SB2411 EngrossedLRB100 17944 LNS 33128 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the License to
5Work Act.
 
6    Section 5. The Illinois Vehicle Code is amended by changing
7Sections 3-704.2, 6-201, 6-204, 6-205, 6-206, 6-306.5, and
811-208.3 and by adding Sections 6-209.1 and 11-208.3a as
9follows:
 
10    (625 ILCS 5/3-704.2)
11    Sec. 3-704.2. Failure to satisfy fines or penalties for
12toll violations or evasions; suspension of vehicle
13registration.
14    (a) Upon receipt of a certified report, as prescribed by
15subsection (c) of this Section, from the Authority stating that
16the owner of a registered vehicle has failed to satisfy any
17fine or penalty resulting from a final order issued by the
18Authority relating directly or indirectly to 5 or more toll
19violations, toll evasions, or both, the Secretary of State
20shall suspend the vehicle registration of the person in
21accordance with the procedures set forth in this Section.
22    (b) Following receipt of the certified report of the

 

 

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1Authority as specified in the Section, the Secretary of State
2shall notify the person whose name appears on the certified
3report that the person's vehicle registration will be suspended
4at the end of a specified period unless the Secretary of State
5is presented with a notice from the Authority certifying that
6the fines or penalties owing the Authority have been satisfied
7or that inclusion of that person's name on the certified report
8was in error. The Secretary's notice shall state in substance
9the information contained in the Authority's certified report
10to the Secretary, and shall be effective as specified by
11subsection (c) of Section 6-211 of this Code.
12    (c) The report from the Authority notifying the Secretary
13of unsatisfied fines or penalties pursuant to this Section
14shall be certified and shall contain the following:
15        (1) The name, last known address, and driver's license
16    number of the person who failed to satisfy the fines or
17    penalties and the registration number of any vehicle known
18    to be registered in this State to that person.
19        (2) A statement that the Authority sent a notice of
20    impending suspension of the person's driver's license,
21    vehicle registration, or both, as prescribed by rules
22    enacted pursuant to subsection (a-5) of Section 10 of the
23    Toll Highway Act, to the person named in the report at the
24    address recorded with the Secretary of State; the date on
25    which the notice was sent; and the address to which the
26    notice was sent.

 

 

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

 

 

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1unambiguous language, the consequences of that failure to
2satisfy any fine or penalty imposed by the Authority shall
3result in the Secretary of State suspending the driving
4privileges, vehicle registration, or both, of the person
5failing to satisfy the fines or penalties imposed by the
6Authority.
7    (g) A person may request an administrative hearing to
8contest an impending suspension or a suspension made pursuant
9to this Section upon filing a written request with the
10Secretary. The filing fee for this hearing is $20, to be paid
11at the time of the request. The Authority shall reimburse the
12Secretary for all reasonable costs incurred by the Secretary as
13a result of the filing of a certified report pursuant to this
14Section, including, but not limited to, the costs of providing
15notice required pursuant to subsection (b) and the costs
16incurred by the Secretary in any hearing conducted with respect
17to the report pursuant to this subsection and any appeal from
18that hearing.
19    (h) The Secretary and the Authority may promulgate rules to
20enable them to carry out their duties under this Section.
21    (i) The Authority shall cooperate with the Secretary in the
22administration of this Section and shall provide the Secretary
23with any information the Secretary may deem necessary for these
24purposes, including regular and timely access to toll violation
25enforcement records.
26    The Secretary shall cooperate with the Authority in the

 

 

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

 

 

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1        5. is ineligible therefor under the provisions of
2    Section 6-103 of this Act, as amended; or
3        6. has refused or neglected to submit an alcohol, drug,
4    and intoxicating compound evaluation or to submit to
5    examination or reexamination re-examination as required
6    under this Code Act; or
7        7. has been convicted of violating the Cannabis Control
8    Act, the Illinois Controlled Substances Act, the
9    Methamphetamine Control and Community Protection Act, or
10    the Use of Intoxicating Compounds Act while that individual
11    was in actual physical control of a motor vehicle. For
12    purposes of this Section, any person placed on probation
13    under Section 10 of the Cannabis Control Act, Section 410
14    of the Illinois Controlled Substances Act, or Section 70 of
15    the Methamphetamine Control and Community Protection Act
16    shall not be considered convicted. Any person found guilty
17    of this offense, while in actual physical control of a
18    motor vehicle, shall have an entry made in the court record
19    by the judge that this offense did occur while the person
20    was in actual physical control of a motor vehicle and order
21    the clerk of the court to report the violation to the
22    Secretary of State as such. After the cancellation, the
23    Secretary of State shall not issue a new license or permit
24    for a period of one year after the date of cancellation.
25    However, upon application, the Secretary of State may, if
26    satisfied that the person applying will not endanger the

 

 

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1    public safety, or welfare, issue a restricted driving
2    permit granting the privilege of driving a motor vehicle
3    between the petitioner's residence and petitioner's place
4    of employment or within the scope of the petitioner's
5    employment related duties, or to allow transportation for
6    the petitioner or a household member of the petitioner's
7    family for the receipt of necessary medical care, or
8    provide transportation for the petitioner to and from
9    alcohol or drug remedial or rehabilitative activity
10    recommended by a licensed service provider, or for the
11    petitioner to attend classes, as a student, in an
12    accredited educational institution. The petitioner must
13    demonstrate that no alternative means of transportation is
14    reasonably available; provided that the Secretary's
15    discretion shall be limited to cases where undue hardship,
16    as defined by the rules of the Secretary of State, would
17    result from a failure to issue such restricted driving
18    permit. In each case the Secretary of State may issue such
19    restricted driving permit for such period as he deems
20    appropriate, except that such permit shall expire within
21    one year from the date of issuance. A restricted driving
22    permit issued hereunder shall be subject to cancellation,
23    revocation, and suspension by the Secretary of State in
24    like manner and for like cause as a driver's license issued
25    hereunder may be cancelled, revoked or suspended; except
26    that a conviction upon one or more offenses against laws or

 

 

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1    ordinances regulating the movement of traffic shall be
2    deemed sufficient cause for the revocation, suspension or
3    cancellation of a restricted driving permit. The Secretary
4    of State may, as a condition to the issuance of a
5    restricted driving permit, require the applicant to
6    participate in a driver remedial or rehabilitative
7    program. In accordance with 49 C.F.R. 384, the Secretary of
8    State may not issue a restricted driving permit for the
9    operation of a commercial motor vehicle to a person holding
10    a CDL whose driving privileges have been revoked,
11    suspended, cancelled, or disqualified under this Code; or
12        8. failed to submit a report as required by Section
13    6-116.5 of this Code; or
14        9. has been convicted of a sex offense as defined in
15    the Sex Offender Registration Act. The driver's license
16    shall remain cancelled until the driver registers as a sex
17    offender as required by the Sex Offender Registration Act,
18    proof of the registration is furnished to the Secretary of
19    State and the sex offender provides proof of current
20    address to the Secretary; or
21        10. is ineligible for a license or permit under Section
22    6-107, 6-107.1, or 6-108 of this Code; or
23        11. refused or neglected to appear at a Driver Services
24    facility to have the license or permit corrected and a new
25    license or permit issued or to present documentation for
26    verification of identity; or

 

 

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1        12. failed to submit a medical examiner's certificate
2    or medical variance as required by 49 C.F.R. 383.71 or
3    submitted a fraudulent medical examiner's certificate or
4    medical variance; or
5        13. has had his or her medical examiner's certificate,
6    medical variance, or both removed or rescinded by the
7    Federal Motor Carrier Safety Administration; or
8        14. failed to self-certify as to the type of driving in
9    which the CDL driver engages or expects to engage; or
10        15. has submitted acceptable documentation indicating
11    out-of-state residency to the Secretary of State to be
12    released from the requirement of showing proof of financial
13    responsibility in this State; or
14        16. was convicted of fraud relating to the testing or
15    issuance of a CDL or CLP, in which case only the CDL or CLP
16    shall be cancelled. After cancellation, the Secretary
17    shall not issue a CLP or CDL for a period of one year from
18    the date of cancellation; or
19        17. has a special restricted license under subsection
20    (g) of Section 6-113 of this Code and failed to submit the
21    required annual vision specialist report that the special
22    restricted license holder's vision has not changed; or
23        18. has a special restricted license under subsection
24    (g) of Section 6-113 of this Code and was convicted or
25    received court supervision for a violation of this Code
26    that occurred during nighttime hours or was involved in a

 

 

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1    motor vehicle accident during nighttime hours in which the
2    restricted license holder was at fault; or
3        19. has assisted an out-of-state resident in acquiring
4    an Illinois driver's license or identification card by
5    providing or allowing the out-of-state resident to use his
6    or her Illinois address of residence and is complicit in
7    distributing and forwarding the Illinois driver's license
8    or identification card to the out-of-state resident.
9    (b) Upon such cancellation the licensee or permittee must
10surrender the license or permit so cancelled to the Secretary
11of State.
12    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
13Secretary of State shall have exclusive authority to grant,
14issue, deny, cancel, suspend and revoke driving privileges,
15drivers' licenses and restricted driving permits.
16    (d) The Secretary of State may adopt rules to implement
17this Section.
18(Source: P.A. 100-409, eff. 8-25-17.)
 
19    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
20    Sec. 6-204. When court to forward license and reports.
21    (a) For the purpose of providing to the Secretary of State
22the records essential to the performance of the Secretary's
23duties under this Code to cancel, revoke or suspend the
24driver's license and privilege to drive motor vehicles of
25certain minors adjudicated truant minors in need of

 

 

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1supervision, addicted, or delinquent and of persons found
2guilty of the criminal offenses or traffic violations which
3this Code recognizes as evidence relating to unfitness to
4safely operate motor vehicles, the following duties are imposed
5upon public officials:
6        (1) Whenever any person is convicted of any offense for
7    which this Code makes mandatory the cancellation or
8    revocation of the driver's license or permit of such person
9    by the Secretary of State, the judge of the court in which
10    such conviction is had shall require the surrender to the
11    clerk of the court of all driver's licenses or permits then
12    held by the person so convicted, and the clerk of the court
13    shall, within 5 days thereafter, forward the same, together
14    with a report of such conviction, to the Secretary.
15        (2) Whenever any person is convicted of any offense
16    under this Code or similar offenses under a municipal
17    ordinance, other than regulations governing standing,
18    parking or weights of vehicles, and excepting the following
19    enumerated Sections of this Code: Sections 11-1406
20    (obstruction to driver's view or control), 11-1407
21    (improper opening of door into traffic), 11-1410 (coasting
22    on downgrade), 11-1411 (following fire apparatus),
23    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
24    vehicle which is in unsafe condition or improperly
25    equipped), 12-201(a) (daytime lights on motorcycles),
26    12-202 (clearance, identification and side marker lamps),

 

 

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1    12-204 (lamp or flag on projecting load), 12-205 (failure
2    to display the safety lights required), 12-401
3    (restrictions as to tire equipment), 12-502 (mirrors),
4    12-503 (windshields must be unobstructed and equipped with
5    wipers), 12-601 (horns and warning devices), 12-602
6    (mufflers, prevention of noise or smoke), 12-603 (seat
7    safety belts), 12-702 (certain vehicles to carry flares or
8    other warning devices), 12-703 (vehicles for oiling roads
9    operated on highways), 12-710 (splash guards and
10    replacements), 13-101 (safety tests), 15-101 (size, weight
11    and load), 15-102 (width), 15-103 (height), 15-104 (name
12    and address on second division vehicles), 15-107 (length of
13    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
14    15-112 (weights), 15-301 (weights), 15-316 (weights),
15    15-318 (weights), and also excepting the following
16    enumerated Sections of the Chicago Municipal Code:
17    Sections 27-245 (following fire apparatus), 27-254
18    (obstruction of traffic), 27-258 (driving vehicle which is
19    in unsafe condition), 27-259 (coasting on downgrade),
20    27-264 (use of horns and signal devices), 27-265
21    (obstruction to driver's view or driver mechanism), 27-267
22    (dimming of headlights), 27-268 (unattended motor
23    vehicle), 27-272 (illegal funeral procession), 27-273
24    (funeral procession on boulevard), 27-275 (driving freight
25    hauling vehicles on boulevard), 27-276 (stopping and
26    standing of buses or taxicabs), 27-277 (cruising of public

