Bill Text: IL HB5340 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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 administrative adjudications, hearings, and final orders 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. Deletes language providing that the Secretary is authorized to cancel a license or permit for failure to pay any fines, civil penalties owed to the Illinois Commerce Commission, or taxes or being a convicted sex offender. Provides that a person whose driver's license was cancelled due to a sex offense conviction shall have his or her driver's license reinstated. Deletes language providing that the reporting requirements for public officials to the Secretary shall apply to a truant minor in need of supervision, an addicted minor, or a delinquent minor whose driver's license has been suspended. Deletes language providing that the Secretary is authorized to suspend or revoke the driving privileges of a person without preliminary hearing for specific adjudications or violations. Provides that the Secretary is authorized to suspend or revoke the driving privileges of a person for specific violations. Provides that a person whose driver's license was suspended or revoked under certain circumstances shall have his or her driving privileges reinstated. 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 provisions providing the suspension of a driver's license of a person convicted of theft of motor fuel and suspension of driving privileges for failure to satisfy fines or penalties for toll violations or evasions. Effective immediately.

Sponsorship: Strong Partisan Bill (Democrat 20-2)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5340 Detail]

Download: Illinois-2017-HB5340-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5340 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 administrative adjudications, hearings, and final orders 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. Deletes language providing that the Secretary is authorized to cancel a license or permit for failure to pay any fines, civil penalties owed to the Illinois Commerce Commission, or taxes or being a convicted sex offender. Provides that a person whose driver's license was cancelled due to a sex offense conviction shall have his or her driver's license reinstated. Deletes language providing that the reporting requirements for public officials to the Secretary shall apply to a truant minor in need of supervision, an addicted minor, or a delinquent minor whose driver's license has been suspended. Deletes language providing that the Secretary is authorized to suspend or revoke the driving privileges of a person without preliminary hearing for specific adjudications or violations. Provides that the Secretary is authorized to suspend or revoke the driving privileges of a person for specific violations. Provides that a person who's driver's license was suspended or revoked under certain circumstances shall have his or her driving privileges reinstated. 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 provisions providing the suspension of a driver's license of a person convicted of theft of motor fuel and suspension of driving privileges for failure to satisfy fines or penalties for toll violations or evasions. Effective immediately.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the License to
Work Act.
Section 5. The Illinois Vehicle Code is amended by changing
Sections 3-704.2, 6-201, 6-204, 6-205, 6-206, 6-209, 6-306.5,
and 11-208.3 and by adding Sections 6-209.1, and 6-213 as
follows:
(625 ILCS 5/3-704.2)
Sec. 3-704.2. Failure to satisfy fines or penalties for
toll violations or evasions; suspension of vehicle
registration.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from the Authority stating that
the owner of a registered vehicle has failed to satisfy any
fine or penalty resulting from a final order issued by the
Authority relating directly or indirectly to 5 or more toll
violations, toll evasions, or both, the Secretary of State
shall suspend the vehicle registration of the person in
accordance with the procedures set forth in this Section.
(b) Following receipt of the certified report of the

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

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

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unambiguous language, the consequences of that failure to
satisfy any fine or penalty imposed by the Authority shall
result in the Secretary of State suspending the driving
privileges, vehicle registration, or both, of the person
failing to satisfy the fines or penalties imposed by the
Authority.
(g) A person may request an administrative hearing to
contest an impending suspension or a suspension made pursuant
to this Section upon filing a written request with the
Secretary. The filing fee for this hearing is $20, to be paid
at the time of the request. The Authority shall reimburse the
Secretary for all reasonable costs incurred by the Secretary as
a result of the filing of a certified report pursuant to this
Section, including, but not limited to, the costs of providing
notice required pursuant to subsection (b) and the costs
incurred by the Secretary in any hearing conducted with respect
to the report pursuant to this subsection and any appeal from
that hearing.
(h) The Secretary and the Authority may promulgate rules to
enable them to carry out their duties under this Section.
(i) The Authority shall cooperate with the Secretary in the
administration of this Section and shall provide the Secretary
with any information the Secretary may deem necessary for these
purposes, including regular and timely access to toll violation
enforcement records.
The Secretary shall cooperate with the Authority in the

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administration of this Section and shall provide the Authority
with any information the Authority may deem necessary for the
purposes of this Section, including regular and timely access
to vehicle registration records. Section 2-123 of this Code
shall not apply to the provision of this information, but the
Secretary shall be reimbursed for the cost of providing this
information.
(j) For purposes of this Section, the term "Authority"
means the Illinois State Toll Highway Authority.
(Source: P.A. 91-277, eff. 1-1-00.)
(625 ILCS 5/6-201)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
1. was not entitled to the issuance thereof hereunder;
or
2. failed to give the required or correct information
in his application; or
3. (blank); or failed to pay any fees, civil penalties
owed to the Illinois Commerce Commission, or taxes due
under this Act and upon reasonable notice and demand; or
4. committed any fraud in the making of such
application; or
5. is ineligible therefor under the provisions of
Section 6-103 of this Act, as amended; or

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6. has refused or neglected to submit an alcohol, drug,
and intoxicating compound evaluation or to submit to
examination or re-examination as required under this Act;
or
7. has been convicted of violating the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Use of Intoxicating Compounds Act while that individual
was in actual physical control of a motor vehicle. For
purposes of this Section, any person placed on probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
shall not be considered convicted. Any person found guilty
of this offense, while in actual physical control of a
motor vehicle, shall have an entry made in the court record
by the judge that this offense did occur while the person
was in actual physical control of a motor vehicle and order
the clerk of the court to report the violation to the
Secretary of State as such. After the cancellation, the
Secretary of State shall not issue a new license or permit
for a period of one year after the date of cancellation.
However, 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

