HB4403 Enrolled LRB093 15068 DRH 44356 b

1     AN ACT concerning vehicles.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 6-103, 6-107, 6-118, 6-206, 6-208, and 6-306.6 and by
6 adding Section 1-157.5 as follows:
 
7     (625 ILCS 5/1-157.5 new)
8     Sec. 1-157.5. Peace officer. Any person who by virtue of
9 his or her public employment is vested by law with a duty to
10 maintain public order or to make arrests for offenses, whether
11 that duty extends to all offenses or is limited to specific
12 offenses.
 
13     (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
14     Sec. 6-103. What persons shall not be licensed as drivers
15 or granted permits. The Secretary of State shall not issue,
16 renew, or allow the retention of any driver's license nor issue
17 any permit under this Code:
18         1. To any person, as a driver, who is under the age of
19     18 years except as provided in Section 6-107, and except
20     that an instruction permit may be issued under Section
21     6-107.1 paragraphs (a) and (b) of Section 6-105 to a child
22     who is not less than 15 years of age if the child is
23     enrolled in an approved driver education course as defined
24     in Section 1-103 of this Code and requires an instruction
25     permit to participate therein, except that an instruction
26     permit may be issued under the provisions of Section
27     6-107.1 to a child who is 17 years and 9 months of age
28     without the child having enrolled in an approved driver
29     education course and except that an instruction permit may
30     be issued to a child who is at least 15 years and 6 months
31     of age, is enrolled in school, meets the educational

 

 

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1     requirements of the Driver Education Act, and has passed
2     examinations the Secretary of State in his or her
3     discretion may prescribe;
4         2. To any person who is under the age of 18 as an
5     operator of a motorcycle other than a motor driven cycle
6     unless the person has, in addition to meeting the
7     provisions of Section 6-107 of this Code, successfully
8     completed a motorcycle training course approved by the
9     Illinois Department of Transportation and successfully
10     completes the required Secretary of State's motorcycle
11     driver's examination;
12         3. To any person, as a driver, whose driver's license
13     or permit has been suspended, during the suspension, nor to
14     any person whose driver's license or permit has been
15     revoked, except as provided in Sections 6-205, 6-206, and
16     6-208;
17         4. To any person, as a driver, who is a user of alcohol
18     or any other drug to a degree that renders the person
19     incapable of safely driving a motor vehicle;
20         5. To any person, as a driver, who has previously been
21     adjudged to be afflicted with or suffering from any mental
22     or physical disability or disease and who has not at the
23     time of application been restored to competency by the
24     methods provided by law;
25         6. To any person, as a driver, who is required by the
26     Secretary of State to submit an alcohol and drug evaluation
27     or take an examination provided for in this Code unless the
28     person has successfully passed the examination and
29     submitted any required evaluation;
30         7. To any person who is required under the provisions
31     of the laws of this State to deposit security or proof of
32     financial responsibility and who has not deposited the
33     security or proof;
34         8. To any person when the Secretary of State has good
35     cause to believe that the person by reason of physical or
36     mental disability would not be able to safely operate a

 

 

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1     motor vehicle upon the highways, unless the person shall
2     furnish to the Secretary of State a verified written
3     statement, acceptable to the Secretary of State, from a
4     competent medical specialist to the effect that the
5     operation of a motor vehicle by the person would not be
6     inimical to the public safety;
7         9. To any person, as a driver, who is 69 years of age
8     or older, unless the person has successfully complied with
9     the provisions of Section 6-109;
10         10. To any person convicted, within 12 months of
11     application for a license, of any of the sexual offenses
12     enumerated in paragraph 2 of subsection (b) of Section
13     6-205;
14         11. To any person who is under the age of 21 years with
15     a classification prohibited in paragraph (b) of Section
16     6-104 and to any person who is under the age of 18 years
17     with a classification prohibited in paragraph (c) of
18     Section 6-104;
19         12. To any person who has been either convicted of or
20     adjudicated under the Juvenile Court Act of 1987 based upon
21     a violation of the Cannabis Control Act or the Illinois
22     Controlled Substances Act while that person was in actual
23     physical control of a motor vehicle. For purposes of this
24     Section, any person placed on probation under Section 10 of
25     the Cannabis Control Act or Section 410 of the Illinois
26     Controlled Substances Act shall not be considered
27     convicted. Any person found guilty of this offense, while
28     in actual physical control of a motor vehicle, shall have
29     an entry made in the court record by the judge that this
30     offense did occur while the person was in actual physical
31     control of a motor vehicle and order the clerk of the court
32     to report the violation to the Secretary of State as such.
33     The Secretary of State shall not issue a new license or
34     permit for a period of one year;
35         13. To any person who is under the age of 18 years and
36     who has committed the offense of operating a motor vehicle

 

 

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1     without a valid license or permit in violation of Section
2     6-101;
3         14. To any person who is 90 days or more delinquent in
4     court ordered child support payments or has been
5     adjudicated in arrears in an amount equal to 90 days'
6     obligation or more and who has been found in contempt of
7     court for failure to pay the support, subject to the
8     requirements and procedures of Article VII of Chapter 7 of
9     the Illinois Vehicle Code; or
10         15. To any person released from a term of imprisonment
11     for violating Section 9-3 of the Criminal Code of 1961
12     relating to reckless homicide or for violating
13     subparagraph (F) of paragraph (1) of subsection (d) of
14     Section 11-501 of this Code relating to aggravated driving
15     under the influence of alcohol, other drug or drugs,
16     intoxicating compound or compounds, or any combination
17     thereof, if the violation was the proximate cause of a
18     death, within 24 months of release from a term of
19     imprisonment.
20     The Secretary of State shall retain all conviction
21 information, if the information is required to be held
22 confidential under the Juvenile Court Act of 1987.
23 (Source: P.A. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04.)
 
