97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1924

 

Introduced 2/10/2011, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/12.5 new
15 ILCS 335/13  from Ch. 124, par. 33
625 ILCS 5/2-123  from Ch. 95 1/2, par. 2-123
625 ILCS 5/6-101  from Ch. 95 1/2, par. 6-101
625 ILCS 5/6-106.1
625 ILCS 5/6-106.11  from Ch. 95 1/2, par. 6-106.11
625 ILCS 5/6-107  from Ch. 95 1/2, par. 6-107
625 ILCS 5/6-113  from Ch. 95 1/2, par. 6-113
625 ILCS 5/6-201
625 ILCS 5/6-206
625 ILCS 5/6-206.1  from Ch. 95 1/2, par. 6-206.1
625 ILCS 5/6-207  from Ch. 95 1/2, par. 6-207
625 ILCS 5/6-208.1  from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-401  from Ch. 95 1/2, par. 6-401
625 ILCS 5/6-419  from Ch. 95 1/2, par. 6-419
625 ILCS 5/6-507  from Ch. 95 1/2, par. 6-507
625 ILCS 5/6-908  from Ch. 95 1/2, par. 6-908

    Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Makes changes to provisions regarding: the issuance of driver's licenses and identification cards; confidentiality of driver medical reports; information on school bus driver permits; application of school bus driver permit restrictions; issuance of graduated licenses and probationary licenses; cancellation of licenses or permits; discretionary authority to suspend or revoke licenses or permits; impoundment or forfeiture of a vehicle related to multiple summary suspensions; length of summary suspensions; driver training schools; and commercial driver's licenses. Effective immediately.


LRB097 08767 HEP 48897 b

 

 

A BILL FOR

 

SB1924LRB097 08767 HEP 48897 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 13 and by adding Section 12.5 as follows:
 
6    (15 ILCS 335/12.5 new)
7    Sec. 12.5. Errors; documents; issuance of new card;
8cancellation. The Secretary of State may, upon written notice
9of at least 5 days to the person, require the person to appear
10at a Driver Services facility if:
11        (i) the Secretary has issued an identification card in
12    error;
13        (ii) the person has become ineligible to retain the
14    identification card; or
15        (iii) the Secretary has good cause to believe that the
16    identification card was issued based on invalid,
17    fictitious, or fraudulent documents.
18    Upon the appearance of an identification card holder at a
19Driver Services facility, the Secretary shall, as applicable,
20correct the identification card error, issue a new
21identification card, or verify that the identification card
22holder possesses valid identification documents. Refusal or
23neglect of the identification card holder to appear shall

 

 

SB1924- 2 -LRB097 08767 HEP 48897 b

1result in the cancellation of the identification card.
 
2    (15 ILCS 335/13)  (from Ch. 124, par. 33)
3    Sec. 13. Rejection, denial or revocations.
4    (a) The Secretary of State may reject or deny any
5application if he:
6        1. is not satisfied with the genuineness, regularity or
7    legality of any application; or
8        2. has not been supplied with the required information;
9    or
10        3. is not satisfied with the truth of any information
11    or documentation supplied by an applicant; or
12        4. determines that the applicant is not entitled to the
13    card as applied for; or
14        5. determines that any fraud was committed by the
15    applicant; or
16        6. determines that a signature is not valid or is a
17    forgery; or
18        7. determines that the applicant has not paid the
19    prescribed fee; or
20        8. determines that the applicant has falsely claimed to
21    be a disabled person as defined in Section 4A of this Act;
22    or
23        9. cannot verify the accuracy of any information or
24    documentation submitted by the applicant.
25    (b) The Secretary of State may cancel or revoke any

 

 

SB1924- 3 -LRB097 08767 HEP 48897 b

1identification card issued by him, upon determining that:
2        1. the holder is not legally entitled to the card; or
3        2. the applicant for the card made a false statement or
4    knowingly concealed a material fact in any application
5    filed by him under this Act; or
6        3. any person has displayed or represented as his own a
7    card not issued to him; or
8        4. any holder has permitted the display or use of his
9    card by any other person; or
10        5. that the signature of the applicant was forgery or
11    that the signature on the card is a forgery; or
12        6. a card has been used for any unlawful or fraudulent
13    purpose; or
14        7. a card has been altered or defaced; or
15        8. any card has been duplicated for any purpose; or
16        9. any card was utilized to counterfeit such cards; or
17        10. the holder of an Illinois Disabled Person
18    Identification Card is not a disabled person as defined in
19    Section 4A of this Act; or
20        11. the holder failed to appear at a Driver Services
21    facility for the reissuance of a card or to present
22    documentation for verification of identity.
23    (c) The Secretary of State is authorized to take possession
24of and shall make a demand for return of any card which has
25been cancelled or revoked, unlawfully or erroneously issued, or
26issued in violation of this Act, and every person to whom such

 

 

SB1924- 4 -LRB097 08767 HEP 48897 b

1demand is addressed, shall promptly and without delay, return
2such card to the Secretary pursuant to his instructions, or, he
3shall surrender any such card to the Secretary or any agent of
4the Secretary upon demand.
5    (d) The Secretary of State is authorized to take possession
6of any Illinois Identification Card or Illinois Disabled Person
7Identification Card which has been cancelled or revoked, or
8which is blank, or which has been altered or defaced or
9duplicated or which is counterfeit or contains a forgery; or
10otherwise issued in violation of this Act and may confiscate
11any suspected fraudulent, fictitious, or altered documents
12submitted by an applicant in support of an application for an
13identification card.
14(Source: P.A. 93-895, eff. 1-1-05.)
 
15    Section 10. The Illinois Vehicle Code is amended by
16changing Sections 2-123, 6-101, 6-106.1, 6-106.11, 6-107,
176-113, 6-201, 6-206, 6-206.1, 6-207, 6-208.1, 6-401, 6-419,
186-507, and 6-908 as follows:
 
19    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
20    Sec. 2-123. Sale and Distribution of Information.
21    (a) Except as otherwise provided in this Section, the
22Secretary may make the driver's license, vehicle and title
23registration lists, in part or in whole, and any statistical
24information derived from these lists available to local

 

 

