Sen. Martin A. Sandoval

Filed: 4/24/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5493

2    AMENDMENT NO. ______. Amend House Bill 5493 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-100.2, 3-821, 5-501, 5-801, 6-205 and 6-206
6and by adding Section 5-803 as follows:
 
7    (625 ILCS 5/3-100.2)
8    Sec. 3-100.2. Electronic access; agreements with
9submitters.
10    (a) The Secretary of State may allow, but not require, a
11licensee under Chapter 3 or 5 of this Code person to submit any
12record required to be submitted to the Secretary of State by
13using electronic media deemed feasible by the Secretary of
14State, in addition to instead of requiring the actual submittal
15of the original paper record. The Secretary of State may also
16allow , but not require, a person or licensee to receive any

 

 

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1record to be provided by the Secretary of State by using
2electronic media deemed feasible by the Secretary of State,
3instead of providing the original paper record.
4    (b) Electronic submittal, receipt, and delivery of records
5and electronic signatures may be authorized or accepted by the
6Secretary of State, when supported by a signed agreement
7between the Secretary of State and the submitter. The agreement
8shall require, at a minimum, each record to include all
9information necessary to complete a transaction, certification
10by the submitter upon its best knowledge as to the truthfulness
11of the data to be submitted to the Secretary of State, and
12retention by the submitter of supporting records.
13    (c) The Secretary of State may establish minimum
14transaction volume levels, audit and security standards,
15technological requirements, and other terms and conditions he
16or she deems necessary for approval of the electronic delivery
17process.
18    (d) When an agreement is made to accept electronic records,
19the Secretary of State shall not be required to produce a
20written record for the submitter with whom the Secretary of
21State has the agreement until requested to do so by the
22submitter.
23    (e) Upon the request of a lienholder submitter, the
24Secretary of State shall provide electronic notification to the
25lienholder submitter to verify the notation and perfection of
26the lienholder's security interest in a vehicle for which the

 

 

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1certificate of title is an electronic record. Upon receipt of
2an electronic message from a lienholder submitter with a
3security interest in a vehicle for which the certificate of
4title is an electronic record that the lien should be released,
5the Secretary of State shall enter the appropriate electronic
6record of the release of lien and print and mail a paper
7certificate of title to the owner or lienholder at no expense.
8The Secretary of State may also mail the certificate to any
9other person that delivers to the Secretary of State an
10authorization from the owner to receive the certificate. If
11another lienholder holds a properly perfected security
12interest in the vehicle as reflected in the records of the
13Secretary of State, the certificate shall be delivered to that
14lienholder instead of the owner.
15(Source: P.A. 91-772, eff. 1-1-01.)
 
16    (625 ILCS 5/3-821)  (from Ch. 95 1/2, par. 3-821)
17    Sec. 3-821. Miscellaneous Registration and Title Fees.
18    (a) The fee to be paid to the Secretary of State for the
19following certificates, registrations or evidences of proper
20registration, or for corrected or duplicate documents shall be
21in accordance with the following schedule:
22    Certificate of Title, except for an all-terrain
23vehicle or off-highway motorcycle$95
24    Certificate of Title for an all-terrain vehicle
25or off-highway motorcycle$30

 

 

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1    Certificate of Title for an all-terrain vehicle
2or off-highway motorcycle used for production
3agriculture, or accepted by a dealer in trade13
4    Certificate of Title for a low-speed vehicle30
5    Transfer of Registration or any evidence of
6proper registration $25
7    Duplicate Registration Card for plates or other
8evidence of proper registration3
9    Duplicate Registration Sticker or Stickers, each20
10    Duplicate Certificate of Title95
11    Corrected Registration Card or Card for other
12evidence of proper registration3
13    Corrected Certificate of Title95
14    Salvage Certificate4
15    Fleet Reciprocity Permit15
16    Prorate Decal1
17    Prorate Backing Plate3
18    Special Corrected Certificate of Title15
19    Expedited Title Service (to be charged in addition
20to other applicable fees)30
21    Dealer Lien Release Certificate of Title 20
22    A special corrected certificate of title shall be issued
23(i) to remove a co-owner's name due to the death of the
24co-owner or due to a divorce or (ii) to change a co-owner's
25name due to a marriage.
26    There shall be no fee paid for a Junking Certificate.

 

 

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1    There shall be no fee paid for a certificate of title
2issued to a county when the vehicle is forfeited to the county
3under Article 36 of the Criminal Code of 1961.
4    (a-5) The Secretary of State may revoke a certificate of
5title and registration card and issue a corrected certificate
6of title and registration card, at no fee to the vehicle owner
7or lienholder, if there is proof that the vehicle
8identification number is erroneously shown on the original
9certificate of title.
10    (a-10) The Secretary of State may issue, in connection with
11the sale of a motor vehicle, a corrected title to a motor
12vehicle dealer upon application and submittal of a lien release
13letter from the lienholder listed in the files of the
14Secretary. In the case of a title issued by another state, the
15dealer must submit proof from the state that issued the last
16title. The corrected title, which shall be known as a dealer
17lien release certificate of title, shall be issued in the name
18of the vehicle owner without the named lienholder. If the motor
19vehicle is currently titled in a state other than Illinois, the
20applicant must submit either (i) a letter from the current
21lienholder releasing the lien and stating that the lienholder
22has possession of the title; or (ii) a letter from the current
23lienholder releasing the lien and a copy of the records of the
24department of motor vehicles for the state in which the vehicle
25is titled, showing that the vehicle is titled in the name of
26the applicant and that no liens are recorded other than the

