Rep. Kathleen Willis
Filed: 4/2/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 4095




2 AMENDMENT NO. ______. Amend House Bill 4095 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Vehicle Code is amended by 
5changing Sections 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 
 
 
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1 offense of operating or being in physical
control of a 
2 vehicle while under the influence of alcohol, other drug or

3 drugs, intoxicating compound or compounds, or any 
4 combination thereof;


5  3. Any felony under the laws of any State or the 
6 federal government
in the commission of which a motor 
7 vehicle was used;


8  4. Violation of Section 11-401 of this Code relating to 
9 the offense of
leaving the scene of a traffic accident 
10 involving death or personal injury;


11  5. Perjury or the making of a false affidavit or 
12 statement under
oath to the Secretary of State under this 
13 Code or under any
other law relating to the ownership or 
14 operation of motor vehicles;


15  6. Conviction upon 3 charges of violation of Section 
16 11-503 of this
Code relating to the offense of reckless 
17 driving committed within a
period of 12 months;


18  7. Conviction of any offense
defined in
Section 4-102 
19 of this Code;


20  8. Violation of Section 11-504 of this Code relating to 
21 the offense
of drag racing;


22  9. Violation of Chapters 8 and 9 of this Code;


23  10. Violation of Section 12-5 of the Criminal Code of 
24 1961 or the Criminal Code of 2012 arising from
the use of a 
25 motor vehicle;


26  11. Violation of Section 11-204.1 of this Code relating 
 
 
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1 to aggravated
fleeing or attempting to elude a peace 
2 officer;


3  12. Violation of paragraph (1) of subsection (b) of 
4 Section 6-507,
or a similar law of any other state, 
5 relating to the
unlawful operation of a commercial motor 
6 vehicle;


7  13. Violation of paragraph (a) of Section 11-502 of 
8 this Code or a
similar provision of a local ordinance if 
9 the driver has been previously
convicted of a violation of 
10 that Section or a similar provision of a local
ordinance 
11 and the driver was less than 21 years of age at the time of 
12 the
offense;


13  14. Violation of paragraph (a) of Section 11-506 of 
14 this Code or a similar provision of a local ordinance 
15 relating to the offense of street racing;

16  15. A second or subsequent conviction of driving while 
17 the person's driver's license, permit or privileges was 
18 revoked for reckless homicide or a similar out-of-state 
19 offense; 
20  16. Any offense against any provision in this Code, or 
21 any local ordinance, regulating the
movement of traffic 
22 when that offense was the proximate cause of the death of 
23 any person. Any person whose driving privileges have been 
24 revoked pursuant to this paragraph may seek to have the 
25 revocation terminated or to have the length of revocation 
26 reduced by requesting an administrative hearing with the 
 
 
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1 Secretary of State prior to the projected driver's license 
2 application eligibility date; 
3  17. Violation of subsection (a-2) of Section 11-1301.3 
4 of this Code or a similar provision of a local ordinance;
5  18. A second or subsequent conviction of illegal 
6 possession, while operating or in actual physical control, 
7 as a driver, of a motor vehicle, of any controlled 
8 substance prohibited under the Illinois Controlled 
9 Substances Act, any cannabis prohibited under the Cannabis 
10 Control Act, or any methamphetamine prohibited under the 
11 Methamphetamine Control and Community Protection Act. A 
12 defendant found guilty of this offense while operating a 
13 motor vehicle
shall have an entry made in the court record 
14 by the presiding judge that
this offense did occur while 
15 the defendant was operating a motor vehicle
and order the 
16 clerk of the court to report the violation to the Secretary

17 of State.
18 (b) The Secretary of State shall also immediately revoke 
19the license
or permit of any driver in the following 
20situations:


21  1. Of any minor upon receiving the notice provided for 
22 in Section
5-901 of the Juvenile Court Act of 1987 that the 
23 minor has been
adjudicated under that Act as having 
24 committed an offense relating to
motor vehicles prescribed 
25 in Section 4-103 of this Code;


26  2. Of any person when any other law of this State 
 
 
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1 requires either the
revocation or suspension of a license 
2 or permit;


3  3. Of any person adjudicated under the Juvenile Court 
4 Act of 1987 based on an offense determined to have been 
5 committed in furtherance of the criminal activities of an 
6 organized gang as provided in Section 5-710 of that Act, 
7 and that involved the operation or use of a motor vehicle 
8 or the use of a driver's license or permit. The revocation 
9 shall remain in effect for the period determined by the 
10 court. Upon the direction of the court, the Secretary shall 
11 issue the person a judicial driving permit, also known as a 
12 JDP. The JDP shall be subject to the same terms as a JDP 
13 issued under Section 6-206.1, except that the court may 
14 direct that a JDP issued under this subdivision (b)(3) be 
15 effective immediately.

