Bill Text: IL HB3860 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that a driver shall be permanently banned from holding a commercial driver's license if the driver uses a commercial motor vehicle in the commission of any felony involving the trafficking in persons. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3860 Detail]

Download: Illinois-2023-HB3860-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3860 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-514
Amends the Illinois Vehicle Code. Provides that a driver shall be permanently banned from holding a commercial driver's license if the driver uses a commercial motor vehicle in the commission of any felony involving the trafficking in persons. Effective immediately.
LRB103 27334 MXP 53705 b
A BILL FOR
HB3860 LRB103 27334 MXP 53705 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 6-514 as follows:
(625 ILCS 5/6-514)
(Text of Section before amendment by P.A. 102-982)
Sec. 6-514. Commercial driver's license (CDL); commercial
learner's permit (CLP); disqualifications.
(a) A person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a
test or tests to determine the driver's blood
concentration of alcohol, other drug, or both while
driving a commercial motor vehicle or, if the driver is a
CLP or CDL holder, while driving a non-CMV; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath, other
bodily substance, or urine is at least 0.04, or any amount
of a drug, substance, or compound in the person's blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the

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Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, other bodily
substance, or urine was above the legal limit defined in
Section 11-501.1 or 11-501.8 or any amount of a drug,
substance, or compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a CLP or CDL; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CLP or CDL holder, driving a non-CMV while
under the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or
(ii) Knowingly leaving the scene of an accident
while operating a commercial motor vehicle or, if the
driver is a CLP or CDL holder, while driving a non-CMV;

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or
(iii) Driving a commercial motor vehicle or, if
the driver is a CLP or CDL holder, driving a non-CMV
while committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.
As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 and aggravated driving under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof under subdivision (d)(1)(F) of Section 11-501

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of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period
of not less than 3 years; or
(4) (Blank).
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a
controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance, or
(ii) if the person is a CLP or CDL holder, uses a non-CMV in
the commission of a felony involving any of those activities,
or (iii) uses a commercial motor vehicle in the commission of
any felony involving the trafficking in persons.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may
be reduced to a period of not less than 10 years. If a
reinstated driver is subsequently convicted of another
disqualifying offense, as specified in subsection (a) of this

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Section, he or she shall be permanently disqualified for life
and shall be ineligible to again apply for a reduction of the
lifetime disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3-year period, provided the serious traffic
violation committed in a non-CMV would result in the
suspension or revocation of the CLP or CDL holder's non-CMV
privileges. However, a person will be disqualified from
driving a commercial motor vehicle for a period of not less
than 4 months if convicted of 3 serious traffic violations,
committed in a commercial motor vehicle, non-CMV while holding
a CLP or CDL, or any combination thereof, arising from
separate incidents, occurring within a 3-year period, provided
the serious traffic violation committed in a non-CMV would
result in the suspension or revocation of the CLP or CDL
holder's non-CMV privileges. If all the convictions occurred
in a non-CMV, the disqualification shall be entered only if
the convictions would result in the suspension or revocation
of the CLP or CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,

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pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a CLP or
CDL, the Secretary of State must update the driver's records
to reflect such action within 10 days. After suspending or
revoking the driving privilege of any person who has been
issued a CLP or CDL from another jurisdiction, the Secretary
shall originate notification to such issuing jurisdiction
within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.
(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).

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(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction
of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a

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violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of
time specified in paragraph (2) of this subsection (j) if
the offense was committed while operating a commercial
motor vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if
the tracks are not clear, as described in subsection
(a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as
described in Section 11-1202 of this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b) of Section
11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision

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(a)2 of Section 11-1201 of this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction
for a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is

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convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 CFR 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the
driver the action that has been taken.
(l) A foreign commercial driver is subject to
disqualification under this Section.
(m) A person shall be disqualified from operating a
commercial motor vehicle for life if that individual uses a
commercial motor vehicle in the commission of a felony
involving an act or practice of severe forms of human
trafficking, as defined in 22 U.S.C. 7102(11).
(Source: P.A. 102-749, eff. 1-1-23.)
(Text of Section after amendment by P.A. 102-982)
Sec. 6-514. Commercial driver's license (CDL); commercial
learner's permit (CLP); disqualifications.
(a) A person shall be disqualified from driving a

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commercial motor vehicle for a period of not less than 12
months for the first violation of:
(1) Refusing to submit to or failure to complete a
test or tests to determine the driver's blood
concentration of alcohol, other drug, or both while
driving a commercial motor vehicle or, if the driver is a
CLP or CDL holder, while driving a non-CMV; or
(2) Operating a commercial motor vehicle while the
alcohol concentration of the person's blood, breath, other
bodily substance, or urine is at least 0.04, or any amount
of a drug, substance, or compound in the person's blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act as indicated by a police officer's sworn
report or other verified evidence; or operating a
non-commercial motor vehicle while the alcohol
concentration of the person's blood, breath, other bodily
substance, or urine was above the legal limit defined in
Section 11-501.1 or 11-501.8 or any amount of a drug,
substance, or compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois

HB3860 - 12 - LRB103 27334 MXP 53705 b
Controlled Substances Act, or methamphetamine as listed in
the Methamphetamine Control and Community Protection Act
as indicated by a police officer's sworn report or other
verified evidence while holding a CLP or CDL; or
(3) Conviction for a first violation of:
(i) Driving a commercial motor vehicle or, if the
driver is a CLP or CDL holder, driving a non-CMV while
under the influence of alcohol, or any other drug, or
combination of drugs to a degree which renders such
person incapable of safely driving; or
(ii) Knowingly leaving the scene of a crash while
operating a commercial motor vehicle or, if the driver
is a CLP or CDL holder, while driving a non-CMV; or
(iii) Driving a commercial motor vehicle or, if
the driver is a CLP or CDL holder, driving a non-CMV
while committing any felony; or
(iv) Driving a commercial motor vehicle while the
person's driving privileges or driver's license or
permit is revoked, suspended, or cancelled or the
driver is disqualified from operating a commercial
motor vehicle; or
(v) Causing a fatality through the negligent
operation of a commercial motor vehicle, including but
not limited to the crimes of motor vehicle
manslaughter, homicide by a motor vehicle, and
negligent homicide.

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As used in this subdivision (a)(3)(v), "motor
vehicle manslaughter" means the offense of involuntary
manslaughter if committed by means of a vehicle;
"homicide by a motor vehicle" means the offense of
first degree murder or second degree murder, if either
offense is committed by means of a vehicle; and
"negligent homicide" means reckless homicide under
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 and aggravated driving under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof under subdivision (d)(1)(F) of Section 11-501
of this Code.
If any of the above violations or refusals occurred
while transporting hazardous material(s) required to be
placarded, the person shall be disqualified for a period
of not less than 3 years; or
(4) (Blank).
(b) A person is disqualified for life for a second
conviction of any of the offenses specified in paragraph (a),
or any combination of those offenses, arising from 2 or more
separate incidents.
(c) A person is disqualified from driving a commercial
motor vehicle for life if the person either (i) uses a
commercial motor vehicle in the commission of any felony
involving the manufacture, distribution, or dispensing of a

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controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance, or
(ii) if the person is a CLP or CDL holder, uses a non-CMV in
the commission of a felony involving any of those activities,
or (iii) uses a commercial motor vehicle in the commission of
any felony involving the trafficking in persons.
(d) The Secretary of State may, when the United States
Secretary of Transportation so authorizes, issue regulations
in which a disqualification for life under paragraph (b) may
be reduced to a period of not less than 10 years. If a
reinstated driver is subsequently convicted of another
disqualifying offense, as specified in subsection (a) of this
Section, he or she shall be permanently disqualified for life
and shall be ineligible to again apply for a reduction of the
lifetime disqualification.
(e) A person is disqualified from driving a commercial
motor vehicle for a period of not less than 2 months if
convicted of 2 serious traffic violations, committed in a
commercial motor vehicle, non-CMV while holding a CLP or CDL,
or any combination thereof, arising from separate incidents,
occurring within a 3-year period, provided the serious traffic
violation committed in a non-CMV would result in the
suspension or revocation of the CLP or CDL holder's non-CMV
privileges. However, a person will be disqualified from
driving a commercial motor vehicle for a period of not less
than 4 months if convicted of 3 serious traffic violations,

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committed in a commercial motor vehicle, non-CMV while holding
a CLP or CDL, or any combination thereof, arising from
separate incidents, occurring within a 3-year period, provided
the serious traffic violation committed in a non-CMV would
result in the suspension or revocation of the CLP or CDL
holder's non-CMV privileges. If all the convictions occurred
in a non-CMV, the disqualification shall be entered only if
the convictions would result in the suspension or revocation
of the CLP or CDL holder's non-CMV privileges.
(e-1) (Blank).
(f) Notwithstanding any other provision of this Code, any
driver disqualified from operating a commercial motor vehicle,
pursuant to this UCDLA, shall not be eligible for restoration
of commercial driving privileges during any such period of
disqualification.
(g) After suspending, revoking, or cancelling a CLP or
CDL, the Secretary of State must update the driver's records
to reflect such action within 10 days. After suspending or
revoking the driving privilege of any person who has been
issued a CLP or CDL from another jurisdiction, the Secretary
shall originate notification to such issuing jurisdiction
within 10 days.
(h) The "disqualifications" referred to in this Section
shall not be imposed upon any commercial motor vehicle driver,
by the Secretary of State, unless the prohibited action(s)
occurred after March 31, 1992.