 

 

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1lien for which a release has been submitted. The fee for the
2dealer lien release certificate of title is $20.
3    (b) The Secretary may prescribe the maximum service charge
4to be imposed upon an applicant for renewal of a registration
5by any person authorized by law to receive and remit or
6transmit to the Secretary such renewal application and fees
7therewith.
8    (c) If a check is delivered to the Office of the Secretary
9of State as payment of any fee or tax under this Code, and such
10check is not honored by the bank on which it is drawn for any
11reason, the registrant or other person tendering the check
12remains liable for the payment of such fee or tax. The
13Secretary of State may assess a service charge of $19 in
14addition to the fee or tax due and owing for all dishonored
15checks.
16    If the total amount then due and owing exceeds the sum of
17$50 and has not been paid in full within 60 days from the date
18such fee or tax became due to the Secretary of State, the
19Secretary of State shall assess a penalty of 25% of such amount
20remaining unpaid.
21    All amounts payable under this Section shall be computed to
22the nearest dollar.
23    (d) The minimum fee and tax to be paid by any applicant for
24apportionment of a fleet of vehicles under this Code shall be
25$15 if the application was filed on or before the date
26specified by the Secretary together with fees and taxes due. If

 

 

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1an application and the fees or taxes due are filed after the
2date specified by the Secretary, the Secretary may prescribe
3the payment of interest at the rate of 1/2 of 1% per month or
4fraction thereof after such due date and a minimum of $8.
5    (e) Trucks, truck tractors, truck tractors with loads, and
6motor buses, any one of which having a combined total weight in
7excess of 12,000 lbs. shall file an application for a Fleet
8Reciprocity Permit issued by the Secretary of State. This
9permit shall be in the possession of any driver operating a
10vehicle on Illinois highways. Any foreign licensed vehicle of
11the second division operating at any time in Illinois without a
12Fleet Reciprocity Permit or other proper Illinois
13registration, shall subject the operator to the penalties
14provided in Section 3-834 of this Code. For the purposes of
15this Code, "Fleet Reciprocity Permit" means any second division
16motor vehicle with a foreign license and used only in
17interstate transportation of goods. The fee for such permit
18shall be $15 per fleet which shall include all vehicles of the
19fleet being registered.
20    (f) For purposes of this Section, "all-terrain vehicle or
21off-highway motorcycle used for production agriculture" means
22any all-terrain vehicle or off-highway motorcycle used in the
23raising of or the propagation of livestock, crops for sale for
24human consumption, crops for livestock consumption, and
25production seed stock grown for the propagation of feed grains
26and the husbandry of animals or for the purpose of providing a

 

 

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1food product, including the husbandry of blood stock as a main
2source of providing a food product. "All-terrain vehicle or
3off-highway motorcycle used in production agriculture" also
4means any all-terrain vehicle or off-highway motorcycle used in
5animal husbandry, floriculture, aquaculture, horticulture, and
6viticulture.
7    (g) All of the proceeds of the additional fees imposed by
8Public Act 96-34 shall be deposited into the Capital Projects
9Fund.
10(Source: P.A. 95-287, eff. 1-1-08; 96-34, eff. 7-13-09; 96-554,
11eff. 1-1-10; 96-653, eff. 1-1-10; 96-1000, eff. 7-2-10;
1296-1274, eff. 7-26-10.)
 
13    (625 ILCS 5/5-501)  (from Ch. 95 1/2, par. 5-501)
14    Sec. 5-501. Denial, suspension or revocation or
15cancellation of a license.
16    (a) The license of a person issued under this Chapter may
17be denied, revoked or suspended if the Secretary of State finds
18that the applicant, or the officer, director, shareholder
19having a ten percent or greater ownership interest in the
20corporation, owner, partner, trustee, manager, employee or the
21licensee has:
22        1. Violated this Act;
23        2. Made any material misrepresentation to the
24    Secretary of State in connection with an application for a
25    license, junking certificate, salvage certificate, title

 

 

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1    or registration;
2        3. Committed a fraudulent act in connection with
3    selling, bartering, exchanging, offering for sale or
4    otherwise dealing in vehicles, chassis, essential parts,
5    or vehicle shells;
6        4. As a new vehicle dealer has no contract with a
7    manufacturer or enfranchised distributor to sell that new
8    vehicle in this State;
9        5. Not maintained an established place of business as
10    defined in this Code;
11        6. Failed to file or produce for the Secretary of State
12    any application, report, document or other pertinent
13    books, records, documents, letters, contracts, required to
14    be filed or produced under this Code or any rule or
15    regulation made by the Secretary of State pursuant to this
16    Code;
17        7. Previously had, within 3 years, such a license
18    denied, suspended, revoked, or cancelled under the
19    provisions of subsection (c)(2) of this Section;
20        8. Has committed in any calendar year 3 or more
21    violations, as determined in any civil or criminal
22    proceeding, of any one or more of the following Acts:
23            a. the "Consumer Finance Act";
24            b. the "Consumer Installment Loan Act";
25            c. the "Retail Installment Sales Act";
26            d. the "Motor Vehicle Retail Installment Sales

 

 