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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 transportation for
the petitioner or a household member of the petitioner's
family for the receipt of necessary medical care, or
provide transportation for the petitioner to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or for the
petitioner to attend classes, as a student, in an
accredited educational institution. The petitioner must
demonstrate that no alternative means of transportation is
reasonably available; 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 such restricted driving
permit. In each case the Secretary of State may issue such
restricted driving permit for such period as he deems
appropriate, except that such permit shall expire within
one year from the date of issuance. A restricted driving
permit issued hereunder 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
hereunder 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

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cancellation of a restricted driving permit. The Secretary
of State may, as a condition to the issuance of a
restricted driving permit, require the applicant to
participate in a driver remedial or rehabilitative
program. 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 this Code; or
8. failed to submit a report as required by Section
6-116.5 of this Code; or
9. (blank); or has been convicted of a sex offense as
defined in the Sex Offender Registration Act. The driver's
license shall remain cancelled until the driver registers
as a sex offender as required by the Sex Offender
Registration Act, proof of the registration is furnished to
the Secretary of State and the sex offender provides proof
of current address to the Secretary; or
10. is ineligible for a license or permit under Section
6-107, 6-107.1, or 6-108 of this Code; or
11. refused or neglected to appear at a Driver Services
facility to have the license or permit corrected and a new
license or permit issued or to present documentation for
verification of identity; or
12. failed to submit a medical examiner's certificate
or medical variance as required by 49 C.F.R. 383.71 or

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

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19. has assisted an out-of-state resident in acquiring
an Illinois driver's license or identification card by
providing or allowing the out-of-state resident to use his
or her Illinois address of residence and is complicit in
distributing and forwarding the Illinois driver's license
or identification card to the out-of-state resident.
(b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1, the
Secretary of State shall have exclusive authority to grant,
issue, deny, cancel, suspend and revoke driving privileges,
drivers' licenses and restricted driving permits.
(c-5) A person whose driver's license was cancelled under
paragraph (9) of subsection (a) of this Section before the
effective date of this amendatory Act of the 100th General
Assembly and remains cancelled shall have his or her driver's
license reinstated.
(d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 100-409, eff. 8-25-17.)
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When court to forward license and reports.
(a) For the purpose of providing to the Secretary of State
the records essential to the performance of the Secretary's

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duties under this Code to cancel, revoke or suspend the
driver's license and privilege to drive motor vehicles of
certain minors adjudicated truant minors in need of
supervision, addicted, or delinquent and of persons found
guilty of the criminal offenses or traffic violations which
this Code recognizes as evidence relating to unfitness to
safely operate motor vehicles, the following duties are imposed
upon public officials:
(1) Whenever any person is convicted of any offense for
which this Code makes mandatory the cancellation or
revocation of the driver's license or permit of such person
by the Secretary of State, the judge of the court in which
such conviction is had shall require the surrender to the
clerk of the court of all driver's licenses or permits then
held by the person so convicted, and the clerk of the court
shall, within 5 days thereafter, forward the same, together
with a report of such conviction, to the Secretary.
(2) Whenever any person is convicted of any offense
under this Code or similar offenses under a municipal
ordinance, other than regulations governing standing,
parking or weights of vehicles, and excepting the following
enumerated Sections of this Code: Sections 11-1406
(obstruction to driver's view or control), 11-1407
(improper opening of door into traffic), 11-1410 (coasting
on downgrade), 11-1411 (following fire apparatus),
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving

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vehicle which is in unsafe condition or improperly
equipped), 12-201(a) (daytime lights on motorcycles),
12-202 (clearance, identification and side marker lamps),
12-204 (lamp or flag on projecting load), 12-205 (failure
to display the safety lights required), 12-401
(restrictions as to tire equipment), 12-502 (mirrors),
12-503 (windshields must be unobstructed and equipped with
wipers), 12-601 (horns and warning devices), 12-602
(mufflers, prevention of noise or smoke), 12-603 (seat
safety belts), 12-702 (certain vehicles to carry flares or
other warning devices), 12-703 (vehicles for oiling roads
operated on highways), 12-710 (splash guards and
replacements), 13-101 (safety tests), 15-101 (size, weight
and load), 15-102 (width), 15-103 (height), 15-104 (name
and address on second division vehicles), 15-107 (length of
vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
15-112 (weights), 15-301 (weights), 15-316 (weights),
15-318 (weights), and also excepting the following
enumerated Sections of the Chicago Municipal Code:
Sections 27-245 (following fire apparatus), 27-254
(obstruction of traffic), 27-258 (driving vehicle which is
in unsafe condition), 27-259 (coasting on downgrade),
27-264 (use of horns and signal devices), 27-265
(obstruction to driver's view or driver mechanism), 27-267
(dimming of headlights), 27-268 (unattended motor
vehicle), 27-272 (illegal funeral procession), 27-273

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(funeral procession on boulevard), 27-275 (driving freight
hauling vehicles on boulevard), 27-276 (stopping and
standing of buses or taxicabs), 27-277 (cruising of public
passenger vehicles), 27-305 (parallel parking), 27-306
(diagonal parking), 27-307 (parking not to obstruct
traffic), 27-308 (stopping, standing or parking
regulated), 27-311 (parking regulations), 27-312 (parking
regulations), 27-313 (parking regulations), 27-314
(parking regulations), 27-315 (parking regulations),
27-316 (parking regulations), 27-317 (parking
regulations), 27-318 (parking regulations), 27-319
(parking regulations), 27-320 (parking regulations),
27-321 (parking regulations), 27-322 (parking
regulations), 27-324 (loading and unloading at an angle),
27-333 (wheel and axle loads), 27-334 (load restrictions in
the downtown district), 27-335 (load restrictions in
residential areas), 27-338 (width of vehicles), 27-339
(height of vehicles), 27-340 (length of vehicles), 27-352
(reflectors on trailers), 27-353 (mufflers), 27-354
(display of plates), 27-355 (display of city vehicle tax
sticker), 27-357 (identification of vehicles), 27-358
(projecting of loads), and also excepting the following
enumerated paragraphs of Section 2-201 of the Rules and
Regulations of the Illinois State Toll Highway Authority:
(l) (driving unsafe vehicle on tollway), (m) (vehicles
transporting dangerous cargo not properly indicated), it