24     (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)
25     Sec. 6-107. Graduated license.
26     (a) The purpose of the Graduated Licensing Program is to
27 develop safe and mature driving habits in young, inexperienced
28 drivers and reduce or prevent motor vehicle accidents,
29 fatalities, and injuries by:
30         (1) providing for an increase in the time of practice
31     period before granting permission to obtain a driver's
32     license;
33         (2) strengthening driver licensing and testing
34     standards for persons under the age of 21 years;
35         (3) sanctioning driving privileges of drivers under

 

 

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1     age 21 who have committed serious traffic violations or
2     other specified offenses; and
3         (4) setting stricter standards to promote the public's
4     health and safety.
5     (b) The application of any person under the age of 18
6 years, and not legally emancipated by marriage, for a drivers
7 license or permit to operate a motor vehicle issued under the
8 laws of this State, shall be accompanied by the written consent
9 of either parent of the applicant; otherwise by the guardian
10 having custody of the applicant, or in the event there is no
11 parent or guardian, then by another responsible adult.
12     No graduated driver's license shall be issued to any
13 applicant under 18 years of age, unless the applicant is at
14 least 16 years of age and has:
15         (1) Held a valid instruction permit for a minimum of 3
16     months.
17         (2) Passed an approved driver education course and
18     submits proof of having passed the course as may be
19     required.
20         (3) certification by the parent, legal guardian, or
21     responsible adult that the applicant has had a minimum of
22     25 hours of behind-the-wheel practice time and is
23     sufficiently prepared and able to safely operate a motor
24     vehicle.
25     (c) No graduated driver's license or permit shall be issued
26 to any applicant under 18 years of age who has committed the
27 offense of operating a motor vehicle without a valid license or
28 permit in violation of Section 6-101 of this Code and no
29 graduated driver's license or permit shall be issued to any
30 applicant under 18 years of age who has committed an offense
31 that would otherwise result in a mandatory revocation of a
32 license or permit as provided in Section 6-205 of this Code or
33 who has been either convicted of or adjudicated a delinquent
34 based upon a violation of the Cannabis Control Act or the
35 Illinois Controlled Substances Act, while that individual was
36 in actual physical control of a motor vehicle. For purposes of

 

 

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1 this Section, any person placed on probation under Section 10
2 of the Cannabis Control Act or Section 410 of the Illinois
3 Controlled Substances Act shall not be considered convicted.
4 Any person found guilty of this offense, while in actual
5 physical control of a motor vehicle, shall have an entry made
6 in the court record by the judge that this offense did occur
7 while the person was in actual physical control of a motor
8 vehicle and order the clerk of the court to report the
9 violation to the Secretary of State as such.
10     (d) No graduated driver's license shall be issued for 6
11 months to any applicant under the age of 18 years who has been
12 convicted of any offense defined as a serious traffic violation
13 in this Code or a similar provision of a local ordinance.
14     (e) No graduated driver's license holder under the age of
15 18 years shall operate any motor vehicle, except a motor driven
16 cycle or motorcycle, with more than one passenger in the front
17 seat of the motor vehicle and no more passengers in the back
18 seats than the number of available seat safety belts as set
19 forth in Section 12-603 of this Code.
20     (f) No graduated driver's license holder under the age of
21 18 shall operate a motor vehicle unless each driver and front
22 or back seat passenger under the age of 18 is wearing a
23 properly adjusted and fastened seat safety belt.
24     (g) If a graduated driver's license holder is under the age
25 of 18 when he or she receives the license, for the first 6
26 months he or she holds the license or until he or she reaches
27 the age of 18, whichever occurs sooner, the graduated license
28 holder may not operate a motor vehicle with more than one
29 passenger in the vehicle who is under the age of 20, unless any
30 additional passenger or passengers are siblings,
31 step-siblings, children, or stepchildren of the driver.
32 (Source: P.A. 93-101, eff. 1-1-04.)
 