 

 

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1    passenger vehicles), 27-305 (parallel parking), 27-306
2    (diagonal parking), 27-307 (parking not to obstruct
3    traffic), 27-308 (stopping, standing or parking
4    regulated), 27-311 (parking regulations), 27-312 (parking
5    regulations), 27-313 (parking regulations), 27-314
6    (parking regulations), 27-315 (parking regulations),
7    27-316 (parking regulations), 27-317 (parking
8    regulations), 27-318 (parking regulations), 27-319
9    (parking regulations), 27-320 (parking regulations),
10    27-321 (parking regulations), 27-322 (parking
11    regulations), 27-324 (loading and unloading at an angle),
12    27-333 (wheel and axle loads), 27-334 (load restrictions in
13    the downtown district), 27-335 (load restrictions in
14    residential areas), 27-338 (width of vehicles), 27-339
15    (height of vehicles), 27-340 (length of vehicles), 27-352
16    (reflectors on trailers), 27-353 (mufflers), 27-354
17    (display of plates), 27-355 (display of city vehicle tax
18    sticker), 27-357 (identification of vehicles), 27-358
19    (projecting of loads), and also excepting the following
20    enumerated paragraphs of Section 2-201 of the Rules and
21    Regulations of the Illinois State Toll Highway Authority:
22    (l) (driving unsafe vehicle on tollway), (m) (vehicles
23    transporting dangerous cargo not properly indicated), it
24    shall be the duty of the clerk of the court in which such
25    conviction is had within 5 days thereafter to forward to
26    the Secretary of State a report of the conviction and the

 

 

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1    court may recommend the suspension of the driver's license
2    or permit of the person so convicted.
3        The reporting requirements of this subsection shall
4    apply to all violations stated in paragraphs (1) and (2) of
5    this subsection when the individual has been adjudicated
6    under the Juvenile Court Act or the Juvenile Court Act of
7    1987. Such reporting requirements shall also apply to
8    individuals adjudicated under the Juvenile Court Act or the
9    Juvenile Court Act of 1987 who have committed a violation
10    of Section 11-501 of this Code, or similar provision of a
11    local ordinance, or Section 9-3 of the Criminal Code of
12    1961 or the Criminal Code of 2012, relating to the offense
13    of reckless homicide, or Section 5-7 of the Snowmobile
14    Registration and Safety Act or Section 5-16 of the Boat
15    Registration and Safety Act, relating to the offense of
16    operating a snowmobile or a watercraft while under the
17    influence of alcohol, other drug or drugs, intoxicating
18    compound or compounds, or combination thereof. These
19    reporting requirements also apply to individuals
20    adjudicated under the Juvenile Court Act of 1987 based on
21    any offense determined to have been committed in
22    furtherance of the criminal activities of an organized
23    gang, as provided in Section 5-710 of that Act, if those
24    activities and that involved the operation or use of a
25    motor vehicle or the use of a driver's license or permit.
26    The reporting requirements of this subsection shall also

 

 

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1    apply to a truant minor in need of supervision, an addicted
2    minor, or a delinquent minor and whose driver's license and
3    privilege to drive a motor vehicle has been ordered
4    suspended for such times as determined by the court, but
5    only until he or she attains 18 years of age. It shall be
6    the duty of the clerk of the court in which adjudication is
7    had within 5 days thereafter to forward to the Secretary of
8    State a report of the adjudication and the court order
9    requiring the Secretary of State to suspend the minor's
10    driver's license and driving privilege for such time as
11    determined by the court, but only until he or she attains
12    the age of 18 years. All juvenile court dispositions
13    reported to the Secretary of State under this provision
14    shall be processed by the Secretary of State as if the
15    cases had been adjudicated in traffic or criminal court.
16    However, information reported relative to the offense of
17    reckless homicide, or Section 11-501 of this Code, or a
18    similar provision of a local ordinance, shall be privileged
19    and available only to the Secretary of State, courts, and
20    police officers.
21        The reporting requirements of this subsection (a)
22    apply to all violations listed in paragraphs (1) and (2) of
23    this subsection (a), excluding parking violations, when
24    the driver holds a CLP or CDL, regardless of the type of
25    vehicle in which the violation occurred, or when any driver
26    committed the violation in a commercial motor vehicle as

 

 

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1    defined in Section 6-500 of this Code.
2        (3) Whenever an order is entered vacating the
3    forfeiture of any bail, security or bond given to secure
4    appearance for any offense under this Code or similar
5    offenses under municipal ordinance, it shall be the duty of
6    the clerk of the court in which such vacation was had or
7    the judge of such court if such court has no clerk, within
8    5 days thereafter to forward to the Secretary of State a
9    report of the vacation.
10        (4) A report of any disposition of court supervision
11    for a violation of Sections 6-303, 11-401, 11-501 or a
12    similar provision of a local ordinance, 11-503, 11-504, and
13    11-506 of this Code, Section 5-7 of the Snowmobile
14    Registration and Safety Act, and Section 5-16 of the Boat
15    Registration and Safety Act shall be forwarded to the
16    Secretary of State. A report of any disposition of court
17    supervision for a violation of an offense defined as a
18    serious traffic violation in this Code or a similar
19    provision of a local ordinance committed by a person under
20    the age of 21 years shall be forwarded to the Secretary of
21    State.
22        (5) Reports of conviction under this Code and
23    sentencing hearings under the Juvenile Court Act of 1987 in
24    an electronic format or a computer processable processible
25    medium shall be forwarded to the Secretary of State via the
26    Supreme Court in the form and format required by the

 

 

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1    Illinois Supreme Court and established by a written
2    agreement between the Supreme Court and the Secretary of
3    State. In counties with a population over 300,000, instead
4    of forwarding reports to the Supreme Court, reports of
5    conviction under this Code and sentencing hearings under
6    the Juvenile Court Act of 1987 in an electronic format or a
7    computer processable processible medium may be forwarded
8    to the Secretary of State by the Circuit Court Clerk in a
9    form and format required by the Secretary of State and
10    established by written agreement between the Circuit Court
11    Clerk and the Secretary of State. Failure to forward the
12    reports of conviction or sentencing hearing under the
13    Juvenile Court Act of 1987 as required by this Section
14    shall be deemed an omission of duty and it shall be the
15    duty of the several State's Attorneys to enforce the
16    requirements of this Section.
17    (b) Whenever a restricted driving permit is forwarded to a
18court, as a result of confiscation by a police officer pursuant
19to the authority in Section 6-113(f), it shall be the duty of
20the clerk, or judge, if the court has no clerk, to forward such
21restricted driving permit and a facsimile of the officer's
22citation to the Secretary of State as expeditiously as
23practicable.
24    (c) For the purposes of this Code, a forfeiture of bail or
25collateral deposited to secure a defendant's appearance in
26court when forfeiture has not been vacated, or the failure of a

 

 

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1defendant to appear for trial after depositing his driver's
2license in lieu of other bail, shall be equivalent to a
3conviction.
4    (d) For the purpose of providing the Secretary of State
5with records necessary to properly monitor and assess driver
6performance and assist the courts in the proper disposition of
7repeat traffic law offenders, the clerk of the court shall
8forward to the Secretary of State, on a form prescribed by the
9Secretary, records of a driver's participation in a driver
10remedial or rehabilitative program which was required, through
11a court order or court supervision, in relation to the driver's
12arrest for a violation of Section 11-501 of this Code or a
13similar provision of a local ordinance. The clerk of the court
14shall also forward to the Secretary, either on paper or in an
15electronic format or a computer processable processible medium
16as required under paragraph (5) of subsection (a) of this
17Section, any disposition of court supervision for any traffic
18violation, excluding those offenses listed in paragraph (2) of
19subsection (a) of this Section. These reports shall be sent
20within 5 days after disposition, or, if the driver is referred
21to a driver remedial or rehabilitative program, within 5 days
22of the driver's referral to that program. These reports
23received by the Secretary of State, including those required to
24be forwarded under paragraph (a)(4), shall be privileged
25information, available only (i) to the affected driver, (ii) to
26the parent or guardian of a person under the age of 18 years

 

 

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1holding an instruction permit or a graduated driver's license,
2and (iii) for use by the courts, police officers, prosecuting
3authorities, the Secretary of State, and the driver licensing
4administrator of any other state. In accordance with 49 C.F.R.
5Part 384, all reports of court supervision, except violations
6related to parking, shall be forwarded to the Secretary of
7State for all holders of a CLP or CDL or any driver who commits
8an offense while driving a commercial motor vehicle. These
9reports shall be recorded to the driver's record as a
10conviction for use in the disqualification of the driver's
11commercial motor vehicle privileges and shall not be privileged
12information.
13(Source: P.A. 100-74, eff. 8-11-17.)
 
14    (625 ILCS 5/6-205)
15    Sec. 6-205. Mandatory revocation of license or permit;
16hardship cases.
17    (a) Except as provided in this Section, the Secretary of
18State shall immediately revoke the license, permit, or driving
19privileges of any driver upon receiving a report of the
20driver's conviction of any of the following offenses:
21        1. Reckless homicide resulting from the operation of a
22    motor vehicle;
23        2. Violation of Section 11-501 of this Code or a
24    similar provision of a local ordinance relating to the
25    offense of operating or being in physical control of a

 

 

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1    vehicle while under the influence of alcohol, other drug or
2    drugs, intoxicating compound or compounds, or any
3    combination thereof;
4        3. Any felony under the laws of any State or the
5    federal government in the commission of which a motor
6    vehicle was used;
7        4. Violation of Section 11-401 of this Code relating to
8    the offense of leaving the scene of a traffic accident
9    involving death or personal injury;
10        5. Perjury or the making of a false affidavit or
11    statement under oath to the Secretary of State under this
12    Code or under any other law relating to the ownership or
13    operation of motor vehicles;
14        6. Conviction upon 3 charges of violation of Section
15    11-503 of this Code relating to the offense of reckless
16    driving committed within a period of 12 months;
17        7. Conviction of any offense defined in Section 4-102
18    of this Code if the person exercised actual physical
19    control over the vehicle during the commission of the
20    offense;
21        8. Violation of Section 11-504 of this Code relating to
22    the offense of drag racing;
23        9. Violation of Chapters 8 and 9 of this Code;
24        10. Violation of Section 12-5 of the Criminal Code of
25    1961 or the Criminal Code of 2012 arising from the use of a
26    motor vehicle;

 

 

SB2411 Engrossed- 21 -LRB100 17944 LNS 33128 b

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

 

 

