SB0698 EngrossedLRB102 10213 HEP 15536 b

1    AN ACT concerning the Secretary of State.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 4 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof. No identification card shall be issued to any person
12who holds a valid foreign state identification card, license,
13or permit unless the person first surrenders to the Secretary
14of State the valid foreign state identification card, license,
15or permit. The card shall be prepared and supplied by the
16Secretary of State and shall include a photograph and
17signature or mark of the applicant. However, the Secretary of
18State may provide by rule for the issuance of Illinois
19Identification Cards without photographs if the applicant has
20a bona fide religious objection to being photographed or to
21the display of his or her photograph. The Illinois
22Identification Card may be used for identification purposes in
23any lawful situation only by the person to whom it was issued.

 

 

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1As used in this Act, "photograph" means any color photograph
2or digitally produced and captured image of an applicant for
3an identification card. As used in this Act, "signature" means
4the name of a person as written by that person and captured in
5a manner acceptable to the Secretary of State.
6    (a-5) If an applicant for an identification card has a
7current driver's license or instruction permit issued by the
8Secretary of State, the Secretary may require the applicant to
9utilize the same residence address and name on the
10identification card, driver's license, and instruction permit
11records maintained by the Secretary. The Secretary may
12promulgate rules to implement this provision.
13    (a-10) If the applicant is a judicial officer as defined
14in Section 1-10 of the Judicial Privacy Act or a peace officer,
15the applicant may elect to have his or her office or work
16address listed on the card instead of the applicant's
17residence or mailing address. The Secretary may promulgate
18rules to implement this provision. For the purposes of this
19subsection (a-10), "peace officer" means any person who by
20virtue of his or her office or public employment is vested by
21law with a duty to maintain public order or to make arrests for
22a violation of any penal statute of this State, whether that
23duty extends to all violations or is limited to specific
24violations.
25    (a-15) The Secretary of State may provide for an expedited
26process for the issuance of an Illinois Identification Card.

 

 

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1The Secretary shall charge an additional fee for the expedited
2issuance of an Illinois Identification Card, to be set by
3rule, not to exceed $75. All fees collected by the Secretary
4for expedited Illinois Identification Card service shall be
5deposited into the Secretary of State Special Services Fund.
6The Secretary may adopt rules regarding the eligibility,
7process, and fee for an expedited Illinois Identification
8Card. If the Secretary of State determines that the volume of
9expedited identification card requests received on a given day
10exceeds the ability of the Secretary to process those requests
11in an expedited manner, the Secretary may decline to provide
12expedited services, and the additional fee for the expedited
13service shall be refunded to the applicant.
14    (a-20) The Secretary of State shall issue a standard
15Illinois Identification Card to a committed person upon
16release on parole, mandatory supervised release, aftercare
17release, final discharge, or pardon from the Department of
18Corrections or Department of Juvenile Justice, if the released
19person presents a certified copy of his or her birth
20certificate, social security card or other documents
21authorized by the Secretary, and 2 documents proving his or
22her Illinois residence address. Documents proving residence
23address may include any official document of the Department of
24Corrections or the Department of Juvenile Justice showing the
25released person's address after release and a Secretary of
26State prescribed certificate of residency form, which may be

 

 

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1executed by Department of Corrections or Department of
2Juvenile Justice personnel.
3    (a-25) The Secretary of State shall issue a limited-term
4Illinois Identification Card valid for 90 days to a committed
5person upon release on parole, mandatory supervised release,
6aftercare release, final discharge, or pardon from the
7Department of Corrections or Department of Juvenile Justice,
8if the released person is unable to present a certified copy of
9his or her birth certificate and social security card or other
10documents authorized by the Secretary, but does present a
11Secretary of State prescribed verification form completed by
12the Department of Corrections or Department of Juvenile
13Justice, verifying the released person's date of birth and
14social security number and 2 documents proving his or her
15Illinois residence address. The verification form must have
16been completed no more than 30 days prior to the date of
17application for the Illinois Identification Card. Documents
18proving residence address shall include any official document
19of the Department of Corrections or the Department of Juvenile
20Justice showing the person's address after release and a
21Secretary of State prescribed certificate of residency, which
22may be executed by Department of Corrections or Department of
23Juvenile Justice personnel.
24    Prior to the expiration of the 90-day period of the
25limited-term Illinois Identification Card, if the released
26person submits to the Secretary of State a certified copy of

 

 

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1his or her birth certificate and his or her social security
2card or other documents authorized by the Secretary, a
3standard Illinois Identification Card shall be issued. A
4limited-term Illinois Identification Card may not be renewed.
5    (a-30) The Secretary of State shall issue a standard
6Illinois Identification Card to a person upon conditional
7release or absolute discharge from the custody of the
8Department of Human Services, if the person presents a
9certified copy of his or her birth certificate, social
10security card, or other documents authorized by the Secretary,
11and a document proving his or her Illinois residence address.
12The Secretary of State shall issue a standard Illinois
13Identification Card to a person no sooner than 14 days prior to
14his or her conditional release or absolute discharge if
15personnel from the Department of Human Services bring the
16person to a Secretary of State location with the required
17documents. Documents proving residence address may include any
18official document of the Department of Human Services showing
19the person's address after release and a Secretary of State
20prescribed verification form, which may be executed by
21personnel of the Department of Human Services.
22    (a-35) The Secretary of State shall issue a limited-term
23Illinois Identification Card valid for 90 days to a person
24upon conditional release or absolute discharge from the
25custody of the Department of Human Services, if the person is
26unable to present a certified copy of his or her birth

 

 

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1certificate and social security card or other documents
2authorized by the Secretary, but does present a Secretary of
3State prescribed verification form completed by the Department
4of Human Services, verifying the person's date of birth and
5social security number, and a document proving his or her
6Illinois residence address. The verification form must have
7been completed no more than 30 days prior to the date of
8application for the Illinois Identification Card. The
9Secretary of State shall issue a limited-term Illinois
10Identification Card to a person no sooner than 14 days prior to
11his or her conditional release or absolute discharge if
12personnel from the Department of Human Services bring the
13person to a Secretary of State location with the required
14documents. Documents proving residence address shall include
15any official document of the Department of Human Services
16showing the person's address after release and a Secretary of
17State prescribed verification form, which may be executed by
18personnel of the Department of Human Services.
19    (b) The Secretary of State shall issue a special Illinois
20Identification Card, which shall be known as an Illinois
21Person with a Disability Identification Card, to any natural
22person who is a resident of the State of Illinois, who is a
23person with a disability as defined in Section 4A of this Act,
24who applies for such card, or renewal thereof. No Illinois
25Person with a Disability Identification Card shall be issued
26to any person who holds a valid foreign state identification

 

 

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1card, license, or permit unless the person first surrenders to
2the Secretary of State the valid foreign state identification
3card, license, or permit. The Secretary of State shall charge
4no fee to issue such card. The card shall be prepared and
5supplied by the Secretary of State, and shall include a
6photograph and signature or mark of the applicant, a
7designation indicating that the card is an Illinois Person
8with a Disability Identification Card, and shall include a
9comprehensible designation of the type and classification of
10the applicant's disability as set out in Section 4A of this
11Act. However, the Secretary of State may provide by rule for
12the issuance of Illinois Person with a Disability
13Identification Cards without photographs if the applicant has
14a bona fide religious objection to being photographed or to
15the display of his or her photograph. If the applicant so
16requests, the card shall include a description of the
17applicant's disability and any information about the
18applicant's disability or medical history which the Secretary
19determines would be helpful to the applicant in securing
20emergency medical care. If a mark is used in lieu of a
21signature, such mark shall be affixed to the card in the
22presence of two witnesses who attest to the authenticity of
23the mark. The Illinois Person with a Disability Identification
24Card may be used for identification purposes in any lawful
25situation by the person to whom it was issued.
26    The Illinois Person with a Disability Identification Card

 

 

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1may be used as adequate documentation of disability in lieu of
2a physician's determination of disability, a determination of
3disability from a physician assistant, a determination of
4disability from an advanced practice registered nurse, or any
5other documentation of disability whenever any State law
6requires that a person with a disability provide such
7documentation of disability, however an Illinois Person with a
8Disability Identification Card shall not qualify the
9cardholder to participate in any program or to receive any
10benefit which is not available to all persons with like
11disabilities. Notwithstanding any other provisions of law, an
12Illinois Person with a Disability Identification Card, or
13evidence that the Secretary of State has issued an Illinois
14Person with a Disability Identification Card, shall not be
15used by any person other than the person named on such card to
16prove that the person named on such card is a person with a
17disability or for any other purpose unless the card is used for
18the benefit of the person named on such card, and the person
19named on such card consents to such use at the time the card is
20so used.
21    An optometrist's determination of a visual disability
22under Section 4A of this Act is acceptable as documentation
23for the purpose of issuing an Illinois Person with a
24Disability Identification Card.
25    When medical information is contained on an Illinois
26Person with a Disability Identification Card, the Office of

 

 

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1the Secretary of State shall not be liable for any actions
2taken based upon that medical information.
3    (c) The Secretary of State shall provide that each
4original or renewal Illinois Identification Card or Illinois
5Person with a Disability Identification Card issued to a
6person under the age of 21 shall be of a distinct nature from
7those Illinois Identification Cards or Illinois Person with a
8Disability Identification Cards issued to individuals 21 years
9of age or older. The color designated for Illinois
10Identification Cards or Illinois Person with a Disability
11Identification Cards for persons under the age of 21 shall be
12at the discretion of the Secretary of State.
13    (c-1) Each original or renewal Illinois Identification
14Card or Illinois Person with a Disability Identification Card
15issued to a person under the age of 21 shall display the date
16upon which the person becomes 18 years of age and the date upon
17which the person becomes 21 years of age.
18    (c-3) The General Assembly recognizes the need to identify
19military veterans living in this State for the purpose of
20ensuring that they receive all of the services and benefits to
21which they are legally entitled, including healthcare,
22education assistance, and job placement. To assist the State
23in identifying these veterans and delivering these vital
24services and benefits, the Secretary of State is authorized to
25issue Illinois Identification Cards and Illinois Person with a
26Disability Identification Cards with the word "veteran"

 

 

