Bill Text: IL HB5720 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Illinois Vehicle Code. Provides that whenever any person has been found guilty of, received a disposition pursuant to the provisions of the Juvenile Court Act of 1987 for, or received a disposition of court supervision for a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, 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, and the clerk of the court shall, within 5 days, forward the licenses, together with a report of such conviction, to the Secretary of State. Provides that the Secretary of State may suspend the driving privileges of a person for such a violation for a period of 6 months for a first offense and a year for a second or subsequent offense within 5 years, and provides that, in either case, the court may order the Secretary of State to issue a judicial driving permit if certain conditions are met.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-26 - Rule 19(a) / Re-referred to Rules Committee [HB5720 Detail]

Download: Illinois-2009-HB5720-Engrossed.html

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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 5. The Illinois Vehicle Code is amended by changing
Sections 6-204 and 6-206 as follows:
(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
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

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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
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

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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
(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),

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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
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, as amended, relating

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to the offense of reckless homicide. 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,
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.

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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
the driver holds a 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 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.
(6) Whenever any person has been found guilty of,
received a disposition of court supervision for, or
received a disposition pursuant to the provisions of the
Juvenile Court Act of 1987 for a violation of the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act, the
clerk of the court shall, within 5 days thereafter, forward

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a report of such conviction to the Secretary.
(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.
(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

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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
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 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. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06;
95-201, eff. 1-1-08; 95-310, eff. 1-1-08; 95-337, eff. 6-1-08;
95-382, eff. 8-23-07; 95-876, eff. 8-21-08.)

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(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 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
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 death or
injury requiring immediate professional treatment in a

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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
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;

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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,
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 Act, 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 relating to criminal trespass to
vehicles 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

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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. 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;
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 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

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United States at a military installation in Illinois 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;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted 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, and any driver who is convicted of a second or
subsequent offense, within 5 years of a previous
conviction, for the illegal possession, while operating or
in actual physical control, as a driver, of a motor
vehicle, of any controlled substance prohibited under the

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Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act shall be suspended for
5 years. 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 and the manufacture,
sale or 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

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Section 11-501.6 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 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
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;
35. Has committed a violation of Section 11-1301.6 of
this Code;
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

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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. 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 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;
43. 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

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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; or
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. Has been found guilty of, received a disposition of
court supervision for, or received a disposition pursuant
to the provisions of the Juvenile Court Act of 1987 for a
violation of the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act, in which case the person's
driving privileges shall be suspended for 6 months. This
paragraph shall not apply if the person has committed a
violation described in paragraph 28 of this subsection; or
47. Has been found guilty of, received a disposition of
court supervision for, or received a disposition pursuant
to the provisions of the Juvenile Court Act of 1987 for a
second or subsequent violation of the Illinois Controlled
Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act in a

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period of 5 years, in which case the person's driving
privileges shall be suspended for one year. This paragraph
shall not apply if the person has committed a violation
described in paragraph 28 of this subsection.
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
last known address of the person.

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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

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remainder of the 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

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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 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.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.
(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, 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 within a 10 year period due

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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, 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 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.
(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
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

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that person's employer when used solely for employment
purposes.
(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. The
Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the
result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal
Code of 1961, where the use of alcohol or other drugs
is recited as an element of the offense, or any similar
out-of-state offense, or any combination of those
offenses, until the expiration of at least one year
from the date of the revocation. 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

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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.
(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.
(c-5) The Secretary of State may, as a condition of the

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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. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
eff. 8-11-09; 96-607, eff. 8-24-09.)
Section 99. Effective date. This Act takes effect July 1,