16 (c)(1) Whenever a person is convicted of any of the 
17offenses enumerated in
this Section, the court may recommend 
18and the Secretary of State in his
discretion, without regard to 
19whether the recommendation is made by the
court may, upon 
20application,
issue to the person a
restricted driving permit 
21granting the privilege of driving a motor
vehicle between the 
22petitioner's residence and petitioner's place
of employment or 
23within the scope of the petitioner's employment related
duties, 
24or to allow the petitioner to transport himself or herself or a 
25family member
of the petitioner's household to a medical 
26facility for the receipt of necessary medical care or to allow 
 
 
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1the
petitioner to transport himself or herself to and from 
2alcohol or drug remedial or rehabilitative activity 
3recommended by a licensed service provider, or to allow the

4petitioner to transport himself or herself or a family member 
5of the petitioner's household to classes, as a student, at an 
6accredited educational
institution, or to allow the petitioner 
7to transport children, elderly persons, or disabled persons who 
8do not hold driving privileges and are living in the 
9petitioner's household to and from daycare; if the petitioner 
10is able to demonstrate that no alternative means
of 
11transportation is reasonably available and that the petitioner 
12will not endanger
the public safety or welfare; provided that 
13the Secretary's discretion shall be
limited to cases where 
14undue hardship, as defined by the rules of the Secretary of 
15State, would result from a failure to issue the
restricted 
16driving permit. Those multiple offenders identified in 
17subdivision (b)4 of Section 6-208 of this Code, however, shall 
18not be eligible for the issuance of a restricted driving 
19permit.

20  (2) If a person's license or permit is revoked or 
21 suspended due to one 2 or
more convictions of violating 
22 Section 11-501 of this Code or a similar
provision of a 
23 local ordinance or a similar out-of-state offense, or 
24 Section 9-3 of the Criminal Code of 1961 or the Criminal 
25 Code of 2012, where the use of alcohol or other drugs is 
26 recited as an element of the offense, or a similar 
 
 
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1 out-of-state offense, or a combination of these offenses, 
2 arising out
of separate occurrences, that person, if issued 
3 a restricted driving permit,
may not operate a vehicle 
4 unless it has been equipped with an ignition
interlock 
5 device as defined in Section 1-129.1.

6  (3) If:

7   (A) a person's license or permit is revoked or 
8 suspended 2 or more
times within a 10 year period due 
9 to any combination of:
10    (i)
a single conviction of violating Section

11 11-501 of this Code or a similar provision of a 
12 local ordinance or a similar
out-of-state offense, 
13 or Section 9-3 of the Criminal Code of 1961 or the 
14 Criminal Code of 2012, where the use of alcohol or 
15 other drugs is recited as an element of the 
16 offense, or a similar out-of-state offense; or
17    (ii)
a statutory summary suspension or 
18 revocation under Section
11-501.1; or
19    (iii)
a suspension pursuant to Section 
20 6-203.1;

21  arising out of
separate occurrences; or
22   (B)
a person has been convicted of one violation of 
23 Section 6-303 of this Code committed while his or her 
24 driver's license, permit, or privilege was revoked 
25 because of a violation of Section 9-3 of the Criminal 
26 Code of 1961 or the Criminal Code of 2012, relating to 
 
 
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1 the offense of reckless homicide where the use of 
2 alcohol or other drugs was recited as an element of the 
3 offense, or a similar provision of a law of another 
4 state;

5 that person, if issued a restricted
driving permit, may not 
6 operate a vehicle unless it has been equipped with an

7 ignition interlock device as defined in Section 1-129.1. 
8  (4)
The person issued a permit conditioned on the use 
9 of an ignition interlock device must pay to the Secretary 
10 of State DUI Administration Fund an amount
not to exceed 
11 $30 per month. The Secretary shall establish by rule the 
12 amount
and the procedures, terms, and conditions relating 
13 to these fees. 
14  (5)
If the restricted driving permit is issued for 
15 employment purposes, then
the prohibition against 
16 operating a motor vehicle that is not equipped with an 
17 ignition interlock device does not apply to the operation 
18 of an occupational vehicle
owned or leased by that person's 
19 employer when used solely for employment purposes. 
20  (6)
In each case the Secretary of State may issue a

21 restricted driving permit for a period he deems 
22 appropriate, except that the
permit shall expire within one 
23 year from the date of issuance. The Secretary
may not, 
24 however, issue a restricted driving permit to any person 
25 whose current
revocation is the result of a second or 
26 subsequent conviction for a violation
of Section 11-501 of 
 