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1appearing on the face of the cards. This authorization is
2predicated on the unique status of veterans. The Secretary may
3not issue any other identification card which identifies an
4occupation, status, affiliation, hobby, or other unique
5characteristics of the identification card holder which is
6unrelated to the purpose of the identification card.
7    (c-5) Beginning on or before July 1, 2015, the Secretary
8of State shall designate a space on each original or renewal
9identification card where, at the request of the applicant,
10the word "veteran" shall be placed. The veteran designation
11shall be available to a person identified as a veteran under
12subsection (b) of Section 5 of this Act who was discharged or
13separated under honorable conditions.
14    (d) The Secretary of State may issue a Senior Citizen
15discount card, to any natural person who is a resident of the
16State of Illinois who is 60 years of age or older and who
17applies for such a card or renewal thereof. The Secretary of
18State shall charge no fee to issue such card. The card shall be
19issued in every county and applications shall be made
20available at, but not limited to, nutrition sites, senior
21citizen centers and Area Agencies on Aging. The applicant,
22upon receipt of such card and prior to its use for any purpose,
23shall have affixed thereon in the space provided therefor his
24signature or mark.
25    (e) The Secretary of State, in his or her discretion, may
26designate on each Illinois Identification Card or Illinois

 

 

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1Person with a Disability Identification Card a space where the
2card holder may place a sticker or decal, issued by the
3Secretary of State, of uniform size as the Secretary may
4specify, that shall indicate in appropriate language that the
5card holder has renewed his or her Illinois Identification
6Card or Illinois Person with a Disability Identification Card.
7(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
899-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff.
97-1-17; 100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
10    Section 10. The Illinois Vehicle Code is amended by
11changing Sections 6-106.1, 6-205, 6-206, and 6-508 as follows:
 
12    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
13    Sec. 6-106.1. School bus driver permit.
14    (a) The Secretary of State shall issue a school bus driver
15permit to those applicants who have met all the requirements
16of the application and screening process under this Section to
17insure the welfare and safety of children who are transported
18on school buses throughout the State of Illinois. Applicants
19shall obtain the proper application required by the Secretary
20of State from their prospective or current employer and submit
21the completed application to the prospective or current
22employer along with the necessary fingerprint submission as
23required by the Department of State Police to conduct
24fingerprint based criminal background checks on current and

 

 

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1future information available in the state system and current
2information available through the Federal Bureau of
3Investigation's system. Applicants who have completed the
4fingerprinting requirements shall not be subjected to the
5fingerprinting process when applying for subsequent permits or
6submitting proof of successful completion of the annual
7refresher course. Individuals who on July 1, 1995 (the
8effective date of Public Act 88-612) possess a valid school
9bus driver permit that has been previously issued by the
10appropriate Regional School Superintendent are not subject to
11the fingerprinting provisions of this Section as long as the
12permit remains valid and does not lapse. The applicant shall
13be required to pay all related application and fingerprinting
14fees as established by rule including, but not limited to, the
15amounts established by the Department of State Police and the
16Federal Bureau of Investigation to process fingerprint based
17criminal background investigations. All fees paid for
18fingerprint processing services under this Section shall be
19deposited into the State Police Services Fund for the cost
20incurred in processing the fingerprint based criminal
21background investigations. All other fees paid under this
22Section shall be deposited into the Road Fund for the purpose
23of defraying the costs of the Secretary of State in
24administering this Section. All applicants must:
25        1. be 21 years of age or older;
26        2. possess a valid and properly classified driver's

 

 

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1    license issued by the Secretary of State;
2        3. possess a valid driver's license, which has not
3    been revoked, suspended, or canceled for 3 years
4    immediately prior to the date of application, or have not
5    had his or her commercial motor vehicle driving privileges
6    disqualified within the 3 years immediately prior to the
7    date of application;
8        4. successfully pass a written test, administered by
9    the Secretary of State, on school bus operation, school
10    bus safety, and special traffic laws relating to school
11    buses and submit to a review of the applicant's driving
12    habits by the Secretary of State at the time the written
13    test is given;
14        5. demonstrate ability to exercise reasonable care in
15    the operation of school buses in accordance with rules
16    promulgated by the Secretary of State;
17        6. demonstrate physical fitness to operate school
18    buses by submitting the results of a medical examination,
19    including tests for drug use for each applicant not
20    subject to such testing pursuant to federal law, conducted
21    by a licensed physician, a licensed advanced practice
22    registered nurse, or a licensed physician assistant within
23    90 days of the date of application according to standards
24    promulgated by the Secretary of State;
25        7. affirm under penalties of perjury that he or she
26    has not made a false statement or knowingly concealed a

 

 

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1    material fact in any application for permit;
2        8. have completed an initial classroom course,
3    including first aid procedures, in school bus driver
4    safety as promulgated by the Secretary of State; and after
5    satisfactory completion of said initial course an annual
6    refresher course; such courses and the agency or
7    organization conducting such courses shall be approved by
8    the Secretary of State; failure to complete the annual
9    refresher course, shall result in cancellation of the
10    permit until such course is completed;
11        9. not have been under an order of court supervision
12    for or convicted of 2 or more serious traffic offenses, as
13    defined by rule, within one year prior to the date of
14    application that may endanger the life or safety of any of
15    the driver's passengers within the duration of the permit
16    period;
17        10. not have been under an order of court supervision
18    for or convicted of reckless driving, aggravated reckless
19    driving, driving while under the influence of alcohol,
20    other drug or drugs, intoxicating compound or compounds or
21    any combination thereof, or reckless homicide resulting
22    from the operation of a motor vehicle within 3 years of the
23    date of application;
24        11. not have been convicted of committing or
25    attempting to commit any one or more of the following
26    offenses: (i) those offenses defined in Sections 8-1,

 

 

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1    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
2    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
3    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
4    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
5    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
6    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
7    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
8    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
9    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
10    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-5.3, 12-6,
11    12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13,
12    12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6,
13    12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16,
14    16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1,
15    20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5,
16    24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9,
17    31A-1.1, 33A-2, and 33D-1, in subsection (A), clauses (a)
18    and (b), of Section 24-3, and those offenses contained in
19    Article 29D of the Criminal Code of 1961 or the Criminal
20    Code of 2012; (ii) those offenses defined in the Cannabis
21    Control Act except those offenses defined in subsections
22    (a) and (b) of Section 4, and subsection (a) of Section 5
23    of the Cannabis Control Act; (iii) those offenses defined
24    in the Illinois Controlled Substances Act; (iv) those
25    offenses defined in the Methamphetamine Control and
26    Community Protection Act; and (v) any offense committed or

 

 

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1    attempted in any other state or against the laws of the
2    United States, which if committed or attempted in this
3    State would be punishable as one or more of the foregoing
4    offenses; (vi) the offenses defined in Section 4.1 and 5.1
5    of the Wrongs to Children Act or Section 11-9.1A of the
6    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
7    those offenses defined in Section 6-16 of the Liquor
8    Control Act of 1934; and (viii) those offenses defined in
9    the Methamphetamine Precursor Control Act;
10        12. not have been repeatedly involved as a driver in
11    motor vehicle collisions or been repeatedly convicted of
12    offenses against laws and ordinances regulating the
13    movement of traffic, to a degree which indicates lack of
14    ability to exercise ordinary and reasonable care in the
15    safe operation of a motor vehicle or disrespect for the
16    traffic laws and the safety of other persons upon the
17    highway;
18        13. not have, through the unlawful operation of a
19    motor vehicle, caused an accident resulting in the death
20    of any person;
21        14. not have, within the last 5 years, been adjudged
22    to be afflicted with or suffering from any mental
23    disability or disease;
24        15. consent, in writing, to the release of results of
25    reasonable suspicion drug and alcohol testing under
26    Section 6-106.1c of this Code by the employer of the

 

 

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1    applicant to the Secretary of State; and
2        16. not have been convicted of committing or
3    attempting to commit within the last 20 years: (i) an
4    offense defined in subsection (c) of Section 4, subsection
5    (b) of Section 5, and subsection (a) of Section 8 of the
6    Cannabis Control Act; or (ii) any offenses in any other
7    state or against the laws of the United States that, if
8    committed or attempted in this State, would be punishable
9    as one or more of the foregoing offenses.
10    (b) A school bus driver permit shall be valid for a period
11specified by the Secretary of State as set forth by rule. It
12shall be renewable upon compliance with subsection (a) of this
13Section.
14    (c) A school bus driver permit shall contain the holder's
15driver's license number, legal name, residence address, zip
16code, and date of birth, a brief description of the holder and
17a space for signature. The Secretary of State may require a
18suitable photograph of the holder.
19    (d) The employer shall be responsible for conducting a
20pre-employment interview with prospective school bus driver
21candidates, distributing school bus driver applications and
22medical forms to be completed by the applicant, and submitting
23the applicant's fingerprint cards to the Department of State
24Police that are required for the criminal background
25investigations. The employer shall certify in writing to the
26Secretary of State that all pre-employment conditions have

 

 

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1been successfully completed including the successful
2completion of an Illinois specific criminal background
3investigation through the Department of State Police and the
4submission of necessary fingerprints to the Federal Bureau of
5Investigation for criminal history information available
6through the Federal Bureau of Investigation system. The
7applicant shall present the certification to the Secretary of
8State at the time of submitting the school bus driver permit
9application.
10    (e) Permits shall initially be provisional upon receiving
11certification from the employer that all pre-employment
12conditions have been successfully completed, and upon
13successful completion of all training and examination
14requirements for the classification of the vehicle to be
15operated, the Secretary of State shall provisionally issue a
16School Bus Driver Permit. The permit shall remain in a
17provisional status pending the completion of the Federal
18Bureau of Investigation's criminal background investigation
19based upon fingerprinting specimens submitted to the Federal
20Bureau of Investigation by the Department of State Police. The
21Federal Bureau of Investigation shall report the findings
22directly to the Secretary of State. The Secretary of State
23shall remove the bus driver permit from provisional status
24upon the applicant's successful completion of the Federal
25Bureau of Investigation's criminal background investigation.
26    (f) A school bus driver permit holder shall notify the

 

 

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1employer and the Secretary of State if he or she is issued an
2order of court supervision for or convicted in another state
3of an offense that would make him or her ineligible for a
4permit under subsection (a) of this Section. The written
5notification shall be made within 5 days of the entry of the
6order of court supervision or conviction. Failure of the
7permit holder to provide the notification is punishable as a
8petty offense for a first violation and a Class B misdemeanor
9for a second or subsequent violation.
10    (g) Cancellation; suspension; notice and procedure.
11        (1) The Secretary of State shall cancel a school bus
12    driver permit of an applicant whose criminal background
13    investigation discloses that he or she is not in
14    compliance with the provisions of subsection (a) of this
15    Section.
16        (2) The Secretary of State shall cancel a school bus
17    driver permit when he or she receives notice that the
18    permit holder fails to comply with any provision of this
19    Section or any rule promulgated for the administration of
20    this Section.
21        (3) The Secretary of State shall cancel a school bus
22    driver permit if the permit holder's restricted commercial
23    or commercial driving privileges are withdrawn or
24    otherwise invalidated.
25        (4) The Secretary of State may not issue a school bus
26    driver permit for a period of 3 years to an applicant who

 

 