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shall be the duty of the clerk of the court in which such
conviction is had within 5 days thereafter to forward to
the Secretary of State a report of the conviction and the
court may recommend the suspension of the driver's license
or permit of the person so convicted.
The reporting requirements of this subsection shall
apply to all violations stated in paragraphs (1) and (2) of
this subsection when the individual has been adjudicated
under the Juvenile Court Act or the Juvenile Court Act of
1987. Such reporting requirements shall also apply to
individuals adjudicated under the Juvenile Court Act or the
Juvenile Court Act of 1987 who have committed a violation
of Section 11-501 of this Code, or similar provision of a
local ordinance, or Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012, relating to the offense
of reckless homicide, or Section 5-7 of the Snowmobile
Registration and Safety Act or Section 5-16 of the Boat
Registration and Safety Act, relating to the offense of
operating a snowmobile or a watercraft while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or combination thereof. These
reporting requirements also apply to individuals
adjudicated under the Juvenile Court Act of 1987 based on
any 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, if those

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activities and that involved the operation or use of a
motor vehicle or the use of a driver's license or permit.
The reporting requirements of this subsection shall also
apply to a truant minor in need of supervision, an addicted
minor, or a delinquent minor and whose driver's license and
privilege to drive a motor vehicle has been ordered
suspended for such times as determined by the court, but
only until he or she attains 18 years of age. It shall be
the duty of the clerk of the court in which adjudication is
had within 5 days thereafter to forward to the Secretary of
State a report of the adjudication and the court order
requiring the Secretary of State to suspend the minor's
driver's license and driving privilege for such time as
determined by the court, but only until he or she attains
the age of 18 years. All juvenile court dispositions
reported to the Secretary of State under this provision
shall be processed by the Secretary of State as if the
cases had been adjudicated in traffic or criminal court.
However, information reported relative to the offense of
reckless homicide, or Section 11-501 of this Code, or a
similar provision of a local ordinance, shall be privileged
and available only to the Secretary of State, courts, and
police officers.
The reporting requirements of this subsection (a)
apply to all violations listed in paragraphs (1) and (2) of
this subsection (a), excluding parking violations, when

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the driver holds a CLP or CDL, regardless of the type of
vehicle in which the violation occurred, or when any driver
committed the violation in a commercial motor vehicle as
defined in Section 6-500 of this Code.
(3) Whenever an order is entered vacating the
forfeiture of any bail, security or bond given to secure
appearance for any offense under this Code or similar
offenses under municipal ordinance, it shall be the duty of
the clerk of the court in which such vacation was had or
the judge of such court if such court has no clerk, within
5 days thereafter to forward to the Secretary of State a
report of the vacation.
(4) A report of any disposition of court supervision
for a violation of Sections 6-303, 11-401, 11-501 or a
similar provision of a local ordinance, 11-503, 11-504, and
11-506 of this Code, Section 5-7 of the Snowmobile
Registration and Safety Act, and Section 5-16 of the Boat
Registration and Safety Act shall be forwarded to the
Secretary of State. A report of any disposition of court
supervision for a violation of an offense defined as a
serious traffic violation in this Code or a similar
provision of a local ordinance committed by a person under
the age of 21 years shall be forwarded to the Secretary of
State.
(5) Reports of conviction under this Code and
sentencing hearings under the Juvenile Court Act of 1987 in

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an electronic format or a computer processible medium shall
be forwarded to the Secretary of State via the Supreme
Court in the form and format required by the Illinois
Supreme Court and established by a written agreement
between the Supreme Court and the Secretary of State. In
counties with a population over 300,000, instead of
forwarding reports to the Supreme Court, reports of
conviction under this Code and sentencing hearings under
the Juvenile Court Act of 1987 in an electronic format or a
computer processible medium may be forwarded to the
Secretary of State by the Circuit Court Clerk in a form and
format required by the Secretary of State and established
by written agreement between the Circuit Court Clerk and
the Secretary of State. Failure to forward the reports of
conviction or sentencing hearing under the Juvenile Court
Act of 1987 as required by this Section shall be deemed an
omission of duty and it shall be the duty of the several
State's Attorneys to enforce the requirements of this
Section.
(b) Whenever a restricted driving permit is forwarded to a
court, as a result of confiscation by a police officer pursuant
to the authority in Section 6-113(f), it shall be the duty of
the clerk, or judge, if the court has no clerk, to forward such
restricted driving permit and a facsimile of the officer's
citation to the Secretary of State as expeditiously as
practicable.

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(c) For the purposes of this Code, a forfeiture of bail or
collateral deposited to secure a defendant's appearance in
court when forfeiture has not been vacated, or the failure of a
defendant to appear for trial after depositing his driver's
license in lieu of other bail, shall be equivalent to a
conviction.
(d) For the purpose of providing the Secretary of State
with records necessary to properly monitor and assess driver
performance and assist the courts in the proper disposition of
repeat traffic law offenders, the clerk of the court shall
forward to the Secretary of State, on a form prescribed by the
Secretary, records of a driver's participation in a driver
remedial or rehabilitative program which was required, through
a court order or court supervision, in relation to the driver's
arrest for a violation of Section 11-501 of this Code or a
similar provision of a local ordinance. The clerk of the court
shall also forward to the Secretary, either on paper or in an
electronic format or a computer processible medium as required
under paragraph (5) of subsection (a) of this Section, any
disposition of court supervision for any traffic violation,
excluding those offenses listed in paragraph (2) of subsection
(a) of this Section. These reports shall be sent within 5 days
after disposition, or, if the driver is referred to a driver
remedial or rehabilitative program, within 5 days of the
driver's referral to that program. These reports received by
the Secretary of State, including those required to be

