Bill Text: IL SB3148 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Illinois Vehicle Code. Increases the fee for a restricted driving permit from $8 to $12, which shall be imposed annually until the expiration of the permit. Provides that a restricted driving permit shall expire no later than 2 years (rather than within one year) from the date of issuance. Effective January 1, 2019.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0803 [SB3148 Detail]

Download: Illinois-2017-SB3148-Chaptered.html

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Public Act 100-0803
SB3148 Enrolled LRB100 15996 AXK 31114 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-108, 6-118, 6-201, 6-205, and 6-206 as follows:
(625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
Sec. 6-108. Cancellation of license issued to minor.
(a) The Secretary of State shall cancel the license or
permit of any minor under the age of 18 years in any of the
following events:
1. Upon the verified written request of the person who
consented to the application of the minor that the license
or permit be cancelled;
2. Upon receipt of satisfactory evidence of the death
of the person who consented to the application of the
minor;
3. Upon receipt of satisfactory evidence that the
person who consented to the application of a minor no
longer has legal custody of the minor;
4. Upon receipt of information, submitted on a form
prescribed by the Secretary of State under Section 26-3a of
the School Code and provided voluntarily by nonpublic
schools, that a license-holding minor no longer meets the

school attendance requirements defined in Section 6-107 of
this Code.
A minor who provides proof acceptable to the Secretary
that the minor has resumed regular school attendance or
home instruction or that his or her license or permit was
cancelled in error shall have his or her license
reinstated. The Secretary shall adopt rules for
implementing this subdivision (a)4;
5. Upon determination by the Secretary that at the time
of license issuance, the minor held an instruction permit
and had a traffic citation for which a disposition had not
been rendered.
After cancellation, the Secretary of State shall not issue
a new license or permit until the applicant meets the
provisions of Section 6-107 of this Code.
(b) The Secretary of State shall cancel the license or
permit of any person under the age of 18 years if he or she is
convicted of violating the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and
Community Protection Act while that person 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 or until the minor attains the age of 18 years,
whichever is longer. 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 between the person's residence and person's place of
employment or within the scope of the person's employment
related duties, or to allow transportation for the person or a
household member of the person's family for the receipt of
necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the person
to attend classes, as a student, in an accredited educational
institution; if the person is able to demonstrate that no
alternative means of transportation is reasonably available;
provided that the Secretary's discretion shall be limited to
cases where undue hardship would result from a failure to issue
such restricted driving permit. In each case the Secretary of
State may issue a restricted driving permit for a period as he

deems appropriate, except that the permit shall expire no later
than 2 years 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
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. Thereafter, upon
reapplication for a license as provided in Section 6-106 of
this Code or a permit as provided in Section 6-105 of this Code
and upon payment of the appropriate application fee, the
Secretary of State shall issue the applicant a license as
provided in Section 6-106 of this Code or shall issue the
applicant a permit as provided in Section 6-105.
(Source: P.A. 98-168, eff. 1-1-14; 98-756, eff. 7-16-14.)
(625 ILCS 5/6-118)
Sec. 6-118. Fees.
(a) The fee for licenses and permits under this Article is
as follows:
Original driver's license.............................$30

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

previously been issued either document
in Illinois....................................... 10
Restricted driving permit.............................. 8
Monitoring device driving permit...................... 8
Duplicate or corrected driver's license
or permit.......................................... 5
Duplicate or corrected restricted
driving permit..................................... 5
Duplicate or corrected monitoring
device driving permit.................................. 5
Duplicate driver's license or permit issued to
an active-duty member of the
United States Armed Forces,
the member's spouse, or
the dependent children living
with the member................................... 0
Original or renewal M or L endorsement................. 5
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
The fees for commercial driver licenses and permits
under Article V shall be as follows:
Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);

$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL:............................. $60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL:................................. $60
Commercial learner's permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification................... $50
Commercial learner's permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction........................ $5
CDL duplicate or corrected license.................... $5
In order to ensure the proper implementation of the Uniform
Commercial Driver License Act, Article V of this Chapter, the
Secretary of State is empowered to pro-rate the $24 fee for the

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

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

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

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

subparagraph (C) of paragraph 3 of subsection (c) of
Section 6-206 of this Code; and paragraph (4) of subsection
(a) of Section 6-206.1 of this Code, shall be paid into the
funds set forth in those Sections.
(d) All of the proceeds of the additional fees imposed by
this amendatory Act of the 96th General Assembly shall be
deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of
the 96th General Assembly shall become effective 90 days after
becoming law.
(f) As used in this Section, "active-duty member of the
United States Armed Forces" means a member of the Armed
Services or Reserve Forces of the United States or a member of
the Illinois National Guard who is called to active duty
pursuant to an executive order of the President of the United
States, an act of the Congress of the United States, or an
order of the Governor.
(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section
10 of P.A. 99-414 for the effective date of changes made by
P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
98-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff.
1-1-16; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17.)
(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. 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
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
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 no later
than 2 years 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 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. 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
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
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.

(d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 100-409, eff. 8-25-17.)
(625 ILCS 5/6-205)
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;
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
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
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.
(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
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
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.
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
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
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 no later than 2 years
within one year from the date of issuance. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the Secretary of
State in like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or suspended;
except that a conviction upon one or more offenses against laws
or ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The Secretary of
State may, as a condition to the issuance of a restricted
driving permit, require the petitioner to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted driving
permit if the permit holder does not successfully complete the
program. However, if an individual's driving privileges have
been revoked in accordance with paragraph 13 of subsection (a)
of this Section, no restricted driving permit shall be issued

until the individual has served 6 months of the revocation
period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision
(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,
whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state offense,
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 24 12 months each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.

(3) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or
(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(3.5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
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
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
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
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
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
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,
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 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
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;
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
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
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;
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
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
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
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
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
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
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 no later than 2 years within one
year from the date of issuance. A restricted driving permit
issued under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or suspended;
except that a conviction upon one or more offenses against
laws or ordinances regulating the movement of traffic shall
be deemed sufficient cause for the revocation, suspension,
or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of a
restricted driving permit, require the 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
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
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.
(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.)
Section 99. Effective date. This Act takes effect January
1, 2019.