Bill Text: IL HB4444 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that uninsured operation of a motor vehicle resulting in bodily harm or death to another person is a Class 4 felony, with a minimum fine of $10,000 and a driver's license revocation for one year. Provides that a second violation of operation of a motor vehicle resulting in bodily harm or death to another person is a Class 3 felony, with a minimum fine of $20,000 and a lifetime driving privilege revocation. Provides that if a person convicted of uninsured operation of a motor vehicle resulting in bodily harm or death to another person has previously been convicted of one or more violations of driving without liability insurance, a fine of $3,000 (rather than $2,500) must be imposed. Raises the penalty and reinstatement fee for a violation of operating a motor vehicle without liability insurance. Makes conforming changes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2016-04-08 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB4444 Detail]

Download: Illinois-2015-HB4444-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4444 Introduced , by Rep. Charles E. Meier SYNOPSIS AS INTRODUCED:
625 ILCS 5/3-707 from Ch. 95 1/2, par. 3-707
625 ILCS 5/6-118
625 ILCS 5/6-205
625 ILCS 5/7-606 from Ch. 95 1/2, par. 7-606
Amends the Illinois Vehicle Code. Provides that uninsured operation of a motor vehicle resulting in bodily harm or death to another person is a Class 4 felony, with a minimum fine of $10,000 and a driver's license revocation for one year. Provides that a second violation of operation of a motor vehicle resulting in bodily harm or death to another person is a Class 3 felony, with a minimum fine of $20,000 and a lifetime driving privilege revocation. Provides that if a person convicted of uninsured operation of a motor vehicle resulting in bodily harm or death to another person has previously been convicted of one or more violations of driving without liability insurance, a fine of $3,000 (rather than $2,500) must be imposed. Raises the penalty and reinstatement fee for a violation of operating a motor vehicle without liability insurance. Makes conforming changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4444 LRB099 15809 RJF 40118 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 3-707, 6-118, 6-205, and 7-606 as follows:
(625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
Sec. 3-707. Operation of uninsured motor vehicle - penalty.
(a) No person shall operate a motor vehicle unless the
motor vehicle is covered by a liability insurance policy in
accordance with Section 7-601 of this Code.
(a-5) A person commits the offense of operation of
uninsured motor vehicle causing bodily harm or death when the
person:
(1) operates a motor vehicle in violation of Section
7-601 of this Code; and
(2) causes, as a proximate result of the person's
operation of the motor vehicle, bodily harm or death to
another person.
(a-6) Uninsured operation of a motor vehicle under
subsection (a-5) is a Class 4 felony with a minimum fine of
$10,000 A misdemeanor. If a person is convicted of the offense
of operation of a motor vehicle for a second or subsequent
violation under subsection (a-5) has previously been convicted

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of 2 or more violations of subsection (a-5) of this Section, he
or she is guilty of a Class 3 felony, and shall be fined a
minimum of $20,000. If a person convicted of the offense of
operation of a motor vehicle under subsection (a-5) has
previously been convicted of one or more violations or of
Section 7-601 of this Code, a fine of $3,000 $2,500, in
addition to any sentence of incarceration, must be imposed.
(b) Any person who fails to comply with a request by a law
enforcement officer for display of evidence of insurance, as
required under Section 7-602 of this Code, shall be deemed to
be operating an uninsured motor vehicle.
(c) Except as provided in subsections (a-6) and (c-5), any
operator of a motor vehicle subject to registration under this
Code who is convicted of violating this Section is guilty of a
business offense and shall be required to pay a fine in excess
of $500, but not more than $1,000, except a person convicted of
a second third or subsequent violation of this Section shall be
required to pay a fine of $1,000. However, no person charged
with violating this Section shall be convicted if such person
produces in court satisfactory evidence that at the time of the
arrest the motor vehicle was covered by a liability insurance
policy in accordance with Section 7-601 of this Code. The chief
judge of each circuit may designate an officer of the court to
review the documentation demonstrating that at the time of
arrest the motor vehicle was covered by a liability insurance
policy in accordance with Section 7-601 of this Code.