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forwarded under paragraph (a)(4), shall be privileged
information, available only (i) to the affected driver, (ii) to
the parent or guardian of a person under the age of 18 years
holding an instruction permit or a graduated driver's license,
and (iii) for use by the courts, police officers, prosecuting
authorities, the Secretary of State, and the driver licensing
administrator of any other state. In accordance with 49 C.F.R.
Part 384, all reports of court supervision, except violations
related to parking, shall be forwarded to the Secretary of
State for all holders of a CLP or CDL or any driver who commits
an offense while driving a commercial motor vehicle. These
reports shall be recorded to the driver's record as a
conviction for use in the disqualification of the driver's
commercial motor vehicle privileges and shall not be privileged
information.
(Source: P.A. 100-74, eff. 8-11-17.)
(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit;
hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;

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2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code if the vehicle is set in motion;
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

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

HB5340 - 22 - LRB100 19517 LNS 34784 b
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. Violation of subsection (a) of Section 11-1414 of
this Code, or a similar provision of a local ordinance,
relating to the offense of overtaking or passing of a
school bus when the driver, in committing the violation, is
involved in a motor vehicle accident that results in death
to another and the violation is a proximate cause of the
death.

HB5340 - 23 - LRB100 19517 LNS 34784 b
(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
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

HB5340 - 24 - LRB100 19517 LNS 34784 b
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.
(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

HB5340 - 25 - LRB100 19517 LNS 34784 b
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
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.

HB5340 - 26 - LRB100 19517 LNS 34784 b
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 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

HB5340 - 27 - LRB100 19517 LNS 34784 b
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 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

HB5340 - 28 - LRB100 19517 LNS 34784 b
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 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
period has elapsed during which that person had his or her
driving privileges revoked or a 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

HB5340 - 29 - LRB100 19517 LNS 34784 b
cancelled, revoked, or suspended; except that a conviction upon
one or more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require the
petitioner to participate in a designated driver remedial or
rehabilitative program. The Secretary of State is authorized to
cancel a restricted driving permit if the permit holder does
not successfully complete the program. However, if an
individual's driving privileges have been revoked in
accordance with paragraph 13 of subsection (a) of this Section,
no restricted driving permit shall be issued until the
individual has served 6 months of the revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 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,

HB5340 - 30 - LRB100 19517 LNS 34784 b
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,
the person may never apply for a license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one-year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.

HB5340 - 31 - LRB100 19517 LNS 34784 b
(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 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

HB5340 - 32 - LRB100 19517 LNS 34784 b
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
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

HB5340 - 33 - LRB100 19517 LNS 34784 b
either a one-year period has elapsed during which that
person had his or her driving privileges revoked or a
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
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.

HB5340 - 34 - LRB100 19517 LNS 34784 b
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices 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

HB5340 - 35 - LRB100 19517 LNS 34784 b
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
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; 99-642, eff. 7-28-16;
100-223, eff. 8-18-17.)
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of

HB5340 - 36 - LRB100 19517 LNS 34784 b
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization

HB5340 - 37 - LRB100 19517 LNS 34784 b
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,

HB5340 - 38 - LRB100 19517 LNS 34784 b
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to criminal trespass to vehicles if the violation involves
operating the vehicle, in which case, the suspension shall
be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. (Blank); Has, since issuance of a driver's license
or permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;

HB5340 - 39 - LRB100 19517 LNS 34784 b
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic related offense that is
the same as or similar to an offense specified under
Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;

HB5340 - 40 - LRB100 19517 LNS 34784 b
27. (Blank); Has violated Section 6-16 of the Liquor
Control Act of 1934;
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute, promoting juvenile
prostitution as described in subdivision (a)(1), (a)(2),
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
or the Criminal Code of 2012, and the manufacture, sale or

HB5340 - 41 - LRB100 19517 LNS 34784 b
delivery of controlled substances or instruments used for
illegal drug use or abuse in which case the driver's
driving privileges shall be suspended for one year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting from
the unlawful use or consumption of cannabis as listed in
the Cannabis Control Act, a controlled substance as listed
in the Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to the aggravated discharge of a firearm if the offender
was located in a motor vehicle at the time the firearm was
discharged, in which case the suspension shall be for 3
years;
33. Has as a driver, who was less than 21 years of age

HB5340 - 42 - LRB100 19517 LNS 34784 b
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. (Blank); Has been convicted of a violation of
Section 6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state

HB5340 - 43 - LRB100 19517 LNS 34784 b
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. (Blank); Has received a disposition of court
supervision for a violation of subsection (a), (d), or (e)
of Section 6-20 of the Liquor Control Act of 1934 or a
similar provision of a local ordinance, in which case the
suspension shall be for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. (Blank); Has committed a violation of subsection
(j) of Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of

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

HB5340 - 45 - LRB100 19517 LNS 34784 b
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the

HB5340 - 46 - LRB100 19517 LNS 34784 b
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order of
suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or

HB5340 - 47 - LRB100 19517 LNS 34784 b
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. The petitioner must demonstrate that no
alternative means of transportation is reasonably available
and that the petitioner will not endanger the public safety or
welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 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.
(B) If 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

HB5340 - 48 - LRB100 19517 LNS 34784 b
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 under Section 6-203.1;
arising out of separate occurrences; that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(B-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
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the use
of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(D) If the restricted driving permit is issued for

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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
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 period has elapsed
during which that person had his or her driving privileges
revoked or a 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.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except that
all permits shall expire within one year from the date of
issuance. 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

HB5340 - 50 - LRB100 19517 LNS 34784 b
cancellation of a restricted driving permit. The Secretary
of State may, as a condition to the issuance of a
restricted driving permit, require the applicant to
participate in a designated driver remedial or
rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.
(F) 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:
(i) 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
(ii) the successful completion of any

HB5340 - 51 - LRB100 19517 LNS 34784 b
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 subparagraph (F), the
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 under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) 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
Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle that
is not equipped with an ignition interlock device, or for

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any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.

