101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2190

Introduced , by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:
See Index

Amends the Illinois Vehicle Code. Provides that the amendatory Act may be referred to as the License to Work Act. Deletes language providing that all notices sent to a person involved in an administrative proceeding shall state that failure to satisfy any fine or penalty shall result in the Secretary of State suspending his or her driving privileges, vehicle registration, or both. Provides that the Secretary is authorized to cancel any license or permit if the holder failed to pay any fees owed to the Secretary for the license or permit (rather than failure to pay any fees, civil penalties owed to the Illinois Commerce Commission, or taxes due upon reasonable notice and demand). Provides that a person whose driver's license was canceled, suspended, or revoked under certain circumstances shall have his or her driving privileges reinstated. Deletes language providing that the reporting requirements for public officials shall apply to a truant minor in need of supervision, an addicted minor, or a delinquent minor whose driver's license has been suspended. Provides for the immediate revocation of the license, permit, or driving privileges of any driver if the driver was convicted of a misdemeanor relating to a motor vehicle if the person exercised actual physical control over the vehicle during the commission of the offense. Provides that the Secretary is authorized to suspend or revoke the driving privileges of any person without a preliminary hearing if the person has been convicted of criminal trespass to vehicle if the person exercised actual physical control over the vehicle during the commission of the offense. Provides that in order to be subject to suspension or revocation for violation of specific provisions of the Liquor Control Act of 1934, a person must also be an occupant of a motor vehicle at the time of the violation. Deletes language authorizing the Secretary to suspend or revoke the driving privileges of a person without a preliminary hearing for specific adjudications or violations. Deletes language providing that the owner of a registered vehicle that has failed to pay any fine or penalty due and owing as a result of 10 or more violations shall have his or her driving privileges suspended. Repeals Sections concerning the suspension of a driver's license for theft of motor fuel and suspension of driving privileges for failure to satisfy fines or penalties for toll violations or evasions. Effective July 1, 2020.
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A BILL FOR

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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. This Act may be referred to as the License to
5Work Act.
6 Section 5. The Illinois Vehicle Code is amended by changing
7Sections 3-704.2, 6-201, 6-204, 6-205, 6-206, 6-306.5, and
811-208.3 and by adding Sections 6-209.1 and 6-213 as follows:
9 (625 ILCS 5/3-704.2)
10 Sec. 3-704.2. Failure to satisfy fines or penalties for
11toll violations or evasions; suspension of vehicle
12registration.
13 (a) Upon receipt of a certified report, as prescribed by
14subsection (c) of this Section, from the Authority stating that
15the owner of a registered vehicle has failed to satisfy any
16fine or penalty resulting from a final order issued by the
17Authority relating directly or indirectly to 5 or more toll
18violations, toll evasions, or both, the Secretary of State
19shall suspend the vehicle registration of the person in
20accordance with the procedures set forth in this Section.
21 (b) Following receipt of the certified report of the
22Authority as specified in the Section, the Secretary of State

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1shall notify the person whose name appears on the certified
2report that the person's vehicle registration will be suspended
3at the end of a specified period unless the Secretary of State
4is presented with a notice from the Authority certifying that
5the fines or penalties owing the Authority have been satisfied
6or that inclusion of that person's name on the certified report
7was in error. The Secretary's notice shall state in substance
8the information contained in the Authority's certified report
9to the Secretary, and shall be effective as specified by
10subsection (c) of Section 6-211 of this Code.
11 (c) The report from the Authority notifying the Secretary
12of unsatisfied fines or penalties pursuant to this Section
13shall be certified and shall contain the following:
14 (1) The name, last known address, and driver's license
15 number of the person who failed to satisfy the fines or
16 penalties and the registration number of any vehicle known
17 to be registered in this State to that person.
18 (2) A statement that the Authority sent a notice of
19 impending suspension of the person's driver's license,
20 vehicle registration, or both, as prescribed by rules
21 enacted pursuant to subsection (a-5) of Section 10 of the
22 Toll Highway Act, to the person named in the report at the
23 address recorded with the Secretary of State; the date on
24 which the notice was sent; and the address to which the
25 notice was sent.
26 (d) The Authority, after making a certified report to the

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1Secretary pursuant to this Section, shall notify the Secretary,
2on a form prescribed by the Secretary, whenever a person named
3in the certified report has satisfied the previously reported
4fines or penalties or whenever the Authority determines that
5the original report was in error. A certified copy of the
6notification shall also be given upon request and at no
7additional charge to the person named therein. Upon receipt of
8the Authority's notification or presentation of a certified
9copy of the notification, the Secretary shall terminate the
10suspension.
11 (e) The Authority shall, by rule, establish procedures for
12persons to challenge the accuracy of the certified report made
13pursuant to this Section. The rule shall also provide the
14grounds for a challenge, which may be limited to:
15 (1) the person not having been the owner or lessee of
16 the vehicle or vehicles receiving 5 or more toll violation
17 or toll evasion notices on the date or dates the notices
18 were issued; or
19 (2) the person having already satisfied the fines or
20 penalties for the 5 or more toll violations or toll
21 evasions indicated on the certified report.
22 (f) All notices sent by the Authority to persons involved
23in administrative adjudications, hearings, and final orders
24issued pursuant to rules implementing subsection (a-5) of
25Section 10 of the Toll Highway Act shall state, in clear and
26unambiguous language, the consequences of that failure to

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1satisfy any fine or penalty imposed by the Authority shall
2result in the Secretary of State suspending the driving
3privileges, vehicle registration, or both, of the person
4failing to satisfy the fines or penalties imposed by the
5Authority.
6 (g) A person may request an administrative hearing to
7contest an impending suspension or a suspension made pursuant
8to this Section upon filing a written request with the
9Secretary. The filing fee for this hearing is $20, to be paid
10at the time of the request. The Authority shall reimburse the
11Secretary for all reasonable costs incurred by the Secretary as
12a result of the filing of a certified report pursuant to this
13Section, including, but not limited to, the costs of providing
14notice required pursuant to subsection (b) and the costs
15incurred by the Secretary in any hearing conducted with respect
16to the report pursuant to this subsection and any appeal from
17that hearing.
18 (h) The Secretary and the Authority may promulgate rules to
19enable them to carry out their duties under this Section.
20 (i) The Authority shall cooperate with the Secretary in the
21administration of this Section and shall provide the Secretary
22with any information the Secretary may deem necessary for these
23purposes, including regular and timely access to toll violation
24enforcement records.
25 The Secretary shall cooperate with the Authority in the
26administration of this Section and shall provide the Authority

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1with any information the Authority may deem necessary for the
2purposes of this Section, including regular and timely access
3to vehicle registration records. Section 2-123 of this Code
4shall not apply to the provision of this information, but the
5Secretary shall be reimbursed for the cost of providing this
6information.
7 (j) For purposes of this Section, the term "Authority"
8means the Illinois State Toll Highway Authority.
9(Source: P.A. 91-277, eff. 1-1-00.)
10 (625 ILCS 5/6-201)
11 Sec. 6-201. Authority to cancel licenses and permits.
12 (a) The Secretary of State is authorized to cancel any
13license or permit upon determining that the holder thereof:
14 1. was not entitled to the issuance thereof hereunder;
15 or
16 2. failed to give the required or correct information
17 in his application; or
18 3. failed to pay any fees owed to the Secretary of
19 State under this Code for the license or permit , civil
20 penalties owed to the Illinois Commerce Commission, or
21 taxes due under this Act and upon reasonable notice and
22 demand; or
23 4. committed any fraud in the making of such
24 application; or
25 5. is ineligible therefor under the provisions of

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1 Section 6-103 of this Act, as amended; or
2 6. has refused or neglected to submit an alcohol, drug,
3 and intoxicating compound evaluation or to submit to
4 examination or re-examination as required under this Act;
5 or
6 7. has been convicted of violating the Cannabis Control
7 Act, the Illinois Controlled Substances Act, the
8 Methamphetamine Control and Community Protection Act, or
9 the Use of Intoxicating Compounds Act while that individual
10 was in actual physical control of a motor vehicle. For
11 purposes of this Section, any person placed on probation
12 under Section 10 of the Cannabis Control Act, Section 410
13 of the Illinois Controlled Substances Act, or Section 70 of
14 the Methamphetamine Control and Community Protection Act
15 shall not be considered convicted. Any person found guilty
16 of this offense, while in actual physical control of a
17 motor vehicle, shall have an entry made in the court record
18 by the judge that this offense did occur while the person
19 was in actual physical control of a motor vehicle and order
20 the clerk of the court to report the violation to the
21 Secretary of State as such. After the cancellation, the
22 Secretary of State shall not issue a new license or permit
23 for a period of one year after the date of cancellation.
24 However, upon application, the Secretary of State may, if
25 satisfied that the person applying will not endanger the
26 public safety, or welfare, issue a restricted driving

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1 permit granting the privilege of driving a motor vehicle
2 between the petitioner's residence and petitioner's place
3 of employment or within the scope of the petitioner's
4 employment related duties, or to allow transportation for
5 the petitioner or a household member of the petitioner's
6 family for the receipt of necessary medical care, or
7 provide transportation for the petitioner to and from
8 alcohol or drug remedial or rehabilitative activity
9 recommended by a licensed service provider, or for the
10 petitioner to attend classes, as a student, in an
11 accredited educational institution. The petitioner must
12 demonstrate that no alternative means of transportation is
13 reasonably available; provided that the Secretary's
14 discretion shall be limited to cases where undue hardship,
15 as defined by the rules of the Secretary of State, would
16 result from a failure to issue such restricted driving
17 permit. In each case the Secretary of State may issue such
18 restricted driving permit for such period as he deems
19 appropriate, except that such permit shall expire no later
20 than 2 years from the date of issuance. A restricted
21 driving permit issued hereunder shall be subject to
22 cancellation, revocation and suspension by the Secretary
23 of State in like manner and for like cause as a driver's
24 license issued hereunder may be cancelled, revoked or
25 suspended; except that a conviction upon one or more
26 offenses against laws or ordinances regulating the

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1 movement of traffic shall be deemed sufficient cause for
2 the revocation, suspension or cancellation of a restricted
3 driving permit. The Secretary of State may, as a condition
4 to the issuance of a restricted driving permit, require the
5 applicant to participate in a driver remedial or
6 rehabilitative program. In accordance with 49 C.F.R. 384,
7 the Secretary of State may not issue a restricted driving
8 permit for the operation of a commercial motor vehicle to a
9 person holding a CDL whose driving privileges have been
10 revoked, suspended, cancelled, or disqualified under this
11 Code; or
12 8. failed to submit a report as required by Section
13 6-116.5 of this Code; or
14 9. has been convicted of a sex offense as defined in
15 the Sex Offender Registration Act. The driver's license
16 shall remain cancelled until the driver registers as a sex
17 offender as required by the Sex Offender Registration Act,
18 proof of the registration is furnished to the Secretary of
19 State and the sex offender provides proof of current
20 address to the Secretary; or
21 10. is ineligible for a license or permit under Section
22 6-107, 6-107.1, or 6-108 of this Code; or
23 11. refused or neglected to appear at a Driver Services
24 facility to have the license or permit corrected and a new
25 license or permit issued or to present documentation for
26 verification of identity; or

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1 12. failed to submit a medical examiner's certificate
2 or medical variance as required by 49 C.F.R. 383.71 or
3 submitted a fraudulent medical examiner's certificate or
4 medical variance; or
5 13. has had his or her medical examiner's certificate,
6 medical variance, or both removed or rescinded by the
7 Federal Motor Carrier Safety Administration; or
8 14. failed to self-certify as to the type of driving in
9 which the CDL driver engages or expects to engage; or
10 15. has submitted acceptable documentation indicating
11 out-of-state residency to the Secretary of State to be
12 released from the requirement of showing proof of financial
13 responsibility in this State; or
14 16. was convicted of fraud relating to the testing or
15 issuance of a CDL or CLP, in which case only the CDL or CLP
16 shall be cancelled. After cancellation, the Secretary
17 shall not issue a CLP or CDL for a period of one year from
18 the date of cancellation; or
19 17. has a special restricted license under subsection
20 (g) of Section 6-113 of this Code and failed to submit the
21 required annual vision specialist report that the special
22 restricted license holder's vision has not changed; or
23 18. has a special restricted license under subsection
24 (g) of Section 6-113 of this Code and was convicted or
25 received court supervision for a violation of this Code
26 that occurred during nighttime hours or was involved in a

