101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3952

 

Introduced 11/12/2019, by Rep. Sue Scherer

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-206

    Amends the Illinois Vehicle Code. Provides that the Secretary of State shall reinstate the driving privileges of a person whose driving privileges were were suspended or revoked under certain circumstances if the person shows the following: (1) the suspension or revocation of the person's driving privileges resulted from an incident in which the person's vision was impaired exclusively by the glare of the sun; (2) the incident would not have occurred but for the impairment of the person's vision by the glare of the sun; (3) there is no evidence that the person was, at the time of the incident, otherwise impaired, distracted, or inattentive in a manner that would constitute a violation of this Code or an ordinance; and (4) other than any offenses for which the person was charged as a result of the incident, the person was not charged with any offense against a law or ordinance regulating the movement of traffic after the accident or in the 12-month period preceding the accident. Effective immediately.


LRB101 15246 TAE 64418 b

 

 

A BILL FOR

 

HB3952LRB101 15246 TAE 64418 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 5. The Illinois Vehicle Code is amended by changing
5Section 6-206 as follows:
 
6    (625 ILCS 5/6-206)
7    (Text of Section before amendment by P.A. 101-90 and
8101-470)
9    Sec. 6-206. Discretionary authority to suspend or revoke
10license or permit; right to a hearing.
11    (a) The Secretary of State is authorized to suspend or
12revoke the driving privileges of any person without preliminary
13hearing upon a showing of the person's records or other
14sufficient evidence that the person:
15        1. Has committed an offense for which mandatory
16    revocation of a driver's license or permit is required upon
17    conviction;
18        2. Has been convicted of not less than 3 offenses
19    against traffic regulations governing the movement of
20    vehicles committed within any 12 month period. No
21    revocation or suspension shall be entered more than 6
22    months after the date of last conviction;
23        3. Has been repeatedly involved as a driver in motor

 

 

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1    vehicle collisions or has been repeatedly convicted of
2    offenses against laws and ordinances regulating the
3    movement of traffic, to a degree that indicates lack of
4    ability to exercise ordinary and reasonable care in the
5    safe operation of a motor vehicle or disrespect for the
6    traffic laws and the safety of other persons upon the
7    highway;
8        4. Has by the unlawful operation of a motor vehicle
9    caused or contributed to an accident resulting in injury
10    requiring immediate professional treatment in a medical
11    facility or doctor's office to any person, except that any
12    suspension or revocation imposed by the Secretary of State
13    under the provisions of this subsection shall start no
14    later than 6 months after being convicted of violating a
15    law or ordinance regulating the movement of traffic, which
16    violation is related to the accident, or shall start not
17    more than one year after the date of the accident,
18    whichever date occurs later;
19        5. Has permitted an unlawful or fraudulent use of a
20    driver's license, identification card, or permit;
21        6. Has been lawfully convicted of an offense or
22    offenses in another state, including the authorization
23    contained in Section 6-203.1, which if committed within
24    this State would be grounds for suspension or revocation;
25        7. Has refused or failed to submit to an examination
26    provided for by Section 6-207 or has failed to pass the

 

 

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1    examination;
2        8. Is ineligible for a driver's license or permit under
3    the provisions of Section 6-103;
4        9. Has made a false statement or knowingly concealed a
5    material fact or has used false information or
6    identification in any application for a license,
7    identification card, or permit;
8        10. Has possessed, displayed, or attempted to
9    fraudulently use any license, identification card, or
10    permit not issued to the person;
11        11. Has operated a motor vehicle upon a highway of this
12    State when the person's driving privilege or privilege to
13    obtain a driver's license or permit was revoked or
14    suspended unless the operation was authorized by a
15    monitoring device driving permit, judicial driving permit
16    issued prior to January 1, 2009, probationary license to
17    drive, or a restricted driving permit issued under this
18    Code;
19        12. Has submitted to any portion of the application
20    process for another person or has obtained the services of
21    another person to submit to any portion of the application
22    process for the purpose of obtaining a license,
23    identification card, or permit for some other person;
24        13. Has operated a motor vehicle upon a highway of this
25    State when the person's driver's license or permit was
26    invalid under the provisions of Sections 6-107.1 and 6-110;

 

 