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1    fails to obtain a negative result on a drug test as
2    required in item 6 of subsection (a) of this Section or
3    under federal law.
4        (5) The Secretary of State shall forthwith suspend a
5    school bus driver permit for a period of 3 years upon
6    receiving notice that the holder has failed to obtain a
7    negative result on a drug test as required in item 6 of
8    subsection (a) of this Section or under federal law.
9        (6) The Secretary of State shall suspend a school bus
10    driver permit for a period of 3 years upon receiving
11    notice from the employer that the holder failed to perform
12    the inspection procedure set forth in subsection (a) or
13    (b) of Section 12-816 of this Code.
14        (7) The Secretary of State shall suspend a school bus
15    driver permit for a period of 3 years upon receiving
16    notice from the employer that the holder refused to submit
17    to an alcohol or drug test as required by Section 6-106.1c
18    or has submitted to a test required by that Section which
19    disclosed an alcohol concentration of more than 0.00 or
20    disclosed a positive result on a National Institute on
21    Drug Abuse five-drug panel, utilizing federal standards
22    set forth in 49 CFR 40.87.
23    The Secretary of State shall notify the State
24Superintendent of Education and the permit holder's
25prospective or current employer that the applicant has (1) has
26failed a criminal background investigation or (2) is no longer

 

 

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1eligible for a school bus driver permit; and of the related
2cancellation of the applicant's provisional school bus driver
3permit. The cancellation shall remain in effect pending the
4outcome of a hearing pursuant to Section 2-118 of this Code.
5The scope of the hearing shall be limited to the issuance
6criteria contained in subsection (a) of this Section. A
7petition requesting a hearing shall be submitted to the
8Secretary of State and shall contain the reason the individual
9feels he or she is entitled to a school bus driver permit. The
10permit holder's employer shall notify in writing to the
11Secretary of State that the employer has certified the removal
12of the offending school bus driver from service prior to the
13start of that school bus driver's next workshift. An employing
14school board that fails to remove the offending school bus
15driver from service is subject to the penalties defined in
16Section 3-14.23 of the School Code. A school bus contractor
17who violates a provision of this Section is subject to the
18penalties defined in Section 6-106.11.
19    All valid school bus driver permits issued under this
20Section prior to January 1, 1995, shall remain effective until
21their expiration date unless otherwise invalidated.
22    (h) When a school bus driver permit holder who is a service
23member is called to active duty, the employer of the permit
24holder shall notify the Secretary of State, within 30 days of
25notification from the permit holder, that the permit holder
26has been called to active duty. Upon notification pursuant to

 

 

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1this subsection, (i) the Secretary of State shall characterize
2the permit as inactive until a permit holder renews the permit
3as provided in subsection (i) of this Section, and (ii) if a
4permit holder fails to comply with the requirements of this
5Section while called to active duty, the Secretary of State
6shall not characterize the permit as invalid.
7    (i) A school bus driver permit holder who is a service
8member returning from active duty must, within 90 days, renew
9a permit characterized as inactive pursuant to subsection (h)
10of this Section by complying with the renewal requirements of
11subsection (b) of this Section.
12    (j) For purposes of subsections (h) and (i) of this
13Section:
14    "Active duty" means active duty pursuant to an executive
15order of the President of the United States, an act of the
16Congress of the United States, or an order of the Governor.
17    "Service member" means a member of the Armed Services or
18reserve forces of the United States or a member of the Illinois
19National Guard.
20    (k) A private carrier employer of a school bus driver
21permit holder, having satisfied the employer requirements of
22this Section, shall be held to a standard of ordinary care for
23intentional acts committed in the course of employment by the
24bus driver permit holder. This subsection (k) shall in no way
25limit the liability of the private carrier employer for
26violation of any provision of this Section or for the

 

 

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1negligent hiring or retention of a school bus driver permit
2holder.
3(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
 
4    (625 ILCS 5/6-205)
5    Sec. 6-205. Mandatory revocation of license or permit;
6hardship cases.
7    (a) Except as provided in this Section, the Secretary of
8State shall immediately revoke the license, permit, or driving
9privileges of any driver upon receiving a report of the
10driver's conviction of any of the following offenses:
11        1. Reckless homicide resulting from the operation of a
12    motor vehicle;
13        2. Violation of Section 11-501 of this Code or a
14    similar provision of a local ordinance relating to the
15    offense of operating or being in physical control of a
16    vehicle while under the influence of alcohol, other drug
17    or drugs, intoxicating compound or compounds, or any
18    combination thereof;
19        3. Any felony under the laws of any State or the
20    federal government in the commission of which a motor
21    vehicle was used;
22        4. Violation of Section 11-401 of this Code relating
23    to the offense of leaving the scene of a traffic accident
24    involving death or personal injury;
25        5. Perjury or the making of a false affidavit or

 

 

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1    statement under oath to the Secretary of State under this
2    Code or under any other law relating to the ownership or
3    operation of motor vehicles;
4        6. Conviction upon 3 charges of violation of Section
5    11-503 of this Code relating to the offense of reckless
6    driving committed within a period of 12 months;
7        7. Conviction of any offense defined in Section 4-102
8    of this Code if the person exercised actual physical
9    control over the vehicle during the commission of the
10    offense;
11        8. Violation of Section 11-504 of this Code relating
12    to the offense of drag racing;
13        9. Violation of Chapters 8 and 9 of this Code;
14        10. Violation of Section 12-5 of the Criminal Code of
15    1961 or the Criminal Code of 2012 arising from the use of a
16    motor vehicle;
17        11. Violation of Section 11-204.1 of this Code
18    relating to aggravated fleeing or attempting to elude a
19    peace officer;
20        12. Violation of paragraph (1) of subsection (b) of
21    Section 6-507, or a similar law of any other state,
22    relating to the unlawful operation of a commercial motor
23    vehicle;
24        13. Violation of paragraph (a) of Section 11-502 of
25    this Code or a similar provision of a local ordinance if
26    the driver has been previously convicted of a violation of

 

 

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1    that Section or a similar provision of a local ordinance
2    and the driver was less than 21 years of age at the time of
3    the offense;
4        14. Violation of paragraph (a) of Section 11-506 of
5    this Code or a similar provision of a local ordinance
6    relating to the offense of street racing;
7        15. A second or subsequent conviction of driving while
8    the person's driver's license, permit or privileges was
9    revoked for reckless homicide or a similar out-of-state
10    offense;
11        16. Any offense against any provision in this Code, or
12    any local ordinance, regulating the movement of traffic
13    when that offense was the proximate cause of the death of
14    any person. Any person whose driving privileges have been
15    revoked pursuant to this paragraph may seek to have the
16    revocation terminated or to have the length of revocation
17    reduced by requesting an administrative hearing with the
18    Secretary of State prior to the projected driver's license
19    application eligibility date;
20        17. Violation of subsection (a-2) of Section 11-1301.3
21    of this Code or a similar provision of a local ordinance;
22        18. A second or subsequent conviction of illegal
23    possession, while operating or in actual physical control,
24    as a driver, of a motor vehicle, of any controlled
25    substance prohibited under the Illinois Controlled
26    Substances Act, any cannabis prohibited under the Cannabis

 

 

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1    Control Act, or any methamphetamine prohibited under the
2    Methamphetamine Control and Community Protection Act. A
3    defendant found guilty of this offense while operating a
4    motor vehicle shall have an entry made in the court record
5    by the presiding judge that this offense did occur while
6    the defendant was operating a motor vehicle and order the
7    clerk of the court to report the violation to the
8    Secretary of State;
9        19. Violation of subsection (a) of Section 11-1414 of
10    this Code, or a similar provision of a local ordinance,
11    relating to the offense of overtaking or passing of a
12    school bus when the driver, in committing the violation,
13    is involved in a motor vehicle accident that results in
14    death to another and the violation is a proximate cause of
15    the death.
16    (b) The Secretary of State shall also immediately revoke
17the license or permit of any driver in the following
18situations:
19        1. Of any minor upon receiving the notice provided for
20    in Section 5-901 of the Juvenile Court Act of 1987 that the
21    minor has been adjudicated under that Act as having
22    committed an offense relating to motor vehicles prescribed
23    in Section 4-103 of this Code;
24        2. Of any person when any other law of this State
25    requires either the revocation or suspension of a license
26    or permit;

 

 

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1        3. Of any person adjudicated under the Juvenile Court
2    Act of 1987 based on an offense determined to have been
3    committed in furtherance of the criminal activities of an
4    organized gang as provided in Section 5-710 of that Act,
5    and that involved the operation or use of a motor vehicle
6    or the use of a driver's license or permit. The revocation
7    shall remain in effect for the period determined by the
8    court.
9    (c)(1) Whenever a person is convicted of any of the
10offenses enumerated in this Section, the court may recommend
11and the Secretary of State in his discretion, without regard
12to whether the recommendation is made by the court may, upon
13application, issue to the person a restricted driving permit
14granting the privilege of driving a motor vehicle between the
15petitioner's residence and petitioner's place of employment or
16within the scope of the petitioner's employment related
17duties, or to allow the petitioner to transport himself or
18herself or a family member of the petitioner's household to a
19medical facility for the receipt of necessary medical care or
20to allow the petitioner to transport himself or herself to and
21from alcohol or drug remedial or rehabilitative activity
22recommended by a licensed service provider, or to allow the
23petitioner to transport himself or herself or a family member
24of the petitioner's household to classes, as a student, at an
25accredited educational institution, or to allow the petitioner
26to transport children, elderly persons, or persons with

 

 

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1disabilities who do not hold driving privileges and are living
2in the petitioner's household to and from daycare; if the
3petitioner is able to demonstrate that no alternative means of
4transportation is reasonably available and that the petitioner
5will not endanger the public safety or welfare; provided that
6the Secretary's discretion shall be limited to cases where
7undue hardship, as defined by the rules of the Secretary of
8State, would result from a failure to issue the restricted
9driving permit.
10    (1.5) A person subject to the provisions of paragraph 4 of
11subsection (b) of Section 6-208 of this Code may make
12application for a restricted driving permit at a hearing
13conducted under Section 2-118 of this Code after the
14expiration of 5 years from the effective date of the most
15recent revocation, or after 5 years from the date of release
16from a period of imprisonment resulting from a conviction of
17the most recent offense, whichever is later, provided the
18person, in addition to all other requirements of the
19Secretary, shows by clear and convincing evidence:
20        (A) a minimum of 3 years of uninterrupted abstinence
21    from alcohol and the unlawful use or consumption of
22    cannabis under the Cannabis Control Act, a controlled
23    substance under the Illinois Controlled Substances Act, an
24    intoxicating compound under the Use of Intoxicating
25    Compounds Act, or methamphetamine under the
26    Methamphetamine Control and Community Protection Act; and

 

 