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(c-1) Except for subsection (a-5), a A person convicted of
violating this Section shall also have his or her driver's
license, permit, or privileges suspended for 3 months. After
the expiration of the 3 months, the person's driver's license,
permit, or privileges shall not be reinstated until he or she
has paid a reinstatement fee of $150 $100. A person convicted
of violating subsection (a-5) for a first violation shall have
his or her driver's license, permit, or privileges revoked for
one year. For a second or subsequent violation of subsection
(a-5), he or she shall be subject to lifetime revocation of
driving privileges. If a person violates this Section while his
or her driver's license, permit, or privileges are suspended or
revoked under this subsection (c-1), his or her driver's
license, permit, or privileges shall be suspended or revoked
for an additional 12 6 months and until he or she pays the
reinstatement fee.
(c-5) A person who (i) has not previously been convicted of
or received a disposition of court supervision for violating
this Section and (ii) produces at his or her court appearance
satisfactory evidence that the motor vehicle is covered, as of
the date of the court appearance, by a liability insurance
policy in accordance with Section 7-601 of this Code shall, for
a violation of this Section, other than a violation of
subsection (a-5), pay a fine of $150 $100 and receive a
disposition of court supervision. The person must, on the date
that the period of court supervision is scheduled to terminate,

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produce satisfactory evidence that the vehicle was covered by
the required liability insurance policy during the entire
period of court supervision.
An officer of the court designated under subsection (c) may
also review liability insurance documentation under this
subsection (c-5) to determine if the motor vehicle is, as of
the date of the court appearance, covered by a liability
insurance policy in accordance with Section 7-601 of this Code.
The officer of the court shall also determine, on the date the
period of court supervision is scheduled to terminate, whether
the vehicle was covered by the required policy during the
entire period of court supervision.
(d) A person convicted a third or subsequent time of
violating this Section or a similar provision of a local
ordinance must give proof to the Secretary of State of the
person's financial responsibility as defined in Section 7-315.
The person must maintain the proof in a manner satisfactory to
the Secretary for a minimum period of 3 years after the date
the proof is first filed. The Secretary must suspend the
driver's license of any person determined by the Secretary not
to have provided adequate proof of financial responsibility as
required by this subsection.
(Source: P.A. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)
(625 ILCS 5/6-118)
Sec. 6-118. Fees.

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(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30
Original or renewal driver's license
issued to 18, 19 and 20 year olds.................. 5
All driver's licenses for persons
age 69 through age 80.............................. 5
All driver's licenses for persons
age 81 through age 86.............................. 2
All driver's licenses for persons
age 87 or older.....................................0
Renewal driver's license (except for
applicants ages 18, 19 and 20 or
age 69 and older)..................................30
Original instruction permit issued to
persons (except those age 69 and older)
who do not hold or have not previously
held an Illinois instruction permit or
driver's license.................................. 20
Instruction permit issued to any person
holding an Illinois driver's license
who wishes a change in classifications,
other than at the time of renewal.................. 5
Any instruction permit issued to a person
age 69 and older................................... 5
Instruction permit issued to any person,

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under age 69, not currently holding a
valid Illinois driver's license or
instruction permit but who has
previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information

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System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial learner's permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial learner's permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5

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In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the
commercial driver's license proportionate to the expiration
date of the applicant's Illinois driver's license.
The fee for any duplicate license or permit shall be waived
for any person who presents the Secretary of State's office
with a police report showing that his license or permit was
stolen.
The fee for any duplicate license or permit shall be waived
for any person age 60 or older whose driver's license or permit
has been lost or stolen.
No additional fee shall be charged for a driver's license,
or for a commercial driver's license, when issued to the holder
of an instruction permit for the same classification or type of
license who becomes eligible for such license.
(b) Any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked under
Section 3-707, any provision of Chapter 6, Chapter 11, or
Section 7-205, 7-303, or 7-702 of the Family Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707................... $150 $100
Suspension under Section 11-1431....................$100
Summary suspension under Section 11-501.1...........$250
Suspension under Section 11-501.9...................$250

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Summary revocation under Section 11-501.1............$500
Other suspension......................................$70
Revocation...........................................$500
However, any person whose license or privilege to operate a
motor vehicle in this State has been suspended or revoked for a
second or subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of
Section 11-501, 11-501.1, or 11-501.9 of this Code or a similar
provision of a local ordinance or a similar out-of-state
offense or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall pay, in addition to any other fees
required by this Code, a reinstatement fee as follows:
Summary suspension under Section 11-501.1............$500
Suspension under Section 11-501.9...................$500
Summary revocation under Section 11-501.1............$500
Revocation...........................................$500
(c) All fees collected under the provisions of this Chapter
6 shall be disbursed under subsection (g) of Section 2-119 of
this Code, except as follows:
1. The following amounts shall be paid into the Driver
Education Fund:
(A) $16 of the $20 fee for an original driver's
instruction permit;

