Sen. Omar Aquino

Filed: 5/23/2018

 

 


 

 


 
10000SB2411sam003LRB100 17944 LNS 40580 a

1
AMENDMENT TO SENATE BILL 2411

2    AMENDMENT NO. ______. Amend Senate Bill 2411 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the License to
5Work Act.
 
6    Section 5. The Illinois Vehicle Code is amended by changing
7Sections 3-704.2, 6-201, 6-204, 6-205, 6-206, 6-306.5, and
811-208.3 and by adding Sections 6-209.1 and 11-208.3a as
9follows:
 
10    (625 ILCS 5/3-704.2)
11    Sec. 3-704.2. Failure to satisfy fines or penalties for
12toll violations or evasions; suspension of vehicle
13registration.
14    (a) Upon receipt of a certified report, as prescribed by
15subsection (c) of this Section, from the Authority stating that

 

 

10000SB2411sam003- 2 -LRB100 17944 LNS 40580 a

1the owner of a registered vehicle has failed to satisfy any
2fine or penalty resulting from a final order issued by the
3Authority relating directly or indirectly to 5 or more toll
4violations, toll evasions, or both, the Secretary of State
5shall suspend the vehicle registration of the person in
6accordance with the procedures set forth in this Section.
7    (b) Following receipt of the certified report of the
8Authority as specified in the Section, the Secretary of State
9shall notify the person whose name appears on the certified
10report that the person's vehicle registration will be suspended
11at the end of a specified period unless the Secretary of State
12is presented with a notice from the Authority certifying that
13the fines or penalties owing the Authority have been satisfied
14or that inclusion of that person's name on the certified report
15was in error. The Secretary's notice shall state in substance
16the information contained in the Authority's certified report
17to the Secretary, and shall be effective as specified by
18subsection (c) of Section 6-211 of this Code.
19    (c) The report from the Authority notifying the Secretary
20of unsatisfied fines or penalties pursuant to this Section
21shall be certified and shall contain the following:
22        (1) The name, last known address, and driver's license
23    number of the person who failed to satisfy the fines or
24    penalties and the registration number of any vehicle known
25    to be registered in this State to that person.
26        (2) A statement that the Authority sent a notice of

 

 

10000SB2411sam003- 3 -LRB100 17944 LNS 40580 a

1    impending suspension of the person's driver's license,
2    vehicle registration, or both, as prescribed by rules
3    enacted pursuant to subsection (a-5) of Section 10 of the
4    Toll Highway Act, to the person named in the report at the
5    address recorded with the Secretary of State; the date on
6    which the notice was sent; and the address to which the
7    notice was sent.
8    (d) The Authority, after making a certified report to the
9Secretary pursuant to this Section, shall notify the Secretary,
10on a form prescribed by the Secretary, whenever a person named
11in the certified report has satisfied the previously reported
12fines or penalties or whenever the Authority determines that
13the original report was in error. A certified copy of the
14notification shall also be given upon request and at no
15additional charge to the person named therein. Upon receipt of
16the Authority's notification or presentation of a certified
17copy of the notification, the Secretary shall terminate the
18suspension.
19    (e) The Authority shall, by rule, establish procedures for
20persons to challenge the accuracy of the certified report made
21pursuant to this Section. The rule shall also provide the
22grounds for a challenge, which may be limited to:
23        (1) the person not having been the owner or lessee of
24    the vehicle or vehicles receiving 5 or more toll violation
25    or toll evasion notices on the date or dates the notices
26    were issued; or

 

 

10000SB2411sam003- 4 -LRB100 17944 LNS 40580 a

1        (2) the person having already satisfied the fines or
2    penalties for the 5 or more toll violations or toll
3    evasions indicated on the certified report.
4    (f) All notices sent by the Authority to persons involved
5in administrative adjudications, hearings, and final orders
6issued pursuant to rules implementing subsection (a-5) of
7Section 10 of the Toll Highway Act shall state, in clear and
8unambiguous language, the consequences of that failure to
9satisfy any fine or penalty imposed by the Authority shall
10result in the Secretary of State suspending the driving
11privileges, vehicle registration, or both, of the person
12failing to satisfy the fines or penalties imposed by the
13Authority.
14    (g) A person may request an administrative hearing to
15contest an impending suspension or a suspension made pursuant
16to this Section upon filing a written request with the
17Secretary. The filing fee for this hearing is $20, to be paid
18at the time of the request. The Authority shall reimburse the
19Secretary for all reasonable costs incurred by the Secretary as
20a result of the filing of a certified report pursuant to this
21Section, including, but not limited to, the costs of providing
22notice required pursuant to subsection (b) and the costs
23incurred by the Secretary in any hearing conducted with respect
24to the report pursuant to this subsection and any appeal from
25that hearing.
26    (h) The Secretary and the Authority may promulgate rules to

 

 

10000SB2411sam003- 5 -LRB100 17944 LNS 40580 a

1enable them to carry out their duties under this Section.
2    (i) The Authority shall cooperate with the Secretary in the
3administration of this Section and shall provide the Secretary
4with any information the Secretary may deem necessary for these
5purposes, including regular and timely access to toll violation
6enforcement records.
7    The Secretary shall cooperate with the Authority in the
8administration of this Section and shall provide the Authority
9with any information the Authority may deem necessary for the
10purposes of this Section, including regular and timely access
11to vehicle registration records. Section 2-123 of this Code
12shall not apply to the provision of this information, but the
13Secretary shall be reimbursed for the cost of providing this
14information.
15    (j) For purposes of this Section, the term "Authority"
16means the Illinois State Toll Highway Authority.
17(Source: P.A. 91-277, eff. 1-1-00.)
 
18    (625 ILCS 5/6-201)
19    Sec. 6-201. Authority to cancel licenses and permits.
20    (a) The Secretary of State is authorized to cancel any
21license or permit upon determining that the holder thereof:
22        1. was not entitled to the issuance thereof hereunder;
23    or
24        2. failed to give the required or correct information
25    in his application; or

 

 

10000SB2411sam003- 6 -LRB100 17944 LNS 40580 a

1        3. failed to pay any fees owed to the Secretary of
2    State under this Code for the license or permit , civil
3    penalties owed to the Illinois Commerce Commission, or
4    taxes due under this Act and upon reasonable notice and
5    demand; or
6        4. committed any fraud in the making of such
7    application; or
8        5. is ineligible therefor under the provisions of
9    Section 6-103 of this Act, as amended; or
10        6. has refused or neglected to submit an alcohol, drug,
11    and intoxicating compound evaluation or to submit to
12    examination or reexamination re-examination as required
13    under this Code Act; or
14        7. has been convicted of violating the Cannabis Control
15    Act, the Illinois Controlled Substances Act, the
16    Methamphetamine Control and Community Protection Act, or
17    the Use of Intoxicating Compounds Act while that individual
18    was in actual physical control of a motor vehicle. For
19    purposes of this Section, any person placed on probation
20    under Section 10 of the Cannabis Control Act, Section 410
21    of the Illinois Controlled Substances Act, or Section 70 of
22    the Methamphetamine Control and Community Protection Act
23    shall not be considered convicted. Any person found guilty
24    of this offense, while in actual physical control of a
25    motor vehicle, shall have an entry made in the court record
26    by the judge that this offense did occur while the person

 

 

10000SB2411sam003- 7 -LRB100 17944 LNS 40580 a

1    was in actual physical control of a motor vehicle and order
2    the clerk of the court to report the violation to the
3    Secretary of State as such. After the cancellation, the
4    Secretary of State shall not issue a new license or permit
5    for a period of one year after the date of cancellation.
6    However, upon application, the Secretary of State may, if
7    satisfied that the person applying will not endanger the
8    public safety, or welfare, issue a restricted driving
9    permit granting the privilege of driving a motor vehicle
10    between the petitioner's residence and petitioner's place
11    of employment or within the scope of the petitioner's
12    employment related duties, or to allow transportation for
13    the petitioner or a household member of the petitioner's
14    family for the receipt of necessary medical care, or
15    provide transportation for the petitioner to and from
16    alcohol or drug remedial or rehabilitative activity
17    recommended by a licensed service provider, or for the
18    petitioner to attend classes, as a student, in an
19    accredited educational institution. The petitioner must
20    demonstrate that no alternative means of transportation is
21    reasonably available; provided that the Secretary's
22    discretion shall be limited to cases where undue hardship,
23    as defined by the rules of the Secretary of State, would
24    result from a failure to issue such restricted driving
25    permit. In each case the Secretary of State may issue such
26    restricted driving permit for such period as he deems

 

 

10000SB2411sam003- 8 -LRB100 17944 LNS 40580 a

1    appropriate, except that such permit shall expire within
2    one year from the date of issuance. A restricted driving
3    permit issued hereunder shall be subject to cancellation,
4    revocation, and suspension by the Secretary of State in
5    like manner and for like cause as a driver's license issued
6    hereunder may be cancelled, revoked or suspended; except
7    that a conviction upon one or more offenses against laws or
8    ordinances regulating the movement of traffic shall be
9    deemed sufficient cause for the revocation, suspension or
10    cancellation of a restricted driving permit. The Secretary
11    of State may, as a condition to the issuance of a
12    restricted driving permit, require the applicant to
13    participate in a driver remedial or rehabilitative
14    program. In accordance with 49 C.F.R. 384, the Secretary of
15    State may not issue a restricted driving permit for the
16    operation of a commercial motor vehicle to a person holding
17    a CDL whose driving privileges have been revoked,
18    suspended, cancelled, or disqualified under this Code; or
19        8. failed to submit a report as required by Section
20    6-116.5 of this Code; or
21        9. has been convicted of a sex offense as defined in
22    the Sex Offender Registration Act. The driver's license
23    shall remain cancelled until the driver registers as a sex
24    offender as required by the Sex Offender Registration Act,
25    proof of the registration is furnished to the Secretary of
26    State and the sex offender provides proof of current

 

 

10000SB2411sam003- 9 -LRB100 17944 LNS 40580 a

1    address to the Secretary; or
2        10. is ineligible for a license or permit under Section
3    6-107, 6-107.1, or 6-108 of this Code; or
4        11. refused or neglected to appear at a Driver Services
5    facility to have the license or permit corrected and a new
6    license or permit issued or to present documentation for
7    verification of identity; or
8        12. failed to submit a medical examiner's certificate
9    or medical variance as required by 49 C.F.R. 383.71 or
10    submitted a fraudulent medical examiner's certificate or
11    medical variance; or
12        13. has had his or her medical examiner's certificate,
13    medical variance, or both removed or rescinded by the
14    Federal Motor Carrier Safety Administration; or
15        14. failed to self-certify as to the type of driving in
16    which the CDL driver engages or expects to engage; or
17        15. has submitted acceptable documentation indicating
18    out-of-state residency to the Secretary of State to be
19    released from the requirement of showing proof of financial
20    responsibility in this State; or
21        16. was convicted of fraud relating to the testing or
22    issuance of a CDL or CLP, in which case only the CDL or CLP
23    shall be cancelled. After cancellation, the Secretary
24    shall not issue a CLP or CDL for a period of one year from
25    the date of cancellation; or
26        17. has a special restricted license under subsection

 

 

10000SB2411sam003- 10 -LRB100 17944 LNS 40580 a

1    (g) of Section 6-113 of this Code and failed to submit the
2    required annual vision specialist report that the special
3    restricted license holder's vision has not changed; or
4        18. has a special restricted license under subsection
5    (g) of Section 6-113 of this Code and was convicted or
6    received court supervision for a violation of this Code
7    that occurred during nighttime hours or was involved in a
8    motor vehicle accident during nighttime hours in which the
9    restricted license holder was at fault; or
10        19. has assisted an out-of-state resident in acquiring
11    an Illinois driver's license or identification card by
12    providing or allowing the out-of-state resident to use his
13    or her Illinois address of residence and is complicit in
14    distributing and forwarding the Illinois driver's license
15    or identification card to the out-of-state resident.
16    (b) Upon such cancellation the licensee or permittee must
17surrender the license or permit so cancelled to the Secretary
18of State.
19    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
20Secretary of State shall have exclusive authority to grant,
21issue, deny, cancel, suspend and revoke driving privileges,
22drivers' licenses and restricted driving permits.
23    (d) The Secretary of State may adopt rules to implement
24this Section.
25(Source: P.A. 100-409, eff. 8-25-17.)
 

