Illinois General Assembly - Full Text of SB0967
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Full Text of SB0967  97th General Assembly

SB0967eng 97TH GENERAL ASSEMBLY



 


 
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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 changing
5Sections 6-205 and 6-206 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver's conviction of any of the following offenses:
13        1. Reckless homicide resulting from the operation of a
14    motor vehicle;
15        2. Violation of Section 11-501 of this Code or a
16    similar provision of a local ordinance relating to the
17    offense of operating or being in physical control of a
18    vehicle while under the influence of alcohol, other drug or
19    drugs, intoxicating compound or compounds, or any
20    combination thereof;
21        3. Any felony under the laws of any State or the
22    federal government in the commission of which a motor
23    vehicle was used;

 

 

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1        4. Violation of Section 11-401 of this Code relating to
2    the offense of leaving the scene of a traffic accident
3    involving death or personal injury;
4        5. Perjury or the making of a false affidavit or
5    statement under oath to the Secretary of State under this
6    Code or under any other law relating to the ownership or
7    operation of motor vehicles;
8        6. Conviction upon 3 charges of violation of Section
9    11-503 of this Code relating to the offense of reckless
10    driving committed within a period of 12 months;
11        7. Conviction of any offense defined in Section 4-102
12    of this Code;
13        8. Violation of Section 11-504 of this Code relating to
14    the offense of drag racing;
15        9. Violation of Chapters 8 and 9 of this Code;
16        10. Violation of Section 12-5 of the Criminal Code of
17    1961 arising from the use of a motor vehicle;
18        11. Violation of Section 11-204.1 of this Code relating
19    to aggravated fleeing or attempting to elude a peace
20    officer;
21        12. Violation of paragraph (1) of subsection (b) of
22    Section 6-507, or a similar law of any other state,
23    relating to the unlawful operation of a commercial motor
24    vehicle;
25        13. Violation of paragraph (a) of Section 11-502 of
26    this Code or a similar provision of a local ordinance if

 

 

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1    the driver has been previously convicted of a violation of
2    that Section or a similar provision of a local ordinance
3    and the driver was less than 21 years of age at the time of
4    the offense;
5        14. Violation of paragraph (a) of Section 11-506 of
6    this Code or a similar provision of a local ordinance
7    relating to the offense of street racing;
8        15. A second or subsequent conviction of driving while
9    the person's driver's license, permit or privileges was
10    revoked for reckless homicide or a similar out-of-state
11    offense;
12        16. Any offense against any provision in this Code, or
13    any local ordinance, regulating the movement of traffic
14    when that offense was the proximate cause of the death of
15    any person. Any person whose driving privileges have been
16    revoked pursuant to this paragraph may seek to have the
17    revocation terminated or to have the length of revocation
18    reduced by requesting an administrative hearing with the
19    Secretary of State prior to the projected driver's license
20    application eligibility date.
21    (b) The Secretary of State shall also immediately revoke
22the license or permit of any driver in the following
23situations:
24        1. Of any minor upon receiving the notice provided for
25    in Section 5-901 of the Juvenile Court Act of 1987 that the
26    minor has been adjudicated under that Act as having

 

 

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1    committed an offense relating to motor vehicles prescribed
2    in Section 4-103 of this Code;
3        2. Of any person when any other law of this State
4    requires either the revocation or suspension of a license
5    or permit;
6        3. Of any person adjudicated under the Juvenile Court
7    Act of 1987 based on an offense determined to have been
8    committed in furtherance of the criminal activities of an
9    organized gang as provided in Section 5-710 of that Act,
10    and that involved the operation or use of a motor vehicle
11    or the use of a driver's license or permit. The revocation
12    shall remain in effect for the period determined by the
13    court. Upon the direction of the court, the Secretary shall
14    issue the person a judicial driving permit, also known as a
15    JDP. The JDP shall be subject to the same terms as a JDP
16    issued under Section 6-206.1, except that the court may
17    direct that a JDP issued under this subdivision (b)(3) be
18    effective immediately.
19    (c)(1) Whenever a person is convicted of any of the
20offenses enumerated in this Section, the court may recommend
21and the Secretary of State in his discretion, without regard to
22whether the recommendation is made by the court may, upon
23application, issue to the person a restricted driving permit
24granting the privilege of driving a motor vehicle between the
25petitioner's residence and petitioner's place of employment or
26within the scope of the petitioner's employment related duties,

