HB1054 Engrossed LRB099 04884 RJF 24913 b
1		AN ACT concerning transportation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. If and only if Senate Bill 627 of the 99th
5		General Assembly becomes law as passed by both houses, the
6		Illinois Vehicle Code is amended by changing Sections 6-205 and
7		6-206 as follows:
8		(625 ILCS 5/6-205)
9		Sec. 6-205. Mandatory revocation of license or permit;
10		Hardship cases.
11		(a) Except as provided in this Section, the Secretary of
12		State shall immediately revoke the license, permit, or driving
13		privileges of any driver upon receiving a report of the
14		driver's conviction of any of the following offenses:
15		1. Reckless homicide resulting from the operation of a
16		motor vehicle;
17		2. Violation of Section 11-501 of this Code or a
18		similar provision of a local ordinance relating to the
19		offense of operating or being in physical control of a
20		vehicle while under the influence of alcohol, other drug or
21		drugs, intoxicating compound or compounds, or any
22		combination thereof;
23		3. Any felony under the laws of any State or the

HB1054 Engrossed - 2 - LRB099 04884 RJF 24913 b
1		federal government in the commission of which a motor
2		vehicle was used;
3		4. Violation of Section 11-401 of this Code relating to
4		the offense of leaving the scene of a traffic accident
5		involving death or personal injury;
6		5. Perjury or the making of a false affidavit or
7		statement under oath to the Secretary of State under this
8		Code or under any other law relating to the ownership or
9		operation of motor vehicles;
10		6. Conviction upon 3 charges of violation of Section
11		11-503 of this Code relating to the offense of reckless
12		driving committed within a period of 12 months;
13		7. Conviction of any offense defined in Section 4-102
14		of this Code;
15		8. Violation of Section 11-504 of this Code relating to
16		the offense of drag racing;
17		9. Violation of Chapters 8 and 9 of this Code;
18		10. Violation of Section 12-5 of the Criminal Code of
19		1961 or the Criminal Code of 2012 arising from the use of a
20		motor vehicle;
21		11. Violation of Section 11-204.1 of this Code relating
22		to aggravated fleeing or attempting to elude a peace
23		officer;
24		12. Violation of paragraph (1) of subsection (b) of
25		Section 6-507, or a similar law of any other state,
26		relating to the unlawful operation of a commercial motor

HB1054 Engrossed - 3 - LRB099 04884 RJF 24913 b
1		vehicle;
2		13. Violation of paragraph (a) of Section 11-502 of
3		this Code or a similar provision of a local ordinance if
4		the driver has been previously convicted of a violation of
5		that Section or a similar provision of a local ordinance
6		and the driver was less than 21 years of age at the time of
7		the offense;
8		14. Violation of paragraph (a) of Section 11-506 of
9		this Code or a similar provision of a local ordinance
10		relating to the offense of street racing;
11		15. A second or subsequent conviction of driving while
12		the person's driver's license, permit or privileges was
13		revoked for reckless homicide or a similar out-of-state
14		offense;
15		16. Any offense against any provision in this Code, or
16		any local ordinance, regulating the movement of traffic
17		when that offense was the proximate cause of the death of
18		any person. Any person whose driving privileges have been
19		revoked pursuant to this paragraph may seek to have the
20		revocation terminated or to have the length of revocation
21		reduced by requesting an administrative hearing with the
22		Secretary of State prior to the projected driver's license
23		application eligibility date;
24		17. Violation of subsection (a-2) of Section 11-1301.3
25		of this Code or a similar provision of a local ordinance;
26		18. A second or subsequent conviction of illegal

HB1054 Engrossed - 4 - LRB099 04884 RJF 24913 b
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. A
7		defendant found guilty of this offense while operating a
8		motor vehicle shall have an entry made in the court record
9		by the presiding judge that this offense did occur while
10		the defendant was operating a motor vehicle and order the
11		clerk of the court to report the violation to the Secretary
12		of State.
13		(b) The Secretary of State shall also immediately revoke
14		the license or permit of any driver in the following
15		situations:
16		1. Of any minor upon receiving the notice provided for
17		in Section 5-901 of the Juvenile Court Act of 1987 that the
18		minor has been adjudicated under that Act as having
19		committed an offense relating to motor vehicles prescribed
20		in Section 4-103 of this Code;
21		2. Of any person when any other law of this State
22		requires either the revocation or suspension of a license
23		or permit;
24		3. Of any person adjudicated under the Juvenile Court
25		Act of 1987 based on an offense determined to have been
26		committed in furtherance of the criminal activities of an