33     (625 ILCS 5/6-118)  (from Ch. 95 1/2, par. 6-118)
34     Sec. 6-118. Fees.
35     (a) The fee for licenses and permits under this Article is

 

 

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1 as follows:
2     Original driver's license.................................$10
3     Original or renewal driver's license
4         issued to 18, 19 and 20 year olds.......................5
5     All driver's licenses for persons
6         age 69 through age 80...................................5
7     All driver's licenses for persons
8         age 81 through age 86...................................2
9     All driver's licenses for persons
10         age 87 or older.........................................0
11     Renewal driver's license (except for
12         applicants ages 18, 19 and 20 or
13         age 69 and older)......................................10
14     Original instruction permit issued to
15         persons (except those age 69 and older)
16         who do not hold or have not previously
17         held an Illinois instruction permit or
18         driver's license.......................................20
19     Instruction permit issued to any person
20         holding an Illinois driver's license
21         who wishes a change in classifications,
22         other than at the time of renewal.......................5
23     Any instruction permit issued to a person
24         age 69 and older........................................5
25     Instruction permit issued to any person,
26         under age 69, not currently holding a
27         valid Illinois driver's license or
28         instruction permit but who has
29         previously been issued either document
30         in Illinois............................................10
31     Restricted driving permit...................................8
32     Duplicate or corrected driver's license
33         or permit...............................................5
34     Duplicate or corrected restricted
35         driving permit..........................................5
36     Original or renewal M or L endorsement......................5

 

 

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1 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
2         The fees for commercial driver licenses and permits
3     under Article V shall be as follows:
4     Commercial driver's license:
5         $6 for the CDLIS/AAMVAnet Fund
6         (Commercial Driver's License Information
7         System/American Association of Motor Vehicle
8         Administrators network Trust Fund);
9         $20 for the Motor Carrier Safety Inspection Fund;
10         $10 for the driver's license;
11         and $24 for the CDL:..................................$60
12     Renewal commercial driver's license:
13         $6 for the CDLIS/AAMVAnet Trust Fund;
14         $20 for the Motor Carrier Safety Inspection Fund;
15         $10 for the driver's license; and
16         $24 for the CDL:......................................$60
17     Commercial driver instruction permit
18         issued to any person holding a valid
19         Illinois driver's license for the
20         purpose of changing to a
21         CDL classification: $6 for the
22         CDLIS/AAMVAnet Trust Fund;
23         $20 for the Motor Carrier
24         Safety Inspection Fund; and
25         $24 for the CDL classification........................$50
26     Commercial driver instruction permit
27         issued to any person holding a valid
28         Illinois CDL for the purpose of
29         making a change in a classification,
30         endorsement or restriction.............................$5
31     CDL duplicate or corrected license.........................$5
32     In order to ensure the proper implementation of the Uniform
33 Commercial Driver License Act, Article V of this Chapter, the
34 Secretary of State is empowered to pro-rate the $24 fee for the
35 commercial driver's license proportionate to the expiration
36 date of the applicant's Illinois driver's license.

 

 

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1     The fee for any duplicate license or permit shall be waived
2 for any person age 60 or older who presents the Secretary of
3 State's office with a police report showing that his license or
4 permit was stolen.
5     No additional fee shall be charged for a driver's license,
6 or for a commercial driver's license, when issued to the holder
7 of an instruction permit for the same classification or type of
8 license who becomes eligible for such license.
9     (b) Any person whose license or privilege to operate a
10 motor vehicle in this State has been suspended or revoked under
11 any provision of Chapter 6, Chapter 11, or Section 7-205,
12 7-303, or 7-702 of the Family Financial Responsibility Law of
13 this Code, shall in addition to any other fees required by this
14 Code, pay a reinstatement fee as follows:
15     Summary suspension under Section 11-501.1...........$250
16     Other suspension..........................................$70
17     Revocation...............................................$500
18     However, any person whose license or privilege to operate a
19 motor vehicle in this State has been suspended or revoked for a
20 second or subsequent time for a violation of Section 11-501 or
21 11-501.1 of this Code or a similar provision of a local
22 ordinance or a similar out-of-state offense or Section 9-3 of
23 the Criminal Code of 1961 and each suspension or revocation was
24 for a violation of Section 11-501 or 11-501.1 of this Code or a
25 similar provision of a local ordinance or a similar
26 out-of-state offense or Section 9-3 of the Criminal Code of
27 1961 shall pay, in addition to any other fees required by this
28 Code, a reinstatement fee as follows:
29     Summary suspension under Section 11-501.1................$500
30     Revocation...............................................$500
31     (c) All fees collected under the provisions of this Chapter
32 6 shall be paid into the Road Fund in the State Treasury except
33 as follows:
34         1. The following amounts shall be paid into the Driver
35     Education Fund:
36             (A) $16 of the $20 fee for an original driver's

 

 