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1        (B) the successful completion of any rehabilitative
2    treatment and involvement in any ongoing rehabilitative
3    activity that may be recommended by a properly licensed
4    service provider according to an assessment of the
5    person's alcohol or drug use under Section 11-501.01 of
6    this Code.
7    In determining whether an applicant is eligible for a
8restricted driving permit under this paragraph (1.5), the
9Secretary may consider any relevant evidence, including, but
10not limited to, testimony, affidavits, records, and the
11results of regular alcohol or drug tests. Persons subject to
12the provisions of paragraph 4 of subsection (b) of Section
136-208 of this Code and who have been convicted of more than one
14violation of paragraph (3), paragraph (4), or paragraph (5) of
15subsection (a) of Section 11-501 of this Code shall not be
16eligible to apply for a restricted driving permit.
17    A restricted driving permit issued under this paragraph
18(1.5) shall provide that the holder may only operate motor
19vehicles equipped with an ignition interlock device as
20required under paragraph (2) of subsection (c) of this Section
21and subparagraph (A) of paragraph 3 of subsection (c) of
22Section 6-206 of this Code. The Secretary may revoke a
23restricted driving permit or amend the conditions of a
24restricted driving permit issued under this paragraph (1.5) if
25the holder operates a vehicle that is not equipped with an
26ignition interlock device, or for any other reason authorized

 

 

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1under this Code.
2    A restricted driving permit issued under this paragraph
3(1.5) shall be revoked, and the holder barred from applying
4for or being issued a restricted driving permit in the future,
5if the holder is subsequently convicted of a violation of
6Section 11-501 of this Code, a similar provision of a local
7ordinance, or a similar offense in another state.
8    (2) If a person's license or permit is revoked or
9suspended due to 2 or more convictions of violating Section
1011-501 of this Code or a similar provision of a local ordinance
11or a similar out-of-state offense, or Section 9-3 of the
12Criminal Code of 1961 or the Criminal Code of 2012, where the
13use of alcohol or other drugs is recited as an element of the
14offense, or a similar out-of-state offense, or a combination
15of these offenses, arising out of separate occurrences, that
16person, if issued a restricted driving permit, may not operate
17a vehicle unless it has been equipped with an ignition
18interlock device as defined in Section 1-129.1.
19    (3) If:
20        (A) a person's license or permit is revoked or
21    suspended 2 or more times due to any combination of:
22            (i) a single conviction of violating Section
23        11-501 of this Code or a similar provision of a local
24        ordinance or a similar out-of-state offense, or
25        Section 9-3 of the Criminal Code of 1961 or the
26        Criminal Code of 2012, where the use of alcohol or

 

 

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1        other drugs is recited as an element of the offense, or
2        a similar out-of-state offense; or
3            (ii) a statutory summary suspension or revocation
4        under Section 11-501.1; or
5            (iii) a suspension pursuant to Section 6-203.1;
6    arising out of separate occurrences; or
7        (B) a person has been convicted of one violation of
8    subparagraph (C) or (F) of paragraph (1) of subsection (d)
9    of Section 11-501 of this Code, Section 9-3 of the
10    Criminal Code of 1961 or the Criminal Code of 2012,
11    relating to the offense of reckless homicide where the use
12    of alcohol or other drugs was recited as an element of the
13    offense, or a similar provision of a law of another state;
14that person, if issued a restricted driving permit, may not
15operate a vehicle unless it has been equipped with an ignition
16interlock device as defined in Section 1-129.1.
17    (4) The person issued a permit conditioned on the use of an
18ignition interlock device must pay to the Secretary of State
19DUI Administration Fund an amount not to exceed $30 per month.
20The Secretary shall establish by rule the amount and the
21procedures, terms, and conditions relating to these fees.
22    (5) If the restricted driving permit is issued for
23employment purposes, then the prohibition against operating a
24motor vehicle that is not equipped with an ignition interlock
25device does not apply to the operation of an occupational
26vehicle owned or leased by that person's employer when used

 

 

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

 

 

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1holder does not successfully complete the program. However, if
2an individual's driving privileges have been revoked in
3accordance with paragraph 13 of subsection (a) of this
4Section, no restricted driving permit shall be issued until
5the individual has served 6 months of the revocation period.
6    (c-5) (Blank).
7    (c-6) If a person is convicted of a second violation of
8operating a motor vehicle while the person's driver's license,
9permit or privilege was revoked, where the revocation was for
10a violation of Section 9-3 of the Criminal Code of 1961 or the
11Criminal Code of 2012 relating to the offense of reckless
12homicide or a similar out-of-state offense, the person's
13driving privileges shall be revoked pursuant to subdivision
14(a)(15) of this Section. The person may not make application
15for a license or permit until the expiration of five years from
16the effective date of the revocation or the expiration of five
17years from the date of release from a term of imprisonment,
18whichever is later.
19    (c-7) If a person is convicted of a third or subsequent
20violation of operating a motor vehicle while the person's
21driver's license, permit or privilege was revoked, where the
22revocation was for a violation of Section 9-3 of the Criminal
23Code of 1961 or the Criminal Code of 2012 relating to the
24offense of reckless homicide or a similar out-of-state
25offense, the person may never apply for a license or permit.
26    (d)(1) Whenever a person under the age of 21 is convicted

 

 

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1under Section 11-501 of this Code or a similar provision of a
2local ordinance or a similar out-of-state offense, the
3Secretary of State shall revoke the driving privileges of that
4person. One year after the date of revocation, and upon
5application, the Secretary of State may, if satisfied that the
6person applying will not endanger the public safety or
7welfare, issue a restricted driving permit granting the
8privilege of driving a motor vehicle only between the hours of
95 a.m. and 9 p.m. or as otherwise provided by this Section for
10a period of one year. After this one-year period, and upon
11reapplication for a license as provided in Section 6-106, upon
12payment of the appropriate reinstatement fee provided under
13paragraph (b) of Section 6-118, the Secretary of State, in his
14discretion, may reinstate the petitioner's driver's license
15and driving privileges, or extend the restricted driving
16permit as many times as the Secretary of State deems
17appropriate, by additional periods of not more than 24 months
18each.
19        (2) If a person's license or permit is revoked or
20    suspended due to 2 or more convictions of violating
21    Section 11-501 of this Code or a similar provision of a
22    local ordinance or a similar out-of-state offense, or
23    Section 9-3 of the Criminal Code of 1961 or the Criminal
24    Code of 2012, where the use of alcohol or other drugs is
25    recited as an element of the offense, or a similar
26    out-of-state offense, or a combination of these offenses,

 

 

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1    arising out of separate occurrences, that person, if
2    issued a restricted driving permit, may not operate a
3    vehicle unless it has been equipped with an ignition
4    interlock device as defined in Section 1-129.1.
5        (3) If a person's license or permit is revoked or
6    suspended 2 or more times due to any combination of:
7            (A) a single conviction of violating Section
8        11-501 of this Code or a similar provision of a local
9        ordinance or a similar out-of-state offense, or
10        Section 9-3 of the Criminal Code of 1961 or the
11        Criminal Code of 2012, where the use of alcohol or
12        other drugs is recited as an element of the offense, or
13        a similar out-of-state offense; or
14            (B) a statutory summary suspension or revocation
15        under Section 11-501.1; or
16            (C) a suspension pursuant to Section 6-203.1;
17    arising out of separate occurrences, that person, if
18    issued a restricted driving permit, may not operate a
19    vehicle unless it has been equipped with an ignition
20    interlock device as defined in Section 1-129.1.
21        (3.5) If a person's license or permit is revoked or
22    suspended due to a conviction for a violation of
23    subparagraph (C) or (F) of paragraph (1) of subsection (d)
24    of Section 11-501 of this Code, or a similar provision of a
25    local ordinance or similar out-of-state offense, that
26    person, if issued a restricted driving permit, may not

 

 

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

 

 

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1    suspension by the Secretary of State in like manner and
2    for like cause as a driver's license issued under this
3    Code may be cancelled, revoked, or suspended; except that
4    a conviction upon one or more offenses against laws or
5    ordinances regulating the movement of traffic shall be
6    deemed sufficient cause for the revocation, suspension, or
7    cancellation of a restricted driving permit.
8    (d-5) The revocation of the license, permit, or driving
9privileges of a person convicted of a third or subsequent
10violation of Section 6-303 of this Code committed while his or
11her driver's license, permit, or privilege was revoked because
12of a violation of Section 9-3 of the Criminal Code of 1961 or
13the Criminal Code of 2012, relating to the offense of reckless
14homicide, or a similar provision of a law of another state, is
15permanent. The Secretary may not, at any time, issue a license
16or permit to that person.
17    (e) This Section is subject to the provisions of the
18Driver License Compact.
19    (f) Any revocation imposed upon any person under
20subsections 2 and 3 of paragraph (b) that is in effect on
21December 31, 1988 shall be converted to a suspension for a like
22period of time.
23    (g) The Secretary of State shall not issue a restricted
24driving permit to a person under the age of 16 years whose
25driving privileges have been revoked under any provisions of
26this Code.

 

 

SB0698 Engrossed- 38 -LRB102 10213 HEP 15536 b

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

 

 

SB0698 Engrossed- 39 -LRB102 10213 HEP 15536 b

1    (k) The Secretary of State shall notify by mail any person
2whose driving privileges have been revoked under paragraph 16
3of subsection (a) of this Section that his or her driving
4privileges and driver's license will be revoked 90 days from
5the date of the mailing of the notice.
6(Source: P.A. 100-223, eff. 8-18-17; 100-803, eff. 1-1-19;
7101-623, eff. 7-1-20.)
 