HB1054 Engrossed - 5 - LRB099 04884 RJF 24913 b
1		organized gang as provided in Section 5-710 of that Act,
2		and that involved the operation or use of a motor vehicle
3		or the use of a driver's license or permit. The revocation
4		shall remain in effect for the period determined by the
5		court. Upon the direction of the court, the Secretary shall
6		issue the person a judicial driving permit, also known as a
7		JDP. The JDP shall be subject to the same terms as a JDP
8		issued under Section 6-206.1, except that the court may
9		direct that a JDP issued under this subdivision (b)(3) be
10		effective immediately.
11		(c)(1) Whenever a person is convicted of any of the
12		offenses enumerated in this Section, the court may recommend
13		and the Secretary of State in his discretion, without regard to
14		whether the recommendation is made by the court may, upon
15		application, issue to the person a restricted driving permit
16		granting the privilege of driving a motor vehicle between the
17		petitioner's residence and petitioner's place of employment or
18		within the scope of the petitioner's employment related duties,
19		or to allow the petitioner to transport himself or herself or a
20		family member of the petitioner's household to a medical
21		facility for the receipt of necessary medical care or to allow
22		the petitioner to transport himself or herself to and from
23		alcohol or drug remedial or rehabilitative activity
24		recommended by a licensed service provider, or to allow the
25		petitioner to transport himself or herself or a family member
26		of the petitioner's household to classes, as a student, at an

HB1054 Engrossed - 6 - LRB099 04884 RJF 24913 b
1		accredited educational institution, or to allow the petitioner
2		to transport children, elderly persons, or disabled persons who
3		do not hold driving privileges and are living in the
4		petitioner's household to and from daycare; if the petitioner
5		is able to demonstrate that no alternative means of
6		transportation is reasonably available and that the petitioner
7		will not endanger the public safety or welfare; provided that
8		the Secretary's discretion shall be limited to cases where
9		undue hardship, as defined by the rules of the Secretary of
10		State, would result from a failure to issue the restricted
11		driving permit. Those multiple offenders identified in
12		subdivision (b)4 of Section 6-208 of this Code, however, shall
13		not be eligible for the issuance of a restricted driving
14		permit.
15		(2) If a person's license or permit is revoked or
16		suspended due to 2 or more convictions of violating Section
17		11-501 of this Code or a similar provision of a local
18		ordinance or a similar out-of-state offense, or Section 9-3
19		of the Criminal Code of 1961 or the Criminal Code of 2012,
20		where the use of alcohol or other drugs is recited as an
21		element of the offense, or a similar out-of-state offense,
22		or a combination of these offenses, arising out of separate
23		occurrences, that person, if issued a restricted driving
24		permit, may not operate a vehicle unless it has been
25		equipped with an ignition interlock device as defined in
26		Section 1-129.1.

HB1054 Engrossed - 7 - LRB099 04884 RJF 24913 b
1		(3) If:
2		(A) a person's license or permit is revoked or
3		suspended 2 or more times due to any combination of:
4		(i) a single conviction of violating Section
5		11-501 of this Code or a similar provision of a
6		local ordinance or a similar out-of-state offense,
7		or Section 9-3 of the Criminal Code of 1961 or the
8		Criminal Code of 2012, where the use of alcohol or
9		other drugs is recited as an element of the
10		offense, or a similar out-of-state offense; or
11		(ii) a statutory summary suspension or
12		revocation under Section 11-501.1; or
13		(iii) a suspension pursuant to Section
14		6-203.1;
15		arising out of separate occurrences; or
16		(B) a person has been convicted of one violation of
17		subparagraph (C) or (F) of paragraph (1) of subsection
18		(d) of Section 11-501 of this Code, Section 9-3 of the
19		Criminal Code of 1961 or the Criminal Code of 2012,
20		relating to the offense of reckless homicide where the
21		use of alcohol or other drugs was recited as an element
22		of the offense, or a similar provision of a law of
23		another state;
24		that person, if issued a restricted driving permit, may not
25		operate a vehicle unless it has been equipped with an
26		ignition interlock device as defined in Section 1-129.1.