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1         instruction permit;
2             (B) $5 of the $10 $20 fee for an original driver's
3         license;
4             (C) $5 of the $10 $20 fee for a 4 year renewal
5         driver's license; and
6             (D) $4 of the $8 fee for a restricted driving
7         permit.
8         2. $30 of the $250 fee for reinstatement of a license
9     summarily suspended under Section 11-501.1 shall be
10     deposited into the Drunk and Drugged Driving Prevention
11     Fund. However, for a person whose license or privilege to
12     operate a motor vehicle in this State has been suspended or
13     revoked for a second or subsequent time for a violation of
14     Section 11-501 or 11-501.1 of this Code or Section 9-3 of
15     the Criminal Code of 1961, $190 of the $500 fee for
16     reinstatement of a license summarily suspended under
17     Section 11-501.1, and $190 of the $500 fee for
18     reinstatement of a revoked license shall be deposited into
19     the Drunk and Drugged Driving Prevention Fund.
20         3. $6 of such original or renewal fee for a commercial
21     driver's license and $6 of the commercial driver
22     instruction permit fee when such permit is issued to any
23     person holding a valid Illinois driver's license, shall be
24     paid into the CDLIS/AAMVAnet Trust Fund.
25         4. $30 of the $70 fee for reinstatement of a license
26     suspended under the Family Financial Responsibility Law
27     shall be paid into the Family Responsibility Fund.
28         5. The $5 fee for each original or renewal M or L
29     endorsement shall be deposited into the Cycle Rider Safety
30     Training Fund.
31         6. $20 of any original or renewal fee for a commercial
32     driver's license or commercial driver instruction permit
33     shall be paid into the Motor Carrier Safety Inspection
34     Fund.
35         7. The following amounts shall be paid into the General
36     Revenue Fund:

 

 

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1             (A) $190 of the $250 reinstatement fee for a
2         summary suspension under Section 11-501.1;
3             (B) $40 of the $70 reinstatement fee for any other
4         suspension provided in subsection (b) of this Section;
5         and
6             (C) $440 of the $500 reinstatement fee for a first
7         offense revocation and $310 of the $500 reinstatement
8         fee for a second or subsequent revocation.
9 (Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04.)
 
10     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
11     Sec. 6-206. Discretionary authority to suspend or revoke
12 license or permit; Right to a hearing.
13     (a) The Secretary of State is authorized to suspend or
14 revoke the driving privileges of any person without preliminary
15 hearing upon a showing of the person's records or other
16 sufficient evidence that the person:
17         1. Has committed an offense for which mandatory
18     revocation of a driver's license or permit is required upon
19     conviction;
20         2. Has been convicted of not less than 3 offenses
21     against traffic regulations governing the movement of
22     vehicles committed within any 12 month period. No
23     revocation or suspension shall be entered more than 6
24     months after the date of last conviction;
25         3. Has been repeatedly involved as a driver in motor
26     vehicle collisions or has been repeatedly convicted of
27     offenses against laws and ordinances regulating the
28     movement of traffic, to a degree that indicates lack of
29     ability to exercise ordinary and reasonable care in the
30     safe operation of a motor vehicle or disrespect for the
31     traffic laws and the safety of other persons upon the
32     highway;
33         4. Has by the unlawful operation of a motor vehicle
34     caused or contributed to an accident resulting in death or
35     injury requiring immediate professional treatment in a

 

 

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1     medical facility or doctor's office to any person, except
2     that any suspension or revocation imposed by the Secretary
3     of State under the provisions of this subsection shall
4     start no later than 6 months after being convicted of
5     violating a law or ordinance regulating the movement of
6     traffic, which violation is related to the accident, or
7     shall start not more than one year after the date of the
8     accident, whichever date occurs later;
9         5. Has permitted an unlawful or fraudulent use of a
10     driver's license, identification card, or permit;
11         6. Has been lawfully convicted of an offense or
12     offenses in another state, including the authorization
13     contained in Section 6-203.1, which if committed within
14     this State would be grounds for suspension or revocation;
15         7. Has refused or failed to submit to an examination
16     provided for by Section 6-207 or has failed to pass the
17     examination;
18         8. Is ineligible for a driver's license or permit under
19     the provisions of Section 6-103;
20         9. Has made a false statement or knowingly concealed a
21     material fact or has used false information or
22     identification in any application for a license,
23     identification card, or permit;
24         10. Has possessed, displayed, or attempted to
25     fraudulently use any license, identification card, or
26     permit not issued to the person;
27         11. Has operated a motor vehicle upon a highway of this
28     State when the person's driving privilege or privilege to
29     obtain a driver's license or permit was revoked or
30     suspended unless the operation was authorized by a judicial
31     driving permit, probationary license to drive, or a
32     restricted driving permit issued under this Code;
33         12. Has submitted to any portion of the application
34     process for another person or has obtained the services of
35     another person to submit to any portion of the application
36     process for the purpose of obtaining a license,

 

 

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1     identification card, or permit for some other person;
2         13. Has operated a motor vehicle upon a highway of this
3     State when the person's driver's license or permit was
4     invalid under the provisions of Sections 6-107.1 and 6-110;
5         14. Has committed a violation of Section 6-301,
6     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
7     of the Illinois Identification Card Act;
8         15. Has been convicted of violating Section 21-2 of the
9     Criminal Code of 1961 relating to criminal trespass to
10     vehicles in which case, the suspension shall be for one
11     year;
12         16. Has been convicted of violating Section 11-204 of
13     this Code relating to fleeing from a peace officer;
14         17. Has refused to submit to a test, or tests, as
15     required under Section 11-501.1 of this Code and the person
16     has not sought a hearing as provided for in Section
17     11-501.1;
18         18. Has, since issuance of a driver's license or
19     permit, been adjudged to be afflicted with or suffering
20     from any mental disability or disease;
21         19. Has committed a violation of paragraph (a) or (b)
22     of Section 6-101 relating to driving without a driver's
23     license;
24         20. Has been convicted of violating Section 6-104
25     relating to classification of driver's license;
26         21. Has been convicted of violating Section 11-402 of
27     this Code relating to leaving the scene of an accident
28     resulting in damage to a vehicle in excess of $1,000, in
29     which case the suspension shall be for one year;
30         22. Has used a motor vehicle in violating paragraph
31     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
32     the Criminal Code of 1961 relating to unlawful use of
33     weapons, in which case the suspension shall be for one
34     year;
35         23. Has, as a driver, been convicted of committing a
36     violation of paragraph (a) of Section 11-502 of this Code