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1 motor vehicle accident during nighttime hours in which the
2 restricted license holder was at fault; or
3 19. has assisted an out-of-state resident in acquiring
4 an Illinois driver's license or identification card by
5 providing or allowing the out-of-state resident to use his
6 or her Illinois address of residence and is complicit in
7 distributing and forwarding the Illinois driver's license
8 or identification card to the out-of-state resident.
9 (b) Upon such cancellation the licensee or permittee must
10surrender the license or permit so cancelled to the Secretary
11of State.
12 (c) Except as provided in Sections 6-206.1 and 7-702.1, the
13Secretary of State shall have exclusive authority to grant,
14issue, deny, cancel, suspend and revoke driving privileges,
15drivers' licenses and restricted driving permits.
16 (d) The Secretary of State may adopt rules to implement
17this Section.
18(Source: P.A. 100-409, eff. 8-25-17; 100-803, eff. 1-1-19.)
19 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
20 Sec. 6-204. When court to forward license and reports.
21 (a) For the purpose of providing to the Secretary of State
22the records essential to the performance of the Secretary's
23duties under this Code to cancel, revoke or suspend the
24driver's license and privilege to drive motor vehicles of
25certain minors adjudicated truant minors in need of

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1supervision, addicted, or delinquent and of persons found
2guilty of the criminal offenses or traffic violations which
3this Code recognizes as evidence relating to unfitness to
4safely operate motor vehicles, the following duties are imposed
5upon public officials:
6 (1) Whenever any person is convicted of any offense for
7 which this Code makes mandatory the cancellation or
8 revocation of the driver's license or permit of such person
9 by the Secretary of State, the judge of the court in which
10 such conviction is had shall require the surrender to the
11 clerk of the court of all driver's licenses or permits then
12 held by the person so convicted, and the clerk of the court
13 shall, within 5 days thereafter, forward the same, together
14 with a report of such conviction, to the Secretary.
15 (2) Whenever any person is convicted of any offense
16 under this Code or similar offenses under a municipal
17 ordinance, other than regulations governing standing,
18 parking or weights of vehicles, and excepting the following
19 enumerated Sections of this Code: Sections 11-1406
20 (obstruction to driver's view or control), 11-1407
21 (improper opening of door into traffic), 11-1410 (coasting
22 on downgrade), 11-1411 (following fire apparatus),
23 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
24 vehicle which is in unsafe condition or improperly
25 equipped), 12-201(a) (daytime lights on motorcycles),
26 12-202 (clearance, identification and side marker lamps),

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1 12-204 (lamp or flag on projecting load), 12-205 (failure
2 to display the safety lights required), 12-401
3 (restrictions as to tire equipment), 12-502 (mirrors),
4 12-503 (windshields must be unobstructed and equipped with
5 wipers), 12-601 (horns and warning devices), 12-602
6 (mufflers, prevention of noise or smoke), 12-603 (seat
7 safety belts), 12-702 (certain vehicles to carry flares or
8 other warning devices), 12-703 (vehicles for oiling roads
9 operated on highways), 12-710 (splash guards and
10 replacements), 13-101 (safety tests), 15-101 (size, weight
11 and load), 15-102 (width), 15-103 (height), 15-104 (name
12 and address on second division vehicles), 15-107 (length of
13 vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
14 15-112 (weights), 15-301 (weights), 15-316 (weights),
15 15-318 (weights), and also excepting the following
16 enumerated Sections of the Chicago Municipal Code:
17 Sections 27-245 (following fire apparatus), 27-254
18 (obstruction of traffic), 27-258 (driving vehicle which is
19 in unsafe condition), 27-259 (coasting on downgrade),
20 27-264 (use of horns and signal devices), 27-265
21 (obstruction to driver's view or driver mechanism), 27-267
22 (dimming of headlights), 27-268 (unattended motor
23 vehicle), 27-272 (illegal funeral procession), 27-273
24 (funeral procession on boulevard), 27-275 (driving freight
25 hauling vehicles on boulevard), 27-276 (stopping and
26 standing of buses or taxicabs), 27-277 (cruising of public

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1 passenger vehicles), 27-305 (parallel parking), 27-306
2 (diagonal parking), 27-307 (parking not to obstruct
3 traffic), 27-308 (stopping, standing or parking
4 regulated), 27-311 (parking regulations), 27-312 (parking
5 regulations), 27-313 (parking regulations), 27-314
6 (parking regulations), 27-315 (parking regulations),
7 27-316 (parking regulations), 27-317 (parking
8 regulations), 27-318 (parking regulations), 27-319
9 (parking regulations), 27-320 (parking regulations),
10 27-321 (parking regulations), 27-322 (parking
11 regulations), 27-324 (loading and unloading at an angle),
12 27-333 (wheel and axle loads), 27-334 (load restrictions in
13 the downtown district), 27-335 (load restrictions in
14 residential areas), 27-338 (width of vehicles), 27-339
15 (height of vehicles), 27-340 (length of vehicles), 27-352
16 (reflectors on trailers), 27-353 (mufflers), 27-354
17 (display of plates), 27-355 (display of city vehicle tax
18 sticker), 27-357 (identification of vehicles), 27-358
19 (projecting of loads), and also excepting the following
20 enumerated paragraphs of Section 2-201 of the Rules and
21 Regulations of the Illinois State Toll Highway Authority:
22 (l) (driving unsafe vehicle on tollway), (m) (vehicles
23 transporting dangerous cargo not properly indicated), it
24 shall be the duty of the clerk of the court in which such
25 conviction is had within 5 days thereafter to forward to
26 the Secretary of State a report of the conviction and the

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1 court may recommend the suspension of the driver's license
2 or permit of the person so convicted.
3 The reporting requirements of this subsection shall
4 apply to all violations stated in paragraphs (1) and (2) of
5 this subsection when the individual has been adjudicated
6 under the Juvenile Court Act or the Juvenile Court Act of
7 1987. Such reporting requirements shall also apply to
8 individuals adjudicated under the Juvenile Court Act or the
9 Juvenile Court Act of 1987 who have committed a violation
10 of Section 11-501 of this Code, or similar provision of a
11 local ordinance, or Section 9-3 of the Criminal Code of
12 1961 or the Criminal Code of 2012, relating to the offense
13 of reckless homicide, or Section 5-7 of the Snowmobile
14 Registration and Safety Act or Section 5-16 of the Boat
15 Registration and Safety Act, relating to the offense of
16 operating a snowmobile or a watercraft while under the
17 influence of alcohol, other drug or drugs, intoxicating
18 compound or compounds, or combination thereof. These
19 reporting requirements also apply to individuals
20 adjudicated under the Juvenile Court Act of 1987 based on
21 any offense determined to have been committed in
22 furtherance of the criminal activities of an organized
23 gang, as provided in Section 5-710 of that Act, if those
24 activities and that involved the operation or use of a
25 motor vehicle or the use of a driver's license or permit.
26 The reporting requirements of this subsection shall also

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1 apply to a truant minor in need of supervision, an addicted
2 minor, or a delinquent minor and whose driver's license and
3 privilege to drive a motor vehicle has been ordered
4 suspended for such times as determined by the court, but
5 only until he or she attains 18 years of age. It shall be
6 the duty of the clerk of the court in which adjudication is
7 had within 5 days thereafter to forward to the Secretary of
8 State a report of the adjudication and the court order
9 requiring the Secretary of State to suspend the minor's
10 driver's license and driving privilege for such time as
11 determined by the court, but only until he or she attains
12 the age of 18 years. All juvenile court dispositions
13 reported to the Secretary of State under this provision
14 shall be processed by the Secretary of State as if the
15 cases had been adjudicated in traffic or criminal court.
16 However, information reported relative to the offense of
17 reckless homicide, or Section 11-501 of this Code, or a
18 similar provision of a local ordinance, shall be privileged
19 and available only to the Secretary of State, courts, and
20 police officers.
21 The reporting requirements of this subsection (a)
22 apply to all violations listed in paragraphs (1) and (2) of
23 this subsection (a), excluding parking violations, when
24 the driver holds a CLP or CDL, regardless of the type of
25 vehicle in which the violation occurred, or when any driver
26 committed the violation in a commercial motor vehicle as

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1 defined in Section 6-500 of this Code.
2 (3) Whenever an order is entered vacating the
3 forfeiture of any bail, security or bond given to secure
4 appearance for any offense under this Code or similar
5 offenses under municipal ordinance, it shall be the duty of
6 the clerk of the court in which such vacation was had or
7 the judge of such court if such court has no clerk, within
8 5 days thereafter to forward to the Secretary of State a
9 report of the vacation.
10 (4) A report of any disposition of court supervision
11 for a violation of Sections 6-303, 11-401, 11-501 or a
12 similar provision of a local ordinance, 11-503, 11-504, and
13 11-506 of this Code, Section 5-7 of the Snowmobile
14 Registration and Safety Act, and Section 5-16 of the Boat
15 Registration and Safety Act shall be forwarded to the
16 Secretary of State. A report of any disposition of court
17 supervision for a violation of an offense defined as a
18 serious traffic violation in this Code or a similar
19 provision of a local ordinance committed by a person under
20 the age of 21 years shall be forwarded to the Secretary of
21 State.
22 (5) Reports of conviction under this Code and
23 sentencing hearings under the Juvenile Court Act of 1987 in
24 an electronic format or a computer processible medium shall
25 be forwarded to the Secretary of State via the Supreme
26 Court in the form and format required by the Illinois

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1 Supreme Court and established by a written agreement
2 between the Supreme Court and the Secretary of State. In
3 counties with a population over 300,000, instead of
4 forwarding reports to the Supreme Court, reports of
5 conviction under this Code and sentencing hearings under
6 the Juvenile Court Act of 1987 in an electronic format or a
7 computer processible medium may be forwarded to the
8 Secretary of State by the Circuit Court Clerk in a form and
9 format required by the Secretary of State and established
10 by written agreement between the Circuit Court Clerk and
11 the Secretary of State. Failure to forward the reports of
12 conviction or sentencing hearing under the Juvenile Court
13 Act of 1987 as required by this Section shall be deemed an
14 omission of duty and it shall be the duty of the several
15 State's Attorneys to enforce the requirements of this
16 Section.
17 (b) Whenever a restricted driving permit is forwarded to a
18court, as a result of confiscation by a police officer pursuant
19to the authority in Section 6-113(f), it shall be the duty of
20the clerk, or judge, if the court has no clerk, to forward such
21restricted driving permit and a facsimile of the officer's
22citation to the Secretary of State as expeditiously as
23practicable.
24 (c) For the purposes of this Code, a forfeiture of bail or
25collateral deposited to secure a defendant's appearance in
26court when forfeiture has not been vacated, or the failure of a

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1defendant to appear for trial after depositing his driver's
2license in lieu of other bail, shall be equivalent to a
3conviction.
4 (d) For the purpose of providing the Secretary of State
5with records necessary to properly monitor and assess driver
6performance and assist the courts in the proper disposition of
7repeat traffic law offenders, the clerk of the court shall
8forward to the Secretary of State, on a form prescribed by the
9Secretary, records of a driver's participation in a driver
10remedial or rehabilitative program which was required, through
11a court order or court supervision, in relation to the driver's
12arrest for a violation of Section 11-501 of this Code or a
13similar provision of a local ordinance. The clerk of the court
14shall also forward to the Secretary, either on paper or in an
15electronic format or a computer processible medium as required
16under paragraph (5) of subsection (a) of this Section, any
17disposition of court supervision for any traffic violation,
18excluding those offenses listed in paragraph (2) of subsection
19(a) of this Section. These reports shall be sent within 5 days
20after disposition, or, if the driver is referred to a driver
21remedial or rehabilitative program, within 5 days of the
22driver's referral to that program. These reports received by
23the Secretary of State, including those required to be
24forwarded under paragraph (a)(4), shall be privileged
25information, available only (i) to the affected driver, (ii) to
26the parent or guardian of a person under the age of 18 years