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(B) $5 of the $30 fee for an original driver's
license;
(C) $5 of the $30 fee for a 4 year renewal driver's
license;
(D) $4 of the $8 fee for a restricted driving
permit; and
(E) $4 of the $8 fee for a monitoring device
driving permit.
2. $30 of the $250 fee for reinstatement of a license
summarily suspended under Section 11-501.1 or suspended
under Section 11-501.9 shall be deposited into the Drunk
and Drugged Driving Prevention Fund. However, for a person
whose license or privilege to operate a motor vehicle in
this State has been suspended or revoked for a second or
subsequent time for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, $190 of
the $500 fee for reinstatement of a license summarily
suspended under Section 11-501.1 or suspended under
Section 11-501.9, and $190 of the $500 fee for
reinstatement of a revoked license shall be deposited into
the Drunk and Drugged Driving Prevention Fund. $190 of the
$500 fee for reinstatement of a license summarily revoked
pursuant to Section 11-501.1 shall be deposited into the
Drunk and Drugged Driving Prevention Fund.
3. $6 of the original or renewal fee for a commercial

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driver's license and $6 of the commercial learner's permit
fee when the permit is issued to any person holding a valid
Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet/NMVTIS Trust Fund.
4. $30 of the $70 fee for reinstatement of a license
suspended under the Family Financial Responsibility Law
shall be paid into the Family Responsibility Fund.
5. The $5 fee for each original or renewal M or L
endorsement shall be deposited into the Cycle Rider Safety
Training Fund.
6. $20 of any original or renewal fee for a commercial
driver's license or commercial learner's permit shall be
paid into the Motor Carrier Safety Inspection Fund.
7. The following amounts shall be paid into the General
Revenue Fund:
(A) $190 of the $250 reinstatement fee for a
summary suspension under Section 11-501.1 or a
suspension under Section 11-501.9;
(B) $40 of the $70 reinstatement fee for any other
suspension provided in subsection (b) of this Section;
and
(C) $440 of the $500 reinstatement fee for a first
offense revocation and $310 of the $500 reinstatement
fee for a second or subsequent revocation.
8. Fees collected under paragraph (4) of subsection (d)
and subsection (h) of Section 6-205 of this Code;

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subparagraph (C) of paragraph 3 of subsection (c) of
Section 6-206 of this Code; and paragraph (4) of subsection
(a) of Section 6-206.1 of this Code, shall be paid into the
funds set forth in those Sections.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
10 of P.A. 99-414 for the effective date of changes made by
P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
98-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff.
1-1-16; revised 10-19-15.)
(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.

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(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102

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of this Code;
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 or the Criminal Code of 2012 arising from the use of a
motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state

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offense;
16. Any offense against any provision in this Code, or
any local ordinance, regulating the movement of traffic
when that offense was the proximate cause of the death of
any person. Any person whose driving privileges have been
revoked pursuant to this paragraph may seek to have the
revocation terminated or to have the length of revocation
reduced by requesting an administrative hearing with the
Secretary of State prior to the projected driver's license
application eligibility date;
17. Violation of subsection (a-2) of Section 11-1301.3
of this Code or a similar provision of a local ordinance;
18. A second or subsequent conviction of illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act. A
defendant found guilty of this offense while operating a
motor vehicle shall have an entry made in the court record
by the presiding judge that this offense did occur while
the defendant was operating a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State; .
19. Conviction of an offense under subsection (a-5) of

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Section 3-707 of this Code relating to the operation of an
uninsured motor vehicle causing bodily harm or death to
another person. A second or subsequent conviction of an
offense under subsection (a-5) of Section 3-707 of this
Code shall result in a lifetime revocation of driving
privileges.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court.
(c)(1) Whenever a person is convicted of any of the

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offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard to
whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related duties,
or to allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or persons with
disabilities who do not hold driving privileges and are living
in the petitioner's household to and from daycare; if the
petitioner is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted
driving permit.

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(1.5) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation, or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(A) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(B) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this paragraph (1.5), the

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Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and the
results of regular alcohol or drug tests. Persons subject
to the provisions of paragraph 4 of subsection (b) of
Section 6-208 of this Code and who have been convicted of
more than one violation of paragraph (3), paragraph (4), or
paragraph (5) of subsection (a) of Section 11-501 of this
Code shall not be eligible to apply for a restricted
driving permit.
A restricted driving permit issued under this
paragraph (1.5) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c) of
this Section and subparagraph (A) of paragraph 3 of
subsection (c) of Section 6-206 of this Code. The Secretary
may revoke a restricted driving permit or amend the
conditions of a restricted driving permit issued under this
paragraph (1.5) if the holder operates a vehicle that is
not equipped with an ignition interlock device, or for any
other reason authorized under this Code.
A restricted driving permit issued under this
paragraph (1.5) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is subsequently
convicted of a violation of Section 11-501 of this Code, a
similar provision of a local ordinance, or a similar

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offense in another state.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the
offense, or a similar out-of-state offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or
(iii) a suspension pursuant to Section

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6-203.1;
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
subparagraph (C) or (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code, Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide where the
use of alcohol or other drugs was recited as an element
of the offense, or a similar provision of a law of
another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use
of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes. For any
person who, within a 5-year period, is convicted of a