8    (625 ILCS 5/6-206)
9    (Text of Section before amendment by P.A. 101-90, 101-470,
10and 101-623)
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
15preliminary hearing upon a showing of the person's records or
16other sufficient evidence that the person:
17        1. Has committed an offense for which mandatory
18    revocation of a driver's license or permit is required
19    upon 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 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
3    under 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
12    this State when the person's driving privilege or
13    privilege to obtain a driver's license or permit was
14    revoked or suspended unless the operation was authorized
15    by a monitoring device driving permit, judicial driving
16    permit issued prior to January 1, 2009, probationary
17    license to drive, or a restricted driving permit issued
18    under this 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
25    this State when the person's driver's license or permit
26    was invalid under the provisions of Sections 6-107.1 and

 

 

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1    6-110;
2        14. Has committed a violation of Section 6-301,
3    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
4    14B of the Illinois Identification Card Act;
5        15. Has been convicted of violating Section 21-2 of
6    the Criminal Code of 1961 or the Criminal Code of 2012
7    relating to criminal trespass to vehicles in which case,
8    the suspension shall be for one year;
9        16. Has been convicted of violating Section 11-204 of
10    this Code relating to fleeing from a peace officer;
11        17. Has refused to submit to a test, or tests, as
12    required under Section 11-501.1 of this Code and the
13    person has not sought a hearing as provided for in Section
14    11-501.1;
15        18. Has, since issuance of a driver's license or
16    permit, been adjudged to be afflicted with or suffering
17    from any mental disability or disease;
18        19. Has committed a violation of paragraph (a) or (b)
19    of Section 6-101 relating to driving without a driver's
20    license;
21        20. Has been convicted of violating Section 6-104
22    relating to classification of driver's license;
23        21. Has been convicted of violating Section 11-402 of
24    this Code relating to leaving the scene of an accident
25    resulting in damage to a vehicle in excess of $1,000, in
26    which case the suspension shall be for one year;

 

 

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

 

 

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

 

 

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1        30. Has been convicted a second or subsequent time for
2    any combination of the offenses named in paragraph 29 of
3    this subsection, in which case the person's driving
4    privileges shall be suspended for 5 years;
5        31. Has refused to submit to a test as required by
6    Section 11-501.6 of this Code or Section 5-16c of the Boat
7    Registration and Safety Act or has submitted to a test
8    resulting in an alcohol concentration of 0.08 or more or
9    any amount of a drug, substance, or compound resulting
10    from the unlawful use or consumption of cannabis as listed
11    in the Cannabis Control Act, a controlled substance as
12    listed in the Illinois Controlled Substances Act, an
13    intoxicating compound as listed in the Use of Intoxicating
14    Compounds Act, or methamphetamine as listed in the
15    Methamphetamine Control and Community Protection Act, in
16    which case the penalty shall be as prescribed in Section
17    6-208.1;
18        32. Has been convicted of Section 24-1.2 of the
19    Criminal Code of 1961 or the Criminal Code of 2012
20    relating to the aggravated discharge of a firearm if the
21    offender was located in a motor vehicle at the time the
22    firearm was discharged, in which case the suspension shall
23    be for 3 years;
24        33. Has as a driver, who was less than 21 years of age
25    on the date of the offense, been convicted a first time of
26    a violation of paragraph (a) of Section 11-502 of this

 

 

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1    Code or a similar provision of a local ordinance;
2        34. Has committed a violation of Section 11-1301.5 of
3    this Code or a similar provision of a local ordinance;
4        35. Has committed a violation of Section 11-1301.6 of
5    this Code or a similar provision of a local ordinance;
6        36. Is under the age of 21 years at the time of arrest
7    and has been convicted of not less than 2 offenses against
8    traffic regulations governing the movement of vehicles
9    committed within any 24-month 24 month period. No
10    revocation or suspension shall be entered more than 6
11    months after the date of last conviction;
12        37. Has committed a violation of subsection (c) of
13    Section 11-907 of this Code that resulted in damage to the
14    property of another or the death or injury of another;
15        38. Has been convicted of a violation of Section 6-20
16    of the Liquor Control Act of 1934 or a similar provision of
17    a local ordinance;
18        39. Has committed a second or subsequent violation of
19    Section 11-1201 of this Code;
20        40. Has committed a violation of subsection (a-1) of
21    Section 11-908 of this Code;
22        41. Has committed a second or subsequent violation of
23    Section 11-605.1 of this Code, a similar provision of a
24    local ordinance, or a similar violation in any other state
25    within 2 years of the date of the previous violation, in
26    which case the suspension shall be for 90 days;

 

 

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1        42. Has committed a violation of subsection (a-1) of
2    Section 11-1301.3 of this Code or a similar provision of a
3    local ordinance;
4        43. Has received a disposition of court supervision
5    for a violation of subsection (a), (d), or (e) of Section
6    6-20 of the Liquor Control Act of 1934 or a similar
7    provision of a local ordinance, in which case the
8    suspension shall be for a period of 3 months;
9        44. Is under the age of 21 years at the time of arrest
10    and has been convicted of an offense against traffic
11    regulations governing the movement of vehicles after
12    having previously had his or her driving privileges
13    suspended or revoked pursuant to subparagraph 36 of this
14    Section;
15        45. Has, in connection with or during the course of a
16    formal hearing conducted under Section 2-118 of this Code:
17    (i) committed perjury; (ii) submitted fraudulent or
18    falsified documents; (iii) submitted documents that have
19    been materially altered; or (iv) submitted, as his or her
20    own, documents that were in fact prepared or composed for
21    another person;
22        46. Has committed a violation of subsection (j) of
23    Section 3-413 of this Code;
24        47. Has committed a violation of Section 11-502.1 of
25    this Code; or
26        48. Has submitted a falsified or altered medical

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1mailing of the notice.
2    (c-5) The Secretary of State may, as a condition of the
3reissuance of a driver's license or permit to an applicant
4whose driver's license or permit has been suspended before he
5or she reached the age of 21 years pursuant to any of the
6provisions of this Section, require the applicant to
7participate in a driver remedial education course and be
8retested under Section 6-109 of this Code.
9    (d) This Section is subject to the provisions of the
10Driver Drivers License Compact.
11    (e) The Secretary of State shall not issue a restricted
12driving permit to a person under the age of 16 years whose
13driving privileges have been suspended or revoked under any
14provisions of this Code.
15    (f) In accordance with 49 C.F.R. 384, the Secretary of
16State may not issue a restricted driving permit for the
17operation of a commercial motor vehicle to a person holding a
18CDL whose driving privileges have been suspended, revoked,
19cancelled, or disqualified under any provisions of this Code.
20(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
2199-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff.
227-22-16; 99-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
 
23    (Text of Section after amendment by P.A. 101-90, 101-470,
24and 101-623)
25    Sec. 6-206. Discretionary authority to suspend or revoke

 

 

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1license or permit; right to a hearing.
2    (a) The Secretary of State is authorized to suspend or
3revoke the driving privileges of any person without
4preliminary hearing upon a showing of the person's records or
5other sufficient evidence that the person:
6        1. Has committed an offense for which mandatory
7    revocation of a driver's license or permit is required
8    upon conviction;
9        2. Has been convicted of not less than 3 offenses
10    against traffic regulations governing the movement of
11    vehicles committed within any 12-month 12 month period. No
12    revocation or suspension shall be entered more than 6
13    months after the date of last conviction;
14        3. Has been repeatedly involved as a driver in motor
15    vehicle collisions or has been repeatedly convicted of
16    offenses against laws and ordinances regulating the
17    movement of traffic, to a degree that indicates lack of
18    ability to exercise ordinary and reasonable care in the
19    safe operation of a motor vehicle or disrespect for the
20    traffic laws and the safety of other persons upon the
21    highway;
22        4. Has by the unlawful operation of a motor vehicle
23    caused or contributed to an accident resulting in injury
24    requiring immediate professional treatment in a medical
25    facility or doctor's office to any person, except that any
26    suspension or revocation imposed by the Secretary of State

 

 

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1    under the provisions of this subsection shall start no
2    later than 6 months after being convicted of violating a
3    law or ordinance regulating the movement of traffic, which
4    violation is related to the accident, or shall start not
5    more than one year after the date of the accident,
6    whichever date occurs later;
7        5. Has permitted an unlawful or fraudulent use of a
8    driver's license, identification card, or permit;
9        6. Has been lawfully convicted of an offense or
10    offenses in another state, including the authorization
11    contained in Section 6-203.1, which if committed within
12    this State would be grounds for suspension or revocation;
13        7. Has refused or failed to submit to an examination
14    provided for by Section 6-207 or has failed to pass the
15    examination;
16        8. Is ineligible for a driver's license or permit
17    under the provisions of Section 6-103;
18        9. Has made a false statement or knowingly concealed a
19    material fact or has used false information or
20    identification in any application for a license,
21    identification card, or permit;
22        10. Has possessed, displayed, or attempted to
23    fraudulently use any license, identification card, or
24    permit not issued to the person;
25        11. Has operated a motor vehicle upon a highway of
26    this State when the person's driving privilege or

 

 

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1    privilege to obtain a driver's license or permit was
2    revoked or suspended unless the operation was authorized
3    by a monitoring device driving permit, judicial driving
4    permit issued prior to January 1, 2009, probationary
5    license to drive, or a restricted driving permit issued
6    under this Code;
7        12. Has submitted to any portion of the application
8    process for another person or has obtained the services of
9    another person to submit to any portion of the application
10    process for the purpose of obtaining a license,
11    identification card, or permit for some other person;
12        13. Has operated a motor vehicle upon a highway of
13    this State when the person's driver's license or permit
14    was invalid under the provisions of Sections 6-107.1 and
15    6-110;
16        14. Has committed a violation of Section 6-301,
17    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
18    14B of the Illinois Identification Card Act;
19        15. Has been convicted of violating Section 21-2 of
20    the Criminal Code of 1961 or the Criminal Code of 2012
21    relating to criminal trespass to vehicles if the person
22    exercised actual physical control over the vehicle during
23    the commission of the offense, in which case the
24    suspension shall be for one year;
25        16. Has been convicted of violating Section 11-204 of
26    this Code relating to fleeing from a peace officer;

 

 

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1        17. Has refused to submit to a test, or tests, as
2    required under Section 11-501.1 of this Code and the
3    person has not sought a hearing as provided for in Section
4    11-501.1;
5        18. (Blank);
6        19. Has committed a violation of paragraph (a) or (b)
7    of Section 6-101 relating to driving without a driver's
8    license;
9        20. Has been convicted of violating Section 6-104
10    relating to classification of driver's license;
11        21. Has been convicted of violating Section 11-402 of
12    this Code relating to leaving the scene of an accident
13    resulting in damage to a vehicle in excess of $1,000, in
14    which case the suspension shall be for one year;
15        22. Has used a motor vehicle in violating paragraph
16    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
17    the Criminal Code of 1961 or the Criminal Code of 2012
18    relating to unlawful use of weapons, in which case the
19    suspension shall be for one year;
20        23. Has, as a driver, been convicted of committing a
21    violation of paragraph (a) of Section 11-502 of this Code
22    for a second or subsequent time within one year of a
23    similar violation;
24        24. Has been convicted by a court-martial or punished
25    by non-judicial punishment by military authorities of the
26    United States at a military installation in Illinois or in

 

 

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1    another state of or for a traffic-related traffic related
2    offense that is the same as or similar to an offense
3    specified under Section 6-205 or 6-206 of this Code;
4        25. Has permitted any form of identification to be
5    used by another in the application process in order to
6    obtain or attempt to obtain a license, identification
7    card, or permit;
8        26. Has altered or attempted to alter a license or has
9    possessed an altered license, identification card, or
10    permit;
11        27. (Blank);
12        28. Has been convicted for a first time of the illegal
13    possession, while operating or in actual physical control,
14    as a driver, of a motor vehicle, of any controlled
15    substance prohibited under the Illinois Controlled
16    Substances Act, any cannabis prohibited under the Cannabis
17    Control Act, or any methamphetamine prohibited under the
18    Methamphetamine Control and Community Protection Act, in
19    which case the person's driving privileges shall be
20    suspended for one year. Any defendant found guilty of this
21    offense while operating a motor vehicle, shall have an
22    entry made in the court record by the presiding judge that
23    this offense did occur while the defendant was operating a
24    motor vehicle and order the clerk of the court to report
25    the violation to the Secretary of State;
26        29. Has been convicted of the following offenses that