 

 

10000SB2411sam003- 11 -LRB100 17944 LNS 40580 a

1    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
2    Sec. 6-204. When court to forward license and reports.
3    (a) For the purpose of providing to the Secretary of State
4the records essential to the performance of the Secretary's
5duties under this Code to cancel, revoke or suspend the
6driver's license and privilege to drive motor vehicles of
7certain minors adjudicated truant minors in need of
8supervision, addicted, or delinquent and of persons found
9guilty of the criminal offenses or traffic violations which
10this Code recognizes as evidence relating to unfitness to
11safely operate motor vehicles, the following duties are imposed
12upon public officials:
13        (1) Whenever any person is convicted of any offense for
14    which this Code makes mandatory the cancellation or
15    revocation of the driver's license or permit of such person
16    by the Secretary of State, the judge of the court in which
17    such conviction is had shall require the surrender to the
18    clerk of the court of all driver's licenses or permits then
19    held by the person so convicted, and the clerk of the court
20    shall, within 5 days thereafter, forward the same, together
21    with a report of such conviction, to the Secretary.
22        (2) Whenever any person is convicted of any offense
23    under this Code or similar offenses under a municipal
24    ordinance, other than regulations governing standing,
25    parking or weights of vehicles, and excepting the following
26    enumerated Sections of this Code: Sections 11-1406

 

 

10000SB2411sam003- 12 -LRB100 17944 LNS 40580 a

1    (obstruction to driver's view or control), 11-1407
2    (improper opening of door into traffic), 11-1410 (coasting
3    on downgrade), 11-1411 (following fire apparatus),
4    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
5    vehicle which is in unsafe condition or improperly
6    equipped), 12-201(a) (daytime lights on motorcycles),
7    12-202 (clearance, identification and side marker lamps),
8    12-204 (lamp or flag on projecting load), 12-205 (failure
9    to display the safety lights required), 12-401
10    (restrictions as to tire equipment), 12-502 (mirrors),
11    12-503 (windshields must be unobstructed and equipped with
12    wipers), 12-601 (horns and warning devices), 12-602
13    (mufflers, prevention of noise or smoke), 12-603 (seat
14    safety belts), 12-702 (certain vehicles to carry flares or
15    other warning devices), 12-703 (vehicles for oiling roads
16    operated on highways), 12-710 (splash guards and
17    replacements), 13-101 (safety tests), 15-101 (size, weight
18    and load), 15-102 (width), 15-103 (height), 15-104 (name
19    and address on second division vehicles), 15-107 (length of
20    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
21    15-112 (weights), 15-301 (weights), 15-316 (weights),
22    15-318 (weights), and also excepting the following
23    enumerated Sections of the Chicago Municipal Code:
24    Sections 27-245 (following fire apparatus), 27-254
25    (obstruction of traffic), 27-258 (driving vehicle which is
26    in unsafe condition), 27-259 (coasting on downgrade),

 

 

10000SB2411sam003- 13 -LRB100 17944 LNS 40580 a

1    27-264 (use of horns and signal devices), 27-265
2    (obstruction to driver's view or driver mechanism), 27-267
3    (dimming of headlights), 27-268 (unattended motor
4    vehicle), 27-272 (illegal funeral procession), 27-273
5    (funeral procession on boulevard), 27-275 (driving freight
6    hauling vehicles on boulevard), 27-276 (stopping and
7    standing of buses or taxicabs), 27-277 (cruising of public
8    passenger vehicles), 27-305 (parallel parking), 27-306
9    (diagonal parking), 27-307 (parking not to obstruct
10    traffic), 27-308 (stopping, standing or parking
11    regulated), 27-311 (parking regulations), 27-312 (parking
12    regulations), 27-313 (parking regulations), 27-314
13    (parking regulations), 27-315 (parking regulations),
14    27-316 (parking regulations), 27-317 (parking
15    regulations), 27-318 (parking regulations), 27-319
16    (parking regulations), 27-320 (parking regulations),
17    27-321 (parking regulations), 27-322 (parking
18    regulations), 27-324 (loading and unloading at an angle),
19    27-333 (wheel and axle loads), 27-334 (load restrictions in
20    the downtown district), 27-335 (load restrictions in
21    residential areas), 27-338 (width of vehicles), 27-339
22    (height of vehicles), 27-340 (length of vehicles), 27-352
23    (reflectors on trailers), 27-353 (mufflers), 27-354
24    (display of plates), 27-355 (display of city vehicle tax
25    sticker), 27-357 (identification of vehicles), 27-358
26    (projecting of loads), and also excepting the following

 

 

10000SB2411sam003- 14 -LRB100 17944 LNS 40580 a

1    enumerated paragraphs of Section 2-201 of the Rules and
2    Regulations of the Illinois State Toll Highway Authority:
3    (l) (driving unsafe vehicle on tollway), (m) (vehicles
4    transporting dangerous cargo not properly indicated), it
5    shall be the duty of the clerk of the court in which such
6    conviction is had within 5 days thereafter to forward to
7    the Secretary of State a report of the conviction and the
8    court may recommend the suspension of the driver's license
9    or permit of the person so convicted.
10        The reporting requirements of this subsection shall
11    apply to all violations stated in paragraphs (1) and (2) of
12    this subsection when the individual has been adjudicated
13    under the Juvenile Court Act or the Juvenile Court Act of
14    1987. Such reporting requirements shall also apply to
15    individuals adjudicated under the Juvenile Court Act or the
16    Juvenile Court Act of 1987 who have committed a violation
17    of Section 11-501 of this Code, or similar provision of a
18    local ordinance, or Section 9-3 of the Criminal Code of
19    1961 or the Criminal Code of 2012, relating to the offense
20    of reckless homicide, or Section 5-7 of the Snowmobile
21    Registration and Safety Act or Section 5-16 of the Boat
22    Registration and Safety Act, relating to the offense of
23    operating a snowmobile or a watercraft while under the
24    influence of alcohol, other drug or drugs, intoxicating
25    compound or compounds, or combination thereof. These
26    reporting requirements also apply to individuals

 

 

10000SB2411sam003- 15 -LRB100 17944 LNS 40580 a

1    adjudicated under the Juvenile Court Act of 1987 based on
2    any offense determined to have been committed in
3    furtherance of the criminal activities of an organized
4    gang, as provided in Section 5-710 of that Act, if those
5    activities and that involved the operation or use of a
6    motor vehicle or the use of a driver's license or permit.
7    The reporting requirements of this subsection shall also
8    apply to a truant minor in need of supervision, an addicted
9    minor, or a delinquent minor and whose driver's license and
10    privilege to drive a motor vehicle has been ordered
11    suspended for such times as determined by the court, but
12    only until he or she attains 18 years of age. It shall be
13    the duty of the clerk of the court in which adjudication is
14    had within 5 days thereafter to forward to the Secretary of
15    State a report of the adjudication and the court order
16    requiring the Secretary of State to suspend the minor's
17    driver's license and driving privilege for such time as
18    determined by the court, but only until he or she attains
19    the age of 18 years. All juvenile court dispositions
20    reported to the Secretary of State under this provision
21    shall be processed by the Secretary of State as if the
22    cases had been adjudicated in traffic or criminal court.
23    However, information reported relative to the offense of
24    reckless homicide, or Section 11-501 of this Code, or a
25    similar provision of a local ordinance, shall be privileged
26    and available only to the Secretary of State, courts, and

 

 

10000SB2411sam003- 16 -LRB100 17944 LNS 40580 a

1    police officers.
2        The reporting requirements of this subsection (a)
3    apply to all violations listed in paragraphs (1) and (2) of
4    this subsection (a), excluding parking violations, when
5    the driver holds a CLP or CDL, regardless of the type of
6    vehicle in which the violation occurred, or when any driver
7    committed the violation in a commercial motor vehicle as
8    defined in Section 6-500 of this Code.
9        (3) Whenever an order is entered vacating the
10    forfeiture of any bail, security or bond given to secure
11    appearance for any offense under this Code or similar
12    offenses under municipal ordinance, it shall be the duty of
13    the clerk of the court in which such vacation was had or
14    the judge of such court if such court has no clerk, within
15    5 days thereafter to forward to the Secretary of State a
16    report of the vacation.
17        (4) A report of any disposition of court supervision
18    for a violation of Sections 6-303, 11-401, 11-501 or a
19    similar provision of a local ordinance, 11-503, 11-504, and
20    11-506 of this Code, Section 5-7 of the Snowmobile
21    Registration and Safety Act, and Section 5-16 of the Boat
22    Registration and Safety Act shall be forwarded to the
23    Secretary of State. A report of any disposition of court
24    supervision for a violation of an offense defined as a
25    serious traffic violation in this Code or a similar
26    provision of a local ordinance committed by a person under

 

 

10000SB2411sam003- 17 -LRB100 17944 LNS 40580 a

1    the age of 21 years shall be forwarded to the Secretary of
2    State.
3        (5) Reports of conviction under this Code and
4    sentencing hearings under the Juvenile Court Act of 1987 in
5    an electronic format or a computer processable processible
6    medium shall be forwarded to the Secretary of State via the
7    Supreme Court in the form and format required by the
8    Illinois Supreme Court and established by a written
9    agreement between the Supreme Court and the Secretary of
10    State. In counties with a population over 300,000, instead
11    of forwarding reports to the Supreme Court, reports of
12    conviction under this Code and sentencing hearings under
13    the Juvenile Court Act of 1987 in an electronic format or a
14    computer processable processible medium may be forwarded
15    to the Secretary of State by the Circuit Court Clerk in a
16    form and format required by the Secretary of State and
17    established by written agreement between the Circuit Court
18    Clerk and the Secretary of State. Failure to forward the
19    reports of conviction or sentencing hearing under the
20    Juvenile Court Act of 1987 as required by this Section
21    shall be deemed an omission of duty and it shall be the
22    duty of the several State's Attorneys to enforce the
23    requirements of this Section.
24    (b) Whenever a restricted driving permit is forwarded to a
25court, as a result of confiscation by a police officer pursuant
26to the authority in Section 6-113(f), it shall be the duty of

 

 

10000SB2411sam003- 18 -LRB100 17944 LNS 40580 a

1the clerk, or judge, if the court has no clerk, to forward such
2restricted driving permit and a facsimile of the officer's
3citation to the Secretary of State as expeditiously as
4practicable.
5    (c) For the purposes of this Code, a forfeiture of bail or
6collateral deposited to secure a defendant's appearance in
7court when forfeiture has not been vacated, or the failure of a
8defendant to appear for trial after depositing his driver's
9license in lieu of other bail, shall be equivalent to a
10conviction.
11    (d) For the purpose of providing the Secretary of State
12with records necessary to properly monitor and assess driver
13performance and assist the courts in the proper disposition of
14repeat traffic law offenders, the clerk of the court shall
15forward to the Secretary of State, on a form prescribed by the
16Secretary, records of a driver's participation in a driver
17remedial or rehabilitative program which was required, through
18a court order or court supervision, in relation to the driver's
19arrest for a violation of Section 11-501 of this Code or a
20similar provision of a local ordinance. The clerk of the court
21shall also forward to the Secretary, either on paper or in an
22electronic format or a computer processable processible medium
23as required under paragraph (5) of subsection (a) of this
24Section, any disposition of court supervision for any traffic
25violation, excluding those offenses listed in paragraph (2) of
26subsection (a) of this Section. These reports shall be sent

 

 

10000SB2411sam003- 19 -LRB100 17944 LNS 40580 a

1within 5 days after disposition, or, if the driver is referred
2to a driver remedial or rehabilitative program, within 5 days
3of the driver's referral to that program. These reports
4received by the Secretary of State, including those required to
5be forwarded under paragraph (a)(4), shall be privileged
6information, available only (i) to the affected driver, (ii) to
7the parent or guardian of a person under the age of 18 years
8holding an instruction permit or a graduated driver's license,
9and (iii) for use by the courts, police officers, prosecuting
10authorities, the Secretary of State, and the driver licensing
11administrator of any other state. In accordance with 49 C.F.R.
12Part 384, all reports of court supervision, except violations
13related to parking, shall be forwarded to the Secretary of
14State for all holders of a CLP or CDL or any driver who commits
15an offense while driving a commercial motor vehicle. These
16reports shall be recorded to the driver's record as a
17conviction for use in the disqualification of the driver's
18commercial motor vehicle privileges and shall not be privileged
19information.
20(Source: P.A. 100-74, eff. 8-11-17.)
 
21    (625 ILCS 5/6-205)
22    Sec. 6-205. Mandatory revocation of license or permit;
23hardship cases.
24    (a) Except as provided in this Section, the Secretary of
25State shall immediately revoke the license, permit, or driving

 

 

10000SB2411sam003- 20 -LRB100 17944 LNS 40580 a

1privileges of any driver upon receiving a report of the
2driver's conviction of any of the following offenses:
3        1. Reckless homicide resulting from the operation of a
4    motor vehicle;
5        2. Violation of Section 11-501 of this Code or a
6    similar provision of a local ordinance relating to the
7    offense of operating or being in physical control of a
8    vehicle while under the influence of alcohol, other drug or
9    drugs, intoxicating compound or compounds, or any
10    combination thereof;
11        3. Any felony under the laws of any State or the
12    federal government in the commission of which a motor
13    vehicle was used;
14        4. Violation of Section 11-401 of this Code relating to
15    the offense of leaving the scene of a traffic accident
16    involving death or personal injury;
17        5. Perjury or the making of a false affidavit or
18    statement under oath to the Secretary of State under this
19    Code or under any other law relating to the ownership or
20    operation of motor vehicles;
21        6. Conviction upon 3 charges of violation of Section
22    11-503 of this Code relating to the offense of reckless
23    driving committed within a period of 12 months;
24        7. Conviction of any offense defined in Section 4-102
25    of this Code if the person exercised actual physical
26    control over the vehicle during the commission of the

 

 

10000SB2411sam003- 21 -LRB100 17944 LNS 40580 a

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

 

 

10000SB2411sam003- 22 -LRB100 17944 LNS 40580 a

1    offense;
2        16. Any offense against any provision in this Code, or
3    any local ordinance, regulating the movement of traffic
4    when that offense was the proximate cause of the death of
5    any person. Any person whose driving privileges have been
6    revoked pursuant to this paragraph may seek to have the
7    revocation terminated or to have the length of revocation
8    reduced by requesting an administrative hearing with the
9    Secretary of State prior to the projected driver's license
10    application eligibility date;
11        17. Violation of subsection (a-2) of Section 11-1301.3
12    of this Code or a similar provision of a local ordinance;
13        18. A second or subsequent conviction of illegal
14    possession, while operating or in actual physical control,
15    as a driver, of a motor vehicle, of any controlled
16    substance prohibited under the Illinois Controlled
17    Substances Act, any cannabis prohibited under the Cannabis
18    Control Act, or any methamphetamine prohibited under the
19    Methamphetamine Control and Community Protection Act. A
20    defendant found guilty of this offense while operating a
21    motor vehicle shall have an entry made in the court record
22    by the presiding judge that this offense did occur while
23    the defendant was operating a motor vehicle and order the
24    clerk of the court to report the violation to the Secretary
25    of State;
26        19. Violation of subsection (a) of Section 11-1414 of

 

 

10000SB2411sam003- 23 -LRB100 17944 LNS 40580 a

1    this Code, or a similar provision of a local ordinance,
2    relating to the offense of overtaking or passing of a
3    school bus when the driver, in committing the violation, is
4    involved in a motor vehicle accident that results in death
5    to another and the violation is a proximate cause of the
6    death.
7    (b) The Secretary of State shall also immediately revoke
8the license or permit of any driver in the following
9situations:
10        1. Of any minor upon receiving the notice provided for
11    in Section 5-901 of the Juvenile Court Act of 1987 that the
12    minor has been adjudicated under that Act as having
13    committed an offense relating to motor vehicles prescribed
14    in Section 4-103 of this Code;
15        2. Of any person when any other law of this State
16    requires either the revocation or suspension of a license
17    or permit;
18        3. Of any person adjudicated under the Juvenile Court
19    Act of 1987 based on an offense determined to have been
20    committed in furtherance of the criminal activities of an
21    organized gang as provided in Section 5-710 of that Act,
22    and that involved the operation or use of a motor vehicle
23    or the use of a driver's license or permit. The revocation
24    shall remain in effect for the period determined by the
25    court.
26    (c)(1) Whenever a person is convicted of any of the

 

 

10000SB2411sam003- 24 -LRB100 17944 LNS 40580 a

1offenses enumerated in this Section, the court may recommend
2and the Secretary of State in his discretion, without regard to
3whether the recommendation is made by the court may, upon
4application, issue to the person a restricted driving permit
5granting the privilege of driving a motor vehicle between the
6petitioner's residence and petitioner's place of employment or
7within the scope of the petitioner's employment related duties,
8or to allow the petitioner to transport himself or herself or a
9family member of the petitioner's household to a medical
10facility for the receipt of necessary medical care or to allow
11the petitioner to transport himself or herself to and from
12alcohol or drug remedial or rehabilitative activity
13recommended by a licensed service provider, or to allow the
14petitioner to transport himself or herself or a family member
15of the petitioner's household to classes, as a student, at an
16accredited educational institution, or to allow the petitioner
17to transport children, elderly persons, or persons with
18disabilities who do not hold driving privileges and are living
19in the petitioner's household to and from daycare; if the
20petitioner is able to demonstrate that no alternative means of
21transportation is reasonably available and that the petitioner
22will not endanger the public safety or welfare; provided that
23the Secretary's discretion shall be limited to cases where
24undue hardship, as defined by the rules of the Secretary of
25State, would result from a failure to issue the restricted
26driving permit.