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1holding an instruction permit or a graduated driver's license,
2and (iii) for use by the courts, police officers, prosecuting
3authorities, the Secretary of State, and the driver licensing
4administrator of any other state. In accordance with 49 C.F.R.
5Part 384, all reports of court supervision, except violations
6related to parking, shall be forwarded to the Secretary of
7State for all holders of a CLP or CDL or any driver who commits
8an offense while driving a commercial motor vehicle. These
9reports shall be recorded to the driver's record as a
10conviction for use in the disqualification of the driver's
11commercial motor vehicle privileges and shall not be privileged
12information.
13(Source: P.A. 100-74, eff. 8-11-17.)
14 (625 ILCS 5/6-205)
15 Sec. 6-205. Mandatory revocation of license or permit;
16hardship cases.
17 (a) Except as provided in this Section, the Secretary of
18State shall immediately revoke the license, permit, or driving
19privileges of any driver upon receiving a report of the
20driver's conviction of any of the following offenses:
21 1. Reckless homicide resulting from the operation of a
22 motor vehicle;
23 2. Violation of Section 11-501 of this Code or a
24 similar provision of a local ordinance relating to the
25 offense of operating or being in physical control of a

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1 vehicle while under the influence of alcohol, other drug or
2 drugs, intoxicating compound or compounds, or any
3 combination thereof;
4 3. Any felony under the laws of any State or the
5 federal government in the commission of which a motor
6 vehicle was used;
7 4. Violation of Section 11-401 of this Code relating to
8 the offense of leaving the scene of a traffic accident
9 involving death or personal injury;
10 5. Perjury or the making of a false affidavit or
11 statement under oath to the Secretary of State under this
12 Code or under any other law relating to the ownership or
13 operation of motor vehicles;
14 6. Conviction upon 3 charges of violation of Section
15 11-503 of this Code relating to the offense of reckless
16 driving committed within a period of 12 months;
17 7. Conviction of any offense defined in Section 4-102
18 of this Code if the person exercised actual physical
19 control over the vehicle during the commission of the
20 offense;
21 8. Violation of Section 11-504 of this Code relating to
22 the offense of drag racing;
23 9. Violation of Chapters 8 and 9 of this Code;
24 10. Violation of Section 12-5 of the Criminal Code of
25 1961 or the Criminal Code of 2012 arising from the use of a
26 motor vehicle;

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1 11. Violation of Section 11-204.1 of this Code relating
2 to aggravated fleeing or attempting to elude a peace
3 officer;
4 12. Violation of paragraph (1) of subsection (b) of
5 Section 6-507, or a similar law of any other state,
6 relating to the unlawful operation of a commercial motor
7 vehicle;
8 13. Violation of paragraph (a) of Section 11-502 of
9 this Code or a similar provision of a local ordinance if
10 the driver has been previously convicted of a violation of
11 that Section or a similar provision of a local ordinance
12 and the driver was less than 21 years of age at the time of
13 the offense;
14 14. Violation of paragraph (a) of Section 11-506 of
15 this Code or a similar provision of a local ordinance
16 relating to the offense of street racing;
17 15. A second or subsequent conviction of driving while
18 the person's driver's license, permit or privileges was
19 revoked for reckless homicide or a similar out-of-state
20 offense;
21 16. Any offense against any provision in this Code, or
22 any local ordinance, regulating the movement of traffic
23 when that offense was the proximate cause of the death of
24 any person. Any person whose driving privileges have been
25 revoked pursuant to this paragraph may seek to have the
26 revocation terminated or to have the length of revocation

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1 reduced by requesting an administrative hearing with the
2 Secretary of State prior to the projected driver's license
3 application eligibility date;
4 17. Violation of subsection (a-2) of Section 11-1301.3
5 of this Code or a similar provision of a local ordinance;
6 18. A second or subsequent conviction of illegal
7 possession, while operating or in actual physical control,
8 as a driver, of a motor vehicle, of any controlled
9 substance prohibited under the Illinois Controlled
10 Substances Act, any cannabis prohibited under the Cannabis
11 Control Act, or any methamphetamine prohibited under the
12 Methamphetamine Control and Community Protection Act. A
13 defendant found guilty of this offense while operating a
14 motor vehicle shall have an entry made in the court record
15 by the presiding judge that this offense did occur while
16 the defendant was operating a motor vehicle and order the
17 clerk of the court to report the violation to the Secretary
18 of State;
19 19. Violation of subsection (a) of Section 11-1414 of
20 this Code, or a similar provision of a local ordinance,
21 relating to the offense of overtaking or passing of a
22 school bus when the driver, in committing the violation, is
23 involved in a motor vehicle accident that results in death
24 to another and the violation is a proximate cause of the
25 death.
26 (b) The Secretary of State shall also immediately revoke

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1the license or permit of any driver in the following
2situations:
3 1. Of any minor upon receiving the notice provided for
4 in Section 5-901 of the Juvenile Court Act of 1987 that the
5 minor has been adjudicated under that Act as having
6 committed an offense relating to motor vehicles prescribed
7 in Section 4-103 of this Code;
8 2. Of any person when any other law of this State
9 requires either the revocation or suspension of a license
10 or permit;
11 3. Of any person adjudicated under the Juvenile Court
12 Act of 1987 based on an offense determined to have been
13 committed in furtherance of the criminal activities of an
14 organized gang as provided in Section 5-710 of that Act,
15 and that involved the operation or use of a motor vehicle
16 or the use of a driver's license or permit. The revocation
17 shall remain in effect for the period determined by the
18 court.
19 (c)(1) Whenever a person is convicted of any of the
20offenses enumerated in this Section, the court may recommend
21and the Secretary of State in his discretion, without regard to
22whether the recommendation is made by the court may, upon
23application, issue to the person a restricted driving permit
24granting the privilege of driving a motor vehicle between the
25petitioner's residence and petitioner's place of employment or
26within the scope of the petitioner's employment related duties,

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1or to allow the petitioner to transport himself or herself or a
2family member of the petitioner's household to a medical
3facility for the receipt of necessary medical care or to allow
4the petitioner to transport himself or herself to and from
5alcohol or drug remedial or rehabilitative activity
6recommended by a licensed service provider, or to allow the
7petitioner to transport himself or herself or a family member
8of the petitioner's household to classes, as a student, at an
9accredited educational institution, or to allow the petitioner
10to transport children, elderly persons, or persons with
11disabilities who do not hold driving privileges and are living
12in the petitioner's household to and from daycare; if the
13petitioner is able to demonstrate that no alternative means of
14transportation is reasonably available and that the petitioner
15will not endanger the public safety or welfare; provided that
16the Secretary's discretion shall be limited to cases where
17undue hardship, as defined by the rules of the Secretary of
18State, would result from a failure to issue the restricted
19driving permit.
20 (1.5) A person subject to the provisions of paragraph 4 of
21subsection (b) of Section 6-208 of this Code may make
22application for a restricted driving permit at a hearing
23conducted under Section 2-118 of this Code after the expiration
24of 5 years from the effective date of the most recent
25revocation, or after 5 years from the date of release from a
26period of imprisonment resulting from a conviction of the most

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1recent offense, whichever is later, provided the person, in
2addition to all other requirements of the Secretary, shows by
3clear and convincing evidence:
4 (A) a minimum of 3 years of uninterrupted abstinence
5 from alcohol and the unlawful use or consumption of
6 cannabis under the Cannabis Control Act, a controlled
7 substance under the Illinois Controlled Substances Act, an
8 intoxicating compound under the Use of Intoxicating
9 Compounds Act, or methamphetamine under the
10 Methamphetamine Control and Community Protection Act; and
11 (B) the successful completion of any rehabilitative
12 treatment and involvement in any ongoing rehabilitative
13 activity that may be recommended by a properly licensed
14 service provider according to an assessment of the person's
15 alcohol or drug use under Section 11-501.01 of this Code.
16 In determining whether an applicant is eligible for a
17restricted driving permit under this paragraph (1.5), the
18Secretary may consider any relevant evidence, including, but
19not limited to, testimony, affidavits, records, and the results
20of regular alcohol or drug tests. Persons subject to the
21provisions of paragraph 4 of subsection (b) of Section 6-208 of
22this Code and who have been convicted of more than one
23violation of paragraph (3), paragraph (4), or paragraph (5) of
24subsection (a) of Section 11-501 of this Code shall not be
25eligible to apply for a restricted driving permit.
26 A restricted driving permit issued under this paragraph

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1(1.5) shall provide that the holder may only operate motor
2vehicles equipped with an ignition interlock device as required
3under paragraph (2) of subsection (c) of this Section and
4subparagraph (A) of paragraph 3 of subsection (c) of Section
56-206 of this Code. The Secretary may revoke a restricted
6driving permit or amend the conditions of a restricted driving
7permit issued under this paragraph (1.5) if the holder operates
8a vehicle that is not equipped with an ignition interlock
9device, or for any other reason authorized under this Code.
10 A restricted driving permit issued under this paragraph
11(1.5) shall be revoked, and the holder barred from applying for
12or being issued a restricted driving permit in the future, if
13the holder is subsequently convicted of a violation of Section
1411-501 of this Code, a similar provision of a local ordinance,
15or a similar offense in another state.
16 (2) If a person's license or permit is revoked or suspended
17due to 2 or more convictions of violating Section 11-501 of
18this Code or a similar provision of a local ordinance or a
19similar out-of-state offense, or Section 9-3 of the Criminal
20Code of 1961 or the Criminal Code of 2012, where the use of
21alcohol or other drugs is recited as an element of the offense,
22or a similar out-of-state offense, or a combination of these
23offenses, arising out of separate occurrences, that person, if
24issued a restricted driving permit, may not operate a vehicle
25unless it has been equipped with an ignition interlock device
26as defined in Section 1-129.1.

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

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1DUI Administration Fund an amount not to exceed $30 per month.
2The Secretary shall establish by rule the amount and the
3procedures, terms, and conditions relating to these fees.
4 (5) If the restricted driving permit is issued for
5employment purposes, then the prohibition against operating a
6motor vehicle that is not equipped with an ignition interlock
7device does not apply to the operation of an occupational
8vehicle owned or leased by that person's employer when used
9solely for employment purposes. For any person who, within a
105-year period, is convicted of a second or subsequent offense
11under Section 11-501 of this Code, or a similar provision of a
12local ordinance or similar out-of-state offense, this
13employment exemption does not apply until either a one-year
14period has elapsed during which that person had his or her
15driving privileges revoked or a one-year period has elapsed
16during which that person had a restricted driving permit which
17required the use of an ignition interlock device on every motor
18vehicle owned or operated by that person.
19 (6) In each case the Secretary of State may issue a
20restricted driving permit for a period he deems appropriate,
21except that the permit shall expire no later than 2 years from
22the date of issuance. A restricted driving permit issued under
23this Section shall be subject to cancellation, revocation, and
24suspension by the Secretary of State in like manner and for
25like cause as a driver's license issued under this Code may be
26cancelled, revoked, or suspended; except that a conviction upon

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

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

HB2190- 31 -LRB101 08215 TAE 53281 b
1 suspended due to 2 or more convictions of violating Section
2 11-501 of this Code or a similar provision of a local
3 ordinance or a similar out-of-state offense, or Section 9-3
4 of the Criminal Code of 1961 or the Criminal Code of 2012,
5 where the use of alcohol or other drugs is recited as an
6 element of the offense, or a similar out-of-state offense,
7 or a combination of these offenses, arising out of separate
8 occurrences, that person, if issued a restricted driving
9 permit, may not operate a vehicle unless it has been
10 equipped with an ignition interlock device as defined in
11 Section 1-129.1.
12 (3) If a person's license or permit is revoked or
13 suspended 2 or more times due to any combination of:
14 (A) a single conviction of violating Section
15 11-501 of this Code or a similar provision of a local
16 ordinance or a similar out-of-state offense, or
17 Section 9-3 of the Criminal Code of 1961 or the
18 Criminal Code of 2012, where the use of alcohol or
19 other drugs is recited as an element of the offense, or
20 a similar out-of-state offense; or
21 (B) a statutory summary suspension or revocation
22 under Section 11-501.1; or
23 (C) a suspension pursuant to Section 6-203.1;
24 arising out of separate occurrences, that person, if issued
25 a restricted driving permit, may not operate a vehicle
26 unless it has been equipped with an ignition interlock