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1        Act";
2            e. "An Act in relation to the rate of interest and
3        other charges in connection with sales on credit and
4        the lending of money", approved May 24, 1879, as
5        amended;
6            f. "An Act to promote the welfare of wage-earners
7        by regulating the assignment of wages, and prescribing
8        a penalty for the violation thereof", approved July 1,
9        1935, as amended;
10            g. Part 8 of Article XII of the Code of Civil
11        Procedure; or
12            h. the "Consumer Fraud Act";
13        9. Failed to pay any fees or taxes due under this Act,
14    or has failed to transmit any fees or taxes received by him
15    for transmittal by him to the Secretary of State or the
16    State of Illinois;
17        10. Converted an abandoned vehicle;
18        11. Used a vehicle identification plate or number
19    assigned to a vehicle other than the one to which
20    originally assigned;
21        12. Violated the provisions of Chapter 5 of this Act,
22    as amended;
23        13. Violated the provisions of Chapter 4 of this Act,
24    as amended;
25        14. Violated the provisions of Chapter 3 of this Act,
26    as amended;

 

 

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1        15. Violated Section 21-2 of the Criminal Code of 1961,
2    Criminal Trespass to Vehicles;
3        16. Made or concealed a material fact in connection
4    with his application for a license;
5        17. Acted in the capacity of a person licensed or acted
6    as a licensee under this Chapter without having a license
7    therefor;
8        18. Failed to pay, within 90 days after a final
9    judgment, any fines assessed against the licensee pursuant
10    to an action brought under Section 5-404;
11        19. Failed to pay the Dealer Recovery Trust Fund fee
12    under Section 5-102.7 of this Code; .
13        20. Failed to pay, within 90 days after notice has been
14    given, any fine or fee owed as a result of an
15    administrative citation issued by the Secretary under this
16    Code.
17    (b) In addition to other grounds specified in this Chapter,
18the Secretary of State, on complaint of the Department of
19Revenue, shall refuse the issuance or renewal of a license, or
20suspend or revoke such license, for any of the following
21violations of the "Retailers' Occupation Tax Act":
22        1. Failure to make a tax return;
23        2. The filing of a fraudulent return;
24        3. Failure to pay all or part of any tax or penalty
25    finally determined to be due;
26        4. Failure to comply with the bonding requirements of

 

 

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1    the "Retailers' Occupation Tax Act".
2    (b-1) In addition to other grounds specified in this
3Chapter, the Secretary of State, on complaint of the Motor
4Vehicle Review Board, shall refuse the issuance or renewal of a
5license, or suspend or revoke that license, if costs or fees
6assessed under Section 29 or Section 30 of the Motor Vehicle
7Franchise Act have remained unpaid for a period in excess of 90
8days after the licensee received from the Motor Vehicle Board a
9second notice and demand for the costs or fees. The Motor
10Vehicle Review Board must send the licensee written notice and
11demand for payment of the fees or costs at least 2 times, and
12the second notice and demand must be sent by certified mail.
13    (c) Cancellation of a license.
14        1. The license of a person issued under this Chapter
15    may be cancelled by the Secretary of State prior to its
16    expiration in any of the following situations:
17            A. When a license is voluntarily surrendered, by
18        the licensed person; or
19            B. If the business enterprise is a sole
20        proprietorship, which is not a franchised dealership,
21        when the sole proprietor dies or is imprisoned for any
22        period of time exceeding 30 days; or
23            C. If the license was issued to the wrong person or
24        corporation, or contains an error on its face. If any
25        person above whose license has been cancelled wishes to
26        apply for another license, whether during the same

 

 

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1        license year or any other year, that person shall be
2        treated as any other new applicant and the cancellation
3        of the person's prior license shall not, in and of
4        itself, be a bar to the issuance of a new license.
5        2. The license of a person issued under this Chapter
6    may be cancelled without a hearing when the Secretary of
7    State is notified that the applicant, or any officer,
8    director, shareholder having a 10 per cent or greater
9    ownership interest in the corporation, owner, partner,
10    trustee, manager, employee or member of the applicant or
11    the licensee has been convicted of any felony involving the
12    selling, bartering, exchanging, offering for sale, or
13    otherwise dealing in vehicles, chassis, essential parts,
14    vehicle shells, or ownership documents relating to any of
15    the above items.
16(Source: P.A. 97-480, eff. 10-1-11.)
 
17    (625 ILCS 5/5-801)  (from Ch. 95 1/2, par. 5-801)
18    Sec. 5-801. Criminal penalties Penalties. Any person who
19violates any of the provisions of this Chapter, except a person
20who violates a provision for which a different criminal penalty
21is indicated, shall be guilty of a Class A misdemeanor. Any
22person who violates any provisions of Section 5-701 shall be
23guilty of a Class 3 felony.
24(Source: P.A. 95-51, eff. 1-1-08.)
 

 

 

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1    (625 ILCS 5/5-803 new)
2    Sec. 5-803. Administrative penalties. Instead of filing a
3criminal complaint against a new or used vehicle dealer, or
4against any other entity licensed by the Secretary under this
5Code, a Secretary of State Police investigator may issue
6administrative citations for violations of any of the
7provisions of this Chapter or any administrative rule adopted
8by the Secretary under this Chapter. A party receiving a
9citation shall have the right to contest the citation in
10proceedings before the Secretary of State Department of
11Administrative Hearings. Penalties imposed by issuance of an
12administrative citation shall not exceed $50 per violation. A
13penalty may not be imposed unless, during the course of a
14single investigation or upon review of the party's records, the
15party is found to have committed at least 3 separate violations
16of one or more of the provisions of this Code or any
17administrative rule adopted by the Secretary under this Code.
18Penalties paid as a result of the issuance of administrative
19citations shall be deposited in the Secretary of State Police
20Services Fund.
 