 

 

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1or to allow the petitioner to transport himself or herself or a
2family member of the petitioner's household to a medical
3facility for the receipt of necessary medical care or to allow
4the petitioner to transport himself or herself to and from
5alcohol or drug remedial or rehabilitative activity
6recommended by a licensed service provider, or to allow the
7petitioner to transport himself or herself or a family member
8of the petitioner's household to classes, as a student, at an
9accredited educational institution, or to allow the petitioner
10to transport children, elderly persons, or disabled persons who
11do not hold driving privileges and are living in the
12petitioner's household to and from daycare; if the petitioner
13is able to demonstrate that no alternative means of
14transportation is reasonably available and that the petitioner
15will not endanger the public safety or welfare; provided that
16the Secretary's discretion shall be limited to cases where
17undue hardship, as defined by the rules of the Secretary of
18State, would result from a failure to issue the restricted
19driving permit. Those multiple offenders identified in
20subdivision (b)4 of Section 6-208 of this Code, however, shall
21not be eligible for the issuance of a restricted driving
22permit.
23        (2) If a person's license or permit is revoked or
24    suspended due to 2 or more convictions of violating Section
25    11-501 of this Code or a similar provision of a local
26    ordinance or a similar out-of-state offense, or Section 9-3

 

 

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1    of the Criminal Code of 1961, where the use of alcohol or
2    other drugs is recited as an element of the offense, or a
3    similar out-of-state offense, or a combination of these
4    offenses, arising out of separate occurrences, that
5    person, if issued a restricted driving permit, may not
6    operate a vehicle unless it has been equipped with an
7    ignition interlock device as defined in Section 1-129.1.
8        (3) If:
9            (A) a person's license or permit is revoked or
10        suspended 2 or more times within a 10 year period due
11        to any combination of:
12                (i) a single conviction of violating Section
13            11-501 of this Code or a similar provision of a
14            local ordinance or a similar out-of-state offense,
15            or Section 9-3 of the Criminal Code of 1961, where
16            the use of alcohol or other drugs is recited as an
17            element of the offense, or a similar out-of-state
18            offense; or
19                (ii) a statutory summary suspension or
20            revocation under Section 11-501.1; or
21                (iii) a suspension pursuant to Section
22            6-203.1;
23        arising out of separate occurrences; or
24            (B) a person has been convicted of one violation of
25        Section 6-303 of this Code committed while his or her
26        driver's license, permit, or privilege was revoked

 

 

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1        because of a violation of Section 9-3 of the Criminal
2        Code of 1961, relating to the offense of reckless
3        homicide where the use of alcohol or other drugs was
4        recited as an element of the offense, or a similar
5        provision of a law of another state;
6    that person, if issued a restricted driving permit, may not
7    operate a vehicle unless it has been equipped with an
8    ignition interlock device as defined in Section 1-129.1.
9        (4) The person issued a permit conditioned on the use
10    of an ignition interlock device must pay to the Secretary
11    of State DUI Administration Fund an amount not to exceed
12    $30 per month. The Secretary shall establish by rule the
13    amount and the procedures, terms, and conditions relating
14    to these fees.
15        (5) If the restricted driving permit is issued for
16    employment purposes, then the prohibition against
17    operating a motor vehicle that is not equipped with an
18    ignition interlock device does not apply to the operation
19    of an occupational vehicle owned or leased by that person's
20    employer when used solely for employment purposes.
21        (6) In each case the Secretary of State may issue a
22    restricted driving permit for a period he deems
23    appropriate, except that the permit shall expire within one
24    year from the date of issuance. The Secretary may not,
25    however, issue a restricted driving permit to any person
26    whose current revocation is the result of a second or

 

 

