Bill Text: IL HB5493 | 2011-2012 | 97th General Assembly | Chaptered


Bill Title: Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke the driving privileges of a person convicted of second or subsequent conviction of illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act. Provides that a defendant found guilty of this offense while operating a motor vehicle shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State. Provides that a person convicted for a first time shall have his or her driving privileges suspended for a period of one year. Removes language providing that the Secretary of State shall suspend the driving privileges of a person convicted for a second or subsequent time for a period of 5 years.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-07-20 - Public Act . . . . . . . . . 97-0838 [HB5493 Detail]

Download: Illinois-2011-HB5493-Chaptered.html



Public Act 097-0838
HB5493 EnrolledLRB097 19359 HEP 64608 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 3-100.2, 3-821, 5-501, 5-801, 6-205 and 6-206 and by
adding Section 5-803 as follows:
(625 ILCS 5/3-100.2)
Sec. 3-100.2. Electronic access; agreements with
submitters.
(a) The Secretary of State may allow, but not require, a
licensee under Chapter 3 or 5 of this Code person to submit any
record required to be submitted to the Secretary of State by
using electronic media deemed feasible by the Secretary of
State, in addition to instead of requiring the actual submittal
of the original paper record. The Secretary of State may also
allow, but not require, a person or licensee to receive any
record to be provided by the Secretary of State by using
electronic media deemed feasible by the Secretary of State,
instead of providing the original paper record.
(b) Electronic submittal, receipt, and delivery of records
and electronic signatures may be authorized or accepted by the
Secretary of State, when supported by a signed agreement
between the Secretary of State and the submitter. The agreement
shall require, at a minimum, each record to include all
information necessary to complete a transaction, certification
by the submitter upon its best knowledge as to the truthfulness
of the data to be submitted to the Secretary of State, and
retention by the submitter of supporting records.
(c) The Secretary of State may establish minimum
transaction volume levels, audit and security standards,
technological requirements, and other terms and conditions he
or she deems necessary for approval of the electronic delivery
process.
(d) When an agreement is made to accept electronic records,
the Secretary of State shall not be required to produce a
written record for the submitter with whom the Secretary of
State has the agreement until requested to do so by the
submitter.
(e) Upon the request of a lienholder submitter, the
Secretary of State shall provide electronic notification to the
lienholder submitter to verify the notation and perfection of
the lienholder's security interest in a vehicle for which the
certificate of title is an electronic record. Upon receipt of
an electronic message from a lienholder submitter with a
security interest in a vehicle for which the certificate of
title is an electronic record that the lien should be released,
the Secretary of State shall enter the appropriate electronic
record of the release of lien and print and mail a paper
certificate of title to the owner or lienholder at no expense.
The Secretary of State may also mail the certificate to any
other person that delivers to the Secretary of State an
authorization from the owner to receive the certificate. If
another lienholder holds a properly perfected security
interest in the vehicle as reflected in the records of the
Secretary of State, the certificate shall be delivered to that
lienholder instead of the owner.
(Source: P.A. 91-772, eff. 1-1-01.)
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
Sec. 3-821. Miscellaneous Registration and Title Fees.
(a) The fee to be paid to the Secretary of State for the
following certificates, registrations or evidences of proper
registration, or for corrected or duplicate documents shall be
in accordance with the following schedule:
Certificate of Title, except for an all-terrain
vehicle or off-highway motorcycle$95
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle$30
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle used for production
agriculture, or accepted by a dealer in trade13
Certificate of Title for a low-speed vehicle30
Transfer of Registration or any evidence of
proper registration $25
Duplicate Registration Card for plates or other
evidence of proper registration3
Duplicate Registration Sticker or Stickers, each20
Duplicate Certificate of Title95
Corrected Registration Card or Card for other
evidence of proper registration3
Corrected Certificate of Title95
Salvage Certificate4
Fleet Reciprocity Permit15
Prorate Decal1
Prorate Backing Plate3
Special Corrected Certificate of Title15
Expedited Title Service (to be charged in addition
to other applicable fees)30
Dealer Lien Release Certificate of Title 20
A special corrected certificate of title shall be issued
(i) to remove a co-owner's name due to the death of the
co-owner or due to a divorce or (ii) to change a co-owner's
name due to a marriage.
There shall be no fee paid for a Junking Certificate.