 

 

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1     for a second or subsequent time within one year of a
2     similar violation;
3         24. Has been convicted by a court-martial or punished
4     by non-judicial punishment by military authorities of the
5     United States at a military installation in Illinois of or
6     for a traffic related offense that is the same as or
7     similar to an offense specified under Section 6-205 or
8     6-206 of this Code;
9         25. Has permitted any form of identification to be used
10     by another in the application process in order to obtain or
11     attempt to obtain a license, identification card, or
12     permit;
13         26. Has altered or attempted to alter a license or has
14     possessed an altered license, identification card, or
15     permit;
16         27. Has violated Section 6-16 of the Liquor Control Act
17     of 1934;
18         28. Has been convicted of the illegal possession, while
19     operating or in actual physical control, as a driver, of a
20     motor vehicle, of any controlled substance prohibited
21     under the Illinois Controlled Substances Act or any
22     cannabis prohibited under the provisions of the Cannabis
23     Control Act, in which case the person's driving privileges
24     shall be suspended for one year, and any driver who is
25     convicted of a second or subsequent offense, within 5 years
26     of a previous conviction, for the illegal possession, while
27     operating or in actual physical control, as a driver, of a
28     motor vehicle, of any controlled substance prohibited
29     under the provisions of the Illinois Controlled Substances
30     Act or any cannabis prohibited under the Cannabis Control
31     Act shall be suspended for 5 years. Any defendant found
32     guilty of this offense while operating a motor vehicle,
33     shall have an entry made in the court record by the
34     presiding judge that this offense did occur while the
35     defendant was operating a motor vehicle and order the clerk
36     of the court to report the violation to the Secretary of

 

 

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1     State;
2         29. Has been convicted of the following offenses that
3     were committed while the person was operating or in actual
4     physical control, as a driver, of a motor vehicle: criminal
5     sexual assault, predatory criminal sexual assault of a
6     child, aggravated criminal sexual assault, criminal sexual
7     abuse, aggravated criminal sexual abuse, juvenile pimping,
8     soliciting for a juvenile prostitute and the manufacture,
9     sale or delivery of controlled substances or instruments
10     used for illegal drug use or abuse in which case the
11     driver's driving privileges shall be suspended for one
12     year;
13         30. Has been convicted a second or subsequent time for
14     any combination of the offenses named in paragraph 29 of
15     this subsection, in which case the person's driving
16     privileges shall be suspended for 5 years;
17         31. Has refused to submit to a test as required by
18     Section 11-501.6 or has submitted to a test resulting in an
19     alcohol concentration of 0.08 or more or any amount of a
20     drug, substance, or compound resulting from the unlawful
21     use or consumption of cannabis as listed in the Cannabis
22     Control Act, a controlled substance as listed in the
23     Illinois Controlled Substances Act, or an intoxicating
24     compound as listed in the Use of Intoxicating Compounds
25     Act, in which case the penalty shall be as prescribed in
26     Section 6-208.1;
27         32. Has been convicted of Section 24-1.2 of the
28     Criminal Code of 1961 relating to the aggravated discharge
29     of a firearm if the offender was located in a motor vehicle
30     at the time the firearm was discharged, in which case the
31     suspension shall be for 3 years;
32         33. Has as a driver, who was less than 21 years of age
33     on the date of the offense, been convicted a first time of
34     a violation of paragraph (a) of Section 11-502 of this Code
35     or a similar provision of a local ordinance;
36         34. Has committed a violation of Section 11-1301.5 of

 

 

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1     this Code;
2         35. Has committed a violation of Section 11-1301.6 of
3     this Code;
4         36. Is under the age of 21 years at the time of arrest
5     and has been convicted of not less than 2 offenses against
6     traffic regulations governing the movement of vehicles
7     committed within any 24 month period. No revocation or
8     suspension shall be entered more than 6 months after the
9     date of last conviction;
10         37. Has committed a violation of subsection (c) of
11     Section 11-907 of this Code;
12         38. Has been convicted of a violation of Section 6-20
13     of the Liquor Control Act of 1934 or a similar provision of
14     a local ordinance; or
15         39. Has committed a second or subsequent violation of
16     Section 11-1201 of this Code; or .
17         40. Has committed a violation of subsection (a-1) of
18     Section 11-908 of this Code.
19     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
20 and 27 of this subsection, license means any driver's license,
21 any traffic ticket issued when the person's driver's license is
22 deposited in lieu of bail, a suspension notice issued by the
23 Secretary of State, a duplicate or corrected driver's license,
24 a probationary driver's license or a temporary driver's
25 license.
26     (b) If any conviction forming the basis of a suspension or
27 revocation authorized under this Section is appealed, the
28 Secretary of State may rescind or withhold the entry of the
29 order of suspension or revocation, as the case may be, provided
30 that a certified copy of a stay order of a court is filed with
31 the Secretary of State. If the conviction is affirmed on
32 appeal, the date of the conviction shall relate back to the
33 time the original judgment of conviction was entered and the 6
34 month limitation prescribed shall not apply.
35      (c) 1. Upon suspending or revoking the driver's license or
36     permit of any person as authorized in this Section, the