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

 

 

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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;
26        8. Violation of Section 11-504 of this Code relating to

 

 

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

 

 

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1    when that offense was the proximate cause of the death of
2    any person. Any person whose driving privileges have been
3    revoked pursuant to this paragraph may seek to have the
4    revocation terminated or to have the length of revocation
5    reduced by requesting an administrative hearing with the
6    Secretary of State prior to the projected driver's license
7    application eligibility date; .
8        17. A second or subsequent conviction of illegal
9    possession, while operating or in actual physical control,
10    as a driver, of a motor vehicle, of any controlled
11    substance prohibited under the Illinois Controlled
12    Substances Act, any cannabis prohibited under the Cannabis
13    Control Act, or any methamphetamine prohibited under the
14    Methamphetamine Control and Community Protection Act. A
15    defendant found guilty of this offense while operating a
16    motor vehicle shall have an entry made in the court record
17    by the presiding judge that this offense did occur while
18    the defendant was operating a motor vehicle and order the
19    clerk of the court to report the violation to the Secretary
20    of State.
21    (b) The Secretary of State shall also immediately revoke
22the license or permit of any driver in the following
23situations:
24        1. Of any minor upon receiving the notice provided for
25    in Section 5-901 of the Juvenile Court Act of 1987 that the
26    minor has been adjudicated under that Act as having

 

 

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1    committed an offense relating to motor vehicles prescribed
2    in Section 4-103 of this Code;
3        2. Of any person when any other law of this State
4    requires either the revocation or suspension of a license
5    or permit;
6        3. Of any person adjudicated under the Juvenile Court
7    Act of 1987 based on an offense determined to have been
8    committed in furtherance of the criminal activities of an
9    organized gang as provided in Section 5-710 of that Act,
10    and that involved the operation or use of a motor vehicle
11    or the use of a driver's license or permit. The revocation
12    shall remain in effect for the period determined by the
13    court. Upon the direction of the court, the Secretary shall
14    issue the person a judicial driving permit, also known as a
15    JDP. The JDP shall be subject to the same terms as a JDP
16    issued under Section 6-206.1, except that the court may
17    direct that a JDP issued under this subdivision (b)(3) be
18    effective immediately.
19    (c)(1) Whenever a person is convicted of any of the
20offenses enumerated in this Section, the court may recommend
21and the Secretary of State in his discretion, without regard to
22whether the recommendation is made by the court may, upon
23application, issue to the person a restricted driving permit
24granting the privilege of driving a motor vehicle between the
25petitioner's residence and petitioner's place of employment or
26within the scope of the petitioner's employment related duties,

 

 

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1or to allow the petitioner to transport himself or herself or a
2family member of the petitioner's household to a medical
3facility for the receipt of necessary medical care or to allow
4the petitioner to transport himself or herself to and from
5alcohol or drug remedial or rehabilitative activity
6recommended by a licensed service provider, or to allow the
7petitioner to transport himself or herself or a family member
8of the petitioner's household to classes, as a student, at an
9accredited educational institution, or to allow the petitioner
10to transport children, elderly persons, or disabled persons who
11do not hold driving privileges and are living in the
12petitioner's household to and from daycare; if the petitioner
13is able to demonstrate that no alternative means of
14transportation is reasonably available and that the petitioner
15will not endanger the public safety or welfare; provided that
16the Secretary's discretion shall be limited to cases where
17undue hardship, as defined by the rules of the Secretary of
18State, would result from a failure to issue the restricted
19driving permit. Those multiple offenders identified in
20subdivision (b)4 of Section 6-208 of this Code, however, shall
21not be eligible for the issuance of a restricted driving
22permit.
23        (2) If a person's license or permit is revoked or
24    suspended due to 2 or more convictions of violating Section
25    11-501 of this Code or a similar provision of a local
26    ordinance or a similar out-of-state offense, or Section 9-3

 

 

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1    of the Criminal Code of 1961, where the use of alcohol or
2    other drugs is recited as an element of the offense, or a
3    similar out-of-state offense, or a combination of these
4    offenses, arising out of separate occurrences, that
5    person, if issued a restricted driving permit, may not
6    operate a vehicle unless it has been equipped with an
7    ignition interlock device as 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 within a 10 year period due
11        to any combination of:
12                (i) a single conviction of violating Section
13            11-501 of this Code or a similar provision of a
14            local ordinance or a similar out-of-state offense,
15            or Section 9-3 of the Criminal Code of 1961, where
16            the use of alcohol or other drugs is recited as an
17            element of the offense, or a similar out-of-state
18            offense; or
19                (ii) a statutory summary suspension or
20            revocation under Section 11-501.1; or
21                (iii) a suspension pursuant to Section
22            6-203.1;
23        arising out of separate occurrences; or
24            (B) a person has been convicted of one violation of
25        Section 6-303 of this Code committed while his or her
26        driver's license, permit, or privilege was revoked

 

 