HB5340 - 53 - LRB100 19517 LNS 34784 b
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
99-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
(625 ILCS 5/6-209.1 new)
Sec. 6-209.1. Restoration of driving privileges;
suspension; cancellation. The Secretary shall rescind the

HB5340 - 54 - LRB100 19517 LNS 34784 b
suspension or cancellation of a person's driver's license that
has been suspended or cancelled prior to the effective date of
this amendatory Act of the 100th General Assembly due to:
(1) a conviction of theft of motor fuel under Section 16-25
or 16K-15 of the Criminal Code of 1961 or the Criminal Code of
2012;
(2) the person, since the issuance of the driver's license,
being adjudged to be afflicted with or suffering from any
mental disability or disease;
(3) a violation of Section 6-16 or 6-20 of the Liquor
Control Act of 1934 or a similar provision of a local
ordinance;
(4) the person receiving a disposition of court supervision
for a violation of subsection (a), (b), or (c) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of a
local ordinance;
(5) a violation of subsection (j) of Section 3-413 of this
Code;
(6) the person failing to pay any fine or penalty due or
owing as a result of 10 or more violations of a municipality's
or county's vehicular standing, parking, or compliance
regulations established by ordinance under Section 11-208.3 of
this Code;
(7) the person failing to satisfy any fine or penalty
resulting from a final order issued by the Authority relating
directly or indirectly to 5 or more toll violations, toll

HB5340 - 55 - LRB100 19517 LNS 34784 b
evasions, or both; or
(8) a conviction of a sex offense as defined in the Sex
Offender Registration Act.
(625 ILCS 5/6-213 new)
Sec. 6-213. Rescinding suspension. A person whose driver's
license was suspended under Section 6-205.2 of this Code,
paragraphs (18), (27), (38), (43) or (46) of subsection (a) of
Section 6-206 of this Code, Section 6-306.5 of this Code
relating to 10 or more unpaid vehicular standing, parking, or
compliance regulations, or Section 6-306.7 of this Code before
the effective date of this amendatory Act of the 100th General
Assembly and remains suspended shall have his or her driver's
license suspension rescinded.
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, automated speed enforcement system, or
automated traffic law violations; suspension of driving
privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality or county
stating that the owner of a registered vehicle: (1) has failed
to pay any fine or penalty due and owing as a result of 10 or
more violations of a municipality's or county's vehicular
standing, parking, or compliance regulations established by

HB5340 - 56 - LRB100 19517 LNS 34784 b
ordinance pursuant to Section 11-208.3 of this Code, (2) has
failed to pay any fine or penalty due and owing as a result of 5
offenses for automated speed enforcement system violations or
automated traffic violations as defined in Sections 11-208.6,
11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
(3) is more than 14 days in default of a payment plan pursuant
to which a suspension had been terminated under subsection (c)
of this Section, the Secretary of State shall suspend the
driving privileges of such person in accordance with the
procedures set forth in this Section. The Secretary shall also
suspend the driving privileges of an owner of a registered
vehicle upon receipt of a certified report, as prescribed by
subsection (f) of this Section, from any municipality or county
stating that such person has failed to satisfy any fines or
penalties imposed by final judgments for 5 or more automated
speed enforcement system or automated traffic law violations,
or combination thereof, or 10 or more violations of local
standing, parking, or compliance regulations after exhaustion
of judicial review procedures.
(b) Following receipt of the certified report of the
municipality or county as specified in this Section, the
Secretary of State shall notify the person whose name appears
on the certified report that the person's drivers license will
be suspended at the end of a specified period of time unless
the Secretary of State is presented with a notice from the
municipality or county certifying that the fine or penalty due

HB5340 - 57 - LRB100 19517 LNS 34784 b
and owing the municipality or county has been paid or that
inclusion of that person's name on the certified report was in
error. The Secretary's notice shall state in substance the
information contained in the municipality's or county's
certified report to the Secretary, and shall be effective as
specified by subsection (c) of Section 6-211 of this Code.
(c) The report of the appropriate municipal or county
official notifying the Secretary of State of unpaid fines or
penalties pursuant to this Section shall be certified and shall
contain the following:
(1) The name, last known address as recorded with the
Secretary of State, as provided by the lessor of the cited
vehicle at the time of lease, or as recorded in a United
States Post Office approved database if any notice sent
under Section 11-208.3 of this Code is returned as
undeliverable, and drivers license number of the person who
failed to pay the fine or penalty or who has defaulted in a
payment plan and the registration number of any vehicle
known to be registered to such person in this State.
(2) The name of the municipality or county making the
report pursuant to this Section.
(3) A statement that the municipality or county sent a
notice of impending drivers license suspension as
prescribed by ordinance enacted pursuant to Section
11-208.3 of this Code or a notice of default in a payment
plan, to the person named in the report at the address

HB5340 - 58 - LRB100 19517 LNS 34784 b
recorded with the Secretary of State or at the last address
known to the lessor of the cited vehicle at the time of
lease or, if any notice sent under Section 11-208.3 of this
Code is returned as undeliverable, at the last known
address recorded in a United States Post Office approved
database; the date on which such notice was sent; and the
address to which such notice was sent. In a municipality or
county with a population of 1,000,000 or more, the report
shall also include a statement that the alleged violator's
State vehicle registration number and vehicle make, if
specified on the automated speed enforcement system
violation or automated traffic law violation notice, are
correct as they appear on the citations.
(4) A unique identifying reference number for each
request of suspension sent whenever a person has failed to
pay the fine or penalty or has defaulted on a payment plan.
(d) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall notify
the Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has paid the
previously reported fine or penalty, whenever a person named in
the certified report has entered into a payment plan pursuant
to which the municipality or county has agreed to terminate the
suspension, or whenever the municipality or county determines
that the original report was in error. A certified copy of such
notification shall also be given upon request and at no