 

 

10000SB2411sam003- 25 -LRB100 17944 LNS 40580 a

1    (1.5) A person subject to the provisions of paragraph 4 of
2subsection (b) of Section 6-208 of this Code may make
3application for a restricted driving permit at a hearing
4conducted under Section 2-118 of this Code after the expiration
5of 5 years from the effective date of the most recent
6revocation, or after 5 years from the date of release from a
7period of imprisonment resulting from a conviction of the most
8recent offense, whichever is later, provided the person, in
9addition to all other requirements of the Secretary, shows by
10clear and convincing evidence:
11        (A) a minimum of 3 years of uninterrupted abstinence
12    from alcohol and the unlawful use or consumption of
13    cannabis under the Cannabis Control Act, a controlled
14    substance under the Illinois Controlled Substances Act, an
15    intoxicating compound under the Use of Intoxicating
16    Compounds Act, or methamphetamine under the
17    Methamphetamine Control and Community Protection Act; and
18        (B) the successful completion of any rehabilitative
19    treatment and involvement in any ongoing rehabilitative
20    activity that may be recommended by a properly licensed
21    service provider according to an assessment of the person's
22    alcohol or drug use under Section 11-501.01 of this Code.
23    In determining whether an applicant is eligible for a
24restricted driving permit under this paragraph (1.5), the
25Secretary may consider any relevant evidence, including, but
26not limited to, testimony, affidavits, records, and the results

 

 

10000SB2411sam003- 26 -LRB100 17944 LNS 40580 a

1of regular alcohol or drug tests. Persons subject to the
2provisions of paragraph 4 of subsection (b) of Section 6-208 of
3this Code and who have been convicted of more than one
4violation of paragraph (3), paragraph (4), or paragraph (5) of
5subsection (a) of Section 11-501 of this Code shall not be
6eligible to apply for a restricted driving permit.
7    A restricted driving permit issued under this paragraph
8(1.5) shall provide that the holder may only operate motor
9vehicles equipped with an ignition interlock device as required
10under paragraph (2) of subsection (c) of this Section and
11subparagraph (A) of paragraph 3 of subsection (c) of Section
126-206 of this Code. The Secretary may revoke a restricted
13driving permit or amend the conditions of a restricted driving
14permit issued under this paragraph (1.5) if the holder operates
15a vehicle that is not equipped with an ignition interlock
16device, or for any other reason authorized under this Code.
17    A restricted driving permit issued under this paragraph
18(1.5) shall be revoked, and the holder barred from applying for
19or being issued a restricted driving permit in the future, if
20the holder is subsequently convicted of a violation of Section
2111-501 of this Code, a similar provision of a local ordinance,
22or a similar offense in another state.
23    (2) If a person's license or permit is revoked or suspended
24due to 2 or more convictions of violating Section 11-501 of
25this Code or a similar provision of a local ordinance or a
26similar out-of-state offense, or Section 9-3 of the Criminal

 

 

10000SB2411sam003- 27 -LRB100 17944 LNS 40580 a

1Code of 1961 or the Criminal Code of 2012, where the use of
2alcohol or other drugs is recited as an element of the offense,
3or a similar out-of-state offense, or a combination of these
4offenses, arising out of separate occurrences, that person, if
5issued a restricted driving permit, may not operate a vehicle
6unless it has been equipped with an ignition interlock device
7as defined in Section 1-129.1.
8    (3) If:
9        (A) a person's license or permit is revoked or
10    suspended 2 or more times due to any combination of:
11            (i) a single conviction of violating Section
12        11-501 of this Code or a similar provision of a local
13        ordinance or a similar out-of-state offense, or
14        Section 9-3 of the Criminal Code of 1961 or the
15        Criminal Code of 2012, where the use of alcohol or
16        other drugs is recited as an element of the offense, or
17        a similar out-of-state offense; or
18            (ii) a statutory summary suspension or revocation
19        under Section 11-501.1; or
20            (iii) a suspension pursuant to Section 6-203.1;
21    arising out of separate occurrences; or
22        (B) a person has been convicted of one violation of
23    subparagraph (C) or (F) of paragraph (1) of subsection (d)
24    of Section 11-501 of this Code, Section 9-3 of the Criminal
25    Code of 1961 or the Criminal Code of 2012, relating to the
26    offense of reckless homicide where the use of alcohol or

 

 

10000SB2411sam003- 28 -LRB100 17944 LNS 40580 a

1    other drugs was recited as an element of the offense, or a
2    similar provision of a law of another state;
3that person, if issued a restricted driving permit, may not
4operate a vehicle unless it has been equipped with an ignition
5interlock device as defined in Section 1-129.1.
6    (4) The person issued a permit conditioned on the use of an
7ignition interlock device must pay to the Secretary of State
8DUI Administration Fund an amount not to exceed $30 per month.
9The Secretary shall establish by rule the amount and the
10procedures, terms, and conditions relating to these fees.
11    (5) If the restricted driving permit is issued for
12employment purposes, then the prohibition against operating a
13motor vehicle that is not equipped with an ignition interlock
14device does not apply to the operation of an occupational
15vehicle owned or leased by that person's employer when used
16solely for employment purposes. For any person who, within a
175-year period, is convicted of a second or subsequent offense
18under Section 11-501 of this Code, or a similar provision of a
19local ordinance or similar out-of-state offense, this
20employment exemption does not apply until either a one-year
21period has elapsed during which that person had his or her
22driving privileges revoked or a one-year period has elapsed
23during which that person had a restricted driving permit which
24required the use of an ignition interlock device on every motor
25vehicle owned or operated by that person.
26    (6) In each case the Secretary of State may issue a

 

 

10000SB2411sam003- 29 -LRB100 17944 LNS 40580 a

1restricted driving permit for a period he deems appropriate,
2except that the permit shall expire within one year from the
3date of issuance. A restricted driving permit issued under this
4Section shall be subject to cancellation, revocation, and
5suspension by the Secretary of State in like manner and for
6like cause as a driver's license issued under this Code may be
7cancelled, revoked, or suspended; except that a conviction upon
8one or more offenses against laws or ordinances regulating the
9movement of traffic shall be deemed sufficient cause for the
10revocation, suspension, or cancellation of a restricted
11driving permit. The Secretary of State may, as a condition to
12the issuance of a restricted driving permit, require the
13petitioner to participate in a designated driver remedial or
14rehabilitative program. The Secretary of State is authorized to
15cancel a restricted driving permit if the permit holder does
16not successfully complete the program. However, if an
17individual's driving privileges have been revoked in
18accordance with paragraph 13 of subsection (a) of this Section,
19no restricted driving permit shall be issued until the
20individual has served 6 months of the revocation period.
21    (c-5) (Blank).
22    (c-6) If a person is convicted of a second violation of
23operating a motor vehicle while the person's driver's license,
24permit or privilege was revoked, where the revocation was for a
25violation of Section 9-3 of the Criminal Code of 1961 or the
26Criminal Code of 2012 relating to the offense of reckless

 

 

10000SB2411sam003- 30 -LRB100 17944 LNS 40580 a

1homicide or a similar out-of-state offense, the person's
2driving privileges shall be revoked pursuant to subdivision
3(a)(15) of this Section. The person may not make application
4for a license or permit until the expiration of five years from
5the effective date of the revocation or the expiration of five
6years from the date of release from a term of imprisonment,
7whichever is later.
8    (c-7) If a person is convicted of a third or subsequent
9violation of operating a motor vehicle while the person's
10driver's license, permit or privilege was revoked, where the
11revocation was for a violation of Section 9-3 of the Criminal
12Code of 1961 or the Criminal Code of 2012 relating to the
13offense of reckless homicide or a similar out-of-state offense,
14the person may never apply for a license or permit.
15    (d)(1) Whenever a person under the age of 21 is convicted
16under Section 11-501 of this Code or a similar provision of a
17local ordinance or a similar out-of-state offense, the
18Secretary of State shall revoke the driving privileges of that
19person. One year after the date of revocation, and upon
20application, the Secretary of State may, if satisfied that the
21person applying will not endanger the public safety or welfare,
22issue a restricted driving permit granting the privilege of
23driving a motor vehicle only between the hours of 5 a.m. and 9
24p.m. or as otherwise provided by this Section for a period of
25one year. After this one-year period, and upon reapplication
26for a license as provided in Section 6-106, upon payment of the

 

 

10000SB2411sam003- 31 -LRB100 17944 LNS 40580 a

1appropriate reinstatement fee provided under paragraph (b) of
2Section 6-118, the Secretary of State, in his discretion, may
3reinstate the petitioner's driver's license and driving
4privileges, or extend the restricted driving permit as many
5times as the Secretary of State deems appropriate, by
6additional periods of not more than 12 months each.
7        (2) If a person's license or permit is revoked or
8    suspended due to 2 or more convictions of violating Section
9    11-501 of this Code or a similar provision of a local
10    ordinance or a similar out-of-state offense, or Section 9-3
11    of the Criminal Code of 1961 or the Criminal Code of 2012,
12    where the use of alcohol or other drugs is recited as an
13    element of the offense, or a similar out-of-state offense,
14    or a combination of these offenses, arising out of separate
15    occurrences, that person, if issued a restricted driving
16    permit, may not operate a vehicle unless it has been
17    equipped with an ignition interlock device as defined in
18    Section 1-129.1.
19        (3) If a person's license or permit is revoked or
20    suspended 2 or more times due to any combination of:
21            (A) a single conviction of violating Section
22        11-501 of this Code or a similar provision of a local
23        ordinance or a similar out-of-state offense, or
24        Section 9-3 of the Criminal Code of 1961 or the
25        Criminal Code of 2012, where the use of alcohol or
26        other drugs is recited as an element of the offense, or

 

 

10000SB2411sam003- 32 -LRB100 17944 LNS 40580 a

1        a similar out-of-state offense; or
2            (B) a statutory summary suspension or revocation
3        under Section 11-501.1; or
4            (C) a suspension pursuant to Section 6-203.1;
5    arising out of separate occurrences, that person, if issued
6    a restricted driving permit, may not operate a vehicle
7    unless it has been equipped with an ignition interlock
8    device as defined in Section 1-129.1.
9        (3.5) If a person's license or permit is revoked or
10    suspended due to a conviction for a violation of
11    subparagraph (C) or (F) of paragraph (1) of subsection (d)
12    of Section 11-501 of this Code, or a similar provision of a
13    local ordinance or similar out-of-state offense, that
14    person, if issued a restricted driving permit, may not
15    operate a vehicle unless it has been equipped with an
16    ignition interlock device as defined in Section 1-129.1.
17        (4) The person issued a permit conditioned upon the use
18    of an interlock device must pay to the Secretary of State
19    DUI Administration Fund an amount not to exceed $30 per
20    month. The Secretary shall establish by rule the amount and
21    the procedures, terms, and conditions relating to these
22    fees.
23        (5) If the restricted driving permit is issued for
24    employment purposes, then the prohibition against driving
25    a vehicle that is not equipped with an ignition interlock
26    device does not apply to the operation of an occupational

 

 

10000SB2411sam003- 33 -LRB100 17944 LNS 40580 a

1    vehicle owned or leased by that person's employer when used
2    solely for employment purposes. For any person who, within
3    a 5-year period, is convicted of a second or subsequent
4    offense under Section 11-501 of this Code, or a similar
5    provision of a local ordinance or similar out-of-state
6    offense, this employment exemption does not apply until
7    either a one-year period has elapsed during which that
8    person had his or her driving privileges revoked or a
9    one-year period has elapsed during which that person had a
10    restricted driving permit which required the use of an
11    ignition interlock device on every motor vehicle owned or
12    operated by that person.
13        (6) A restricted driving permit issued under this
14    Section shall be subject to cancellation, revocation, and
15    suspension by the Secretary of State in like manner and for
16    like cause as a driver's license issued under this Code may
17    be cancelled, revoked, or suspended; except that a
18    conviction upon one or more offenses against laws or
19    ordinances regulating the movement of traffic shall be
20    deemed sufficient cause for the revocation, suspension, or
21    cancellation of a restricted driving permit.
22    (d-5) The revocation of the license, permit, or driving
23privileges of a person convicted of a third or subsequent
24violation of Section 6-303 of this Code committed while his or
25her driver's license, permit, or privilege was revoked because
26of a violation of Section 9-3 of the Criminal Code of 1961 or

 

 

10000SB2411sam003- 34 -LRB100 17944 LNS 40580 a

1the Criminal Code of 2012, relating to the offense of reckless
2homicide, or a similar provision of a law of another state, is
3permanent. The Secretary may not, at any time, issue a license
4or permit to that person.
5    (e) This Section is subject to the provisions of the Driver
6License Compact.
7    (f) Any revocation imposed upon any person under
8subsections 2 and 3 of paragraph (b) that is in effect on
9December 31, 1988 shall be converted to a suspension for a like
10period of time.
11    (g) The Secretary of State shall not issue a restricted
12driving permit to a person under the age of 16 years whose
13driving privileges have been revoked under any provisions of
14this Code.
15    (h) The Secretary of State shall require the use of
16ignition interlock devices for a period not less than 5 years
17on all vehicles owned by a person who has been convicted of a
18second or subsequent offense under Section 11-501 of this Code
19or a similar provision of a local ordinance. The person must
20pay to the Secretary of State DUI Administration Fund an amount
21not to exceed $30 for each month that he or she uses the
22device. The Secretary shall establish by rule and regulation
23the procedures for certification and use of the interlock
24system, the amount of the fee, and the procedures, terms, and
25conditions relating to these fees. During the time period in
26which a person is required to install an ignition interlock

 

 

10000SB2411sam003- 35 -LRB100 17944 LNS 40580 a

1device under this subsection (h), that person shall only
2operate vehicles in which ignition interlock devices have been
3installed, except as allowed by subdivision (c)(5) or (d)(5) of
4this Section.
5    (i) (Blank).
6    (j) In accordance with 49 C.F.R. 384, the Secretary of
7State may not issue a restricted driving permit for the
8operation of a commercial motor vehicle to a person holding a
9CDL whose driving privileges have been revoked, suspended,
10cancelled, or disqualified under any provisions of this Code.
11    (k) The Secretary of State shall notify by mail any person
12whose driving privileges have been revoked under paragraph 16
13of subsection (a) of this Section that his or her driving
14privileges and driver's license will be revoked 90 days from
15the date of the mailing of the notice.
16(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
1799-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
1899-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16;
19100-223, eff. 8-18-17.)
 