SB1924- 5 -LRB097 08767 HEP 48897 b

1governments, elected state officials, state educational
2institutions, and all other governmental units of the State and
3Federal Government requesting them for governmental purposes.
4The Secretary shall require any such applicant for services to
5pay for the costs of furnishing such services and the use of
6the equipment involved, and in addition is empowered to
7establish prices and charges for the services so furnished and
8for the use of the electronic equipment utilized.
9    (b) The Secretary is further empowered to and he may, in
10his discretion, furnish to any applicant, other than listed in
11subsection (a) of this Section, vehicle or driver data on a
12computer tape, disk, other electronic format or computer
13processable medium, or printout at a fixed fee of $250 for
14orders received before October 1, 2003 and $500 for orders
15received on or after October 1, 2003, in advance, and require
16in addition a further sufficient deposit based upon the
17Secretary of State's estimate of the total cost of the
18information requested and a charge of $25 for orders received
19before October 1, 2003 and $50 for orders received on or after
20October 1, 2003, per 1,000 units or part thereof identified or
21the actual cost, whichever is greater. The Secretary is
22authorized to refund any difference between the additional
23deposit and the actual cost of the request. This service shall
24not be in lieu of an abstract of a driver's record nor of a
25title or registration search. This service may be limited to
26entities purchasing a minimum number of records as required by

 

 

SB1924- 6 -LRB097 08767 HEP 48897 b

1administrative rule. The information sold pursuant to this
2subsection shall be the entire vehicle or driver data list, or
3part thereof. The information sold pursuant to this subsection
4shall not contain personally identifying information unless
5the information is to be used for one of the purposes
6identified in subsection (f-5) of this Section. Commercial
7purchasers of driver and vehicle record databases shall enter
8into a written agreement with the Secretary of State that
9includes disclosure of the commercial use of the information to
10be purchased.
11    (b-1) The Secretary is further empowered to and may, in his
12or her discretion, furnish vehicle or driver data on a computer
13tape, disk, or other electronic format or computer processible
14medium, at no fee, to any State or local governmental agency
15that uses the information provided by the Secretary to transmit
16data back to the Secretary that enables the Secretary to
17maintain accurate driving records, including dispositions of
18traffic cases. This information may be provided without fee not
19more often than once every 6 months.
20    (c) Secretary of State may issue registration lists. The
21Secretary of State may compile a list of all registered
22vehicles. Each list of registered vehicles shall be arranged
23serially according to the registration numbers assigned to
24registered vehicles and may contain in addition the names and
25addresses of registered owners and a brief description of each
26vehicle including the serial or other identifying number

 

 

SB1924- 7 -LRB097 08767 HEP 48897 b

1thereof. Such compilation may be in such form as in the
2discretion of the Secretary of State may seem best for the
3purposes intended.
4    (d) The Secretary of State shall furnish no more than 2
5current available lists of such registrations to the sheriffs
6of all counties and to the chiefs of police of all cities and
7villages and towns of 2,000 population and over in this State
8at no cost. Additional copies may be purchased by the sheriffs
9or chiefs of police at the fee of $500 each or at the cost of
10producing the list as determined by the Secretary of State.
11Such lists are to be used for governmental purposes only.
12    (e) (Blank).
13    (e-1) (Blank).
14    (f) The Secretary of State shall make a title or
15registration search of the records of his office and a written
16report on the same for any person, upon written application of
17such person, accompanied by a fee of $5 for each registration
18or title search. The written application shall set forth the
19intended use of the requested information. No fee shall be
20charged for a title or registration search, or for the
21certification thereof requested by a government agency. The
22report of the title or registration search shall not contain
23personally identifying information unless the request for a
24search was made for one of the purposes identified in
25subsection (f-5) of this Section. The report of the title or
26registration search shall not contain highly restricted

 

 

SB1924- 8 -LRB097 08767 HEP 48897 b

1personal information unless specifically authorized by this
2Code.
3    The Secretary of State shall certify a title or
4registration record upon written request. The fee for
5certification shall be $5 in addition to the fee required for a
6title or registration search. Certification shall be made under
7the signature of the Secretary of State and shall be
8authenticated by Seal of the Secretary of State.
9    The Secretary of State may notify the vehicle owner or
10registrant of the request for purchase of his title or
11registration information as the Secretary deems appropriate.
12    No information shall be released to the requestor until
13expiration of a 10 day period. This 10 day period shall not
14apply to requests for information made by law enforcement
15officials, government agencies, financial institutions,
16attorneys, insurers, employers, automobile associated
17businesses, persons licensed as a private detective or firms
18licensed as a private detective agency under the Private
19Detective, Private Alarm, Private Security, Fingerprint
20Vendor, and Locksmith Act of 2004, who are employed by or are
21acting on behalf of law enforcement officials, government
22agencies, financial institutions, attorneys, insurers,
23employers, automobile associated businesses, and other
24business entities for purposes consistent with the Illinois
25Vehicle Code, the vehicle owner or registrant or other entities
26as the Secretary may exempt by rule and regulation.

 

 

SB1924- 9 -LRB097 08767 HEP 48897 b

1    Any misrepresentation made by a requestor of title or
2vehicle information shall be punishable as a petty offense,
3except in the case of persons licensed as a private detective
4or firms licensed as a private detective agency which shall be
5subject to disciplinary sanctions under Section 40-10 of the
6Private Detective, Private Alarm, Private Security,
7Fingerprint Vendor, and Locksmith Act of 2004.
8    (f-5) The Secretary of State shall not disclose or
9otherwise make available to any person or entity any personally
10identifying information obtained by the Secretary of State in
11connection with a driver's license, vehicle, or title
12registration record unless the information is disclosed for one
13of the following purposes:
14        (1) For use by any government agency, including any
15    court or law enforcement agency, in carrying out its
16    functions, or any private person or entity acting on behalf
17    of a federal, State, or local agency in carrying out its
18    functions.
19        (2) For use in connection with matters of motor vehicle
20    or driver safety and theft; motor vehicle emissions; motor
21    vehicle product alterations, recalls, or advisories;
22    performance monitoring of motor vehicles, motor vehicle
23    parts, and dealers; and removal of non-owner records from
24    the original owner records of motor vehicle manufacturers.
25        (3) For use in the normal course of business by a
26    legitimate business or its agents, employees, or

 

 

SB1924- 10 -LRB097 08767 HEP 48897 b

1    contractors, but only:
2            (A) to verify the accuracy of personal information
3        submitted by an individual to the business or its
4        agents, employees, or contractors; and
5            (B) if such information as so submitted is not
6        correct or is no longer correct, to obtain the correct
7        information, but only for the purposes of preventing
8        fraud by, pursuing legal remedies against, or
9        recovering on a debt or security interest against, the
10        individual.
11        (4) For use in research activities and for use in
12    producing statistical reports, if the personally
13    identifying information is not published, redisclosed, or
14    used to contact individuals.
15        (5) For use in connection with any civil, criminal,
16    administrative, or arbitral proceeding in any federal,
17    State, or local court or agency or before any
18    self-regulatory body, including the service of process,
19    investigation in anticipation of litigation, and the
20    execution or enforcement of judgments and orders, or
21    pursuant to an order of a federal, State, or local court.
22        (6) For use by any insurer or insurance support
23    organization or by a self-insured entity or its agents,
24    employees, or contractors in connection with claims
25    investigation activities, antifraud activities, rating, or
26    underwriting.