HB5340 - 59 - LRB100 19517 LNS 34784 b
additional charge to the person named therein. Upon receipt of
the municipality's or county's notification or presentation of
a certified copy of such notification, the Secretary of State
shall terminate the suspension.
(e) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall also by
ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving 10 or more standing, parking, or
compliance violation notices or a combination of 5 or more
automated speed enforcement system or automated traffic law
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the
10 or more standing, parking, or compliance violations or
combination of 5 or more automated speed enforcement system or
automated traffic law violations indicated on the certified
report.
(f) Any municipality or county, other than a municipality
or county establishing vehicular standing, parking, and
compliance regulations pursuant to Section 11-208.3, automated
speed enforcement system regulations under Section 11-208.8,
or automated traffic law regulations under Section 11-208.6,
11-208.9, or 11-1201.1, may also cause a suspension of a
person's drivers license pursuant to this Section. Such

HB5340 - 60 - LRB100 19517 LNS 34784 b
municipality or county may invoke this sanction by making a
certified report to the Secretary of State upon a person's
failure to satisfy any fine or penalty imposed by final
judgment for 10 or more violations of local standing, parking,
or compliance regulations or a combination of 5 or more
automated speed enforcement system or automated traffic law
violations after exhaustion of judicial review procedures, but
only if:
(1) the municipality or county complies with the
provisions of this Section in all respects except in regard
to enacting an ordinance pursuant to Section 11-208.3;
(2) the municipality or county has sent a notice of
impending drivers license suspension as prescribed by an
ordinance enacted pursuant to subsection (g) of this
Section; and
(3) in municipalities or counties with a population of
1,000,000 or more, the municipality or county has verified
that the alleged violator's State vehicle registration
number and vehicle make are correct as they appear on the
citations.
(g) Any municipality or county, other than a municipality
or county establishing standing, parking, and compliance
regulations pursuant to Section 11-208.3, automated speed
enforcement system regulations under Section 11-208.8, or
automated traffic law regulations under Section 11-208.6,
11-208.9, or 11-1201.1, may provide by ordinance for the

HB5340 - 61 - LRB100 19517 LNS 34784 b
sending of a notice of impending drivers license suspension to
the person who has failed to satisfy any fine or penalty
imposed by final judgment for 10 or more violations of local
standing, parking, or compliance regulations or a combination
of 5 or more automated speed enforcement system or automated
traffic law violations after exhaustion of judicial review
procedures. An ordinance so providing shall specify that the
notice sent to the person liable for any fine or penalty shall
state that failure to pay the fine or penalty owing within 45
days of the notice's date will result in the municipality or
county notifying the Secretary of State that the person's
drivers license is eligible for suspension pursuant to this
Section. The notice of impending drivers license suspension
shall be sent by first class United States mail, postage
prepaid, to the address recorded with the Secretary of State or
at the last address known to the lessor of the cited vehicle at
the time of lease or, if any notice sent under Section 11-208.3
of this Code is returned as undeliverable, to the last known
address recorded in a United States Post Office approved
database.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may be
had upon filing a written request with the Secretary of State.
The filing fee for this hearing shall be $20, to be paid at the
time the request is made. A municipality or county which files
a certified report with the Secretary of State pursuant to this

HB5340 - 62 - LRB100 19517 LNS 34784 b
Section shall reimburse the Secretary for all reasonable costs
incurred by the Secretary as a result of the filing of the
report, including but not limited to the costs of providing the
notice required pursuant to subsection (b) and the costs
incurred by the Secretary in any hearing conducted with respect
to the report pursuant to this subsection and any appeal from
such a hearing.
(i) The provisions of this Section shall apply on and after
January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
98-556, eff. 1-1-14.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
described in this subsection, automated traffic law violations
as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
automated speed enforcement system violations as defined in
Section 11-208.8. The administrative system shall have as its

HB5340 - 63 - LRB100 19517 LNS 34784 b
purpose the fair and efficient enforcement of municipal or
county regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition
and use of vehicle equipment, and the display of municipal or
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to
adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, that occur after the effective date of the ordinance
adopting such a system under this Section. For purposes of this
Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute and process parking, compliance, and
automated speed enforcement system or automated traffic
law violation notices and other notices required by this
Section, collect money paid as fines and penalties for
violation of parking and compliance ordinances and
automated speed enforcement system or automated traffic
law violations, and operate an administrative adjudication

HB5340 - 64 - LRB100 19517 LNS 34784 b
system. The traffic compliance administrator also may make
a certified report to the Secretary of State under Section
6-306.5.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation
notice that shall specify the date, time, and place of
violation of a parking, standing, compliance, automated
speed enforcement system, or automated traffic law
regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make and state registration number; and the
identification number of the person issuing the notice.
With regard to automated speed enforcement system or
automated traffic law violations, vehicle make shall be
specified on the automated speed enforcement system or
automated traffic law violation notice if the make is
available and readily discernible. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number or vehicle make
specified is incorrect. The violation notice shall state
that the completion of any required traffic education
program, the payment of any indicated fine, and the payment

HB5340 - 65 - LRB100 19517 LNS 34784 b
of any applicable penalty for late payment or failure to
complete a required traffic education program, or both,
shall operate as a final disposition of the violation. The
notice also shall contain information as to the
availability of a hearing in which the violation may be
contested on its merits. The violation notice shall specify
the time and manner in which a hearing may be had.
(3) Service of the parking, standing, or compliance
violation notice by affixing the original or a facsimile of
the notice to an unlawfully parked vehicle or by handing
the notice to the operator of a vehicle if he or she is
present and service of an automated speed enforcement
system or automated traffic law violation notice by mail to
the address of the registered owner or lessee of the cited
vehicle as recorded with the Secretary of State or the
lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the violation, except that in the case of a lessee of
a motor vehicle, service of an automated traffic law
violation notice may occur no later than 210 days after the
violation. A person authorized by ordinance to issue and
serve parking, standing, and compliance violation notices
shall certify as to the correctness of the facts entered on
the violation notice by signing his or her name to the