20    (625 ILCS 5/6-206)
21    Sec. 6-206. Discretionary authority to suspend or revoke
22license or permit; right to a hearing.
23    (a) The Secretary of State is authorized to suspend or
24revoke the driving privileges of any person without preliminary
25hearing upon a showing of the person's records or other

 

 

10000SB2411sam003- 36 -LRB100 17944 LNS 40580 a

1sufficient evidence that the person:
2        1. Has committed an offense for which mandatory
3    revocation of a driver's license or permit is required upon
4    conviction;
5        2. Has been convicted of not less than 3 offenses
6    against traffic regulations governing the movement of
7    vehicles committed within any 12 month period. No
8    revocation or suspension shall be entered more than 6
9    months after the date of last conviction;
10        3. Has been repeatedly involved as a driver in motor
11    vehicle collisions or has been repeatedly convicted of
12    offenses against laws and ordinances regulating the
13    movement of traffic, to a degree that indicates lack of
14    ability to exercise ordinary and reasonable care in the
15    safe operation of a motor vehicle or disrespect for the
16    traffic laws and the safety of other persons upon the
17    highway;
18        4. Has by the unlawful operation of a motor vehicle
19    caused or contributed to an accident resulting in injury
20    requiring immediate professional treatment in a medical
21    facility or doctor's office to any person, except that any
22    suspension or revocation imposed by the Secretary of State
23    under the provisions of this subsection shall start no
24    later than 6 months after being convicted of violating a
25    law or ordinance regulating the movement of traffic, which
26    violation is related to the accident, or shall start not

 

 

10000SB2411sam003- 37 -LRB100 17944 LNS 40580 a

1    more than one year after the date of the accident,
2    whichever date occurs later;
3        5. Has permitted an unlawful or fraudulent use of a
4    driver's license, identification card, or permit;
5        6. Has been lawfully convicted of an offense or
6    offenses in another state, including the authorization
7    contained in Section 6-203.1, which if committed within
8    this State would be grounds for suspension or revocation;
9        7. Has refused or failed to submit to an examination
10    provided for by Section 6-207 or has failed to pass the
11    examination;
12        8. Is ineligible for a driver's license or permit under
13    the provisions of Section 6-103;
14        9. Has made a false statement or knowingly concealed a
15    material fact or has used false information or
16    identification in any application for a license,
17    identification card, or permit;
18        10. Has possessed, displayed, or attempted to
19    fraudulently use any license, identification card, or
20    permit not issued to the person;
21        11. Has operated a motor vehicle upon a highway of this
22    State when the person's driving privilege or privilege to
23    obtain a driver's license or permit was revoked or
24    suspended unless the operation was authorized by a
25    monitoring device driving permit, judicial driving permit
26    issued prior to January 1, 2009, probationary license to

 

 

10000SB2411sam003- 38 -LRB100 17944 LNS 40580 a

1    drive, or a restricted driving permit issued under this
2    Code;
3        12. Has submitted to any portion of the application
4    process for another person or has obtained the services of
5    another person to submit to any portion of the application
6    process for the purpose of obtaining a license,
7    identification card, or permit for some other person;
8        13. Has operated a motor vehicle upon a highway of this
9    State when the person's driver's license or permit was
10    invalid under the provisions of Sections 6-107.1 and 6-110;
11        14. Has committed a violation of Section 6-301,
12    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
13    14B of the Illinois Identification Card Act;
14        15. Has been convicted of violating Section 21-2 of the
15    Criminal Code of 1961 or the Criminal Code of 2012 relating
16    to criminal trespass to vehicles if the person exercised
17    actual physical control over the vehicle during the
18    commission of the offense, in which case, the suspension
19    shall be for one year;
20        16. Has been convicted of violating Section 11-204 of
21    this Code relating to fleeing from a peace officer;
22        17. Has refused to submit to a test, or tests, as
23    required under Section 11-501.1 of this Code and the person
24    has not sought a hearing as provided for in Section
25    11-501.1;
26        18. (Blank); Has, since issuance of a driver's license

 

 

10000SB2411sam003- 39 -LRB100 17944 LNS 40580 a

1    or permit, been adjudged to be afflicted with or suffering
2    from any mental disability or disease;
3        19. Has committed a violation of paragraph (a) or (b)
4    of Section 6-101 relating to driving without a driver's
5    license;
6        20. Has been convicted of violating Section 6-104
7    relating to classification of driver's license;
8        21. Has been convicted of violating Section 11-402 of
9    this Code relating to leaving the scene of an accident
10    resulting in damage to a vehicle in excess of $1,000, in
11    which case the suspension shall be for one year;
12        22. Has used a motor vehicle in violating paragraph
13    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
14    the Criminal Code of 1961 or the Criminal Code of 2012
15    relating to unlawful use of weapons, in which case the
16    suspension shall be for one year;
17        23. Has, as a driver, been convicted of committing a
18    violation of paragraph (a) of Section 11-502 of this Code
19    for a second or subsequent time within one year of a
20    similar violation;
21        24. Has been convicted by a court-martial or punished
22    by non-judicial punishment by military authorities of the
23    United States at a military installation in Illinois or in
24    another state of or for a traffic related offense that is
25    the same as or similar to an offense specified under
26    Section 6-205 or 6-206 of this Code;

 

 

10000SB2411sam003- 40 -LRB100 17944 LNS 40580 a

1        25. Has permitted any form of identification to be used
2    by another in the application process in order to obtain or
3    attempt to obtain a license, identification card, or
4    permit;
5        26. Has altered or attempted to alter a license or has
6    possessed an altered license, identification card, or
7    permit;
8        27. (Blank); Has violated Section 6-16 of the Liquor
9    Control Act of 1934;
10        28. Has been convicted for a first time of the illegal
11    possession, while operating or in actual physical control,
12    as a driver, of a motor vehicle, of any controlled
13    substance prohibited under the Illinois Controlled
14    Substances Act, any cannabis prohibited under the Cannabis
15    Control Act, or any methamphetamine prohibited under the
16    Methamphetamine Control and Community Protection Act, in
17    which case the person's driving privileges shall be
18    suspended for one year. Any defendant found guilty of this
19    offense while operating a motor vehicle, shall have an
20    entry made in the court record by the presiding judge that
21    this offense did occur while the defendant was operating a
22    motor vehicle and order the clerk of the court to report
23    the violation to the Secretary of State;
24        29. Has been convicted of the following offenses that
25    were committed while the person was operating or in actual
26    physical control, as a driver, of a motor vehicle: criminal

 

 

10000SB2411sam003- 41 -LRB100 17944 LNS 40580 a

1    sexual assault, predatory criminal sexual assault of a
2    child, aggravated criminal sexual assault, criminal sexual
3    abuse, aggravated criminal sexual abuse, juvenile pimping,
4    soliciting for a juvenile prostitute, promoting juvenile
5    prostitution as described in subdivision (a)(1), (a)(2),
6    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
7    or the Criminal Code of 2012, and the manufacture, sale or
8    delivery of controlled substances or instruments used for
9    illegal drug use or abuse in which case the driver's
10    driving privileges shall be suspended for one year;
11        30. Has been convicted a second or subsequent time for
12    any combination of the offenses named in paragraph 29 of
13    this subsection, in which case the person's driving
14    privileges shall be suspended for 5 years;
15        31. Has refused to submit to a test as required by
16    Section 11-501.6 of this Code or Section 5-16c of the Boat
17    Registration and Safety Act or has submitted to a test
18    resulting in an alcohol concentration of 0.08 or more or
19    any amount of a drug, substance, or compound resulting from
20    the unlawful use or consumption of cannabis as listed in
21    the Cannabis Control Act, a controlled substance as listed
22    in the Illinois Controlled Substances Act, an intoxicating
23    compound as listed in the Use of Intoxicating Compounds
24    Act, or methamphetamine as listed in the Methamphetamine
25    Control and Community Protection Act, in which case the
26    penalty shall be as prescribed in Section 6-208.1;

 

 

10000SB2411sam003- 42 -LRB100 17944 LNS 40580 a

1        32. Has been convicted of Section 24-1.2 of the
2    Criminal Code of 1961 or the Criminal Code of 2012 relating
3    to the aggravated discharge of a firearm if the offender
4    was located in a motor vehicle at the time the firearm was
5    discharged, in which case the suspension shall be for 3
6    years;
7        33. Has as a driver, who was less than 21 years of age
8    on the date of the offense, been convicted a first time of
9    a violation of paragraph (a) of Section 11-502 of this Code
10    or a similar provision of a local ordinance;
11        34. Has committed a violation of Section 11-1301.5 of
12    this Code or a similar provision of a local ordinance;
13        35. Has committed a violation of Section 11-1301.6 of
14    this Code or a similar provision of a local ordinance;
15        36. Is under the age of 21 years at the time of arrest
16    and has been convicted of not less than 2 offenses against
17    traffic regulations governing the movement of vehicles
18    committed within any 24 month period. No revocation or
19    suspension shall be entered more than 6 months after the
20    date of last conviction;
21        37. Has committed a violation of subsection (c) of
22    Section 11-907 of this Code that resulted in damage to the
23    property of another or the death or injury of another;
24        38. Has been convicted of a violation of Section 6-20
25    of the Liquor Control Act of 1934 or a similar provision of
26    a local ordinance and the person was an occupant of a motor

 

 

10000SB2411sam003- 43 -LRB100 17944 LNS 40580 a

1    vehicle at the time of the violation;
2        39. Has committed a second or subsequent violation of
3    Section 11-1201 of this Code;
4        40. Has committed a violation of subsection (a-1) of
5    Section 11-908 of this Code;
6        41. Has committed a second or subsequent violation of
7    Section 11-605.1 of this Code, a similar provision of a
8    local ordinance, or a similar violation in any other state
9    within 2 years of the date of the previous violation, in
10    which case the suspension shall be for 90 days;
11        42. Has committed a violation of subsection (a-1) of
12    Section 11-1301.3 of this Code or a similar provision of a
13    local ordinance;
14        43. Has received a disposition of court supervision for
15    a violation of subsection (a), (d), or (e) of Section 6-20
16    of the Liquor Control Act of 1934 or a similar provision of
17    a local ordinance and the person was an occupant of a motor
18    vehicle at the time of the violation, in which case the
19    suspension shall be for a period of 3 months;
20        44. Is under the age of 21 years at the time of arrest
21    and has been convicted of an offense against traffic
22    regulations governing the movement of vehicles after
23    having previously had his or her driving privileges
24    suspended or revoked pursuant to subparagraph 36 of this
25    Section;
26        45. Has, in connection with or during the course of a

 

 

10000SB2411sam003- 44 -LRB100 17944 LNS 40580 a

1    formal hearing conducted under Section 2-118 of this Code:
2    (i) committed perjury; (ii) submitted fraudulent or
3    falsified documents; (iii) submitted documents that have
4    been materially altered; or (iv) submitted, as his or her
5    own, documents that were in fact prepared or composed for
6    another person;
7        46. Has committed a violation of subsection (j) of
8    Section 3-413 of this Code;
9        47. Has committed a violation of subsection (a) of
10    Section 11-502.1 of this Code; or
11        48. Has submitted a falsified or altered medical
12    examiner's certificate to the Secretary of State or
13    provided false information to obtain a medical examiner's
14    certificate.
15    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
16and 27 of this subsection, license means any driver's license,
17any traffic ticket issued when the person's driver's license is
18deposited in lieu of bail, a suspension notice issued by the
19Secretary of State, a duplicate or corrected driver's license,
20a probationary driver's license or a temporary driver's
21license.
22    (b) If any conviction forming the basis of a suspension or
23revocation authorized under this Section is appealed, the
24Secretary of State may rescind or withhold the entry of the
25order of suspension or revocation, as the case may be, provided
26that a certified copy of a stay order of a court is filed with

 

 