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1    reduced by requesting an administrative hearing with the
2    Secretary of State prior to the projected driver's license
3    application eligibility date;
4        17. Violation of subsection (a-2) of Section 11-1301.3
5    of this Code or a similar provision of a local ordinance;
6        18. A second or subsequent conviction of illegal
7    possession, while operating or in actual physical control,
8    as a driver, of a motor vehicle, of any controlled
9    substance prohibited under the Illinois Controlled
10    Substances Act, any cannabis prohibited under the Cannabis
11    Control Act, or any methamphetamine prohibited under the
12    Methamphetamine Control and Community Protection Act. A
13    defendant found guilty of this offense while operating a
14    motor vehicle shall have an entry made in the court record
15    by the presiding judge that this offense did occur while
16    the defendant was operating a motor vehicle and order the
17    clerk of the court to report the violation to the Secretary
18    of State;
19        19. Violation of subsection (a) of Section 11-1414 of
20    this Code, or a similar provision of a local ordinance,
21    relating to the offense of overtaking or passing of a
22    school bus when the driver, in committing the violation, is
23    involved in a motor vehicle accident that results in death
24    to another and the violation is a proximate cause of the
25    death.
26    (b) The Secretary of State shall also immediately revoke

 

 

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1the license or permit of any driver in the following
2situations:
3        1. Of any minor upon receiving the notice provided for
4    in Section 5-901 of the Juvenile Court Act of 1987 that the
5    minor has been adjudicated under that Act as having
6    committed an offense relating to motor vehicles prescribed
7    in Section 4-103 of this Code;
8        2. Of any person when any other law of this State
9    requires either the revocation or suspension of a license
10    or permit;
11        3. Of any person adjudicated under the Juvenile Court
12    Act of 1987 based on an offense determined to have been
13    committed in furtherance of the criminal activities of an
14    organized gang as provided in Section 5-710 of that Act,
15    and that involved the operation or use of a motor vehicle
16    or the use of a driver's license or permit. The revocation
17    shall remain in effect for the period determined by the
18    court.
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 persons with
11disabilities who do not hold driving privileges and are living
12in the petitioner's household to and from daycare; if the
13petitioner is 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.
20    (1.5) A person subject to the provisions of paragraph 4 of
21subsection (b) of Section 6-208 of this Code may make
22application for a restricted driving permit at a hearing
23conducted under Section 2-118 of this Code after the expiration
24of 5 years from the effective date of the most recent
25revocation, or after 5 years from the date of release from a
26period of imprisonment resulting from a conviction of the most

 

 

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1recent offense, whichever is later, provided the person, in
2addition to all other requirements of the Secretary, shows by
3clear and convincing evidence:
4        (A) a minimum of 3 years of uninterrupted abstinence
5    from alcohol and the unlawful use or consumption of
6    cannabis under the Cannabis Control Act, a controlled
7    substance under the Illinois Controlled Substances Act, an
8    intoxicating compound under the Use of Intoxicating
9    Compounds Act, or methamphetamine under the
10    Methamphetamine Control and Community Protection Act; and
11        (B) the successful completion of any rehabilitative
12    treatment and involvement in any ongoing rehabilitative
13    activity that may be recommended by a properly licensed
14    service provider according to an assessment of the person's
15    alcohol or drug use under Section 11-501.01 of this Code.
16    In determining whether an applicant is eligible for a
17restricted driving permit under this paragraph (1.5), the
18Secretary may consider any relevant evidence, including, but
19not limited to, testimony, affidavits, records, and the results
20of regular alcohol or drug tests. Persons subject to the
21provisions of paragraph 4 of subsection (b) of Section 6-208 of
22this Code and who have been convicted of more than one
23violation of paragraph (3), paragraph (4), or paragraph (5) of
24subsection (a) of Section 11-501 of this Code shall not be
25eligible to apply for a restricted driving permit.
26    A restricted driving permit issued under this paragraph

 

 

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1(1.5) shall provide that the holder may only operate motor
2vehicles equipped with an ignition interlock device as required
3under paragraph (2) of subsection (c) of this Section and
4subparagraph (A) of paragraph 3 of subsection (c) of Section
56-206 of this Code. The Secretary may revoke a restricted
6driving permit or amend the conditions of a restricted driving
7permit issued under this paragraph (1.5) if the holder operates
8a vehicle that is not equipped with an ignition interlock
9device, or for any other reason authorized under this Code.
10    A restricted driving permit issued under this paragraph
11(1.5) shall be revoked, and the holder barred from applying for
12or being issued a restricted driving permit in the future, if
13the holder is subsequently convicted of a violation of Section
1411-501 of this Code, a similar provision of a local ordinance,
15or a similar offense in another state.
16    (2) If a person's license or permit is revoked or suspended
17due to 2 or more convictions of violating Section 11-501 of
18this Code or a similar provision of a local ordinance or a
19similar out-of-state offense, or Section 9-3 of the Criminal
20Code of 1961 or the Criminal Code of 2012, where the use of
21alcohol or other drugs is recited as an element of the offense,
22or a similar out-of-state offense, or a combination of these
23offenses, arising out of separate occurrences, that person, if
24issued a restricted driving permit, may not operate a vehicle
25unless it has been equipped with an ignition interlock device
26as defined in Section 1-129.1.

 

 

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

 

 

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1DUI Administration Fund an amount not to exceed $30 per month.
2The Secretary shall establish by rule the amount and the
3procedures, terms, and conditions relating to these fees.
4    (5) If the restricted driving permit is issued for
5employment purposes, then the prohibition against operating a
6motor vehicle that is not equipped with an ignition interlock
7device does not apply to the operation of an occupational
8vehicle owned or leased by that person's employer when used
9solely for employment purposes. For any person who, within a
105-year period, is convicted of a second or subsequent offense
11under Section 11-501 of this Code, or a similar provision of a
12local ordinance or similar out-of-state offense, this
13employment exemption does not apply until either a one-year
14period has elapsed during which that person had his or her
15driving privileges revoked or a one-year period has elapsed
16during which that person had a restricted driving permit which
17required the use of an ignition interlock device on every motor
18vehicle owned or operated by that person.
19    (6) In each case the Secretary of State may issue a
20restricted driving permit for a period he deems appropriate,
21except that the permit shall expire within one year from the
22date of issuance. A restricted driving permit issued under this
23Section shall be subject to cancellation, revocation, and
24suspension by the Secretary of State in like manner and for
25like cause as a driver's license issued under this Code may be
26cancelled, revoked, or suspended; except that a conviction upon

 

 

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1one or more offenses against laws or ordinances regulating the
2movement of traffic shall be deemed sufficient cause for the
3revocation, suspension, or cancellation of a restricted
4driving permit. The Secretary of State may, as a condition to
5the issuance of a restricted driving permit, require the
6petitioner to participate in a designated driver remedial or
7rehabilitative program. The Secretary of State is authorized to
8cancel a restricted driving permit if the permit holder does
9not successfully complete the program. However, if an
10individual's driving privileges have been revoked in
11accordance with paragraph 13 of subsection (a) of this Section,
12no restricted driving permit shall be issued until the
13individual has served 6 months of the revocation period.
14    (c-5) (Blank).
15    (c-6) If a person is convicted of a second violation of
16operating a motor vehicle while the person's driver's license,
17permit or privilege was revoked, where the revocation was for a
18violation of Section 9-3 of the Criminal Code of 1961 or the
19Criminal Code of 2012 relating to the offense of reckless
20homicide or a similar out-of-state offense, the person's
21driving privileges shall be revoked pursuant to subdivision
22(a)(15) of this Section. The person may not make application
23for a license or permit until the expiration of five years from
24the effective date of the revocation or the expiration of five
25years from the date of release from a term of imprisonment,
26whichever is later.

 

 

SB2411 Engrossed- 30 -LRB100 17944 LNS 33128 b

1    (c-7) If a person is convicted of a third or subsequent
2violation of operating a motor vehicle while the person's
3driver's license, permit or privilege was revoked, where the
4revocation was for a violation of Section 9-3 of the Criminal
5Code of 1961 or the Criminal Code of 2012 relating to the
6offense of reckless homicide or a similar out-of-state offense,
7the person may never apply for a license or permit.
8    (d)(1) Whenever a person under the age of 21 is convicted
9under Section 11-501 of this Code or a similar provision of a
10local ordinance or a similar out-of-state offense, the
11Secretary of State shall revoke the driving privileges of that
12person. One year after the date of revocation, and upon
13application, the Secretary of State may, if satisfied that the
14person applying will not endanger the public safety or welfare,
15issue a restricted driving permit granting the privilege of
16driving a motor vehicle only between the hours of 5 a.m. and 9
17p.m. or as otherwise provided by this Section for a period of
18one year. After this one-year period, and upon reapplication
19for a license as provided in Section 6-106, upon payment of the
20appropriate reinstatement fee provided under paragraph (b) of
21Section 6-118, the Secretary of State, in his discretion, may
22reinstate the petitioner's driver's license and driving
23privileges, or extend the restricted driving permit as many
24times as the Secretary of State deems appropriate, by
25additional periods of not more than 12 months each.
26        (2) If a person's license or permit is revoked or

 

 

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

 

 

SB2411 Engrossed- 32 -LRB100 17944 LNS 33128 b

1    device as defined in Section 1-129.1.
2        (3.5) If a person's license or permit is revoked or
3    suspended due to a conviction for a violation of
4    subparagraph (C) or (F) of paragraph (1) of subsection (d)
5    of Section 11-501 of this Code, or a similar provision of a
6    local ordinance or similar out-of-state offense, that
7    person, if issued a restricted driving permit, may not
8    operate a vehicle unless it has been equipped with an
9    ignition interlock device as defined in Section 1-129.1.
10        (4) The person issued a permit conditioned upon the use
11    of an interlock device must pay to the Secretary of State
12    DUI Administration Fund an amount not to exceed $30 per
13    month. The Secretary shall establish by rule the amount and
14    the procedures, terms, and conditions relating to these
15    fees.
16        (5) If the restricted driving permit is issued for
17    employment purposes, then the prohibition against driving
18    a vehicle that is not equipped with an ignition interlock
19    device does not apply to the operation of an occupational
20    vehicle owned or leased by that person's employer when used
21    solely for employment purposes. For any person who, within
22    a 5-year period, is convicted of a second or subsequent
23    offense under Section 11-501 of this Code, or a similar
24    provision of a local ordinance or similar out-of-state
25    offense, this employment exemption does not apply until
26    either a one-year period has elapsed during which that

 

 

SB2411 Engrossed- 33 -LRB100 17944 LNS 33128 b

1    person had his or her driving privileges revoked or a
2    one-year period has elapsed during which that person had a
3    restricted driving permit which required the use of an
4    ignition interlock device on every motor vehicle owned or
5    operated by that person.
6        (6) A restricted driving permit issued under this
7    Section shall be subject to cancellation, revocation, and
8    suspension by the Secretary of State in like manner and for
9    like cause as a driver's license issued under this Code may
10    be cancelled, revoked, or suspended; except that a
11    conviction upon one or more offenses against laws or
12    ordinances regulating the movement of traffic shall be
13    deemed sufficient cause for the revocation, suspension, or
14    cancellation of a restricted driving permit.
15    (d-5) The revocation of the license, permit, or driving
16privileges of a person convicted of a third or subsequent
17violation of Section 6-303 of this Code committed while his or
18her driver's license, permit, or privilege was revoked because
19of a violation of Section 9-3 of the Criminal Code of 1961 or
20the Criminal Code of 2012, relating to the offense of reckless
21homicide, or a similar provision of a law of another state, is
22permanent. The Secretary may not, at any time, issue a license
23or permit to that person.
24    (e) This Section is subject to the provisions of the Driver
25License Compact.
26    (f) Any revocation imposed upon any person under

 

 

SB2411 Engrossed- 34 -LRB100 17944 LNS 33128 b

1subsections 2 and 3 of paragraph (b) that is in effect on
2December 31, 1988 shall be converted to a suspension for a like
3period of time.
4    (g) The Secretary of State shall not issue a restricted
5driving permit to a person under the age of 16 years whose
6driving privileges have been revoked under any provisions of
7this Code.
8    (h) The Secretary of State shall require the use of
9ignition interlock devices for a period not less than 5 years
10on all vehicles owned by a person who has been convicted of a
11second or subsequent offense under Section 11-501 of this Code
12or a similar provision of a local ordinance. The person must
13pay to the Secretary of State DUI Administration Fund an amount
14not to exceed $30 for each month that he or she uses the
15device. The Secretary shall establish by rule and regulation
16the procedures for certification and use of the interlock
17system, the amount of the fee, and the procedures, terms, and
18conditions relating to these fees. During the time period in
19which a person is required to install an ignition interlock
20device under this subsection (h), that person shall only
21operate vehicles in which ignition interlock devices have been
22installed, except as allowed by subdivision (c)(5) or (d)(5) of
23this Section.
24    (i) (Blank).
25    (j) In accordance with 49 C.F.R. 384, the Secretary of
26State may not issue a restricted driving permit for the

 

 

SB2411 Engrossed- 35 -LRB100 17944 LNS 33128 b

1operation of a commercial motor vehicle to a person holding a
2CDL whose driving privileges have been revoked, suspended,
3cancelled, or disqualified under any provisions of this Code.
4    (k) The Secretary of State shall notify by mail any person
5whose driving privileges have been revoked under paragraph 16
6of subsection (a) of this Section that his or her driving
7privileges and driver's license will be revoked 90 days from
8the date of the mailing of the notice.
9(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
1099-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
1199-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16;
12100-223, eff. 8-18-17.)
 