There shall be no fee paid for a certificate of title
issued to a county when the vehicle is forfeited to the county
under Article 36 of the Criminal Code of 1961.
(a-5) The Secretary of State may revoke a certificate of
title and registration card and issue a corrected certificate
of title and registration card, at no fee to the vehicle owner
or lienholder, if there is proof that the vehicle
identification number is erroneously shown on the original
certificate of title.
(a-10) The Secretary of State may issue, in connection with
the sale of a motor vehicle, a corrected title to a motor
vehicle dealer upon application and submittal of a lien release
letter from the lienholder listed in the files of the
Secretary. In the case of a title issued by another state, the
dealer must submit proof from the state that issued the last
title. The corrected title, which shall be known as a dealer
lien release certificate of title, shall be issued in the name
of the vehicle owner without the named lienholder. If the motor
vehicle is currently titled in a state other than Illinois, the
applicant must submit either (i) a letter from the current
lienholder releasing the lien and stating that the lienholder
has possession of the title; or (ii) a letter from the current
lienholder releasing the lien and a copy of the records of the
department of motor vehicles for the state in which the vehicle
is titled, showing that the vehicle is titled in the name of
the applicant and that no liens are recorded other than the
lien for which a release has been submitted. The fee for the
dealer lien release certificate of title is $20.
(b) The Secretary may prescribe the maximum service charge
to be imposed upon an applicant for renewal of a registration
by any person authorized by law to receive and remit or
transmit to the Secretary such renewal application and fees
therewith.
(c) If a check is delivered to the Office of the Secretary
of State as payment of any fee or tax under this Code, and such
check is not honored by the bank on which it is drawn for any
reason, the registrant or other person tendering the check
remains liable for the payment of such fee or tax. The
Secretary of State may assess a service charge of $19 in
addition to the fee or tax due and owing for all dishonored
checks.
If the total amount then due and owing exceeds the sum of
$50 and has not been paid in full within 60 days from the date
such fee or tax became due to the Secretary of State, the
Secretary of State shall assess a penalty of 25% of such amount
remaining unpaid.
All amounts payable under this Section shall be computed to
the nearest dollar.
(d) The minimum fee and tax to be paid by any applicant for
apportionment of a fleet of vehicles under this Code shall be
$15 if the application was filed on or before the date
specified by the Secretary together with fees and taxes due. If
an application and the fees or taxes due are filed after the
date specified by the Secretary, the Secretary may prescribe
the payment of interest at the rate of 1/2 of 1% per month or
fraction thereof after such due date and a minimum of $8.
(e) Trucks, truck tractors, truck tractors with loads, and
motor buses, any one of which having a combined total weight in
excess of 12,000 lbs. shall file an application for a Fleet
Reciprocity Permit issued by the Secretary of State. This
permit shall be in the possession of any driver operating a
vehicle on Illinois highways. Any foreign licensed vehicle of
the second division operating at any time in Illinois without a
Fleet Reciprocity Permit or other proper Illinois
registration, shall subject the operator to the penalties
provided in Section 3-834 of this Code. For the purposes of
this Code, "Fleet Reciprocity Permit" means any second division
motor vehicle with a foreign license and used only in
interstate transportation of goods. The fee for such permit
shall be $15 per fleet which shall include all vehicles of the
fleet being registered.
(f) For purposes of this Section, "all-terrain vehicle or
off-highway motorcycle used for production agriculture" means
any all-terrain vehicle or off-highway motorcycle used in the
raising of or the propagation of livestock, crops for sale for
human consumption, crops for livestock consumption, and
production seed stock grown for the propagation of feed grains
and the husbandry of animals or for the purpose of providing a
food product, including the husbandry of blood stock as a main
source of providing a food product. "All-terrain vehicle or
off-highway motorcycle used in production agriculture" also
means any all-terrain vehicle or off-highway motorcycle used in
animal husbandry, floriculture, aquaculture, horticulture, and
viticulture.
(g) All of the proceeds of the additional fees imposed by
Public Act 96-34 shall be deposited into the Capital Projects
Fund.
(Source: P.A. 95-287, eff. 1-1-08; 96-34, eff. 7-13-09; 96-554,
eff. 1-1-10; 96-653, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1274, eff. 7-26-10.)
(625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501)
Sec. 5-501. Denial, suspension or revocation or
cancellation of a license.
