Bill Amendment: IL HB4382 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: VEH CD-GRADUATED LICENSES
Status: 2026-05-13 - Added as Alternate Co-Sponsor Sen. Mike Simmons [HB4382 Detail]
Download: Illinois-2025-HB4382-House_Amendment_001.html
Bill Title: VEH CD-GRADUATED LICENSES
Status: 2026-05-13 - Added as Alternate Co-Sponsor Sen. Mike Simmons [HB4382 Detail]
Download: Illinois-2025-HB4382-House_Amendment_001.html
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 4382 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4382 on page 1, | ||||||
| 3 | immediately below line 3, by inserting the following: | ||||||
| 4 | "Section 1. This Act may be referred to as DJ's Law."; and | ||||||
| 5 | on page 1, line 5, by replacing "Section 6-107" with "Sections | ||||||
| 6 | 6-107 and 6-206"; and | ||||||
| 7 | by replacing line 23 on page 5 through line 5 on page 6 with | ||||||
| 8 | the following: "step-siblings, children, or stepchildren of | ||||||
| 9 | the driver. If a graduated driver's license holder is | ||||||
| 10 | convicted of violating this subsection and that violation | ||||||
| 11 | results in bodily harm or permanent disability to another, | ||||||
| 12 | then the holder's graduated driver's license shall be | ||||||
| 13 | suspended for 6 months. If a graduated"; and | ||||||
| 14 | on page 6, by replacing line 16 with "Code. If a graduated | ||||||
| |||||||
| |||||||
| 1 | driver's license holder's license is suspended or revoked for | ||||||
| 2 | a violation of this subsection that results in bodily harm or | ||||||
| 3 | permanent disability to another, the provisions of this | ||||||
| 4 | subsection shall resume upon termination of the suspension or | ||||||
| 5 | revocation period and shall remain in effect either until a | ||||||
| 6 | period of 6 consecutive months has elapsed without an | ||||||
| 7 | additional violation under this subsection or until the | ||||||
| 8 | graduated driver's license holder turns 18, whichever occurs | ||||||
| 9 | later, notwithstanding any other provision of this | ||||||
| 10 | subsection."; and | ||||||
| 11 | on page 7, after line 3, by inserting the following: | ||||||
| 12 | "(625 ILCS 5/6-206) | ||||||
| 13 | (Text of Section before amendment by P.A. 104-400) | ||||||
| 14 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
| 15 | license or permit; right to a hearing. | ||||||
| 16 | (a) The Secretary of State is authorized to suspend or | ||||||
| 17 | revoke the driving privileges of any person without | ||||||
| 18 | preliminary hearing upon a showing of the person's records or | ||||||
| 19 | other sufficient evidence that the person: | ||||||
| 20 | 1. Has committed an offense for which mandatory | ||||||
| 21 | revocation of a driver's license or permit is required | ||||||
| 22 | upon conviction; | ||||||
| 23 | 2. Has been convicted of not less than 3 offenses | ||||||
| 24 | against traffic regulations governing the movement of | ||||||
| |||||||
| |||||||
| 1 | vehicles committed within any 12-month period. No | ||||||
| 2 | revocation or suspension shall be entered more than 6 | ||||||
| 3 | months after the date of last conviction; | ||||||
| 4 | 3. Has been repeatedly involved as a driver in motor | ||||||
| 5 | vehicle collisions or has been repeatedly convicted of | ||||||
| 6 | offenses against laws and ordinances regulating the | ||||||
| 7 | movement of traffic, to a degree that indicates lack of | ||||||
| 8 | ability to exercise ordinary and reasonable care in the | ||||||
| 9 | safe operation of a motor vehicle or disrespect for the | ||||||
| 10 | traffic laws and the safety of other persons upon the | ||||||
| 11 | highway; | ||||||
| 12 | 4. Has by the unlawful operation of a motor vehicle | ||||||
| 13 | caused or contributed to a crash resulting in injury | ||||||
| 14 | requiring immediate professional treatment in a medical | ||||||
| 15 | facility or doctor's office to any person, except that any | ||||||
| 16 | suspension or revocation imposed by the Secretary of State | ||||||
| 17 | under the provisions of this subsection shall start no | ||||||
| 18 | later than 6 months after being convicted of violating a | ||||||
| 19 | law or ordinance regulating the movement of traffic, which | ||||||
| 20 | violation is related to the crash, or shall start not more | ||||||
| 21 | than one year after the date of the crash, whichever date | ||||||
| 22 | occurs later; | ||||||
| 23 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
| 24 | driver's license, identification card, or permit; | ||||||
| 25 | 6. Has been lawfully convicted of an offense or | ||||||
| 26 | offenses in another state, including the authorization | ||||||
| |||||||
| |||||||
| 1 | contained in Section 6-203.1, which if committed within | ||||||
| 2 | this State would be grounds for suspension or revocation; | ||||||
| 3 | 7. Has refused or failed to submit to an examination | ||||||
| 4 | provided for by Section 6-207 or has failed to pass the | ||||||
| 5 | examination; | ||||||
| 6 | 8. Is ineligible for a driver's license or permit | ||||||
| 7 | under the provisions of Section 6-103; | ||||||
| 8 | 9. Has made a false statement or knowingly concealed a | ||||||
| 9 | material fact or has used false information or | ||||||
| 10 | identification in any application for a license, | ||||||
| 11 | identification card, or permit; | ||||||
| 12 | 10. Has possessed, displayed, or attempted to | ||||||
| 13 | fraudulently use any license, identification card, or | ||||||
| 14 | permit not issued to the person; | ||||||
| 15 | 11. Has operated a motor vehicle upon a highway of | ||||||
| 16 | this State when the person's driving privilege or | ||||||
| 17 | privilege to obtain a driver's license or permit was | ||||||
| 18 | revoked or suspended unless the operation was authorized | ||||||
| 19 | by a monitoring device driving permit, judicial driving | ||||||
| 20 | permit issued prior to January 1, 2009, probationary | ||||||
| 21 | license to drive, or restricted driving permit issued | ||||||
| 22 | under this Code; | ||||||
| 23 | 12. Has submitted to any portion of the application | ||||||
| 24 | process for another person or has obtained the services of | ||||||
| 25 | another person to submit to any portion of the application | ||||||
| 26 | process for the purpose of obtaining a license, | ||||||
| |||||||
| |||||||
| 1 | identification card, or permit for some other person; | ||||||
| 2 | 13. Has operated a motor vehicle upon a highway of | ||||||
| 3 | this State when the person's driver's license or permit | ||||||
| 4 | was invalid under the provisions of Sections 6-107.1 and | ||||||
| 5 | 6-110; | ||||||
| 6 | 14. Has committed a violation of Section 6-301, | ||||||
| 7 | 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or | ||||||
| 8 | 14B of the Illinois Identification Card Act or a similar | ||||||
| 9 | offense in another state if, at the time of the offense, | ||||||
| 10 | the person held an Illinois driver's license or | ||||||
| 11 | identification card; | ||||||
| 12 | 15. Has been convicted of violating Section 21-2 of | ||||||
| 13 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 14 | relating to criminal trespass to vehicles if the person | ||||||
| 15 | exercised actual physical control over the vehicle during | ||||||
| 16 | the commission of the offense, in which case the | ||||||
| 17 | suspension shall be for one year; | ||||||
| 18 | 16. Has been convicted of violating Section 11-204 of | ||||||
| 19 | this Code relating to fleeing from a peace officer; | ||||||
| 20 | 17. Has refused to submit to a test, or tests, as | ||||||
| 21 | required under Section 11-501.1 of this Code and the | ||||||
| 22 | person has not sought a hearing as provided for in Section | ||||||
| 23 | 11-501.1; | ||||||
| 24 | 18. (Blank); | ||||||
| 25 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
| 26 | of Section 6-101 relating to driving without a driver's | ||||||
| |||||||
| |||||||
| 1 | license; | ||||||
| 2 | 20. Has been convicted of violating Section 6-104 | ||||||
| 3 | relating to classification of driver's license; | ||||||
| 4 | 21. Has been convicted of violating Section 11-402 of | ||||||
| 5 | this Code relating to leaving the scene of a crash | ||||||
| 6 | resulting in damage to a vehicle in excess of $1,000, in | ||||||
| 7 | which case the suspension shall be for one year; | ||||||
| 8 | 22. Has used a motor vehicle in violating paragraph | ||||||
| 9 | (3), (4), (7), or (9) of subsection (a) of Section 24-1 of | ||||||
| 10 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 11 | relating to unlawful possession of weapons, in which case | ||||||