 

 

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1     Secretary of State shall immediately notify the person in
2     writing of the revocation or suspension. The notice to be
3     deposited in the United States mail, postage prepaid, to
4     the last known address of the person.
5         2. If the Secretary of State suspends the driver's
6     license of a person under subsection 2 of paragraph (a) of
7     this Section, a person's privilege to operate a vehicle as
8     an occupation shall not be suspended, provided an affidavit
9     is properly completed, the appropriate fee received, and a
10     permit issued prior to the effective date of the
11     suspension, unless 5 offenses were committed, at least 2 of
12     which occurred while operating a commercial vehicle in
13     connection with the driver's regular occupation. All other
14     driving privileges shall be suspended by the Secretary of
15     State. Any driver prior to operating a vehicle for
16     occupational purposes only must submit the affidavit on
17     forms to be provided by the Secretary of State setting
18     forth the facts of the person's occupation. The affidavit
19     shall also state the number of offenses committed while
20     operating a vehicle in connection with the driver's regular
21     occupation. The affidavit shall be accompanied by the
22     driver's license. Upon receipt of a properly completed
23     affidavit, the Secretary of State shall issue the driver a
24     permit to operate a vehicle in connection with the driver's
25     regular occupation only. Unless the permit is issued by the
26     Secretary of State prior to the date of suspension, the
27     privilege to drive any motor vehicle shall be suspended as
28     set forth in the notice that was mailed under this Section.
29     If an affidavit is received subsequent to the effective
30     date of this suspension, a permit may be issued for the
31     remainder of the suspension period.
32         The provisions of this subparagraph shall not apply to
33     any driver required to obtain a commercial driver's license
34     under Section 6-507 during the period of a disqualification
35     of commercial driving privileges under Section 6-514.
36         Any person who falsely states any fact in the affidavit

 

 

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1     required herein shall be guilty of perjury under Section
2     6-302 and upon conviction thereof shall have all driving
3     privileges revoked without further rights.
4         3. At the conclusion of a hearing under Section 2-118
5     of this Code, the Secretary of State shall either rescind
6     or continue an order of revocation or shall substitute an
7     order of suspension; or, good cause appearing therefor,
8     rescind, continue, change, or extend the order of
9     suspension. If the Secretary of State does not rescind the
10     order, the Secretary may upon application, to relieve undue
11     hardship, issue a restricted driving permit granting the
12     privilege of driving a motor vehicle between the
13     petitioner's residence and petitioner's place of
14     employment or within the scope of his employment related
15     duties, or to allow transportation for the petitioner, or a
16     household member of the petitioner's family, to receive
17     necessary medical care and if the professional evaluation
18     indicates, provide transportation for alcohol remedial or
19     rehabilitative activity, or for the petitioner to attend
20     classes, as a student, in an accredited educational
21     institution; if the petitioner is able to demonstrate that
22     no alternative means of transportation is reasonably
23     available and the petitioner will not endanger the public
24     safety or welfare.
25         If a person's license or permit has been revoked or
26     suspended due to 2 or more convictions of violating Section
27     11-501 of this Code or a similar provision of a local
28     ordinance or a similar out-of-state offense, arising out of
29     separate occurrences, that person, if issued a restricted
30     driving permit, may not operate a vehicle unless it has
31     been equipped with an ignition interlock device as defined
32     in Section 1-129.1.
33         If a person's license or permit has been revoked or
34     suspended 2 or more times within a 10 year period due to a
35     single conviction of violating Section 11-501 of this Code
36     or a similar provision of a local ordinance or a similar

 

 