(a) The license of a person issued under this Chapter may
be denied, revoked or suspended if the Secretary of State finds
that the applicant, or the officer, director, shareholder
having a ten percent or greater ownership interest in the
corporation, owner, partner, trustee, manager, employee or the
licensee has:
1. Violated this Act;
2. Made any material misrepresentation to the
Secretary of State in connection with an application for a
license, junking certificate, salvage certificate, title
or registration;
3. Committed a fraudulent act in connection with
selling, bartering, exchanging, offering for sale or
otherwise dealing in vehicles, chassis, essential parts,
or vehicle shells;
4. As a new vehicle dealer has no contract with a
manufacturer or enfranchised distributor to sell that new
vehicle in this State;
5. Not maintained an established place of business as
defined in this Code;
6. Failed to file or produce for the Secretary of State
any application, report, document or other pertinent
books, records, documents, letters, contracts, required to
be filed or produced under this Code or any rule or
regulation made by the Secretary of State pursuant to this
Code;
7. Previously had, within 3 years, such a license
denied, suspended, revoked, or cancelled under the
provisions of subsection (c)(2) of this Section;
8. Has committed in any calendar year 3 or more
violations, as determined in any civil or criminal
proceeding, of any one or more of the following Acts:
a. the "Consumer Finance Act";
b. the "Consumer Installment Loan Act";
c. the "Retail Installment Sales Act";
d. the "Motor Vehicle Retail Installment Sales
Act";
e. "An Act in relation to the rate of interest and
other charges in connection with sales on credit and
the lending of money", approved May 24, 1879, as
amended;
f. "An Act to promote the welfare of wage-earners
by regulating the assignment of wages, and prescribing
a penalty for the violation thereof", approved July 1,
1935, as amended;
g. Part 8 of Article XII of the Code of Civil
Procedure; or
h. the "Consumer Fraud Act";
9. Failed to pay any fees or taxes due under this Act,
or has failed to transmit any fees or taxes received by him
for transmittal by him to the Secretary of State or the
State of Illinois;
10. Converted an abandoned vehicle;
11. Used a vehicle identification plate or number
assigned to a vehicle other than the one to which
originally assigned;
12. Violated the provisions of Chapter 5 of this Act,
as amended;
13. Violated the provisions of Chapter 4 of this Act,
as amended;
14. Violated the provisions of Chapter 3 of this Act,
as amended;
15. Violated Section 21-2 of the Criminal Code of 1961,
Criminal Trespass to Vehicles;
16. Made or concealed a material fact in connection
with his application for a license;
17. Acted in the capacity of a person licensed or acted
as a licensee under this Chapter without having a license
therefor;
18. Failed to pay, within 90 days after a final
judgment, any fines assessed against the licensee pursuant
to an action brought under Section 5-404;
19. Failed to pay the Dealer Recovery Trust Fund fee
under Section 5-102.7 of this Code; .
20. Failed to pay, within 90 days after notice has been
given, any fine or fee owed as a result of an
administrative citation issued by the Secretary under this
Code.
(b) In addition to other grounds specified in this Chapter,
the Secretary of State, on complaint of the Department of
Revenue, shall refuse the issuance or renewal of a license, or
suspend or revoke such license, for any of the following
violations of the "Retailers' Occupation Tax Act":
1. Failure to make a tax return;
2. The filing of a fraudulent return;
3. Failure to pay all or part of any tax or penalty
finally determined to be due;
4. Failure to comply with the bonding requirements of
the "Retailers' Occupation Tax Act".
(b-1) In addition to other grounds specified in this
Chapter, the Secretary of State, on complaint of the Motor
Vehicle Review Board, shall refuse the issuance or renewal of a
license, or suspend or revoke that license, if costs or fees
assessed under Section 29 or Section 30 of the Motor Vehicle
Franchise Act have remained unpaid for a period in excess of 90
days after the licensee received from the Motor Vehicle Board a
second notice and demand for the costs or fees. The Motor
Vehicle Review Board must send the licensee written notice and
demand for payment of the fees or costs at least 2 times, and
the second notice and demand must be sent by certified mail.
(c) Cancellation of a license.
1. The license of a person issued under this Chapter
may be cancelled by the Secretary of State prior to its
expiration in any of the following situations:
A. When a license is voluntarily surrendered, by
the licensed person; or
B. If the business enterprise is a sole
proprietorship, which is not a franchised dealership,
when the sole proprietor dies or is imprisoned for any
period of time exceeding 30 days; or
C. If the license was issued to the wrong person or
corporation, or contains an error on its face. If any
person above whose license has been cancelled wishes to
apply for another license, whether during the same
license year or any other year, that person shall be
treated as any other new applicant and the cancellation
of the person's prior license shall not, in and of
itself, be a bar to the issuance of a new license.