 

 

SB1924- 11 -LRB097 08767 HEP 48897 b

1        (7) For use in providing notice to the owners of towed
2    or impounded vehicles.
3        (8) For use by any person licensed as a private
4    detective or firm licensed as a private detective agency
5    under the Private Detective, Private Alarm, Private
6    Security, Fingerprint Vendor, and Locksmith Act of 2004,
7    private investigative agency or security service licensed
8    in Illinois for any purpose permitted under this
9    subsection.
10        (9) For use by an employer or its agent or insurer to
11    obtain or verify information relating to a holder of a
12    commercial driver's license that is required under chapter
13    313 of title 49 of the United States Code.
14        (10) For use in connection with the operation of
15    private toll transportation facilities.
16        (11) For use by any requester, if the requester
17    demonstrates it has obtained the written consent of the
18    individual to whom the information pertains.
19        (12) For use by members of the news media, as defined
20    in Section 1-148.5, for the purpose of newsgathering when
21    the request relates to the operation of a motor vehicle or
22    public safety.
23        (13) For any other use specifically authorized by law,
24    if that use is related to the operation of a motor vehicle
25    or public safety.
26    (f-6) The Secretary of State shall not disclose or

 

 

SB1924- 12 -LRB097 08767 HEP 48897 b

1otherwise make available to any person or entity any highly
2restricted personal information obtained by the Secretary of
3State in connection with a driver's license, vehicle, or title
4registration record unless specifically authorized by this
5Code.
6    (g) 1. The Secretary of State may, upon receipt of a
7    written request and a fee of $6 before October 1, 2003 and
8    a fee of $12 on and after October 1, 2003, furnish to the
9    person or agency so requesting a driver's record. Such
10    document may include a record of: current driver's license
11    issuance information, except that the information on
12    judicial driving permits shall be available only as
13    otherwise provided by this Code; convictions; orders
14    entered revoking, suspending or cancelling a driver's
15    license or privilege; and notations of accident
16    involvement. All other information, unless otherwise
17    permitted by this Code, shall remain confidential.
18    Information released pursuant to a request for a driver's
19    record shall not contain personally identifying
20    information, unless the request for the driver's record was
21    made for one of the purposes set forth in subsection (f-5)
22    of this Section. The Secretary of State may, without fee,
23    allow a parent or guardian of a person under the age of 18
24    years, who holds an instruction permit or graduated
25    driver's license, to view that person's driving record
26    online, through a computer connection. The parent or

 

 

SB1924- 13 -LRB097 08767 HEP 48897 b

1    guardian's online access to the driving record will
2    terminate when the instruction permit or graduated
3    driver's license holder reaches the age of 18.
4        2. The Secretary of State shall not disclose or
5    otherwise make available to any person or entity any highly
6    restricted personal information obtained by the Secretary
7    of State in connection with a driver's license, vehicle, or
8    title registration record unless specifically authorized
9    by this Code. The Secretary of State may certify an
10    abstract of a driver's record upon written request
11    therefor. Such certification shall be made under the
12    signature of the Secretary of State and shall be
13    authenticated by the Seal of his office.
14        3. All requests for driving record information shall be
15    made in a manner prescribed by the Secretary and shall set
16    forth the intended use of the requested information.
17        The Secretary of State may notify the affected driver
18    of the request for purchase of his driver's record as the
19    Secretary deems appropriate.
20        No information shall be released to the requester until
21    expiration of a 10 day period. This 10 day period shall not
22    apply to requests for information made by law enforcement
23    officials, government agencies, financial institutions,
24    attorneys, insurers, employers, automobile associated
25    businesses, persons licensed as a private detective or
26    firms licensed as a private detective agency under the

 

 

SB1924- 14 -LRB097 08767 HEP 48897 b

1    Private Detective, Private Alarm, Private Security,
2    Fingerprint Vendor, and Locksmith Act of 2004, who are
3    employed by or are acting on behalf of law enforcement
4    officials, government agencies, financial institutions,
5    attorneys, insurers, employers, automobile associated
6    businesses, and other business entities for purposes
7    consistent with the Illinois Vehicle Code, the affected
8    driver or other entities as the Secretary may exempt by
9    rule and regulation.
10        Any misrepresentation made by a requestor of driver
11    information shall be punishable as a petty offense, except
12    in the case of persons licensed as a private detective or
13    firms licensed as a private detective agency which shall be
14    subject to disciplinary sanctions under Section 40-10 of
15    the Private Detective, Private Alarm, Private Security,
16    Fingerprint Vendor, and Locksmith Act of 2004.
17        4. The Secretary of State may furnish without fee, upon
18    the written request of a law enforcement agency, any
19    information from a driver's record on file with the
20    Secretary of State when such information is required in the
21    enforcement of this Code or any other law relating to the
22    operation of motor vehicles, including records of
23    dispositions; documented information involving the use of
24    a motor vehicle; whether such individual has, or previously
25    had, a driver's license; and the address and personal
26    description as reflected on said driver's record.

 

 

SB1924- 15 -LRB097 08767 HEP 48897 b

1        5. Except as otherwise provided in this Section, the
2    Secretary of State may furnish, without fee, information
3    from an individual driver's record on file, if a written
4    request therefor is submitted by any public transit system
5    or authority, public defender, law enforcement agency, a
6    state or federal agency, or an Illinois local
7    intergovernmental association, if the request is for the
8    purpose of a background check of applicants for employment
9    with the requesting agency, or for the purpose of an
10    official investigation conducted by the agency, or to
11    determine a current address for the driver so public funds
12    can be recovered or paid to the driver, or for any other
13    purpose set forth in subsection (f-5) of this Section.
14        The Secretary may also furnish the courts a copy of an
15    abstract of a driver's record, without fee, subsequent to
16    an arrest for a violation of Section 11-501 or a similar
17    provision of a local ordinance. Such abstract may include
18    records of dispositions; documented information involving
19    the use of a motor vehicle as contained in the current
20    file; whether such individual has, or previously had, a
21    driver's license; and the address and personal description
22    as reflected on said driver's record.
23        6. Any certified abstract issued by the Secretary of
24    State or transmitted electronically by the Secretary of
25    State pursuant to this Section, to a court or on request of
26    a law enforcement agency, for the record of a named person

 

 