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1    subsequent conviction for a violation of Section 11-501 of
2    this Code or a similar provision of a local ordinance or
3    any similar out-of-state offense, or Section 9-3 of the
4    Criminal Code of 1961, where the use of alcohol or other
5    drugs is recited as an element of the offense, or any
6    similar out-of-state offense, or any combination of these
7    offenses, until the expiration of at least one year from
8    the date of the revocation. A restricted driving permit
9    issued under this Section shall be subject to cancellation,
10    revocation, and suspension by the Secretary of State in
11    like manner and for like cause as a driver's license issued
12    under this Code may be cancelled, revoked, or suspended;
13    except that a conviction upon one or more offenses against
14    laws or ordinances regulating the movement of traffic shall
15    be deemed sufficient cause for the revocation, suspension,
16    or cancellation of a restricted driving permit. The
17    Secretary of State shall may, as a condition to the
18    issuance of a restricted driving permit, require the
19    petitioner to participate in a designated driver remedial
20    or rehabilitative program. The Secretary of State is
21    authorized to cancel a restricted driving permit if the
22    permit holder does not successfully complete the program.
23    However, if an individual's driving privileges have been
24    revoked in accordance with paragraph 13 of subsection (a)
25    of this Section, no restricted driving permit shall be
26    issued until the individual has served 6 months of the

 

 

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1    revocation period.
2    (c-5) (Blank).
3    (c-6) If a person is convicted of a second violation of
4operating a motor vehicle while the person's driver's license,
5permit or privilege was revoked, where the revocation was for a
6violation of Section 9-3 of the Criminal Code of 1961 relating
7to the offense of reckless homicide or a similar out-of-state
8offense, the person's driving privileges shall be revoked
9pursuant to subdivision (a)(15) of this Section. The person may
10not make application for a license or permit until the
11expiration of five years from the effective date of the
12revocation or the expiration of five years from the date of
13release from a term of imprisonment, whichever is later.
14    (c-7) If a person is convicted of a third or subsequent
15violation of operating a motor vehicle while the person's
16driver's license, permit or privilege was revoked, where the
17revocation was for a violation of Section 9-3 of the Criminal
18Code of 1961 relating to the offense of reckless homicide or a
19similar out-of-state offense, the person may never apply for a
20license or permit.
21    (d)(1) Whenever a person under the age of 21 is convicted
22under Section 11-501 of this Code or a similar provision of a
23local ordinance or a similar out-of-state offense, the
24Secretary of State shall revoke the driving privileges of that
25person. One year after the date of revocation, and upon
26application, the Secretary of State may, if satisfied that the

 

 

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

 

 

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

 

 

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

 

 

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1this Code.
2    (h) The Secretary of State shall require the use of
3ignition interlock devices on all vehicles owned by a person
4who has been convicted of a second or subsequent offense under
5Section 11-501 of this Code or a similar provision of a local
6ordinance. The person must pay to the Secretary of State DUI
7Administration Fund an amount not to exceed $30 for each month
8that he or she uses the device. The Secretary shall establish
9by rule and regulation the procedures for certification and use
10of the interlock system, the amount of the fee, and the
11procedures, terms, and conditions relating to these fees.
12    (i) (Blank).
13    (j) In accordance with 49 C.F.R. 384, the Secretary of
14State may not issue a restricted driving permit for the
15operation of a commercial motor vehicle to a person holding a
16CDL whose driving privileges have been revoked, suspended,
17cancelled, or disqualified under any provisions of this Code.
18    (k) An application for a license or permit made following a
19period of license revocation under this Section must be
20accompanied by proof of the applicant's participation in a
21designated driver remedial or rehabilitative program, unless
22the revocation was the result of a conviction for a violation
23of Section 11-501 of this Code or a similar provision of a
24local ordinance or any similar out-of-state offense or Section
259-3 of the Criminal Code of 1961, where the use of alcohol or
26other drugs is recited as an element of the offense, or any

 

 

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1similar out-of-state offense, or any combination of these
2offenses.
3(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
496-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
57-1-11; 97-333, eff. 8-12-11.)
 
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 preliminary
11hearing upon a showing of the person's records or other
12sufficient evidence that the person:
13        1. Has committed an offense for which mandatory
14    revocation of a driver's license or permit is required upon
15    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 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
24    movement of traffic, to a degree that indicates lack of
25    ability to exercise ordinary and reasonable care in the

 

 