2. The license of a person issued under this Chapter
may be cancelled without a hearing when the Secretary of
State is notified that the applicant, or any officer,
director, shareholder having a 10 per cent or greater
ownership interest in the corporation, owner, partner,
trustee, manager, employee or member of the applicant or
the licensee has been convicted of any felony involving the
selling, bartering, exchanging, offering for sale, or
otherwise dealing in vehicles, chassis, essential parts,
vehicle shells, or ownership documents relating to any of
the above items.
(Source: P.A. 97-480, eff. 10-1-11.)
(625 ILCS 5/5-801) (from Ch. 95 1/2, par. 5-801)
Sec. 5-801. Criminal penalties Penalties. Any person who
violates any of the provisions of this Chapter, except a person
who violates a provision for which a different criminal penalty
is indicated, shall be guilty of a Class A misdemeanor. Any
person who violates any provisions of Section 5-701 shall be
guilty of a Class 3 felony.
(Source: P.A. 95-51, eff. 1-1-08.)
(625 ILCS 5/5-803 new)
Sec. 5-803. Administrative penalties. Instead of filing a
criminal complaint against a new or used vehicle dealer, or
against any other entity licensed by the Secretary under this
Code, a Secretary of State Police investigator may issue
administrative citations for violations of any of the
provisions of this Chapter or any administrative rule adopted
by the Secretary under this Chapter. A party receiving a
citation shall have the right to contest the citation in
proceedings before the Secretary of State Department of
Administrative Hearings. Penalties imposed by issuance of an
administrative citation shall not exceed $50 per violation. A
penalty may not be imposed unless, during the course of a
single investigation or upon review of the party's records, the
party is found to have committed at least 3 separate violations
of one or more of the provisions of this Code or any
administrative rule adopted by the Secretary under this Code.
Penalties paid as a result of the issuance of administrative
citations shall be deposited in the Secretary of State Police
Services Fund.
(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code;
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state
offense;
16. Any offense against any provision in this Code, or
any local ordinance, regulating the movement of traffic
when that offense was the proximate cause of the death of
any person. Any person whose driving privileges have been
revoked pursuant to this paragraph may seek to have the
revocation terminated or to have the length of revocation
reduced by requesting an administrative hearing with the
Secretary of State prior to the projected driver's license
application eligibility date; .
17. A second or subsequent conviction of illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act. A
defendant found guilty of this offense while operating a
motor vehicle shall have an entry made in the court record
by the presiding judge that this offense did occur while
the defendant was operating a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court. Upon the direction of the court, the Secretary shall
issue the person a judicial driving permit, also known as a
JDP. The JDP shall be subject to the same terms as a JDP
issued under Section 6-206.1, except that the court may
direct that a JDP issued under this subdivision (b)(3) be
effective immediately.
(c)(1) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard to
whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related duties,
or to allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or disabled persons who
do not hold driving privileges and are living in the
petitioner's household to and from daycare; if the petitioner
is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted
driving permit. Those multiple offenders identified in
subdivision (b)4 of Section 6-208 of this Code, however, shall
not be eligible for the issuance of a restricted driving
permit.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a
similar out-of-state offense, or a combination of these
offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or
(iii) a suspension pursuant to Section
6-203.1;
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
Section 6-303 of this Code committed while his or her
driver's license, permit, or privilege was revoked
because of a violation of Section 9-3 of the Criminal
Code of 1961, relating to the offense of reckless
homicide where the use of alcohol or other drugs was
recited as an element of the offense, or a similar
provision of a law of another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use
of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems
appropriate, except that the permit shall expire within one
year from the date of issuance. The Secretary may not,
however, issue a restricted driving permit to any person
whose current revocation is the result of a second or
subsequent conviction for a violation of Section 11-501 of
this Code or a similar provision of a local ordinance or
any similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961, where the use of alcohol or other
drugs is recited as an element of the offense, or any
similar out-of-state offense, or any combination of these
offenses, until the expiration of at least one year from
the date of the revocation. A restricted driving permit
issued under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or suspended;
except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall
be deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of a
restricted driving permit, require the petitioner to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a)
of this Section, no restricted driving permit shall be
issued until the individual has served 6 months of the
revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 relating
to the offense of reckless homicide or a similar out-of-state
offense, the person's driving privileges shall be revoked
pursuant to subdivision (a)(15) of this Section. The person may
not make application for a license or permit until the
expiration of five years from the effective date of the
revocation or the expiration of five years from the date of
release from a term of imprisonment, whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 relating to the offense of reckless homicide or a
similar out-of-state offense, the person may never apply for a
license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961, where the use of alcohol or
other drugs is recited as an element of the offense, or a
similar out-of-state offense, or a combination of these
offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due to
any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense; or
(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(4) The person issued a permit conditioned upon the use
of an interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per
month. The Secretary shall establish by rule the amount and
the procedures, terms, and conditions relating to these
fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes.