09700HB5493sam001- 21 -LRB097 19359 HEP 68747 a

1        because of a violation of Section 9-3 of the Criminal
2        Code of 1961, relating to the offense of reckless
3        homicide where the use of alcohol or other drugs was
4        recited as an element of the offense, or a similar
5        provision of a law of another state;
6    that person, if issued a restricted driving permit, may not
7    operate a vehicle unless it has been equipped with an
8    ignition interlock device as defined in Section 1-129.1.
9        (4) The person issued a permit conditioned on the use
10    of an ignition interlock device must pay to the Secretary
11    of State DUI Administration Fund an amount not to exceed
12    $30 per month. The Secretary shall establish by rule the
13    amount and the procedures, terms, and conditions relating
14    to these fees.
15        (5) If the restricted driving permit is issued for
16    employment purposes, then the prohibition against
17    operating a motor vehicle that is not equipped with an
18    ignition interlock device does not apply to the operation
19    of an occupational vehicle owned or leased by that person's
20    employer when used solely for employment purposes.
21        (6) In each case the Secretary of State may issue a
22    restricted driving permit for a period he deems
23    appropriate, except that the permit shall expire within one
24    year from the date of issuance. The Secretary may not,
25    however, issue a restricted driving permit to any person
26    whose current revocation is the result of a second or

 

 

09700HB5493sam001- 22 -LRB097 19359 HEP 68747 a

1    subsequent conviction for a violation of Section 11-501 of
2    this Code or a similar provision of a local ordinance or
3    any similar out-of-state offense, or Section 9-3 of the
4    Criminal Code of 1961, where the use of alcohol or other
5    drugs is recited as an element of the offense, or any
6    similar out-of-state offense, or any combination of these
7    offenses, until the expiration of at least one year from
8    the date of the revocation. A restricted driving permit
9    issued under this Section shall be subject to cancellation,
10    revocation, and suspension by the Secretary of State in
11    like manner and for like cause as a driver's license issued
12    under this Code may be cancelled, revoked, or suspended;
13    except that a conviction upon one or more offenses against
14    laws or ordinances regulating the movement of traffic shall
15    be deemed sufficient cause for the revocation, suspension,
16    or cancellation of a restricted driving permit. The
17    Secretary of State may, as a condition to the issuance of a
18    restricted driving permit, require the petitioner to
19    participate in a designated driver remedial or
20    rehabilitative program. The Secretary of State is
21    authorized to cancel a restricted driving permit if the
22    permit holder does not successfully complete the program.
23    However, if an individual's driving privileges have been
24    revoked in accordance with paragraph 13 of subsection (a)
25    of this Section, no restricted driving permit shall be
26    issued until the individual has served 6 months of the

 

 

09700HB5493sam001- 23 -LRB097 19359 HEP 68747 a

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

 

 

09700HB5493sam001- 24 -LRB097 19359 HEP 68747 a

1person applying will not endanger the public safety or welfare,
2issue a restricted driving permit granting the privilege of
3driving a motor vehicle only between the hours of 5 a.m. and 9
4p.m. or as otherwise provided by this Section for a period of
5one year. After this one year period, and upon reapplication
6for a license as provided in Section 6-106, upon payment of the
7appropriate reinstatement fee provided under paragraph (b) of
8Section 6-118, the Secretary of State, in his discretion, may
9reinstate the petitioner's driver's license and driving
10privileges, or extend the restricted driving permit as many
11times as the Secretary of State deems appropriate, by
12additional periods of not more than 12 months each.
13        (2) If a person's license or permit is revoked or
14    suspended due to 2 or more convictions of violating Section
15    11-501 of this Code or a similar provision of a local
16    ordinance or a similar out-of-state offense, or Section 9-3
17    of the Criminal Code of 1961, where the use of alcohol or
18    other drugs is recited as an element of the offense, or a
19    similar out-of-state offense, or a combination of these
20    offenses, arising out of separate occurrences, that
21    person, if issued a restricted driving permit, may not
22    operate a vehicle unless it has been equipped with an
23    ignition interlock device as defined in Section 1-129.1.
24        (3) If a person's license or permit is revoked or
25    suspended 2 or more times within a 10 year period due to
26    any combination of:

 

 

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1            (A) a single conviction of violating Section
2        11-501 of this Code or a similar provision of a local
3        ordinance or a similar out-of-state offense, or
4        Section 9-3 of the Criminal Code of 1961, where the use
5        of alcohol or other drugs is recited as an element of
6        the offense, or a similar out-of-state offense; or
7            (B) a statutory summary suspension or revocation
8        under Section 11-501.1; or
9            (C) a suspension pursuant to Section 6-203.1;
10    arising out of separate occurrences, that person, if issued
11    a restricted driving permit, may not operate a vehicle
12    unless it has been equipped with an ignition interlock
13    device as defined in Section 1-129.1.
14        (4) The person issued a permit conditioned upon the use
15    of an interlock device must pay to the Secretary of State
16    DUI Administration Fund an amount not to exceed $30 per
17    month. The Secretary shall establish by rule the amount and
18    the procedures, terms, and conditions relating to these
19    fees.
20        (5) If the restricted driving permit is issued for
21    employment purposes, then the prohibition against driving
22    a vehicle that is not equipped with an ignition interlock
23    device does not apply to the operation of an occupational
24    vehicle owned or leased by that person's employer when used
25    solely for employment purposes.
26        (6) A restricted driving permit issued under this

 

 

09700HB5493sam001- 26 -LRB097 19359 HEP 68747 a

1    Section shall be subject to cancellation, revocation, and
2    suspension by the Secretary of State in like manner and for
3    like cause as a driver's license issued under this Code may
4    be cancelled, revoked, or suspended; except that a
5    conviction upon one or more offenses against laws or
6    ordinances regulating the movement of traffic shall be
7    deemed sufficient cause for the revocation, suspension, or
8    cancellation of a restricted driving permit.
9    (d-5) The revocation of the license, permit, or driving
10privileges of a person convicted of a third or subsequent
11violation of Section 6-303 of this Code committed while his or
12her driver's license, permit, or privilege was revoked because
13of a violation of Section 9-3 of the Criminal Code of 1961,
14relating to the offense of reckless homicide, or a similar
15provision of a law of another state, is permanent. The
16Secretary may not, at any time, issue a license or permit to
17that person.
18    (e) This Section is subject to the provisions of the Driver
19License Compact.
20    (f) Any revocation imposed upon any person under
21subsections 2 and 3 of paragraph (b) that is in effect on
22December 31, 1988 shall be converted to a suspension for a like
23period of time.
24    (g) The Secretary of State shall not issue a restricted
25driving permit to a person under the age of 16 years whose
26driving privileges have been revoked under any provisions of