13    (625 ILCS 5/6-206)
14    Sec. 6-206. Discretionary authority to suspend or revoke
15license or permit; right to a hearing.
16    (a) The Secretary of State is authorized to suspend or
17revoke the driving privileges of any person without preliminary
18hearing upon a showing of the person's records or other
19sufficient evidence that the person:
20        1. Has committed an offense for which mandatory
21    revocation of a driver's license or permit is required upon
22    conviction;
23        2. Has been convicted of not less than 3 offenses
24    against traffic regulations governing the movement of
25    vehicles committed within any 12 month period. No

 

 

SB2411 Engrossed- 36 -LRB100 17944 LNS 33128 b

1    revocation or suspension shall be entered more than 6
2    months after the date of last conviction;
3        3. Has been repeatedly involved as a driver in motor
4    vehicle collisions or has been repeatedly convicted of
5    offenses against laws and ordinances regulating the
6    movement of traffic, to a degree that indicates lack of
7    ability to exercise ordinary and reasonable care in the
8    safe operation of a motor vehicle or disrespect for the
9    traffic laws and the safety of other persons upon the
10    highway;
11        4. Has by the unlawful operation of a motor vehicle
12    caused or contributed to an accident resulting in injury
13    requiring immediate professional treatment in a medical
14    facility or doctor's office to any person, except that any
15    suspension or revocation imposed by the Secretary of State
16    under the provisions of this subsection shall start no
17    later than 6 months after being convicted of violating a
18    law or ordinance regulating the movement of traffic, which
19    violation is related to the accident, or shall start not
20    more than one year after the date of the accident,
21    whichever date occurs later;
22        5. Has permitted an unlawful or fraudulent use of a
23    driver's license, identification card, or permit;
24        6. Has been lawfully convicted of an offense or
25    offenses in another state, including the authorization
26    contained in Section 6-203.1, which if committed within

 

 

SB2411 Engrossed- 37 -LRB100 17944 LNS 33128 b

1    this State would be grounds for suspension or revocation;
2        7. Has refused or failed to submit to an examination
3    provided for by Section 6-207 or has failed to pass the
4    examination;
5        8. Is ineligible for a driver's license or permit under
6    the provisions of Section 6-103;
7        9. Has made a false statement or knowingly concealed a
8    material fact or has used false information or
9    identification in any application for a license,
10    identification card, or permit;
11        10. Has possessed, displayed, or attempted to
12    fraudulently use any license, identification card, or
13    permit not issued to the person;
14        11. Has operated a motor vehicle upon a highway of this
15    State when the person's driving privilege or privilege to
16    obtain a driver's license or permit was revoked or
17    suspended unless the operation was authorized by a
18    monitoring device driving permit, judicial driving permit
19    issued prior to January 1, 2009, probationary license to
20    drive, or a restricted driving permit issued under this
21    Code;
22        12. Has submitted to any portion of the application
23    process for another person or has obtained the services of
24    another person to submit to any portion of the application
25    process for the purpose of obtaining a license,
26    identification card, or permit for some other person;

 

 

SB2411 Engrossed- 38 -LRB100 17944 LNS 33128 b

1        13. Has operated a motor vehicle upon a highway of this
2    State when the person's driver's license or permit was
3    invalid under the provisions of Sections 6-107.1 and 6-110;
4        14. Has committed a violation of Section 6-301,
5    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
6    14B of the Illinois Identification Card Act;
7        15. Has been convicted of violating Section 21-2 of the
8    Criminal Code of 1961 or the Criminal Code of 2012 relating
9    to criminal trespass to vehicles if the person exercised
10    actual physical control over the vehicle during the
11    commission of the offense, in which case, the suspension
12    shall be for one year;
13        16. Has been convicted of violating Section 11-204 of
14    this Code relating to fleeing from a peace officer;
15        17. Has refused to submit to a test, or tests, as
16    required under Section 11-501.1 of this Code and the person
17    has not sought a hearing as provided for in Section
18    11-501.1;
19        18. (Blank); Has, since issuance of a driver's license
20    or permit, been adjudged to be afflicted with or suffering
21    from any mental disability or disease;
22        19. Has committed a violation of paragraph (a) or (b)
23    of Section 6-101 relating to driving without a driver's
24    license;
25        20. Has been convicted of violating Section 6-104
26    relating to classification of driver's license;

 

 

SB2411 Engrossed- 39 -LRB100 17944 LNS 33128 b

1        21. Has been convicted of violating Section 11-402 of
2    this Code relating to leaving the scene of an accident
3    resulting in damage to a vehicle in excess of $1,000, in
4    which case the suspension shall be for one year;
5        22. Has used a motor vehicle in violating paragraph
6    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
7    the Criminal Code of 1961 or the Criminal Code of 2012
8    relating to unlawful use of weapons, in which case the
9    suspension shall be for one year;
10        23. Has, as a driver, been convicted of committing a
11    violation of paragraph (a) of Section 11-502 of this Code
12    for a second or subsequent time within one year of a
13    similar violation;
14        24. Has been convicted by a court-martial or punished
15    by non-judicial punishment by military authorities of the
16    United States at a military installation in Illinois or in
17    another state of or for a traffic related offense that is
18    the same as or similar to an offense specified under
19    Section 6-205 or 6-206 of this Code;
20        25. Has permitted any form of identification to be used
21    by another in the application process in order to obtain or
22    attempt to obtain a license, identification card, or
23    permit;
24        26. Has altered or attempted to alter a license or has
25    possessed an altered license, identification card, or
26    permit;

 

 

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1        27. (Blank); Has violated Section 6-16 of the Liquor
2    Control Act of 1934;
3        28. Has been convicted for a first time of the illegal
4    possession, while operating or in actual physical control,
5    as a driver, of a motor vehicle, of any controlled
6    substance prohibited under the Illinois Controlled
7    Substances Act, any cannabis prohibited under the Cannabis
8    Control Act, or any methamphetamine prohibited under the
9    Methamphetamine Control and Community Protection Act, in
10    which case the person's driving privileges shall be
11    suspended for one year. Any defendant found guilty of this
12    offense while operating a motor vehicle, shall have an
13    entry made in the court record by the presiding judge that
14    this offense did occur while the defendant was operating a
15    motor vehicle and order the clerk of the court to report
16    the violation to the Secretary of State;
17        29. Has been convicted of the following offenses that
18    were committed while the person was operating or in actual
19    physical control, as a driver, of a motor vehicle: criminal
20    sexual assault, predatory criminal sexual assault of a
21    child, aggravated criminal sexual assault, criminal sexual
22    abuse, aggravated criminal sexual abuse, juvenile pimping,
23    soliciting for a juvenile prostitute, promoting juvenile
24    prostitution as described in subdivision (a)(1), (a)(2),
25    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
26    or the Criminal Code of 2012, and the manufacture, sale or

 

 

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1    delivery of controlled substances or instruments used for
2    illegal drug use or abuse in which case the driver's
3    driving privileges shall be suspended for one year;
4        30. Has been convicted a second or subsequent time for
5    any combination of the offenses named in paragraph 29 of
6    this subsection, in which case the person's driving
7    privileges shall be suspended for 5 years;
8        31. Has refused to submit to a test as required by
9    Section 11-501.6 of this Code or Section 5-16c of the Boat
10    Registration and Safety Act or has submitted to a test
11    resulting in an alcohol concentration of 0.08 or more or
12    any amount of a drug, substance, or compound resulting from
13    the unlawful use or consumption of cannabis as listed in
14    the Cannabis Control Act, a controlled substance as listed
15    in the Illinois Controlled Substances Act, an intoxicating
16    compound as listed in the Use of Intoxicating Compounds
17    Act, or methamphetamine as listed in the Methamphetamine
18    Control and Community Protection Act, in which case the
19    penalty shall be as prescribed in Section 6-208.1;
20        32. Has been convicted of Section 24-1.2 of the
21    Criminal Code of 1961 or the Criminal Code of 2012 relating
22    to the aggravated discharge of a firearm if the offender
23    was located in a motor vehicle at the time the firearm was
24    discharged, in which case the suspension shall be for 3
25    years;
26        33. Has as a driver, who was less than 21 years of age

 

 

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1    on the date of the offense, been convicted a first time of
2    a violation of paragraph (a) of Section 11-502 of this Code
3    or a similar provision of a local ordinance;
4        34. Has committed a violation of Section 11-1301.5 of
5    this Code or a similar provision of a local ordinance;
6        35. Has committed a violation of Section 11-1301.6 of
7    this Code or a similar provision of a local ordinance;
8        36. Is under the age of 21 years at the time of arrest
9    and has been convicted of not less than 2 offenses against
10    traffic regulations governing the movement of vehicles
11    committed within any 24 month period. No revocation or
12    suspension shall be entered more than 6 months after the
13    date of last conviction;
14        37. Has committed a violation of subsection (c) of
15    Section 11-907 of this Code that resulted in damage to the
16    property of another or the death or injury of another;
17        38. Has been convicted of a violation of Section 6-20
18    of the Liquor Control Act of 1934 or a similar provision of
19    a local ordinance and the person was an occupant of a motor
20    vehicle at the time of the violation;
21        39. Has committed a second or subsequent violation of
22    Section 11-1201 of this Code;
23        40. Has committed a violation of subsection (a-1) of
24    Section 11-908 of this Code;
25        41. Has committed a second or subsequent violation of
26    Section 11-605.1 of this Code, a similar provision of a

 

 

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1    local ordinance, or a similar violation in any other state
2    within 2 years of the date of the previous violation, in
3    which case the suspension shall be for 90 days;
4        42. Has committed a violation of subsection (a-1) of
5    Section 11-1301.3 of this Code or a similar provision of a
6    local ordinance;
7        43. Has received a disposition of court supervision for
8    a violation of subsection (a), (d), or (e) of Section 6-20
9    of the Liquor Control Act of 1934 or a similar provision of
10    a local ordinance and the person was an occupant of a motor
11    vehicle at the time of the violation, in which case the
12    suspension shall be for a period of 3 months;
13        44. Is under the age of 21 years at the time of arrest
14    and has been convicted of an offense against traffic
15    regulations governing the movement of vehicles after
16    having previously had his or her driving privileges
17    suspended or revoked pursuant to subparagraph 36 of this
18    Section;
19        45. Has, in connection with or during the course of a
20    formal hearing conducted under Section 2-118 of this Code:
21    (i) committed perjury; (ii) submitted fraudulent or
22    falsified documents; (iii) submitted documents that have
23    been materially altered; or (iv) submitted, as his or her
24    own, documents that were in fact prepared or composed for
25    another person;
26        46. Has committed a violation of subsection (j) of