10000SB2411sam003- 45 -LRB100 17944 LNS 40580 a

1the Secretary of State. If the conviction is affirmed on
2appeal, the date of the conviction shall relate back to the
3time the original judgment of conviction was entered and the 6
4month limitation prescribed shall not apply.
5    (c) 1. Upon suspending or revoking the driver's license or
6permit of any person as authorized in this Section, the
7Secretary of State shall immediately notify the person in
8writing of the revocation or suspension. The notice to be
9deposited in the United States mail, postage prepaid, to the
10last known address of the person.
11    2. If the Secretary of State suspends the driver's license
12of a person under subsection 2 of paragraph (a) of this
13Section, a person's privilege to operate a vehicle as an
14occupation shall not be suspended, provided an affidavit is
15properly completed, the appropriate fee received, and a permit
16issued prior to the effective date of the suspension, unless 5
17offenses were committed, at least 2 of which occurred while
18operating a commercial vehicle in connection with the driver's
19regular occupation. All other driving privileges shall be
20suspended by the Secretary of State. Any driver prior to
21operating a vehicle for occupational purposes only must submit
22the affidavit on forms to be provided by the Secretary of State
23setting forth the facts of the person's occupation. The
24affidavit shall also state the number of offenses committed
25while operating a vehicle in connection with the driver's
26regular occupation. The affidavit shall be accompanied by the

 

 

10000SB2411sam003- 46 -LRB100 17944 LNS 40580 a

1driver's license. Upon receipt of a properly completed
2affidavit, the Secretary of State shall issue the driver a
3permit to operate a vehicle in connection with the driver's
4regular occupation only. Unless the permit is issued by the
5Secretary of State prior to the date of suspension, the
6privilege to drive any motor vehicle shall be suspended as set
7forth in the notice that was mailed under this Section. If an
8affidavit is received subsequent to the effective date of this
9suspension, a permit may be issued for the remainder of the
10suspension period.
11    The provisions of this subparagraph shall not apply to any
12driver required to possess a CDL for the purpose of operating a
13commercial motor vehicle.
14    Any person who falsely states any fact in the affidavit
15required herein shall be guilty of perjury under Section 6-302
16and upon conviction thereof shall have all driving privileges
17revoked without further rights.
18    3. At the conclusion of a hearing under Section 2-118 of
19this Code, the Secretary of State shall either rescind or
20continue an order of revocation or shall substitute an order of
21suspension; or, good cause appearing therefor, rescind,
22continue, change, or extend the order of suspension. If the
23Secretary of State does not rescind the order, the Secretary
24may upon application, to relieve undue hardship (as defined by
25the rules of the Secretary of State), issue a restricted
26driving permit granting the privilege of driving a motor

 

 

10000SB2411sam003- 47 -LRB100 17944 LNS 40580 a

1vehicle between the petitioner's residence and petitioner's
2place of employment or within the scope of the petitioner's
3employment related duties, or to allow the petitioner to
4transport himself or herself, or a family member of the
5petitioner's household to a medical facility, to receive
6necessary medical care, to allow the petitioner to transport
7himself or herself to and from alcohol or drug remedial or
8rehabilitative activity recommended by a licensed service
9provider, or to allow the petitioner to transport himself or
10herself or a family member of the petitioner's household to
11classes, as a student, at an accredited educational
12institution, or to allow the petitioner to transport children,
13elderly persons, or persons with disabilities who do not hold
14driving privileges and are living in the petitioner's household
15to and from daycare. The petitioner must demonstrate that no
16alternative means of transportation is reasonably available
17and that the petitioner will not endanger the public safety or
18welfare.
19        (A) If a person's license or permit is revoked or
20    suspended due to 2 or more convictions of violating Section
21    11-501 of this Code or a similar provision of a local
22    ordinance or a similar out-of-state offense, or Section 9-3
23    of the Criminal Code of 1961 or the Criminal Code of 2012,
24    where the use of alcohol or other drugs is recited as an
25    element of the offense, or a similar out-of-state offense,
26    or a combination of these offenses, arising out of separate

 

 

10000SB2411sam003- 48 -LRB100 17944 LNS 40580 a

1    occurrences, that person, if issued a restricted driving
2    permit, may not operate a vehicle unless it has been
3    equipped with an ignition interlock device as defined in
4    Section 1-129.1.
5        (B) If a person's license or permit is revoked or
6    suspended 2 or more times due to any combination of:
7            (i) a single conviction of violating Section
8        11-501 of this Code or a similar provision of a local
9        ordinance or a similar out-of-state offense or Section
10        9-3 of the Criminal Code of 1961 or the Criminal Code
11        of 2012, where the use of alcohol or other drugs is
12        recited as an element of the offense, or a similar
13        out-of-state offense; or
14            (ii) a statutory summary suspension or revocation
15        under Section 11-501.1; or
16            (iii) a suspension under Section 6-203.1;
17    arising out of separate occurrences; that person, if issued
18    a restricted driving permit, may not operate a vehicle
19    unless it has been equipped with an ignition interlock
20    device as defined in Section 1-129.1.
21        (B-5) If a person's license or permit is revoked or
22    suspended due to a conviction for a violation of
23    subparagraph (C) or (F) of paragraph (1) of subsection (d)
24    of Section 11-501 of this Code, or a similar provision of a
25    local ordinance or similar out-of-state offense, that
26    person, if issued a restricted driving permit, may not

 

 

10000SB2411sam003- 49 -LRB100 17944 LNS 40580 a

1    operate a vehicle unless it has been equipped with an
2    ignition interlock device as defined in Section 1-129.1.
3        (C) The person issued a permit conditioned upon the use
4    of an ignition interlock device must pay to the Secretary
5    of State DUI Administration Fund an amount not to exceed
6    $30 per month. The Secretary shall establish by rule the
7    amount and the procedures, terms, and conditions relating
8    to these fees.
9        (D) If the restricted driving permit is issued for
10    employment purposes, then the prohibition against
11    operating a motor vehicle that is not equipped with an
12    ignition interlock device does not apply to the operation
13    of an occupational vehicle owned or leased by that person's
14    employer when used solely for employment purposes. For any
15    person who, within a 5-year period, is convicted of a
16    second or subsequent offense under Section 11-501 of this
17    Code, or a similar provision of a local ordinance or
18    similar out-of-state offense, this employment exemption
19    does not apply until either a one-year period has elapsed
20    during which that person had his or her driving privileges
21    revoked or a one-year period has elapsed during which that
22    person had a restricted driving permit which required the
23    use of an ignition interlock device on every motor vehicle
24    owned or operated by that person.
25        (E) In each case the Secretary may issue a restricted
26    driving permit for a period deemed appropriate, except that

 

 

10000SB2411sam003- 50 -LRB100 17944 LNS 40580 a

1    all permits shall expire within one year from the date of
2    issuance. A restricted driving permit issued under this
3    Section shall be subject to cancellation, revocation, and
4    suspension by the Secretary of State in like manner and for
5    like cause as a driver's license issued under this Code may
6    be cancelled, revoked, or suspended; except that a
7    conviction upon one or more offenses against laws or
8    ordinances regulating the movement of traffic shall be
9    deemed sufficient cause for the revocation, suspension, or
10    cancellation of a restricted driving permit. The Secretary
11    of State may, as a condition to the issuance of a
12    restricted driving permit, require the applicant to
13    participate in a designated driver remedial or
14    rehabilitative program. The Secretary of State is
15    authorized to cancel a restricted driving permit if the
16    permit holder does not successfully complete the program.
17        (F) A person subject to the provisions of paragraph 4
18    of subsection (b) of Section 6-208 of this Code may make
19    application for a restricted driving permit at a hearing
20    conducted under Section 2-118 of this Code after the
21    expiration of 5 years from the effective date of the most
22    recent revocation or after 5 years from the date of release
23    from a period of imprisonment resulting from a conviction
24    of the most recent offense, whichever is later, provided
25    the person, in addition to all other requirements of the
26    Secretary, shows by clear and convincing evidence:

 

 

10000SB2411sam003- 51 -LRB100 17944 LNS 40580 a

1            (i) a minimum of 3 years of uninterrupted
2        abstinence from alcohol and the unlawful use or
3        consumption of cannabis under the Cannabis Control
4        Act, a controlled substance under the Illinois
5        Controlled Substances Act, an intoxicating compound
6        under the Use of Intoxicating Compounds Act, or
7        methamphetamine under the Methamphetamine Control and
8        Community Protection Act; and
9            (ii) the successful completion of any
10        rehabilitative treatment and involvement in any
11        ongoing rehabilitative activity that may be
12        recommended by a properly licensed service provider
13        according to an assessment of the person's alcohol or
14        drug use under Section 11-501.01 of this Code.
15        In determining whether an applicant is eligible for a
16    restricted driving permit under this subparagraph (F), the
17    Secretary may consider any relevant evidence, including,
18    but not limited to, testimony, affidavits, records, and the
19    results of regular alcohol or drug tests. Persons subject
20    to the provisions of paragraph 4 of subsection (b) of
21    Section 6-208 of this Code and who have been convicted of
22    more than one violation of paragraph (3), paragraph (4), or
23    paragraph (5) of subsection (a) of Section 11-501 of this
24    Code shall not be eligible to apply for a restricted
25    driving permit under this subparagraph (F).
26        A restricted driving permit issued under this

 

 

10000SB2411sam003- 52 -LRB100 17944 LNS 40580 a

1    subparagraph (F) shall provide that the holder may only
2    operate motor vehicles equipped with an ignition interlock
3    device as required under paragraph (2) of subsection (c) of
4    Section 6-205 of this Code and subparagraph (A) of
5    paragraph 3 of subsection (c) of this Section. The
6    Secretary may revoke a restricted driving permit or amend
7    the conditions of a restricted driving permit issued under
8    this subparagraph (F) if the holder operates a vehicle that
9    is not equipped with an ignition interlock device, or for
10    any other reason authorized under this Code.
11        A restricted driving permit issued under this
12    subparagraph (F) shall be revoked, and the holder barred
13    from applying for or being issued a restricted driving
14    permit in the future, if the holder is convicted of a
15    violation of Section 11-501 of this Code, a similar
16    provision of a local ordinance, or a similar offense in
17    another state.
18    (c-3) In the case of a suspension under paragraph 43 of
19subsection (a), reports received by the Secretary of State
20under this Section shall, except during the actual time the
21suspension is in effect, be privileged information and for use
22only by the courts, police officers, prosecuting authorities,
23the driver licensing administrator of any other state, the
24Secretary of State, or the parent or legal guardian of a driver
25under the age of 18. However, beginning January 1, 2008, if the
26person is a CDL holder, the suspension shall also be made

 

 

10000SB2411sam003- 53 -LRB100 17944 LNS 40580 a

1available to the driver licensing administrator of any other
2state, the U.S. Department of Transportation, and the affected
3driver or motor carrier or prospective motor carrier upon
4request.
5    (c-4) In the case of a suspension under paragraph 43 of
6subsection (a), the Secretary of State shall notify the person
7by mail that his or her driving privileges and driver's license
8will be suspended one month after the date of the mailing of
9the notice.
10    (c-5) The Secretary of State may, as a condition of the
11reissuance of a driver's license or permit to an applicant
12whose driver's license or permit has been suspended before he
13or she reached the age of 21 years pursuant to any of the
14provisions of this Section, require the applicant to
15participate in a driver remedial education course and be
16retested under Section 6-109 of this Code.
17    (d) This Section is subject to the provisions of the
18Drivers License Compact.
19    (e) The Secretary of State shall not issue a restricted
20driving permit to a person under the age of 16 years whose
21driving privileges have been suspended or revoked under any
22provisions of this Code.
23    (f) In accordance with 49 C.F.R. 384, the Secretary of
24State may not issue a restricted driving permit for the
25operation of a commercial motor vehicle to a person holding a
26CDL whose driving privileges have been suspended, revoked,

 

 

10000SB2411sam003- 54 -LRB100 17944 LNS 40580 a

1cancelled, or disqualified under any provisions of this Code.
2(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
3eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
499-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
599-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
 
6    (625 ILCS 5/6-209.1 new)
7    Sec. 6-209.1. Restoration of driving privileges; right to
8hearing.
9    (a) The Secretary shall rescind the suspension or
10cancellation of a person's driver's license that has been
11suspended or cancelled prior to the effective date of this
12amendatory Act of the 100th General Assembly due to:
13        (1) the person being convicted of theft of motor fuel
14    under Sections 16-25 or 16K-15 of the Criminal Code of 1961
15    or the Criminal Code of 2012;
16        (2) the person, since the issuance of the driver's
17    license, being adjudged to be afflicted with or suffering
18    from any mental disability or disease;
19        (3) a violation of Section 6-16 of the Liquor Control
20    Act of 1934 or a similar provision of a local ordinance;
21        (4) the person being convicted of a violation of
22    Section 6-20 of the Liquor Control Act of 1934 or a similar
23    provision of a local ordinance, if the person presents a
24    certified copy of a court order that includes a finding
25    that the person was not an occupant of a motor vehicle at

 

 

10000SB2411sam003- 55 -LRB100 17944 LNS 40580 a

1    the time of the violation;
2        (5) the person receiving a disposition of court
3    supervision for a violation of subsections (a), (d), or (e)
4    of Section 6-20 of the Liquor Control Act of 1934 or a
5    similar provision of a local ordinance, if the person
6    presents a certified copy of a court order that includes a
7    finding that the person was not an occupant of a motor
8    vehicle at the time of the violation;
9        (6) the person failing to satisfy any fine or penalty
10    resulting from a final order issued by the Authority
11    relating directly or indirectly to 5 or more toll
12    violations, toll evasions, or both;
13        (7) the person being convicted of a violation of
14    Section 4-102 of this Code, if the person presents a
15    certified copy of a court order that includes a finding
16    that the person did not exercise actual physical control of
17    the vehicle at the time of the violation; or
18        (8) the person being convicted of criminal trespass to
19    vehicles under Section 21-2 of the Criminal Code of 2012,
20    if the person presents a certified copy of a court order
21    that includes a finding that the person did not exercise
22    actual physical control of the vehicle at the time of the
23    violation.
24    (b) In the case of a license that has been suspended before
25the effective date of this amendatory Act of the 100th General
26Assembly due to the person failing to pay any fine or penalty

 

 

10000SB2411sam003- 56 -LRB100 17944 LNS 40580 a

1due or owing as a result of 10 or more violations of a
2municipality's or county's vehicular standing, parking, or
3compliance regulations established by ordinance under Section
411-208.3, the municipality or county shall, within 90 days
5after the effective date of this amendatory Act of the 100th
6General Assembly, provide the person with notice that the
7person has a right to a hearing under Section 11-208.3a. The
8notice shall be sent by first class United States mail, postage
9prepaid, to the address of the registered owner or lessee of
10the cited vehicle as recorded with the Secretary of State or
11the lessor of the motor vehicle or, if any notice to that
12address is returned as undeliverable or unclaimed, by first
13class mail to the last known address recorded in a United
14States Post Office approved database.
 