HB1054 Engrossed - 8 - LRB099 04884 RJF 24913 b
1		(4) The person issued a permit conditioned on the use
2		of an ignition interlock device must pay to the Secretary
3		of State DUI Administration Fund an amount not to exceed
4		$30 per month. The Secretary shall establish by rule the
5		amount and the procedures, terms, and conditions relating
6		to these fees.
7		(5) If the restricted driving permit is issued for
8		employment purposes, then the prohibition against
9		operating a motor vehicle that is not equipped with an
10		ignition interlock device does not apply to the operation
11		of an occupational vehicle owned or leased by that person's
12		employer when used solely for employment purposes. For any
13		person who, within a 5-year period, is convicted of a
14		second or subsequent offense under Section 11-501 of this
15		Code, or a similar provision of a local ordinance or
16		similar out-of-state offense, this employment exemption
17		does not apply until a one year period has elapsed during
18		which that person either had his or her driving privileges
19		revoked or had a restricted driving permit which required
20		the use of an ignition interlock device on every motor
21		vehicle owned or operated by that person.
22		(6) In each case the Secretary of State may issue a
23		restricted driving permit for a period he deems
24		appropriate, except that the permit shall expire within one
25		year from the date of issuance. A restricted driving permit
26		issued under this Section shall be subject to cancellation,

HB1054 Engrossed - 9 - LRB099 04884 RJF 24913 b
1		revocation, and suspension by the Secretary of State in
2		like manner and for like cause as a driver's license issued
3		under this Code may be cancelled, revoked, or suspended;
4		except that a conviction upon one or more offenses against
5		laws or ordinances regulating the movement of traffic shall
6		be deemed sufficient cause for the revocation, suspension,
7		or cancellation of a restricted driving permit. The
8		Secretary of State may, as a condition to the issuance of a
9		restricted driving permit, require the petitioner to
10		participate in a designated driver remedial or
11		rehabilitative program. The Secretary of State is
12		authorized to cancel a restricted driving permit if the
13		permit holder does not successfully complete the program.
14		However, if an individual's driving privileges have been
15		revoked in accordance with paragraph 13 of subsection (a)
16		of this Section, no restricted driving permit shall be
17		issued until the individual has served 6 months of the
18		revocation period.
19		(c-5) (Blank).
20		(c-6) If a person is convicted of a second violation of
21		operating a motor vehicle while the person's driver's license,
22		permit or privilege was revoked, where the revocation was for a
23		violation of Section 9-3 of the Criminal Code of 1961 or the
24		Criminal Code of 2012 relating to the offense of reckless
25		homicide or a similar out-of-state offense, the person's
26		driving privileges shall be revoked pursuant to subdivision

HB1054 Engrossed - 10 - LRB099 04884 RJF 24913 b
1		(a)(15) of this Section. The person may not make application
2		for a license or permit until the expiration of five years from
3		the effective date of the revocation or the expiration of five
4		years from the date of release from a term of imprisonment,
5		whichever is later.
6		(c-7) If a person is convicted of a third or subsequent
7		violation of operating a motor vehicle while the person's
8		driver's license, permit or privilege was revoked, where the
9		revocation was for a violation of Section 9-3 of the Criminal
10		Code of 1961 or the Criminal Code of 2012 relating to the
11		offense of reckless homicide or a similar out-of-state offense,
12		the person may never apply for a license or permit.
13		(d)(1) Whenever a person under the age of 21 is convicted
14		under Section 11-501 of this Code or a similar provision of a
15		local ordinance or a similar out-of-state offense, the
16		Secretary of State shall revoke the driving privileges of that
17		person. One year after the date of revocation, and upon
18		application, the Secretary of State may, if satisfied that the
19		person applying will not endanger the public safety or welfare,
20		issue a restricted driving permit granting the privilege of
21		driving a motor vehicle only between the hours of 5 a.m. and 9
22		p.m. or as otherwise provided by this Section for a period of
23		one year. After this one year period, and upon reapplication
24		for a license as provided in Section 6-106, upon payment of the
25		appropriate reinstatement fee provided under paragraph (b) of
26		Section 6-118, the Secretary of State, in his discretion, may