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1    safe operation of a motor vehicle or disrespect for the
2    traffic laws and the safety of other persons upon the
3    highway;
4        4. Has by the unlawful operation of a motor vehicle
5    caused or contributed to an accident resulting in injury
6    requiring immediate professional treatment in a medical
7    facility or doctor's office to any person, except that any
8    suspension or revocation imposed by the Secretary of State
9    under the provisions of this subsection shall start no
10    later than 6 months after being convicted of violating a
11    law or ordinance regulating the movement of traffic, which
12    violation is related to the accident, or shall start not
13    more than one year after the date of the accident,
14    whichever date occurs later;
15        5. Has permitted an unlawful or fraudulent use of a
16    driver's license, identification card, or permit;
17        6. Has been lawfully convicted of an offense or
18    offenses in another state, including the authorization
19    contained in Section 6-203.1, which if committed within
20    this State would be grounds for suspension or revocation;
21        7. Has refused or failed to submit to an examination
22    provided for by Section 6-207 or has failed to pass the
23    examination;
24        8. Is ineligible for a driver's license or permit under
25    the provisions of Section 6-103;
26        9. Has made a false statement or knowingly concealed a

 

 

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1    material fact or has used false information or
2    identification in any application for a license,
3    identification card, or permit;
4        10. Has possessed, displayed, or attempted to
5    fraudulently use any license, identification card, or
6    permit not issued to the person;
7        11. Has operated a motor vehicle upon a highway of this
8    State when the person's driving privilege or privilege to
9    obtain a driver's license or permit was revoked or
10    suspended unless the operation was authorized by a
11    monitoring device driving permit, judicial driving permit
12    issued prior to January 1, 2009, probationary license to
13    drive, or a restricted driving permit issued under this
14    Code;
15        12. Has submitted to any portion of the application
16    process for another person or has obtained the services of
17    another person to submit to any portion of the application
18    process for the purpose of obtaining a license,
19    identification card, or permit for some other person;
20        13. Has operated a motor vehicle upon a highway of this
21    State when the person's driver's license or permit was
22    invalid under the provisions of Sections 6-107.1 and 6-110;
23        14. Has committed a violation of Section 6-301,
24    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
25    of the Illinois Identification Card Act;
26        15. Has been convicted of violating Section 21-2 of the

 

 

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1    Criminal Code of 1961 relating to criminal trespass to
2    vehicles in which case, the suspension shall be for one
3    year;
4        16. Has been convicted of violating Section 11-204 of
5    this Code relating to fleeing from a peace officer;
6        17. Has refused to submit to a test, or tests, as
7    required under Section 11-501.1 of this Code and the person
8    has not sought a hearing as provided for in Section
9    11-501.1;
10        18. Has, since issuance of a driver's license or
11    permit, been adjudged to be afflicted with or suffering
12    from any mental disability or disease;
13        19. Has committed a violation of paragraph (a) or (b)
14    of Section 6-101 relating to driving without a driver's
15    license;
16        20. Has been convicted of violating Section 6-104
17    relating to classification of driver's license;
18        21. Has been convicted of violating Section 11-402 of
19    this Code relating to leaving the scene of an accident
20    resulting in damage to a vehicle in excess of $1,000, in
21    which case the suspension shall be for one year;
22        22. Has used a motor vehicle in violating paragraph
23    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
24    the Criminal Code of 1961 relating to unlawful use of
25    weapons, in which case the suspension shall be for one
26    year;

 

 

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1        23. Has, as a driver, been convicted of committing a
2    violation of paragraph (a) of Section 11-502 of this Code
3    for a second or subsequent time within one year of a
4    similar violation;
5        24. Has been convicted by a court-martial or punished
6    by non-judicial punishment by military authorities of the
7    United States at a military installation in Illinois of or
8    for a traffic related offense that is the same as or
9    similar to an offense specified under Section 6-205 or
10    6-206 of this Code;
11        25. Has permitted any form of identification to be used
12    by another in the application process in order to obtain or
13    attempt to obtain a license, identification card, or
14    permit;
15        26. Has altered or attempted to alter a license or has
16    possessed an altered license, identification card, or
17    permit;
18        27. Has violated Section 6-16 of the Liquor Control Act
19    of 1934;
20        28. Has been convicted of the illegal possession, while
21    operating or in actual physical control, as a driver, of a
22    motor vehicle, of any controlled substance prohibited
23    under the Illinois Controlled Substances Act, any cannabis
24    prohibited under the Cannabis Control Act, or any
25    methamphetamine prohibited under the Methamphetamine
26    Control and Community Protection Act, in which case the