15    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
16    Sec. 6-306.5. Failure to pay fine or penalty for standing,
17parking, compliance, automated speed enforcement system, or
18automated traffic law violations; suspension of driving
19privileges.
20    (a) Upon receipt of a certified report, as prescribed by
21subsection (c) of this Section, from any municipality or county
22stating that the owner of a registered vehicle: (1) has failed
23to pay any fine or penalty due and owing as a result of 10 or
24more violations of a municipality's or county's vehicular
25standing, parking, or compliance regulations established by

 

 

10000SB2411sam003- 57 -LRB100 17944 LNS 40580 a

1ordinance pursuant to Section 11-208.3 of this Code, (2) has
2failed to pay any fine or penalty due and owing as a result of 5
3offenses for automated speed enforcement system violations or
4automated traffic violations as defined in Sections 11-208.6,
511-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
6(3) is more than 14 days in default of a payment plan pursuant
7to which a suspension had been terminated under subsection (c)
8of this Section, the Secretary of State shall suspend the
9driving privileges of such person in accordance with the
10procedures set forth in this Section. The Secretary shall also
11suspend the driving privileges of an owner of a registered
12vehicle upon receipt of a certified report, as prescribed by
13subsection (f) of this Section, from any municipality or county
14stating that such person has failed to satisfy any fines or
15penalties imposed by final judgments for 5 or more automated
16speed enforcement system or automated traffic law violations,
17or combination thereof, or 10 or more violations of local
18standing, parking, or compliance regulations after exhaustion
19of administrative and judicial review procedures.
20    (b) Following receipt of the certified report of the
21municipality or county as specified in this Section, the
22Secretary of State shall notify the person whose name appears
23on the certified report that the person's driver's drivers
24license will be suspended at the end of a specified period of
25time unless the Secretary of State is presented with a notice
26from the municipality or county certifying that the fine or

 

 

10000SB2411sam003- 58 -LRB100 17944 LNS 40580 a

1penalty due and owing the municipality or county has been paid
2or that inclusion of that person's name on the certified report
3was in error. The Secretary's notice shall state in substance
4the information contained in the municipality's or county's
5certified report to the Secretary, and shall be effective as
6specified by subsection (c) of Section 6-211 of this Code.
7    (c) The report of the appropriate municipal or county
8official notifying the Secretary of State of unpaid fines or
9penalties pursuant to this Section shall be certified and shall
10contain the following:
11        (1) The name, last known address as recorded with the
12    Secretary of State, as provided by the lessor of the cited
13    vehicle at the time of lease, or as recorded in a United
14    States Post Office approved database if any notice sent
15    under Section 11-208.3 of this Code is returned as
16    undeliverable, and driver's drivers license number of the
17    person who failed to pay the fine or penalty or who has
18    defaulted in a payment plan and the registration number of
19    any vehicle known to be registered to such person in this
20    State.
21        (2) The name of the municipality or county making the
22    report pursuant to this Section.
23        (3) A statement that the municipality or county sent a
24    notice of impending driver's drivers license suspension as
25    prescribed by ordinance enacted pursuant to Section
26    11-208.3 of this Code or a notice of default in a payment

 

 

10000SB2411sam003- 59 -LRB100 17944 LNS 40580 a

1    plan, to the person named in the report at the address
2    recorded with the Secretary of State or at the last address
3    known to the lessor of the cited vehicle at the time of
4    lease or, if any notice sent under Section 11-208.3 of this
5    Code is returned as undeliverable, at the last known
6    address recorded in a United States Post Office approved
7    database; the date on which such notice was sent; and the
8    address to which such notice was sent. In a municipality or
9    county with a population of 1,000,000 or more, the report
10    shall also include a statement that the alleged violator's
11    State vehicle registration number and vehicle make, if
12    specified on the automated speed enforcement system
13    violation or automated traffic law violation notice, are
14    correct as they appear on the citations.
15        (4) A unique identifying reference number for each
16    request of suspension sent whenever a person has failed to
17    pay the fine or penalty or has defaulted on a payment plan.
18    (d) Any municipality or county making a certified report to
19the Secretary of State pursuant to this Section shall notify
20the Secretary of State, in a form prescribed by the Secretary,
21whenever a person named in the certified report has paid the
22previously reported fine or penalty, whenever a person named in
23the certified report has entered into a payment plan pursuant
24to which the municipality or county has agreed to terminate the
25suspension, or whenever the municipality or county determines
26that the original report was in error. A certified copy of such

 

 

10000SB2411sam003- 60 -LRB100 17944 LNS 40580 a

1notification shall also be given upon request and at no
2additional charge to the person named therein. Upon receipt of
3the municipality's or county's notification or presentation of
4a certified copy of such notification, the Secretary of State
5shall terminate the suspension.
6    (e) Any municipality or county making a certified report to
7the Secretary of State pursuant to this Section shall also by
8ordinance establish procedures for persons to challenge the
9accuracy of the certified report. The ordinance shall also
10state the grounds for such a challenge, which may be limited to
11(1) the person not having been the owner or lessee of the
12vehicle or vehicles receiving 10 or more standing, parking, or
13compliance violation notices or a combination of 5 or more
14automated speed enforcement system or automated traffic law
15violations on the date or dates such notices were issued; and
16(2) the person having already paid the fine or penalty for the
1710 or more standing, parking, or compliance violations or
18combination of 5 or more automated speed enforcement system or
19automated traffic law violations indicated on the certified
20report.
21    (f) Any municipality or county, other than a municipality
22or county establishing vehicular standing, parking, and
23compliance regulations pursuant to Section 11-208.3, automated
24speed enforcement system regulations under Section 11-208.8,
25or automated traffic law regulations under Section 11-208.6,
2611-208.9, or 11-1201.1, may also cause a suspension of a

 

 

10000SB2411sam003- 61 -LRB100 17944 LNS 40580 a

1person's driver's drivers license pursuant to this Section.
2Such municipality or county may invoke this sanction by making
3a certified report to the Secretary of State upon a person's
4failure to satisfy any fine or penalty imposed by final
5judgment for 10 or more violations of local standing, parking,
6or compliance regulations or a combination of 5 or more
7automated speed enforcement system or automated traffic law
8violations after exhaustion of judicial review procedures, but
9only if:
10        (1) the municipality or county complies with the
11    provisions of this Section in all respects except in regard
12    to enacting an ordinance pursuant to Section 11-208.3;
13        (2) the municipality or county has sent a notice of
14    impending driver's drivers license suspension as
15    prescribed by an ordinance enacted pursuant to subsection
16    (g) of this Section; and
17        (3) in municipalities or counties with a population of
18    1,000,000 or more, the municipality or county has verified
19    that the alleged violator's State vehicle registration
20    number and vehicle make are correct as they appear on the
21    citations; and
22        (4) in the case of final judgment for 10 or more
23    violations of local standing, parking, or compliance
24    regulations, the municipality or county first conducts a
25    hearing in accordance with Section 11-208.3a.
26    (g) Any municipality or county, other than a municipality

 

 

10000SB2411sam003- 62 -LRB100 17944 LNS 40580 a

1or county establishing standing, parking, and compliance
2regulations pursuant to Section 11-208.3, automated speed
3enforcement system regulations under Section 11-208.8, or
4automated traffic law regulations under Section 11-208.6,
511-208.9, or 11-1201.1, may provide by ordinance for the
6sending of a notice of impending driver's drivers license
7suspension to the person who has failed to satisfy any fine or
8penalty imposed by final judgment for 10 or more violations of
9local standing, parking, or compliance regulations or a
10combination of 5 or more automated speed enforcement system or
11automated traffic law violations after exhaustion of judicial
12review procedures. An ordinance so providing shall specify that
13the notice sent to the person liable for any fine or penalty
14shall state that failure to pay the fine or penalty owing
15within 45 days of the notice's date will result in the
16municipality or county notifying the Secretary of State that
17the person's driver's drivers license is eligible for
18suspension pursuant to this Section. The notice of impending
19driver's drivers license suspension shall be sent by first
20class United States mail, postage prepaid, to the address
21recorded with the Secretary of State or at the last address
22known to the lessor of the cited vehicle at the time of lease
23or, if any notice sent under Section 11-208.3 of this Code is
24returned as undeliverable, to the last known address recorded
25in a United States Post Office approved database.
26    (h) An administrative hearing to contest an impending

 

 

10000SB2411sam003- 63 -LRB100 17944 LNS 40580 a

1suspension or a suspension made pursuant to this Section may be
2had upon filing a written request with the Secretary of State.
3The filing fee for this hearing shall be $20, to be paid at the
4time the request is made. A municipality or county which files
5a certified report with the Secretary of State pursuant to this
6Section shall reimburse the Secretary for all reasonable costs
7incurred by the Secretary as a result of the filing of the
8report, including but not limited to the costs of providing the
9notice required pursuant to subsection (b) and the costs
10incurred by the Secretary in any hearing conducted with respect
11to the report pursuant to this subsection and any appeal from
12such a hearing.
13    (i) The provisions of this Section shall apply on and after
14January 1, 1988.
15    (j) For purposes of this Section, the term "compliance
16violation" is defined as in Section 11-208.3.
17(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
1898-556, eff. 1-1-14.)
 
19    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
20    Sec. 11-208.3. Administrative adjudication of violations
21of traffic regulations concerning the standing, parking, or
22condition of vehicles, automated traffic law violations, and
23automated speed enforcement system violations.
24    (a) Any municipality or county may provide by ordinance for
25a system of administrative adjudication of vehicular standing

 

 

10000SB2411sam003- 64 -LRB100 17944 LNS 40580 a

1and parking violations and vehicle compliance violations as
2described in this subsection, automated traffic law violations
3as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
4automated speed enforcement system violations as defined in
5Section 11-208.8. The administrative system shall have as its
6purpose the fair and efficient enforcement of municipal or
7county regulations through the administrative adjudication of
8automated speed enforcement system or automated traffic law
9violations and violations of municipal or county ordinances
10regulating the standing and parking of vehicles, the condition
11and use of vehicle equipment, and the display of municipal or
12county wheel tax licenses within the municipality's or county's
13borders. The administrative system shall only have authority to
14adjudicate civil offenses carrying fines not in excess of $500
15or requiring the completion of a traffic education program, or
16both, that occur after the effective date of the ordinance
17adopting such a system under this Section. For purposes of this
18Section, "compliance violation" means a violation of a
19municipal or county regulation governing the condition or use
20of equipment on a vehicle or governing the display of a
21municipal or county wheel tax license.
22    (b) Any ordinance establishing a system of administrative
23adjudication under this Section shall provide for:
24        (1) A traffic compliance administrator authorized to
25    adopt, distribute and process parking, compliance, and
26    automated speed enforcement system or automated traffic

 

 

10000SB2411sam003- 65 -LRB100 17944 LNS 40580 a

1    law violation notices and other notices required by this
2    Section, collect money paid as fines and penalties for
3    violation of parking and compliance ordinances and
4    automated speed enforcement system or automated traffic
5    law violations, and operate an administrative adjudication
6    system. The traffic compliance administrator also may make
7    a certified report to the Secretary of State under Section
8    6-306.5.
9        (2) A parking, standing, compliance, automated speed
10    enforcement system, or automated traffic law violation
11    notice that shall specify the date, time, and place of
12    violation of a parking, standing, compliance, automated
13    speed enforcement system, or automated traffic law
14    regulation; the particular regulation violated; any
15    requirement to complete a traffic education program; the
16    fine and any penalty that may be assessed for late payment
17    or failure to complete a required traffic education
18    program, or both, when so provided by ordinance; the
19    vehicle make and state registration number; and the
20    identification number of the person issuing the notice.
21    With regard to automated speed enforcement system or
22    automated traffic law violations, vehicle make shall be
23    specified on the automated speed enforcement system or
24    automated traffic law violation notice if the make is
25    available and readily discernible. With regard to
26    municipalities or counties with a population of 1 million

 

 

10000SB2411sam003- 66 -LRB100 17944 LNS 40580 a

1    or more, it shall be grounds for dismissal of a parking
2    violation if the state registration number or vehicle make
3    specified is incorrect. The violation notice shall state
4    that the completion of any required traffic education
5    program, the payment of any indicated fine, and the payment
6    of any applicable penalty for late payment or failure to
7    complete a required traffic education program, or both,
8    shall operate as a final disposition of the violation. The
9    notice also shall contain information as to the
10    availability of a hearing in which the violation may be
11    contested on its merits. The violation notice shall specify
12    the time and manner in which a hearing may be had.
13        (3) Service of the parking, standing, or compliance
14    violation notice by affixing the original or a facsimile of
15    the notice to an unlawfully parked vehicle or by handing
16    the notice to the operator of a vehicle if he or she is
17    present and service of an automated speed enforcement
18    system or automated traffic law violation notice by mail to
19    the address of the registered owner or lessee of the cited
20    vehicle as recorded with the Secretary of State or the
21    lessor of the motor vehicle within 30 days after the
22    Secretary of State or the lessor of the motor vehicle
23    notifies the municipality or county of the identity of the
24    owner or lessee of the vehicle, but not later than 90 days
25    after the violation, except that in the case of a lessee of
26    a motor vehicle, service of an automated traffic law

 

 