HB1054 Engrossed - 11 - LRB099 04884 RJF 24913 b
1		reinstate the petitioner's driver's license and driving
2		privileges, or extend the restricted driving permit as many
3		times as the Secretary of State deems appropriate, by
4		additional periods of not more than 12 months each.
5		(2) If a person's license or permit is revoked or
6		suspended due to 2 or more convictions of violating Section
7		11-501 of this Code or a similar provision of a local
8		ordinance or a similar out-of-state offense, or Section 9-3
9		of the Criminal Code of 1961 or the Criminal Code of 2012,
10		where the use of alcohol or other drugs is recited as an
11		element of the offense, or a similar out-of-state offense,
12		or a combination of these offenses, arising out of separate
13		occurrences, that person, if issued a restricted driving
14		permit, may not operate a vehicle unless it has been
15		equipped with an ignition interlock device as defined in
16		Section 1-129.1.
17		(3) If a person's license or permit is revoked or
18		suspended 2 or more times due to any combination of:
19		(A) a single conviction of violating Section
20		11-501 of this Code or a similar provision of a local
21		ordinance or a similar out-of-state offense, or
22		Section 9-3 of the Criminal Code of 1961 or the
23		Criminal Code of 2012, where the use of alcohol or
24		other drugs is recited as an element of the offense, or
25		a similar out-of-state offense; or
26		(B) a statutory summary suspension or revocation

HB1054 Engrossed - 12 - LRB099 04884 RJF 24913 b
1		under Section 11-501.1; or
2		(C) a suspension pursuant to Section 6-203.1;
3		arising out of separate occurrences, that person, if issued
4		a restricted driving permit, may not operate a vehicle
5		unless it has been equipped with an ignition interlock
6		device as defined in Section 1-129.1.
7		(3.5) If a person's license or permit is revoked or
8		suspended due to a conviction for a violation of
9		subparagraph (C) or (F) of paragraph (1) of subsection (d)
10		of Section 11-501 of this Code, or a similar provision of a
11		local ordinance or similar out-of-state offense, that
12		person, if issued a restricted driving permit, may not
13		operate a vehicle unless it has been equipped with an
14		ignition interlock device as defined in Section 1-129.1.
15		(4) The person issued a permit conditioned upon the use
16		of an interlock device must pay to the Secretary of State
17		DUI Administration Fund an amount not to exceed $30 per
18		month. The Secretary shall establish by rule the amount and
19		the procedures, terms, and conditions relating to these
20		fees.
21		(5) If the restricted driving permit is issued for
22		employment purposes, then the prohibition against driving
23		a vehicle that is not equipped with an ignition interlock
24		device does not apply to the operation of an occupational
25		vehicle owned or leased by that person's employer when used
26		solely for employment purposes. For any person who, within

HB1054 Engrossed - 13 - LRB099 04884 RJF 24913 b
1		a 5-year period, is convicted of a second or subsequent
2		offense under Section 11-501 of this Code, or a similar
3		provision of a local ordinance or similar out-of-state
4		offense, this employment exemption does not apply until a
5		one year period has elapsed during which that person either
6		had his or her driving privileges revoked or had a
7		restricted driving permit which required the use of an
8		ignition interlock device on every motor vehicle owned or
9		operated by that person.
10		(6) A restricted driving permit issued under this
11		Section shall be subject to cancellation, revocation, and
12		suspension by the Secretary of State in like manner and for
13		like cause as a driver's license issued under this Code may
14		be cancelled, revoked, or suspended; except that a
15		conviction upon one or more offenses against laws or
16		ordinances regulating the movement of traffic shall be
17		deemed sufficient cause for the revocation, suspension, or
18		cancellation of a restricted driving permit.
19		(d-5) The revocation of the license, permit, or driving
20		privileges of a person convicted of a third or subsequent
21		violation of Section 6-303 of this Code committed while his or
22		her driver's license, permit, or privilege was revoked because
23		of a violation of Section 9-3 of the Criminal Code of 1961 or
24		the Criminal Code of 2012, relating to the offense of reckless
25		homicide, or a similar provision of a law of another state, is
26		permanent. The Secretary may not, at any time, issue a license