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1     out-of-state offense, and a statutory summary suspension
2     under Section 11-501.1, or 2 or more statutory summary
3     suspensions, or combination of 2 offenses, or of an offense
4     and a statutory summary suspension, arising out of separate
5     occurrences, that person, if issued a restricted driving
6     permit, may not operate a vehicle unless it has been
7     equipped with an ignition interlock device as defined in
8     Section 1-129.1. The person must pay to the Secretary of
9     State DUI Administration Fund an amount not to exceed $20
10     per month. The Secretary shall establish by rule the amount
11     and the procedures, terms, and conditions relating to these
12     fees. If the restricted driving permit was issued for
13     employment purposes, then this provision does not apply to
14     the operation of an occupational vehicle owned or leased by
15     that person's employer. In each case the Secretary may
16     issue a restricted driving permit for a period deemed
17     appropriate, except that all permits shall expire within
18     one year from the date of issuance. The Secretary may not,
19     however, issue a restricted driving permit to any person
20     whose current revocation is the result of a second or
21     subsequent conviction for a violation of Section 11-501 of
22     this Code or a similar provision of a local ordinance
23     relating to the offense of operating or being in physical
24     control of a motor vehicle while under the influence of
25     alcohol, other drug or drugs, intoxicating compound or
26     compounds, or any similar out-of-state offense, or any
27     combination of those offenses, until the expiration of at
28     least one year from the date of the revocation. A
29     restricted driving permit issued under this Section shall
30     be subject to cancellation, revocation, and suspension by
31     the Secretary of State in like manner and for like cause as
32     a driver's license issued under this Code may be cancelled,
33     revoked, or suspended; except that a conviction upon one or
34     more offenses against laws or ordinances regulating the
35     movement of traffic shall be deemed sufficient cause for
36     the revocation, suspension, or cancellation of a

 

 

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1     restricted driving permit. The Secretary of State may, as a
2     condition to the issuance of a restricted driving permit,
3     require the applicant to participate in a designated driver
4     remedial or rehabilitative program. The Secretary of State
5     is authorized to cancel a restricted driving permit if the
6     permit holder does not successfully complete the program.
7     (c-5) The Secretary of State may, as a condition of the
8 reissuance of a driver's license or permit to an applicant
9 whose driver's license or permit has been suspended before he
10 or she reached the age of 18 years pursuant to any of the
11 provisions of this Section, require the applicant to
12 participate in a driver remedial education course and be
13 retested under Section 6-109 of this Code.
14     (d) This Section is subject to the provisions of the
15 Drivers License Compact.
16     (e) The Secretary of State shall not issue a restricted
17 driving permit to a person under the age of 16 years whose
18 driving privileges have been suspended or revoked under any
19 provisions of this Code.
20 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
21 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 92-804, eff.
22 1-1-03; 92-814, eff. 1-1-03; 93-120, eff. 1-1-04.)
 
23     (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
24     Sec. 6-208. Period of Suspension - Application After
25 Revocation.
26     (a) Except as otherwise provided by this Code or any other
27 law of this State, the Secretary of State shall not suspend a
28 driver's license, permit or privilege to drive a motor vehicle
29 on the highways for a period of more than one year.
30     (b) Any person whose license, permit or privilege to drive
31 a motor vehicle on the highways has been revoked shall not be
32 entitled to have such license, permit or privilege renewed or
33 restored. However, such person may, except as provided under
34 subsection (d) of Section 6-205, make application for a license
35 pursuant to Section 6-106 (i) if the revocation was for a cause

 

 

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1 which has been removed or (ii) as provided in the following
2 subparagraphs:
3         1. Except as provided in subparagraphs 2, 3, and 4, the
4     person may make application for a license after the
5     expiration of one year from the effective date of the
6     revocation or, in the case of a violation of paragraph (b)
7     of Section 11-401 of this Code or a similar provision of a
8     local ordinance, after the expiration of 3 years from the
9     effective date of the revocation or, in the case of a
10     violation of Section 9-3 of the Criminal Code of 1961
11     relating to the offense of reckless homicide or a violation
12     of subparagraph (F) of paragraph 1 of subsection (d) of
13     Section 11-501 of this Code relating to aggravated driving
14     under the influence of alcohol, other drug or drugs,
15     intoxicating compound or compounds, or any combination
16     thereof, if the violation was the proximate cause of a
17     death, after the expiration of 2 years from the effective
18     date of the revocation or after the expiration of 24 months
19     from the date of release from a period of imprisonment as
20     provided in Section 6-103 of this Code, whichever is later.
21         2. If such person is convicted of committing a second
22     violation within a 20 year period of:
23             (A) Section 11-501 of this Code, or a similar
24         provision of a local ordinance; or
25             (B) Paragraph (b) of Section 11-401 of this Code,
26         or a similar provision of a local ordinance; or
27             (C) Section 9-3 of the Criminal Code of 1961, as
28         amended, relating to the offense of reckless homicide;
29         or
30             (D) any combination of the above offenses
31         committed at different instances;
32     then such person may not make application for a license
33     until after the expiration of 5 years from the effective
34     date of the most recent revocation. The 20 year period
35     shall be computed by using the dates the offenses were
36     committed and shall also include similar out-of-state

 

 