10000SB2411sam003- 67 -LRB100 17944 LNS 40580 a

1    violation notice may occur no later than 210 days after the
2    violation. A person authorized by ordinance to issue and
3    serve parking, standing, and compliance violation notices
4    shall certify as to the correctness of the facts entered on
5    the violation notice by signing his or her name to the
6    notice at the time of service or in the case of a notice
7    produced by a computerized device, by signing a single
8    certificate to be kept by the traffic compliance
9    administrator attesting to the correctness of all notices
10    produced by the device while it was under his or her
11    control. In the case of an automated traffic law violation,
12    the ordinance shall require a determination by a technician
13    employed or contracted by the municipality or county that,
14    based on inspection of recorded images, the motor vehicle
15    was being operated in violation of Section 11-208.6,
16    11-208.9, or 11-1201.1 or a local ordinance. If the
17    technician determines that the vehicle entered the
18    intersection as part of a funeral procession or in order to
19    yield the right-of-way to an emergency vehicle, a citation
20    shall not be issued. In municipalities with a population of
21    less than 1,000,000 inhabitants and counties with a
22    population of less than 3,000,000 inhabitants, the
23    automated traffic law ordinance shall require that all
24    determinations by a technician that a motor vehicle was
25    being operated in violation of Section 11-208.6, 11-208.9,
26    or 11-1201.1 or a local ordinance must be reviewed and

 

 

10000SB2411sam003- 68 -LRB100 17944 LNS 40580 a

1    approved by a law enforcement officer or retired law
2    enforcement officer of the municipality or county issuing
3    the violation. In municipalities with a population of
4    1,000,000 or more inhabitants and counties with a
5    population of 3,000,000 or more inhabitants, the automated
6    traffic law ordinance shall require that all
7    determinations by a technician that a motor vehicle was
8    being operated in violation of Section 11-208.6, 11-208.9,
9    or 11-1201.1 or a local ordinance must be reviewed and
10    approved by a law enforcement officer or retired law
11    enforcement officer of the municipality or county issuing
12    the violation or by an additional fully-trained reviewing
13    technician who is not employed by the contractor who
14    employs the technician who made the initial determination.
15    In the case of an automated speed enforcement system
16    violation, the ordinance shall require a determination by a
17    technician employed by the municipality, based upon an
18    inspection of recorded images, video or other
19    documentation, including documentation of the speed limit
20    and automated speed enforcement signage, and documentation
21    of the inspection, calibration, and certification of the
22    speed equipment, that the vehicle was being operated in
23    violation of Article VI of Chapter 11 of this Code or a
24    similar local ordinance. If the technician determines that
25    the vehicle speed was not determined by a calibrated,
26    certified speed equipment device based upon the speed

 

 

10000SB2411sam003- 69 -LRB100 17944 LNS 40580 a

1    equipment documentation, or if the vehicle was an emergency
2    vehicle, a citation may not be issued. The automated speed
3    enforcement ordinance shall require that all
4    determinations by a technician that a violation occurred be
5    reviewed and approved by a law enforcement officer or
6    retired law enforcement officer of the municipality
7    issuing the violation or by an additional fully trained
8    reviewing technician who is not employed by the contractor
9    who employs the technician who made the initial
10    determination. Routine and independent calibration of the
11    speeds produced by automated speed enforcement systems and
12    equipment shall be conducted annually by a qualified
13    technician. Speeds produced by an automated speed
14    enforcement system shall be compared with speeds produced
15    by lidar or other independent equipment. Radar or lidar
16    equipment shall undergo an internal validation test no less
17    frequently than once each week. Qualified technicians
18    shall test loop based equipment no less frequently than
19    once a year. Radar equipment shall be checked for accuracy
20    by a qualified technician when the unit is serviced, when
21    unusual or suspect readings persist, or when deemed
22    necessary by a reviewing technician. Radar equipment shall
23    be checked with the internal frequency generator and the
24    internal circuit test whenever the radar is turned on.
25    Technicians must be alert for any unusual or suspect
26    readings, and if unusual or suspect readings of a radar

 

 

10000SB2411sam003- 70 -LRB100 17944 LNS 40580 a

1    unit persist, that unit shall immediately be removed from
2    service and not returned to service until it has been
3    checked by a qualified technician and determined to be
4    functioning properly. Documentation of the annual
5    calibration results, including the equipment tested, test
6    date, technician performing the test, and test results,
7    shall be maintained and available for use in the
8    determination of an automated speed enforcement system
9    violation and issuance of a citation. The technician
10    performing the calibration and testing of the automated
11    speed enforcement equipment shall be trained and certified
12    in the use of equipment for speed enforcement purposes.
13    Training on the speed enforcement equipment may be
14    conducted by law enforcement, civilian, or manufacturer's
15    personnel and if applicable may be equivalent to the
16    equipment use and operations training included in the Speed
17    Measuring Device Operator Program developed by the
18    National Highway Traffic Safety Administration (NHTSA).
19    The vendor or technician who performs the work shall keep
20    accurate records on each piece of equipment the technician
21    calibrates and tests. As used in this paragraph,
22    "fully-trained reviewing technician" means a person who
23    has received at least 40 hours of supervised training in
24    subjects which shall include image inspection and
25    interpretation, the elements necessary to prove a
26    violation, license plate identification, and traffic

 

 

10000SB2411sam003- 71 -LRB100 17944 LNS 40580 a

1    safety and management. In all municipalities and counties,
2    the automated speed enforcement system or automated
3    traffic law ordinance shall require that no additional fee
4    shall be charged to the alleged violator for exercising his
5    or her right to an administrative hearing, and persons
6    shall be given at least 25 days following an administrative
7    hearing to pay any civil penalty imposed by a finding that
8    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
9    similar local ordinance has been violated. The original or
10    a facsimile of the violation notice or, in the case of a
11    notice produced by a computerized device, a printed record
12    generated by the device showing the facts entered on the
13    notice, shall be retained by the traffic compliance
14    administrator, and shall be a record kept in the ordinary
15    course of business. A parking, standing, compliance,
16    automated speed enforcement system, or automated traffic
17    law violation notice issued, signed and served in
18    accordance with this Section, a copy of the notice, or the
19    computer generated record shall be prima facie correct and
20    shall be prima facie evidence of the correctness of the
21    facts shown on the notice. The notice, copy, or computer
22    generated record shall be admissible in any subsequent
23    administrative or legal proceedings.
24        (4) An opportunity for a hearing for the registered
25    owner of the vehicle cited in the parking, standing,
26    compliance, automated speed enforcement system, or

 

 

10000SB2411sam003- 72 -LRB100 17944 LNS 40580 a

1    automated traffic law violation notice in which the owner
2    may contest the merits of the alleged violation, and during
3    which formal or technical rules of evidence shall not
4    apply; provided, however, that under Section 11-1306 of
5    this Code the lessee of a vehicle cited in the violation
6    notice likewise shall be provided an opportunity for a
7    hearing of the same kind afforded the registered owner. The
8    hearings shall be recorded, and the person conducting the
9    hearing on behalf of the traffic compliance administrator
10    shall be empowered to administer oaths and to secure by
11    subpoena both the attendance and testimony of witnesses and
12    the production of relevant books and papers. Persons
13    appearing at a hearing under this Section may be
14    represented by counsel at their expense. The ordinance may
15    also provide for internal administrative review following
16    the decision of the hearing officer.
17        (5) Service of additional notices, sent by first class
18    United States mail, postage prepaid, to the address of the
19    registered owner of the cited vehicle as recorded with the
20    Secretary of State or, if any notice to that address is
21    returned as undeliverable, to the last known address
22    recorded in a United States Post Office approved database,
23    or, under Section 11-1306 or subsection (p) of Section
24    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
25    of this Code, to the lessee of the cited vehicle at the
26    last address known to the lessor of the cited vehicle at

 

 

10000SB2411sam003- 73 -LRB100 17944 LNS 40580 a

1    the time of lease or, if any notice to that address is
2    returned as undeliverable, to the last known address
3    recorded in a United States Post Office approved database.
4    The service shall be deemed complete as of the date of
5    deposit in the United States mail. The notices shall be in
6    the following sequence and shall include but not be limited
7    to the information specified herein:
8            (i) A second notice of parking, standing, or
9        compliance violation. This notice shall specify the
10        date and location of the violation cited in the
11        parking, standing, or compliance violation notice, the
12        particular regulation violated, the vehicle make and
13        state registration number, any requirement to complete
14        a traffic education program, the fine and any penalty
15        that may be assessed for late payment or failure to
16        complete a traffic education program, or both, when so
17        provided by ordinance, the availability of a hearing in
18        which the violation may be contested on its merits, and
19        the time and manner in which the hearing may be had.
20        The notice of violation shall also state that failure
21        to complete a required traffic education program, to
22        pay the indicated fine and any applicable penalty, or
23        to appear at a hearing on the merits in the time and
24        manner specified, will result in a final determination
25        of violation liability for the cited violation in the
26        amount of the fine or penalty indicated, and that, upon

 

 

10000SB2411sam003- 74 -LRB100 17944 LNS 40580 a

1        the occurrence of a final determination of violation
2        liability for the failure, and the exhaustion of, or
3        failure to exhaust, available administrative or
4        judicial procedures for review, any incomplete traffic
5        education program or any unpaid fine or penalty, or
6        both, will constitute a debt due and owing the
7        municipality or county.
8            (ii) A notice of final determination of parking,
9        standing, compliance, automated speed enforcement
10        system, or automated traffic law violation liability.
11        This notice shall be sent following a final
12        determination of parking, standing, compliance,
13        automated speed enforcement system, or automated
14        traffic law violation liability and the conclusion of
15        judicial review procedures taken under this Section.
16        The notice shall state that the incomplete traffic
17        education program or the unpaid fine or penalty, or
18        both, is a debt due and owing the municipality or
19        county. The notice shall contain warnings that failure
20        to complete any required traffic education program or
21        to pay any fine or penalty due and owing the
22        municipality or county, or both, within the time
23        specified may result in the municipality's or county's
24        filing of a petition in the Circuit Court to have the
25        incomplete traffic education program or unpaid fine or
26        penalty, or both, rendered a judgment as provided by

 

 

10000SB2411sam003- 75 -LRB100 17944 LNS 40580 a

1        this Section, or, where applicable, may result in
2        suspension of the person's driver's drivers license
3        for failure to complete a traffic education program or
4        to pay fines or penalties, or both, for 10 or more
5        parking violations under Section 6-306.5, or a
6        combination of 5 or more automated traffic law
7        violations under Section 11-208.6 or 11-208.9 or
8        automated speed enforcement system violations under
9        Section 11-208.8.
10        (6) A notice of impending driver's drivers license
11    suspension. This notice shall be sent to the person liable
12    for failure to complete a required traffic education
13    program or to pay any fine or penalty that remains due and
14    owing, or both, on 10 or more parking violations or
15    combination of 5 or more unpaid automated speed enforcement
16    system or automated traffic law violations. The notice
17    shall state that failure to complete a required traffic
18    education program or to pay the fine or penalty owing, or
19    both, within 45 days of the notice's date will result in
20    the municipality or county notifying the Secretary of State
21    that the person is eligible for initiation of suspension
22    proceedings under Section 6-306.5 of this Code. The notice
23    shall also state that the person may obtain a photostatic
24    copy of an original ticket imposing a fine or penalty by
25    sending a self addressed, stamped envelope to the
26    municipality or county along with a request for the

 

 

10000SB2411sam003- 76 -LRB100 17944 LNS 40580 a

1    photostatic copy. The notice of impending driver's drivers
2    license suspension shall be sent by first class United
3    States mail, postage prepaid, to the address recorded with
4    the Secretary of State or, if any notice to that address is
5    returned as undeliverable, to the last known address
6    recorded in a United States Post Office approved database.
7        (6.5) In the case of a notice of impending driver's
8    license suspension issued under subsection (6) of this
9    Section for failure to pay any fine or penalty due and
10    owing on 10 or more violations of local standing, parking,
11    or compliance regulations, an additional notice that the
12    individual subject to the driver's license suspension has
13    the right to request a hearing under Section 11-208.3a of
14    this Code for the purpose of determining whether the
15    individual cannot pay the fines or penalties because he or
16    she is indigent or has a limited income.
17            (A) The notice shall be in substantially the
18        following form:
 
19             "NOTICE OF YOUR RIGHT TO A PRE-SUSPENSION HEARING
20            Your driver's license is at risk of being suspended
21        on (date of possible suspension) because you have
22        failed to pay fines and/or penalties due and owing on
23        10 or more violations of local standing, parking, or
24        compliance regulations to (Name of municipality or
25        county). These violations include:

 

 

10000SB2411sam003- 77 -LRB100 17944 LNS 40580 a

1            [list of all fines or penalties for violations of a
2        municipality's or county's vehicular standing,
3        parking, or compliance regulations leading to the
4        proposed suspension]
5            You have the right to request a hearing to
6        determine whether you are unable to pay the fines or
7        penalties because of a financial hardship. If the
8        hearing officer determines that you are unable to pay
9        because of a financial hardship, then you may be placed
10        on a payment plan based on your income and your
11        driver's license will not be suspended.
12            You can request a hearing by filling out the
13        enclosed form and mailing it to (address and phone
14        number of municipality or county). (Municipality or
15        County) may also accept requests by email at (insert
16        email here, if applicable).".
17            (B) The notice of impending suspension set forth in
18        this subparagraph shall be accompanied by a request for
19        hearing with the relevant information inserted by the
20        municipality or county. The request for hearing shall
21        be in substantially the following form:
 
22
"REQUEST FOR HEARING
23            Re: [Driver's License number and any other account
24        number used by the municipality or county]:
25            To:

 

 

10000SB2411sam003- 78 -LRB100 17944 LNS 40580 a

1            Name of Municipality or County....................
2            Mailing Address...................
3            I, (insert name), hereby request a pre-suspension
4        hearing.
 
5            ............................................
6            (Signed by)     (Date)".
 