SB1924- 16 -LRB097 08767 HEP 48897 b

1    as to the status of the person's driver's license shall be
2    prima facie evidence of the facts therein stated and if the
3    name appearing in such abstract is the same as that of a
4    person named in an information or warrant, such abstract
5    shall be prima facie evidence that the person named in such
6    information or warrant is the same person as the person
7    named in such abstract and shall be admissible for any
8    prosecution under this Code and be admitted as proof of any
9    prior conviction or proof of records, notices, or orders
10    recorded on individual driving records maintained by the
11    Secretary of State.
12        7. Subject to any restrictions contained in the
13    Juvenile Court Act of 1987, and upon receipt of a proper
14    request and a fee of $6 before October 1, 2003 and a fee of
15    $12 on or after October 1, 2003, the Secretary of State
16    shall provide a driver's record to the affected driver, or
17    the affected driver's attorney, upon verification. Such
18    record shall contain all the information referred to in
19    paragraph 1 of this subsection (g) plus: any recorded
20    accident involvement as a driver; information recorded
21    pursuant to subsection (e) of Section 6-117 and paragraph
22    (4) of subsection (a) of Section 6-204 of this Code. All
23    other information, unless otherwise permitted by this
24    Code, shall remain confidential.
25    (h) The Secretary shall not disclose social security
26numbers or any associated information obtained from the Social

 

 

SB1924- 17 -LRB097 08767 HEP 48897 b

1Security Administration except pursuant to a written request
2by, or with the prior written consent of, the individual
3except: (1) to officers and employees of the Secretary who have
4a need to know the social security numbers in performance of
5their official duties, (2) to law enforcement officials for a
6lawful, civil or criminal law enforcement investigation, and if
7the head of the law enforcement agency has made a written
8request to the Secretary specifying the law enforcement
9investigation for which the social security numbers are being
10sought, (3) to the United States Department of Transportation,
11or any other State, pursuant to the administration and
12enforcement of the Commercial Motor Vehicle Safety Act of 1986,
13(4) pursuant to the order of a court of competent jurisdiction,
14(5) to the Department of Healthcare and Family Services
15(formerly Department of Public Aid) for utilization in the
16child support enforcement duties assigned to that Department
17under provisions of the Illinois Public Aid Code after the
18individual has received advanced meaningful notification of
19what redisclosure is sought by the Secretary in accordance with
20the federal Privacy Act, (5.5) to the Department of Healthcare
21and Family Services and the Department of Human Services solely
22for the purpose of verifying Illinois residency where such
23residency is an eligibility requirement for benefits under the
24Illinois Public Aid Code or any other health benefit program
25administered by the Department of Healthcare and Family
26Services or the Department of Human Services, or (6) to the

 

 

SB1924- 18 -LRB097 08767 HEP 48897 b

1Illinois Department of Revenue solely for use by the Department
2in the collection of any tax or debt that the Department of
3Revenue is authorized or required by law to collect, provided
4that the Department shall not disclose the social security
5number to any person or entity outside of the Department.
6    (i) (Blank).
7    (j) Medical statements or medical reports received in the
8Secretary of State's Office shall be confidential. Except as
9provided in this Section, no No confidential information may be
10open to public inspection or the contents disclosed to anyone,
11except officers and employees of the Secretary who have a need
12to know the information contained in the medical reports and
13the Driver License Medical Advisory Board, unless so directed
14by an order of a court of competent jurisdiction. If the
15Secretary receives a medical report regarding a driver that
16does not address a medical condition contained in a previous
17medical report, the Secretary may disclose the unaddressed
18medical condition to the driver or his or her physician, or
19both, solely for the purpose of submission of a medical report
20that addresses the condition.
21    (k) All fees collected under this Section shall be paid
22into the Road Fund of the State Treasury, except that (i) for
23fees collected before October 1, 2003, $3 of the $6 fee for a
24driver's record shall be paid into the Secretary of State
25Special Services Fund, (ii) for fees collected on and after
26October 1, 2003, of the $12 fee for a driver's record, $3 shall

 

 

SB1924- 19 -LRB097 08767 HEP 48897 b

1be paid into the Secretary of State Special Services Fund and
2$6 shall be paid into the General Revenue Fund, and (iii) for
3fees collected on and after October 1, 2003, 50% of the amounts
4collected pursuant to subsection (b) shall be paid into the
5General Revenue Fund.
6    (l) (Blank).
7    (m) Notations of accident involvement that may be disclosed
8under this Section shall not include notations relating to
9damage to a vehicle or other property being transported by a
10tow truck. This information shall remain confidential,
11provided that nothing in this subsection (m) shall limit
12disclosure of any notification of accident involvement to any
13law enforcement agency or official.
14    (n) Requests made by the news media for driver's license,
15vehicle, or title registration information may be furnished
16without charge or at a reduced charge, as determined by the
17Secretary, when the specific purpose for requesting the
18documents is deemed to be in the public interest. Waiver or
19reduction of the fee is in the public interest if the principal
20purpose of the request is to access and disseminate information
21regarding the health, safety, and welfare or the legal rights
22of the general public and is not for the principal purpose of
23gaining a personal or commercial benefit. The information
24provided pursuant to this subsection shall not contain
25personally identifying information unless the information is
26to be used for one of the purposes identified in subsection

 

 

SB1924- 20 -LRB097 08767 HEP 48897 b

1(f-5) of this Section.
2    (o) The redisclosure of personally identifying information
3obtained pursuant to this Section is prohibited, except to the
4extent necessary to effectuate the purpose for which the
5original disclosure of the information was permitted.
6    (p) The Secretary of State is empowered to adopt rules to
7effectuate this Section.
8(Source: P.A. 95-201, eff. 1-1-08; 95-287, eff. 1-1-08; 95-331,
9eff. 8-21-07; 95-613, eff. 9-11-07; 95-876, eff. 8-21-08;
1096-1383, eff. 1-1-11; 96-1501, eff. 1-25-11.)
 
11    (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
12    Sec. 6-101. Drivers must have licenses or permits.
13    (a) No person, except those expressly exempted by Section
146-102, shall drive any motor vehicle upon a highway in this
15State unless such person has a valid license or permit, or a
16restricted driving permit, issued under the provisions of this
17Act.
18    (b) No person shall drive a motor vehicle unless he holds a
19valid license or permit, or a restricted driving permit issued
20under the provisions of Section 6-205, 6-206, or 6-113 of this
21Act. Any person to whom a license is issued under the
22provisions of this Act must surrender to the Secretary of State
23all valid licenses or permits. No drivers license or
24instruction permit shall be issued to any person who holds a
25valid Foreign State license, identification card, or permit

 

 