HB1054 Engrossed - 14 - LRB099 04884 RJF 24913 b
1		or permit to that person.
2		(e) This Section is subject to the provisions of the Driver
3		License Compact.
4		(f) Any revocation imposed upon any person under
5		subsections 2 and 3 of paragraph (b) that is in effect on
6		December 31, 1988 shall be converted to a suspension for a like
7		period of time.
8		(g) The Secretary of State shall not issue a restricted
9		driving permit to a person under the age of 16 years whose
10		driving privileges have been revoked under any provisions of
11		this Code.
12		(h) The Secretary of State shall require the use of
13		ignition interlock devices on all vehicles owned by a person
14		who has been convicted of a second or subsequent offense under
15		Section 11-501 of this Code or a similar provision of a local
16		ordinance. The person must pay to the Secretary of State DUI
17		Administration Fund an amount not to exceed $30 for each month
18		that he or she uses the device. The Secretary shall establish
19		by rule and regulation the procedures for certification and use
20		of the interlock system, the amount of the fee, and the
21		procedures, terms, and conditions relating to these fees.
22		(i) (Blank).
23		(j) In accordance with 49 C.F.R. 384, the Secretary of
24		State may not issue a restricted driving permit for the
25		operation of a commercial motor vehicle to a person holding a
26		CDL whose driving privileges have been revoked, suspended,

HB1054 Engrossed - 15 - LRB099 04884 RJF 24913 b
1		cancelled, or disqualified under any provisions of this Code.
2		(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
3		96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
4		7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
5		1-1-13; 97-1150, eff. 1-25-13; 09900SB0627enr.)
6		(625 ILCS 5/6-206)
7		Sec. 6-206. Discretionary authority to suspend or revoke
8		license or permit; Right to a hearing.
9		(a) The Secretary of State is authorized to suspend or
10		revoke the driving privileges of any person without preliminary
11		hearing upon a showing of the person's records or other
12		sufficient evidence that the person:
13		1. Has committed an offense for which mandatory
14		revocation of a driver's license or permit is required 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

HB1054 Engrossed - 16 - LRB099 04884 RJF 24913 b
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

HB1054 Engrossed - 17 - LRB099 04884 RJF 24913 b
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

HB1054 Engrossed - 18 - LRB099 04884 RJF 24913 b
1		Criminal Code of 1961 or the Criminal Code of 2012 relating
2		to criminal trespass to vehicles in which case, the
3		suspension shall be for one 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 or the Criminal Code of 2012
25		relating to unlawful use of weapons, in which case the
26		suspension shall be for one year;

HB1054 Engrossed - 19 - LRB099 04884 RJF 24913 b
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 or in
8		another state of or for a traffic related offense that is
9		the same as or similar to an offense specified under
10		Section 6-205 or 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 for a first time of the illegal
21		possession, while operating or in actual physical control,
22		as a driver, of a motor vehicle, of any controlled
23		substance prohibited under the Illinois Controlled
24		Substances Act, any cannabis prohibited under the Cannabis
25		Control Act, or any methamphetamine prohibited under the
26		Methamphetamine Control and Community Protection Act, in

HB1054 Engrossed - 20 - LRB099 04884 RJF 24913 b
1		which case the person's driving privileges shall be
2		suspended for one year. Any defendant found guilty of this
3		offense while operating a motor vehicle, shall have an
4		entry made in the court record by the presiding judge that
5		this offense did occur while the defendant was operating a
6		motor vehicle and order the clerk of the court to report
7		the violation to the Secretary of State;
8		29. Has been convicted of the following offenses that
9		were committed while the person was operating or in actual
10		physical control, as a driver, of a motor vehicle: criminal
11		sexual assault, predatory criminal sexual assault of a
12		child, aggravated criminal sexual assault, criminal sexual
13		abuse, aggravated criminal sexual abuse, juvenile pimping,
14		soliciting for a juvenile prostitute, promoting juvenile
15		prostitution as described in subdivision (a)(1), (a)(2),
16		or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
17		or the Criminal Code of 2012, and the manufacture, sale or
18		delivery of controlled substances or instruments used for
19		illegal drug use or abuse in which case the driver's
20		driving privileges shall be suspended for one year;
21		30. Has been convicted a second or subsequent time for
22		any combination of the offenses named in paragraph 29 of
23		this subsection, in which case the person's driving
24		privileges shall be suspended for 5 years;
25		31. Has refused to submit to a test as required by
26		Section 11-501.6 of this Code or Section 5-16c of the Boat