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1        14. Has committed a violation of Section 6-301,
2    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
3    14B of the Illinois Identification Card Act;
4        15. Has been convicted of violating Section 21-2 of the
5    Criminal Code of 1961 or the Criminal Code of 2012 relating
6    to criminal trespass to vehicles in which case, the
7    suspension shall be for one year;
8        16. Has been convicted of violating Section 11-204 of
9    this Code relating to fleeing from a peace officer;
10        17. Has refused to submit to a test, or tests, as
11    required under Section 11-501.1 of this Code and the person
12    has not sought a hearing as provided for in Section
13    11-501.1;
14        18. Has, since issuance of a driver's license or
15    permit, been adjudged to be afflicted with or suffering
16    from any mental disability or disease;
17        19. Has committed a violation of paragraph (a) or (b)
18    of Section 6-101 relating to driving without a driver's
19    license;
20        20. Has been convicted of violating Section 6-104
21    relating to classification of driver's license;
22        21. Has been convicted of violating Section 11-402 of
23    this Code relating to leaving the scene of an accident
24    resulting in damage to a vehicle in excess of $1,000, in
25    which case the suspension shall be for one year;
26        22. Has used a motor vehicle in violating paragraph

 

 

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1    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
2    the Criminal Code of 1961 or the Criminal Code of 2012
3    relating to unlawful use of weapons, in which case the
4    suspension shall be for one year;
5        23. Has, as a driver, been convicted of committing a
6    violation of paragraph (a) of Section 11-502 of this Code
7    for a second or subsequent time within one year of a
8    similar violation;
9        24. Has been convicted by a court-martial or punished
10    by non-judicial punishment by military authorities of the
11    United States at a military installation in Illinois or in
12    another state of or for a traffic related offense that is
13    the same as or similar to an offense specified under
14    Section 6-205 or 6-206 of this Code;
15        25. Has permitted any form of identification to be used
16    by another in the application process in order to obtain or
17    attempt to obtain a license, identification card, or
18    permit;
19        26. Has altered or attempted to alter a license or has
20    possessed an altered license, identification card, or
21    permit;
22        27. Has violated Section 6-16 of the Liquor Control Act
23    of 1934;
24        28. Has been convicted for a first time of the illegal
25    possession, while operating or in actual physical control,
26    as a driver, of a motor vehicle, of any controlled

 

 

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

 

 

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1    this subsection, in which case the person's driving
2    privileges shall be suspended for 5 years;
3        31. Has refused to submit to a test as required by
4    Section 11-501.6 of this Code or Section 5-16c of the Boat
5    Registration and Safety Act or has submitted to a test
6    resulting in an alcohol concentration of 0.08 or more or
7    any amount of a drug, substance, or compound resulting from
8    the unlawful use or consumption of cannabis as listed in
9    the Cannabis Control Act, a controlled substance as listed
10    in the Illinois Controlled Substances Act, an intoxicating
11    compound as listed in the Use of Intoxicating Compounds
12    Act, or methamphetamine as listed in the Methamphetamine
13    Control and Community Protection Act, in which case the
14    penalty shall be as prescribed in Section 6-208.1;
15        32. Has been convicted of Section 24-1.2 of the
16    Criminal Code of 1961 or the Criminal Code of 2012 relating
17    to the aggravated discharge of a firearm if the offender
18    was located in a motor vehicle at the time the firearm was
19    discharged, in which case the suspension shall be for 3
20    years;
21        33. Has as a driver, who was less than 21 years of age
22    on the date of the offense, been convicted a first time of
23    a violation of paragraph (a) of Section 11-502 of this Code
24    or a similar provision of a local ordinance;
25        34. Has committed a violation of Section 11-1301.5 of
26    this Code or a similar provision of a local ordinance;

 

 

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1        35. Has committed a violation of Section 11-1301.6 of
2    this Code or a similar provision of a local ordinance;
3        36. Is under the age of 21 years at the time of arrest
4    and has been convicted of not less than 2 offenses against
5    traffic regulations governing the movement of vehicles
6    committed within any 24 month period. No revocation or
7    suspension shall be entered more than 6 months after the
8    date of last conviction;
9        37. Has committed a violation of subsection (c) of
10    Section 11-907 of this Code that resulted in damage to the
11    property of another or the death or injury of another;
12        38. Has been convicted of a violation of Section 6-20
13    of the Liquor Control Act of 1934 or a similar provision of
14    a local ordinance;
15        39. Has committed a second or subsequent violation of
16    Section 11-1201 of this Code;
17        40. Has committed a violation of subsection (a-1) of
18    Section 11-908 of this Code;
19        41. Has committed a second or subsequent violation of
20    Section 11-605.1 of this Code, a similar provision of a
21    local ordinance, or a similar violation in any other state
22    within 2 years of the date of the previous violation, in
23    which case the suspension shall be for 90 days;
24        42. Has committed a violation of subsection (a-1) of
25    Section 11-1301.3 of this Code or a similar provision of a
26    local ordinance;