| 12 | the suspension shall be for one year; | ||||||
| 13 | 23. Has, as a driver, been convicted of committing a | ||||||
| 14 | violation of paragraph (a) of Section 11-502 of this Code | ||||||
| 15 | for a second or subsequent time within one year of a | ||||||
| 16 | similar violation; | ||||||
| 17 | 24. Has been convicted by a court-martial or punished | ||||||
| 18 | by non-judicial punishment by military authorities of the | ||||||
| 19 | United States at a military installation in Illinois or in | ||||||
| 20 | another state of or for a traffic-related offense that is | ||||||
| 21 | the same as or similar to an offense specified under | ||||||
| 22 | Section 6-205 or 6-206 of this Code; | ||||||
| 23 | 25. Has permitted any form of identification to be | ||||||
| 24 | used by another in the application process in order to | ||||||
| 25 | obtain or attempt to obtain a license, identification | ||||||
| 26 | card, or permit; | ||||||
| |||||||
| |||||||
| 1 | 26. Has altered or attempted to alter a license or has | ||||||
| 2 | possessed an altered license, identification card, or | ||||||
| 3 | permit; | ||||||
| 4 | 27. (Blank); | ||||||
| 5 | 28. Has been convicted for a first time of the illegal | ||||||
| 6 | possession, while operating or in actual physical control, | ||||||
| 7 | as a driver, of a motor vehicle, of any controlled | ||||||
| 8 | substance prohibited under the Illinois Controlled | ||||||
| 9 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
| 10 | Control Act, or any methamphetamine prohibited under the | ||||||
| 11 | Methamphetamine Control and Community Protection Act, in | ||||||
| 12 | which case the person's driving privileges shall be | ||||||
| 13 | suspended for one year. Any defendant found guilty of this | ||||||
| 14 | offense while operating a motor vehicle shall have an | ||||||
| 15 | entry made in the court record by the presiding judge that | ||||||
| 16 | this offense did occur while the defendant was operating a | ||||||
| 17 | motor vehicle and order the clerk of the court to report | ||||||
| 18 | the violation to the Secretary of State; | ||||||
| 19 | 29. Has been convicted of the following offenses that | ||||||
| 20 | were committed while the person was operating or in actual | ||||||
| 21 | physical control, as a driver, of a motor vehicle: | ||||||
| 22 | criminal sexual assault, predatory criminal sexual assault | ||||||
| 23 | of a child, aggravated criminal sexual assault, criminal | ||||||
| 24 | sexual abuse, aggravated criminal sexual abuse, juvenile | ||||||
| 25 | pimping, soliciting for a sexually exploited child, | ||||||
| 26 | promoting commercial sexual exploitation of a child as | ||||||
| |||||||
| |||||||
| 1 | described in subdivision (a)(1), (a)(2), or (a)(3) of | ||||||
| 2 | Section 11-14.4 of the Criminal Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012, and the manufacture, sale or | ||||||
| 4 | delivery of controlled substances or instruments used for | ||||||
| 5 | illegal drug use or abuse in which case the driver's | ||||||
| 6 | driving privileges shall be suspended for one year; | ||||||
| 7 | 30. Has been convicted a second or subsequent time for | ||||||
| 8 | any combination of the offenses named in paragraph 29 of | ||||||
| 9 | this subsection, in which case the person's driving | ||||||
| 10 | privileges shall be suspended for 5 years; | ||||||
| 11 | 31. Has refused to submit to a test as required by | ||||||
| 12 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
| 13 | Registration and Safety Act or has submitted to a test | ||||||
| 14 | resulting in an alcohol concentration of 0.08 or more or | ||||||
| 15 | any amount of a drug, substance, or compound resulting | ||||||
| 16 | from the unlawful use or consumption of cannabis as listed | ||||||
| 17 | in the Cannabis Control Act, a controlled substance as | ||||||
| 18 | listed in the Illinois Controlled Substances Act, an | ||||||
| 19 | intoxicating compound as listed in the Use of Intoxicating | ||||||
| 20 | Compounds Act, or methamphetamine as listed in the | ||||||
| 21 | Methamphetamine Control and Community Protection Act, in | ||||||
| 22 | which case the penalty shall be as prescribed in Section | ||||||
| 23 | 6-208.1; | ||||||
| 24 | 32. Has been convicted of Section 24-1.2 of the | ||||||
| 25 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 26 | relating to the aggravated discharge of a firearm if the | ||||||
| |||||||
| |||||||
| 1 | offender was located in a motor vehicle at the time the | ||||||
| 2 | firearm was discharged, in which case the suspension shall | ||||||
| 3 | be for 3 years; | ||||||
| 4 | 33. Has as a driver, who was less than 21 years of age | ||||||
| 5 | on the date of the offense, been convicted a first time of | ||||||
| 6 | a violation of paragraph (a) of Section 11-502 of this | ||||||
| 7 | Code or a similar provision of a local ordinance; | ||||||
| 8 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
| 9 | this Code or a similar provision of a local ordinance; | ||||||
| 10 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
| 11 | this Code or a similar provision of a local ordinance; | ||||||
| 12 | 36. Is under the age of 21 years at the time of arrest | ||||||
| 13 | and has been convicted of not less than 2 offenses against | ||||||
| 14 | traffic regulations governing the movement of vehicles | ||||||
| 15 | committed within any 24-month period. No revocation or | ||||||
| 16 | suspension shall be entered more than 6 months after the | ||||||
| 17 | date of last conviction; | ||||||
| 18 | 37. Has committed a violation of subsection (c) of | ||||||
| 19 | Section 11-907 of this Code that resulted in damage to the | ||||||
| 20 | property of another or the death or injury of another; | ||||||
| 21 | 38. Has been convicted of a violation of Section 6-20 | ||||||
| 22 | of the Liquor Control Act of 1934 or a similar provision of | ||||||
| 23 | a local ordinance and the person was an occupant of a motor | ||||||
| 24 | vehicle at the time of the violation; | ||||||
| 25 | 39. Has committed a second or subsequent violation of | ||||||
| 26 | Section 11-1201 of this Code; | ||||||
| |||||||
| |||||||
| 1 | 40. Has committed a violation of subsection (a-1) of | ||||||
| 2 | Section 11-908 of this Code; | ||||||
| 3 | 41. Has committed a second or subsequent violation of | ||||||
| 4 | Section 11-605.1 of this Code, a similar provision of a | ||||||
| 5 | local ordinance, or a similar violation in any other state | ||||||
| 6 | within 2 years of the date of the previous violation, in | ||||||
| 7 | which case the suspension shall be for 90 days; | ||||||
| 8 | 42. Has committed a violation of subsection (a-1) of | ||||||
| 9 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
| 10 | local ordinance; | ||||||
| 11 | 43. Has received a disposition of court supervision | ||||||
| 12 | for a violation of subsection (a), (d), or (e) of Section | ||||||
| 13 | 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
| 14 | provision of a local ordinance and the person was an | ||||||
| 15 | occupant of a motor vehicle at the time of the violation, | ||||||
| 16 | in which case the suspension shall be for a period of 3 | ||||||
| 17 | months; | ||||||
| 18 | 44. Is under the age of 21 years at the time of arrest | ||||||
| 19 | and has been convicted of an offense against traffic | ||||||
| 20 | regulations governing the movement of vehicles after | ||||||
| 21 | having previously had his or her driving privileges | ||||||
| 22 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
| 23 | Section; | ||||||
| 24 | 45. Has, in connection with or during the course of a | ||||||
| 25 | formal hearing conducted under Section 2-118 of this Code: | ||||||
| 26 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
| |||||||
| |||||||
| 1 | falsified documents; (iii) submitted documents that have | ||||||
| 2 | been materially altered; or (iv) submitted, as his or her | ||||||
| 3 | own, documents that were in fact prepared or composed for | ||||||
| 4 | another person; | ||||||
| 5 | 46. Has committed a violation of subsection (j) of | ||||||
| 6 | Section 3-413 of this Code; | ||||||
| 7 | 47. Has committed a violation of subsection (a) of | ||||||
| 8 | Section 11-502.1 of this Code; | ||||||
| 9 | 48. Has submitted a falsified or altered medical | ||||||
| 10 | examiner's certificate to the Secretary of State or | ||||||
| 11 | provided false information to obtain a medical examiner's | ||||||
| 12 | certificate; | ||||||
| 13 | 49. Has been convicted of a violation of Section | ||||||
| 14 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