 

 

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1this Code.
2    (h) The Secretary of State shall require the use of
3ignition interlock devices on all vehicles owned by a person
4who has been convicted of a second or subsequent offense under
5Section 11-501 of this Code or a similar provision of a local
6ordinance. The person must pay to the Secretary of State DUI
7Administration Fund an amount not to exceed $30 for each month
8that he or she uses the device. The Secretary shall establish
9by rule and regulation the procedures for certification and use
10of the interlock system, the amount of the fee, and the
11procedures, terms, and conditions relating to these fees.
12    (i) (Blank).
13    (j) In accordance with 49 C.F.R. 384, the Secretary of
14State may not issue a restricted driving permit for the
15operation of a commercial motor vehicle to a person holding a
16CDL whose driving privileges have been revoked, suspended,
17cancelled, or disqualified under any provisions of this Code.
18(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1996-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
207-1-11; 97-333, eff. 8-12-11.)
 
21    (625 ILCS 5/6-206)
22    Sec. 6-206. Discretionary authority to suspend or revoke
23license or permit; Right to a hearing.
24    (a) The Secretary of State is authorized to suspend or
25revoke the driving privileges of any person without preliminary

 

 

09700HB5493sam001- 28 -LRB097 19359 HEP 68747 a

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

 

 

09700HB5493sam001- 29 -LRB097 19359 HEP 68747 a

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

 

 

09700HB5493sam001- 30 -LRB097 19359 HEP 68747 a

1    issued prior to January 1, 2009, probationary license to
2    drive, or a restricted driving permit issued under this
3    Code;
4        12. Has submitted to any portion of the application
5    process for another person or has obtained the services of
6    another person to submit to any portion of the application
7    process for the purpose of obtaining a license,
8    identification card, or permit for some other person;
9        13. Has operated a motor vehicle upon a highway of this
10    State when the person's driver's license or permit was
11    invalid under the provisions of Sections 6-107.1 and 6-110;
12        14. Has committed a violation of Section 6-301,
13    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
14    of the Illinois Identification Card Act;
15        15. Has been convicted of violating Section 21-2 of the
16    Criminal Code of 1961 relating to criminal trespass to
17    vehicles in which case, the suspension shall be for one
18    year;
19        16. Has been convicted of violating Section 11-204 of
20    this Code relating to fleeing from a peace officer;
21        17. Has refused to submit to a test, or tests, as
22    required under Section 11-501.1 of this Code and the person
23    has not sought a hearing as provided for in Section
24    11-501.1;
25        18. Has, since issuance of a driver's license or
26    permit, been adjudged to be afflicted with or suffering

 

 

09700HB5493sam001- 31 -LRB097 19359 HEP 68747 a

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

 

 

09700HB5493sam001- 32 -LRB097 19359 HEP 68747 a

1    by another in the application process in order to obtain or
2    attempt to obtain a license, identification card, or
3    permit;
4        26. Has altered or attempted to alter a license or has
5    possessed an altered license, identification card, or
6    permit;
7        27. Has violated Section 6-16 of the Liquor Control Act
8    of 1934;
9        28. Has been convicted for a first time of the illegal
10    possession, while operating or in actual physical control,
11    as a driver, of a motor vehicle, of any controlled
12    substance prohibited under the Illinois Controlled
13    Substances Act, any cannabis prohibited under the Cannabis
14    Control Act, or any methamphetamine prohibited under the
15    Methamphetamine Control and Community Protection Act, in
16    which case the person's driving privileges shall be
17    suspended for one year, and any driver who is convicted of
18    a second or subsequent offense, within 5 years of a
19    previous conviction, for the illegal possession, while
20    operating or in actual physical control, as a driver, of a
21    motor vehicle, of any controlled substance prohibited
22    under the Illinois Controlled Substances Act, any cannabis
23    prohibited under the Cannabis Control Act, or any
24    methamphetamine prohibited under the Methamphetamine
25    Control and Community Protection Act shall be suspended for
26    5 years. Any defendant found guilty of this offense while

 

 

09700HB5493sam001- 33 -LRB097 19359 HEP 68747 a

1    operating a motor vehicle, shall have an entry made in the
2    court record by the presiding judge that this offense did
3    occur while the defendant was operating a motor vehicle and
4    order the clerk of the court to report the violation to the
5    Secretary of State;
6        29. Has been convicted of the following offenses that
7    were committed while the person was operating or in actual
8    physical control, as a driver, of a motor vehicle: criminal
9    sexual assault, predatory criminal sexual assault of a
10    child, aggravated criminal sexual assault, criminal sexual
11    abuse, aggravated criminal sexual abuse, juvenile pimping,
12    soliciting for a juvenile prostitute, promoting juvenile
13    prostitution as described in subdivision (a)(1), (a)(2),
14    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
15    and the manufacture, sale or delivery of controlled
16    substances or instruments used for illegal drug use or
17    abuse in which case the driver's driving privileges shall
18    be suspended for one year;
19        30. Has been convicted a second or subsequent time for
20    any combination of the offenses named in paragraph 29 of
21    this subsection, in which case the person's driving
22    privileges shall be suspended for 5 years;
23        31. Has refused to submit to a test as required by
24    Section 11-501.6 or has submitted to a test resulting in an
25    alcohol concentration of 0.08 or more or any amount of a
26    drug, substance, or compound resulting from the unlawful