 

 

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1        43. Has received a disposition of court supervision for
2    a violation of subsection (a), (d), or (e) of Section 6-20
3    of the Liquor Control Act of 1934 or a similar provision of
4    a local ordinance, in which case the suspension shall be
5    for a period of 3 months;
6        44. Is under the age of 21 years at the time of arrest
7    and has been convicted of an offense against traffic
8    regulations governing the movement of vehicles after
9    having previously had his or her driving privileges
10    suspended or revoked pursuant to subparagraph 36 of this
11    Section;
12        45. Has, in connection with or during the course of a
13    formal hearing conducted under Section 2-118 of this Code:
14    (i) committed perjury; (ii) submitted fraudulent or
15    falsified documents; (iii) submitted documents that have
16    been materially altered; or (iv) submitted, as his or her
17    own, documents that were in fact prepared or composed for
18    another person;
19        46. Has committed a violation of subsection (j) of
20    Section 3-413 of this Code;
21        47. Has committed a violation of Section 11-502.1 of
22    this Code; or
23        48. Has submitted a falsified or altered medical
24    examiner's certificate to the Secretary of State or
25    provided false information to obtain a medical examiner's
26    certificate.

 

 

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1    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
2and 27 of this subsection, license means any driver's license,
3any traffic ticket issued when the person's driver's license is
4deposited in lieu of bail, a suspension notice issued by the
5Secretary of State, a duplicate or corrected driver's license,
6a probationary driver's license or a temporary driver's
7license.
8    (b) If any conviction forming the basis of a suspension or
9revocation authorized under this Section is appealed, the
10Secretary of State may rescind or withhold the entry of the
11order of suspension or revocation, as the case may be, provided
12that a certified copy of a stay order of a court is filed with
13the Secretary of State. If the conviction is affirmed on
14appeal, the date of the conviction shall relate back to the
15time the original judgment of conviction was entered and the 6
16month limitation prescribed shall not apply.
17    (c) 1. Upon suspending or revoking the driver's license or
18permit of any person as authorized in this Section, the
19Secretary of State shall immediately notify the person in
20writing of the revocation or suspension. The notice to be
21deposited in the United States mail, postage prepaid, to the
22last known address of the person.
23    2. If the Secretary of State suspends the driver's license
24of a person under subsection 2 of paragraph (a) of this
25Section, a person's privilege to operate a vehicle as an
26occupation shall not be suspended, provided an affidavit is

 

 

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1properly completed, the appropriate fee received, and a permit
2issued prior to the effective date of the suspension, unless 5
3offenses were committed, at least 2 of which occurred while
4operating a commercial vehicle in connection with the driver's
5regular occupation. All other driving privileges shall be
6suspended by the Secretary of State. Any driver prior to
7operating a vehicle for occupational purposes only must submit
8the affidavit on forms to be provided by the Secretary of State
9setting forth the facts of the person's occupation. The
10affidavit shall also state the number of offenses committed
11while operating a vehicle in connection with the driver's
12regular occupation. The affidavit shall be accompanied by the
13driver's license. Upon receipt of a properly completed
14affidavit, the Secretary of State shall issue the driver a
15permit to operate a vehicle in connection with the driver's
16regular occupation only. Unless the permit is issued by the
17Secretary of State prior to the date of suspension, the
18privilege to drive any motor vehicle shall be suspended as set
19forth in the notice that was mailed under this Section. If an
20affidavit is received subsequent to the effective date of this
21suspension, a permit may be issued for the remainder of the
22suspension period.
23    The provisions of this subparagraph shall not apply to any
24driver required to possess a CDL for the purpose of operating a
25commercial motor vehicle.
26    Any person who falsely states any fact in the affidavit

 

 

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1required herein shall be guilty of perjury under Section 6-302
2and upon conviction thereof shall have all driving privileges
3revoked without further rights.
4    3. At the conclusion of a hearing under Section 2-118 of
5this Code, the Secretary of State shall either rescind or
6continue an order of revocation or shall substitute an order of
7suspension; or, good cause appearing therefor, rescind,
8continue, change, or extend the order of suspension. If the
9Secretary of State does not rescind the order, the Secretary
10may upon application, to relieve undue hardship (as defined by
11the rules of the Secretary of State), issue a restricted
12driving permit granting the privilege of driving a motor
13vehicle between the petitioner's residence and petitioner's
14place of employment or within the scope of the petitioner's
15employment related duties, or to allow the petitioner to
16transport himself or herself, or a family member of the
17petitioner's household to a medical facility, to receive
18necessary medical care, to allow the petitioner to transport
19himself or herself to and from alcohol or drug remedial or
20rehabilitative activity recommended by a licensed service
21provider, or to allow the petitioner to transport himself or
22herself or a family member of the petitioner's household to
23classes, as a student, at an accredited educational
24institution, or to allow the petitioner to transport children,
25elderly persons, or persons with disabilities who do not hold
26driving privileges and are living in the petitioner's household