| 15 | another, in which case the driving privileges of the | ||||||
| 16 | person shall be suspended for 12 months; | ||||||
| 17 | 50. Has committed a violation of subsection (b-5) of | ||||||
| 18 | Section 12-610.2 that resulted in great bodily harm, | ||||||
| 19 | permanent disability, or disfigurement, in which case the | ||||||
| 20 | driving privileges of the person shall be suspended for 12 | ||||||
| 21 | months; | ||||||
| 22 | 51. Has committed a violation of Section 10-15 Of the | ||||||
| 23 | Cannabis Regulation and Tax Act or a similar provision of | ||||||
| 24 | a local ordinance while in a motor vehicle; or | ||||||
| 25 | 52. Has committed a violation of subsection (b) of | ||||||
| 26 | Section 10-20 of the Cannabis Regulation and Tax Act or a | ||||||
| |||||||
| |||||||
| 1 | similar provision of a local ordinance. | ||||||
| 2 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
| 3 | and 27 of this subsection, license means any driver's license, | ||||||
| 4 | any traffic ticket issued when the person's driver's license | ||||||
| 5 | is deposited in lieu of bail, a suspension notice issued by the | ||||||
| 6 | Secretary of State, a duplicate or corrected driver's license, | ||||||
| 7 | a probationary driver's license, or a temporary driver's | ||||||
| 8 | license. | ||||||
| 9 | (b) If any conviction forming the basis of a suspension or | ||||||
| 10 | revocation authorized under this Section is appealed, the | ||||||
| 11 | Secretary of State may rescind or withhold the entry of the | ||||||
| 12 | order of suspension or revocation, as the case may be, | ||||||
| 13 | provided that a certified copy of a stay order of a court is | ||||||
| 14 | filed with the Secretary of State. If the conviction is | ||||||
| 15 | affirmed on appeal, the date of the conviction shall relate | ||||||
| 16 | back to the time the original judgment of conviction was | ||||||
| 17 | entered and the 6-month limitation prescribed shall not apply. | ||||||
| 18 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
| 19 | permit of any person as authorized in this Section, the | ||||||
| 20 | Secretary of State shall immediately notify the person in | ||||||
| 21 | writing of the revocation or suspension. The notice to be | ||||||
| 22 | deposited in the United States mail, postage prepaid, to the | ||||||
| 23 | last known address of the person. | ||||||
| 24 | 2. If the Secretary of State suspends the driver's license | ||||||
| 25 | of a person under subsection 2 of paragraph (a) of this | ||||||
| 26 | Section, a person's privilege to operate a vehicle as an | ||||||
| |||||||
| |||||||
| 1 | occupation shall not be suspended, provided an affidavit is | ||||||
| 2 | properly completed, the appropriate fee received, and a permit | ||||||
| 3 | issued prior to the effective date of the suspension, unless 5 | ||||||
| 4 | offenses were committed, at least 2 of which occurred while | ||||||
| 5 | operating a commercial vehicle in connection with the driver's | ||||||
| 6 | regular occupation. All other driving privileges shall be | ||||||
| 7 | suspended by the Secretary of State. Any driver prior to | ||||||
| 8 | operating a vehicle for occupational purposes only must submit | ||||||
| 9 | the affidavit on forms to be provided by the Secretary of State | ||||||
| 10 | setting forth the facts of the person's occupation. The | ||||||
| 11 | affidavit shall also state the number of offenses committed | ||||||
| 12 | while operating a vehicle in connection with the driver's | ||||||
| 13 | regular occupation. The affidavit shall be accompanied by the | ||||||
| 14 | driver's license. Upon receipt of a properly completed | ||||||
| 15 | affidavit, the Secretary of State shall issue the driver a | ||||||
| 16 | permit to operate a vehicle in connection with the driver's | ||||||
| 17 | regular occupation only. Unless the permit is issued by the | ||||||
| 18 | Secretary of State prior to the date of suspension, the | ||||||
| 19 | privilege to drive any motor vehicle shall be suspended as set | ||||||
| 20 | forth in the notice that was mailed under this Section. If an | ||||||
| 21 | affidavit is received subsequent to the effective date of this | ||||||
| 22 | suspension, a permit may be issued for the remainder of the | ||||||
| 23 | suspension period. | ||||||
| 24 | The provisions of this subparagraph shall not apply to any | ||||||
| 25 | driver required to possess a CDL for the purpose of operating a | ||||||
| 26 | commercial motor vehicle. | ||||||
| |||||||
| |||||||
| 1 | Any person who falsely states any fact in the affidavit | ||||||
| 2 | required herein shall be guilty of perjury under Section 6-302 | ||||||
| 3 | and upon conviction thereof shall have all driving privileges | ||||||
| 4 | revoked without further rights. | ||||||
| 5 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
| 6 | this Code, the Secretary of State shall either rescind or | ||||||
| 7 | continue an order of revocation or shall substitute an order | ||||||
| 8 | of suspension; or, good cause appearing therefor, rescind, | ||||||
| 9 | continue, change, or extend the order of suspension. If the | ||||||
| 10 | Secretary of State does not rescind the order, the Secretary | ||||||
| 11 | may upon application, to relieve undue hardship (as defined by | ||||||
| 12 | the rules of the Secretary of State), issue a restricted | ||||||
| 13 | driving permit granting the privilege of driving a motor | ||||||
| 14 | vehicle between the petitioner's residence and petitioner's | ||||||
| 15 | place of employment or within the scope of the petitioner's | ||||||
| 16 | employment-related duties, or to allow the petitioner to | ||||||
| 17 | transport himself or herself, or a family member of the | ||||||
| 18 | petitioner's household to a medical facility, to receive | ||||||
| 19 | necessary medical care, to allow the petitioner to transport | ||||||
| 20 | himself or herself to and from alcohol or drug remedial or | ||||||
| 21 | rehabilitative activity recommended by a licensed service | ||||||
| 22 | provider, or to allow the petitioner to transport himself or | ||||||
| 23 | herself or a family member of the petitioner's household to | ||||||
| 24 | classes, as a student, at an accredited educational | ||||||
| 25 | institution, or to allow the petitioner to transport children, | ||||||
| 26 | elderly persons, or persons with disabilities who do not hold | ||||||
| |||||||
| |||||||
| 1 | driving privileges and are living in the petitioner's | ||||||
| 2 | household to and from day care daycare. The petitioner must | ||||||
| 3 | demonstrate that no alternative means of transportation is | ||||||
| 4 | reasonably available and that the petitioner will not endanger | ||||||
| 5 | the public safety or welfare. | ||||||
| 6 | (A) If a person's license or permit is revoked or | ||||||
| 7 | suspended due to 2 or more convictions of violating | ||||||
| 8 | Section 11-501 of this Code or a similar provision of a | ||||||
| 9 | local ordinance or a similar out-of-state offense, or | ||||||
| 10 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 11 | Code of 2012, where the use of alcohol or other drugs is | ||||||
| 12 | recited as an element of the offense, or a similar | ||||||
| 13 | out-of-state offense, or a combination of these offenses, | ||||||
| 14 | arising out of separate occurrences, that person, if | ||||||
| 15 | issued a restricted driving permit, may not operate a | ||||||
| 16 | vehicle unless it has been equipped with an ignition | ||||||
| 17 | interlock device as defined in Section 1-129.1. | ||||||
| 18 | (B) If a person's license or permit is revoked or | ||||||
| 19 | suspended 2 or more times due to any combination of: | ||||||
| 20 | (i) a single conviction of violating Section | ||||||
| 21 | 11-501 of this Code or a similar provision of a local | ||||||
| 22 | ordinance or a similar out-of-state offense or Section | ||||||
| 23 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 24 | of 2012, where the use of alcohol or other drugs is | ||||||
| 25 | recited as an element of the offense, or a similar | ||||||
| 26 | out-of-state offense; or | ||||||
| |||||||
| |||||||
| 1 | (ii) a statutory summary suspension or revocation | ||||||
| 2 | under Section 11-501.1; or | ||||||
| 3 | (iii) a suspension under Section 6-203.1; | ||||||
| 4 | arising out of separate occurrences; that person, if | ||||||
| 5 | issued a restricted driving permit, may not operate a | ||||||
| 6 | vehicle unless it has been equipped with an ignition | ||||||
| 7 | interlock device as defined in Section 1-129.1. | ||||||
| 8 | (B-5) If a person's license or permit is revoked or | ||||||