 

 

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1    Section 3-413 of this Code;
2        47. Has committed a violation of subsection (a) of
3    Section 11-502.1 of this Code; or
4        48. Has submitted a falsified or altered medical
5    examiner's certificate to the Secretary of State or
6    provided false information to obtain a medical examiner's
7    certificate.
8    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
9and 27 of this subsection, license means any driver's license,
10any traffic ticket issued when the person's driver's license is
11deposited in lieu of bail, a suspension notice issued by the
12Secretary of State, a duplicate or corrected driver's license,
13a probationary driver's license or a temporary driver's
14license.
15    (b) If any conviction forming the basis of a suspension or
16revocation authorized under this Section is appealed, the
17Secretary of State may rescind or withhold the entry of the
18order of suspension or revocation, as the case may be, provided
19that a certified copy of a stay order of a court is filed with
20the Secretary of State. If the conviction is affirmed on
21appeal, the date of the conviction shall relate back to the
22time the original judgment of conviction was entered and the 6
23month limitation prescribed shall not apply.
24    (c) 1. Upon suspending or revoking the driver's license or
25permit of any person as authorized in this Section, the
26Secretary of State shall immediately notify the person in

 

 

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

 

 

SB2411 Engrossed- 46 -LRB100 17944 LNS 33128 b

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

 

 

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1rehabilitative activity recommended by a licensed service
2provider, or to allow the petitioner to transport himself or
3herself or a family member of the petitioner's household to
4classes, as a student, at an accredited educational
5institution, or to allow the petitioner to transport children,
6elderly persons, or persons with disabilities who do not hold
7driving privileges and are living in the petitioner's household
8to and from daycare. The petitioner must demonstrate that no
9alternative means of transportation is reasonably available
10and that the petitioner will not endanger the public safety or
11welfare.
12        (A) If a person's license or permit is revoked or
13    suspended due to 2 or more convictions of violating Section
14    11-501 of this Code or a similar provision of a local
15    ordinance or a similar out-of-state offense, or Section 9-3
16    of the Criminal Code of 1961 or the Criminal Code of 2012,
17    where the use of alcohol or other drugs is recited as an
18    element of the offense, or a similar out-of-state offense,
19    or a combination of these offenses, arising out of separate
20    occurrences, that person, if issued a restricted driving
21    permit, may not operate a vehicle unless it has been
22    equipped with an ignition interlock device as defined in
23    Section 1-129.1.
24        (B) If a person's license or permit is revoked or
25    suspended 2 or more times due to any combination of:
26            (i) a single conviction of violating Section

 

 

SB2411 Engrossed- 48 -LRB100 17944 LNS 33128 b

1        11-501 of this Code or a similar provision of a local
2        ordinance or a similar out-of-state offense or Section
3        9-3 of the Criminal Code of 1961 or the Criminal Code
4        of 2012, where the use of alcohol or other drugs is
5        recited as an element of the offense, or a similar
6        out-of-state offense; or
7            (ii) a statutory summary suspension or revocation
8        under Section 11-501.1; or
9            (iii) a suspension under 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        (B-5) If a person's license or permit is revoked or
15    suspended due to a conviction for a violation of
16    subparagraph (C) or (F) of paragraph (1) of subsection (d)
17    of Section 11-501 of this Code, or a similar provision of a
18    local ordinance or similar out-of-state offense, that
19    person, if issued a restricted driving permit, may not
20    operate a vehicle unless it has been equipped with an
21    ignition interlock device as defined in Section 1-129.1.
22        (C) The person issued a permit conditioned upon the use
23    of an ignition interlock device must pay to the Secretary
24    of State DUI Administration Fund an amount not to exceed
25    $30 per month. The Secretary shall establish by rule the
26    amount and the procedures, terms, and conditions relating

 

 

SB2411 Engrossed- 49 -LRB100 17944 LNS 33128 b

1    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 operation
6    of an occupational vehicle owned or leased by that person's
7    employer when used solely for employment purposes. For any
8    person who, within a 5-year period, is convicted of a
9    second or subsequent offense under Section 11-501 of this
10    Code, or a similar provision of a local ordinance or
11    similar out-of-state offense, this employment exemption
12    does not apply until either a one-year period has elapsed
13    during which that person had his or her driving privileges
14    revoked or a one-year period has elapsed during which that
15    person had a restricted driving permit which required the
16    use of an ignition interlock device on every motor vehicle
17    owned or operated by that person.
18        (E) In each case the Secretary may issue a restricted
19    driving permit for a period deemed appropriate, except that
20    all permits shall expire within one year from the date of
21    issuance. A restricted driving permit issued under this
22    Section shall be subject to cancellation, revocation, and
23    suspension by the Secretary of State in like manner and for
24    like cause as a driver's license issued under this Code may
25    be cancelled, revoked, or suspended; except that a
26    conviction upon one or more offenses against laws or

 

 

SB2411 Engrossed- 50 -LRB100 17944 LNS 33128 b

1    ordinances regulating the movement of traffic shall be
2    deemed sufficient cause for the revocation, suspension, or
3    cancellation of a restricted driving permit. The Secretary
4    of State may, as a condition to the issuance of a
5    restricted driving permit, require the applicant to
6    participate in a designated driver remedial or
7    rehabilitative program. The Secretary of State is
8    authorized to cancel a restricted driving permit if the
9    permit holder does not successfully complete the program.
10        (F) A person subject to the provisions of paragraph 4
11    of subsection (b) of Section 6-208 of this Code may make
12    application for a restricted driving permit at a hearing
13    conducted under Section 2-118 of this Code after the
14    expiration of 5 years from the effective date of the most
15    recent revocation or after 5 years from the date of release
16    from a period of imprisonment resulting from a conviction
17    of the most recent offense, whichever is later, provided
18    the person, in addition to all other requirements of the
19    Secretary, shows by clear and convincing evidence:
20            (i) a minimum of 3 years of uninterrupted
21        abstinence from alcohol and the unlawful use or
22        consumption of cannabis under the Cannabis Control
23        Act, a controlled substance under the Illinois
24        Controlled Substances Act, an intoxicating compound
25        under the Use of Intoxicating Compounds Act, or
26        methamphetamine under the Methamphetamine Control and

 

 

SB2411 Engrossed- 51 -LRB100 17944 LNS 33128 b

1        Community Protection Act; and
2            (ii) the successful completion of any
3        rehabilitative treatment and involvement in any
4        ongoing rehabilitative activity that may be
5        recommended by a properly licensed service provider
6        according to an assessment of the person's alcohol or
7        drug use under Section 11-501.01 of this Code.
8        In determining whether an applicant is eligible for a
9    restricted driving permit under this subparagraph (F), the
10    Secretary may consider any relevant evidence, including,
11    but not limited to, testimony, affidavits, records, and the
12    results of regular alcohol or drug tests. Persons subject
13    to the provisions of paragraph 4 of subsection (b) of
14    Section 6-208 of this Code and who have been convicted of
15    more than one violation of paragraph (3), paragraph (4), or
16    paragraph (5) of subsection (a) of Section 11-501 of this
17    Code shall not be eligible to apply for a restricted
18    driving permit under this subparagraph (F).
19        A restricted driving permit issued under this
20    subparagraph (F) shall provide that the holder may only
21    operate motor vehicles equipped with an ignition interlock
22    device as required under paragraph (2) of subsection (c) of
23    Section 6-205 of this Code and subparagraph (A) of
24    paragraph 3 of subsection (c) of this Section. The
25    Secretary may revoke a restricted driving permit or amend
26    the conditions of a restricted driving permit issued under

 

 

SB2411 Engrossed- 52 -LRB100 17944 LNS 33128 b

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

 

 

SB2411 Engrossed- 53 -LRB100 17944 LNS 33128 b

1will be suspended one month after the date of the mailing of
2the notice.
3    (c-5) The Secretary of State may, as a condition of the
4reissuance of a driver's license or permit to an applicant
5whose driver's license or permit has been suspended before he
6or she reached the age of 21 years pursuant to any of the
7provisions of this Section, require the applicant to
8participate in a driver remedial education course and be
9retested under Section 6-109 of this Code.
10    (d) This Section is subject to the provisions of the
11Drivers License Compact.
12    (e) The Secretary of State shall not issue a restricted
13driving permit to a person under the age of 16 years whose
14driving privileges have been suspended or revoked under any
15provisions of this Code.
16    (f) In accordance with 49 C.F.R. 384, the Secretary of
17State may not issue a restricted driving permit for the
18operation of a commercial motor vehicle to a person holding a
19CDL whose driving privileges have been suspended, revoked,
20cancelled, or disqualified under any provisions of this Code.
21(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
22eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
2399-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
2499-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
 
25    (625 ILCS 5/6-209.1 new)

 

 

SB2411 Engrossed- 54 -LRB100 17944 LNS 33128 b

1    Sec. 6-209.1. Restoration of driving privileges; right to
2hearing.
3    (a) The Secretary shall rescind the suspension or
4cancellation of a person's driver's license that has been
5suspended or cancelled prior to the effective date of this
6amendatory Act of the 100th General Assembly due to:
7        (1) the person being convicted of theft of motor fuel
8    under Sections 16-25 or 16K-15 of the Criminal Code of 1961
9    or the Criminal Code of 2012;
10        (2) the person, since the issuance of the driver's
11    license, being adjudged to be afflicted with or suffering
12    from any mental disability or disease;
13        (3) a violation of Section 6-16 of the Liquor Control
14    Act of 1934 or a similar provision of a local ordinance;
15        (4) the person being convicted of a violation of
16    Section 6-20 of the Liquor Control Act of 1934 or a similar
17    provision of a local ordinance, if the person presents a
18    certified copy of a court order that includes a finding
19    that the person was not an occupant of a motor vehicle at
20    the time of the violation;
21        (5) the person receiving a disposition of court
22    supervision for a violation of subsections (a), (d), or (e)
23    of Section 6-20 of the Liquor Control Act of 1934 or a
24    similar provision of a local ordinance, if the person
25    presents a certified copy of a court order that includes a
26    finding that the person was not an occupant of a motor

 

 

SB2411 Engrossed- 55 -LRB100 17944 LNS 33128 b

1    vehicle at the time of the violation;
2        (6) the person failing to satisfy any fine or penalty
3    resulting from a final order issued by the Authority
4    relating directly or indirectly to 5 or more toll
5    violations, toll evasions, or both;
6        (7) the person being convicted of a violation of
7    Section 4-102 of this Code, if the person presents a
8    certified copy of a court order that includes a finding
9    that the person did not exercise actual physical control of
10    the vehicle at the time of the violation; or
11        (8) the person being convicted of criminal trespass to
12    vehicles under Section 21-2 of the Criminal Code of 2012,
13    if the person presents a certified copy of a court order
14    that includes a finding that the person did not exercise
15    actual physical control of the vehicle at the time of the
16    violation.
17    (b) In the case of a license that has been suspended before
18the effective date of this amendatory Act of the 100th General
19Assembly due to the person failing to pay any fine or penalty
20due or owing as a result of 10 or more violations of a
21municipality's or county's vehicular standing, parking, or
22compliance regulations established by ordinance under Section
2311-208.3, the municipality or county shall, within 90 days
24after the effective date of this amendatory Act of the 100th
25General Assembly, provide the person with notice that the
26person has a right to a hearing under Section 11-208.3a. The

 

 

SB2411 Engrossed- 56 -LRB100 17944 LNS 33128 b

1notice shall be sent by first class United States mail, postage
2prepaid, to the address of the registered owner or lessee of
3the cited vehicle as recorded with the Secretary of State or
4the lessor of the motor vehicle or, if any notice to that
5address is returned as undeliverable or unclaimed, by first
6class mail to the last known address recorded in a United
7States Post Office approved database.
 