 

 

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1to and from daycare. The petitioner must demonstrate that no
2alternative means of transportation is reasonably available
3and that the petitioner will not endanger the public safety or
4welfare.
5        (A) If a person's license or permit is revoked or
6    suspended due to 2 or more convictions of violating Section
7    11-501 of this Code or a similar provision of a local
8    ordinance or a similar out-of-state offense, or Section 9-3
9    of the Criminal Code of 1961 or the Criminal Code of 2012,
10    where the use of alcohol or other drugs is recited as an
11    element of the offense, or a similar out-of-state offense,
12    or a combination of these offenses, arising out of separate
13    occurrences, that person, if issued a restricted driving
14    permit, may not operate a vehicle unless it has been
15    equipped with an ignition interlock device as defined in
16    Section 1-129.1.
17        (B) If a person's license or permit is revoked or
18    suspended 2 or more times due to any combination of:
19            (i) a single conviction of violating Section
20        11-501 of this Code or a similar provision of a local
21        ordinance or a similar out-of-state offense or Section
22        9-3 of the Criminal Code of 1961 or the Criminal Code
23        of 2012, where the use of alcohol or other drugs is
24        recited as an element of the offense, or a similar
25        out-of-state offense; or
26            (ii) a statutory summary suspension or revocation

 

 

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

 

 

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1    person who, within a 5-year period, is convicted of a
2    second or subsequent offense under Section 11-501 of this
3    Code, or a similar provision of a local ordinance or
4    similar out-of-state offense, this employment exemption
5    does not apply until either a one-year period has elapsed
6    during which that person had his or her driving privileges
7    revoked or a one-year period has elapsed during which that
8    person had a restricted driving permit which required the
9    use of an ignition interlock device on every motor vehicle
10    owned or operated by that person.
11        (E) In each case the Secretary may issue a restricted
12    driving permit for a period deemed appropriate, except that
13    all permits shall expire no later than 2 years from the
14    date of issuance. A restricted driving permit issued under
15    this Section shall be subject to cancellation, revocation,
16    and suspension by the Secretary of State in like manner and
17    for like cause as a driver's license issued under this Code
18    may be cancelled, revoked, or suspended; except that a
19    conviction upon one or more offenses against laws or
20    ordinances regulating the movement of traffic shall be
21    deemed sufficient cause for the revocation, suspension, or
22    cancellation of a restricted driving permit. The Secretary
23    of State may, as a condition to the issuance of a
24    restricted driving permit, require the applicant to
25    participate in a designated driver remedial or
26    rehabilitative program. The Secretary of State is

 

 

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

 

 

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1        In determining whether an applicant is eligible for a
2    restricted driving permit under this subparagraph (F), the
3    Secretary may consider any relevant evidence, including,
4    but not limited to, testimony, affidavits, records, and the
5    results of regular alcohol or drug tests. Persons subject
6    to the provisions of paragraph 4 of subsection (b) of
7    Section 6-208 of this Code and who have been convicted of
8    more than one violation of paragraph (3), paragraph (4), or
9    paragraph (5) of subsection (a) of Section 11-501 of this
10    Code shall not be eligible to apply for a restricted
11    driving permit under this subparagraph (F).
12        A restricted driving permit issued under this
13    subparagraph (F) shall provide that the holder may only
14    operate motor vehicles equipped with an ignition interlock
15    device as required under paragraph (2) of subsection (c) of
16    Section 6-205 of this Code and subparagraph (A) of
17    paragraph 3 of subsection (c) of this Section. The
18    Secretary may revoke a restricted driving permit or amend
19    the conditions of a restricted driving permit issued under
20    this subparagraph (F) if the holder operates a vehicle that
21    is not equipped with an ignition interlock device, or for
22    any other reason authorized under this Code.
23        A restricted driving permit issued under this
24    subparagraph (F) shall be revoked, and the holder barred
25    from applying for or being issued a restricted driving
26    permit in the future, if the holder is convicted of a

 

 