| 9 | suspended due to a conviction for a violation of | ||||||
| 10 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
| 11 | of Section 11-501 of this Code, or a similar provision of a | ||||||
| 12 | local ordinance or similar out-of-state offense, that | ||||||
| 13 | person, if issued a restricted driving permit, may not | ||||||
| 14 | operate a vehicle unless it has been equipped with an | ||||||
| 15 | ignition interlock device as defined in Section 1-129.1. | ||||||
| 16 | (C) The person issued a permit conditioned upon the | ||||||
| 17 | use of an ignition interlock device must pay to the | ||||||
| 18 | Secretary of State DUI Administration Fund an amount not | ||||||
| 19 | to exceed $30 per month. The Secretary shall establish by | ||||||
| 20 | rule the amount and the procedures, terms, and conditions | ||||||
| 21 | relating to these fees. | ||||||
| 22 | (D) If the restricted driving permit is issued for | ||||||
| 23 | employment purposes, then the prohibition against | ||||||
| 24 | operating a motor vehicle that is not equipped with an | ||||||
| 25 | ignition interlock device does not apply to the operation | ||||||
| 26 | of an occupational vehicle owned or leased by that | ||||||
| |||||||
| |||||||
| 1 | person's employer when used solely for employment | ||||||
| 2 | purposes. For any person who, within a 5-year period, is | ||||||
| 3 | convicted of a second or subsequent offense under Section | ||||||
| 4 | 11-501 of this Code, or a similar provision of a local | ||||||
| 5 | ordinance or similar out-of-state offense, this employment | ||||||
| 6 | exemption does not apply until either a one-year period | ||||||
| 7 | has elapsed during which that person had his or her | ||||||
| 8 | driving privileges revoked or a one-year period has | ||||||
| 9 | elapsed during which that person had a restricted driving | ||||||
| 10 | permit which required the use of an ignition interlock | ||||||
| 11 | device on every motor vehicle owned or operated by that | ||||||
| 12 | person. | ||||||
| 13 | (E) In each case the Secretary may issue a restricted | ||||||
| 14 | driving permit for a period deemed appropriate, except | ||||||
| 15 | that all permits shall expire no later than 2 years from | ||||||
| 16 | the date of issuance. A restricted driving permit issued | ||||||
| 17 | under this Section shall be subject to cancellation, | ||||||
| 18 | revocation, and suspension by the Secretary of State in | ||||||
| 19 | like manner and for like cause as a driver's license | ||||||
| 20 | issued under this Code may be cancelled, revoked, or | ||||||
| 21 | suspended; except that a conviction upon one or more | ||||||
| 22 | offenses against laws or ordinances regulating the | ||||||
| 23 | movement of traffic shall be deemed sufficient cause for | ||||||
| 24 | the revocation, suspension, or cancellation of a | ||||||
| 25 | restricted driving permit. The Secretary of State may, as | ||||||
| 26 | a condition to the issuance of a restricted driving | ||||||
| |||||||
| |||||||
| 1 | permit, require the applicant to participate in a | ||||||
| 2 | designated driver remedial or rehabilitative program. The | ||||||
| 3 | Secretary of State is authorized to cancel a restricted | ||||||
| 4 | driving permit if the permit holder does not successfully | ||||||
| 5 | complete the program. | ||||||
| 6 | (F) A person subject to the provisions of paragraph 4 | ||||||
| 7 | of subsection (b) of Section 6-208 of this Code may make | ||||||
| 8 | application for a restricted driving permit at a hearing | ||||||
| 9 | conducted under Section 2-118 of this Code after the | ||||||
| 10 | expiration of 5 years from the effective date of the most | ||||||
| 11 | recent revocation or after 5 years from the date of | ||||||
| 12 | release from a period of imprisonment resulting from a | ||||||
| 13 | conviction of the most recent offense, whichever is later, | ||||||
| 14 | provided the person, in addition to all other requirements | ||||||
| 15 | of the Secretary, shows by clear and convincing evidence: | ||||||
| 16 | (i) a minimum of 3 years of uninterrupted | ||||||
| 17 | abstinence from alcohol and the unlawful use or | ||||||
| 18 | consumption of cannabis under the Cannabis Control | ||||||
| 19 | Act, a controlled substance under the Illinois | ||||||
| 20 | Controlled Substances Act, an intoxicating compound | ||||||
| 21 | under the Use of Intoxicating Compounds Act, or | ||||||
| 22 | methamphetamine under the Methamphetamine Control and | ||||||
| 23 | Community Protection Act; and | ||||||
| 24 | (ii) the successful completion of any | ||||||
| 25 | rehabilitative treatment and involvement in any | ||||||
| 26 | ongoing rehabilitative activity that may be | ||||||
| |||||||
| |||||||
| 1 | recommended by a properly licensed service provider | ||||||
| 2 | according to an assessment of the person's alcohol or | ||||||
| 3 | drug use under Section 11-501.01 of this Code. | ||||||
| 4 | In determining whether an applicant is eligible for a | ||||||
| 5 | restricted driving permit under this subparagraph (F), the | ||||||
| 6 | Secretary may consider any relevant evidence, including, | ||||||
| 7 | but not limited to, testimony, affidavits, records, and | ||||||
| 8 | the results of regular alcohol or drug tests. Persons | ||||||
| 9 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
| 10 | of Section 6-208 of this Code and who have been convicted | ||||||
| 11 | of more than one violation of paragraph (3), paragraph | ||||||
| 12 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
| 13 | of this Code shall not be eligible to apply for a | ||||||
| 14 | restricted driving permit under this subparagraph (F). | ||||||
| 15 | A restricted driving permit issued under this | ||||||
| 16 | subparagraph (F) shall provide that the holder may only | ||||||
| 17 | operate motor vehicles equipped with an ignition interlock | ||||||
| 18 | device as required under paragraph (2) of subsection (c) | ||||||
| 19 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
| 20 | paragraph 3 of subsection (c) of this Section. The | ||||||
| 21 | Secretary may revoke a restricted driving permit or amend | ||||||
| 22 | the conditions of a restricted driving permit issued under | ||||||
| 23 | this subparagraph (F) if the holder operates a vehicle | ||||||
| 24 | that is not equipped with an ignition interlock device, or | ||||||
| 25 | for any other reason authorized under this Code. | ||||||
| 26 | A restricted driving permit issued under this | ||||||
| |||||||
| |||||||
| 1 | subparagraph (F) shall be revoked, and the holder barred | ||||||
| 2 | from applying for or being issued a restricted driving | ||||||
| 3 | permit in the future, if the holder is convicted of a | ||||||
| 4 | violation of Section 11-501 of this Code, a similar | ||||||
| 5 | provision of a local ordinance, or a similar offense in | ||||||
| 6 | another state. | ||||||
| 7 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
| 8 | subsection (a), reports received by the Secretary of State | ||||||
| 9 | under this Section shall, except during the actual time the | ||||||
| 10 | suspension is in effect, be privileged information and for use | ||||||
| 11 | only by the courts, police officers, prosecuting authorities, | ||||||
| 12 | the driver licensing administrator of any other state, the | ||||||
| 13 | Secretary of State, or the parent or legal guardian of a driver | ||||||
| 14 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
| 15 | person is a CDL holder, the suspension shall also be made | ||||||
| 16 | available to the driver licensing administrator of any other | ||||||
| 17 | state, the U.S. Department of Transportation, and the affected | ||||||
| 18 | driver or motor carrier or prospective motor carrier upon | ||||||
| 19 | request. | ||||||
| 20 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
| 21 | subsection (a), the Secretary of State shall notify the person | ||||||
| 22 | by mail that his or her driving privileges and driver's | ||||||
| 23 | license will be suspended one month after the date of the | ||||||
| 24 | mailing of the notice. | ||||||
| 25 | (c-5) The Secretary of State may, as a condition of the | ||||||
| 26 | reissuance of a driver's license or permit to an applicant | ||||||
| |||||||
| |||||||
| 1 | whose driver's license or permit has been suspended before he | ||||||
| 2 | or she reached the age of 21 years pursuant to any of the | ||||||
| 3 | provisions of this Section, require the applicant to | ||||||
| 4 | participate in a driver remedial education course and be | ||||||
| 5 | retested under Section 6-109 of this Code. | ||||||
| 6 | (d) This Section is subject to the provisions of the | ||||||
