in
9the commission of a felony involving any of those activities.
10    (d) The Secretary of State may, when the United States
11Secretary of Transportation so authorizes, issue regulations
12in which a disqualification for life under paragraph (b) may
13be reduced to a period of not less than 10 years. If a
14reinstated driver is subsequently convicted of another
15disqualifying offense, as specified in subsection (a) of this
16Section, he or she shall be permanently disqualified for life
17and shall be ineligible to again apply for a reduction of the
18lifetime disqualification.
19    (e) A person is disqualified from driving a commercial
20motor vehicle for a period of not less than 2 months if
21convicted of 2 serious traffic violations, committed in a
22commercial motor vehicle, non-CMV while holding a CLP or CDL,
23or any combination thereof, arising from separate incidents,
24occurring within a 3-year 3 year period, provided the serious
25traffic violation committed in a non-CMV would result in the
26suspension or revocation of the CLP or CDL holder's non-CMV

 

 

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1privileges. However, a person will be disqualified from
2driving a commercial motor vehicle for a period of not less
3than 4 months if convicted of 3 serious traffic violations,
4committed in a commercial motor vehicle, non-CMV while holding
5a CLP or CDL, or any combination thereof, arising from
6separate incidents, occurring within a 3-year 3 year period,
7provided the serious traffic violation committed in a non-CMV
8would result in the suspension or revocation of the CLP or CDL
9holder's non-CMV privileges. If all the convictions occurred
10in a non-CMV, the disqualification shall be entered only if
11the convictions would result in the suspension or revocation
12of the CLP or CDL holder's non-CMV privileges.
13    (e-1) (Blank).
14    (f) Notwithstanding any other provision of this Code, any
15driver disqualified from operating a commercial motor vehicle,
16pursuant to this UCDLA, shall not be eligible for restoration
17of commercial driving privileges during any such period of
18disqualification.
19    (g) After suspending, revoking, or cancelling a CLP or
20CDL, the Secretary of State must update the driver's records
21to reflect such action within 10 days. After suspending or
22revoking the driving privilege of any person who has been
23issued a CLP or CDL from another jurisdiction, the Secretary
24shall originate notification to such issuing jurisdiction
25within 10 days.
26    (h) The "disqualifications" referred to in this Section

 

 

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1shall not be imposed upon any commercial motor vehicle driver,
2by the Secretary of State, unless the prohibited action(s)
3occurred after March 31, 1992.
4    (i) A person is disqualified from driving a commercial
5motor vehicle in accordance with the following:
6        (1) For 6 months upon a first conviction of paragraph
7    (2) of subsection (b) or subsection (b-3) of Section 6-507
8    of this Code.
9        (2) For 2 years upon a second conviction of paragraph
10    (2) of subsection (b) or subsection (b-3) or any
11    combination of paragraphs (2) or (3) of subsection (b) or
12    subsections (b-3) or (b-5) of Section 6-507 of this Code
13    within a 10-year period if the second conviction is a
14    violation of paragraph (2) of subsection (b) or subsection
15    (b-3).
16        (3) For 3 years upon a third or subsequent conviction
17    of paragraph (2) of subsection (b) or subsection (b-3) or
18    any combination of paragraphs (2) or (3) of subsection (b)
19    or subsections (b-3) or (b-5) of Section 6-507 of this
20    Code within a 10-year period if the third or subsequent
21    conviction is a violation of paragraph (2) of subsection
22    (b) or subsection (b-3).
23        (4) For one year upon a first conviction of paragraph
24    (3) of subsection (b) or subsection (b-5) of Section 6-507
25    of this Code.
26        (5) For 3 years upon a second conviction of paragraph

 

 

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1    (3) of subsection (b) or subsection (b-5) or any
2    combination of paragraphs (2) or (3) of subsection (b) or
3    subsections (b-3) or (b-5) of Section 6-507 of this Code
4    within a 10-year period if the second conviction is a
5    violation of paragraph (3) of subsection (b) or (b-5).
6        (6) For 5 years upon a third or subsequent conviction
7    of paragraph (3) of subsection (b) or subsection (b-5) or
8    any combination of paragraphs (2) or (3) of subsection (b)
9    or subsections (b-3) or (b-5) of Section 6-507 of this
10    Code within a 10-year period if the third or subsequent
11    conviction is a violation of paragraph (3) of subsection
12    (b) or (b-5).
13    (j) Disqualification for railroad-highway grade crossing
14violation.
15        (1) General rule. A driver who is convicted of a
16    violation of a federal, State, or local law or regulation
17    pertaining to one of the following 6 offenses at a
18    railroad-highway grade crossing must be disqualified from
19    operating a commercial motor vehicle for the period of
20    time specified in paragraph (2) of this subsection (j) if
21    the offense was committed while operating a commercial
22    motor vehicle:
23            (i) For drivers who are not required to always
24        stop, failing to slow down and check that the tracks
25        are clear of an approaching train or railroad track
26        equipment, as described in subsection (a-5) of Section

 

 