 

 

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

 

 

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1    substances or instruments used for illegal drug use or
2    abuse in which case the driver's driving privileges shall
3    be suspended for one year;
4        30. Has been convicted a second or subsequent time for
5    any combination of the offenses named in paragraph 29 of
6    this subsection, in which case the person's driving
7    privileges shall be suspended for 5 years;
8        31. Has refused to submit to a test as required by
9    Section 11-501.6 or has submitted to a test resulting in an
10    alcohol concentration of 0.08 or more or any amount of a
11    drug, substance, or compound resulting from the unlawful
12    use or consumption of cannabis as listed in the Cannabis
13    Control Act, a controlled substance as listed in the
14    Illinois Controlled Substances Act, an intoxicating
15    compound as listed in the Use of Intoxicating Compounds
16    Act, or methamphetamine as listed in the Methamphetamine
17    Control and Community Protection Act, in which case the
18    penalty shall be as prescribed in Section 6-208.1;
19        32. Has been convicted of Section 24-1.2 of the
20    Criminal Code of 1961 relating to the aggravated discharge
21    of a firearm if the offender was located in a motor vehicle
22    at the time the firearm was discharged, in which case the
23    suspension shall be for 3 years;
24        33. Has as a driver, who was less than 21 years of age
25    on the date of the offense, been convicted a first time of
26    a violation of paragraph (a) of Section 11-502 of this Code

 

 

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1    or a similar provision of a local ordinance;
2        34. Has committed a violation of Section 11-1301.5 of
3    this Code;
4        35. Has committed a violation of Section 11-1301.6 of
5    this Code;
6        36. Is under the age of 21 years at the time of arrest
7    and has been convicted of not less than 2 offenses against
8    traffic regulations governing the movement of vehicles
9    committed within any 24 month period. No revocation or
10    suspension shall be entered more than 6 months after the
11    date of last conviction;
12        37. Has committed a violation of subsection (c) of
13    Section 11-907 of this Code that resulted in damage to the
14    property of another or the death or injury of another;
15        38. Has been convicted of a violation of Section 6-20
16    of the Liquor Control Act of 1934 or a similar provision of
17    a local ordinance;
18        39. Has committed a second or subsequent violation of
19    Section 11-1201 of this Code;
20        40. Has committed a violation of subsection (a-1) of
21    Section 11-908 of this Code;
22        41. Has committed a second or subsequent violation of
23    Section 11-605.1 of this Code, a similar provision of a
24    local ordinance, or a similar violation in any other state
25    within 2 years of the date of the previous violation, in
26    which case the suspension shall be for 90 days;

 

 

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1        42. Has committed a violation of subsection (a-1) of
2    Section 11-1301.3 of this Code;
3        43. Has received a disposition of court supervision for
4    a violation of subsection (a), (d), or (e) of Section 6-20
5    of the Liquor Control Act of 1934 or a similar provision of
6    a local ordinance, in which case the suspension shall be
7    for a period of 3 months;
8        44. Is under the age of 21 years at the time of arrest
9    and has been convicted of an offense against traffic
10    regulations governing the movement of vehicles after
11    having previously had his or her driving privileges
12    suspended or revoked pursuant to subparagraph 36 of this
13    Section; or
14        45. Has, in connection with or during the course of a
15    formal hearing conducted under Section 2-118 of this Code:
16    (i) committed perjury; (ii) submitted fraudulent or
17    falsified documents; (iii) submitted documents that have
18    been materially altered; or (iv) submitted, as his or her
19    own, documents that were in fact prepared or composed for
20    another person.
21    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
22and 27 of this subsection, license means any driver's license,
23any traffic ticket issued when the person's driver's license is
24deposited in lieu of bail, a suspension notice issued by the
25Secretary of State, a duplicate or corrected driver's license,
26a probationary driver's license or a temporary driver's

 

 

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

 

 

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

 

 

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

 

 