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1    violation of Section 11-501 of this Code, a similar
2    provision of a local ordinance, or a similar offense in
3    another state.
4    (c-3) In the case of a suspension under paragraph 43 of
5subsection (a), reports received by the Secretary of State
6under this Section shall, except during the actual time the
7suspension is in effect, be privileged information and for use
8only by the courts, police officers, prosecuting authorities,
9the driver licensing administrator of any other state, the
10Secretary of State, or the parent or legal guardian of a driver
11under the age of 18. However, beginning January 1, 2008, if the
12person is a CDL holder, the suspension shall also be made
13available to the driver licensing administrator of any other
14state, the U.S. Department of Transportation, and the affected
15driver or motor carrier or prospective motor carrier upon
16request.
17    (c-4) In the case of a suspension under paragraph 43 of
18subsection (a), the Secretary of State shall notify the person
19by mail that his or her driving privileges and driver's license
20will be suspended one month after the date of the mailing of
21the notice.
22    (c-5) The Secretary of State may, as a condition of the
23reissuance of a driver's license or permit to an applicant
24whose driver's license or permit has been suspended before he
25or she reached the age of 21 years pursuant to any of the
26provisions of this Section, require the applicant to

 

 

HB3952- 19 -LRB101 15246 TAE 64418 b

1participate in a driver remedial education course and be
2retested under Section 6-109 of this Code.
3    (d) This Section is subject to the provisions of the
4Drivers License Compact.
5    (e) The Secretary of State shall not issue a restricted
6driving permit to a person under the age of 16 years whose
7driving privileges have been suspended or revoked under any
8provisions of this Code.
9    (f) In accordance with 49 C.F.R. 384, the Secretary of
10State may not issue a restricted driving permit for the
11operation of a commercial motor vehicle to a person holding a
12CDL whose driving privileges have been suspended, revoked,
13cancelled, or disqualified under any provisions of this Code.
14    (g) The Secretary shall reinstate the driving privileges of
15a person whose driving privileges were suspended or revoked
16under this Section if the person shows that:
17        (1) the suspension or revocation of the person's
18    driving privileges resulted from an incident in which the
19    person's vision was impaired exclusively by the glare of
20    the sun;
21        (2) the incident would not have occurred but for the
22    impairment of the person's vision by the glare of the sun;
23        (3) there is no evidence that the person was, at the
24    time of the incident, otherwise impaired, distracted, or
25    inattentive in a manner that would constitute a violation
26    of this Code or an ordinance; and

 

 

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1        (4) other than any offenses for which the person was
2    charged as a result of the incident, the person was not
3    charged with any offense against a law or ordinance
4    regulating the movement of traffic after the accident or in
5    the 12-month period preceding the accident.
6(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
799-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16;
899-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
 
9    (Text of Section after amendment by P.A. 101-90 and
10101-470)
11    Sec. 6-206. Discretionary authority to suspend or revoke
12license or permit; right to a hearing.
13    (a) The Secretary of State is authorized to suspend or
14revoke the driving privileges of any person without preliminary
15hearing upon a showing of the person's records or other
16sufficient evidence that the person:
17        1. Has committed an offense for which mandatory
18    revocation of a driver's license or permit is required upon
19    conviction;
20        2. Has been convicted of not less than 3 offenses
21    against traffic regulations governing the movement of
22    vehicles committed within any 12 month period. No
23    revocation or suspension shall be entered more than 6
24    months after the date of last conviction;
25        3. Has been repeatedly involved as a driver in motor

 

 

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1    vehicle collisions or has been repeatedly convicted of
2    offenses against laws and ordinances regulating the
3    movement of traffic, to a degree that indicates lack of
4    ability to exercise ordinary and reasonable care in the
5    safe operation of a motor vehicle or disrespect for the
6    traffic laws and the safety of other persons upon the
7    highway;
8        4. Has by the unlawful operation of a motor vehicle
9    caused or contributed to an accident resulting in injury
10    requiring immediate professional treatment in a medical
11    facility or doctor's office to any person, except that any
12    suspension or revocation imposed by the Secretary of State
13    under the provisions of this subsection shall start no
14    later than 6 months after being convicted of violating a
15    law or ordinance regulating the movement of traffic, which
16    violation is related to the accident, or shall start not
17    more than one year after the date of the accident,
18    whichever date occurs later;
19        5. Has permitted an unlawful or fraudulent use of a
20    driver's license, identification card, or permit;
21        6. Has been lawfully convicted of an offense or
22    offenses in another state, including the authorization
23    contained in Section 6-203.1, which if committed within
24    this State would be grounds for suspension or revocation;
25        7. Has refused or failed to submit to an examination
26    provided for by Section 6-207 or has failed to pass the