HB2190- 32 -LRB101 08215 TAE 53281 b
1 device as defined in Section 1-129.1.
2 (3.5) If a person's license or permit is revoked or
3 suspended due to a conviction for a violation of
4 subparagraph (C) or (F) of paragraph (1) of subsection (d)
5 of Section 11-501 of this Code, or a similar provision of a
6 local ordinance or similar out-of-state offense, that
7 person, if issued a restricted driving permit, may not
8 operate a vehicle unless it has been equipped with an
9 ignition interlock device as defined in Section 1-129.1.
10 (4) The person issued a permit conditioned upon the use
11 of an interlock device must pay to the Secretary of State
12 DUI Administration Fund an amount not to exceed $30 per
13 month. The Secretary shall establish by rule the amount and
14 the procedures, terms, and conditions relating to these
15 fees.
16 (5) If the restricted driving permit is issued for
17 employment purposes, then the prohibition against driving
18 a vehicle that is not equipped with an ignition interlock
19 device does not apply to the operation of an occupational
20 vehicle owned or leased by that person's employer when used
21 solely for employment purposes. For any person who, within
22 a 5-year period, is convicted of a second or subsequent
23 offense under Section 11-501 of this Code, or a similar
24 provision of a local ordinance or similar out-of-state
25 offense, this employment exemption does not apply until
26 either a one-year period has elapsed during which that

HB2190- 33 -LRB101 08215 TAE 53281 b
1 person had his or her driving privileges revoked or a
2 one-year period has elapsed during which that person had a
3 restricted driving permit which required the use of an
4 ignition interlock device on every motor vehicle owned or
5 operated by that person.
6 (6) A restricted driving permit issued under this
7 Section shall be subject to cancellation, revocation, and
8 suspension by the Secretary of State in like manner and for
9 like cause as a driver's license issued under this Code may
10 be cancelled, revoked, or suspended; except that a
11 conviction upon one or more offenses against laws or
12 ordinances regulating the movement of traffic shall be
13 deemed sufficient cause for the revocation, suspension, or
14 cancellation of a restricted driving permit.
15 (d-5) The revocation of the license, permit, or driving
16privileges of a person convicted of a third or subsequent
17violation of Section 6-303 of this Code committed while his or
18her driver's license, permit, or privilege was revoked because
19of a violation of Section 9-3 of the Criminal Code of 1961 or
20the Criminal Code of 2012, relating to the offense of reckless
21homicide, or a similar provision of a law of another state, is
22permanent. The Secretary may not, at any time, issue a license
23or permit to that person.
24 (e) This Section is subject to the provisions of the Driver
25License Compact.
26 (f) Any revocation imposed upon any person under

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1subsections 2 and 3 of paragraph (b) that is in effect on
2December 31, 1988 shall be converted to a suspension for a like
3period of time.
4 (g) The Secretary of State shall not issue a restricted
5driving permit to a person under the age of 16 years whose
6driving privileges have been revoked under any provisions of
7this Code.
8 (h) The Secretary of State shall require the use of
9ignition interlock devices for a period not less than 5 years
10on all vehicles owned by a person who has been convicted of a
11second or subsequent offense under Section 11-501 of this Code
12or a similar provision of a local ordinance. The person must
13pay to the Secretary of State DUI Administration Fund an amount
14not to exceed $30 for each month that he or she uses the
15device. The Secretary shall establish by rule and regulation
16the procedures for certification and use of the interlock
17system, the amount of the fee, and the procedures, terms, and
18conditions relating to these fees. During the time period in
19which a person is required to install an ignition interlock
20device under this subsection (h), that person shall only
21operate vehicles in which ignition interlock devices have been
22installed, except as allowed by subdivision (c)(5) or (d)(5) of
23this Section.
24 (i) (Blank).
25 (j) In accordance with 49 C.F.R. 384, the Secretary of
26State may not issue a restricted driving permit for the

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1operation of a commercial motor vehicle to a person holding a
2CDL whose driving privileges have been revoked, suspended,
3cancelled, or disqualified under any provisions of this Code.
4 (k) The Secretary of State shall notify by mail any person
5whose driving privileges have been revoked under paragraph 16
6of subsection (a) of this Section that his or her driving
7privileges and driver's license will be revoked 90 days from
8the date of the mailing of the notice.
9(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
1099-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
1199-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16;
12100-223, eff. 8-18-17; 100-803, eff. 1-1-19.)
13 (625 ILCS 5/6-206)
14 Sec. 6-206. Discretionary authority to suspend or revoke
15license or permit; right to a hearing.
16 (a) The Secretary of State is authorized to suspend or
17revoke the driving privileges of any person without preliminary
18hearing upon a showing of the person's records or other
19sufficient evidence that the person:
20 1. Has committed an offense for which mandatory
21 revocation of a driver's license or permit is required upon
22 conviction;
23 2. Has been convicted of not less than 3 offenses
24 against traffic regulations governing the movement of
25 vehicles committed within any 12 month period. No

HB2190- 36 -LRB101 08215 TAE 53281 b
1 revocation or suspension shall be entered more than 6
2 months after the date of last conviction;
3 3. Has been repeatedly involved as a driver in motor
4 vehicle collisions or has been repeatedly convicted of
5 offenses against laws and ordinances regulating the
6 movement of traffic, to a degree that indicates lack of
7 ability to exercise ordinary and reasonable care in the
8 safe operation of a motor vehicle or disrespect for the
9 traffic laws and the safety of other persons upon the
10 highway;
11 4. Has by the unlawful operation of a motor vehicle
12 caused or contributed to an accident resulting in injury
13 requiring immediate professional treatment in a medical
14 facility or doctor's office to any person, except that any
15 suspension or revocation imposed by the Secretary of State
16 under the provisions of this subsection shall start no
17 later than 6 months after being convicted of violating a
18 law or ordinance regulating the movement of traffic, which
19 violation is related to the accident, or shall start not
20 more than one year after the date of the accident,
21 whichever date occurs later;
22 5. Has permitted an unlawful or fraudulent use of a
23 driver's license, identification card, or permit;
24 6. Has been lawfully convicted of an offense or
25 offenses in another state, including the authorization
26 contained in Section 6-203.1, which if committed within

HB2190- 37 -LRB101 08215 TAE 53281 b
1 this State would be grounds for suspension or revocation;
2 7. Has refused or failed to submit to an examination
3 provided for by Section 6-207 or has failed to pass the
4 examination;
5 8. Is ineligible for a driver's license or permit under
6 the provisions of Section 6-103;
7 9. Has made a false statement or knowingly concealed a
8 material fact or has used false information or
9 identification in any application for a license,
10 identification card, or permit;
11 10. Has possessed, displayed, or attempted to
12 fraudulently use any license, identification card, or
13 permit not issued to the person;
14 11. Has operated a motor vehicle upon a highway of this
15 State when the person's driving privilege or privilege to
16 obtain a driver's license or permit was revoked or
17 suspended unless the operation was authorized by a
18 monitoring device driving permit, judicial driving permit
19 issued prior to January 1, 2009, probationary license to
20 drive, or a restricted driving permit issued under this
21 Code;
22 12. Has submitted to any portion of the application
23 process for another person or has obtained the services of
24 another person to submit to any portion of the application
25 process for the purpose of obtaining a license,
26 identification card, or permit for some other person;

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1 13. Has operated a motor vehicle upon a highway of this
2 State when the person's driver's license or permit was
3 invalid under the provisions of Sections 6-107.1 and 6-110;
4 14. Has committed a violation of Section 6-301,
5 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
6 14B of the Illinois Identification Card Act;
7 15. Has been convicted of violating Section 21-2 of the
8 Criminal Code of 1961 or the Criminal Code of 2012 relating
9 to criminal trespass to vehicles if the person exercised
10 actual physical control over the vehicle during the
11 commission of the offense, in which case, the suspension
12 shall be for one year;
13 16. Has been convicted of violating Section 11-204 of
14 this Code relating to fleeing from a peace officer;
15 17. Has refused to submit to a test, or tests, as
16 required under Section 11-501.1 of this Code and the person
17 has not sought a hearing as provided for in Section
18 11-501.1;
19 18. (Blank); Has, since issuance of a driver's license
20 or permit, been adjudged to be afflicted with or suffering
21 from any mental disability or disease;
22 19. Has committed a violation of paragraph (a) or (b)
23 of Section 6-101 relating to driving without a driver's
24 license;
25 20. Has been convicted of violating Section 6-104
26 relating to classification of driver's license;

HB2190- 39 -LRB101 08215 TAE 53281 b
1 21. Has been convicted of violating Section 11-402 of
2 this Code relating to leaving the scene of an accident
3 resulting in damage to a vehicle in excess of $1,000, in
4 which case the suspension shall be for one year;
5 22. Has used a motor vehicle in violating paragraph
6 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
7 the Criminal Code of 1961 or the Criminal Code of 2012
8 relating to unlawful use of weapons, in which case the
9 suspension shall be for one year;
10 23. Has, as a driver, been convicted of committing a
11 violation of paragraph (a) of Section 11-502 of this Code
12 for a second or subsequent time within one year of a
13 similar violation;
14 24. Has been convicted by a court-martial or punished
15 by non-judicial punishment by military authorities of the
16 United States at a military installation in Illinois or in
17 another state of or for a traffic related offense that is
18 the same as or similar to an offense specified under
19 Section 6-205 or 6-206 of this Code;
20 25. Has permitted any form of identification to be used
21 by another in the application process in order to obtain or
22 attempt to obtain a license, identification card, or
23 permit;
24 26. Has altered or attempted to alter a license or has
25 possessed an altered license, identification card, or
26 permit;

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1 27. (Blank); Has violated Section 6-16 of the Liquor
2 Control Act of 1934;
3 28. Has been convicted for a first time of the illegal
4 possession, while operating or in actual physical control,
5 as a driver, of a motor vehicle, of any controlled
6 substance prohibited under the Illinois Controlled
7 Substances Act, any cannabis prohibited under the Cannabis
8 Control Act, or any methamphetamine prohibited under the
9 Methamphetamine Control and Community Protection Act, in
10 which case the person's driving privileges shall be
11 suspended for one year. Any defendant found guilty of this
12 offense while operating a motor vehicle, shall have an
13 entry made in the court record by the presiding judge that
14 this offense did occur while the defendant was operating a
15 motor vehicle and order the clerk of the court to report
16 the violation to the Secretary of State;
17 29. Has been convicted of the following offenses that
18 were committed while the person was operating or in actual
19 physical control, as a driver, of a motor vehicle: criminal
20 sexual assault, predatory criminal sexual assault of a
21 child, aggravated criminal sexual assault, criminal sexual
22 abuse, aggravated criminal sexual abuse, juvenile pimping,
23 soliciting for a juvenile prostitute, promoting juvenile
24 prostitution as described in subdivision (a)(1), (a)(2),
25 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
26 or the Criminal Code of 2012, and the manufacture, sale or

HB2190- 41 -LRB101 08215 TAE 53281 b
1 delivery of controlled substances or instruments used for
2 illegal drug use or abuse in which case the driver's
3 driving privileges shall be suspended for one year;
4 30. Has been convicted a second or subsequent time for
5 any combination of the offenses named in paragraph 29 of
6 this subsection, in which case the person's driving
7 privileges shall be suspended for 5 years;
8 31. Has refused to submit to a test as required by
9 Section 11-501.6 of this Code or Section 5-16c of the Boat
10 Registration and Safety Act or has submitted to a test
11 resulting in an alcohol concentration of 0.08 or more or
12 any amount of a drug, substance, or compound resulting from
13 the unlawful use or consumption of cannabis as listed in
14 the Cannabis Control Act, a controlled substance as listed
15 in the Illinois Controlled Substances Act, an intoxicating
16 compound as listed in the Use of Intoxicating Compounds
17 Act, or methamphetamine as listed in the Methamphetamine
18 Control and Community Protection Act, in which case the
19 penalty shall be as prescribed in Section 6-208.1;
20 32. Has been convicted of Section 24-1.2 of the
21 Criminal Code of 1961 or the Criminal Code of 2012 relating
22 to the aggravated discharge of a firearm if the offender
23 was located in a motor vehicle at the time the firearm was
24 discharged, in which case the suspension shall be for 3
25 years;
26 33. Has as a driver, who was less than 21 years of age