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1     offenses.
2         3. However, except as provided in subparagraph 4, if
3     such person is convicted of committing a third, or
4     subsequent, violation or any combination of the above
5     offenses, including similar out-of-state offenses,
6     contained in subparagraph 2, then such person may not make
7     application for a license until after the expiration of 10
8     years from the effective date of the most recent
9     revocation.
10         4. The person may not make application for a license if
11     the person is convicted of committing a fourth or
12     subsequent violation of Section 11-501 of this Code or a
13     similar provision of a local ordinance, Section 11-401 of
14     this Code, Section 9-3 of the Criminal Code of 1961, or a
15     combination of these offenses or similar provisions of
16     local ordinances or similar out-of-state offenses.
17     Notwithstanding any other provision of this Code, all
18 persons referred to in this paragraph (b) may not have their
19 privileges restored until the Secretary receives payment of the
20 required reinstatement fee pursuant to subsection (b) of
21 Section 6-118.
22     In no event shall the Secretary issue such license unless
23 and until such person has had a hearing pursuant to this Code
24 and the appropriate administrative rules and the Secretary is
25 satisfied, after a review or investigation of such person, that
26 to grant the privilege of driving a motor vehicle on the
27 highways will not endanger the public safety or welfare.
28     (c) If a person prohibited under paragraph (2) or paragraph
29 (3) of subsection (c-4) of Section 11-501 from driving any
30 vehicle not equipped with an ignition interlock device
31 nevertheless is convicted of driving a vehicle that is not
32 equipped with the device, that person is prohibited from
33 driving any vehicle not equipped with an ignition interlock
34 device for an additional period of time equal to the initial
35 time period that the person was required to use an ignition
36 interlock device.

 

 

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1 (Source: P.A. 91-357, eff. 7-29-99; 92-343, eff. 1-1-02;
2 92-418, eff. 8-17-01; 92-458, eff. 8-22-01; 92-651, eff.
3 7-11-02.)
 
4     (625 ILCS 5/6-306.6)  (from Ch. 95 1/2, par. 6-306.6)
5     Sec. 6-306.6. Failure to pay traffic fines, penalties, or
6 and court costs.
7     (a) Whenever any resident of this State fails to pay any
8 traffic fine, penalty, or and cost imposed for a violation of
9 this Code, or similar provision of local ordinance, the clerk
10 may notify the Secretary of State, on a report prescribed by
11 the Secretary, and the Secretary shall prohibit the renewal,
12 reissue or reinstatement of such resident's driving privileges
13 until such fine, penalty, or and cost has have been paid in
14 full. The clerk shall provide notice to the driver, at the
15 driver's last known address as shown on the court's records,
16 stating that such action will be effective on the 46th day
17 following the date of the above notice if payment is not
18 received in full by the court of venue.
19     (a-1) Whenever any resident of this State who has made a
20 partial payment on any traffic fine, penalty, or cost that was
21 imposed under a conviction entered on or after the effective
22 date of this amendatory Act of the 93rd General Assembly, for a
23 violation of this Code or a similar provision of a local
24 ordinance, fails to pay the remainder of the outstanding fine,
25 penalty, or cost within the time limit set by the court, the
26 clerk may notify the Secretary of State, on a report prescribed
27 by the Secretary, and the Secretary shall prohibit the renewal,
28 reissue, or reinstatement of the resident's driving privileges
29 until the fine, penalty, or cost has been paid in full. The
30 clerk shall provide notice to the driver, at the driver's last
31 known address as shown on the court's records, stating that the
32 action will be effective on the 46th day following the date of
33 the notice if payment is not received in full by the court of
34 venue.
35     (b) Following receipt of the report from the clerk, the

 

 

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1 Secretary of State shall make the proper notation to the
2 driver's file to prohibit the renewal, reissue or reinstatement
3 of such driver's driving privileges. Except as provided in
4 paragraph (2) of subsection (d) of this Section, such notation
5 shall not be removed from the driver's record until the driver
6 satisfies the outstanding fine, penalty, or and cost and an
7 appropriate notice on a form prescribed by the Secretary is
8 received by the Secretary from the court of venue, stating that
9 such fine, penalty, or and cost has been paid in full. Upon
10 payment in full of a traffic fine, penalty, or and court cost
11 which has previously been reported under this Section as
12 unpaid, the clerk of the court shall present the driver with a
13 signed receipt containing the seal of the court indicating that
14 such fine, penalty, or and cost has have been paid in full, and
15 shall forward forthwith to the Secretary of State a notice
16 stating that the fine, penalty, or and cost has have been paid
17 in full.
18     (c) The provisions of this Section shall be limited to a
19 single action per arrest and as a post conviction measure only.
20 Fines, penalty, or and costs to be collected subsequent to
21 orders of court supervision, or other available court
22 diversions are not applicable to this Section. A driver making
23 a partial payment of any outstanding fine, penalty, and cost is
24 not a sufficient basis for the clerk to notify the Secretary
25 for any subsequent action pursuant to this Section.
26     (d) (1) Notwithstanding the receipt of a report from the
27 clerk as prescribed in subsection (a), nothing in this Section
28 is intended to place any responsibility upon the Secretary of
29 State to provide independent notice to the driver of any
30 potential action to disallow the renewal, reissue or
31 reinstatement of such driver's driving privileges.
32     (2) The Secretary of State shall renew, reissue or
33 reinstate a driver's driving privileges which were previously
34 refused pursuant to this Section upon presentation of an
35 original receipt which is signed by the clerk of the court and
36 contains the seal of the court indicating that the fine,

 

 

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1 penalty, or and cost has have been paid in full. The Secretary
2 of State shall retain such receipt for his records.
3 (Source: P.A. 89-71, eff. 1-1-96.)