| 7 | Driver License Compact. | ||||||
| 8 | (e) 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 suspended or revoked under any | ||||||
| 11 | provisions of this Code. | ||||||
| 12 | (f) In accordance with 49 CFR 384, the Secretary of State | ||||||
| 13 | may not issue a restricted driving permit for the operation of | ||||||
| 14 | a commercial motor vehicle to a person holding a CDL whose | ||||||
| 15 | driving privileges have been suspended, revoked, cancelled, or | ||||||
| 16 | disqualified under any provisions of this Code. | ||||||
| 17 | (Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; | ||||||
| 18 | 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. | ||||||
| 19 | 7-1-23; 103-154, eff. 6-30-23; 103-822, eff. 1-1-25; 103-1071, | ||||||
| 20 | eff. 7-1-25; revised 10-27-25.) | ||||||
| 21 | (Text of Section after amendment by P.A. 104-400) | ||||||
| 22 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
| 23 | license or permit; right to a hearing. | ||||||
| 24 | (a) The Secretary of State is authorized to suspend or | ||||||
| 25 | revoke the driving privileges of any person without | ||||||
| |||||||
| |||||||
| 1 | preliminary hearing upon a showing of the person's records or | ||||||
| 2 | other sufficient evidence that the person: | ||||||
| 3 | 1. Has committed an offense for which mandatory | ||||||
| 4 | revocation of a driver's license or permit is required | ||||||
| 5 | upon conviction; | ||||||
| 6 | 2. Has been convicted of not less than 3 offenses | ||||||
| 7 | against traffic regulations governing the movement of | ||||||
| 8 | vehicles committed within any 12-month period. No | ||||||
| 9 | revocation or suspension shall be entered more than 6 | ||||||
| 10 | months after the date of last conviction; | ||||||
| 11 | 3. Has been repeatedly involved as a driver in motor | ||||||
| 12 | vehicle collisions or has been repeatedly convicted of | ||||||
| 13 | offenses against laws and ordinances regulating the | ||||||
| 14 | movement of traffic, to a degree that indicates lack of | ||||||
| 15 | ability to exercise ordinary and reasonable care in the | ||||||
| 16 | safe operation of a motor vehicle or disrespect for the | ||||||
| 17 | traffic laws and the safety of other persons upon the | ||||||
| 18 | highway; | ||||||
| 19 | 4. Has by the unlawful operation of a motor vehicle | ||||||
| 20 | caused or contributed to a crash resulting in injury | ||||||
| 21 | requiring immediate professional treatment in a medical | ||||||
| 22 | facility or doctor's office to any person, except that any | ||||||
| 23 | suspension or revocation imposed by the Secretary of State | ||||||
| 24 | under the provisions of this subsection shall start no | ||||||
| 25 | later than 6 months after being convicted of violating a | ||||||
| 26 | law or ordinance regulating the movement of traffic, which | ||||||
| |||||||
| |||||||
| 1 | violation is related to the crash, or shall start not more | ||||||
| 2 | than one year after the date of the crash, whichever date | ||||||
| 3 | occurs later; | ||||||
| 4 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
| 5 | driver's license, identification card, or permit; | ||||||
| 6 | 6. Has been lawfully convicted of an offense or | ||||||
| 7 | offenses in another state, including the authorization | ||||||
| 8 | contained in Section 6-203.1, which if committed within | ||||||
| 9 | this State would be grounds for suspension or revocation; | ||||||
| 10 | 7. Has refused or failed to submit to an examination | ||||||
| 11 | provided for by Section 6-207 or has failed to pass the | ||||||
| 12 | examination; | ||||||
| 13 | 8. Is ineligible for a driver's license or permit | ||||||
| 14 | under the provisions of Section 6-103; | ||||||
| 15 | 9. Has made a false statement or knowingly concealed a | ||||||
| 16 | material fact or has used false information or | ||||||
| 17 | identification in any application for a license, | ||||||
| 18 | identification card, or permit; | ||||||
| 19 | 10. Has possessed, displayed, or attempted to | ||||||
| 20 | fraudulently use any license, identification card, or | ||||||
| 21 | permit not issued to the person; | ||||||
| 22 | 11. Has operated a motor vehicle upon a highway of | ||||||
| 23 | this State when the person's driving privilege or | ||||||
| 24 | privilege to obtain a driver's license or permit was | ||||||
| 25 | revoked or suspended unless the operation was authorized | ||||||
| 26 | by a monitoring device driving permit, judicial driving | ||||||
| |||||||
| |||||||
| 1 | permit issued prior to January 1, 2009, probationary | ||||||
| 2 | license to drive, or restricted driving permit issued | ||||||
| 3 | under this Code; | ||||||
| 4 | 12. Has submitted to any portion of the application | ||||||
| 5 | process for another person or has obtained the services of | ||||||
| 6 | another person to submit to any portion of the application | ||||||
| 7 | process for the purpose of obtaining a license, | ||||||
| 8 | identification card, or permit for some other person; | ||||||
| 9 | 13. Has operated a motor vehicle upon a highway of | ||||||
| 10 | this State when the person's driver's license or permit | ||||||
| 11 | was invalid under the provisions of Sections 6-107.1 and | ||||||
| 12 | 6-110; | ||||||
| 13 | 14. Has committed a violation of Section 6-301, | ||||||
| 14 | 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or | ||||||
| 15 | 14B of the Illinois Identification Card Act or a similar | ||||||
| 16 | offense in another state if, at the time of the offense, | ||||||
| 17 | the person held an Illinois driver's license or | ||||||
| 18 | identification card; | ||||||
| 19 | 15. Has been convicted of violating Section 21-2 of | ||||||
| 20 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 21 | relating to criminal trespass to vehicles if the person | ||||||
| 22 | exercised actual physical control over the vehicle during | ||||||
| 23 | the commission of the offense, in which case the | ||||||
| 24 | suspension shall be for one year; | ||||||
| 25 | 16. Has been convicted of violating Section 11-204 of | ||||||
| 26 | this Code relating to fleeing from a peace officer; | ||||||
| |||||||
| |||||||
| 1 | 17. Has refused to submit to a test, or tests, as | ||||||
| 2 | required under Section 11-501.1 of this Code and the | ||||||
| 3 | person has not sought a hearing as provided for in Section | ||||||
| 4 | 11-501.1; | ||||||
| 5 | 18. (Blank); | ||||||
| 6 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
| 7 | of Section 6-101 relating to driving without a driver's | ||||||
| 8 | license; | ||||||
| 9 | 20. Has been convicted of violating Section 6-104 | ||||||
| 10 | relating to classification of driver's license; | ||||||
| 11 | 21. Has been convicted of violating Section 11-402 of | ||||||
| 12 | this Code relating to leaving the scene of a crash | ||||||
| 13 | resulting in damage to a vehicle in excess of $1,000, in | ||||||
| 14 | which case the suspension shall be for one year; | ||||||
| 15 | 22. Has used a motor vehicle in violating paragraph | ||||||
| 16 | (3), (4), (7), or (9) of subsection (a) of Section 24-1 of | ||||||
| 17 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 18 | relating to unlawful possession of weapons, in which case | ||||||
| 19 | the suspension shall be for one year; | ||||||
| 20 | 23. Has, as a driver, been convicted of committing a | ||||||
| 21 | violation of paragraph (a) of Section 11-502 of this Code | ||||||
| 22 | for a second or subsequent time within one year of a | ||||||
| 23 | similar violation; | ||||||
| 24 | 24. Has been convicted by a court-martial or punished | ||||||
| 25 | by non-judicial punishment by military authorities of the | ||||||
| 26 | United States at a military installation in Illinois or in | ||||||
| |||||||
| |||||||
| 1 | another state of or for a traffic-related offense that is | ||||||
| 2 | the same as or similar to an offense specified under | ||||||
| 3 | Section 6-205 or 6-206 of this Code; | ||||||
| 4 | 25. Has permitted any form of identification to be | ||||||
| 5 | used by another in the application process in order to | ||||||
| 6 | obtain or attempt to obtain a license, identification | ||||||
| 7 | card, or permit; | ||||||
| 8 | 26. Has altered or attempted to alter a license or has | ||||||
| 9 | possessed an altered license, identification card, or | ||||||
| 10 | permit; | ||||||
| 11 | 27. (Blank); | ||||||
| 12 | 28. Has been convicted for a first time of the illegal | ||||||
| 13 | possession, while operating or in actual physical control, | ||||||
| 14 | as a driver, of a motor vehicle, of any controlled | ||||||