 
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1 this Code or a similar provision of a local ordinance
or 
2 any similar out-of-state offense, or Section 9-3 of the 
3 Criminal Code of 1961 or the Criminal Code of 2012, where 
4 the use of alcohol or other drugs is recited as an element 
5 of the offense, or any similar out-of-state offense, or any 
6 combination of these offenses, until the expiration of at 
7 least one year from the date of the
revocation. A 
8 restricted
driving permit issued under this Section shall 
9 be
subject to cancellation, revocation, and suspension by 
10 the Secretary of
State in like manner and for like cause as 
11 a driver's license issued
under this Code may be cancelled, 
12 revoked, or
suspended; except that a conviction upon one or 
13 more offenses against laws or
ordinances regulating the 
14 movement of traffic shall be deemed sufficient cause
for 
15 the revocation, suspension, or cancellation of a 
16 restricted driving permit.
The Secretary of State may, as a 
17 condition to the issuance of a restricted
driving permit, 
18 require the petitioner to participate in a designated 
19 driver
remedial or rehabilitative program. The Secretary 
20 of State is authorized to
cancel a restricted driving 
21 permit if the permit holder does not successfully
complete 
22 the program. However, if an individual's driving 
23 privileges have been
revoked in accordance with paragraph 
24 13 of subsection (a) of this Section, no
restricted driving 
25 permit shall be issued until the individual has served 6

26 months of the revocation period.

 
 
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1 (c-5) (Blank).

2 (c-6) If a person is convicted of a second violation of 
3operating a motor vehicle while the person's driver's license, 
4permit or privilege was revoked, where the revocation was for a 
5violation of Section 9-3 of the Criminal Code of 1961 or the 
6Criminal Code of 2012 relating to the offense of reckless 
7homicide or a similar out-of-state offense, the person's 
8driving privileges shall be revoked pursuant to subdivision 
9(a)(15) of this Section. The person may not make application 
10for a license or permit until the expiration of five years from 
11the effective date of the revocation or the expiration of five 
12years from the date of release from a term of imprisonment, 
13whichever 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 or the Criminal Code of 2012 relating to the 
19offense of reckless homicide or a similar out-of-state offense, 
20the person may never apply for a license 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 one 2 or
more convictions of violating 
15 Section 11-501 of this Code or a similar
provision of a 
16 local ordinance or a similar out-of-state offense, or 
17 Section 9-3 of the Criminal Code of 1961 or the Criminal 
18 Code of 2012, where the use of alcohol or other drugs is 
19 recited as an element of the offense, or a similar 
20 out-of-state offense, or a combination of these offenses, 
21 arising out
of separate occurrences, that person, if issued 
22 a restricted driving permit,
may not operate a vehicle 
23 unless it has been equipped with an ignition
interlock 
24 device as defined in Section 1-129.1.

25  (3) If a person's license or permit is revoked or 
26 suspended 2 or more times
within a 10 year period due to 
 
 
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1 any combination of:
2   (A) a single conviction of violating Section 
3 11-501
of this
Code or a similar provision of a local 
4 ordinance or a similar out-of-state
offense, or 
5 Section 9-3 of the Criminal Code of 1961 or the 
6 Criminal Code of 2012, where the use of alcohol or 
7 other drugs is recited as an element of the offense, or 
8 a similar out-of-state offense; or
9   (B)
a statutory summary suspension or revocation 
10 under Section 11-501.1; or 
11   (C) a suspension pursuant to Section 6-203.1;
12 arising out of separate occurrences, that person, if issued 
13 a
restricted
driving permit, may not operate a vehicle 
14 unless it has been equipped with an
ignition interlock 
15 device as defined in Section 1-129.1.
16  (4)
The person issued a permit conditioned upon the use 
17 of an interlock device must pay to the Secretary of State 
18 DUI Administration Fund an amount
not to exceed $30 per 
19 month. The Secretary shall establish by rule the amount
and 
20 the procedures, terms, and conditions relating to these 
21 fees.
22  (5)
If the restricted driving permit is issued for 
23 employment purposes, then
the prohibition against driving 
24 a vehicle that is not equipped with an ignition interlock 
25 device does not apply to the operation of an occupational 
26 vehicle
owned or leased by that person's employer when used 
 
 
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1 solely for employment purposes.
2  (6) A
restricted driving permit issued under this 
3 Section shall be subject to
cancellation, revocation, and 
4 suspension by the Secretary of State in like
manner and for 
5 like cause as a driver's license issued under this Code may 
6 be
cancelled, revoked, or suspended; except that a 
7 conviction upon one or more
offenses against laws or 
8 ordinances regulating the movement of traffic
shall be 
9 deemed sufficient cause for the revocation, suspension, or

10 cancellation of a restricted driving permit.