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1    Those multiple offenders identified in subdivision (b)4 of
2    Section 6-208 of this Code, however, shall not be eligible
3    for the issuance of a restricted driving permit.
4             (A) If a person's license or permit is revoked or
5        suspended due to 2 or more convictions of violating
6        Section 11-501 of this Code or a similar provision of a
7        local ordinance or a similar out-of-state offense, or
8        Section 9-3 of the Criminal Code of 1961, where the use
9        of alcohol or other drugs is recited as an element of
10        the offense, or a similar out-of-state offense, or a
11        combination of these offenses, arising out of separate
12        occurrences, that person, if issued a restricted
13        driving permit, may not operate a vehicle unless it has
14        been equipped with an ignition interlock device as
15        defined in Section 1-129.1.
16            (B) If a person's license or permit is revoked or
17        suspended 2 or more times within a 10 year period due
18        to any combination of:
19                (i) a single conviction of violating Section
20            11-501 of this Code or a similar provision of a
21            local ordinance or a similar out-of-state offense
22            or Section 9-3 of the Criminal Code of 1961, where
23            the use of alcohol or other drugs is recited as an
24            element of the offense, or a similar out-of-state
25            offense; or
26                (ii) a statutory summary suspension or

 

 

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1            revocation under Section 11-501.1; or
2                (iii) a suspension under Section 6-203.1;
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            (C) The person issued a permit conditioned upon the
8        use of an ignition interlock device must pay to the
9        Secretary of State DUI Administration Fund an amount
10        not to exceed $30 per month. The Secretary shall
11        establish by rule the amount and the procedures, terms,
12        and conditions relating to these fees.
13            (D) If the restricted driving permit is issued for
14        employment purposes, then the prohibition against
15        operating a motor vehicle that is not equipped with an
16        ignition interlock device does not apply to the
17        operation of an occupational vehicle owned or leased by
18        that person's employer when used solely for employment
19        purposes.
20            (E) In each case the Secretary may issue a
21        restricted driving permit for a period deemed
22        appropriate, except that all permits shall expire
23        within one year from the date of issuance. The
24        Secretary may not, however, issue a restricted driving
25        permit to any person whose current revocation is the
26        result of a second or subsequent conviction for a

 

 

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1        violation of Section 11-501 of this Code or a similar
2        provision of a local ordinance or any similar
3        out-of-state offense, or Section 9-3 of the Criminal
4        Code of 1961, where the use of alcohol or other drugs
5        is recited as an element of the offense, or any similar
6        out-of-state offense, or any combination of those
7        offenses, until the expiration of at least one year
8        from the date of the revocation. A restricted driving
9        permit issued under this Section shall be subject to
10        cancellation, revocation, and suspension by the
11        Secretary of State in like manner and for like cause as
12        a driver's license issued under this Code may be
13        cancelled, revoked, or suspended; except that a
14        conviction upon one or more offenses against laws or
15        ordinances regulating the movement of traffic shall be
16        deemed sufficient cause for the revocation,
17        suspension, or cancellation of a restricted driving
18        permit. The Secretary of State shall may, as a
19        condition to the issuance of a restricted driving
20        permit, require the applicant to participate in a
21        designated driver remedial or rehabilitative program.
22        The Secretary of State is authorized to cancel a
23        restricted driving permit if the permit holder does not
24        successfully complete the program.
25    (c-3) In the case of a suspension under paragraph 43 of
26subsection (a), reports received by the Secretary of State

 

 

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

 

 

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1driving permit to a person under the age of 16 years whose
2driving privileges have been suspended or revoked under any
3provisions of this Code.
4    (f) In accordance with 49 C.F.R. 384, the Secretary of
5State may not issue a restricted driving permit for the
6operation of a commercial motor vehicle to a person holding a
7CDL whose driving privileges have been suspended, revoked,
8cancelled, or disqualified under any provisions of this Code.
9    (g) An application for a license or permit made following a
10period of license revocation under this Section must be
11accompanied by proof of the applicant's participation in a
12designated driver remedial or rehabilitative program, unless
13the revocation was the result of a conviction for a violation
14of Section 11-501 of this Code or a similar provision of a
15local ordinance or any similar out-of-state offense or Section
169-3 of the Criminal Code of 1961, where the use of alcohol or
17other drugs is recited as an element of the offense, or any
18similar out-of-state offense, or any combination of these
19offenses.
20    (h) As a condition of reinstatement of a person's license
21or permit following a suspension under this Section, the person
22must provide proof of his or her participation in a designated
23driver remedial or rehabilitative program.
24(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
2596-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
267-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,

 

 

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1eff. 8-12-11; revised 9-15-11.)