HB2190- 42 -LRB101 08215 TAE 53281 b
1 on the date of the offense, been convicted a first time of
2 a violation of paragraph (a) of Section 11-502 of this Code
3 or a similar provision of a local ordinance;
4 34. Has committed a violation of Section 11-1301.5 of
5 this Code or a similar provision of a local ordinance;
6 35. Has committed a violation of Section 11-1301.6 of
7 this Code or a similar provision of a local ordinance;
8 36. Is under the age of 21 years at the time of arrest
9 and has been convicted of not less than 2 offenses against
10 traffic regulations governing the movement of vehicles
11 committed within any 24 month period. No revocation or
12 suspension shall be entered more than 6 months after the
13 date of last conviction;
14 37. Has committed a violation of subsection (c) of
15 Section 11-907 of this Code that resulted in damage to the
16 property of another or the death or injury of another;
17 38. Has been convicted of a violation of Section 6-20
18 of the Liquor Control Act of 1934 or a similar provision of
19 a local ordinance and the person was an occupant of a motor
20 vehicle at the time of the violation;
21 39. Has committed a second or subsequent violation of
22 Section 11-1201 of this Code;
23 40. Has committed a violation of subsection (a-1) of
24 Section 11-908 of this Code;
25 41. Has committed a second or subsequent violation of
26 Section 11-605.1 of this Code, a similar provision of a

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1 local ordinance, or a similar violation in any other state
2 within 2 years of the date of the previous violation, in
3 which case the suspension shall be for 90 days;
4 42. Has committed a violation of subsection (a-1) of
5 Section 11-1301.3 of this Code or a similar provision of a
6 local ordinance;
7 43. Has received a disposition of court supervision for
8 a violation of subsection (a), (d), or (e) of Section 6-20
9 of the Liquor Control Act of 1934 or a similar provision of
10 a local ordinance and the person was an occupant of a motor
11 vehicle at the time of the violation, in which case the
12 suspension shall be for a period of 3 months;
13 44. Is under the age of 21 years at the time of arrest
14 and has been convicted of an offense against traffic
15 regulations governing the movement of vehicles after
16 having previously had his or her driving privileges
17 suspended or revoked pursuant to subparagraph 36 of this
18 Section;
19 45. Has, in connection with or during the course of a
20 formal hearing conducted under Section 2-118 of this Code:
21 (i) committed perjury; (ii) submitted fraudulent or
22 falsified documents; (iii) submitted documents that have
23 been materially altered; or (iv) submitted, as his or her
24 own, documents that were in fact prepared or composed for
25 another person;
26 46. Has committed a violation of subsection (j) of

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1 Section 3-413 of this Code;
2 47. Has committed a violation of subsection (a) of
3 Section 11-502.1 of this Code; or
4 48. Has submitted a falsified or altered medical
5 examiner's certificate to the Secretary of State or
6 provided false information to obtain a medical examiner's
7 certificate.
8 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
9and 27 of this subsection, license means any driver's license,
10any traffic ticket issued when the person's driver's license is
11deposited in lieu of bail, a suspension notice issued by the
12Secretary of State, a duplicate or corrected driver's license,
13a probationary driver's license or a temporary driver's
14license.
15 (b) If any conviction forming the basis of a suspension or
16revocation authorized under this Section is appealed, the
17Secretary of State may rescind or withhold the entry of the
18order of suspension or revocation, as the case may be, provided
19that a certified copy of a stay order of a court is filed with
20the Secretary of State. If the conviction is affirmed on
21appeal, the date of the conviction shall relate back to the
22time the original judgment of conviction was entered and the 6
23month limitation prescribed shall not apply.
24 (c) 1. Upon suspending or revoking the driver's license or
25permit of any person as authorized in this Section, the
26Secretary of State shall immediately notify the person in

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1writing of the revocation or suspension. The notice to be
2deposited in the United States mail, postage prepaid, to the
3last known address of the person.
4 2. If the Secretary of State suspends the driver's license
5of a person under subsection 2 of paragraph (a) of this
6Section, a person's privilege to operate a vehicle as an
7occupation shall not be suspended, provided an affidavit is
8properly completed, the appropriate fee received, and a permit
9issued prior to the effective date of the suspension, unless 5
10offenses were committed, at least 2 of which occurred while
11operating a commercial vehicle in connection with the driver's
12regular occupation. All other driving privileges shall be
13suspended by the Secretary of State. Any driver prior to
14operating a vehicle for occupational purposes only must submit
15the affidavit on forms to be provided by the Secretary of State
16setting forth the facts of the person's occupation. The
17affidavit shall also state the number of offenses committed
18while operating a vehicle in connection with the driver's
19regular occupation. The affidavit shall be accompanied by the
20driver's license. Upon receipt of a properly completed
21affidavit, the Secretary of State shall issue the driver a
22permit to operate a vehicle in connection with the driver's
23regular occupation only. Unless the permit is issued by the
24Secretary of State prior to the date of suspension, the
25privilege to drive any motor vehicle shall be suspended as set
26forth in the notice that was mailed under this Section. If an

HB2190- 46 -LRB101 08215 TAE 53281 b
1affidavit is received subsequent to the effective date of this
2suspension, a permit may be issued for the remainder of the
3suspension period.
4 The provisions of this subparagraph shall not apply to any
5driver required to possess a CDL for the purpose of operating a
6commercial motor vehicle.
7 Any person who falsely states any fact in the affidavit
8required herein shall be guilty of perjury under Section 6-302
9and upon conviction thereof shall have all driving privileges
10revoked without further rights.
11 3. At the conclusion of a hearing under Section 2-118 of
12this Code, the Secretary of State shall either rescind or
13continue an order of revocation or shall substitute an order of
14suspension; or, good cause appearing therefor, rescind,
15continue, change, or extend the order of suspension. If the
16Secretary of State does not rescind the order, the Secretary
17may upon application, to relieve undue hardship (as defined by
18the rules of the Secretary of State), issue a restricted
19driving permit granting the privilege of driving a motor
20vehicle between the petitioner's residence and petitioner's
21place of employment or within the scope of the petitioner's
22employment related duties, or to allow the petitioner to
23transport himself or herself, or a family member of the
24petitioner's household to a medical facility, to receive
25necessary medical care, to allow the petitioner to transport
26himself or herself to and from alcohol or drug remedial or

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1rehabilitative activity recommended by a licensed service
2provider, or to allow the petitioner to transport himself or
3herself or a family member of the petitioner's household to
4classes, as a student, at an accredited educational
5institution, or to allow the petitioner to transport children,
6elderly persons, or persons with disabilities who do not hold
7driving privileges and are living in the petitioner's household
8to and from daycare. The petitioner must demonstrate that no
9alternative means of transportation is reasonably available
10and that the petitioner will not endanger the public safety or
11welfare.
12 (A) If a person's license or permit is revoked or
13 suspended due to 2 or more convictions of violating Section
14 11-501 of this Code or a similar provision of a local
15 ordinance or a similar out-of-state offense, or Section 9-3
16 of the Criminal Code of 1961 or the Criminal Code of 2012,
17 where the use of alcohol or other drugs is recited as an
18 element of the offense, or a similar out-of-state offense,
19 or a combination of these offenses, arising out of separate
20 occurrences, that person, if issued a restricted driving
21 permit, may not operate a vehicle unless it has been
22 equipped with an ignition interlock device as defined in
23 Section 1-129.1.
24 (B) If a person's license or permit is revoked or
25 suspended 2 or more times due to any combination of:
26 (i) a single conviction of violating Section

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1 11-501 of this Code or a similar provision of a local
2 ordinance or a similar out-of-state offense or Section
3 9-3 of the Criminal Code of 1961 or the Criminal Code
4 of 2012, where the use of alcohol or other drugs is
5 recited as an element of the offense, or a similar
6 out-of-state offense; or
7 (ii) a statutory summary suspension or revocation
8 under Section 11-501.1; or
9 (iii) a suspension under Section 6-203.1;
10 arising out of separate occurrences; that person, if issued
11 a restricted driving permit, may not operate a vehicle
12 unless it has been equipped with an ignition interlock
13 device as defined in Section 1-129.1.
14 (B-5) If a person's license or permit is revoked or
15 suspended due to a conviction for a violation of
16 subparagraph (C) or (F) of paragraph (1) of subsection (d)
17 of Section 11-501 of this Code, or a similar provision of a
18 local ordinance or similar out-of-state offense, that
19 person, if issued a restricted driving permit, may not
20 operate a vehicle unless it has been equipped with an
21 ignition interlock device as defined in Section 1-129.1.
22 (C) The person issued a permit conditioned upon the use
23 of an ignition interlock device must pay to the Secretary
24 of State DUI Administration Fund an amount not to exceed
25 $30 per month. The Secretary shall establish by rule the
26 amount and the procedures, terms, and conditions relating

HB2190- 49 -LRB101 08215 TAE 53281 b
1 to these fees.
2 (D) If the restricted driving permit is issued for
3 employment purposes, then the prohibition against
4 operating a motor vehicle that is not equipped with an
5 ignition interlock device does not apply to the operation
6 of an occupational vehicle owned or leased by that person's
7 employer when used solely for employment purposes. For any
8 person who, within a 5-year period, is convicted of a
9 second or subsequent offense under Section 11-501 of this
10 Code, or a similar provision of a local ordinance or
11 similar out-of-state offense, this employment exemption
12 does not apply until either a one-year period has elapsed
13 during which that person had his or her driving privileges
14 revoked or a one-year period has elapsed during which that
15 person had a restricted driving permit which required the
16 use of an ignition interlock device on every motor vehicle
17 owned or operated by that person.
18 (E) In each case the Secretary may issue a restricted
19 driving permit for a period deemed appropriate, except that
20 all permits shall expire no later than 2 years from the
21 date of issuance. A restricted driving permit issued under
22 this Section shall be subject to cancellation, revocation,
23 and suspension by the Secretary of State in like manner and
24 for like cause as a driver's license issued under this Code
25 may be cancelled, revoked, or suspended; except that a
26 conviction upon one or more offenses against laws or

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1 ordinances regulating the movement of traffic shall be
2 deemed sufficient cause for the revocation, suspension, or
3 cancellation of a restricted driving permit. The Secretary
4 of State may, as a condition to the issuance of a
5 restricted driving permit, require the applicant to
6 participate in a designated driver remedial or
7 rehabilitative program. The Secretary of State is
8 authorized to cancel a restricted driving permit if the
9 permit holder does not successfully complete the program.
10 (F) A person subject to the provisions of paragraph 4
11 of subsection (b) of Section 6-208 of this Code may make
12 application for a restricted driving permit at a hearing
13 conducted under Section 2-118 of this Code after the
14 expiration of 5 years from the effective date of the most
15 recent revocation or after 5 years from the date of release
16 from a period of imprisonment resulting from a conviction
17 of the most recent offense, whichever is later, provided
18 the person, in addition to all other requirements of the
19 Secretary, shows by clear and convincing evidence:
20 (i) a minimum of 3 years of uninterrupted
21 abstinence from alcohol and the unlawful use or
22 consumption of cannabis under the Cannabis Control
23 Act, a controlled substance under the Illinois
24 Controlled Substances Act, an intoxicating compound
25 under the Use of Intoxicating Compounds Act, or
26 methamphetamine under the Methamphetamine Control and