11 (d-5) The revocation of the license, permit, or driving 
12privileges of a person convicted of a third or subsequent 
13violation of Section 6-303 of this Code committed while his or 
14her driver's license, permit, or privilege was revoked because 
15of a violation of Section 9-3 of the Criminal Code of 1961 or 
16the Criminal Code of 2012, relating to the offense of reckless 
17homicide, or a similar provision of a law of another state, is 
18permanent. The Secretary may not, at any time, issue a license 
19or permit to that person.

20 (e) This Section is subject to the provisions of the Driver 
21License
Compact.

22 (f) Any revocation imposed upon any person under 
23subsections 2
and 3 of paragraph (b) that is in effect on 
24December 31, 1988 shall be
converted to a suspension for a like 
25period of time.

26 (g) 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 revoked
under any provisions of 
3this Code.

4 (h) The Secretary of State shall require the use of 
5ignition interlock
devices on all vehicles owned by a person 
6who has been convicted of a
second or subsequent offense under 
7Section 11-501 of this Code or a similar
provision of a local 
8ordinance. The person must pay to the Secretary of State DUI 
9Administration Fund an amount not to exceed $30 for each month 
10that he or she uses the device. The Secretary shall establish 
11by rule and
regulation the procedures for certification and use 
12of the interlock
system, the amount of the fee, and the 
13procedures, terms, and conditions relating to these fees.

14 (i) (Blank).

15 (j) In accordance with 49 C.F.R. 384, the Secretary of 
16State may not issue a restricted driving permit for the 
17operation of a commercial motor vehicle to a person holding a 
18CDL whose driving privileges have been revoked, suspended, 
19cancelled, or disqualified under any provisions of this Code.

20(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; 
2196-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. 
227-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. 
231-1-13; 97-1150, eff. 1-25-13.)



24 (625 ILCS 5/6-206)


25 Sec. 6-206. Discretionary authority to suspend or revoke 
 
 
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1license or
permit; Right to a hearing.

2 (a) The Secretary of State is authorized to suspend or 
3revoke the
driving privileges of any person without preliminary 
4hearing upon a showing
of the person's records or other 
5sufficient evidence that
the person:


6  1. Has committed an offense for which mandatory 
7 revocation of
a driver's license or permit is required upon 
8 conviction;


9  2. Has been convicted of not less than 3 offenses 
10 against traffic
regulations governing the movement of 
11 vehicles committed within any 12
month period. No 
12 revocation or suspension shall be entered more than
6 
13 months after the date of last conviction;


14  3. Has been repeatedly involved as a driver in motor 
15 vehicle
collisions or has been repeatedly convicted of 
16 offenses against laws and
ordinances regulating the 
17 movement of traffic, to a degree that
indicates lack of 
18 ability to exercise ordinary and reasonable care in
the 
19 safe operation of a motor vehicle or disrespect for the 
20 traffic laws
and the safety of other persons upon the 
21 highway;


22  4. Has by the unlawful operation of a motor vehicle 
23 caused or
contributed to an accident resulting in injury 
24 requiring
immediate professional treatment in a medical 
25 facility or doctor's office
to any person, except that any 
26 suspension or revocation imposed by the
Secretary of State 
 
 
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1 under the provisions of this subsection shall start no

2 later than 6 months after being convicted of violating a 
3 law or
ordinance regulating the movement of traffic, which 
4 violation is related
to the accident, or shall start not 
5 more than one year
after
the date of the accident, 
6 whichever date occurs later;


7  5. Has permitted an unlawful or fraudulent use of a 
8 driver's
license, identification card, or permit;


9  6. Has been lawfully convicted of an offense or 
10 offenses in another
state, including the authorization 
11 contained in Section 6-203.1, which
if committed within 
12 this State would be grounds for suspension or revocation;


13  7. Has refused or failed to submit to an examination 
14 provided for by
Section 6-207 or has failed to pass the 
15 examination;


16  8. Is ineligible for a driver's license or permit under 
17 the provisions
of Section 6-103;


18  9. Has made a false statement or knowingly concealed a 
19 material fact
or has used false information or 
20 identification in any application for a
license, 
21 identification card, or permit;


22  10. Has possessed, displayed, or attempted to 
23 fraudulently use any
license, identification card, or 
24 permit not issued to the person;


25  11. Has operated a motor vehicle upon a highway of this 
26 State when
the person's driving privilege or privilege to 
 
 
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1 obtain a driver's license
or permit was revoked or 
2 suspended unless the operation was authorized by
a 
3 monitoring device driving permit, judicial driving permit 
4 issued prior to January 1, 2009, probationary license to 
5 drive, or a restricted
driving permit issued under this 
6 Code;