 

 

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

 

 

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1    Compounds Act, or methamphetamine as listed in the
2    Methamphetamine Control and Community Protection Act, in
3    which case the penalty shall be as prescribed in Section
4    6-208.1;
5        32. Has been convicted of Section 24-1.2 of the
6    Criminal Code of 1961 or the Criminal Code of 2012
7    relating to the aggravated discharge of a firearm if the
8    offender was located in a motor vehicle at the time the
9    firearm was discharged, in which case the suspension shall
10    be for 3 years;
11        33. Has as a driver, who was less than 21 years of age
12    on the date of the offense, been convicted a first time of
13    a violation of paragraph (a) of Section 11-502 of this
14    Code or a similar provision of a local ordinance;
15        34. Has committed a violation of Section 11-1301.5 of
16    this Code or a similar provision of a local ordinance;
17        35. Has committed a violation of Section 11-1301.6 of
18    this Code or a similar provision of a local ordinance;
19        36. Is under the age of 21 years at the time of arrest
20    and has been convicted of not less than 2 offenses against
21    traffic regulations governing the movement of vehicles
22    committed within any 24-month 24 month period. No
23    revocation or suspension shall be entered more than 6
24    months after the date of last conviction;
25        37. Has committed a violation of subsection (c) of
26    Section 11-907 of this Code that resulted in damage to the

 

 

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

 

 

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1    regulations governing the movement of vehicles after
2    having previously had his or her driving privileges
3    suspended or revoked pursuant to subparagraph 36 of this
4    Section;
5        45. Has, in connection with or during the course of a
6    formal hearing conducted under Section 2-118 of this Code:
7    (i) committed perjury; (ii) submitted fraudulent or
8    falsified documents; (iii) submitted documents that have
9    been materially altered; or (iv) submitted, as his or her
10    own, documents that were in fact prepared or composed for
11    another person;
12        46. Has committed a violation of subsection (j) of
13    Section 3-413 of this Code;
14        47. Has committed a violation of subsection (a) of
15    Section 11-502.1 of this Code;
16        48. Has submitted a falsified or altered medical
17    examiner's certificate to the Secretary of State or
18    provided false information to obtain a medical examiner's
19    certificate; or
20        49. Has been convicted of a violation of Section
21    11-1002 or 11-1002.5 that resulted in a Type A injury to
22    another, in which case the driving privileges of the
23    person shall be suspended for 12 months; or
24        50. Has committed a violation of subsection (b-5) of
25    Section 12-610.2 that resulted in great bodily harm,
26    permanent disability, or disfigurement, in which case the

 

 

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1    driving privileges of the person shall be suspended for 12
2    months.
3        49. Has committed a violation of subsection (b-5) of
4    Section 12-610.2 that resulted in great bodily harm,
5    permanent disability, or disfigurement, in which case the
6    driving privileges shall be suspended for 12 months.
7        49. Has been convicted of a violation of Section
8    11-1002 or 11-1002.5 that resulted in a Type A injury to
9    another, in which case the person's driving privileges
10    shall be suspended for 12 months.
11    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
12and 27 of this subsection, license means any driver's license,
13any traffic ticket issued when the person's driver's license
14is deposited in lieu of bail, a suspension notice issued by the
15Secretary of State, a duplicate or corrected driver's license,
16a probationary driver's license, or a temporary driver's
17license.
18    (b) If any conviction forming the basis of a suspension or
19revocation authorized under this Section is appealed, the
20Secretary of State may rescind or withhold the entry of the
21order of suspension or revocation, as the case may be,
22provided that a certified copy of a stay order of a court is
23filed with the Secretary of State. If the conviction is
24affirmed on appeal, the date of the conviction shall relate
25back to the time the original judgment of conviction was
26entered and the 6-month 6 month limitation prescribed shall

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    use of an ignition interlock device must pay to the
2    Secretary of State DUI Administration Fund an amount not
3    to exceed $30 per month. The Secretary shall establish by
4    rule the amount and the procedures, terms, and conditions
5    relating to these fees.
6        (D) If the restricted driving permit is issued for
7    employment purposes, then the prohibition against
8    operating a motor vehicle that is not equipped with an
9    ignition interlock device does not apply to the operation
10    of an occupational vehicle owned or leased by that
11    person's employer when used solely for employment
12    purposes. For any person who, within a 5-year period, is
13    convicted of a second or subsequent offense under Section
14    11-501 of this Code, or a similar provision of a local
15    ordinance or similar out-of-state offense, this employment
16    exemption does not apply until either a one-year period
17    has elapsed during which that person had his or her
18    driving privileges revoked or a one-year period has
19    elapsed during which that person had a restricted driving
20    permit which required the use of an ignition interlock
21    device on every motor vehicle owned or operated by that
22    person.
23        (E) In each case the Secretary may issue a restricted
24    driving permit for a period deemed appropriate, except
25    that all permits shall expire no later than 2 years from
26    the date of issuance. A restricted driving permit issued

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
2101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-21-20.)
 
3    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
4    Sec. 6-508. Commercial Driver's License (CDL) -
5qualification standards.
6    (a) Testing.
7        (1) General. No person shall be issued an original or
8    renewal CDL unless that person is domiciled in this State
9    or is applying for a non-domiciled CDL under Sections
10    6-509 and 6-510 of this Code. The Secretary shall cause to
11    be administered such tests as the Secretary deems
12    necessary to meet the requirements of 49 C.F.R. Part 383,
13    subparts F, G, H, and J.
14        (1.5) Effective July 1, 2014, no person shall be
15    issued an original CDL or an upgraded CDL that requires a
16    skills test unless that person has held a CLP, for a
17    minimum of 14 calendar days, for the classification of
18    vehicle and endorsement, if any, for which the person is
19    seeking a CDL.
20        (2) Third party testing. The Secretary of State may
21    authorize a "third party tester", pursuant to 49 C.F.R.
22    383.75 and 49 C.F.R. 384.228 and 384.229, to administer
23    the skills test or tests specified by the Federal Motor
24    Carrier Safety Administration pursuant to the Commercial
25    Motor Vehicle Safety Act of 1986 and any appropriate

 

 

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1    federal rule.
2        (3)(i) Effective February 7, 2020, unless the person
3    is exempted by 49 CFR 380.603, no person shall be issued an
4    original (first time issuance) CDL, an upgraded CDL or a
5    school bus (S), passenger (P), or hazardous Materials (H)
6    endorsement unless the person has successfully completed
7    entry-level driver training (ELDT) taught by a training
8    provider listed on the federal Training Provider Registry.
9        (ii) Persons who obtain a CLP before February 7, 2020
10    are not required to complete ELDT if the person obtains a
11    CDL before the CLP or renewed CLP expires.
12        (iii) Except for persons seeking the H endorsement,
13    persons must complete the theory and behind-the-wheel
14    (range and public road) portions of ELDT within one year
15    of completing the first portion.
16        (iv) The Secretary shall adopt rules to implement this
17    subsection.
18    (b) Waiver of Skills Test. The Secretary of State may
19waive the skills test specified in this Section for a driver
20applicant for a commercial driver license who meets the
21requirements of 49 C.F.R. 383.77. The Secretary of State shall
22waive the skills tests specified in this Section for a driver
23applicant who has military commercial motor vehicle
24experience, subject to the requirements of 49 C.F.R. 383.77.
25    (b-1) No person shall be issued a CDL unless the person
26certifies to the Secretary one of the following types of

 

 

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1driving operations in which he or she will be engaged:
2        (1) non-excepted interstate;
3        (2) non-excepted intrastate;
4        (3) excepted interstate; or
5        (4) excepted intrastate.
6    (b-2) (Blank).
7    (c) Limitations on issuance of a CDL. A CDL shall not be
8issued to a person while the person is subject to a
9disqualification from driving a commercial motor vehicle, or
10unless otherwise permitted by this Code, while the person's
11driver's license is suspended, revoked or cancelled in any
12state, or any territory or province of Canada; nor may a CLP or
13CDL be issued to a person who has a CLP or CDL issued by any
14other state, or foreign jurisdiction, nor may a CDL be issued
15to a person who has an Illinois CLP unless the person first
16surrenders all of these licenses or permits. However, a person
17may hold an Illinois CLP and an Illinois CDL providing the CLP
18is necessary to train or practice for an endorsement or
19vehicle classification not present on the current CDL. No CDL
20shall be issued to or renewed for a person who does not meet
21the requirement of 49 CFR 391.41(b)(11). The requirement may
22be met with the aid of a hearing aid.
23    (c-1) The Secretary may issue a CDL with a school bus
24driver endorsement to allow a person to drive the type of bus
25described in subsection (d-5) of Section 6-104 of this Code.
26The CDL with a school bus driver endorsement may be issued only

 

 

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1to a person meeting the following requirements:
2        (1) the person has submitted his or her fingerprints
3    to the Department of State Police in the form and manner
4    prescribed by the Department of State Police. These
5    fingerprints shall be checked against the fingerprint
6    records now and hereafter filed in the Department of State
7    Police and Federal Bureau of Investigation criminal
8    history records databases;
9        (2) the person has passed a written test, administered
10    by the Secretary of State, on charter bus operation,
11    charter bus safety, and certain special traffic laws
12    relating to school buses determined by the Secretary of
13    State to be relevant to charter buses, and submitted to a
14    review of the driver applicant's driving habits by the
15    Secretary of State at the time the written test is given;
16        (3) the person has demonstrated physical fitness to
17    operate school buses by submitting the results of a
18    medical examination, including tests for drug use; and
19        (4) the person has not been convicted of committing or
20    attempting to commit any one or more of the following
21    offenses: (i) those offenses defined in Sections 8-1.2,
22    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
23    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
24    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
25    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
26    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,

 

 