8    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
9    Sec. 6-306.5. Failure to pay fine or penalty for standing,
10parking, compliance, automated speed enforcement system, or
11automated traffic law violations; suspension of driving
12privileges.
13    (a) Upon receipt of a certified report, as prescribed by
14subsection (c) of this Section, from any municipality or county
15stating that the owner of a registered vehicle: (1) has failed
16to pay any fine or penalty due and owing as a result of 10 or
17more violations of a municipality's or county's vehicular
18standing, parking, or compliance regulations established by
19ordinance pursuant to Section 11-208.3 of this Code, (2) has
20failed to pay any fine or penalty due and owing as a result of 5
21offenses for automated speed enforcement system violations or
22automated traffic violations as defined in Sections 11-208.6,
2311-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
24(3) is more than 14 days in default of a payment plan pursuant
25to which a suspension had been terminated under subsection (c)

 

 

SB2411 Engrossed- 57 -LRB100 17944 LNS 33128 b

1of this Section, the Secretary of State shall suspend the
2driving privileges of such person in accordance with the
3procedures set forth in this Section. The Secretary shall also
4suspend the driving privileges of an owner of a registered
5vehicle upon receipt of a certified report, as prescribed by
6subsection (f) of this Section, from any municipality or county
7stating that such person has failed to satisfy any fines or
8penalties imposed by final judgments for 5 or more automated
9speed enforcement system or automated traffic law violations,
10or combination thereof, or 10 or more violations of local
11standing, parking, or compliance regulations after exhaustion
12of administrative and judicial review procedures.
13    (b) Following receipt of the certified report of the
14municipality or county as specified in this Section, the
15Secretary of State shall notify the person whose name appears
16on the certified report that the person's driver's drivers
17license will be suspended at the end of a specified period of
18time unless the Secretary of State is presented with a notice
19from the municipality or county certifying that the fine or
20penalty due and owing the municipality or county has been paid
21or that inclusion of that person's name on the certified report
22was in error. The Secretary's notice shall state in substance
23the information contained in the municipality's or county's
24certified report to the Secretary, and shall be effective as
25specified by subsection (c) of Section 6-211 of this Code.
26    (c) The report of the appropriate municipal or county

 

 

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

 

 

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1    address to which such notice was sent. In a municipality or
2    county with a population of 1,000,000 or more, the report
3    shall also include a statement that the alleged violator's
4    State vehicle registration number and vehicle make, if
5    specified on the automated speed enforcement system
6    violation or automated traffic law violation notice, are
7    correct as they appear on the citations.
8        (4) A unique identifying reference number for each
9    request of suspension sent whenever a person has failed to
10    pay the fine or penalty or has defaulted on a payment plan.
11    (d) Any municipality or county making a certified report to
12the Secretary of State pursuant to this Section shall notify
13the Secretary of State, in a form prescribed by the Secretary,
14whenever a person named in the certified report has paid the
15previously reported fine or penalty, whenever a person named in
16the certified report has entered into a payment plan pursuant
17to which the municipality or county has agreed to terminate the
18suspension, or whenever the municipality or county determines
19that the original report was in error. A certified copy of such
20notification shall also be given upon request and at no
21additional charge to the person named therein. Upon receipt of
22the municipality's or county's notification or presentation of
23a certified copy of such notification, the Secretary of State
24shall terminate the suspension.
25    (e) Any municipality or county making a certified report to
26the Secretary of State pursuant to this Section shall also by

 

 

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1ordinance establish procedures for persons to challenge the
2accuracy of the certified report. The ordinance shall also
3state the grounds for such a challenge, which may be limited to
4(1) the person not having been the owner or lessee of the
5vehicle or vehicles receiving 10 or more standing, parking, or
6compliance violation notices or a combination of 5 or more
7automated speed enforcement system or automated traffic law
8violations on the date or dates such notices were issued; and
9(2) the person having already paid the fine or penalty for the
1010 or more standing, parking, or compliance violations or
11combination of 5 or more automated speed enforcement system or
12automated traffic law violations indicated on the certified
13report.
14    (f) Any municipality or county, other than a municipality
15or county establishing vehicular standing, parking, and
16compliance regulations pursuant to Section 11-208.3, automated
17speed enforcement system regulations under Section 11-208.8,
18or automated traffic law regulations under Section 11-208.6,
1911-208.9, or 11-1201.1, may also cause a suspension of a
20person's driver's drivers license pursuant to this Section.
21Such municipality or county may invoke this sanction by making
22a certified report to the Secretary of State upon a person's
23failure to satisfy any fine or penalty imposed by final
24judgment for 10 or more violations of local standing, parking,
25or compliance regulations or a combination of 5 or more
26automated speed enforcement system or automated traffic law

 

 

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1violations after exhaustion of judicial review procedures, but
2only if:
3        (1) the municipality or county complies with the
4    provisions of this Section in all respects except in regard
5    to enacting an ordinance pursuant to Section 11-208.3;
6        (2) the municipality or county has sent a notice of
7    impending driver's drivers license suspension as
8    prescribed by an ordinance enacted pursuant to subsection
9    (g) of this Section; and
10        (3) in municipalities or counties with a population of
11    1,000,000 or more, the municipality or county has verified
12    that the alleged violator's State vehicle registration
13    number and vehicle make are correct as they appear on the
14    citations; and
15        (4) in the case of final judgment for 10 or more
16    violations of local standing, parking, or compliance
17    regulations, the municipality or county first conducts a
18    hearing in accordance with Section 11-208.3a.
19    (g) Any municipality or county, other than a municipality
20or county establishing standing, parking, and compliance
21regulations pursuant to Section 11-208.3, automated speed
22enforcement system regulations under Section 11-208.8, or
23automated traffic law regulations under Section 11-208.6,
2411-208.9, or 11-1201.1, may provide by ordinance for the
25sending of a notice of impending driver's drivers license
26suspension to the person who has failed to satisfy any fine or

 

 

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

 

 

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1report, including but not limited to the costs of providing the
2notice required pursuant to subsection (b) and the costs
3incurred by the Secretary in any hearing conducted with respect
4to the report pursuant to this subsection and any appeal from
5such a hearing.
6    (i) The provisions of this Section shall apply on and after
7January 1, 1988.
8    (j) For purposes of this Section, the term "compliance
9violation" is defined as in Section 11-208.3.
10(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
1198-556, eff. 1-1-14.)
 
12    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
13    Sec. 11-208.3. Administrative adjudication of violations
14of traffic regulations concerning the standing, parking, or
15condition of vehicles, automated traffic law violations, and
16automated speed enforcement system violations.
17    (a) Any municipality or county may provide by ordinance for
18a system of administrative adjudication of vehicular standing
19and parking violations and vehicle compliance violations as
20described in this subsection, automated traffic law violations
21as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
22automated speed enforcement system violations as defined in
23Section 11-208.8. The administrative system shall have as its
24purpose the fair and efficient enforcement of municipal or
25county regulations through the administrative adjudication of

 

 

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1automated speed enforcement system or automated traffic law
2violations and violations of municipal or county ordinances
3regulating the standing and parking of vehicles, the condition
4and use of vehicle equipment, and the display of municipal or
5county wheel tax licenses within the municipality's or county's
6borders. The administrative system shall only have authority to
7adjudicate civil offenses carrying fines not in excess of $500
8or requiring the completion of a traffic education program, or
9both, that occur after the effective date of the ordinance
10adopting such a system under this Section. For purposes of this
11Section, "compliance violation" means a violation of a
12municipal or county regulation governing the condition or use
13of equipment on a vehicle or governing the display of a
14municipal or county wheel tax license.
15    (b) Any ordinance establishing a system of administrative
16adjudication under this Section shall provide for:
17        (1) A traffic compliance administrator authorized to
18    adopt, distribute and process parking, compliance, and
19    automated speed enforcement system or automated traffic
20    law violation notices and other notices required by this
21    Section, collect money paid as fines and penalties for
22    violation of parking and compliance ordinances and
23    automated speed enforcement system or automated traffic
24    law violations, and operate an administrative adjudication
25    system. The traffic compliance administrator also may make
26    a certified report to the Secretary of State under Section

 

 

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1    6-306.5.
2        (2) A parking, standing, compliance, automated speed
3    enforcement system, or automated traffic law violation
4    notice that shall specify the date, time, and place of
5    violation of a parking, standing, compliance, automated
6    speed enforcement system, or automated traffic law
7    regulation; the particular regulation violated; any
8    requirement to complete a traffic education program; the
9    fine and any penalty that may be assessed for late payment
10    or failure to complete a required traffic education
11    program, or both, when so provided by ordinance; the
12    vehicle make and state registration number; and the
13    identification number of the person issuing the notice.
14    With regard to automated speed enforcement system or
15    automated traffic law violations, vehicle make shall be
16    specified on the automated speed enforcement system or
17    automated traffic law violation notice if the make is
18    available and readily discernible. With regard to
19    municipalities or counties with a population of 1 million
20    or more, it shall be grounds for dismissal of a parking
21    violation if the state registration number or vehicle make
22    specified is incorrect. The violation notice shall state
23    that the completion of any required traffic education
24    program, the payment of any indicated fine, and the payment
25    of any applicable penalty for late payment or failure to
26    complete a required traffic education program, or both,

 

 

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1    shall operate as a final disposition of the violation. The
2    notice also shall contain information as to the
3    availability of a hearing in which the violation may be
4    contested on its merits. The violation notice shall specify
5    the time and manner in which a hearing may be had.
6        (3) Service of the parking, standing, or compliance
7    violation notice by affixing the original or a facsimile of
8    the notice to an unlawfully parked vehicle or by handing
9    the notice to the operator of a vehicle if he or she is
10    present and service of an automated speed enforcement
11    system or automated traffic law violation notice by mail to
12    the address of the registered owner or lessee of the cited
13    vehicle as recorded with the Secretary of State or the
14    lessor of the motor vehicle within 30 days after the
15    Secretary of State or the lessor of the motor vehicle
16    notifies the municipality or county of the identity of the
17    owner or lessee of the vehicle, but not later than 90 days
18    after the violation, except that in the case of a lessee of
19    a motor vehicle, service of an automated traffic law
20    violation notice may occur no later than 210 days after the
21    violation. A person authorized by ordinance to issue and
22    serve parking, standing, and compliance violation notices
23    shall certify as to the correctness of the facts entered on
24    the violation notice by signing his or her name to the
25    notice at the time of service or in the case of a notice
26    produced by a computerized device, by signing a single

 

 

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1    certificate to be kept by the traffic compliance
2    administrator attesting to the correctness of all notices
3    produced by the device while it was under his or her
4    control. In the case of an automated traffic law violation,
5    the ordinance shall require a determination by a technician
6    employed or contracted by the municipality or county that,
7    based on inspection of recorded images, the motor vehicle
8    was being operated in violation of Section 11-208.6,
9    11-208.9, or 11-1201.1 or a local ordinance. If the
10    technician determines that the vehicle entered the
11    intersection as part of a funeral procession or in order to
12    yield the right-of-way to an emergency vehicle, a citation
13    shall not be issued. In municipalities with a population of
14    less than 1,000,000 inhabitants and counties with a
15    population of less than 3,000,000 inhabitants, the
16    automated traffic law ordinance shall require that all
17    determinations by a technician that a motor vehicle was
18    being operated in violation of Section 11-208.6, 11-208.9,
19    or 11-1201.1 or a local ordinance must be reviewed and
20    approved by a law enforcement officer or retired law
21    enforcement officer of the municipality or county issuing
22    the violation. In municipalities with a population of
23    1,000,000 or more inhabitants and counties with a
24    population of 3,000,000 or more inhabitants, the automated
25    traffic law ordinance shall require that all
26    determinations by a technician that a motor vehicle was