7  12. Has submitted to any portion of the application 
8 process for
another person or has obtained the services of 
9 another person to submit to
any portion of the application 
10 process for the purpose of obtaining a
license, 
11 identification card, or permit for some other person;


12  13. Has operated a motor vehicle upon a highway of this 
13 State when
the person's driver's license or permit was 
14 invalid under the provisions of
Sections 6-107.1 and
6-110;


15  14. Has committed a violation of Section 6-301, 
16 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B 
17 of the Illinois Identification Card
Act;


18  15. Has been convicted of violating Section 21-2 of the 
19 Criminal Code
of 1961 or the Criminal Code of 2012 relating 
20 to criminal trespass to vehicles in which case, the 
21 suspension
shall be for one year;


22  16. Has been convicted of violating Section 11-204 of 
23 this Code relating
to fleeing from a peace officer;


24  17. Has refused to submit to a test, or tests, as 
25 required under Section
11-501.1 of this Code and the person 
26 has not sought a hearing as
provided for in Section 
 
 
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1 11-501.1;


2  18. Has, since issuance of a driver's license or 
3 permit, been adjudged
to be afflicted with or suffering 
4 from any mental disability or disease;


5  19. Has committed a violation of paragraph (a) or (b) 
6 of Section 6-101
relating to driving without a driver's 
7 license;


8  20. Has been convicted of violating Section 6-104 
9 relating to
classification of driver's license;


10  21. Has been convicted of violating Section 11-402 of

11 this Code relating to leaving the scene of an accident 
12 resulting in damage
to a vehicle in excess of $1,000, in 
13 which case the suspension shall be
for one year;


14  22. Has used a motor vehicle in violating paragraph 
15 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
16 the Criminal Code of 1961 or the Criminal Code of 2012 
17 relating
to unlawful use of weapons, in which case the 
18 suspension shall be for one
year;


19  23. Has, as a driver, been convicted of committing a 
20 violation of
paragraph (a) of Section 11-502 of this Code 
21 for a second or subsequent
time within one year of a 
22 similar violation;


23  24. Has been convicted by a court-martial or punished 
24 by non-judicial
punishment by military authorities of the 
25 United States at a military
installation in Illinois of or 
26 for a traffic related offense that is the
same as or 
 
 
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1 similar to an offense specified under Section 6-205 or 
2 6-206 of
this Code;


3  25. Has permitted any form of identification to be used 
4 by another in
the application process in order to obtain or 
5 attempt to obtain a license,
identification card, or 
6 permit;


7  26. Has altered or attempted to alter a license or has 
8 possessed an
altered license, identification card, or 
9 permit;


10  27. Has violated Section 6-16 of the Liquor Control Act 
11 of 1934;


12  28. Has been convicted for a first time of the illegal 
13 possession, while operating or
in actual physical control, 
14 as a driver, of a motor vehicle, of any
controlled 
15 substance prohibited under the Illinois Controlled 
16 Substances
Act, any cannabis prohibited under the Cannabis 
17 Control
Act, or any methamphetamine prohibited under the 
18 Methamphetamine Control and Community Protection Act, in 
19 which case the person's driving privileges shall be 
20 suspended for
one year.
Any defendant found guilty of this 
21 offense while operating a motor vehicle,
shall have an 
22 entry made in the court record by the presiding judge that

23 this offense did occur while the defendant was operating a 
24 motor vehicle
and order the clerk of the court to report 
25 the violation to the Secretary
of State;


26  29. Has been convicted of the following offenses that 
 
 
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1 were committed
while the person was operating or in actual 
2 physical control, as a driver,
of a motor vehicle: criminal 
3 sexual assault,
predatory criminal sexual assault of a 
4 child,
aggravated criminal sexual
assault, criminal sexual 
5 abuse, aggravated criminal sexual abuse, juvenile
pimping, 
6 soliciting for a juvenile prostitute, promoting juvenile 
7 prostitution as described in subdivision (a)(1), (a)(2), 
8 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 
9 or the Criminal Code of 2012, and the manufacture, sale or

10 delivery of controlled substances or instruments used for 
11 illegal drug use
or abuse in which case the driver's 
12 driving privileges shall be suspended
for one year;


13  30. Has been convicted a second or subsequent time for 
14 any
combination of the offenses named in paragraph 29 of 
15 this subsection,
in which case the person's driving 
16 privileges shall be suspended for 5
years;