(6) A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide, or a similar
provision of a law of another state, is permanent. The
Secretary may not, at any time, issue a license or permit to
that person.
(e) This Section is subject to the provisions of the Driver
License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person
who has been convicted of a second or subsequent offense under
Section 11-501 of this Code or a similar provision of a local
ordinance. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $30 for each month
that he or she uses the device. The Secretary shall establish
by rule and regulation the procedures for certification and use
of the interlock system, the amount of the fee, and the
procedures, terms, and conditions relating to these fees.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
7-1-11; 97-333, eff. 8-12-11.)
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 relating to criminal trespass to
vehicles in which case, the suspension shall be for one
year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois of or
for a traffic related offense that is the same as or
similar to an offense specified under Section 6-205 or
6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year, and any driver who is convicted of
a second or subsequent offense, within 5 years of a
previous conviction, for the illegal possession, while
operating or in actual physical control, as a driver, of a
motor vehicle, of any controlled substance prohibited
under the Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act shall be suspended for
5 years. Any defendant found guilty of this offense while
operating a motor vehicle, shall have an entry made in the
court record by the presiding judge that this offense did
occur while the defendant was operating a motor vehicle and
order the clerk of the court to report the violation to the
Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute, promoting juvenile
prostitution as described in subdivision (a)(1), (a)(2),
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in an
alcohol concentration of 0.08 or more or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis as listed in the Cannabis
Control Act, a controlled substance as listed in the
Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated discharge
of a firearm if the offender was located in a motor vehicle
at the time the firearm was discharged, in which case the
suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code;
35. Has committed a violation of Section 11-1301.6 of
this Code;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code;
43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section; or
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a) of
this Section, a person's privilege to operate a vehicle as
an occupation shall not be suspended, provided an affidavit
is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of
which occurred while operating a commercial vehicle in
connection with the driver's regular occupation. All other
driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on
forms to be provided by the Secretary of State setting
forth the facts of the person's occupation. The affidavit
shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as
set forth in the notice that was mailed under this Section.
If an affidavit is received subsequent to the effective
date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to
any driver required to possess a CDL for the purpose of
operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section
6-302 and upon conviction thereof shall have all driving
privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118
of this Code, the Secretary of State shall either rescind
or continue an order of revocation or shall substitute an
order of suspension; or, good cause appearing therefor,
rescind, continue, change, or extend the order of
suspension. If the Secretary of State does not rescind the
order, the Secretary may upon application, to relieve undue
hardship (as defined by the rules of the Secretary of
State), issue a restricted driving permit granting the
privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a
licensed service provider, or to allow the petitioner to
transport himself or herself or a family member of the
petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the
petitioner to transport children, elderly persons, or
disabled persons who do not hold driving privileges and are
living in the petitioner's household to and from daycare.
The petitioner must demonstrate that no alternative means
of transportation is reasonably available and that the
petitioner will not endanger the public safety or welfare.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense, or a
combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has
been equipped with an ignition interlock device as
defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the
operation of an occupational vehicle owned or leased by
that person's employer when used solely for employment
purposes.
(E) In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire
within one year from the date of issuance. The
Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the
result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal
Code of 1961, where the use of alcohol or other drugs
is recited as an element of the offense, or any similar
out-of-state offense, or any combination of those
offenses, until the expiration of at least one year
from the date of the revocation. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation,
suspension, or cancellation of a restricted driving
permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require
the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of
State is authorized to cancel a restricted driving
permit if the permit holder does not successfully
complete the program.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
eff. 8-12-11; revised 9-15-11.)
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