 

 

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

 

 

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1    reviewing technician who is not employed by the contractor
2    who employs the technician who made the initial
3    determination. Routine and independent calibration of the
4    speeds produced by automated speed enforcement systems and
5    equipment shall be conducted annually by a qualified
6    technician. Speeds produced by an automated speed
7    enforcement system shall be compared with speeds produced
8    by lidar or other independent equipment. Radar or lidar
9    equipment shall undergo an internal validation test no less
10    frequently than once each week. Qualified technicians
11    shall test loop based equipment no less frequently than
12    once a year. Radar equipment shall be checked for accuracy
13    by a qualified technician when the unit is serviced, when
14    unusual or suspect readings persist, or when deemed
15    necessary by a reviewing technician. Radar equipment shall
16    be checked with the internal frequency generator and the
17    internal circuit test whenever the radar is turned on.
18    Technicians must be alert for any unusual or suspect
19    readings, and if unusual or suspect readings of a radar
20    unit persist, that unit shall immediately be removed from
21    service and not returned to service until it has been
22    checked by a qualified technician and determined to be
23    functioning properly. Documentation of the annual
24    calibration results, including the equipment tested, test
25    date, technician performing the test, and test results,
26    shall be maintained and available for use in the

 

 

SB2411 Engrossed- 70 -LRB100 17944 LNS 33128 b

1    determination of an automated speed enforcement system
2    violation and issuance of a citation. The technician
3    performing the calibration and testing of the automated
4    speed enforcement equipment shall be trained and certified
5    in the use of equipment for speed enforcement purposes.
6    Training on the speed enforcement equipment may be
7    conducted by law enforcement, civilian, or manufacturer's
8    personnel and if applicable may be equivalent to the
9    equipment use and operations training included in the Speed
10    Measuring Device Operator Program developed by the
11    National Highway Traffic Safety Administration (NHTSA).
12    The vendor or technician who performs the work shall keep
13    accurate records on each piece of equipment the technician
14    calibrates and tests. As used in this paragraph,
15    "fully-trained reviewing technician" means a person who
16    has received at least 40 hours of supervised training in
17    subjects which shall include image inspection and
18    interpretation, the elements necessary to prove a
19    violation, license plate identification, and traffic
20    safety and management. In all municipalities and counties,
21    the automated speed enforcement system or automated
22    traffic law ordinance shall require that no additional fee
23    shall be charged to the alleged violator for exercising his
24    or her right to an administrative hearing, and persons
25    shall be given at least 25 days following an administrative
26    hearing to pay any civil penalty imposed by a finding that

 

 

SB2411 Engrossed- 71 -LRB100 17944 LNS 33128 b

1    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
2    similar local ordinance has been violated. The original or
3    a facsimile of the violation notice or, in the case of a
4    notice produced by a computerized device, a printed record
5    generated by the device showing the facts entered on the
6    notice, shall be retained by the traffic compliance
7    administrator, and shall be a record kept in the ordinary
8    course of business. A parking, standing, compliance,
9    automated speed enforcement system, or automated traffic
10    law violation notice issued, signed and served in
11    accordance with this Section, a copy of the notice, or the
12    computer generated record shall be prima facie correct and
13    shall be prima facie evidence of the correctness of the
14    facts shown on the notice. The notice, copy, or computer
15    generated record shall be admissible in any subsequent
16    administrative or legal proceedings.
17        (4) An opportunity for a hearing for the registered
18    owner of the vehicle cited in the parking, standing,
19    compliance, automated speed enforcement system, or
20    automated traffic law violation notice in which the owner
21    may contest the merits of the alleged violation, and during
22    which formal or technical rules of evidence shall not
23    apply; provided, however, that under Section 11-1306 of
24    this Code the lessee of a vehicle cited in the violation
25    notice likewise shall be provided an opportunity for a
26    hearing of the same kind afforded the registered owner. The

 

 

SB2411 Engrossed- 72 -LRB100 17944 LNS 33128 b

1    hearings shall be recorded, and the person conducting the
2    hearing on behalf of the traffic compliance administrator
3    shall be empowered to administer oaths and to secure by
4    subpoena both the attendance and testimony of witnesses and
5    the production of relevant books and papers. Persons
6    appearing at a hearing under this Section may be
7    represented by counsel at their expense. The ordinance may
8    also provide for internal administrative review following
9    the decision of the hearing officer.
10        (5) Service of additional notices, sent by first class
11    United States mail, postage prepaid, to the address of the
12    registered owner of the cited vehicle as recorded with the
13    Secretary of State or, if any notice to that address is
14    returned as undeliverable, to the last known address
15    recorded in a United States Post Office approved database,
16    or, under Section 11-1306 or subsection (p) of Section
17    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
18    of this Code, to the lessee of the cited vehicle at the
19    last address known to the lessor of the cited vehicle at
20    the time of lease or, if any notice to that address is
21    returned as undeliverable, to the last known address
22    recorded in a United States Post Office approved database.
23    The service shall be deemed complete as of the date of
24    deposit in the United States mail. The notices shall be in
25    the following sequence and shall include but not be limited
26    to the information specified herein:

 

 

SB2411 Engrossed- 73 -LRB100 17944 LNS 33128 b

1            (i) A second notice of parking, standing, or
2        compliance violation. This notice shall specify the
3        date and location of the violation cited in the
4        parking, standing, or compliance violation notice, the
5        particular regulation violated, the vehicle make and
6        state registration number, any requirement to complete
7        a traffic education program, the fine and any penalty
8        that may be assessed for late payment or failure to
9        complete a traffic education program, or both, when so
10        provided by ordinance, the availability of a hearing in
11        which the violation may be contested on its merits, and
12        the time and manner in which the hearing may be had.
13        The notice of violation shall also state that failure
14        to complete a required traffic education program, to
15        pay the indicated fine and any applicable penalty, or
16        to appear at a hearing on the merits in the time and
17        manner specified, will result in a final determination
18        of violation liability for the cited violation in the
19        amount of the fine or penalty indicated, and that, upon
20        the occurrence of a final determination of violation
21        liability for the failure, and the exhaustion of, or
22        failure to exhaust, available administrative or
23        judicial procedures for review, any incomplete traffic
24        education program or any unpaid fine or penalty, or
25        both, will constitute a debt due and owing the
26        municipality or county.

 

 

SB2411 Engrossed- 74 -LRB100 17944 LNS 33128 b

1            (ii) A notice of final determination of parking,
2        standing, compliance, automated speed enforcement
3        system, or automated traffic law violation liability.
4        This notice shall be sent following a final
5        determination of parking, standing, compliance,
6        automated speed enforcement system, or automated
7        traffic law violation liability and the conclusion of
8        judicial review procedures taken under this Section.
9        The notice shall state that the incomplete traffic
10        education program or the unpaid fine or penalty, or
11        both, is a debt due and owing the municipality or
12        county. The notice shall contain warnings that failure
13        to complete any required traffic education program or
14        to pay any fine or penalty due and owing the
15        municipality or county, or both, within the time
16        specified may result in the municipality's or county's
17        filing of a petition in the Circuit Court to have the
18        incomplete traffic education program or unpaid fine or
19        penalty, or both, rendered a judgment as provided by
20        this Section, or, where applicable, may result in
21        suspension of the person's driver's drivers license
22        for failure to complete a traffic education program or
23        to pay fines or penalties, or both, for 10 or more
24        parking violations under Section 6-306.5, or a
25        combination of 5 or more automated traffic law
26        violations under Section 11-208.6 or 11-208.9 or

 

 

SB2411 Engrossed- 75 -LRB100 17944 LNS 33128 b

1        automated speed enforcement system violations under
2        Section 11-208.8.
3        (6) A notice of impending driver's drivers license
4    suspension. This notice shall be sent to the person liable
5    for failure to complete a required traffic education
6    program or to pay any fine or penalty that remains due and
7    owing, or both, on 10 or more parking violations or
8    combination of 5 or more unpaid automated speed enforcement
9    system or automated traffic law violations. The notice
10    shall state that failure to complete a required traffic
11    education program or to pay the fine or penalty owing, or
12    both, within 45 days of the notice's date will result in
13    the municipality or county notifying the Secretary of State
14    that the person is eligible for initiation of suspension
15    proceedings under Section 6-306.5 of this Code. The notice
16    shall also state that the person may obtain a photostatic
17    copy of an original ticket imposing a fine or penalty by
18    sending a self addressed, stamped envelope to the
19    municipality or county along with a request for the
20    photostatic copy. The notice of impending driver's drivers
21    license suspension shall be sent by first class United
22    States mail, postage prepaid, to the address recorded with
23    the Secretary of State or, if any notice to that address is
24    returned as undeliverable, to the last known address
25    recorded in a United States Post Office approved database.
26        (6.5) In the case of a notice of impending driver's

 

 

SB2411 Engrossed- 76 -LRB100 17944 LNS 33128 b

1    license suspension issued under subsection (6) of this
2    Section for failure to pay any fine or penalty due and
3    owing on 10 or more violations of local standing, parking,
4    or compliance regulations, an additional notice that the
5    individual subject to the driver's license suspension has
6    the right to request a hearing under Section 11-208.3a of
7    this Code for the purpose of determining whether the
8    individual cannot pay the fines or penalties because he or
9    she is indigent or has a limited income.
10            (A) The notice shall be in substantially the
11        following form:
 
12             "NOTICE OF YOUR RIGHT TO A PRE-SUSPENSION HEARING
13            Your driver's license is at risk of being suspended
14        on (date of possible suspension) because you have
15        failed to pay fines and/or penalties due and owing on
16        10 or more violations of local standing, parking, or
17        compliance regulations to (Name of municipality or
18        county). These violations include:
19            [list of all fines or penalties for violations of a
20        municipality's or county's vehicular standing,
21        parking, or compliance regulations leading to the
22        proposed suspension]
23            You have the right to request a hearing to
24        determine whether you are unable to pay the fines or
25        penalties because of a financial hardship. If the

 

 

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

 

 

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1        (7) Final determinations of violation liability. A
2    final determination of violation liability shall occur
3    following failure to complete the required traffic
4    education program or to pay the fine or penalty, or both,
5    after a hearing officer's determination of violation
6    liability and the exhaustion of or failure to exhaust any
7    administrative review procedures provided by ordinance.
8    Where a person fails to appear at a hearing to contest the
9    alleged violation in the time and manner specified in a
10    prior mailed notice, the hearing officer's determination
11    of violation liability shall become final: (A) upon denial
12    of a timely petition to set aside that determination, or
13    (B) upon expiration of the period for filing the petition
14    without a filing having been made.
15        (8) A petition to set aside a determination of parking,
16    standing, compliance, automated speed enforcement system,
17    or automated traffic law violation liability that may be
18    filed by a person owing an unpaid fine or penalty. A
19    petition to set aside a determination of liability may also
20    be filed by a person required to complete a traffic
21    education program. The petition shall be filed with and
22    ruled upon by the traffic compliance administrator in the
23    manner and within the time specified by ordinance. The
24    grounds for the petition may be limited to: (A) the person
25    not having been the owner or lessee of the cited vehicle on

 

 