| 15 | substance prohibited under the Illinois Controlled | ||||||
| 16 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
| 17 | Control Act, or any methamphetamine prohibited under the | ||||||
| 18 | Methamphetamine Control and Community Protection Act, in | ||||||
| 19 | which case the person's driving privileges shall be | ||||||
| 20 | suspended for one year. Any defendant found guilty of this | ||||||
| 21 | offense while operating a motor vehicle shall have an | ||||||
| 22 | entry made in the court record by the presiding judge that | ||||||
| 23 | this offense did occur while the defendant was operating a | ||||||
| 24 | motor vehicle and order the clerk of the court to report | ||||||
| 25 | the violation to the Secretary of State; | ||||||
| 26 | 29. Has been convicted of the following offenses that | ||||||
| |||||||
| |||||||
| 1 | were committed while the person was operating or in actual | ||||||
| 2 | physical control, as a driver, of a motor vehicle: | ||||||
| 3 | criminal sexual assault, predatory criminal sexual assault | ||||||
| 4 | of a child, aggravated criminal sexual assault, criminal | ||||||
| 5 | sexual abuse, aggravated criminal sexual abuse, juvenile | ||||||
| 6 | pimping, soliciting for a sexually exploited child, | ||||||
| 7 | promoting commercial sexual exploitation of a child as | ||||||
| 8 | described in subdivision (a)(1), (a)(2), or (a)(3) of | ||||||
| 9 | Section 11-14.4 of the Criminal Code of 1961 or the | ||||||
| 10 | Criminal Code of 2012, and the manufacture, sale or | ||||||
| 11 | delivery of controlled substances or instruments used for | ||||||
| 12 | illegal drug use or abuse in which case the driver's | ||||||
| 13 | driving privileges shall be suspended for one year; | ||||||
| 14 | 30. Has been convicted a second or subsequent time for | ||||||
| 15 | any combination of the offenses named in paragraph 29 of | ||||||
| 16 | this subsection, in which case the person's driving | ||||||
| 17 | privileges shall be suspended for 5 years; | ||||||
| 18 | 31. Has refused to submit to a test as required by | ||||||
| 19 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
| 20 | Registration and Safety Act or has submitted to a test | ||||||
| 21 | resulting in an alcohol concentration of 0.08 or more or | ||||||
| 22 | any amount of a drug, substance, or compound resulting | ||||||
| 23 | from the unlawful use or consumption of cannabis as listed | ||||||
| 24 | in the Cannabis Control Act, a controlled substance as | ||||||
| 25 | listed in the Illinois Controlled Substances Act, an | ||||||
| 26 | intoxicating compound as listed in the Use of Intoxicating | ||||||
| |||||||
| |||||||
| 1 | Compounds Act, or methamphetamine as listed in the | ||||||
| 2 | Methamphetamine Control and Community Protection Act, in | ||||||
| 3 | which case the penalty shall be as prescribed in Section | ||||||
| 4 | 6-208.1; | ||||||
| 5 | 32. Has been convicted of Section 24-1.2 of the | ||||||
| 6 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 7 | relating to the aggravated discharge of a firearm if the | ||||||
| 8 | offender was located in a motor vehicle at the time the | ||||||
| 9 | firearm was discharged, in which case the suspension shall | ||||||
| 10 | be for 3 years; | ||||||
| 11 | 33. Has as a driver, who was less than 21 years of age | ||||||
| 12 | on the date of the offense, been convicted a first time of | ||||||
| 13 | a violation of paragraph (a) of Section 11-502 of this | ||||||
| 14 | Code or a similar provision of a local ordinance; | ||||||
| 15 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
| 16 | this Code or a similar provision of a local ordinance; | ||||||
| 17 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
| 18 | this Code or a similar provision of a local ordinance; | ||||||
| 19 | 36. Is under the age of 21 years at the time of arrest | ||||||
| 20 | and has been convicted of not less than 2 offenses against | ||||||
| 21 | traffic regulations governing the movement of vehicles | ||||||
| 22 | committed within any 24-month period. No revocation or | ||||||
| 23 | suspension shall be entered more than 6 months after the | ||||||
| 24 | date of last conviction; | ||||||
| 25 | 37. Has committed a violation of subsection (c), | ||||||
| 26 | (c-5), or (c-10) of Section 11-907 of this Code that | ||||||
| |||||||
| |||||||
| 1 | resulted in damage to the property of another or the death | ||||||
| 2 | or injury of another; | ||||||
| 3 | 38. Has been convicted of a violation of Section 6-20 | ||||||
| 4 | of the Liquor Control Act of 1934 or a similar provision of | ||||||
| 5 | a local ordinance and the person was an occupant of a motor | ||||||
| 6 | vehicle at the time of the violation; | ||||||
| 7 | 39. Has committed a second or subsequent violation of | ||||||
| 8 | Section 11-1201 of this Code; | ||||||
| 9 | 40. Has committed a violation of subsection (a-1) of | ||||||
| 10 | Section 11-908 of this Code; | ||||||
| 11 | 41. Has committed a second or subsequent violation of | ||||||
| 12 | Section 11-605.1 of this Code, a similar provision of a | ||||||
| 13 | local ordinance, or a similar violation in any other state | ||||||
| 14 | within 2 years of the date of the previous violation, in | ||||||
| 15 | which case the suspension shall be for 90 days; | ||||||
| 16 | 42. Has committed a violation of subsection (a-1) of | ||||||
| 17 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
| 18 | local ordinance; | ||||||
| 19 | 43. Has received a disposition of court supervision | ||||||
| 20 | for a violation of subsection (a), (d), or (e) of Section | ||||||
| 21 | 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
| 22 | provision of a local ordinance and the person was an | ||||||
| 23 | occupant of a motor vehicle at the time of the violation, | ||||||
| 24 | in which case the suspension shall be for a period of 3 | ||||||
| 25 | months; | ||||||
| 26 | 44. Is under the age of 21 years at the time of arrest | ||||||
| |||||||
| |||||||
| 1 | and has been convicted of an offense against traffic | ||||||
| 2 | regulations governing the movement of vehicles after | ||||||
| 3 | having previously had his or her driving privileges | ||||||
| 4 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
| 5 | Section; | ||||||
| 6 | 45. Has, in connection with or during the course of a | ||||||
| 7 | formal hearing conducted under Section 2-118 of this Code: | ||||||
| 8 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
| 9 | falsified documents; (iii) submitted documents that have | ||||||
| 10 | been materially altered; or (iv) submitted, as his or her | ||||||
| 11 | own, documents that were in fact prepared or composed for | ||||||
| 12 | another person; | ||||||
| 13 | 46. Has committed a violation of subsection (j) of | ||||||
| 14 | Section 3-413 of this Code; | ||||||
| 15 | 47. Has committed a violation of subsection (a) of | ||||||
| 16 | Section 11-502.1 of this Code; | ||||||
| 17 | 48. Has submitted a falsified or altered medical | ||||||
| 18 | examiner's certificate to the Secretary of State or | ||||||
| 19 | provided false information to obtain a medical examiner's | ||||||
| 20 | certificate; | ||||||
| 21 | 49. Has been convicted of a violation of Section | ||||||
| 22 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
| 23 | another, in which case the driving privileges of the | ||||||
| 24 | person shall be suspended for 12 months; | ||||||
| 25 | 50. Has committed a violation of subsection (b-5) of | ||||||
| 26 | Section 12-610.2 that resulted in great bodily harm, | ||||||
| |||||||
| |||||||
| 1 | permanent disability, or disfigurement, in which case the | ||||||
| 2 | driving privileges of the person shall be suspended for 12 | ||||||
| 3 | months; | ||||||
| 4 | 51. Has committed a violation of Section 10-15 Of the | ||||||
| 5 | Cannabis Regulation and Tax Act or a similar provision of | ||||||
| 6 | a local ordinance while in a motor vehicle; or | ||||||
| 7 | 52. Has committed a violation of subsection (b) of | ||||||
| 8 | Section 10-20 of the Cannabis Regulation and Tax Act or a | ||||||
| 9 | similar provision of a local ordinance; or . | ||||||
| 10 | 53. Has committed a violation of subsection (g) of | ||||||
| 11 | Section 6-107 of this Code that resulted in bodily harm or | ||||||
| 12 | permanent disability to another. | ||||||
| 13 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
| 14 | and 27 of this subsection, license means any driver's license, | ||||||
| 15 | any traffic ticket issued when the person's driver's license | ||||||
| 16 | is deposited in lieu of bail, a suspension notice issued by the | ||||||