17  31. Has refused to submit to a test as
required by 
18 Section 11-501.6 of this Code or Section 5-16c of the Boat 
19 Registration and Safety Act or has submitted to a test 
20 resulting in
an alcohol concentration of 0.08 or more or 
21 any amount of a drug, substance, or
compound resulting from 
22 the unlawful use or consumption of cannabis as listed
in 
23 the Cannabis Control Act, a controlled substance as listed 
24 in the Illinois
Controlled Substances Act, an intoxicating 
25 compound as listed in the Use of
Intoxicating Compounds 
26 Act, or methamphetamine as listed in the Methamphetamine 
 
 
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1 Control and Community Protection Act, in which case the 
2 penalty shall be
as prescribed in Section 6-208.1;


3  32. Has been convicted of Section 24-1.2 of the 
4 Criminal Code of
1961 or the Criminal Code of 2012 relating 
5 to the aggravated discharge of a firearm if the offender 
6 was
located in a motor vehicle at the time the firearm was 
7 discharged, in which
case the suspension shall be for 3 
8 years;


9  33. Has as a driver, who was less than 21 years of age 
10 on the date of
the offense, been convicted a first time of 
11 a violation of paragraph (a) of
Section 11-502 of this Code 
12 or a similar provision of a local ordinance;


13  34. Has committed a violation of Section 11-1301.5 of 
14 this Code or a similar provision of a local ordinance;


15  35. Has committed a violation of Section 11-1301.6 of 
16 this Code or a similar provision of a local ordinance;


17  36. Is under the age of 21 years at the time of arrest 
18 and has been
convicted of not less than 2 offenses against 
19 traffic regulations governing
the movement of vehicles 
20 committed within any 24 month period. No revocation
or 
21 suspension shall be entered more than 6 months after the 
22 date of last
conviction;


23  37. Has committed a violation of subsection (c) of 
24 Section 11-907 of this
Code that resulted in damage to the 
25 property of another or the death or injury of another;


26  38. Has been convicted of a violation of Section 6-20 
 
 
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1 of the Liquor
Control Act of 1934 or a similar provision of 
2 a local ordinance;


3  39. Has committed a second or subsequent violation of 
4 Section
11-1201 of this Code;

5  40. Has committed a violation of subsection (a-1) of 
6 Section 11-908 of
this Code;
7  41. Has committed a second or subsequent violation of 
8 Section 11-605.1 of this Code, a similar provision of a 
9 local ordinance, or a similar violation in any other state 
10 within 2 years of the date of the previous violation, in 
11 which case the suspension shall be for 90 days;
12  42. Has committed a violation of subsection (a-1) of 
13 Section 11-1301.3 of this Code or a similar provision of a 
14 local ordinance;

15  43. Has received a disposition of court supervision for 
16 a violation of subsection (a), (d), or (e) of Section 6-20 
17 of the Liquor
Control Act of 1934 or a similar provision of 
18 a local ordinance, in which case the suspension shall be 
19 for a period of 3 months;

20  44.
Is under the age of 21 years at the time of arrest 
21 and has been convicted of an offense against traffic 
22 regulations governing the movement of vehicles after 
23 having previously had his or her driving privileges

24 suspended or revoked pursuant to subparagraph 36 of this 
25 Section;
26  45.
Has, in connection with or during the course of a 
 
 
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1 formal hearing conducted under Section 2-118 of this Code: 
2 (i) committed perjury; (ii) submitted fraudulent or 
3 falsified documents; (iii) submitted documents that have 
4 been materially altered; or (iv) submitted, as his or her 
5 own, documents that were in fact prepared or composed for 
6 another person;
7  46. Has committed a violation of subsection (j) of 
8 Section 3-413 of this Code; or

9  47. Has committed a violation of Section 11-502.1 of 
10 this Code. 
11 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
12and 27 of this
subsection, license means any driver's license, 
13any traffic ticket issued when
the person's driver's license is 
14deposited in lieu of bail, a suspension
notice issued by the 
15Secretary of State, a duplicate or corrected driver's
license, 
16a probationary driver's license or a temporary driver's 
17license.
18 (b) If any conviction forming the basis of a suspension or

19revocation authorized under this Section is appealed, the

20Secretary of State may rescind or withhold the entry of the 
21order of suspension
or revocation, as the case may be, provided 
22that a certified copy of a stay
order of a court is filed with 
23the Secretary of State. If the conviction is
affirmed on 
24appeal, the date of the conviction shall relate back to the 
25time
the original judgment of conviction was entered and the 6 
26month limitation
prescribed shall not apply.


 
 
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1 (c) 1. Upon suspending or revoking the driver's license or 
2permit of
any person as authorized in this Section, the 
3Secretary of State shall
immediately notify the person in 
4writing of the revocation or suspension.
The notice to be 
5deposited in the United States mail, postage prepaid,
to the 
6last known address of the person.