SB1924- 21 -LRB097 08767 HEP 48897 b

1unless such person first surrenders to the Secretary of State
2any such valid Foreign State license, identification card, or
3permit.
4    (b-5) Any person who commits a violation of subsection (a)
5or (b) of this Section is guilty of a Class A misdemeanor, if
6at the time of the violation the person's driver's license or
7permit was cancelled under clause (a)9 of Section 6-201 of this
8Code.
9    (c) Any person licensed as a driver hereunder shall not be
10required by any city, village, incorporated town or other
11municipal corporation to obtain any other license to exercise
12the privilege thereby granted.
13    (d) In addition to other penalties imposed under this
14Section, any person in violation of this Section who is also in
15violation of Section 7-601 of this Code relating to mandatory
16insurance requirements shall have his or her motor vehicle
17immediately impounded by the arresting law enforcement
18officer. The motor vehicle may be released to any licensed
19driver upon a showing of proof of insurance for the motor
20vehicle that was impounded and the notarized written consent
21for the release by the vehicle owner.
22    (e) In addition to other penalties imposed under this
23Section, the vehicle of any person in violation of this Section
24who is also in violation of Section 7-601 of this Code relating
25to mandatory insurance requirements and who, in violating this
26Section, has caused death or personal injury to another person

 

 

SB1924- 22 -LRB097 08767 HEP 48897 b

1is subject to forfeiture under Sections 36-1 and 36-2 of the
2Criminal Code of 1961. For the purposes of this Section, a
3personal injury shall include any type A injury as indicated on
4the traffic accident report completed by a law enforcement
5officer that requires immediate professional attention in
6either a doctor's office or a medical facility. A type A injury
7shall include severely bleeding wounds, distorted extremities,
8and injuries that require the injured party to be carried from
9the scene.
10(Source: P.A. 94-993, eff. 1-1-07; 95-578, eff. 6-1-08.)
 
11    (625 ILCS 5/6-106.1)
12    Sec. 6-106.1. School bus driver permit.
13    (a) The Secretary of State shall issue a school bus driver
14permit to those applicants who have met all the requirements of
15the application and screening process under this Section to
16insure the welfare and safety of children who are transported
17on school buses throughout the State of Illinois. Applicants
18shall obtain the proper application required by the Secretary
19of State from their prospective or current employer and submit
20the completed application to the prospective or current
21employer along with the necessary fingerprint submission as
22required by the Department of State Police to conduct
23fingerprint based criminal background checks on current and
24future information available in the state system and current
25information available through the Federal Bureau of

 

 

SB1924- 23 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 24 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 25 -LRB097 08767 HEP 48897 b

1        7. affirm under penalties of perjury that he or she has
2    not made a false statement or knowingly concealed a
3    material fact in any application for permit;
4        8. have completed an initial classroom course,
5    including first aid procedures, in school bus driver safety
6    as promulgated by the Secretary of State; and after
7    satisfactory completion of said initial course an annual
8    refresher course; such courses and the agency or
9    organization conducting such courses shall be approved by
10    the Secretary of State; failure to complete the annual
11    refresher course, shall result in cancellation of the
12    permit until such course is completed;
13        9. not have been convicted of 2 or more serious traffic
14    offenses, as defined by rule, within one year prior to the
15    date of application that may endanger the life or safety of
16    any of the driver's passengers within the duration of the
17    permit period;
18        10. not have been convicted of reckless driving,
19    aggravated reckless driving, driving while under the
20    influence of alcohol, other drug or drugs, intoxicating
21    compound or compounds or any combination thereof, or
22    reckless homicide resulting from the operation of a motor
23    vehicle within 3 years of the date of application;
24        11. not have been convicted of committing or attempting
25    to commit any one or more of the following offenses: (i)
26    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,

 

 

SB1924- 26 -LRB097 08767 HEP 48897 b

1    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
2    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
3    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
4    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
5    11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
6    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
7    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
8    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
9    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
10    12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
11    18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
12    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
13    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
14    Section 8-1, and in subsection (a) and subsection (b),
15    clause (1), of Section 12-4, and in subsection (A), clauses
16    (a) and (b), of Section 24-3, and those offenses contained
17    in Article 29D of the Criminal Code of 1961; (ii) those
18    offenses defined in the Cannabis Control Act except those
19    offenses defined in subsections (a) and (b) of Section 4,
20    and subsection (a) of Section 5 of the Cannabis Control
21    Act; (iii) those offenses defined in the Illinois
22    Controlled Substances Act; (iv) those offenses defined in
23    the Methamphetamine Control and Community Protection Act;
24    (v) any offense committed or attempted in any other state
25    or against the laws of the United States, which if
26    committed or attempted in this State would be punishable as

 

 

SB1924- 27 -LRB097 08767 HEP 48897 b

1    one or more of the foregoing offenses; (vi) the offenses
2    defined in Section 4.1 and 5.1 of the Wrongs to Children
3    Act; (vii) those offenses defined in Section 6-16 of the
4    Liquor Control Act of 1934; and (viii) those offenses
5    defined in the Methamphetamine Precursor Control Act; .
6        12. not have been repeatedly involved as a driver in
7    motor vehicle collisions or been repeatedly convicted of
8    offenses against laws and ordinances regulating the
9    movement of traffic, to a degree which indicates lack of
10    ability to exercise ordinary and reasonable care in the
11    safe operation of a motor vehicle or disrespect for the
12    traffic laws and the safety of other persons upon the
13    highway;
14        13. not have, through the unlawful operation of a motor
15    vehicle, caused an accident resulting in the death of any
16    person; and
17        14. not have, within the last 5 years, been adjudged to
18    be afflicted with or suffering from any mental disability
19    or disease.
20    (b) A school bus driver permit shall be valid for a period
21specified by the Secretary of State as set forth by rule. It
22shall be renewable upon compliance with subsection (a) of this
23Section.
24    (c) A school bus driver permit shall contain the holder's
25driver's license number, legal name, residence address, zip
26code, social security number and date of birth, a brief

 

 

SB1924- 28 -LRB097 08767 HEP 48897 b

1description of the holder and a space for signature. The
2Secretary of State may require a suitable photograph of the
3holder.
4    (d) The employer shall be responsible for conducting a
5pre-employment interview with prospective school bus driver
6candidates, distributing school bus driver applications and
7medical forms to be completed by the applicant, and submitting
8the applicant's fingerprint cards to the Department of State
9Police that are required for the criminal background
10investigations. The employer shall certify in writing to the
11Secretary of State that all pre-employment conditions have been
12successfully completed including the successful completion of
13an Illinois specific criminal background investigation through
14the Department of State Police and the submission of necessary
15fingerprints to the Federal Bureau of Investigation for
16criminal history information available through the Federal
17Bureau of Investigation system. The applicant shall present the
18certification to the Secretary of State at the time of
19submitting the school bus driver permit application.
20    (e) Permits shall initially be provisional upon receiving
21certification from the employer that all pre-employment
22conditions have been successfully completed, and upon
23successful completion of all training and examination
24requirements for the classification of the vehicle to be
25operated, the Secretary of State shall provisionally issue a
26School Bus Driver Permit. The permit shall remain in a

 

 