| 17 | Secretary of State, a duplicate or corrected driver's license, | ||||||
| 18 | a probationary driver's license, or a temporary driver's | ||||||
| 19 | license. | ||||||
| 20 | (b) If any conviction forming the basis of a suspension or | ||||||
| 21 | revocation authorized under this Section is appealed, the | ||||||
| 22 | Secretary of State may rescind or withhold the entry of the | ||||||
| 23 | order of suspension or revocation, as the case may be, | ||||||
| 24 | provided that a certified copy of a stay order of a court is | ||||||
| 25 | filed with the Secretary of State. If the conviction is | ||||||
| 26 | affirmed on appeal, the date of the conviction shall relate | ||||||
| |||||||
| |||||||
| 1 | back to the time the original judgment of conviction was | ||||||
| 2 | entered and the 6-month limitation prescribed shall not apply. | ||||||
| 3 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
| 4 | permit of any person as authorized in this Section, the | ||||||
| 5 | Secretary of State shall immediately notify the person in | ||||||
| 6 | writing of the revocation or suspension. The notice to be | ||||||
| 7 | deposited in the United States mail, postage prepaid, to the | ||||||
| 8 | last known address of the person. | ||||||
| 9 | 2. If the Secretary of State suspends the driver's license | ||||||
| 10 | of a person under subsection 2 of paragraph (a) of this | ||||||
| 11 | Section, a person's privilege to operate a vehicle as an | ||||||
| 12 | occupation shall not be suspended, provided an affidavit is | ||||||
| 13 | properly completed, the appropriate fee received, and a permit | ||||||
| 14 | issued prior to the effective date of the suspension, unless 5 | ||||||
| 15 | offenses were committed, at least 2 of which occurred while | ||||||
| 16 | operating a commercial vehicle in connection with the driver's | ||||||
| 17 | regular occupation. All other driving privileges shall be | ||||||
| 18 | suspended by the Secretary of State. Any driver prior to | ||||||
| 19 | operating a vehicle for occupational purposes only must submit | ||||||
| 20 | the affidavit on forms to be provided by the Secretary of State | ||||||
| 21 | setting forth the facts of the person's occupation. The | ||||||
| 22 | affidavit shall also state the number of offenses committed | ||||||
| 23 | while operating a vehicle in connection with the driver's | ||||||
| 24 | regular occupation. The affidavit shall be accompanied by the | ||||||
| 25 | driver's license. Upon receipt of a properly completed | ||||||
| 26 | affidavit, the Secretary of State shall issue the driver a | ||||||
| |||||||
| |||||||
| 1 | permit to operate a vehicle in connection with the driver's | ||||||
| 2 | regular occupation only. Unless the permit is issued by the | ||||||
| 3 | Secretary of State prior to the date of suspension, the | ||||||
| 4 | privilege to drive any motor vehicle shall be suspended as set | ||||||
| 5 | forth in the notice that was mailed under this Section. If an | ||||||
| 6 | affidavit is received subsequent to the effective date of this | ||||||
| 7 | suspension, a permit may be issued for the remainder of the | ||||||
| 8 | suspension period. | ||||||
| 9 | The provisions of this subparagraph shall not apply to any | ||||||
| 10 | driver required to possess a CDL for the purpose of operating a | ||||||
| 11 | commercial motor vehicle. | ||||||
| 12 | Any person who falsely states any fact in the affidavit | ||||||
| 13 | required herein shall be guilty of perjury under Section 6-302 | ||||||
| 14 | and upon conviction thereof shall have all driving privileges | ||||||
| 15 | revoked without further rights. | ||||||
| 16 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
| 17 | this Code, the Secretary of State shall either rescind or | ||||||
| 18 | continue an order of revocation or shall substitute an order | ||||||
| 19 | of suspension; or, good cause appearing therefor, rescind, | ||||||
| 20 | continue, change, or extend the order of suspension. If the | ||||||
| 21 | Secretary of State does not rescind the order, the Secretary | ||||||
| 22 | may upon application, to relieve undue hardship (as defined by | ||||||
| 23 | the rules of the Secretary of State), issue a restricted | ||||||
| 24 | driving permit granting the privilege of driving a motor | ||||||
| 25 | vehicle between the petitioner's residence and petitioner's | ||||||
| 26 | place of employment or within the scope of the petitioner's | ||||||
| |||||||
| |||||||
| 1 | employment-related duties, or to allow the petitioner to | ||||||
| 2 | transport himself or herself, or a family member of the | ||||||
| 3 | petitioner's household to a medical facility, to receive | ||||||
| 4 | necessary medical care, to allow the petitioner to transport | ||||||
| 5 | himself or herself to and from alcohol or drug remedial or | ||||||
| 6 | rehabilitative activity recommended by a licensed service | ||||||
| 7 | provider, or to allow the petitioner to transport himself or | ||||||
| 8 | herself or a family member of the petitioner's household to | ||||||
| 9 | classes, as a student, at an accredited educational | ||||||
| 10 | institution, or to allow the petitioner to transport children, | ||||||
| 11 | elderly persons, or persons with disabilities who do not hold | ||||||
| 12 | driving privileges and are living in the petitioner's | ||||||
| 13 | household to and from day care daycare. The petitioner must | ||||||
| 14 | demonstrate that no alternative means of transportation is | ||||||
| 15 | reasonably available and that the petitioner will not endanger | ||||||
| 16 | the public safety or welfare. | ||||||
| 17 | (A) If a person's license or permit is revoked or | ||||||
| 18 | suspended due to 2 or more convictions of violating | ||||||
| 19 | Section 11-501 of this Code or a similar provision of a | ||||||
| 20 | local ordinance or a similar out-of-state offense, or | ||||||
| 21 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 22 | Code of 2012, where the use of alcohol or other drugs is | ||||||
| 23 | recited as an element of the offense, or a similar | ||||||
| 24 | out-of-state offense, or a combination of these offenses, | ||||||
| 25 | arising out of separate occurrences, that person, if | ||||||
| 26 | issued a restricted driving permit, may not operate a | ||||||
| |||||||
| |||||||
| 1 | vehicle unless it has been equipped with an ignition | ||||||
| 2 | interlock device as defined in Section 1-129.1. | ||||||
| 3 | (B) If a person's license or permit is revoked or | ||||||
| 4 | suspended 2 or more times due to any combination of: | ||||||
| 5 | (i) a single conviction of violating Section | ||||||
| 6 | 11-501 of this Code or a similar provision of a local | ||||||
| 7 | ordinance or a similar out-of-state offense or Section | ||||||
| 8 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 9 | of 2012, where the use of alcohol or other drugs is | ||||||
| 10 | recited as an element of the offense, or a similar | ||||||
| 11 | out-of-state offense; or | ||||||
| 12 | (ii) a statutory summary suspension or revocation | ||||||
| 13 | under Section 11-501.1; or | ||||||
| 14 | (iii) a suspension under Section 6-203.1; | ||||||
| 15 | arising out of separate occurrences; that person, if | ||||||
| 16 | issued a restricted driving permit, may not operate a | ||||||
| 17 | vehicle unless it has been equipped with an ignition | ||||||
| 18 | interlock device as defined in Section 1-129.1. | ||||||
| 19 | (B-5) If a person's license or permit is revoked or | ||||||
| 20 | suspended due to a conviction for a violation of | ||||||
| 21 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
| 22 | of Section 11-501 of this Code, or a similar provision of a | ||||||
| 23 | local ordinance or similar out-of-state offense, that | ||||||
| 24 | 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. | ||||||
| |||||||
| |||||||
| 1 | (C) The person issued a permit conditioned upon the | ||||||
| 2 | use of an ignition interlock device must pay to the | ||||||
| 3 | Secretary of State DUI Administration Fund an amount not | ||||||
| 4 | to exceed $30 per month. The Secretary shall establish by | ||||||
| 5 | rule the amount and the procedures, terms, and conditions | ||||||
| 6 | relating to these fees. | ||||||
| 7 | (D) 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 | ||||||
| 12 | person's employer when used solely for employment | ||||||
| 13 | purposes. For any person who, within a 5-year period, is | ||||||
| 14 | convicted of a second or subsequent offense under Section | ||||||
| 15 | 11-501 of this Code, or a similar provision of a local | ||||||
| 16 | ordinance or similar out-of-state offense, this employment | ||||||