 

 

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1    examination;
2        8. Is ineligible for a driver's license or permit under
3    the provisions of Section 6-103;
4        9. Has made a false statement or knowingly concealed a
5    material fact or has used false information or
6    identification in any application for a license,
7    identification card, or permit;
8        10. Has possessed, displayed, or attempted to
9    fraudulently use any license, identification card, or
10    permit not issued to the person;
11        11. Has operated a motor vehicle upon a highway of this
12    State when the person's driving privilege or privilege to
13    obtain a driver's license or permit was revoked or
14    suspended unless the operation was authorized by a
15    monitoring device driving permit, judicial driving permit
16    issued prior to January 1, 2009, probationary license to
17    drive, or a restricted driving permit issued under this
18    Code;
19        12. Has submitted to any portion of the application
20    process for another person or has obtained the services of
21    another person to submit to any portion of the application
22    process for the purpose of obtaining a license,
23    identification card, or permit for some other person;
24        13. Has operated a motor vehicle upon a highway of this
25    State when the person's driver's license or permit was
26    invalid under the provisions of Sections 6-107.1 and 6-110;

 

 

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1        14. Has committed a violation of Section 6-301,
2    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
3    14B of the Illinois Identification Card Act;
4        15. Has been convicted of violating Section 21-2 of the
5    Criminal Code of 1961 or the Criminal Code of 2012 relating
6    to criminal trespass to vehicles in which case, the
7    suspension shall be for one year;
8        16. Has been convicted of violating Section 11-204 of
9    this Code relating to fleeing from a peace officer;
10        17. Has refused to submit to a test, or tests, as
11    required under Section 11-501.1 of this Code and the person
12    has not sought a hearing as provided for in Section
13    11-501.1;
14        18. Has, since issuance of a driver's license or
15    permit, been adjudged to be afflicted with or suffering
16    from any mental disability or disease;
17        19. Has committed a violation of paragraph (a) or (b)
18    of Section 6-101 relating to driving without a driver's
19    license;
20        20. Has been convicted of violating Section 6-104
21    relating to classification of driver's license;
22        21. Has been convicted of violating Section 11-402 of
23    this Code relating to leaving the scene of an accident
24    resulting in damage to a vehicle in excess of $1,000, in
25    which case the suspension shall be for one year;
26        22. Has used a motor vehicle in violating paragraph

 

 

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1    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
2    the Criminal Code of 1961 or the Criminal Code of 2012
3    relating to unlawful use of weapons, in which case the
4    suspension shall be for one year;
5        23. Has, as a driver, been convicted of committing a
6    violation of paragraph (a) of Section 11-502 of this Code
7    for a second or subsequent time within one year of a
8    similar violation;
9        24. Has been convicted by a court-martial or punished
10    by non-judicial punishment by military authorities of the
11    United States at a military installation in Illinois or in
12    another state of or for a traffic related offense that is
13    the same as or similar to an offense specified under
14    Section 6-205 or 6-206 of this Code;
15        25. Has permitted any form of identification to be used
16    by another in the application process in order to obtain or
17    attempt to obtain a license, identification card, or
18    permit;
19        26. Has altered or attempted to alter a license or has
20    possessed an altered license, identification card, or
21    permit;
22        27. Has violated Section 6-16 of the Liquor Control Act
23    of 1934;
24        28. Has been convicted for a first time of the illegal
25    possession, while operating or in actual physical control,
26    as a driver, of a motor vehicle, of any controlled

 

 

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

 

 

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1    this subsection, in which case the person's driving
2    privileges shall be suspended for 5 years;
3        31. Has refused to submit to a test as required by
4    Section 11-501.6 of this Code or Section 5-16c of the Boat
5    Registration and Safety Act or has submitted to a test
6    resulting in an alcohol concentration of 0.08 or more or
7    any amount of a drug, substance, or compound resulting from
8    the unlawful use or consumption of cannabis as listed in
9    the Cannabis Control Act, a controlled substance as listed
10    in the Illinois Controlled Substances Act, an intoxicating
11    compound as listed in the Use of Intoxicating Compounds
12    Act, or methamphetamine as listed in the Methamphetamine
13    Control and Community Protection Act, in which case the
14    penalty shall be as prescribed in Section 6-208.1;
15        32. Has been convicted of Section 24-1.2 of the
16    Criminal Code of 1961 or the Criminal Code of 2012 relating
17    to the aggravated discharge of a firearm if the offender
18    was located in a motor vehicle at the time the firearm was
19    discharged, in which case the suspension shall be for 3
20    years;
21        33. Has as a driver, who was less than 21 years of age
22    on the date of the offense, been convicted a first time of
23    a violation of paragraph (a) of Section 11-502 of this Code
24    or a similar provision of a local ordinance;
25        34. Has committed a violation of Section 11-1301.5 of
26    this Code or a similar provision of a local ordinance;