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1    the date the violation notice was issued, (B) the person
2    having already completed the required traffic education
3    program or paid the fine or penalty, or both, for the
4    violation in question, and (C) excusable failure to appear
5    at or request a new date for a hearing. With regard to
6    municipalities or counties with a population of 1 million
7    or more, it shall be grounds for dismissal of a parking
8    violation if the state registration number, or vehicle make
9    if specified, is incorrect. After the determination of
10    parking, standing, compliance, automated speed enforcement
11    system, or automated traffic law violation liability has
12    been set aside upon a showing of just cause, the registered
13    owner shall be provided with a hearing on the merits for
14    that violation.
15        (9) Procedures for non-residents. Procedures by which
16    persons who are not residents of the municipality or county
17    may contest the merits of the alleged violation without
18    attending a hearing.
19        (10) A schedule of civil fines for violations of
20    vehicular standing, parking, compliance, automated speed
21    enforcement system, or automated traffic law regulations
22    enacted by ordinance pursuant to this Section, and a
23    schedule of penalties for late payment of the fines or
24    failure to complete required traffic education programs,
25    provided, however, that the total amount of the fine and
26    penalty for any one violation shall not exceed $250, except

 

 

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1    as provided in subsection (c) of Section 11-1301.3 of this
2    Code.
3        (11) Other provisions as are necessary and proper to
4    carry into effect the powers granted and purposes stated in
5    this Section.
6    (c) Any municipality or county establishing vehicular
7standing, parking, compliance, automated speed enforcement
8system, or automated traffic law regulations under this Section
9may also provide by ordinance for a program of vehicle
10immobilization for the purpose of facilitating enforcement of
11those regulations. The program of vehicle immobilization shall
12provide for immobilizing any eligible vehicle upon the public
13way by presence of a restraint in a manner to prevent operation
14of the vehicle. Any ordinance establishing a program of vehicle
15immobilization under this Section shall provide:
16        (1) Criteria for the designation of vehicles eligible
17    for immobilization. A vehicle shall be eligible for
18    immobilization when the registered owner of the vehicle has
19    accumulated the number of incomplete traffic education
20    programs or unpaid final determinations of parking,
21    standing, compliance, automated speed enforcement system,
22    or automated traffic law violation liability, or both, as
23    determined by ordinance.
24        (2) A notice of impending vehicle immobilization and a
25    right to a hearing to challenge the validity of the notice
26    by disproving liability for the incomplete traffic

 

 

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1    education programs or unpaid final determinations of
2    parking, standing, compliance, automated speed enforcement
3    system, or automated traffic law violation liability, or
4    both, listed on the notice.
5        (3) The right to a prompt hearing after a vehicle has
6    been immobilized or subsequently towed without the
7    completion of the required traffic education program or
8    payment of the outstanding fines and penalties on parking,
9    standing, compliance, automated speed enforcement system,
10    or automated traffic law violations, or both, for which
11    final determinations have been issued. An order issued
12    after the hearing is a final administrative decision within
13    the meaning of Section 3-101 of the Code of Civil
14    Procedure.
15        (4) A post immobilization and post-towing notice
16    advising the registered owner of the vehicle of the right
17    to a hearing to challenge the validity of the impoundment.
18    (d) Judicial review of final determinations of parking,
19standing, compliance, automated speed enforcement system, or
20automated traffic law violations and final administrative
21decisions issued after hearings regarding vehicle
22immobilization and impoundment made under this Section shall be
23subject to the provisions of the Administrative Review Law.
24    (e) Any fine, penalty, incomplete traffic education
25program, or part of any fine or any penalty remaining unpaid
26after the exhaustion of, or the failure to exhaust,

 

 

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1administrative remedies created under this Section and the
2conclusion of any judicial review procedures shall be a debt
3due and owing the municipality or county and, as such, may be
4collected in accordance with applicable law. Completion of any
5required traffic education program and payment in full of any
6fine or penalty resulting from a standing, parking, compliance,
7automated speed enforcement system, or automated traffic law
8violation shall constitute a final disposition of that
9violation.
10    (f) After the expiration of the period within which
11judicial review may be sought for a final determination of
12parking, standing, compliance, automated speed enforcement
13system, or automated traffic law violation, the municipality or
14county may commence a proceeding in the Circuit Court for
15purposes of obtaining a judgment on the final determination of
16violation. Nothing in this Section shall prevent a municipality
17or county from consolidating multiple final determinations of
18parking, standing, compliance, automated speed enforcement
19system, or automated traffic law violations against a person in
20a proceeding. Upon commencement of the action, the municipality
21or county shall file a certified copy or record of the final
22determination of parking, standing, compliance, automated
23speed enforcement system, or automated traffic law violation,
24which shall be accompanied by a certification that recites
25facts sufficient to show that the final determination of
26violation was issued in accordance with this Section and the

 

 

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1applicable municipal or county ordinance. Service of the
2summons and a copy of the petition may be by any method
3provided by Section 2-203 of the Code of Civil Procedure or by
4certified mail, return receipt requested, provided that the
5total amount of fines and penalties for final determinations of
6parking, standing, compliance, automated speed enforcement
7system, or automated traffic law violations does not exceed
8$2500. If the court is satisfied that the final determination
9of parking, standing, compliance, automated speed enforcement
10system, or automated traffic law violation was entered in
11accordance with the requirements of this Section and the
12applicable municipal or county ordinance, and that the
13registered owner or the lessee, as the case may be, had an
14opportunity for an administrative hearing and for judicial
15review as provided in this Section, the court shall render
16judgment in favor of the municipality or county and against the
17registered owner or the lessee for the amount indicated in the
18final determination of parking, standing, compliance,
19automated speed enforcement system, or automated traffic law
20violation, plus costs. The judgment shall have the same effect
21and may be enforced in the same manner as other judgments for
22the recovery of money.
23    (g) The fee for participating in a traffic education
24program under this Section shall not exceed $25.
25    A low-income individual required to complete a traffic
26education program under this Section who provides proof of

 

 

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

 

 

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1            (A) at the hearing, a hearing officer may determine
2        whether the individual failed to pay the fines or
3        penalties due and owing because of financial hardship;
4            (B) if the hearing officer determines that the
5        individual failed to pay the fines or penalties due and
6        owing because of financial hardship, then the hearing
7        officer shall determine an amount, if any, that the
8        individual can afford in a payment plan;
9            (C) at the hearing, the individual may: (I) provide
10        information that he or she is unable to pay the amount
11        due and owing; (II) provide evidence that the
12        municipality or county is relying on inaccurate
13        information; or (III) otherwise provide a defense to
14        the suspension;
15            (D) the individual should bring documents that
16        show the individual's income, including pay stubs, tax
17        returns, and any documents that show that he or she is
18        participating in a program for low-income individuals,
19        such as the Supplemental Nutrition Assistance Program
20        or Medicaid;
21        (4) provide the date, time, and location of the
22    hearing; and
23        (5) include information about how to request a new
24    hearing date if the individual cannot attend the hearing.
25    Except in the case of an emergency, a request by an
26individual for a new hearing date shall be made no fewer than 3

 

 

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1days before the scheduled hearing.
2    Notice shall be served by first class United States mail,
3postage prepaid, to the address of the registered owner or
4lessee of the cited vehicle as recorded with the Secretary of
5State or the lessor of the motor vehicle or, if any notice to
6that address is returned as undeliverable or unclaimed, by
7first class mail to the last known address recorded in a United
8States Post Office approved database.
9    (b) The hearing officer shall make a determination
10concerning the individual's ability to pay.
11        (1) An individual is indigent if he or she:
12            (A) has a household income of 200% or less than the
13        Federal Poverty Level; or
14            (B) participates in any of the following programs:
15        Supplemental Security Income; Social Security
16        Disability Income; the Special Supplemental Nutrition
17        Program for Women, Infants and Children; Aid to the
18        Aged, Blind, and Disabled; Temporary Assistance for
19        Needy Families; Unemployment Insurance Benefits;
20        Medicaid; Supplemental Nutrition Assistance Program;
21        General Assistance; Transitional Assistance; or State
22        Children and Family Assistance.
23        (2) An individual has a limited income if:
24            (A) his or her household income is more than 200%
25        but less than 400% of Federal Poverty Level; or
26            (B) the hearing officer determines that the

 

 

SB2411 Engrossed- 87 -LRB100 17944 LNS 33128 b

1        individual cannot pay fines or penalties without using
2        money that normally would pay for the common
3        necessities of life of the individual and his or her
4        family.
5    (c) An individual may demonstrate that he or she is
6indigent or of limited income by providing any of the
7following:
8        (1) proof of income from a pay stub, bank statement,
9    tax return, rent, or other evidence of earnings;
10        (2) eligibility cards or electronic benefit cards or
11    other documents that show participation in a public
12    benefits program described in subdivision (c)(1)(B); or
13        (3) an attestation, made under penalty of perjury, of
14    the individual's indigent status.
15    (d) A hearing officer may continue a hearing as needed to
16allow the individual to present additional information or
17enable the hearing officer to make additional determinations.
18    (e) In the case of an indigent individual, unless the
19hearing officer determines that a payment plan of any amount
20would cause the individual hardship, the hearing officer shall
21establish a monthly payment plan of the greater of $1 or 0.5%
22of the individual's average monthly income. The payment plan
23shall continue until the earlier of:
24        (1) 60 months of payments on the plan; or
25        (2) the individual has satisfied the amount due and
26    owing.

 

 

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1    After the earlier of item (1) or (2) of this subsection
2takes place, the fines or penalties shall be deemed to be
3satisfied.
4    (f) In the case of a limited income individual, unless the
5hearing officer determines that a payment plan of any amount
6would cause the individual hardship, the hearing officer shall
7establish a monthly payment plan of no more than 5% of the
8individual's average monthly income. The payment plan shall
9continue until the earlier of:
10        (1) 60 months of payments on the plan; or
11        (2) the individual has satisfied the amount due and
12    owing.
13    After the earlier of item (1) or (2) of this subsection
14takes place, the fines or penalties shall be deemed to be
15satisfied.
16    (g) If the individual makes timely payments on a payment
17plan ordered under this Section, the municipality or county may
18not pursue other means to collect on the debt. If the
19individual misses a payment, the municipality or county may,
20after providing the individual with 60 days' written notice and
21an opportunity to come current, pursue collection of the debt.
22The municipality or county may not cause the suspension of the
23driver's license of an indigent person as part of the debt
24collection activities of the municipality or county.
25    (h) If the individual does not appear at the pre-suspension
26hearing, the municipality or county shall provide written

 

 

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1notice of the outcome of the hearing by first class mail,
2postage prepaid.
3    (i) An individual whose driver's license is suspended
4because of 10 or more violations of vehicular standing,
5parking, or compliance regulations may request a hearing under
6this Section to determine ability to pay and establish a
7payment plan by submitting a request in writing to the
8municipal or county authority that collects unpaid fines or
9penalties for violations of vehicular standing, parking, or
10compliance regulations. Any notice regarding the suspension of
11a driver's license issued by the municipality or county shall
12inform the individual about how to request a hearing under this
13Section.
14    (j) An individual on a payment plan who has experienced a
15reduction in income may request a hearing under this Section by
16submitting a request in writing to the municipal or county
17authority that collects unpaid fines or penalties for
18violations of vehicular standing, parking, or compliance
19regulations.
20    (k) Nothing in this Section prohibits an individual who is
21not indigent or of limited income from agreeing to a payment
22plan with the municipality or county in order to satisfy the
23financial obligations and avoid suspension of the driver's
24license of the individual.
 
25    (625 ILCS 5/6-205.2 rep.)

 

 

SB2411 Engrossed- 90 -LRB100 17944 LNS 33128 b

1    (625 ILCS 5/6-306.7 rep.)
2    Section 10. The Illinois Vehicle Code is amended by
3repealing Sections 6-205.2 and 6-306.7.
 
4    Section 99. Effective date. This Act takes effect July 1,
52019.