7  2. If the Secretary of State suspends the driver's 
8 license
of a person under subsection 2 of paragraph (a) of 
9 this Section, a
person's privilege to operate a vehicle as 
10 an occupation shall not be
suspended, provided an affidavit 
11 is properly completed, the appropriate fee
received, and a 
12 permit issued prior to the effective date of the

13 suspension, unless 5 offenses were committed, at least 2 of 
14 which occurred
while operating a commercial vehicle in 
15 connection with the driver's
regular occupation. All other 
16 driving privileges shall be suspended by the
Secretary of 
17 State. Any driver prior to operating a vehicle for

18 occupational purposes only must submit the affidavit on 
19 forms to be
provided by the Secretary of State setting 
20 forth the facts of the person's
occupation. The affidavit 
21 shall also state the number of offenses
committed while 
22 operating a vehicle in connection with the driver's regular

23 occupation. The affidavit shall be accompanied by the 
24 driver's license.
Upon receipt of a properly completed 
25 affidavit, the Secretary of State
shall issue the driver a 
26 permit to operate a vehicle in connection with the
driver's 
 
 
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1 regular occupation only. Unless the permit is issued by the

2 Secretary of State prior to the date of suspension, the 
3 privilege to drive
any motor vehicle shall be suspended as 
4 set forth in the notice that was
mailed under this Section. 
5 If an affidavit is received subsequent to the
effective 
6 date of this suspension, a permit may be issued for the 
7 remainder
of the suspension period.


8  The provisions of this subparagraph shall not apply to 
9 any driver
required to possess a CDL for the purpose of 
10 operating a commercial motor vehicle.


11  Any person who falsely states any fact in the affidavit 
12 required
herein shall be guilty of perjury under Section 
13 6-302 and upon conviction
thereof shall have all driving 
14 privileges revoked without further rights.


15  3. At the conclusion of a hearing under Section 2-118 
16 of this Code,
the Secretary of State shall either rescind 
17 or continue an order of
revocation or shall substitute an 
18 order of suspension; or, good
cause appearing therefor, 
19 rescind, continue, change, or extend the
order of 
20 suspension. If the Secretary of State does not rescind the 
21 order,
the Secretary may upon application,
to relieve undue 
22 hardship (as defined by the rules of the Secretary of 
23 State), issue
a restricted driving permit granting the 
24 privilege of driving a motor
vehicle between the 
25 petitioner's residence and petitioner's place of

26 employment or within the scope of the petitioner's 
 
 
09800HB4095ham001- 26 -LRB098 15653 RLC 58078 a


1 employment related duties, or to
allow the petitioner to 
2 transport himself or herself, or a family member of the

3 petitioner's household to a medical facility, to receive 
4 necessary medical care, to allow the petitioner to 
5 transport himself or herself to and from alcohol or drug

6 remedial or rehabilitative activity recommended by a 
7 licensed service provider, or to allow the petitioner to 
8 transport himself or herself or a family member of the 
9 petitioner's household to classes, as a student, at an 
10 accredited educational institution, or to allow the 
11 petitioner to transport children, elderly persons, or 
12 disabled persons who do not hold driving privileges and are 
13 living in the petitioner's household to and from daycare. 
14 The
petitioner must demonstrate that no alternative means 
15 of
transportation is reasonably available and that the 
16 petitioner will not endanger
the public safety or welfare. 
17 Those multiple offenders identified in subdivision (b)4 of 
18 Section 6-208 of this Code, however, shall not be eligible 
19 for the issuance of a restricted driving permit.

20 
  (A) If a person's license or permit is revoked or 
21 suspended due to one 2
or more convictions of violating 
22 Section 11-501 of this Code or a similar
provision of a 
23 local ordinance or a similar out-of-state offense, or 
24 Section 9-3 of the Criminal Code of 1961 or the 
25 Criminal Code of 2012, where the use of alcohol or 
26 other drugs is recited as an element of the offense, or 
 
 
09800HB4095ham001- 27 -LRB098 15653 RLC 58078 a


1 a similar out-of-state offense, or a combination of 
2 these offenses, arising out
of separate occurrences, 
3 that person, if issued a restricted driving permit,
may 
4 not operate a vehicle unless it has been equipped with 
5 an ignition
interlock device as defined in Section 
6 1-129.1.