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second or subsequent offense under Section 11-501 of this
Code, or a similar provision of a local ordinance or
similar out-of-state offense, this employment exemption
does not apply until either a one-year one year period has
elapsed during which that person had his or her driving
privileges revoked or a one-year one year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that
person.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems
appropriate, except that the permit shall expire within one
year from the date of issuance. A restricted driving permit
issued under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or suspended;
except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall
be deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of a
restricted driving permit, require the petitioner to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is

HB4444 - 23 - LRB099 15809 RJF 40118 b
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a)
of this Section, no restricted driving permit shall be
issued until the individual has served 6 months of the
revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision
(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,
whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state offense,

HB4444 - 24 - LRB099 15809 RJF 40118 b
the person may never apply for a license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one-year one year period, and upon
reapplication for a license as provided in Section 6-106, upon
payment of the appropriate reinstatement fee provided under
paragraph (b) of Section 6-118, the Secretary of State, in his
discretion, may reinstate the petitioner's driver's license
and driving privileges, or extend the restricted driving permit
as many times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,

HB4444 - 25 - LRB099 15809 RJF 40118 b
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or
(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(3.5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that

HB4444 - 26 - LRB099 15809 RJF 40118 b
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned upon the use
of an interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per
month. The Secretary shall establish by rule the amount and
the procedures, terms, and conditions relating to these
fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes. For any person who, within
a 5-year period, is convicted of a second or subsequent
offense under Section 11-501 of this Code, or a similar
provision of a local ordinance or similar out-of-state
offense, this employment exemption does not apply until
either a one-year one year period has elapsed during which
that person had his or her driving privileges revoked or a
one-year one year period has elapsed during which that
person had a restricted driving permit which required the
use of an ignition interlock device on every motor vehicle
owned or operated by that person.
(6) A restricted driving permit issued under this

HB4444 - 27 - LRB099 15809 RJF 40118 b
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of reckless
homicide, or a similar provision of a law of another state, is
permanent. The Secretary may not, at any time, issue a license
or permit to that person.
(e) This Section is subject to the provisions of the Driver
License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of

HB4444 - 28 - LRB099 15809 RJF 40118 b
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code
or a similar provision of a local ordinance. The person must
pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 for each month that he or she uses the
device. The Secretary shall establish by rule and regulation
the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and
conditions relating to these fees. During the time period in
which a person is required to install an ignition interlock
device under this subsection (h), that person shall only
operate vehicles in which ignition interlock devices have been
installed, except as allowed by subdivision (c)(5) or (d)(5) of
this Section.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person
whose driving privileges have been revoked under paragraph 16
of subsection (a) of this Section that his or her driving

HB4444 - 29 - LRB099 15809 RJF 40118 b
privileges and driver's license will be revoked 90 days from
the date of the mailing of the notice.
(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
99-467, eff. 1-1-16; 99-483, eff. 1-1-16; revised 11-2-15.)
(625 ILCS 5/7-606) (from Ch. 95 1/2, par. 7-606)
Sec. 7-606. Uninsured motor vehicles - suspension and
reinstatement. The Secretary shall suspend the vehicle
registration of any motor vehicle determined by the Secretary
to be in violation of Section 7-601 of this Code, including any
motor vehicle operated in violation of Section 3-707, 3-708 or
3-710 of this Code by an operator other than the owner of the
vehicle. Neither the fact that, subsequent to the date of
verification or conviction, the owner acquired the required
liability insurance policy nor the fact that the owner
terminated ownership of the motor vehicle shall have any
bearing upon the Secretary's decision to suspend.
The Secretary is authorized to suspend the registration of
any motor vehicle registered in this State upon receiving
notice of the conviction of the operator of the motor vehicle
in another State of an offense which, if committed in this
State, would constitute a violation of Section 7-601 of this
Code.
Until it is terminated, the suspension shall remain in
force after the registration is renewed or a new registration

HB4444 - 30 - LRB099 15809 RJF 40118 b
is acquired for the motor vehicle. The suspension also shall
apply to any motor vehicle to which the owner transfers the
registration.
In the case of a first violation, the Secretary shall
terminate the suspension upon payment by the owner of a
reinstatement fee of $150 $100 and submission of proof of
insurance as prescribed by the Secretary.
In the case of a second or subsequent violation by a person
having ownership interest in a motor vehicle or vehicles within
the preceding 4 years, or a violation of Section 3-708 of this
Code, the Secretary shall terminate the suspension 4 months
after its effective date upon payment by the owner of a
reinstatement fee of $150 $100 and submission of proof of
insurance as prescribed by the Secretary.
All fees collected under this Section shall be disbursed
under subsection (g) of Section 2-119 of this Code.
(Source: P.A. 99-127, eff. 1-1-16.)