 

 

09700HB5493sam001- 34 -LRB097 19359 HEP 68747 a

1    use or consumption of cannabis as listed in the Cannabis
2    Control Act, a controlled substance as listed in the
3    Illinois Controlled Substances Act, an intoxicating
4    compound as listed in the Use of Intoxicating Compounds
5    Act, or methamphetamine as listed in the Methamphetamine
6    Control and Community Protection Act, in which case the
7    penalty shall be as prescribed in Section 6-208.1;
8        32. Has been convicted of Section 24-1.2 of the
9    Criminal Code of 1961 relating to the aggravated discharge
10    of a firearm if the offender was located in a motor vehicle
11    at the time the firearm was discharged, in which case the
12    suspension shall be for 3 years;
13        33. Has as a driver, who was less than 21 years of age
14    on the date of the offense, been convicted a first time of
15    a violation of paragraph (a) of Section 11-502 of this Code
16    or a similar provision of a local ordinance;
17        34. Has committed a violation of Section 11-1301.5 of
18    this Code;
19        35. Has committed a violation of Section 11-1301.6 of
20    this Code;
21        36. Is under the age of 21 years at the time of arrest
22    and has been convicted of not less than 2 offenses against
23    traffic regulations governing the movement of vehicles
24    committed within any 24 month period. No revocation or
25    suspension shall be entered more than 6 months after the
26    date of last conviction;

 

 

09700HB5493sam001- 35 -LRB097 19359 HEP 68747 a

1        37. Has committed a violation of subsection (c) of
2    Section 11-907 of this Code that resulted in damage to the
3    property of another or the death or injury of another;
4        38. Has been convicted of a violation of Section 6-20
5    of the Liquor Control Act of 1934 or a similar provision of
6    a local ordinance;
7        39. Has committed a second or subsequent violation of
8    Section 11-1201 of this Code;
9        40. Has committed a violation of subsection (a-1) of
10    Section 11-908 of this Code;
11        41. Has committed a second or subsequent violation of
12    Section 11-605.1 of this Code, a similar provision of a
13    local ordinance, or a similar violation in any other state
14    within 2 years of the date of the previous violation, in
15    which case the suspension shall be for 90 days;
16        42. Has committed a violation of subsection (a-1) of
17    Section 11-1301.3 of this Code;
18        43. Has received a disposition of court supervision for
19    a violation of subsection (a), (d), or (e) of Section 6-20
20    of the Liquor Control Act of 1934 or a similar provision of
21    a local ordinance, in which case the suspension shall be
22    for a period of 3 months;
23        44. Is under the age of 21 years at the time of arrest
24    and has been convicted of an offense against traffic
25    regulations governing the movement of vehicles after
26    having previously had his or her driving privileges

 

 

09700HB5493sam001- 36 -LRB097 19359 HEP 68747 a

1    suspended or revoked pursuant to subparagraph 36 of this
2    Section; or
3        45. Has, in connection with or during the course of a
4    formal hearing conducted under Section 2-118 of this Code:
5    (i) committed perjury; (ii) submitted fraudulent or
6    falsified documents; (iii) submitted documents that have
7    been materially altered; or (iv) submitted, as his or her
8    own, documents that were in fact prepared or composed for
9    another person.
10    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
11and 27 of this subsection, license means any driver's license,
12any traffic ticket issued when the person's driver's license is
13deposited in lieu of bail, a suspension notice issued by the
14Secretary of State, a duplicate or corrected driver's license,
15a probationary driver's license or a temporary driver's
16license.
17    (b) If any conviction forming the basis of a suspension or
18revocation authorized under this Section is appealed, the
19Secretary of State may rescind or withhold the entry of the
20order of suspension or revocation, as the case may be, provided
21that a certified copy of a stay order of a court is filed with
22the Secretary of State. If the conviction is affirmed on
23appeal, the date of the conviction shall relate back to the
24time the original judgment of conviction was entered and the 6
25month limitation prescribed shall not apply.
26    (c) 1. Upon suspending or revoking the driver's license or

 

 

09700HB5493sam001- 37 -LRB097 19359 HEP 68747 a

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

 

 

09700HB5493sam001- 38 -LRB097 19359 HEP 68747 a

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

 

 

09700HB5493sam001- 39 -LRB097 19359 HEP 68747 a

1    transport himself or herself, or a family member of the
2    petitioner's household to a medical facility, to receive
3    necessary medical care, to allow the petitioner to
4    transport himself or herself to and from alcohol or drug
5    remedial or rehabilitative activity recommended by a
6    licensed service provider, or to allow the petitioner to
7    transport himself or herself or a family member of the
8    petitioner's household to classes, as a student, at an
9    accredited educational institution, or to allow the
10    petitioner to transport children, elderly persons, or
11    disabled persons who do not hold driving privileges and are
12    living in the petitioner's household to and from daycare.
13    The petitioner must demonstrate that no alternative means
14    of transportation is reasonably available and that the
15    petitioner will not endanger the public safety or welfare.
16    Those multiple offenders identified in subdivision (b)4 of
17    Section 6-208 of this Code, however, shall not be eligible
18    for the issuance of a restricted driving permit.
19             (A) If a person's license or permit is revoked or
20        suspended due to 2 or more convictions of violating
21        Section 11-501 of this Code or a similar provision of a
22        local ordinance or a similar out-of-state offense, or
23        Section 9-3 of the Criminal Code of 1961, where the use
24        of alcohol or other drugs is recited as an element of
25        the offense, or a similar out-of-state offense, or a
26        combination of these offenses, arising out of separate