SB1924- 29 -LRB097 08767 HEP 48897 b

1provisional status pending the completion of the Federal Bureau
2of Investigation's criminal background investigation based
3upon fingerprinting specimens submitted to the Federal Bureau
4of Investigation by the Department of State Police. The Federal
5Bureau of Investigation shall report the findings directly to
6the Secretary of State. The Secretary of State shall remove the
7bus driver permit from provisional status upon the applicant's
8successful completion of the Federal Bureau of Investigation's
9criminal background investigation.
10    (f) A school bus driver permit holder shall notify the
11employer and the Secretary of State if he or she is convicted
12in another state of an offense that would make him or her
13ineligible for a permit under subsection (a) of this Section.
14The written notification shall be made within 5 days of the
15entry of the conviction. Failure of the permit holder to
16provide the notification is punishable as a petty offense for a
17first violation and a Class B misdemeanor for a second or
18subsequent violation.
19    (g) Cancellation; suspension; notice and procedure.
20        (1) The Secretary of State shall cancel a school bus
21    driver permit of an applicant whose criminal background
22    investigation discloses that he or she is not in compliance
23    with the provisions of subsection (a) of this Section.
24        (2) The Secretary of State shall cancel a school bus
25    driver permit when he or she receives notice that the
26    permit holder fails to comply with any provision of this

 

 

SB1924- 30 -LRB097 08767 HEP 48897 b

1    Section or any rule promulgated for the administration of
2    this Section.
3        (3) The Secretary of State shall cancel a school bus
4    driver permit if the permit holder's restricted commercial
5    or commercial driving privileges are withdrawn or
6    otherwise invalidated.
7        (4) The Secretary of State may not issue a school bus
8    driver permit for a period of 3 years to an applicant who
9    fails to obtain a negative result on a drug test as
10    required in item 6 of subsection (a) of this Section or
11    under federal law.
12        (5) The Secretary of State shall forthwith suspend a
13    school bus driver permit for a period of 3 years upon
14    receiving notice that the holder has failed to obtain a
15    negative result on a drug test as required in item 6 of
16    subsection (a) of this Section or under federal law.
17        (6) The Secretary of State shall suspend a school bus
18    driver permit for a period of 3 years upon receiving notice
19    from the employer that the holder failed to perform the
20    inspection procedure set forth in subsection (a) or (b) of
21    Section 12-816 of this Code.
22    The Secretary of State shall notify the State
23Superintendent of Education and the permit holder's
24prospective or current employer that the applicant has (1) has
25failed a criminal background investigation or (2) is no longer
26eligible for a school bus driver permit; and of the related

 

 

SB1924- 31 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 32 -LRB097 08767 HEP 48897 b

1permit as inactive until a permit holder renews the permit as
2provided in subsection (i) of this Section, and (ii) if a
3permit holder fails to comply with the requirements of this
4Section while called to active duty, the Secretary of State
5shall not characterize the permit as invalid.
6    (i) A school bus driver permit holder who is a service
7member returning from active duty must, within 90 days, renew a
8permit characterized as inactive pursuant to subsection (h) of
9this Section by complying with the renewal requirements of
10subsection (b) of this Section.
11    (j) For purposes of subsections (h) and (i) of this
12Section:
13    "Active duty" means active duty pursuant to an executive
14order of the President of the United States, an act of the
15Congress of the United States, or an order of the Governor.
16    "Service member" means a member of the Armed Services or
17reserve forces of the United States or a member of the Illinois
18National Guard.
19(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
2096-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
217-22-10; revised 9-2-10.)
 
22    (625 ILCS 5/6-106.11)  (from Ch. 95 1/2, par. 6-106.11)
23    Sec. 6-106.11. (a) Any individual, corporation,
24partnership or association, who through contractual
25arrangements with a school district transports students,

 

 

SB1924- 33 -LRB097 08767 HEP 48897 b

1teachers or other personnel of that district for compensation,
2shall not permit any person to operate a school bus or any
3other motor vehicle requiring a school bus driver permit
4pursuant to that contract if the driver has not complied with
5the provisions of Sections 6-106.1 of this Code or such other
6rules or regulations that the Secretary of State may prescribe
7for the classification, restriction or licensing of the school
8bus driver permit holder drivers.
9    (b) A violation of this Section is a business offense and
10shall subject the offender to a fine of no less than $1,000 nor
11more than $10,000 for a first offense, no less than $1,500 nor
12more than $15,000 for a second offense, and no less than $2,000
13nor more than $20,000 for a third or subsequent offense. In
14addition to any fines imposed under this subsection, any
15offender who has been convicted three times under the
16provisions of subsection (a) shall, upon a fourth or subsequent
17conviction be prohibited from transporting or contracting to
18transport students, teachers or other personnel of a school
19district for a period of five years beginning with the date of
20conviction of such fourth or subsequent conviction.
21(Source: P.A. 83-1286.)
 
22    (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)
23    Sec. 6-107. Graduated license.
24    (a) The purpose of the Graduated Licensing Program is to
25develop safe and mature driving habits in young, inexperienced

 

 

SB1924- 34 -LRB097 08767 HEP 48897 b

1drivers and reduce or prevent motor vehicle accidents,
2fatalities, and injuries by:
3        (1) providing for an increase in the time of practice
4    period before granting permission to obtain a driver's
5    license;
6        (2) strengthening driver licensing and testing
7    standards for persons under the age of 21 years;
8        (3) sanctioning driving privileges of drivers under
9    age 21 who have committed serious traffic violations or
10    other specified offenses; and
11        (4) setting stricter standards to promote the public's
12    health and safety.
13    (b) The application of any person under the age of 18
14years, and not legally emancipated by marriage, for a drivers
15license or permit to operate a motor vehicle issued under the
16laws of this State, shall be accompanied by the written consent
17of either parent of the applicant; otherwise by the guardian
18having custody of the applicant, or in the event there is no
19parent or guardian, then by another responsible adult. The
20written consent must accompany any application for a driver's
21license under this subsection (b), regardless of whether or not
22the required written consent also accompanied the person's
23previous application for an instruction permit.
24    No graduated driver's license shall be issued to any
25applicant under 18 years of age, unless the applicant is at
26least 16 years of age and has:

 

 

SB1924- 35 -LRB097 08767 HEP 48897 b

1        (1) Held a valid instruction permit for a minimum of 9
2    months.
3        (2) Passed an approved driver education course and
4    submits proof of having passed the course as may be
5    required.
6        (3) Certification by the parent, legal guardian, or
7    responsible adult that the applicant has had a minimum of
8    50 hours of behind-the-wheel practice time, at least 10
9    hours of which have been at night, and is sufficiently
10    prepared and able to safely operate a motor vehicle.
11    (b-1) No graduated driver's license shall be issued to any
12applicant who is under 18 years of age and not legally
13emancipated by marriage, unless the applicant has graduated
14from a secondary school of this State or any other state, is
15enrolled in a course leading to a general educational
16development (GED) certificate, has obtained a GED certificate,
17is enrolled in an elementary or secondary school or college or
18university of this State or any other state and is not a
19chronic or habitual truant as provided in Section 26-2a of the
20School Code, or is receiving home instruction and submits proof
21of meeting any of those requirements at the time of
22application.
23    An applicant under 18 years of age who provides proof
24acceptable to the Secretary that the applicant has resumed
25regular school attendance or home instruction or that his or
26her application was denied in error shall be eligible to