HB5340 - 66 - LRB100 19517 LNS 34784 b
notice at the time of service or in the case of a notice
produced by a computerized device, by signing a single
certificate to be kept by the traffic compliance
administrator attesting to the correctness of all notices
produced by the device while it was under his or her
control. In the case of an automated traffic law violation,
the ordinance shall require a determination by a technician
employed or contracted by the municipality or county that,
based on inspection of recorded images, the motor vehicle
was being operated in violation of Section 11-208.6,
11-208.9, or 11-1201.1 or a local ordinance. If the
technician determines that the vehicle entered the
intersection as part of a funeral procession or in order to
yield the right-of-way to an emergency vehicle, a citation
shall not be issued. In municipalities with a population of
less than 1,000,000 inhabitants and counties with a
population of less than 3,000,000 inhabitants, the
automated traffic law ordinance shall require that all
determinations by a technician that a motor vehicle was
being operated in violation of Section 11-208.6, 11-208.9,
or 11-1201.1 or a local ordinance must be reviewed and
approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation. In municipalities with a population of
1,000,000 or more inhabitants and counties with a
population of 3,000,000 or more inhabitants, the automated

HB5340 - 67 - LRB100 19517 LNS 34784 b
traffic law ordinance shall require that all
determinations by a technician that a motor vehicle was
being operated in violation of Section 11-208.6, 11-208.9,
or 11-1201.1 or a local ordinance must be reviewed and
approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation or by an additional fully-trained reviewing
technician who is not employed by the contractor who
employs the technician who made the initial determination.
In the case of an automated speed enforcement system
violation, the ordinance shall require a determination by a
technician employed by the municipality, based upon an
inspection of recorded images, video or other
documentation, including documentation of the speed limit
and automated speed enforcement signage, and documentation
of the inspection, calibration, and certification of the
speed equipment, that the vehicle was being operated in
violation of Article VI of Chapter 11 of this Code or a
similar local ordinance. If the technician determines that
the vehicle speed was not determined by a calibrated,
certified speed equipment device based upon the speed
equipment documentation, or if the vehicle was an emergency
vehicle, a citation may not be issued. The automated speed
enforcement ordinance shall require that all
determinations by a technician that a violation occurred be
reviewed and approved by a law enforcement officer or

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retired law enforcement officer of the municipality
issuing the violation or by an additional fully trained
reviewing technician who is not employed by the contractor
who employs the technician who made the initial
determination. Routine and independent calibration of the
speeds produced by automated speed enforcement systems and
equipment shall be conducted annually by a qualified
technician. Speeds produced by an automated speed
enforcement system shall be compared with speeds produced
by lidar or other independent equipment. Radar or lidar
equipment shall undergo an internal validation test no less
frequently than once each week. Qualified technicians
shall test loop based equipment no less frequently than
once a year. Radar equipment shall be checked for accuracy
by a qualified technician when the unit is serviced, when
unusual or suspect readings persist, or when deemed
necessary by a reviewing technician. Radar equipment shall
be checked with the internal frequency generator and the
internal circuit test whenever the radar is turned on.
Technicians must be alert for any unusual or suspect
readings, and if unusual or suspect readings of a radar
unit persist, that unit shall immediately be removed from
service and not returned to service until it has been
checked by a qualified technician and determined to be
functioning properly. Documentation of the annual
calibration results, including the equipment tested, test

HB5340 - 69 - LRB100 19517 LNS 34784 b
date, technician performing the test, and test results,
shall be maintained and available for use in the
determination of an automated speed enforcement system
violation and issuance of a citation. The technician
performing the calibration and testing of the automated
speed enforcement equipment shall be trained and certified
in the use of equipment for speed enforcement purposes.
Training on the speed enforcement equipment may be
conducted by law enforcement, civilian, or manufacturer's
personnel and if applicable may be equivalent to the
equipment use and operations training included in the Speed
Measuring Device Operator Program developed by the
National Highway Traffic Safety Administration (NHTSA).
The vendor or technician who performs the work shall keep
accurate records on each piece of equipment the technician
calibrates and tests. As used in this paragraph,
"fully-trained reviewing technician" means a person who
has received at least 40 hours of supervised training in
subjects which shall include image inspection and
interpretation, the elements necessary to prove a
violation, license plate identification, and traffic
safety and management. In all municipalities and counties,
the automated speed enforcement system or automated
traffic law ordinance shall require that no additional fee
shall be charged to the alleged violator for exercising his
or her right to an administrative hearing, and persons

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shall be given at least 25 days following an administrative
hearing to pay any civil penalty imposed by a finding that
Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
similar local ordinance has been violated. The original or
a facsimile of the violation notice or, in the case of a
notice produced by a computerized device, a printed record
generated by the device showing the facts entered on the
notice, shall be retained by the traffic compliance
administrator, and shall be a record kept in the ordinary
course of business. A parking, standing, compliance,
automated speed enforcement system, or automated traffic
law violation notice issued, signed and served in
accordance with this Section, a copy of the notice, or the
computer generated record shall be prima facie correct and
shall be prima facie evidence of the correctness of the
facts shown on the notice. The notice, copy, or computer
generated record shall be admissible in any subsequent
administrative or legal proceedings.
(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,
compliance, automated speed enforcement system, or
automated traffic law violation notice in which the owner
may contest the merits of the alleged violation, and during
which formal or technical rules of evidence shall not
apply; provided, however, that under Section 11-1306 of
this Code the lessee of a vehicle cited in the violation