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1 Community Protection Act; and
2 (ii) the successful completion of any
3 rehabilitative treatment and involvement in any
4 ongoing rehabilitative activity that may be
5 recommended by a properly licensed service provider
6 according to an assessment of the person's alcohol or
7 drug use under Section 11-501.01 of this Code.
8 In determining whether an applicant is eligible for a
9 restricted driving permit under this subparagraph (F), the
10 Secretary may consider any relevant evidence, including,
11 but not limited to, testimony, affidavits, records, and the
12 results of regular alcohol or drug tests. Persons subject
13 to the provisions of paragraph 4 of subsection (b) of
14 Section 6-208 of this Code and who have been convicted of
15 more than one violation of paragraph (3), paragraph (4), or
16 paragraph (5) of subsection (a) of Section 11-501 of this
17 Code shall not be eligible to apply for a restricted
18 driving permit under this subparagraph (F).
19 A restricted driving permit issued under this
20 subparagraph (F) shall provide that the holder may only
21 operate motor vehicles equipped with an ignition interlock
22 device as required under paragraph (2) of subsection (c) of
23 Section 6-205 of this Code and subparagraph (A) of
24 paragraph 3 of subsection (c) of this Section. The
25 Secretary may revoke a restricted driving permit or amend
26 the conditions of a restricted driving permit issued under

HB2190- 52 -LRB101 08215 TAE 53281 b
1 this subparagraph (F) if the holder operates a vehicle that
2 is not equipped with an ignition interlock device, or for
3 any other reason authorized under this Code.
4 A restricted driving permit issued under this
5 subparagraph (F) shall be revoked, and the holder barred
6 from applying for or being issued a restricted driving
7 permit in the future, if the holder is convicted of a
8 violation of Section 11-501 of this Code, a similar
9 provision of a local ordinance, or a similar offense in
10 another state.
11 (c-3) In the case of a suspension under paragraph 43 of
12subsection (a), reports received by the Secretary of State
13under this Section shall, except during the actual time the
14suspension is in effect, be privileged information and for use
15only by the courts, police officers, prosecuting authorities,
16the driver licensing administrator of any other state, the
17Secretary of State, or the parent or legal guardian of a driver
18under the age of 18. However, beginning January 1, 2008, if the
19person is a CDL holder, the suspension shall also be made
20available to the driver licensing administrator of any other
21state, the U.S. Department of Transportation, and the affected
22driver or motor carrier or prospective motor carrier upon
23request.
24 (c-4) In the case of a suspension under paragraph 43 of
25subsection (a), the Secretary of State shall notify the person
26by mail that his or her driving privileges and driver's license

HB2190- 53 -LRB101 08215 TAE 53281 b
1will be suspended one month after the date of the mailing of
2the notice.
3 (c-5) The Secretary of State may, as a condition of the
4reissuance of a driver's license or permit to an applicant
5whose driver's license or permit has been suspended before he
6or she reached the age of 21 years pursuant to any of the
7provisions of this Section, require the applicant to
8participate in a driver remedial education course and be
9retested under Section 6-109 of this Code.
10 (d) This Section is subject to the provisions of the
11Drivers License Compact.
12 (e) The Secretary of State shall not issue a restricted
13driving permit to a person under the age of 16 years whose
14driving privileges have been suspended or revoked under any
15provisions of this Code.
16 (f) In accordance with 49 C.F.R. 384, the Secretary of
17State may not issue a restricted driving permit for the
18operation of a commercial motor vehicle to a person holding a
19CDL whose driving privileges have been suspended, revoked,
20cancelled, or disqualified under any provisions of this Code.
21(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
2299-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16;
2399-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
24 (625 ILCS 5/6-209.1 new)
25 Sec. 6-209.1. Restoration of driving privileges;

HB2190- 54 -LRB101 08215 TAE 53281 b
1revocation; suspension; cancellation. The Secretary shall
2rescind the suspension or cancellation of a person's driver's
3license that has been suspended or canceled before the
4effective date of this amendatory Act of the 101st General
5Assembly due to:
6 (1) the person being convicted of theft of motor fuel under
7Sections 16-25 or 16K-15 of the Criminal Code of 1961 or the
8Criminal Code of 2012;
9 (2) the person, since the issuance of the driver's license,
10being adjudged to be afflicted with or suffering from any
11mental disability or disease;
12 (3) a violation of Section 6-16 of the Liquor Control Act
13of 1934 or a similar provision of a local ordinance;
14 (4) the person being convicted of a violation of Section
156-20 of the Liquor Control Act of 1934 or a similar provision
16of a local ordinance, if the person presents a certified copy
17of a court order that includes a finding that the person was
18not an occupant of a motor vehicle at the time of the
19violation;
20 (5) the person receiving a disposition of court supervision
21for a violation of subsections (a), (d), or (e) of Section 6-20
22of the Liquor Control Act of 1934 or a similar provision of a
23local ordinance, if the person presents a certified copy of a
24court order that includes a finding that the person was not an
25occupant of a motor vehicle at the time of the violation;
26 (6) the person failing to pay any fine or penalty due or

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1owing as a result of 10 or more violations of a municipality's
2or county's vehicular standing, parking, or compliance
3regulations established by ordinance under Section 11-208.3 of
4this Code;
5 (7) the person failing to satisfy any fine or penalty
6resulting from a final order issued by the Authority relating
7directly or indirectly to 5 or more toll violations, toll
8evasions, or both;
9 (8) the person being convicted of a violation of Section
104-102 of this Code, if the person presents a certified copy of
11a court order that includes a finding that the person did not
12exercise actual physical control of the vehicle at the time of
13the violation; or
14 (9) the person being convicted of criminal trespass to
15vehicles under Section 21-2 of the Criminal Code of 2012, if
16the person presents a certified copy of a court order that
17includes a finding that the person did not exercise actual
18physical control of the vehicle at the time of the violation.
19 (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
20 Sec. 6-306.5. Failure to pay fine or penalty for standing,
21parking, compliance, automated speed enforcement system, or
22automated traffic law violations; suspension of driving
23privileges.
24 (a) Upon receipt of a certified report, as prescribed by
25subsection (c) of this Section, from any municipality or county

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1stating that the owner of a registered vehicle: (1) has failed
2to pay any fine or penalty due and owing as a result of 10 or
3more violations of a municipality's or county's vehicular
4standing, parking, or compliance regulations established by
5ordinance pursuant to Section 11-208.3 of this Code, (2) has
6failed to pay any fine or penalty due and owing as a result of 5
7offenses for automated speed enforcement system violations or
8automated traffic violations as defined in Sections 11-208.6,
911-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
10(3) is more than 14 days in default of a payment plan pursuant
11to which a suspension had been terminated under subsection (c)
12of this Section, the Secretary of State shall suspend the
13driving privileges of such person in accordance with the
14procedures set forth in this Section. The Secretary shall also
15suspend the driving privileges of an owner of a registered
16vehicle upon receipt of a certified report, as prescribed by
17subsection (f) of this Section, from any municipality or county
18stating that such person has failed to satisfy any fines or
19penalties imposed by final judgments for 5 or more automated
20speed enforcement system or automated traffic law violations,
21or combination thereof, or 10 or more violations of local
22standing, parking, or compliance regulations after exhaustion
23of judicial review procedures.
24 (b) Following receipt of the certified report of the
25municipality or county as specified in this Section, the
26Secretary of State shall notify the person whose name appears

HB2190- 57 -LRB101 08215 TAE 53281 b
1on the certified report that the person's drivers license will
2be suspended at the end of a specified period of time unless
3the Secretary of State is presented with a notice from the
4municipality or county certifying that the fine or penalty due
5and owing the municipality or county has been paid or that
6inclusion of that person's name on the certified report was in
7error. The Secretary's notice shall state in substance the
8information contained in the municipality's or county's
9certified report to the Secretary, and shall be effective as
10specified by subsection (c) of Section 6-211 of this Code.
11 (c) The report of the appropriate municipal or county
12official notifying the Secretary of State of unpaid fines or
13penalties pursuant to this Section shall be certified and shall
14contain the following:
15 (1) The name, last known address as recorded with the
16 Secretary of State, as provided by the lessor of the cited
17 vehicle at the time of lease, or as recorded in a United
18 States Post Office approved database if any notice sent
19 under Section 11-208.3 of this Code is returned as
20 undeliverable, and drivers license number of the person who
21 failed to pay the fine or penalty or who has defaulted in a
22 payment plan and the registration number of any vehicle
23 known to be registered to such person in this State.
24 (2) The name of the municipality or county making the
25 report pursuant to this Section.
26 (3) A statement that the municipality or county sent a

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1 notice of impending drivers license suspension as
2 prescribed by ordinance enacted pursuant to Section
3 11-208.3 of this Code or a notice of default in a payment
4 plan, to the person named in the report at the address
5 recorded with the Secretary of State or at the last address
6 known to the lessor of the cited vehicle at the time of
7 lease or, if any notice sent under Section 11-208.3 of this
8 Code is returned as undeliverable, at the last known
9 address recorded in a United States Post Office approved
10 database; the date on which such notice was sent; and the
11 address to which such notice was sent. In a municipality or
12 county with a population of 1,000,000 or more, the report
13 shall also include a statement that the alleged violator's
14 State vehicle registration number and vehicle make, if
15 specified on the automated speed enforcement system
16 violation or automated traffic law violation notice, are
17 correct as they appear on the citations.
18 (4) A unique identifying reference number for each
19 request of suspension sent whenever a person has failed to
20 pay the fine or penalty or has defaulted on a payment plan.
21 (d) Any municipality or county making a certified report to
22the Secretary of State pursuant to this Section shall notify
23the Secretary of State, in a form prescribed by the Secretary,
24whenever a person named in the certified report has paid the
25previously reported fine or penalty, whenever a person named in
26the certified report has entered into a payment plan pursuant

HB2190- 59 -LRB101 08215 TAE 53281 b
1to which the municipality or county has agreed to terminate the
2suspension, or whenever the municipality or county determines
3that the original report was in error. A certified copy of such
4notification shall also be given upon request and at no
5additional charge to the person named therein. Upon receipt of
6the municipality's or county's notification or presentation of
7a certified copy of such notification, the Secretary of State
8shall terminate the suspension.
9 (e) Any municipality or county making a certified report to
10the Secretary of State pursuant to this Section shall also by
11ordinance establish procedures for persons to challenge the
12accuracy of the certified report. The ordinance shall also
13state the grounds for such a challenge, which may be limited to
14(1) the person not having been the owner or lessee of the
15vehicle or vehicles receiving 10 or more standing, parking, or
16compliance violation notices or a combination of 5 or more
17automated speed enforcement system or automated traffic law
18violations on the date or dates such notices were issued; and
19(2) the person having already paid the fine or penalty for the
2010 or more standing, parking, or compliance violations or
21combination of 5 or more automated speed enforcement system or
22automated traffic law violations indicated on the certified
23report.
24 (f) Any municipality or county, other than a municipality
25or county establishing vehicular standing, parking, and
26compliance regulations pursuant to Section 11-208.3, automated

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1speed enforcement system regulations under Section 11-208.8,
2or automated traffic law regulations under Section 11-208.6,
311-208.9, or 11-1201.1, may also cause a suspension of a
4person's drivers license pursuant to this Section. Such
5municipality or county may invoke this sanction by making a
6certified report to the Secretary of State upon a person's
7failure to satisfy any fine or penalty imposed by final
8judgment for 10 or more violations of local standing, parking,
9or compliance regulations or a combination of 5 or more
10automated speed enforcement system or automated traffic law
11violations after exhaustion of judicial review procedures, but
12only if:
13 (1) the municipality or county complies with the
14 provisions of this Section in all respects except in regard
15 to enacting an ordinance pursuant to Section 11-208.3;
16 (2) the municipality or county has sent a notice of
17 impending drivers license suspension as prescribed by an
18 ordinance enacted pursuant to subsection (g) of this
19 Section; and
20 (3) in municipalities or counties with a population of
21 1,000,000 or more, the municipality or county has verified
22 that the alleged violator's State vehicle registration
23 number and vehicle make are correct as they appear on the
24 citations.
25 (g) Any municipality or county, other than a municipality
26or county establishing standing, parking, and compliance