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1    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
2    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
3    11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
4    12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
5    12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4,
6    12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
7    12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20,
8    12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
9    18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
10    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
11    24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1,
12    and in subsection (b) of Section 8-1, and in subdivisions
13    (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4),
14    and (f)(1) of Section 12-3.05, and in subsection (a) and
15    subsection (b), clause (1), of Section 12-4, and in
16    subsection (A), clauses (a) and (b), of Section 24-3, and
17    those offenses contained in Article 29D of the Criminal
18    Code of 1961 or the Criminal Code of 2012; (ii) those
19    offenses defined in the Cannabis Control Act except those
20    offenses defined in subsections (a) and (b) of Section 4,
21    and subsection (a) of Section 5 of the Cannabis Control
22    Act; (iii) those offenses defined in the Illinois
23    Controlled Substances Act; (iv) those offenses defined in
24    the Methamphetamine Control and Community Protection Act;
25    (v) any offense committed or attempted in any other state
26    or against the laws of the United States, which if

 

 

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1    committed or attempted in this State would be punishable
2    as one or more of the foregoing offenses; (vi) the
3    offenses defined in Sections 4.1 and 5.1 of the Wrongs to
4    Children Act or Section 11-9.1A of the Criminal Code of
5    1961 or the Criminal Code of 2012; (vii) those offenses
6    defined in Section 6-16 of the Liquor Control Act of 1934;
7    and (viii) those offenses defined in the Methamphetamine
8    Precursor Control Act.
9    The Department of State Police shall charge a fee for
10conducting the criminal history records check, which shall be
11deposited into the State Police Services Fund and may not
12exceed the actual cost of the records check.
13    (c-2) The Secretary shall issue a CDL with a school bus
14endorsement to allow a person to drive a school bus as defined
15in this Section. The CDL shall be issued according to the
16requirements outlined in 49 C.F.R. 383. A person may not
17operate a school bus as defined in this Section without a
18school bus endorsement. The Secretary of State may adopt rules
19consistent with Federal guidelines to implement this
20subsection (c-2).
21    (d) (Blank).
22(Source: P.A. 101-185, eff. 1-1-20.)
 
23    Section 15. The Unified Code of Corrections is amended by
24changing Section 5-6-3.1 as follows:
 

 

 

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1    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
2    Sec. 5-6-3.1. Incidents and conditions of supervision.
3    (a) When a defendant is placed on supervision, the court
4shall enter an order for supervision specifying the period of
5such supervision, and shall defer further proceedings in the
6case until the conclusion of the period.
7    (b) The period of supervision shall be reasonable under
8all of the circumstances of the case, but may not be longer
9than 2 years, unless the defendant has failed to pay the
10assessment required by Section 10.3 of the Cannabis Control
11Act, Section 411.2 of the Illinois Controlled Substances Act,
12or Section 80 of the Methamphetamine Control and Community
13Protection Act, in which case the court may extend supervision
14beyond 2 years. Additionally, the court shall order the
15defendant to perform no less than 30 hours of community
16service and not more than 120 hours of community service, if
17community service is available in the jurisdiction and is
18funded and approved by the county board where the offense was
19committed, when the offense (1) was related to or in
20furtherance of the criminal activities of an organized gang or
21was motivated by the defendant's membership in or allegiance
22to an organized gang; or (2) is a violation of any Section of
23Article 24 of the Criminal Code of 1961 or the Criminal Code of
242012 where a disposition of supervision is not prohibited by
25Section 5-6-1 of this Code. The community service shall
26include, but not be limited to, the cleanup and repair of any

 

 

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1damage caused by violation of Section 21-1.3 of the Criminal
2Code of 1961 or the Criminal Code of 2012 and similar damages
3to property located within the municipality or county in which
4the violation occurred. Where possible and reasonable, the
5community service should be performed in the offender's
6neighborhood.
7    For the purposes of this Section, "organized gang" has the
8meaning ascribed to it in Section 10 of the Illinois
9Streetgang Terrorism Omnibus Prevention Act.
10    (c) The court may in addition to other reasonable
11conditions relating to the nature of the offense or the
12rehabilitation of the defendant as determined for each
13defendant in the proper discretion of the court require that
14the person:
15        (1) make a report to and appear in person before or
16    participate with the court or such courts, person, or
17    social service agency as directed by the court in the
18    order of supervision;
19        (2) pay a fine and costs;
20        (3) work or pursue a course of study or vocational
21    training;
22        (4) undergo medical, psychological or psychiatric
23    treatment; or treatment for drug addiction or alcoholism;
24        (5) attend or reside in a facility established for the
25    instruction or residence of defendants on probation;
26        (6) support his dependents;

 

 

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1        (7) refrain from possessing a firearm or other
2    dangerous weapon;
3        (8) and in addition, if a minor:
4            (i) reside with his parents or in a foster home;
5            (ii) attend school;
6            (iii) attend a non-residential program for youth;
7            (iv) contribute to his own support at home or in a
8        foster home; or
9            (v) with the consent of the superintendent of the
10        facility, attend an educational program at a facility
11        other than the school in which the offense was
12        committed if he or she is placed on supervision for a
13        crime of violence as defined in Section 2 of the Crime
14        Victims Compensation Act committed in a school, on the
15        real property comprising a school, or within 1,000
16        feet of the real property comprising a school;
17        (9) make restitution or reparation in an amount not to
18    exceed actual loss or damage to property and pecuniary
19    loss or make restitution under Section 5-5-6 to a domestic
20    violence shelter. The court shall determine the amount and
21    conditions of payment;
22        (10) perform some reasonable public or community
23    service;
24        (11) comply with the terms and conditions of an order
25    of protection issued by the court pursuant to the Illinois
26    Domestic Violence Act of 1986 or an order of protection

 

 

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1    issued by the court of another state, tribe, or United
2    States territory. If the court has ordered the defendant
3    to make a report and appear in person under paragraph (1)
4    of this subsection, a copy of the order of protection
5    shall be transmitted to the person or agency so designated
6    by the court;
7        (12) reimburse any "local anti-crime program" as
8    defined in Section 7 of the Anti-Crime Advisory Council
9    Act for any reasonable expenses incurred by the program on
10    the offender's case, not to exceed the maximum amount of
11    the fine authorized for the offense for which the
12    defendant was sentenced;
13        (13) contribute a reasonable sum of money, not to
14    exceed the maximum amount of the fine authorized for the
15    offense for which the defendant was sentenced, (i) to a
16    "local anti-crime program", as defined in Section 7 of the
17    Anti-Crime Advisory Council Act, or (ii) for offenses
18    under the jurisdiction of the Department of Natural
19    Resources, to the fund established by the Department of
20    Natural Resources for the purchase of evidence for
21    investigation purposes and to conduct investigations as
22    outlined in Section 805-105 of the Department of Natural
23    Resources (Conservation) Law;
24        (14) refrain from entering into a designated
25    geographic area except upon such terms as the court finds
26    appropriate. Such terms may include consideration of the

 

 

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1    purpose of the entry, the time of day, other persons
2    accompanying the defendant, and advance approval by a
3    probation officer;
4        (15) refrain from having any contact, directly or
5    indirectly, with certain specified persons or particular
6    types of person, including but not limited to members of
7    street gangs and drug users or dealers;
8        (16) refrain from having in his or her body the
9    presence of any illicit drug prohibited by the Cannabis
10    Control Act, the Illinois Controlled Substances Act, or
11    the Methamphetamine Control and Community Protection Act,
12    unless prescribed by a physician, and submit samples of
13    his or her blood or urine or both for tests to determine
14    the presence of any illicit drug;
15        (17) refrain from operating any motor vehicle not
16    equipped with an ignition interlock device as defined in
17    Section 1-129.1 of the Illinois Vehicle Code; under this
18    condition the court may allow a defendant who is not
19    self-employed to operate a vehicle owned by the
20    defendant's employer that is not equipped with an ignition
21    interlock device in the course and scope of the
22    defendant's employment; and
23        (18) if placed on supervision for a sex offense as
24    defined in subsection (a-5) of Section 3-1-2 of this Code,
25    unless the offender is a parent or guardian of the person
26    under 18 years of age present in the home and no

 

 

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1    non-familial minors are present, not participate in a
2    holiday event involving children under 18 years of age,
3    such as distributing candy or other items to children on
4    Halloween, wearing a Santa Claus costume on or preceding
5    Christmas, being employed as a department store Santa
6    Claus, or wearing an Easter Bunny costume on or preceding
7    Easter.
8    (c-5) If payment of restitution as ordered has not been
9made, the victim shall file a petition notifying the
10sentencing court, any other person to whom restitution is
11owed, and the State's Attorney of the status of the ordered
12restitution payments unpaid at least 90 days before the
13supervision expiration date. If payment as ordered has not
14been made, the court shall hold a review hearing prior to the
15expiration date, unless the hearing is voluntarily waived by
16the defendant with the knowledge that waiver may result in an
17extension of the supervision period or in a revocation of
18supervision. If the court does not extend supervision, it
19shall issue a judgment for the unpaid restitution and direct
20the clerk of the circuit court to file and enter the judgment
21in the judgment and lien docket, without fee, unless it finds
22that the victim has recovered a judgment against the defendant
23for the amount covered by the restitution order. If the court
24issues a judgment for the unpaid restitution, the court shall
25send to the defendant at his or her last known address written
26notification that a civil judgment has been issued for the

 

 

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1unpaid restitution.
2    (d) The court shall defer entering any judgment on the
3charges until the conclusion of the supervision.
4    (e) At the conclusion of the period of supervision, if the
5court determines that the defendant has successfully complied
6with all of the conditions of supervision, the court shall
7discharge the defendant and enter a judgment dismissing the
8charges.
9    (f) Discharge and dismissal upon a successful conclusion
10of a disposition of supervision shall be deemed without
11adjudication of guilt and shall not be termed a conviction for
12purposes of disqualification or disabilities imposed by law
13upon conviction of a crime. Two years after the discharge and
14dismissal under this Section, unless the disposition of
15supervision was for a violation of Sections 3-707, 3-708,
163-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
17similar provision of a local ordinance, or for a violation of
18Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
19or the Criminal Code of 2012, in which case it shall be 5 years
20after discharge and dismissal, a person may have his record of
21arrest sealed or expunged as may be provided by law. However,
22any defendant placed on supervision before January 1, 1980,
23may move for sealing or expungement of his arrest record, as
24provided by law, at any time after discharge and dismissal
25under this Section. A person placed on supervision for a
26sexual offense committed against a minor as defined in clause

 

 

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1(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
2for a violation of Section 11-501 of the Illinois Vehicle Code
3or a similar provision of a local ordinance shall not have his
4or her record of arrest sealed or expunged.
5    (g) A defendant placed on supervision and who during the
6period of supervision undergoes mandatory drug or alcohol
7testing, or both, or is assigned to be placed on an approved
8electronic monitoring device, shall be ordered to pay the
9costs incidental to such mandatory drug or alcohol testing, or
10both, and costs incidental to such approved electronic
11monitoring in accordance with the defendant's ability to pay
12those costs. The county board with the concurrence of the
13Chief Judge of the judicial circuit in which the county is
14located shall establish reasonable fees for the cost of
15maintenance, testing, and incidental expenses related to the
16mandatory drug or alcohol testing, or both, and all costs
17incidental to approved electronic monitoring, of all
18defendants placed on supervision. The concurrence of the Chief
19Judge shall be in the form of an administrative order. The fees
20shall be collected by the clerk of the circuit court, except as
21provided in an administrative order of the Chief Judge of the
22circuit court. The clerk of the circuit court shall pay all
23moneys collected from these fees to the county treasurer who
24shall use the moneys collected to defray the costs of drug
25testing, alcohol testing, and electronic monitoring. The
26county treasurer shall deposit the fees collected in the