 

 

SB1924- 36 -LRB097 08767 HEP 48897 b

1receive a graduated license if other requirements are met. The
2Secretary shall adopt rules for implementing this subsection
3(b-1).
4    (c) No graduated driver's license or permit shall be issued
5to any applicant under 18 years of age who has committed the
6offense of operating a motor vehicle without a valid license or
7permit in violation of Section 6-101 of this Code or a similar
8out of state offense and no graduated driver's license or
9permit shall be issued to any applicant under 18 years of age
10who has committed an offense that would otherwise result in a
11mandatory revocation of a license or permit as provided in
12Section 6-205 of this Code or who has been either convicted of
13or adjudicated a delinquent based upon a violation of the
14Cannabis Control Act, the Illinois Controlled Substances Act,
15the Use of Intoxicating Compounds Act, or the Methamphetamine
16Control and Community Protection Act while that individual was
17in actual physical control of a motor vehicle. For purposes of
18this Section, any person placed on probation under Section 10
19of the Cannabis Control Act, Section 410 of the Illinois
20Controlled Substances Act, or Section 70 of the Methamphetamine
21Control and Community Protection Act shall not be considered
22convicted. Any person found guilty of this offense, while in
23actual physical control of a motor vehicle, shall have an entry
24made in the court record by the judge that this offense did
25occur while the person was in actual physical control of a
26motor vehicle and order the clerk of the court to report the

 

 

SB1924- 37 -LRB097 08767 HEP 48897 b

1violation to the Secretary of State as such.
2    (d) No graduated driver's license shall be issued for 9
3months to any applicant under the age of 18 years who has
4committed and subsequently been convicted of an offense against
5traffic regulations governing the movement of vehicles, or any
6violation of this Section or Section 12-603.1 of this Code, or
7who has received a disposition of court supervision for a
8violation of Section 6-20 of the Illinois Liquor Control Act of
91934 or a similar provision of a local ordinance.
10    (e) No graduated driver's license holder under the age of
1118 years shall operate any motor vehicle, except a motor driven
12cycle or motorcycle, with more than one passenger in the front
13seat of the motor vehicle and no more passengers in the back
14seats than the number of available seat safety belts as set
15forth in Section 12-603 of this Code. If a graduated driver's
16license holder over the age of 18 committed an offense against
17traffic regulations governing the movement of vehicles or any
18violation of this Section or Section 12-603.1 of this Code in
19the 6 months prior to the graduated driver's license holder's
2018th birthday, and was subsequently convicted of the violation,
21the provisions of this paragraph shall continue to apply until
22such time as a period of 6 consecutive months has elapsed
23without an additional violation and subsequent conviction of an
24offense against traffic regulations governing the movement of
25vehicles or any violation of this Section or Section 12-603.1
26of this Code.

 

 

SB1924- 38 -LRB097 08767 HEP 48897 b

1    (f) No graduated driver's license holder under the age of
218 shall operate a motor vehicle unless each driver and
3passenger under the age of 19 is wearing a properly adjusted
4and fastened seat safety belt and each child under the age of 8
5is protected as required under the Child Passenger Protection
6Act. If a graduated driver's license holder over the age of 18
7committed an offense against traffic regulations governing the
8movement of vehicles or any violation of this Section or
9Section 12-603.1 of this Code in the 6 months prior to the
10graduated driver's license holder's 18th birthday, and was
11subsequently convicted of the violation, the provisions of this
12paragraph shall continue to apply until such time as a period
13of 6 consecutive months has elapsed without an additional
14violation and subsequent conviction of an offense against
15traffic regulations governing the movement of vehicles or any
16violation of this Section or Section 12-603.1 of this Code.
17    (g) If a graduated driver's license holder is under the age
18of 18 when he or she receives the license, for the first 12
19months he or she holds the license or until he or she reaches
20the age of 18, whichever occurs sooner, the graduated license
21holder may not operate a motor vehicle with more than one
22passenger in the vehicle who is under the age of 20, unless any
23additional passenger or passengers are siblings,
24step-siblings, children, or stepchildren of the driver. If a
25graduated driver's license holder committed an offense against
26traffic regulations governing the movement of vehicles or any

 

 

SB1924- 39 -LRB097 08767 HEP 48897 b

1violation of this Section or Section 12-603.1 of this Code
2during the first 12 months the license is held and subsequently
3is convicted of the violation, the provisions of this paragraph
4shall remain in effect until such time as a period of 6
5consecutive months has elapsed without an additional violation
6and subsequent conviction of an offense against traffic
7regulations governing the movement of vehicles or any violation
8of this Section or Section 12-603.1 of this Code.
9    (h) It shall be an offense for a person that is age 15, but
10under age 20, to be a passenger in a vehicle operated by a
11driver holding a graduated driver's license during the first 12
12months the driver holds the license or until the driver reaches
13the age of 18, whichever occurs sooner, if another passenger
14under the age of 20 is present, excluding a sibling,
15step-sibling, child, or step-child of the driver.
16(Source: P.A. 95-310, eff. 1-1-08; 95-331, eff. 8-21-07;
1796-607, eff. 8-24-09.)
 
18    (625 ILCS 5/6-113)  (from Ch. 95 1/2, par. 6-113)
19    Sec. 6-113. Restricted licenses and permits.
20    (a) The Secretary of State upon issuing a drivers license
21or permit shall have the authority whenever good cause appears
22to impose restrictions suitable to the licensee's driving
23ability with respect to the type of, or special mechanical
24control devices required on, a motor vehicle which the licensee
25may operate or such other restrictions applicable to the

 

 

SB1924- 40 -LRB097 08767 HEP 48897 b

1licensee as the Secretary of State may determine to be
2appropriate to assure the safe operation of a motor vehicle by
3the licensee.
4    (b) The Secretary of State may either issue a special
5restricted license or permit or may set forth such restrictions
6upon the usual license or permit form.
7    (c) The Secretary of State may issue a probationary license
8to a person whose driving privileges have been suspended
9pursuant to subsection (d) of this Section or subsection
10subsections (a)(2) , (a)(19) and (a)(20) of Section 6-206 of
11this Code. This subsection (c) does not apply to any driver
12required to possess a CDL for the purpose of operating a
13commercial motor vehicle. The Secretary of State shall
14promulgate rules pursuant to the Illinois Administrative
15Procedure Act, setting forth the conditions and criteria for
16the issuance and cancellation of probationary licenses.
17    (d) The Secretary of State may upon receiving satisfactory
18evidence of any violation of the restrictions of such license
19or permit suspend, revoke or cancel the same without
20preliminary hearing, but the licensee or permittee shall be
21entitled to a hearing as in the case of a suspension or
22revocation.
23    (e) It is unlawful for any person to operate a motor
24vehicle in any manner in violation of the restrictions imposed
25on a restricted license or permit issued to him.
26    (f) Whenever the holder of a restricted driving permit is