| 17 | exemption does not apply until either a one-year period | ||||||
| 18 | has elapsed during which that person had his or her | ||||||
| 19 | driving privileges revoked or a one-year period has | ||||||
| 20 | elapsed during which that person had a restricted driving | ||||||
| 21 | permit which required the use of an ignition interlock | ||||||
| 22 | device on every motor vehicle owned or operated by that | ||||||
| 23 | person. | ||||||
| 24 | (E) In each case the Secretary may issue a restricted | ||||||
| 25 | driving permit for a period deemed appropriate, except | ||||||
| 26 | that all permits shall expire no later than 2 years from | ||||||
| |||||||
| |||||||
| 1 | the date of issuance. A restricted driving permit issued | ||||||
| 2 | under this Section shall be subject to cancellation, | ||||||
| 3 | revocation, and suspension by the Secretary of State in | ||||||
| 4 | like manner and for like cause as a driver's license | ||||||
| 5 | issued under this Code may be cancelled, revoked, or | ||||||
| 6 | suspended; except that a conviction upon one or more | ||||||
| 7 | offenses against laws or ordinances regulating the | ||||||
| 8 | movement of traffic shall be deemed sufficient cause for | ||||||
| 9 | the revocation, suspension, or cancellation of a | ||||||
| 10 | restricted driving permit. The Secretary of State may, as | ||||||
| 11 | a condition to the issuance of a restricted driving | ||||||
| 12 | permit, require the applicant to participate in a | ||||||
| 13 | designated driver remedial or rehabilitative program. The | ||||||
| 14 | Secretary of State is authorized to cancel a restricted | ||||||
| 15 | driving permit if the permit holder does not successfully | ||||||
| 16 | complete the program. | ||||||
| 17 | (F) A person subject to the provisions of paragraph 4 | ||||||
| 18 | of subsection (b) of Section 6-208 of this Code may make | ||||||
| 19 | application for a restricted driving permit at a hearing | ||||||
| 20 | conducted under Section 2-118 of this Code after the | ||||||
| 21 | expiration of 5 years from the effective date of the most | ||||||
| 22 | recent revocation or after 5 years from the date of | ||||||
| 23 | release from a period of imprisonment resulting from a | ||||||
| 24 | conviction of the most recent offense, whichever is later, | ||||||
| 25 | provided the person, in addition to all other requirements | ||||||
| 26 | of the Secretary, shows by clear and convincing evidence: | ||||||
| |||||||
| |||||||
| 1 | (i) a minimum of 3 years of uninterrupted | ||||||
| 2 | abstinence from alcohol and the unlawful use or | ||||||
| 3 | consumption of cannabis under the Cannabis Control | ||||||
| 4 | Act, a controlled substance under the Illinois | ||||||
| 5 | Controlled Substances Act, an intoxicating compound | ||||||
| 6 | under the Use of Intoxicating Compounds Act, or | ||||||
| 7 | methamphetamine under the Methamphetamine Control and | ||||||
| 8 | Community Protection Act; and | ||||||
| 9 | (ii) the successful completion of any | ||||||
| 10 | rehabilitative treatment and involvement in any | ||||||
| 11 | ongoing rehabilitative activity that may be | ||||||
| 12 | recommended by a properly licensed service provider | ||||||
| 13 | according to an assessment of the person's alcohol or | ||||||
| 14 | drug use under Section 11-501.01 of this Code. | ||||||
| 15 | In determining whether an applicant is eligible for a | ||||||
| 16 | restricted driving permit under this subparagraph (F), the | ||||||
| 17 | Secretary may consider any relevant evidence, including, | ||||||
| 18 | but not limited to, testimony, affidavits, records, and | ||||||
| 19 | the results of regular alcohol or drug tests. Persons | ||||||
| 20 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
| 21 | of Section 6-208 of this Code and who have been convicted | ||||||
| 22 | of more than one violation of paragraph (3), paragraph | ||||||
| 23 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
| 24 | of this Code shall not be eligible to apply for a | ||||||
| 25 | restricted driving permit under this subparagraph (F). | ||||||
| 26 | A restricted driving permit issued under this | ||||||
| |||||||
| |||||||
| 1 | subparagraph (F) shall provide that the holder may only | ||||||
| 2 | operate motor vehicles equipped with an ignition interlock | ||||||
| 3 | device as required under paragraph (2) of subsection (c) | ||||||
| 4 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
| 5 | paragraph 3 of subsection (c) of this Section. The | ||||||
| 6 | Secretary may revoke a restricted driving permit or amend | ||||||
| 7 | the conditions of a restricted driving permit issued under | ||||||
| 8 | this subparagraph (F) if the holder operates a vehicle | ||||||
| 9 | that is not equipped with an ignition interlock device, or | ||||||
| 10 | for any other reason authorized under this Code. | ||||||
| 11 | A restricted driving permit issued under this | ||||||
| 12 | subparagraph (F) shall be revoked, and the holder barred | ||||||
| 13 | from applying for or being issued a restricted driving | ||||||
| 14 | permit in the future, if the holder is convicted of a | ||||||
| 15 | violation of Section 11-501 of this Code, a similar | ||||||
| 16 | provision of a local ordinance, or a similar offense in | ||||||
| 17 | another state. | ||||||
| 18 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
| 19 | subsection (a), reports received by the Secretary of State | ||||||
| 20 | under this Section shall, except during the actual time the | ||||||
| 21 | suspension is in effect, be privileged information and for use | ||||||
| 22 | only by the courts, police officers, prosecuting authorities, | ||||||
| 23 | the driver licensing administrator of any other state, the | ||||||
| 24 | Secretary of State, or the parent or legal guardian of a driver | ||||||
| 25 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
| 26 | person is a CDL holder, the suspension shall also be made | ||||||
| |||||||
| |||||||
| 1 | available to the driver licensing administrator of any other | ||||||
| 2 | state, the U.S. Department of Transportation, and the affected | ||||||
| 3 | driver or motor carrier or prospective motor carrier upon | ||||||
| 4 | request. | ||||||
| 5 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
| 6 | subsection (a), the Secretary of State shall notify the person | ||||||
| 7 | by mail that his or her driving privileges and driver's | ||||||
| 8 | license will be suspended one month after the date of the | ||||||
| 9 | mailing of the notice. | ||||||
| 10 | (c-5) The Secretary of State may, as a condition of the | ||||||
| 11 | reissuance of a driver's license or permit to an applicant | ||||||
| 12 | whose driver's license or permit has been suspended before he | ||||||
| 13 | or she reached the age of 21 years pursuant to any of the | ||||||
| 14 | provisions of this Section, require the applicant to | ||||||
| 15 | participate in a driver remedial education course and be | ||||||
| 16 | retested under Section 6-109 of this Code. | ||||||
| 17 | (d) This Section is subject to the provisions of the | ||||||
| 18 | Driver License Compact. | ||||||
| 19 | (e) The Secretary of State shall not issue a restricted | ||||||
| 20 | driving permit to a person under the age of 16 years whose | ||||||
| 21 | driving privileges have been suspended or revoked under any | ||||||
| 22 | provisions of this Code. | ||||||
| 23 | (f) In accordance with 49 CFR 384, the Secretary of State | ||||||
| 24 | may not issue a restricted driving permit for the operation of | ||||||
| 25 | a commercial motor vehicle to a person holding a CDL whose | ||||||
| 26 | driving privileges have been suspended, revoked, cancelled, or | ||||||
| |||||||
| |||||||
| 1 | disqualified under any provisions of this Code. | ||||||
| 2 | (Source: P.A. 103-154, eff. 6-30-23; 103-822, eff. 1-1-25; | ||||||
| 3 | 103-1071, eff. 7-1-25; 104-400, eff. 6-1-26; revised | ||||||
| 4 | 10-27-25.)"; and | ||||||
| 5 | on page 7, by replacing lines 4 through 5 with the following: | ||||||
| 6 | "Section 95. No acceleration or delay. Where this Act | ||||||
| 7 | makes changes in a statute that is represented in this Act by | ||||||
| 8 | text that is not yet or no longer in effect (for example, a | ||||||
| 9 | Section represented by multiple versions), the use of that | ||||||
| 10 | text does not accelerate or delay the taking effect of (i) the | ||||||
| 11 | changes made by this Act or (ii) provisions derived from any | ||||||
| 12 | other Public Act. | ||||||
| 13 | Section 99. Effective date. This Act takes effect January | ||||||
| 14 | 1, 2027.". | ||||||