HB1054 Engrossed - 21 - LRB099 04884 RJF 24913 b
1		Registration and Safety Act or has submitted to a test
2		resulting in an alcohol concentration of 0.08 or more or
3		any amount of a drug, substance, or compound resulting from
4		the unlawful use or consumption of cannabis as listed in
5		the Cannabis Control Act, a controlled substance as listed
6		in the Illinois Controlled Substances Act, an intoxicating
7		compound as listed in the Use of Intoxicating Compounds
8		Act, or methamphetamine as listed in the Methamphetamine
9		Control and Community Protection Act, in which case the
10		penalty shall be as prescribed in Section 6-208.1;
11		32. Has been convicted of Section 24-1.2 of the
12		Criminal Code of 1961 or the Criminal Code of 2012 relating
13		to the aggravated discharge of a firearm if the offender
14		was located in a motor vehicle at the time the firearm was
15		discharged, in which case the suspension shall be for 3
16		years;
17		33. Has as a driver, who was less than 21 years of age
18		on the date of the offense, been convicted a first time of
19		a violation of paragraph (a) of Section 11-502 of this Code
20		or a similar provision of a local ordinance;
21		34. Has committed a violation of Section 11-1301.5 of
22		this Code or a similar provision of a local ordinance;
23		35. Has committed a violation of Section 11-1301.6 of
24		this Code or a similar provision of a local ordinance;
25		36. Is under the age of 21 years at the time of arrest
26		and has been convicted of not less than 2 offenses against

HB1054 Engrossed - 22 - LRB099 04884 RJF 24913 b
1		traffic regulations governing the movement of vehicles
2		committed within any 24 month period. No revocation or
3		suspension shall be entered more than 6 months after the
4		date of last conviction;
5		37. Has committed a violation of subsection (c) of
6		Section 11-907 of this Code that resulted in damage to the
7		property of another or the death or injury of another;
8		38. Has been convicted of a violation of Section 6-20
9		of the Liquor Control Act of 1934 or a similar provision of
10		a local ordinance;
11		39. Has committed a second or subsequent violation of
12		Section 11-1201 of this Code;
13		40. Has committed a violation of subsection (a-1) of
14		Section 11-908 of this Code;
15		41. Has committed a second or subsequent violation of
16		Section 11-605.1 of this Code, a similar provision of a
17		local ordinance, or a similar violation in any other state
18		within 2 years of the date of the previous violation, in
19		which case the suspension shall be for 90 days;
20		42. Has committed a violation of subsection (a-1) of
21		Section 11-1301.3 of this Code or a similar provision of a
22		local ordinance;
23		43. Has received a disposition of court supervision for
24		a violation of subsection (a), (d), or (e) of Section 6-20
25		of the Liquor Control Act of 1934 or a similar provision of
26		a local ordinance, in which case the suspension shall be

HB1054 Engrossed - 23 - LRB099 04884 RJF 24913 b
1		for a period of 3 months;
2		44. Is under the age of 21 years at the time of arrest
3		and has been convicted of an offense against traffic
4		regulations governing the movement of vehicles after
5		having previously had his or her driving privileges
6		suspended or revoked pursuant to subparagraph 36 of this
7		Section;
8		45. Has, in connection with or during the course of a
9		formal hearing conducted under Section 2-118 of this Code:
10		(i) committed perjury; (ii) submitted fraudulent or
11		falsified documents; (iii) submitted documents that have
12		been materially altered; or (iv) submitted, as his or her
13		own, documents that were in fact prepared or composed for
14		another person;
15		46. Has committed a violation of subsection (j) of
16		Section 3-413 of this Code; or
17		47. Has committed a violation of Section 11-502.1 of
18		this Code.
19		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
20		and 27 of this subsection, license means any driver's license,
21		any traffic ticket issued when the person's driver's license is
22		deposited in lieu of bail, a suspension notice issued by the
23		Secretary of State, a duplicate or corrected driver's license,
24		a probationary driver's license or a temporary driver's
25		license.
26		(b) If any conviction forming the basis of a suspension or

HB1054 Engrossed - 24 - LRB099 04884 RJF 24913 b
1		revocation authorized under this Section is appealed, the
2		Secretary of State may rescind or withhold the entry of the
3		order of suspension or revocation, as the case may be, provided
4		that a certified copy of a stay order of a court is filed with
5		the Secretary of State. If the conviction is affirmed on
6		appeal, the date of the conviction shall relate back to the
7		time the original judgment of conviction was entered and the 6
8		month limitation prescribed shall not apply.
9		(c) 1. Upon suspending or revoking the driver's license or
10		permit of any person as authorized in this Section, the
11		Secretary of State shall immediately notify the person in
12		writing of the revocation or suspension. The notice to be
13		deposited in the United States mail, postage prepaid, to the
14		last known address of the person.
15		2. If the Secretary of State suspends the driver's license
16		of a person under subsection 2 of paragraph (a) of this
17		Section, a person's privilege to operate a vehicle as an
18		occupation shall not be suspended, provided an affidavit is
19		properly completed, the appropriate fee received, and a permit
20		issued prior to the effective date of the suspension, unless 5
21		offenses were committed, at least 2 of which occurred while
22		operating a commercial vehicle in connection with the driver's
23		regular occupation. All other driving privileges shall be
24		suspended by the Secretary of State. Any driver prior to
25		operating a vehicle for occupational purposes only must submit
26		the affidavit on forms to be provided by the Secretary of State