 

 

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1        occurrences, that person, if issued a restricted
2        driving permit, may not operate a vehicle unless it has
3        been equipped with an ignition interlock device as
4        defined in Section 1-129.1.
5            (B) If a person's license or permit is revoked or
6        suspended 2 or more times within a 10 year period due
7        to any combination of:
8                (i) a single conviction of violating Section
9            11-501 of this Code or a similar provision of a
10            local ordinance or a similar out-of-state offense
11            or Section 9-3 of the Criminal Code of 1961, where
12            the use of alcohol or other drugs is recited as an
13            element of the offense, or a similar out-of-state
14            offense; or
15                (ii) a statutory summary suspension or
16            revocation under Section 11-501.1; or
17                (iii) a suspension under Section 6-203.1;
18        arising out of separate occurrences; that person, if
19        issued a restricted driving permit, may not operate a
20        vehicle unless it has been equipped with an ignition
21        interlock device as defined in Section 1-129.1.
22            (C) The person issued a permit conditioned upon the
23        use of an ignition interlock device must pay to the
24        Secretary of State DUI Administration Fund an amount
25        not to exceed $30 per month. The Secretary shall
26        establish by rule the amount and the procedures, terms,

 

 

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1        and conditions relating to these fees.
2            (D) If the restricted driving permit is issued for
3        employment purposes, then the prohibition against
4        operating a motor vehicle that is not equipped with an
5        ignition interlock device does not apply to the
6        operation of an occupational vehicle owned or leased by
7        that person's employer when used solely for employment
8        purposes.
9            (E) In each case the Secretary may issue a
10        restricted driving permit for a period deemed
11        appropriate, except that all permits shall expire
12        within one year from the date of issuance. The
13        Secretary may not, however, issue a restricted driving
14        permit to any person whose current revocation is the
15        result of a second or subsequent conviction for a
16        violation of Section 11-501 of this Code or a similar
17        provision of a local ordinance or any similar
18        out-of-state offense, or Section 9-3 of the Criminal
19        Code of 1961, where the use of alcohol or other drugs
20        is recited as an element of the offense, or any similar
21        out-of-state offense, or any combination of those
22        offenses, until the expiration of at least one year
23        from the date of the revocation. A restricted driving
24        permit issued under this Section shall be subject to
25        cancellation, revocation, and suspension by the
26        Secretary of State in like manner and for like cause as

 

 

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1        a driver's license issued under this Code may be
2        cancelled, revoked, or suspended; except that a
3        conviction upon one or more offenses against laws or
4        ordinances regulating the movement of traffic shall be
5        deemed sufficient cause for the revocation,
6        suspension, or cancellation of a restricted driving
7        permit. The Secretary of State may, as a condition to
8        the issuance of a restricted driving permit, require
9        the applicant to participate in a designated driver
10        remedial or rehabilitative program. The Secretary of
11        State is authorized to cancel a restricted driving
12        permit if the permit holder does not successfully
13        complete the program.
14    (c-3) In the case of a suspension under paragraph 43 of
15subsection (a), reports received by the Secretary of State
16under this Section shall, except during the actual time the
17suspension is in effect, be privileged information and for use
18only by the courts, police officers, prosecuting authorities,
19the driver licensing administrator of any other state, the
20Secretary of State, or the parent or legal guardian of a driver
21under the age of 18. However, beginning January 1, 2008, if the
22person is a CDL holder, the suspension shall also be made
23available to the driver licensing administrator of any other
24state, the U.S. Department of Transportation, and the affected
25driver or motor carrier or prospective motor carrier upon
26request.

 

 

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1    (c-4) In the case of a suspension under paragraph 43 of
2subsection (a), the Secretary of State shall notify the person
3by mail that his or her driving privileges and driver's license
4will be suspended one month after the date of the mailing of
5the notice.
6    (c-5) The Secretary of State may, as a condition of the
7reissuance of a driver's license or permit to an applicant
8whose driver's license or permit has been suspended before he
9or she reached the age of 21 years pursuant to any of the
10provisions of this Section, require the applicant to
11participate in a driver remedial education course and be
12retested under Section 6-109 of this Code.
13    (d) This Section is subject to the provisions of the
14Drivers License Compact.
15    (e) The Secretary of State shall not issue a restricted
16driving permit to a person under the age of 16 years whose
17driving privileges have been suspended or revoked under any
18provisions of this Code.
19    (f) In accordance with 49 C.F.R. 384, the Secretary of
20State may not issue a restricted driving permit for the
21operation of a commercial motor vehicle to a person holding a
22CDL whose driving privileges have been suspended, revoked,
23cancelled, or disqualified under any provisions of this Code.
24(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
2596-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
267-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,

 

 

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1eff. 8-12-11; revised 9-15-11.)
 
2    Section 99. Effective date. This Section and Sec. 3-100.2,
33-821, 5-501, 5-801, and 5-803 of Section 5 of this Act take
4effect upon becoming law.".