HB5340 - 71 - LRB100 19517 LNS 34784 b
notice likewise shall be provided an opportunity for a
hearing of the same kind afforded the registered owner. The
hearings shall be recorded, and the person conducting the
hearing on behalf of the traffic compliance administrator
shall be empowered to administer oaths and to secure by
subpoena both the attendance and testimony of witnesses and
the production of relevant books and papers. Persons
appearing at a hearing under this Section may be
represented by counsel at their expense. The ordinance may
also provide for internal administrative review following
the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 or subsection (p) of Section
11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
of this Code, to the lessee of the cited vehicle at the
last address known to the lessor of the cited vehicle at
the time of lease or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
The service shall be deemed complete as of the date of
deposit in the United States mail. The notices shall be in

HB5340 - 72 - LRB100 19517 LNS 34784 b
the following sequence and shall include but not be limited
to the information specified herein:
(i) A second notice of parking, standing, or
compliance violation. This notice shall specify the
date and location of the violation cited in the
parking, standing, or compliance violation notice, the
particular regulation violated, the vehicle make and
state registration number, any requirement to complete
a traffic education program, the fine and any penalty
that may be assessed for late payment or failure to
complete a traffic education program, or both, when so
provided by ordinance, the availability of a hearing in
which the violation may be contested on its merits, and
the time and manner in which the hearing may be had.
The notice of violation shall also state that failure
to complete a required traffic education program, to
pay the indicated fine and any applicable penalty, or
to appear at a hearing on the merits in the time and
manner specified, will result in a final determination
of violation liability for the cited violation in the
amount of the fine or penalty indicated, and that, upon
the occurrence of a final determination of violation
liability for the failure, and the exhaustion of, or
failure to exhaust, available administrative or
judicial procedures for review, any incomplete traffic
education program or any unpaid fine or penalty, or

HB5340 - 73 - LRB100 19517 LNS 34784 b
both, will constitute a debt due and owing the
municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or
county. The notice shall contain warnings that failure
to complete any required traffic education program or
to pay any fine or penalty due and owing the
municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by
this Section, or, where applicable, may result in
suspension of the person's drivers license for failure
to complete a traffic education program or to pay fines
or penalties, or both, for 10 or more parking
violations under Section 6-306.5, or a combination of 5

HB5340 - 74 - LRB100 19517 LNS 34784 b
or more automated traffic law violations under Section
11-208.6 or 11-208.9 or automated speed enforcement
system violations under Section 11-208.8.
(6) A notice of impending drivers license suspension.
This notice shall be sent to the person liable for failure
to complete a required traffic education program or to pay
any fine or penalty that remains due and owing, or both, on
10 or more parking violations or combination of 5 or more
unpaid automated speed enforcement system or automated
traffic law violations. The notice shall state that failure
to complete a required traffic education program or to pay
the fine or penalty owing, or both, within 45 days of the
notice's date will result in the municipality or county
notifying the Secretary of State that the person is
eligible for initiation of suspension proceedings under
Section 6-306.5 of this Code. The notice shall also state
that the person may obtain a photostatic copy of an
original ticket imposing a fine or penalty by sending a
self addressed, stamped envelope to the municipality or
county along with a request for the photostatic copy. The
notice of impending drivers license suspension shall be
sent by first class United States mail, postage prepaid, to
the address recorded with the Secretary of State or, if any
notice to that address is returned as undeliverable, to the
last known address recorded in a United States Post Office
approved database.

HB5340 - 75 - LRB100 19517 LNS 34784 b
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.
(8) A petition to set aside a determination of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability that may be
filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may also
be filed by a person required to complete a traffic
education program. The petition shall be filed with and
ruled upon by the traffic compliance administrator in the
manner and within the time specified by ordinance. The
grounds for the petition may be limited to: (A) the person
not having been the owner or lessee of the cited vehicle on
the date the violation notice was issued, (B) the person

HB5340 - 76 - LRB100 19517 LNS 34784 b
having already completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking
violation if the state registration number, or vehicle make
if specified, is incorrect. After the determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability has
been set aside upon a showing of just cause, the registered
owner shall be provided with a hearing on the merits for
that violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality or county
may contest the merits of the alleged violation without
attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,
provided, however, that the total amount of the fine and
penalty for any one violation shall not exceed $250, except
as provided in subsection (c) of Section 11-1301.3 of this

HB5340 - 77 - LRB100 19517 LNS 34784 b
Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated in
this Section.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this Section
may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle has
accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of

HB5340 - 78 - LRB100 19517 LNS 34784 b
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, for which
final determinations have been issued. An order issued
after the hearing is a final administrative decision within
the meaning of Section 3-101 of the Code of Civil
Procedure.
(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall be
subject to the provisions of the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the

HB5340 - 79 - LRB100 19517 LNS 34784 b
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
automated speed enforcement system, or automated traffic law
violation shall constitute a final disposition of that
violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality or
county may commence a proceeding in the Circuit Court for
purposes of obtaining a judgment on the final determination of
violation. Nothing in this Section shall prevent a municipality
or county from consolidating multiple final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations against a person in
a proceeding. Upon commencement of the action, the municipality
or county shall file a certified copy or record of the final
determination of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violation,
which shall be accompanied by a certification that recites
facts sufficient to show that the final determination of
violation was issued in accordance with this Section and the
applicable municipal or county ordinance. Service of the

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summons and a copy of the petition may be by any method
provided by Section 2-203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the
total amount of fines and penalties for final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations does not exceed
$2500. If the court is satisfied that the final determination
of parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal or county ordinance, and that the
registered owner or the lessee, as the case may be, had an
opportunity for an administrative hearing and for judicial
review as provided in this Section, the court shall render
judgment in favor of the municipality or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation, plus costs. The judgment shall have the same effect
and may be enforced in the same manner as other judgments for
the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under

HB5340 - 81 - LRB100 19517 LNS 34784 b
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,
eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
(625 ILCS 5/6-205.2 rep.)
(625 ILCS 5/6-306.7 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Sections 6-205.2 and 6-306.7.
Section 99. Effective date. This Act takes effect upon
becoming law.
HB5340 - 82 - LRB100 19517 LNS 34784 b
INDEX
Statutes amended in order of appearance