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1        11-1201 of this Code;
2            (ii) For drivers who are not required to always
3        stop, failing to stop before reaching the crossing, if
4        the tracks are not clear, as described in subsection
5        (a) of Section 11-1201 of this Code;
6            (iii) For drivers who are always required to stop,
7        failing to stop before driving onto the crossing, as
8        described in Section 11-1202 of this Code;
9            (iv) For all drivers, failing to have sufficient
10        space to drive completely through the crossing without
11        stopping, as described in subsection (b) of Section
12        11-1425 of this Code;
13            (v) For all drivers, failing to obey a traffic
14        control device or the directions of an enforcement
15        official at the crossing, as described in subdivision
16        (a)2 of Section 11-1201 of this Code;
17            (vi) For all drivers, failing to negotiate a
18        crossing because of insufficient undercarriage
19        clearance, as described in subsection (d-1) of Section
20        11-1201 of this Code.
21        (2) Duration of disqualification for railroad-highway
22    grade crossing violation.
23            (i) First violation. A driver must be disqualified
24        from operating a commercial motor vehicle for not less
25        than 60 days if the driver is convicted of a violation
26        described in paragraph (1) of this subsection (j) and,

 

 

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1        in the three-year period preceding the conviction, the
2        driver had no convictions for a violation described in
3        paragraph (1) of this subsection (j).
4            (ii) Second violation. A driver must be
5        disqualified from operating a commercial motor vehicle
6        for not less than 120 days if the driver is convicted
7        of a violation described in paragraph (1) of this
8        subsection (j) and, in the three-year period preceding
9        the conviction, the driver had one other conviction
10        for a violation described in paragraph (1) of this
11        subsection (j) that was committed in a separate
12        incident.
13            (iii) Third or subsequent violation. A driver must
14        be disqualified from operating a commercial motor
15        vehicle for not less than one year if the driver is
16        convicted of a violation described in paragraph (1) of
17        this subsection (j) and, in the three-year period
18        preceding the conviction, the driver had 2 or more
19        other convictions for violations described in
20        paragraph (1) of this subsection (j) that were
21        committed in separate incidents.
22    (k) Upon notification of a disqualification of a driver's
23commercial motor vehicle privileges imposed by the U.S.
24Department of Transportation, Federal Motor Carrier Safety
25Administration, in accordance with 49 CFR C.F.R. 383.52, the
26Secretary of State shall immediately record to the driving

 

 

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1record the notice of disqualification and confirm to the
2driver the action that has been taken.
3    (l) A foreign commercial driver is subject to
4disqualification under this Section.
5    (m) A person shall be disqualified from operating a
6commercial motor vehicle for life if that individual uses a
7commercial motor vehicle in the commission of a felony
8involving an act or practice of severe forms of human
9trafficking, as defined in 22 U.S.C. 7102(11).
10(Source: P.A. 98-122, eff. 1-1-14; 98-176 (see Section 10 of
11P.A. 98-722 and Section 10 of P.A. 99-414 for the effective
12date of changes made by P.A. 98-176); 98-722, eff. 7-16-14;
1398-756, eff. 7-16-14; 98-1172, eff. 1-12-15; 99-697, eff.
147-29-16.)
 
15    (625 ILCS 5/6-524)  (from Ch. 95 1/2, par. 6-524)
16    Sec. 6-524. Penalties.
17    (a) Every person convicted of violating any provision of
18this UCDLA for which another penalty is not provided shall for
19a first offense be guilty of a petty offense; and for a second
20conviction for any offense committed within 3 years of any
21previous offense, shall be guilty of a Class B misdemeanor.
22    (b) Any person convicted of violating subsection (b) of
23Section 6-506 of this Code shall be subject to a civil penalty
24as set forth in 49 CFR Part 386, Appendix B of not more than
25$10,000.

 

 

SB3007 Enrolled- 36 -LRB102 21907 RAM 31028 b

1    (c) Any person or employer convicted of violating
2paragraph (5) of subsection (a) or subsection (b-3) or (b-5)
3of Section 6-506 shall be subject to a civil penalty as set
4forth in 49 CFR Part 386, Appendix B of not less than $2,750
5nor more than $25,000.
6    (d) Any person convicted of violating paragraph (2) or (3)
7of subsection (b) or subsection (b-3) or (b-5) of Section
86-507 shall be subject to a civil penalty as set forth in 49
9CFR Part 386, Appendix B of not less than $2,750 nor more than
10$25,000 for a first conviction and not less than $5,000 nor
11more than $25,000 for a second conviction.
12(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10;
1396-1080, eff. 7-16-10.)
 
14    Section 10. The Probate Act of 1975 is amended by adding
15Section 11a-25 as follows:
 
16    (755 ILCS 5/11a-25 new)
17    Sec. 11a-25. Notification; Secretary of State. When a
18court adjudges a respondent to be a person with a disability
19and appoints a plenary guardian for that person under this
20Article pursuant to subsection (c) of Section 11a-12 or enters
21an order under this Article finding that the respondent should
22not operate a motor vehicle, the court shall direct the
23circuit court clerk to notify the Secretary of State's Driver
24Services Department, in a form and manner prescribed by the

 

 

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1Secretary of State, and shall forward a copy of the court order
2to the Secretary of State's Driver Services Department no
3later than 7 days after the entry of the order.