 

 

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1        35. Has committed a violation of Section 11-1301.6 of
2    this Code or a similar provision of a local ordinance;
3        36. Is under the age of 21 years at the time of arrest
4    and has been convicted of not less than 2 offenses against
5    traffic regulations governing the movement of vehicles
6    committed within any 24 month period. No revocation or
7    suspension shall be entered more than 6 months after the
8    date of last conviction;
9        37. Has committed a violation of subsection (c) of
10    Section 11-907 of this Code that resulted in damage to the
11    property of another or the death or injury of another;
12        38. Has been convicted of a violation of Section 6-20
13    of the Liquor Control Act of 1934 or a similar provision of
14    a local ordinance;
15        39. Has committed a second or subsequent violation of
16    Section 11-1201 of this Code;
17        40. Has committed a violation of subsection (a-1) of
18    Section 11-908 of this Code;
19        41. Has committed a second or subsequent violation of
20    Section 11-605.1 of this Code, a similar provision of a
21    local ordinance, or a similar violation in any other state
22    within 2 years of the date of the previous violation, in
23    which case the suspension shall be for 90 days;
24        42. Has committed a violation of subsection (a-1) of
25    Section 11-1301.3 of this Code or a similar provision of a
26    local ordinance;

 

 

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1        43. Has received a disposition of court supervision for
2    a violation of subsection (a), (d), or (e) of Section 6-20
3    of the Liquor Control Act of 1934 or a similar provision of
4    a local ordinance, in which case the suspension shall be
5    for a period of 3 months;
6        44. Is under the age of 21 years at the time of arrest
7    and has been convicted of an offense against traffic
8    regulations governing the movement of vehicles after
9    having previously had his or her driving privileges
10    suspended or revoked pursuant to subparagraph 36 of this
11    Section;
12        45. Has, in connection with or during the course of a
13    formal hearing conducted under Section 2-118 of this Code:
14    (i) committed perjury; (ii) submitted fraudulent or
15    falsified documents; (iii) submitted documents that have
16    been materially altered; or (iv) submitted, as his or her
17    own, documents that were in fact prepared or composed for
18    another person;
19        46. Has committed a violation of subsection (j) of
20    Section 3-413 of this Code;
21        47. Has committed a violation of Section 11-502.1 of
22    this Code;
23        48. Has submitted a falsified or altered medical
24    examiner's certificate to the Secretary of State or
25    provided false information to obtain a medical examiner's
26    certificate; or

 

 

HB3952- 29 -LRB101 15246 TAE 64418 b

1        49. Has committed a violation of subsection (b-5) of
2    Section 12-610.2 that resulted in great bodily harm,
3    permanent disability, or disfigurement, in which case the
4    driving privileges shall be suspended for 12 months; or .
5        50. 49. Has been convicted of a violation of Section
6    11-1002 or 11-1002.5 that resulted in a Type A injury to
7    another, in which case the person's driving privileges
8    shall be suspended for 12 months.
9    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
10and 27 of this subsection, license means any driver's license,
11any traffic ticket issued when the person's driver's license is
12deposited in lieu of bail, a suspension notice issued by the
13Secretary of State, a duplicate or corrected driver's license,
14a probationary driver's license or a temporary driver's
15license.
16    (b) If any conviction forming the basis of a suspension or
17revocation authorized under this Section is appealed, the
18Secretary of State may rescind or withhold the entry of the
19order of suspension or revocation, as the case may be, provided
20that a certified copy of a stay order of a court is filed with
21the Secretary of State. If the conviction is affirmed on
22appeal, the date of the conviction shall relate back to the
23time the original judgment of conviction was entered and the 6
24month limitation prescribed shall not apply.
25    (c) 1. Upon suspending or revoking the driver's license or
26permit of any person as authorized in this Section, the

 

 

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

 

 

HB3952- 31 -LRB101 15246 TAE 64418 b

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

 

 

HB3952- 32 -LRB101 15246 TAE 64418 b

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

 

 

