Bill Text: IL SB2955 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that if a person has a license or permit that is revoked or suspended under certain provisions of the Code, the Secretary of State may issue the person a restricted driving permit to allow him or her to exercise his or her court ordered visitation rights or court ordered parenting time.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2955 Detail]

Download: Illinois-2017-SB2955-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2955 Introduced 2/14/2018, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-205
625 ILCS 5/6-206
Amends the Illinois Vehicle Code. Provides that if a person has a license or permit that is revoked or suspended under certain provisions of the Code, the Secretary of State may issue the person a restricted driving permit to allow him or her to exercise his or her court ordered visitation rights or court ordered parenting time.
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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 5. The Illinois Vehicle Code is amended by changing
Sections 6-205 and 6-206 as follows:
(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;
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;

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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;
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 or the Criminal Code of 2012 arising from the use of a
motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of

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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
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

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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.
(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

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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
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, or to allow
the petitioner to exercise his or her court ordered visitation
rights or court ordered parenting time, as defined under
Section 600 of the Illinois Marriage and Dissolution of

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Marriage Act; 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 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

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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.
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

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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 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,

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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 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.

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(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 cancelled, revoked, or suspended;
except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall

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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,
whichever is later.

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(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.
(2) If a person's license or permit is revoked or

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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
unless it has been equipped with an ignition interlock

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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
either a one-year period has elapsed during which that

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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.
(f) Any revocation imposed upon any person under

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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
State may not issue a restricted driving permit for the

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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.)
(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
vehicles committed within any 12 month period. No

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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
contained in Section 6-203.1, which if committed within

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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,
identification card, or permit for some other person;

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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 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. 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

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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;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;

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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
delivery of controlled substances or instruments used for
illegal drug use or abuse in which case the driver's

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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
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code

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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. 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
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;

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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. 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. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of Section 11-502.1 of
this Code; or
48. Has submitted a falsified or altered medical

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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
last known address of the person.
2. If the Secretary of State suspends the driver's license

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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
suspension period.
The provisions of this subparagraph shall not apply to any

SB2955 - 28 - LRB100 13542 AXK 28159 b
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
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational

SB2955 - 29 - LRB100 13542 AXK 28159 b
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, or to allow the petitioner to exercise his
or her court ordered visitation rights or court ordered
parenting time, as defined under Section 600 of the Illinois
Marriage and Dissolution of Marriage Act. 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

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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 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.

SB2955 - 31 - LRB100 13542 AXK 28159 b
(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 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

SB2955 - 32 - LRB100 13542 AXK 28159 b
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 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

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(ii) 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 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

SB2955 - 34 - LRB100 13542 AXK 28159 b
is not equipped with an ignition interlock device, or for
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

SB2955 - 35 - LRB100 13542 AXK 28159 b
the notice.
(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.)