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1regulations pursuant to Section 11-208.3, automated speed
2enforcement system regulations under Section 11-208.8, or
3automated traffic law regulations under Section 11-208.6,
411-208.9, or 11-1201.1, may provide by ordinance for the
5sending of a notice of impending drivers license suspension to
6the person who has failed to satisfy any fine or penalty
7imposed by final judgment for 10 or more violations of local
8standing, parking, or compliance regulations or a combination
9of 5 or more automated speed enforcement system or automated
10traffic law violations after exhaustion of judicial review
11procedures. An ordinance so providing shall specify that the
12notice sent to the person liable for any fine or penalty shall
13state that failure to pay the fine or penalty owing within 45
14days of the notice's date will result in the municipality or
15county notifying the Secretary of State that the person's
16drivers license is eligible for suspension pursuant to this
17Section. The notice of impending drivers license suspension
18shall be sent by first class United States mail, postage
19prepaid, to the address recorded with the Secretary of State or
20at the last address known to the lessor of the cited vehicle at
21the time of lease or, if any notice sent under Section 11-208.3
22of this Code is returned as undeliverable, to the last known
23address recorded in a United States Post Office approved
24database.
25 (h) An administrative hearing to contest an impending
26suspension or a suspension made pursuant to this Section may be

HB2190- 62 -LRB101 08215 TAE 53281 b
1had upon filing a written request with the Secretary of State.
2The filing fee for this hearing shall be $20, to be paid at the
3time the request is made. A municipality or county which files
4a certified report with the Secretary of State pursuant to this
5Section shall reimburse the Secretary for all reasonable costs
6incurred by the Secretary as a result of the filing of the
7report, including but not limited to the costs of providing the
8notice required pursuant to subsection (b) and the costs
9incurred by the Secretary in any hearing conducted with respect
10to the report pursuant to this subsection and any appeal from
11such a hearing.
12 (i) The provisions of this Section shall apply on and after
13January 1, 1988.
14 (j) For purposes of this Section, the term "compliance
15violation" is defined as in Section 11-208.3.
16(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
1798-556, eff. 1-1-14.)
18 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
19 Sec. 11-208.3. Administrative adjudication of violations
20of traffic regulations concerning the standing, parking, or
21condition of vehicles, automated traffic law violations, and
22automated speed enforcement system violations.
23 (a) Any municipality or county may provide by ordinance for
24a system of administrative adjudication of vehicular standing
25and parking violations and vehicle compliance violations as

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1described in this subsection, automated traffic law violations
2as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
3automated speed enforcement system violations as defined in
4Section 11-208.8. The administrative system shall have as its
5purpose the fair and efficient enforcement of municipal or
6county regulations through the administrative adjudication of
7automated speed enforcement system or automated traffic law
8violations and violations of municipal or county ordinances
9regulating the standing and parking of vehicles, the condition
10and use of vehicle equipment, and the display of municipal or
11county wheel tax licenses within the municipality's or county's
12borders. The administrative system shall only have authority to
13adjudicate civil offenses carrying fines not in excess of $500
14or requiring the completion of a traffic education program, or
15both, that occur after the effective date of the ordinance
16adopting such a system under this Section. For purposes of this
17Section, "compliance violation" means a violation of a
18municipal or county regulation governing the condition or use
19of equipment on a vehicle or governing the display of a
20municipal or county wheel tax license.
21 (b) Any ordinance establishing a system of administrative
22adjudication under this Section shall provide for:
23 (1) A traffic compliance administrator authorized to
24 adopt, distribute and process parking, compliance, and
25 automated speed enforcement system or automated traffic
26 law violation notices and other notices required by this

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1 Section, collect money paid as fines and penalties for
2 violation of parking and compliance ordinances and
3 automated speed enforcement system or automated traffic
4 law violations, and operate an administrative adjudication
5 system. The traffic compliance administrator also may make
6 a certified report to the Secretary of State under Section
7 6-306.5.
8 (2) A parking, standing, compliance, automated speed
9 enforcement system, or automated traffic law violation
10 notice that shall specify the date, time, and place of
11 violation of a parking, standing, compliance, automated
12 speed enforcement system, or automated traffic law
13 regulation; the particular regulation violated; any
14 requirement to complete a traffic education program; the
15 fine and any penalty that may be assessed for late payment
16 or failure to complete a required traffic education
17 program, or both, when so provided by ordinance; the
18 vehicle make and state registration number; and the
19 identification number of the person issuing the notice.
20 With regard to automated speed enforcement system or
21 automated traffic law violations, vehicle make shall be
22 specified on the automated speed enforcement system or
23 automated traffic law violation notice if the make is
24 available and readily discernible. With regard to
25 municipalities or counties with a population of 1 million
26 or more, it shall be grounds for dismissal of a parking

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1 violation if the state registration number or vehicle make
2 specified is incorrect. The violation notice shall state
3 that the completion of any required traffic education
4 program, the payment of any indicated fine, and the payment
5 of any applicable penalty for late payment or failure to
6 complete a required traffic education program, or both,
7 shall operate as a final disposition of the violation. The
8 notice also shall contain information as to the
9 availability of a hearing in which the violation may be
10 contested on its merits. The violation notice shall specify
11 the time and manner in which a hearing may be had.
12 (3) Service of the parking, standing, or compliance
13 violation notice by affixing the original or a facsimile of
14 the notice to an unlawfully parked vehicle or by handing
15 the notice to the operator of a vehicle if he or she is
16 present and service of an automated speed enforcement
17 system or automated traffic law violation notice by mail to
18 the address of the registered owner or lessee of the cited
19 vehicle as recorded with the Secretary of State or the
20 lessor of the motor vehicle within 30 days after the
21 Secretary of State or the lessor of the motor vehicle
22 notifies the municipality or county of the identity of the
23 owner or lessee of the vehicle, but not later than 90 days
24 after the violation, except that in the case of a lessee of
25 a motor vehicle, service of an automated traffic law
26 violation notice may occur no later than 210 days after the

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1 violation. A person authorized by ordinance to issue and
2 serve parking, standing, and compliance violation notices
3 shall certify as to the correctness of the facts entered on
4 the violation notice by signing his or her name to the
5 notice at the time of service or in the case of a notice
6 produced by a computerized device, by signing a single
7 certificate to be kept by the traffic compliance
8 administrator attesting to the correctness of all notices
9 produced by the device while it was under his or her
10 control. In the case of an automated traffic law violation,
11 the ordinance shall require a determination by a technician
12 employed or contracted by the municipality or county that,
13 based on inspection of recorded images, the motor vehicle
14 was being operated in violation of Section 11-208.6,
15 11-208.9, or 11-1201.1 or a local ordinance. If the
16 technician determines that the vehicle entered the
17 intersection as part of a funeral procession or in order to
18 yield the right-of-way to an emergency vehicle, a citation
19 shall not be issued. In municipalities with a population of
20 less than 1,000,000 inhabitants and counties with a
21 population of less than 3,000,000 inhabitants, the
22 automated traffic law ordinance shall require that all
23 determinations by a technician that a motor vehicle was
24 being operated in violation of Section 11-208.6, 11-208.9,
25 or 11-1201.1 or a local ordinance must be reviewed and
26 approved by a law enforcement officer or retired law

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1 enforcement officer of the municipality or county issuing
2 the violation. In municipalities with a population of
3 1,000,000 or more inhabitants and counties with a
4 population of 3,000,000 or more inhabitants, the automated
5 traffic law ordinance shall require that all
6 determinations by a technician that a motor vehicle was
7 being operated in violation of Section 11-208.6, 11-208.9,
8 or 11-1201.1 or a local ordinance must be reviewed and
9 approved by a law enforcement officer or retired law
10 enforcement officer of the municipality or county issuing
11 the violation or by an additional fully-trained reviewing
12 technician who is not employed by the contractor who
13 employs the technician who made the initial determination.
14 In the case of an automated speed enforcement system
15 violation, the ordinance shall require a determination by a
16 technician employed by the municipality, based upon an
17 inspection of recorded images, video or other
18 documentation, including documentation of the speed limit
19 and automated speed enforcement signage, and documentation
20 of the inspection, calibration, and certification of the
21 speed equipment, that the vehicle was being operated in
22 violation of Article VI of Chapter 11 of this Code or a
23 similar local ordinance. If the technician determines that
24 the vehicle speed was not determined by a calibrated,
25 certified speed equipment device based upon the speed
26 equipment documentation, or if the vehicle was an emergency

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1 vehicle, a citation may not be issued. The automated speed
2 enforcement ordinance shall require that all
3 determinations by a technician that a violation occurred be
4 reviewed and approved by a law enforcement officer or
5 retired law enforcement officer of the municipality
6 issuing the violation or by an additional fully trained
7 reviewing technician who is not employed by the contractor
8 who employs the technician who made the initial
9 determination. Routine and independent calibration of the
10 speeds produced by automated speed enforcement systems and
11 equipment shall be conducted annually by a qualified
12 technician. Speeds produced by an automated speed
13 enforcement system shall be compared with speeds produced
14 by lidar or other independent equipment. Radar or lidar
15 equipment shall undergo an internal validation test no less
16 frequently than once each week. Qualified technicians
17 shall test loop based equipment no less frequently than
18 once a year. Radar equipment shall be checked for accuracy
19 by a qualified technician when the unit is serviced, when
20 unusual or suspect readings persist, or when deemed
21 necessary by a reviewing technician. Radar equipment shall
22 be checked with the internal frequency generator and the
23 internal circuit test whenever the radar is turned on.
24 Technicians must be alert for any unusual or suspect
25 readings, and if unusual or suspect readings of a radar
26 unit persist, that unit shall immediately be removed from

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1 service and not returned to service until it has been
2 checked by a qualified technician and determined to be
3 functioning properly. Documentation of the annual
4 calibration results, including the equipment tested, test
5 date, technician performing the test, and test results,
6 shall be maintained and available for use in the
7 determination of an automated speed enforcement system
8 violation and issuance of a citation. The technician
9 performing the calibration and testing of the automated
10 speed enforcement equipment shall be trained and certified
11 in the use of equipment for speed enforcement purposes.
12 Training on the speed enforcement equipment may be
13 conducted by law enforcement, civilian, or manufacturer's
14 personnel and if applicable may be equivalent to the
15 equipment use and operations training included in the Speed
16 Measuring Device Operator Program developed by the
17 National Highway Traffic Safety Administration (NHTSA).
18 The vendor or technician who performs the work shall keep
19 accurate records on each piece of equipment the technician
20 calibrates and tests. As used in this paragraph,
21 "fully-trained reviewing technician" means a person who
22 has received at least 40 hours of supervised training in
23 subjects which shall include image inspection and
24 interpretation, the elements necessary to prove a
25 violation, license plate identification, and traffic
26 safety and management. In all municipalities and counties,

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1 the automated speed enforcement system or automated
2 traffic law ordinance shall require that no additional fee
3 shall be charged to the alleged violator for exercising his
4 or her right to an administrative hearing, and persons
5 shall be given at least 25 days following an administrative
6 hearing to pay any civil penalty imposed by a finding that
7 Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
8 similar local ordinance has been violated. The original or
9 a facsimile of the violation notice or, in the case of a
10 notice produced by a computerized device, a printed record
11 generated by the device showing the facts entered on the
12 notice, shall be retained by the traffic compliance
13 administrator, and shall be a record kept in the ordinary
14 course of business. A parking, standing, compliance,
15 automated speed enforcement system, or automated traffic
16 law violation notice issued, signed and served in
17 accordance with this Section, a copy of the notice, or the
18 computer generated record shall be prima facie correct and
19 shall be prima facie evidence of the correctness of the
20 facts shown on the notice. The notice, copy, or computer
21 generated record shall be admissible in any subsequent
22 administrative or legal proceedings.
23 (4) An opportunity for a hearing for the registered
24 owner of the vehicle cited in the parking, standing,
25 compliance, automated speed enforcement system, or
26 automated traffic law violation notice in which the owner