 

 

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1county working cash fund under Section 6-27001 or Section
26-29002 of the Counties Code, as the case may be.
3    The Chief Judge of the circuit court of the county may by
4administrative order establish a program for electronic
5monitoring of offenders, in which a vendor supplies and
6monitors the operation of the electronic monitoring device,
7and collects the fees on behalf of the county. The program
8shall include provisions for indigent offenders and the
9collection of unpaid fees. The program shall not unduly burden
10the offender and shall be subject to review by the Chief Judge.
11    The Chief Judge of the circuit court may suspend any
12additional charges or fees for late payment, interest, or
13damage to any device.
14    (h) A disposition of supervision is a final order for the
15purposes of appeal.
16    (i) The court shall impose upon a defendant placed on
17supervision after January 1, 1992 or to community service
18under the supervision of a probation or court services
19department after January 1, 2004, as a condition of
20supervision or supervised community service, a fee of $50 for
21each month of supervision or supervised community service
22ordered by the court, unless after determining the inability
23of the person placed on supervision or supervised community
24service to pay the fee, the court assesses a lesser fee. The
25court may not impose the fee on a minor who is placed in the
26guardianship or custody of the Department of Children and

 

 

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1Family Services under the Juvenile Court Act of 1987 while the
2minor is in placement. The fee shall be imposed only upon a
3defendant who is actively supervised by the probation and
4court services department. The fee shall be collected by the
5clerk of the circuit court. The clerk of the circuit court
6shall pay all monies collected from this fee to the county
7treasurer for deposit in the probation and court services fund
8pursuant to Section 15.1 of the Probation and Probation
9Officers Act.
10    A circuit court may not impose a probation fee in excess of
11$25 per month unless the circuit court has adopted, by
12administrative order issued by the chief judge, a standard
13probation fee guide determining an offender's ability to pay.
14Of the amount collected as a probation fee, not to exceed $5 of
15that fee collected per month may be used to provide services to
16crime victims and their families.
17    The Court may only waive probation fees based on an
18offender's ability to pay. The probation department may
19re-evaluate an offender's ability to pay every 6 months, and,
20with the approval of the Director of Court Services or the
21Chief Probation Officer, adjust the monthly fee amount. An
22offender may elect to pay probation fees due in a lump sum. Any
23offender that has been assigned to the supervision of a
24probation department, or has been transferred either under
25subsection (h) of this Section or under any interstate
26compact, shall be required to pay probation fees to the

 

 

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1department supervising the offender, based on the offender's
2ability to pay.
3    (j) All fines and costs imposed under this Section for any
4violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
5Code, or a similar provision of a local ordinance, and any
6violation of the Child Passenger Protection Act, or a similar
7provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under the Criminal
9and Traffic Assessment Act.
10    (k) A defendant at least 17 years of age who is placed on
11supervision for a misdemeanor in a county of 3,000,000 or more
12inhabitants and who has not been previously convicted of a
13misdemeanor or felony may as a condition of his or her
14supervision be required by the court to attend educational
15courses designed to prepare the defendant for a high school
16diploma and to work toward a high school diploma or to work
17toward passing high school equivalency testing or to work
18toward completing a vocational training program approved by
19the court. The defendant placed on supervision must attend a
20public institution of education to obtain the educational or
21vocational training required by this subsection (k). The
22defendant placed on supervision shall be required to pay for
23the cost of the educational courses or high school equivalency
24testing if a fee is charged for those courses or testing. The
25court shall revoke the supervision of a person who wilfully
26fails to comply with this subsection (k). The court shall

 

 

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1resentence the defendant upon revocation of supervision as
2provided in Section 5-6-4. This subsection (k) does not apply
3to a defendant who has a high school diploma or has
4successfully passed high school equivalency testing. This
5subsection (k) does not apply to a defendant who is determined
6by the court to be a person with a developmental disability or
7otherwise mentally incapable of completing the educational or
8vocational program.
9    (l) The court shall require a defendant placed on
10supervision for possession of a substance prohibited by the
11Cannabis Control Act, the Illinois Controlled Substances Act,
12or the Methamphetamine Control and Community Protection Act
13after a previous conviction or disposition of supervision for
14possession of a substance prohibited by the Cannabis Control
15Act, the Illinois Controlled Substances Act, or the
16Methamphetamine Control and Community Protection Act or a
17sentence of probation under Section 10 of the Cannabis Control
18Act or Section 410 of the Illinois Controlled Substances Act
19and after a finding by the court that the person is addicted,
20to undergo treatment at a substance abuse program approved by
21the court.
22    (m) The Secretary of State shall require anyone placed on
23court supervision for a violation of Section 3-707 of the
24Illinois Vehicle Code or a similar provision of a local
25ordinance to give proof of his or her financial responsibility
26as defined in Section 7-315 of the Illinois Vehicle Code. The

 

 

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1proof shall be maintained by the individual in a manner
2satisfactory to the Secretary of State for a minimum period of
33 years after the date the proof is first filed. The proof
4shall be limited to a single action per arrest and may not be
5affected by any post-sentence disposition. The Secretary of
6State shall suspend the driver's license of any person
7determined by the Secretary to be in violation of this
8subsection. This subsection does not apply to a person who, at
9the time of the offense, was operating a motor vehicle
10registered in a state other than Illinois.
11    (n) Any offender placed on supervision for any offense
12that the court or probation department has determined to be
13sexually motivated as defined in the Sex Offender Management
14Board Act shall be required to refrain from any contact,
15directly or indirectly, with any persons specified by the
16court and shall be available for all evaluations and treatment
17programs required by the court or the probation department.
18    (o) An offender placed on supervision for a sex offense as
19defined in the Sex Offender Management Board Act shall refrain
20from residing at the same address or in the same condominium
21unit or apartment unit or in the same condominium complex or
22apartment complex with another person he or she knows or
23reasonably should know is a convicted sex offender or has been
24placed on supervision for a sex offense. The provisions of
25this subsection (o) do not apply to a person convicted of a sex
26offense who is placed in a Department of Corrections licensed

 

 

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1transitional housing facility for sex offenders.
2    (p) An offender placed on supervision for an offense
3committed on or after June 1, 2008 (the effective date of
4Public Act 95-464) that would qualify the accused as a child
5sex offender as defined in Section 11-9.3 or 11-9.4 of the
6Criminal Code of 1961 or the Criminal Code of 2012 shall
7refrain from communicating with or contacting, by means of the
8Internet, a person who is not related to the accused and whom
9the accused reasonably believes to be under 18 years of age.
10For purposes of this subsection (p), "Internet" has the
11meaning ascribed to it in Section 16-0.1 of the Criminal Code
12of 2012; and a person is not related to the accused if the
13person is not: (i) the spouse, brother, or sister of the
14accused; (ii) a descendant of the accused; (iii) a first or
15second cousin of the accused; or (iv) a step-child or adopted
16child of the accused.
17    (q) An offender placed on supervision for an offense
18committed on or after June 1, 2008 (the effective date of
19Public Act 95-464) that would qualify the accused as a child
20sex offender as defined in Section 11-9.3 or 11-9.4 of the
21Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
22ordered by the court, refrain from communicating with or
23contacting, by means of the Internet, a person who is related
24to the accused and whom the accused reasonably believes to be
25under 18 years of age. For purposes of this subsection (q),
26"Internet" has the meaning ascribed to it in Section 16-0.1 of

 

 

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1the Criminal Code of 2012; and a person is related to the
2accused if the person is: (i) the spouse, brother, or sister of
3the accused; (ii) a descendant of the accused; (iii) a first or
4second cousin of the accused; or (iv) a step-child or adopted
5child of the accused.
6    (r) An offender placed on supervision for an offense under
7Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
8juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
911-21 of the Criminal Code of 1961 or the Criminal Code of
102012, or any attempt to commit any of these offenses,
11committed on or after June 1, 2009 (the effective date of
12Public Act 95-983) shall:
13        (i) not access or use a computer or any other device
14    with Internet capability without the prior written
15    approval of the court, except in connection with the
16    offender's employment or search for employment with the
17    prior approval of the court;
18        (ii) submit to periodic unannounced examinations of
19    the offender's computer or any other device with Internet
20    capability by the offender's probation officer, a law
21    enforcement officer, or assigned computer or information
22    technology specialist, including the retrieval and copying
23    of all data from the computer or device and any internal or
24    external peripherals and removal of such information,
25    equipment, or device to conduct a more thorough
26    inspection;

 

 

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1        (iii) submit to the installation on the offender's
2    computer or device with Internet capability, at the
3    offender's expense, of one or more hardware or software
4    systems to monitor the Internet use; and
5        (iv) submit to any other appropriate restrictions
6    concerning the offender's use of or access to a computer
7    or any other device with Internet capability imposed by
8    the court.
9    (s) An offender placed on supervision for an offense that
10is a sex offense as defined in Section 2 of the Sex Offender
11Registration Act that is committed on or after January 1, 2010
12(the effective date of Public Act 96-362) that requires the
13person to register as a sex offender under that Act, may not
14knowingly use any computer scrub software on any computer that
15the sex offender uses.
16    (t) An offender placed on supervision for a sex offense as
17defined in the Sex Offender Registration Act committed on or
18after January 1, 2010 (the effective date of Public Act
1996-262) shall refrain from accessing or using a social
20networking website as defined in Section 17-0.5 of the
21Criminal Code of 2012.
22    (u) Jurisdiction over an offender may be transferred from
23the sentencing court to the court of another circuit with the
24concurrence of both courts. Further transfers or retransfers
25of jurisdiction are also authorized in the same manner. The
26court to which jurisdiction has been transferred shall have

 

 

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1the same powers as the sentencing court. The probation
2department within the circuit to which jurisdiction has been
3transferred may impose probation fees upon receiving the
4transferred offender, as provided in subsection (i). The
5probation department from the original sentencing court shall
6retain all probation fees collected prior to the transfer.
7(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
899-642, eff. 7-28-16; 99-797, eff. 8-12-16; 100-159, eff.
98-18-17; 100-201, eff. 8-18-17; 100-987, eff. 7-1-19.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
 
17    Section 999. Effective date. This Act takes effect upon
18becoming law.