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(i) A person is disqualified from driving a commercial
motor vehicle in accordance with the following:
(1) For 6 months upon a first conviction of paragraph
(2) of subsection (b) or subsection (b-3) of Section 6-507
of this Code.
(2) For 2 years upon a second conviction of paragraph
(2) of subsection (b) or subsection (b-3) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code
within a 10-year period if the second conviction is a
violation of paragraph (2) of subsection (b) or subsection
(b-3).
(3) For 3 years upon a third or subsequent conviction
of paragraph (2) of subsection (b) or subsection (b-3) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (2) of subsection
(b) or subsection (b-3).
(4) For one year upon a first conviction of paragraph
(3) of subsection (b) or subsection (b-5) of Section 6-507
of this Code.
(5) For 3 years upon a second conviction of paragraph
(3) of subsection (b) or subsection (b-5) or any
combination of paragraphs (2) or (3) of subsection (b) or
subsections (b-3) or (b-5) of Section 6-507 of this Code

HB3860 - 17 - LRB103 27334 MXP 53705 b
within a 10-year period if the second conviction is a
violation of paragraph (3) of subsection (b) or (b-5).
(6) For 5 years upon a third or subsequent conviction
of paragraph (3) of subsection (b) or subsection (b-5) or
any combination of paragraphs (2) or (3) of subsection (b)
or subsections (b-3) or (b-5) of Section 6-507 of this
Code within a 10-year period if the third or subsequent
conviction is a violation of paragraph (3) of subsection
(b) or (b-5).
(j) Disqualification for railroad-highway grade crossing
violation.
(1) General rule. A driver who is convicted of a
violation of a federal, State, or local law or regulation
pertaining to one of the following 6 offenses at a
railroad-highway grade crossing must be disqualified from
operating a commercial motor vehicle for the period of
time specified in paragraph (2) of this subsection (j) if
the offense was committed while operating a commercial
motor vehicle:
(i) For drivers who are not required to always
stop, failing to slow down and check that the tracks
are clear of an approaching train or railroad track
equipment, as described in subsection (a-5) of Section
11-1201 of this Code;
(ii) For drivers who are not required to always
stop, failing to stop before reaching the crossing, if

HB3860 - 18 - LRB103 27334 MXP 53705 b
the tracks are not clear, as described in subsection
(a) of Section 11-1201 of this Code;
(iii) For drivers who are always required to stop,
failing to stop before driving onto the crossing, as
described in Section 11-1202 of this Code;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without
stopping, as described in subsection (b) of Section
11-1425 of this Code;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement
official at the crossing, as described in subdivision
(a)2 of Section 11-1201 of this Code;
(vi) For all drivers, failing to negotiate a
crossing because of insufficient undercarriage
clearance, as described in subsection (d-1) of Section
11-1201 of this Code.
(2) Duration of disqualification for railroad-highway
grade crossing violation.
(i) First violation. A driver must be disqualified
from operating a commercial motor vehicle for not less
than 60 days if the driver is convicted of a violation
described in paragraph (1) of this subsection (j) and,
in the three-year period preceding the conviction, the
driver had no convictions for a violation described in
paragraph (1) of this subsection (j).

HB3860 - 19 - LRB103 27334 MXP 53705 b
(ii) Second violation. A driver must be
disqualified from operating a commercial motor vehicle
for not less than 120 days if the driver is convicted
of a violation described in paragraph (1) of this
subsection (j) and, in the three-year period preceding
the conviction, the driver had one other conviction
for a violation described in paragraph (1) of this
subsection (j) that was committed in a separate
incident.
(iii) Third or subsequent violation. A driver must
be disqualified from operating a commercial motor
vehicle for not less than one year if the driver is
convicted of a violation described in paragraph (1) of
this subsection (j) and, in the three-year period
preceding the conviction, the driver had 2 or more
other convictions for violations described in
paragraph (1) of this subsection (j) that were
committed in separate incidents.
(k) Upon notification of a disqualification of a driver's
commercial motor vehicle privileges imposed by the U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, in accordance with 49 CFR 383.52, the
Secretary of State shall immediately record to the driving
record the notice of disqualification and confirm to the
driver the action that has been taken.
(l) A foreign commercial driver is subject to

HB3860 - 20 - LRB103 27334 MXP 53705 b
disqualification under this Section.
(m) A person shall be disqualified from operating a
commercial motor vehicle for life if that individual uses a
commercial motor vehicle in the commission of a felony
involving an act or practice of severe forms of human
trafficking, as defined in 22 U.S.C. 7102(11).
(Source: P.A. 102-749, eff. 1-1-23; 102-982, eff. 7-1-23;
revised 12-14-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.