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1 may contest the merits of the alleged violation, and during
2 which formal or technical rules of evidence shall not
3 apply; provided, however, that under Section 11-1306 of
4 this Code the lessee of a vehicle cited in the violation
5 notice likewise shall be provided an opportunity for a
6 hearing of the same kind afforded the registered owner. The
7 hearings shall be recorded, and the person conducting the
8 hearing on behalf of the traffic compliance administrator
9 shall be empowered to administer oaths and to secure by
10 subpoena both the attendance and testimony of witnesses and
11 the production of relevant books and papers. Persons
12 appearing at a hearing under this Section may be
13 represented by counsel at their expense. The ordinance may
14 also provide for internal administrative review following
15 the decision of the hearing officer.
16 (5) Service of additional notices, sent by first class
17 United States mail, postage prepaid, to the address of the
18 registered owner of the cited vehicle as recorded with the
19 Secretary of State or, if any notice to that address is
20 returned as undeliverable, to the last known address
21 recorded in a United States Post Office approved database,
22 or, under Section 11-1306 or subsection (p) of Section
23 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
24 of this Code, to the lessee of the cited vehicle at the
25 last address known to the lessor of the cited vehicle at
26 the time of lease or, if any notice to that address is

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1 returned as undeliverable, to the last known address
2 recorded in a United States Post Office approved database.
3 The service shall be deemed complete as of the date of
4 deposit in the United States mail. The notices shall be in
5 the following sequence and shall include but not be limited
6 to the information specified herein:
7 (i) A second notice of parking, standing, or
8 compliance violation. This notice shall specify the
9 date and location of the violation cited in the
10 parking, standing, or compliance violation notice, the
11 particular regulation violated, the vehicle make and
12 state registration number, any requirement to complete
13 a traffic education program, the fine and any penalty
14 that may be assessed for late payment or failure to
15 complete a traffic education program, or both, when so
16 provided by ordinance, the availability of a hearing in
17 which the violation may be contested on its merits, and
18 the time and manner in which the hearing may be had.
19 The notice of violation shall also state that failure
20 to complete a required traffic education program, to
21 pay the indicated fine and any applicable penalty, or
22 to appear at a hearing on the merits in the time and
23 manner specified, will result in a final determination
24 of violation liability for the cited violation in the
25 amount of the fine or penalty indicated, and that, upon
26 the occurrence of a final determination of violation

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1 liability for the failure, and the exhaustion of, or
2 failure to exhaust, available administrative or
3 judicial procedures for review, any incomplete traffic
4 education program or any unpaid fine or penalty, or
5 both, will constitute a debt due and owing the
6 municipality or county.
7 (ii) A notice of final determination of parking,
8 standing, compliance, automated speed enforcement
9 system, or automated traffic law violation liability.
10 This notice shall be sent following a final
11 determination of parking, standing, compliance,
12 automated speed enforcement system, or automated
13 traffic law violation liability and the conclusion of
14 judicial review procedures taken under this Section.
15 The notice shall state that the incomplete traffic
16 education program or the unpaid fine or penalty, or
17 both, is a debt due and owing the municipality or
18 county. The notice shall contain warnings that failure
19 to complete any required traffic education program or
20 to pay any fine or penalty due and owing the
21 municipality or county, or both, within the time
22 specified may result in the municipality's or county's
23 filing of a petition in the Circuit Court to have the
24 incomplete traffic education program or unpaid fine or
25 penalty, or both, rendered a judgment as provided by
26 this Section, or, where applicable, may result in

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1 suspension of the person's drivers license for failure
2 to complete a traffic education program or to pay fines
3 or penalties, or both, for 10 or more parking
4 violations under Section 6-306.5, or a combination of 5
5 or more automated traffic law violations under Section
6 11-208.6 or 11-208.9 or automated speed enforcement
7 system violations under Section 11-208.8.
8 (6) A notice of impending drivers license suspension.
9 This notice shall be sent to the person liable for failure
10 to complete a required traffic education program or to pay
11 any fine or penalty that remains due and owing, or both, on
12 10 or more parking violations or combination of 5 or more
13 unpaid automated speed enforcement system or automated
14 traffic law violations. The notice shall state that failure
15 to complete a required traffic education program or to pay
16 the fine or penalty owing, or both, within 45 days of the
17 notice's date will result in the municipality or county
18 notifying the Secretary of State that the person is
19 eligible for initiation of suspension proceedings under
20 Section 6-306.5 of this Code. The notice shall also state
21 that the person may obtain a photostatic copy of an
22 original ticket imposing a fine or penalty by sending a
23 self addressed, stamped envelope to the municipality or
24 county along with a request for the photostatic copy. The
25 notice of impending drivers license suspension shall be
26 sent by first class United States mail, postage prepaid, to

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1 the address recorded with the Secretary of State or, if any
2 notice to that address is returned as undeliverable, to the
3 last known address recorded in a United States Post Office
4 approved database.
5 (7) Final determinations of violation liability. A
6 final determination of violation liability shall occur
7 following failure to complete the required traffic
8 education program or to pay the fine or penalty, or both,
9 after a hearing officer's determination of violation
10 liability and the exhaustion of or failure to exhaust any
11 administrative review procedures provided by ordinance.
12 Where a person fails to appear at a hearing to contest the
13 alleged violation in the time and manner specified in a
14 prior mailed notice, the hearing officer's determination
15 of violation liability shall become final: (A) upon denial
16 of a timely petition to set aside that determination, or
17 (B) upon expiration of the period for filing the petition
18 without a filing having been made.
19 (8) A petition to set aside a determination of parking,
20 standing, compliance, automated speed enforcement system,
21 or automated traffic law violation liability that may be
22 filed by a person owing an unpaid fine or penalty. A
23 petition to set aside a determination of liability may also
24 be filed by a person required to complete a traffic
25 education program. The petition shall be filed with and
26 ruled upon by the traffic compliance administrator in the

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1 manner and within the time specified by ordinance. The
2 grounds for the petition may be limited to: (A) the person
3 not having been the owner or lessee of the cited vehicle on
4 the date the violation notice was issued, (B) the person
5 having already completed the required traffic education
6 program or paid the fine or penalty, or both, for the
7 violation in question, and (C) excusable failure to appear
8 at or request a new date for a hearing. With regard to
9 municipalities or counties with a population of 1 million
10 or more, it shall be grounds for dismissal of a parking
11 violation if the state registration number, or vehicle make
12 if specified, is incorrect. After the determination of
13 parking, standing, compliance, automated speed enforcement
14 system, or automated traffic law violation liability has
15 been set aside upon a showing of just cause, the registered
16 owner shall be provided with a hearing on the merits for
17 that violation.
18 (9) Procedures for non-residents. Procedures by which
19 persons who are not residents of the municipality or county
20 may contest the merits of the alleged violation without
21 attending a hearing.
22 (10) A schedule of civil fines for violations of
23 vehicular standing, parking, compliance, automated speed
24 enforcement system, or automated traffic law regulations
25 enacted by ordinance pursuant to this Section, and a
26 schedule of penalties for late payment of the fines or

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1 failure to complete required traffic education programs,
2 provided, however, that the total amount of the fine and
3 penalty for any one violation shall not exceed $250, except
4 as provided in subsection (c) of Section 11-1301.3 of this
5 Code.
6 (11) Other provisions as are necessary and proper to
7 carry into effect the powers granted and purposes stated in
8 this Section.
9 (c) Any municipality or county establishing vehicular
10standing, parking, compliance, automated speed enforcement
11system, or automated traffic law regulations under this Section
12may also provide by ordinance for a program of vehicle
13immobilization for the purpose of facilitating enforcement of
14those regulations. The program of vehicle immobilization shall
15provide for immobilizing any eligible vehicle upon the public
16way by presence of a restraint in a manner to prevent operation
17of the vehicle. Any ordinance establishing a program of vehicle
18immobilization under this Section shall provide:
19 (1) Criteria for the designation of vehicles eligible
20 for immobilization. A vehicle shall be eligible for
21 immobilization when the registered owner of the vehicle has
22 accumulated the number of incomplete traffic education
23 programs or unpaid final determinations of parking,
24 standing, compliance, automated speed enforcement system,
25 or automated traffic law violation liability, or both, as
26 determined by ordinance.

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1 (2) A notice of impending vehicle immobilization and a
2 right to a hearing to challenge the validity of the notice
3 by disproving liability for the incomplete traffic
4 education programs or unpaid final determinations of
5 parking, standing, compliance, automated speed enforcement
6 system, or automated traffic law violation liability, or
7 both, listed on the notice.
8 (3) The right to a prompt hearing after a vehicle has
9 been immobilized or subsequently towed without the
10 completion of the required traffic education program or
11 payment of the outstanding fines and penalties on parking,
12 standing, compliance, automated speed enforcement system,
13 or automated traffic law violations, or both, for which
14 final determinations have been issued. An order issued
15 after the hearing is a final administrative decision within
16 the meaning of Section 3-101 of the Code of Civil
17 Procedure.
18 (4) A post immobilization and post-towing notice
19 advising the registered owner of the vehicle of the right
20 to a hearing to challenge the validity of the impoundment.
21 (d) Judicial review of final determinations of parking,
22standing, compliance, automated speed enforcement system, or
23automated traffic law violations and final administrative
24decisions issued after hearings regarding vehicle
25immobilization and impoundment made under this Section shall be
26subject to the provisions of the Administrative Review Law.

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1 (e) Any fine, penalty, incomplete traffic education
2program, or part of any fine or any penalty remaining unpaid
3after the exhaustion of, or the failure to exhaust,
4administrative remedies created under this Section and the
5conclusion of any judicial review procedures shall be a debt
6due and owing the municipality or county and, as such, may be
7collected in accordance with applicable law. Completion of any
8required traffic education program and payment in full of any
9fine or penalty resulting from a standing, parking, compliance,
10automated speed enforcement system, or automated traffic law
11violation shall constitute a final disposition of that
12violation.
13 (f) After the expiration of the period within which
14judicial review may be sought for a final determination of
15parking, standing, compliance, automated speed enforcement
16system, or automated traffic law violation, the municipality or
17county may commence a proceeding in the Circuit Court for
18purposes of obtaining a judgment on the final determination of
19violation. Nothing in this Section shall prevent a municipality
20or county from consolidating multiple final determinations of
21parking, standing, compliance, automated speed enforcement
22system, or automated traffic law violations against a person in
23a proceeding. Upon commencement of the action, the municipality
24or county shall file a certified copy or record of the final
25determination of parking, standing, compliance, automated
26speed enforcement system, or automated traffic law violation,

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1which shall be accompanied by a certification that recites
2facts sufficient to show that the final determination of
3violation was issued in accordance with this Section and the
4applicable municipal or county ordinance. Service of the
5summons and a copy of the petition may be by any method
6provided by Section 2-203 of the Code of Civil Procedure or by
7certified mail, return receipt requested, provided that the
8total amount of fines and penalties for final determinations of
9parking, standing, compliance, automated speed enforcement
10system, or automated traffic law violations does not exceed
11$2500. If the court is satisfied that the final determination
12of parking, standing, compliance, automated speed enforcement
13system, or automated traffic law violation was entered in
14accordance with the requirements of this Section and the
15applicable municipal or county ordinance, and that the
16registered owner or the lessee, as the case may be, had an
17opportunity for an administrative hearing and for judicial
18review as provided in this Section, the court shall render
19judgment in favor of the municipality or county and against the
20registered owner or the lessee for the amount indicated in the
21final determination of parking, standing, compliance,
22automated speed enforcement system, or automated traffic law
23violation, plus costs. The judgment shall have the same effect
24and may be enforced in the same manner as other judgments for
25the recovery of money.
26 (g) The fee for participating in a traffic education

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1program under this Section shall not exceed $25.
2 A low-income individual required to complete a traffic
3education program under this Section who provides proof of
4eligibility for the federal earned income tax credit under
5Section 32 of the Internal Revenue Code or the Illinois earned
6income tax credit under Section 212 of the Illinois Income Tax
7Act shall not be required to pay any fee for participating in a
8required traffic education program.
9(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,
10eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
11 (625 ILCS 5/6-205.2 rep.)
12 (625 ILCS 5/6-306.7 rep.)
13 Section 10. The Illinois Vehicle Code is amended by
14repealing Sections 6-205.2 and 6-306.7.
15 Section 99. Effective date. This Act takes effect July 1,
162020.

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1 INDEX
2 Statutes amended in order of appearance