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1            (i) a single conviction of violating Section
2        11-501 of this Code or a similar provision of a local
3        ordinance or a similar out-of-state offense or Section
4        9-3 of the Criminal Code of 1961 or the Criminal Code
5        of 2012, where the use of alcohol or other drugs is
6        recited as an element of the offense, or a similar
7        out-of-state offense; or
8            (ii) a statutory summary suspension or revocation
9        under Section 11-501.1; or
10            (iii) a suspension under Section 6-203.1;
11    arising out of separate occurrences; that person, if issued
12    a restricted driving permit, may not operate a vehicle
13    unless it has been equipped with an ignition interlock
14    device as defined in Section 1-129.1.
15        (B-5) If a person's license or permit is revoked or
16    suspended due to a conviction for a violation of
17    subparagraph (C) or (F) of paragraph (1) of subsection (d)
18    of Section 11-501 of this Code, or a similar provision of a
19    local ordinance or similar out-of-state offense, that
20    person, if issued a restricted driving permit, may not
21    operate a vehicle unless it has been equipped with an
22    ignition interlock device as defined in Section 1-129.1.
23        (C) The person issued a permit conditioned upon the use
24    of an ignition interlock device must pay to the Secretary
25    of State DUI Administration Fund an amount not to exceed
26    $30 per month. The Secretary shall establish by rule the

 

 

HB3952- 34 -LRB101 15246 TAE 64418 b

1    amount and the procedures, terms, and conditions relating
2    to these fees.
3        (D) If the restricted driving permit is issued for
4    employment purposes, then the prohibition against
5    operating a motor vehicle that is not equipped with an
6    ignition interlock device does not apply to the operation
7    of an occupational vehicle owned or leased by that person's
8    employer when used solely for employment purposes. For any
9    person who, within a 5-year period, is convicted of a
10    second or subsequent offense under Section 11-501 of this
11    Code, or a similar provision of a local ordinance or
12    similar out-of-state offense, this employment exemption
13    does not apply until either a one-year period has elapsed
14    during which that person had his or her driving privileges
15    revoked or a one-year period has elapsed during which that
16    person had a restricted driving permit which required the
17    use of an ignition interlock device on every motor vehicle
18    owned or operated by that person.
19        (E) In each case the Secretary may issue a restricted
20    driving permit for a period deemed appropriate, except that
21    all permits shall expire no later than 2 years from the
22    date of issuance. A restricted driving permit issued under
23    this Section shall be subject to cancellation, revocation,
24    and suspension by the Secretary of State in like manner and
25    for like cause as a driver's license issued under this Code
26    may be cancelled, revoked, or suspended; except that a

 

 

HB3952- 35 -LRB101 15246 TAE 64418 b

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

 

 

HB3952- 36 -LRB101 15246 TAE 64418 b

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

 

 

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

 

 

HB3952- 38 -LRB101 15246 TAE 64418 b

1by mail that his or her driving privileges and driver's license
2will be suspended one month after the date of the mailing of
3the notice.
4    (c-5) The Secretary of State may, as a condition of the
5reissuance of a driver's license or permit to an applicant
6whose driver's license or permit has been suspended before he
7or she reached the age of 21 years pursuant to any of the
8provisions of this Section, require the applicant to
9participate in a driver remedial education course and be
10retested under Section 6-109 of this Code.
11    (d) This Section is subject to the provisions of the
12Drivers License Compact.
13    (e) The Secretary of State shall not issue a restricted
14driving permit to a person under the age of 16 years whose
15driving privileges have been suspended or revoked under any
16provisions of this Code.
17    (f) In accordance with 49 C.F.R. 384, the Secretary of
18State may not issue a restricted driving permit for the
19operation of a commercial motor vehicle to a person holding a
20CDL whose driving privileges have been suspended, revoked,
21cancelled, or disqualified under any provisions of this Code.
22    (g) The Secretary shall reinstate the driving privileges of
23a person whose driving privileges were suspended or revoked
24under this Section if the person shows that:
25        (1) the suspension or revocation of the person's
26    driving privileges vision resulted from an incident in

 

 

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1    which the person's vision was impaired by the glare of the
2    sun;
3        (2) the incident would not have occurred but for the
4    impairment of the person's vision by the glare of the sun;
5        (3) there is no evidence that the person was, at the
6    time of the incident, otherwise impaired, distracted, or
7    inattentive in a manner that would constitute a violation
8    of this Code or an ordinance;
9        (4) other than any offenses for which the person was
10    charged as a result of the incident, the person was not
11    charged with any offense against a law or ordinance
12    regulating the movement of traffic after the accident or in
13    the 12-month period preceding the accident.
14(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
15101-470, eff. 7-1-20; revised 9-23-19.)
 
16    Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.