7        (7) Final determinations of violation liability. A
8    final determination of violation liability shall occur
9    following failure to complete the required traffic
10    education program or to pay the fine or penalty, or both,
11    after a hearing officer's determination of violation
12    liability and the exhaustion of or failure to exhaust any
13    administrative review procedures provided by ordinance.
14    Where a person fails to appear at a hearing to contest the
15    alleged violation in the time and manner specified in a
16    prior mailed notice, the hearing officer's determination
17    of violation liability shall become final: (A) upon denial
18    of a timely petition to set aside that determination, or
19    (B) upon expiration of the period for filing the petition
20    without a filing having been made.
21        (8) A petition to set aside a determination of parking,
22    standing, compliance, automated speed enforcement system,
23    or automated traffic law violation liability that may be
24    filed by a person owing an unpaid fine or penalty. A

 

 

10000SB2411sam003- 79 -LRB100 17944 LNS 40580 a

1    petition to set aside a determination of liability may also
2    be filed by a person required to complete a traffic
3    education program. The petition shall be filed with and
4    ruled upon by the traffic compliance administrator in the
5    manner and within the time specified by ordinance. The
6    grounds for the petition may be limited to: (A) the person
7    not having been the owner or lessee of the cited vehicle on
8    the date the violation notice was issued, (B) the person
9    having already completed the required traffic education
10    program or paid the fine or penalty, or both, for the
11    violation in question, and (C) excusable failure to appear
12    at or request a new date for a hearing. With regard to
13    municipalities or counties with a population of 1 million
14    or more, it shall be grounds for dismissal of a parking
15    violation if the state registration number, or vehicle make
16    if specified, is incorrect. After the determination of
17    parking, standing, compliance, automated speed enforcement
18    system, or automated traffic law violation liability has
19    been set aside upon a showing of just cause, the registered
20    owner shall be provided with a hearing on the merits for
21    that violation.
22        (9) Procedures for non-residents. Procedures by which
23    persons who are not residents of the municipality or county
24    may contest the merits of the alleged violation without
25    attending a hearing.
26        (10) A schedule of civil fines for violations of

 

 

10000SB2411sam003- 80 -LRB100 17944 LNS 40580 a

1    vehicular standing, parking, compliance, automated speed
2    enforcement system, or automated traffic law regulations
3    enacted by ordinance pursuant to this Section, and a
4    schedule of penalties for late payment of the fines or
5    failure to complete required traffic education programs,
6    provided, however, that the total amount of the fine and
7    penalty for any one violation shall not exceed $250, except
8    as provided in subsection (c) of Section 11-1301.3 of this
9    Code.
10        (11) Other provisions as are necessary and proper to
11    carry into effect the powers granted and purposes stated in
12    this Section.
13    (c) Any municipality or county establishing vehicular
14standing, parking, compliance, automated speed enforcement
15system, or automated traffic law regulations under this Section
16may also provide by ordinance for a program of vehicle
17immobilization for the purpose of facilitating enforcement of
18those regulations. The program of vehicle immobilization shall
19provide for immobilizing any eligible vehicle upon the public
20way by presence of a restraint in a manner to prevent operation
21of the vehicle. Any ordinance establishing a program of vehicle
22immobilization under this Section shall provide:
23        (1) Criteria for the designation of vehicles eligible
24    for immobilization. A vehicle shall be eligible for
25    immobilization when the registered owner of the vehicle has
26    accumulated the number of incomplete traffic education

 

 

10000SB2411sam003- 81 -LRB100 17944 LNS 40580 a

1    programs or unpaid final determinations of parking,
2    standing, compliance, automated speed enforcement system,
3    or automated traffic law violation liability, or both, as
4    determined by ordinance.
5        (2) A notice of impending vehicle immobilization and a
6    right to a hearing to challenge the validity of the notice
7    by disproving liability for the incomplete traffic
8    education programs or unpaid final determinations of
9    parking, standing, compliance, automated speed enforcement
10    system, or automated traffic law violation liability, or
11    both, listed on the notice.
12        (3) The right to a prompt hearing after a vehicle has
13    been immobilized or subsequently towed without the
14    completion of the required traffic education program or
15    payment of the outstanding fines and penalties on parking,
16    standing, compliance, automated speed enforcement system,
17    or automated traffic law violations, or both, for which
18    final determinations have been issued. An order issued
19    after the hearing is a final administrative decision within
20    the meaning of Section 3-101 of the Code of Civil
21    Procedure.
22        (4) A post immobilization and post-towing notice
23    advising the registered owner of the vehicle of the right
24    to a hearing to challenge the validity of the impoundment.
25    (d) Judicial review of final determinations of parking,
26standing, compliance, automated speed enforcement system, or

 

 

10000SB2411sam003- 82 -LRB100 17944 LNS 40580 a

1automated traffic law violations and final administrative
2decisions issued after hearings regarding vehicle
3immobilization and impoundment made under this Section shall be
4subject to the provisions of the Administrative Review Law.
5    (e) Any fine, penalty, incomplete traffic education
6program, or part of any fine or any penalty remaining unpaid
7after the exhaustion of, or the failure to exhaust,
8administrative remedies created under this Section and the
9conclusion of any judicial review procedures shall be a debt
10due and owing the municipality or county and, as such, may be
11collected in accordance with applicable law. Completion of any
12required traffic education program and payment in full of any
13fine or penalty resulting from a standing, parking, compliance,
14automated speed enforcement system, or automated traffic law
15violation shall constitute a final disposition of that
16violation.
17    (f) After the expiration of the period within which
18judicial review may be sought for a final determination of
19parking, standing, compliance, automated speed enforcement
20system, or automated traffic law violation, the municipality or
21county may commence a proceeding in the Circuit Court for
22purposes of obtaining a judgment on the final determination of
23violation. Nothing in this Section shall prevent a municipality
24or county from consolidating multiple final determinations of
25parking, standing, compliance, automated speed enforcement
26system, or automated traffic law violations against a person in

 

 

10000SB2411sam003- 83 -LRB100 17944 LNS 40580 a

1a proceeding. Upon commencement of the action, the municipality
2or county shall file a certified copy or record of the final
3determination of parking, standing, compliance, automated
4speed enforcement system, or automated traffic law violation,
5which shall be accompanied by a certification that recites
6facts sufficient to show that the final determination of
7violation was issued in accordance with this Section and the
8applicable municipal or county ordinance. Service of the
9summons and a copy of the petition may be by any method
10provided by Section 2-203 of the Code of Civil Procedure or by
11certified mail, return receipt requested, provided that the
12total amount of fines and penalties for final determinations of
13parking, standing, compliance, automated speed enforcement
14system, or automated traffic law violations does not exceed
15$2500. If the court is satisfied that the final determination
16of parking, standing, compliance, automated speed enforcement
17system, or automated traffic law violation was entered in
18accordance with the requirements of this Section and the
19applicable municipal or county ordinance, and that the
20registered owner or the lessee, as the case may be, had an
21opportunity for an administrative hearing and for judicial
22review as provided in this Section, the court shall render
23judgment in favor of the municipality or county and against the
24registered owner or the lessee for the amount indicated in the
25final determination of parking, standing, compliance,
26automated speed enforcement system, or automated traffic law

 

 

10000SB2411sam003- 84 -LRB100 17944 LNS 40580 a

1violation, plus costs. The judgment shall have the same effect
2and may be enforced in the same manner as other judgments for
3the recovery of money.
4    (g) The fee for participating in a traffic education
5program under this Section shall not exceed $25.
6    A low-income individual required to complete a traffic
7education program under this Section who provides proof of
8eligibility for the federal earned income tax credit under
9Section 32 of the Internal Revenue Code or the Illinois earned
10income tax credit under Section 212 of the Illinois Income Tax
11Act shall not be required to pay any fee for participating in a
12required traffic education program.
13(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,
14eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
 
15    (625 ILCS 5/11-208.3a new)
16    Sec. 11-208.3a. Hearing to determine ability to satisfy
17fines or penalties for 10 or more violations of local standing,
18parking, or compliance regulations.
19    (a) If an individual requests a hearing as provided in
20subparagraph (6.5) of Section 11-208.3 of this Code, the
21municipality or county shall provide at least 21 days' written
22notice of the hearing. The notice shall:
23        (1) include a clear and prominent statement that the
24    hearing will determine whether the individual's driver's
25    license will be suspended for failing to pay fines or

 

 

10000SB2411sam003- 85 -LRB100 17944 LNS 40580 a

1    penalties for violations of a municipality's or county's
2    vehicular standing, parking, or compliance regulations;
3        (2) include a list of all fines or penalties for
4    violations of a municipality's or county's vehicular
5    standing, parking, or compliance regulations leading to
6    the proposed suspension;
7        (3) clearly inform the individual that:
8            (A) at the hearing, a hearing officer may determine
9        whether the individual failed to pay the fines or
10        penalties due and owing because of financial hardship;
11            (B) if the hearing officer determines that the
12        individual failed to pay the fines or penalties due and
13        owing because of financial hardship, then the hearing
14        officer shall determine an amount, if any, that the
15        individual can afford in a payment plan;
16            (C) at the hearing, the individual may: (I) provide
17        information that he or she is unable to pay the amount
18        due and owing; (II) provide evidence that the
19        municipality or county is relying on inaccurate
20        information; or (III) otherwise provide a defense to
21        the suspension;
22            (D) the individual should bring documents that
23        show the individual's income, including pay stubs, tax
24        returns, and any documents that show that he or she is
25        participating in a program for low-income individuals,
26        such as the Supplemental Nutrition Assistance Program

 

 

10000SB2411sam003- 86 -LRB100 17944 LNS 40580 a

1        or Medicaid;
2        (4) provide the date, time, and location of the
3    hearing; and
4        (5) include information about how to request a new
5    hearing date if the individual cannot attend the hearing.
6    Except in the case of an emergency, a request by an
7individual for a new hearing date shall be made no fewer than 3
8days before the scheduled hearing.
9    Notice shall be served by first class United States mail,
10postage prepaid, to the address of the registered owner or
11lessee of the cited vehicle as recorded with the Secretary of
12State or the lessor of the motor vehicle or, if any notice to
13that address is returned as undeliverable or unclaimed, by
14first class mail to the last known address recorded in a United
15States Post Office approved database.
16    (b) The hearing officer shall make a determination
17concerning the individual's ability to pay.
18        (1) An individual is indigent if he or she:
19            (A) has a household income of 200% or less than the
20        Federal Poverty Level; or
21            (B) participates in any of the following programs:
22        Supplemental Security Income; Social Security
23        Disability Income; the Special Supplemental Nutrition
24        Program for Women, Infants and Children; Aid to the
25        Aged, Blind, and Disabled; Temporary Assistance for
26        Needy Families; Unemployment Insurance Benefits;

 

 

10000SB2411sam003- 87 -LRB100 17944 LNS 40580 a

1        Medicaid; Supplemental Nutrition Assistance Program;
2        General Assistance; Transitional Assistance; or State
3        Children and Family Assistance.
4        (2) An individual has a limited income if:
5            (A) his or her household income is more than 200%
6        but less than 400% of Federal Poverty Level; or
7            (B) the hearing officer determines that the
8        individual cannot pay fines or penalties without using
9        money that normally would pay for the common
10        necessities of life of the individual and his or her
11        family.
12    (c) An individual may demonstrate that he or she is
13indigent or of limited income by providing any of the
14following:
15        (1) proof of income from a pay stub, bank statement,
16    tax return, rent, or other evidence of earnings;
17        (2) eligibility cards or electronic benefit cards or
18    other documents that show participation in a public
19    benefits programs described in subdivision (c)(1)(B); or
20        (3) an attestation, made under penalty of perjury, of
21    the individual's indigent status.
22    (d) A hearing officer may continue a hearing as needed to
23allow the individual to present additional information or
24enable the hearing officer to make additional determinations.
25    (e) In the case of an indigent individual, unless the
26hearing officer determines that a payment plan of any amount

 

 

10000SB2411sam003- 88 -LRB100 17944 LNS 40580 a

1would cause the individual hardship, the hearing officer shall
2establish a monthly payment plan of the greater of $1 or 0.5%
3of the individual's average monthly income. The payment plan
4shall continue until the earlier of:
5        (1) 60 months of payments on the plan; or
6        (2) the individual has satisfied the amount due and
7    owing.
8    After the earlier of item (1) or (2) of this subsection
9takes place, the fines or penalties shall be deemed to be
10satisfied.
11    (f) In the case of a limited income individual, unless the
12hearing officer determines that a payment plan of any amount
13would cause the individual hardship, the hearing officer shall
14establish a monthly payment plan of no more than 5% of the
15individual's average monthly income. The payment plan shall
16continue until the earlier of:
17        (1) 60 months of payments on the plan; or
18        (2) the individual has satisfied the amount due and
19    owing.
20    After the earlier of item (1) or (2) of this subsection
21takes place, the fines or penalties shall be deemed to be
22satisfied.
23    (g) If the individual makes timely payments on a payment
24plan ordered under this Section, the municipality or county may
25not pursue other means to collect on the debt. If the
26individual misses a payment, the municipality or county may,

 

 

10000SB2411sam003- 89 -LRB100 17944 LNS 40580 a

1after providing the individual with 60 days' written notice and
2an opportunity to come current, pursue collection of the debt.
3The municipality or county may not cause the suspension of the
4driver's license of an indigent person as part of the debt
5collection activities of the municipality or county.
6    (h) If the individual does not appear at the pre-suspension
7hearing, the municipality or county shall provide written
8notice of the outcome of the hearing by first class mail,
9postage prepaid.
10    (i) An individual whose driver's license is suspended
11because of 10 or more violations of vehicular standing,
12parking, or compliance regulations may request a hearing under
13this Section to determine ability to pay and establish a
14payment plan by submitting a request in writing to the
15municipal or county authority that collects unpaid fines or
16penalties for violations of vehicular standing, parking, or
17compliance regulations. Any notice regarding the suspension of
18a driver's license issued by the municipality or county shall
19inform the individual about how to request a hearing under this
20Section.
21    (j) An individual on a payment plan who has experienced a
22reduction in income may request a hearing under this Section by
23submitting a request in writing to the municipal or county
24authority that collects unpaid fines or penalties for
25violations of vehicular standing, parking, or compliance
26regulations.

 

 

10000SB2411sam003- 90 -LRB100 17944 LNS 40580 a

1    (k) Nothing in this Section prohibits an individual who is
2not indigent or of limited income from agreeing to a payment
3plan with the municipality or county in order to satisfy the
4financial obligations and avoid suspension of the driver's
5license of the individual.
 
6    (625 ILCS 5/6-205.2 rep.)
7    (625 ILCS 5/6-306.7 rep.)
8    Section 10. The Illinois Vehicle Code is amended by
9repealing Sections 6-205.2 and 6-306.7.
 
10    Section 99. Effective date. This Act takes effect July 1,
112019.".