HB1054 Engrossed - 25 - LRB099 04884 RJF 24913 b
1		setting forth the facts of the person's occupation. The
2		affidavit shall also state the number of offenses committed
3		while operating a vehicle in connection with the driver's
4		regular occupation. The affidavit shall be accompanied by the
5		driver's license. Upon receipt of a properly completed
6		affidavit, the Secretary of State shall issue the driver a
7		permit to operate a vehicle in connection with the driver's
8		regular occupation only. Unless the permit is issued by the
9		Secretary of State prior to the date of suspension, the
10		privilege to drive any motor vehicle shall be suspended as set
11		forth in the notice that was mailed under this Section. If an
12		affidavit is received subsequent to the effective date of this
13		suspension, a permit may be issued for the remainder of the
14		suspension period.
15		The provisions of this subparagraph shall not apply to any
16		driver required to possess a CDL for the purpose of operating a
17		commercial motor vehicle.
18		Any person who falsely states any fact in the affidavit
19		required herein shall be guilty of perjury under Section 6-302
20		and upon conviction thereof shall have all driving privileges
21		revoked without further rights.
22		3. At the conclusion of a hearing under Section 2-118 of
23		this Code, the Secretary of State shall either rescind or
24		continue an order of revocation or shall substitute an order of
25		suspension; or, good cause appearing therefor, rescind,
26		continue, change, or extend the order of suspension. If the

HB1054 Engrossed - 26 - LRB099 04884 RJF 24913 b
1		Secretary of State does not rescind the order, the Secretary
2		may upon application, to relieve undue hardship (as defined by
3		the rules of the Secretary of State), issue a restricted
4		driving permit granting the privilege of driving a motor
5		vehicle between the petitioner's residence and petitioner's
6		place of employment or within the scope of the petitioner's
7		employment related duties, or to allow the petitioner to
8		transport himself or herself, or a family member of the
9		petitioner's household to a medical facility, to receive
10		necessary medical care, to allow the petitioner to transport
11		himself or herself to and from alcohol or drug remedial or
12		rehabilitative activity recommended by a licensed service
13		provider, or to allow the petitioner to transport himself or
14		herself or a family member of the petitioner's household to
15		classes, as a student, at an accredited educational
16		institution, or to allow the petitioner to transport children,
17		elderly persons, or disabled persons who do not hold driving
18		privileges and are living in the petitioner's household to and
19		from daycare. The petitioner must demonstrate that no
20		alternative means of transportation is reasonably available
21		and that the petitioner will not endanger the public safety or
22		welfare. Those multiple offenders identified in subdivision
23		(b)4 of Section 6-208 of this Code, however, shall not be
24		eligible for the issuance of a restricted driving permit.
25		(A) If a person's license or permit is revoked or
26		suspended due to 2 or more convictions of violating Section

HB1054 Engrossed - 27 - LRB099 04884 RJF 24913 b
1		11-501 of this Code or a similar provision of a local
2		ordinance or a similar out-of-state offense, or Section 9-3
3		of the Criminal Code of 1961 or the Criminal Code of 2012,
4		where the use of alcohol or other drugs is recited as an
5		element of the offense, or a similar out-of-state offense,
6		or a combination of these offenses, arising out of separate
7		occurrences, that person, if issued a restricted driving
8		permit, may not operate a vehicle unless it has been
9		equipped with an ignition interlock device as defined in
10		Section 1-129.1.
11		(B) If a person's license or permit is revoked or
12		suspended 2 or more times due to any combination of:
13		(i) a single conviction of violating Section
14		11-501 of this Code or a similar provision of a local
15		ordinance or a similar out-of-state offense or Section
16		9-3 of the Criminal Code of 1961 or the Criminal Code
17		of 2012, where the use of alcohol or other drugs is
18		recited as an element of the offense, or a similar
19		out-of-state offense; or
20		(ii) a statutory summary suspension or revocation
21		under Section 11-501.1; or
22		(iii) a suspension under Section 6-203.1;
23		arising out of separate occurrences; that person, if issued
24		a restricted driving permit, may not operate a vehicle
25		unless it has been equipped with an ignition interlock
26		device as defined in Section 1-129.1.