7   (B) If a person's license or permit is revoked or 
8 suspended 2 or more
times within a 10 year period due 
9 to any combination of:
10    (i) a single conviction of violating Section

11 11-501 of this Code or a similar provision of a 
12 local ordinance or a similar
out-of-state offense 
13 or Section 9-3 of the Criminal Code of 1961 or the 
14 Criminal Code of 2012, where the use of alcohol or 
15 other drugs is recited as an element of the 
16 offense, or a similar out-of-state offense; or
17    (ii) a statutory summary suspension or 
18 revocation under Section
11-501.1; or
19    (iii) a suspension under Section 6-203.1; 
20  arising out of
separate occurrences; that person, if 
21 issued a restricted driving permit, may
not operate a 
22 vehicle unless it has been
equipped with an ignition 
23 interlock device as defined in Section 1-129.1.
24   (C)
The person issued a permit conditioned upon the 
25 use of an ignition interlock device must pay to the 
26 Secretary of State DUI Administration Fund an amount

 
 
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1 not to exceed $30 per month. The Secretary shall 
2 establish by rule the amount
and the procedures, terms, 
3 and conditions relating to these fees.
4   (D) If the
restricted driving permit is issued for 
5 employment purposes, then the prohibition against 
6 operating a motor vehicle that is not equipped with an 
7 ignition interlock device does not apply to the 
8 operation of an occupational vehicle owned or
leased by 
9 that person's employer when used solely for employment 
10 purposes.
11   (E) In each case the Secretary may issue a

12 restricted driving permit for a period deemed 
13 appropriate, except that all
permits shall expire 
14 within one year from the date of issuance. The 
15 Secretary
may not, however, issue a restricted driving 
16 permit to any person whose current
revocation is the 
17 result of a second or subsequent conviction for a 
18 violation
of Section 11-501 of this Code or a similar 
19 provision of a local ordinance
or any similar 
20 out-of-state offense, or Section 9-3 of the Criminal 
21 Code of 1961 or the Criminal Code of 2012, where the 
22 use of alcohol or other drugs is recited as an element 
23 of the offense, or any similar out-of-state offense, or 
24 any combination
of those offenses, until the 
25 expiration of at least one year from the date of
the 
26 revocation. A
restricted driving permit issued under 
 
 
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1 this Section shall be subject to
cancellation, 
2 revocation, and suspension by the Secretary of State in 
3 like
manner and for like cause as a driver's license 
4 issued under this Code may be
cancelled, revoked, or 
5 suspended; except that a conviction upon one or more

6 offenses against laws or ordinances regulating the 
7 movement of traffic
shall be deemed sufficient cause 
8 for the revocation, suspension, or
cancellation of a 
9 restricted driving permit. The Secretary of State may, 
10 as
a condition to the issuance of a restricted driving 
11 permit, require the
applicant to participate in a 
12 designated driver remedial or rehabilitative
program. 
13 The Secretary of State is authorized to cancel a 
14 restricted
driving permit if the permit holder does not 
15 successfully complete the program.

16 (c-3) In the case of a suspension under paragraph 43 of 
17subsection (a), reports received by the Secretary of State 
18under this Section shall, except during the actual time the 
19suspension is in effect, be privileged information and for use 
20only by the courts, police officers, prosecuting authorities, 
21the driver licensing administrator of any other state, the 
22Secretary of State, or the parent or legal guardian of a driver 
23under the age of 18. However, beginning January 1, 2008, if the 
24person is a CDL holder, the suspension shall also be made 
25available to the driver licensing administrator of any other 
26state, the U.S. Department of Transportation, and the affected 
 
 
09800HB4095ham001- 30 -LRB098 15653 RLC 58078 a


1driver or motor
carrier or prospective motor carrier upon 
2request.

3 (c-4) In the case of a suspension under paragraph 43 of 
4subsection (a), the Secretary of State shall notify the person 
5by mail that his or her driving privileges and driver's license 
6will be suspended one month after the date of the mailing of 
7the notice.

8 (c-5) The Secretary of State may, as a condition of the 
9reissuance of a
driver's license or permit to an applicant 
10whose driver's license or permit has
been suspended before he 
11or she reached the age of 21 years pursuant to any of
the 
12provisions of this Section, require the applicant to 
13participate in a
driver remedial education course and be 
14retested under Section 6-109 of this
Code.

15 (d) This Section is subject to the provisions of the 
16Drivers License
Compact.

17 (e) The Secretary of State shall not issue a restricted 
18driving permit to
a person under the age of 16 years whose 
19driving privileges have been suspended
or revoked under any 
20provisions of this Code.

21 (f) In accordance with 49 C.F.R. 384, the Secretary of 
22State may not issue a restricted driving permit for the 
23operation of a commercial motor vehicle to a person holding a 
24CDL whose driving privileges have been suspended, revoked, 
25cancelled, or disqualified under any provisions of this Code.
26(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 
 
 
09800HB4095ham001- 31 -LRB098 15653 RLC 58078 a


197-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; 
297-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. 
31-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)



4 Section 99. Effective date. This Act takes effect July 1, 
52015.".