HB1054 Engrossed - 28 - LRB099 04884 RJF 24913 b
1		(B-5) If a person's license or permit is revoked or
2		suspended due to a conviction for a violation of
3		subparagraph (C) or (F) of paragraph (1) of subsection (d)
4		of Section 11-501 of this Code, or a similar provision of a
5		local ordinance or similar out-of-state offense, that
6		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		(C) The person issued a permit conditioned upon 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		(D) 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. For any
21		person who, within a 5-year period, is convicted of a
22		second or subsequent offense under Section 11-501 of this
23		Code, or a similar provision of a local ordinance or
24		similar out-of-state offense, this employment exemption
25		does not apply until a one year period has elapsed during
26		which that person either had his or her driving privileges

HB1054 Engrossed - 29 - LRB099 04884 RJF 24913 b
1		revoked or had a restricted driving permit which required
2		the use of an ignition interlock device on every motor
3		vehicle owned or operated by that person.
4		(E) In each case the Secretary may issue a restricted
5		driving permit for a period deemed appropriate, except that
6		all permits shall expire within one year from the date of
7		issuance. A restricted driving permit issued under this
8		Section shall be subject to cancellation, revocation, and
9		suspension by the Secretary of State in like manner and for
10		like cause as a driver's license issued under this Code may
11		be cancelled, revoked, or suspended; except that a
12		conviction upon one or more offenses against laws or
13		ordinances regulating the movement of traffic shall be
14		deemed sufficient cause for the revocation, suspension, or
15		cancellation of a restricted driving permit. The Secretary
16		of State may, as a condition to the issuance of a
17		restricted driving permit, require the applicant to
18		participate in a designated driver remedial or
19		rehabilitative program. The Secretary of State is
20		authorized to cancel a restricted driving permit if the
21		permit holder does not successfully complete the program.
22		(c-3) In the case of a suspension under paragraph 43 of
23		subsection (a), reports received by the Secretary of State
24		under this Section shall, except during the actual time the
25		suspension is in effect, be privileged information and for use
26		only by the courts, police officers, prosecuting authorities,

HB1054 Engrossed - 30 - LRB099 04884 RJF 24913 b
1		the driver licensing administrator of any other state, the
2		Secretary of State, or the parent or legal guardian of a driver
3		under the age of 18. However, beginning January 1, 2008, if the
4		person is a CDL holder, the suspension shall also be made
5		available to the driver licensing administrator of any other
6		state, the U.S. Department of Transportation, and the affected
7		driver or motor carrier or prospective motor carrier upon
8		request.
9		(c-4) In the case of a suspension under paragraph 43 of
10		subsection (a), the Secretary of State shall notify the person
11		by mail that his or her driving privileges and driver's license
12		will be suspended one month after the date of the mailing of
13		the notice.
14		(c-5) The Secretary of State may, as a condition of the
15		reissuance of a driver's license or permit to an applicant
16		whose driver's license or permit has been suspended before he
17		or she reached the age of 21 years pursuant to any of the
18		provisions of this Section, require the applicant to
19		participate in a driver remedial education course and be
20		retested under Section 6-109 of this Code.
21		(d) This Section is subject to the provisions of the
22		Drivers License Compact.
23		(e) The Secretary of State shall not issue a restricted
24		driving permit to a person under the age of 16 years whose
25		driving privileges have been suspended or revoked under any
26		provisions of this Code.

HB1054 Engrossed - 31 - LRB099 04884 RJF 24913 b
1		(f) In accordance with 49 C.F.R. 384, the Secretary of
2		State may not issue a restricted driving permit for the
3		operation of a commercial motor vehicle to a person holding a
4		CDL whose driving privileges have been suspended, revoked,
5		cancelled, or disqualified under any provisions of this Code.
6		(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
7		97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
8		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
9		1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.
10		7-16-14; 09900SB0627enr.)
11		Section 99. Effective date. This Act takes effect upon
12		becoming law or on the date Senate Bill 627 of the 99th General
13		Assembly takes effect, whichever is later.