 

 

SB1924- 41 -LRB097 08767 HEP 48897 b

1issued a citation for any of the following offenses including
2similar local ordinances, the restricted driving permit is
3immediately invalidated:
4        1. Reckless homicide resulting from the operation of a
5    motor vehicle;
6        2. Violation of Section 11-501 of this Act relating to
7    the operation of a motor vehicle while under the influence
8    of intoxicating liquor or narcotic drugs;
9        3. Violation of Section 11-401 of this Act relating to
10    the offense of leaving the scene of a traffic accident
11    involving death or injury;
12        4. Violation of Section 11-504 of this Act relating to
13    the offense of drag racing; or
14        5. Violation of Section 11-506 of this Act relating to
15    the offense of street racing.
16    The police officer issuing the citation shall confiscate
17the restricted driving permit and forward it, along with the
18citation, to the Clerk of the Circuit Court of the county in
19which the citation was issued.
20    (g) The Secretary of State may issue a special restricted
21license for a period of 12 months to individuals using vision
22aid arrangements other than standard eyeglasses or contact
23lenses, allowing the operation of a motor vehicle during
24nighttime hours. The Secretary of State shall adopt rules
25defining the terms and conditions by which the individual may
26obtain and renew this special restricted license. At a minimum,

 

 

SB1924- 42 -LRB097 08767 HEP 48897 b

1all drivers must meet the following requirements:
2        1. Possess a valid driver's license and have operated a
3    motor vehicle during daylight hours for a period of 12
4    months using vision aid arrangements other than standard
5    eyeglasses or contact lenses.
6        2. Have a driving record that does not include any
7    traffic accidents that occurred during nighttime hours,
8    for which the driver has been found to be at fault, during
9    the 12 months before he or she applied for the special
10    restricted license.
11        3. Successfully complete a road test administered
12    during nighttime hours.
13    At a minimum, all drivers renewing this license must meet
14the following requirements:
15        1. Successfully complete a road test administered
16    during nighttime hours.
17        2. Have a driving record that does not include any
18    traffic accidents that occurred during nighttime hours,
19    for which the driver has been found to be at fault, during
20    the 12 months before he or she applied for the special
21    restricted license.
22    (h) Any driver issued a special restricted license as
23defined in subsection (g) whose privilege to drive during
24nighttime hours has been suspended due to an accident occurring
25during nighttime hours may request a hearing as provided in
26Section 2-118 of this Code to contest that suspension. If it is

 

 

SB1924- 43 -LRB097 08767 HEP 48897 b

1determined that the accident for which the driver was at fault
2was not influenced by the driver's use of vision aid
3arrangements other than standard eyeglasses or contact lenses,
4the Secretary may reinstate that driver's privilege to drive
5during nighttime hours.
6(Source: P.A. 95-310, eff. 1-1-08; 95-382, eff. 8-23-07;
795-876, eff. 8-21-08.)
 
8    (625 ILCS 5/6-201)
9    Sec. 6-201. Authority to cancel licenses and permits.
10    (a) The Secretary of State is authorized to cancel any
11license or permit upon determining that the holder thereof:
12        1. was not entitled to the issuance thereof hereunder;
13    or
14        2. failed to give the required or correct information
15    in his application; or
16        3. failed to pay any fees, civil penalties owed to the
17    Illinois Commerce Commission, or taxes due under this Act
18    and upon reasonable notice and demand; or
19        4. committed any fraud in the making of such
20    application; or
21        5. is ineligible therefor under the provisions of
22    Section 6-103 of this Act, as amended; or
23        6. has refused or neglected to submit an alcohol, drug,
24    and intoxicating compound evaluation or to submit to
25    examination or re-examination as required under this Act;

 

 

SB1924- 44 -LRB097 08767 HEP 48897 b

1    or
2        7. has been convicted of violating the Cannabis Control
3    Act, the Illinois Controlled Substances Act, the
4    Methamphetamine Control and Community Protection Act, or
5    the Use of Intoxicating Compounds Act while that individual
6    was in actual physical control of a motor vehicle. For
7    purposes of this Section, any person placed on probation
8    under Section 10 of the Cannabis Control Act, Section 410
9    of the Illinois Controlled Substances Act, or Section 70 of
10    the Methamphetamine Control and Community Protection Act
11    shall not be considered convicted. Any person found guilty
12    of this offense, while in actual physical control of a
13    motor vehicle, shall have an entry made in the court record
14    by the judge that this offense did occur while the person
15    was in actual physical control of a motor vehicle and order
16    the clerk of the court to report the violation to the
17    Secretary of State as such. After the cancellation, the
18    Secretary of State shall not issue a new license or permit
19    for a period of one year after the date of cancellation.
20    However, upon application, the Secretary of State may, if
21    satisfied that the person applying will not endanger the
22    public safety, or welfare, issue a restricted driving
23    permit granting the privilege of driving a motor vehicle
24    between the petitioner's residence and petitioner's place
25    of employment or within the scope of the petitioner's
26    employment related duties, or to allow transportation for

 

 

SB1924- 45 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 46 -LRB097 08767 HEP 48897 b

1    participate in a driver remedial or rehabilitative
2    program. In accordance with 49 C.F.R. 384, the Secretary of
3    State may not issue a restricted driving permit for the
4    operation of a commercial motor vehicle to a person holding
5    a CDL whose driving privileges have been revoked,
6    suspended, cancelled, or disqualified under this Code; or
7        8. failed to submit a report as required by Section
8    6-116.5 of this Code; or
9        9. has been convicted of a sex offense as defined in
10    the Sex Offender Registration Act. The driver's license
11    shall remain cancelled until the driver registers as a sex
12    offender as required by the Sex Offender Registration Act,
13    proof of the registration is furnished to the Secretary of
14    State and the sex offender provides proof of current
15    address to the Secretary; or
16        10. is ineligible for a license or permit under Section
17    6-107, 6-107.1, or 6-108 of this Code; or
18        11. refused or neglected to appear at a Driver Services
19    facility to have the license or permit corrected and a new
20    license or permit issued or to present documentation for
21    verification of identity.
22    (b) Upon such cancellation the licensee or permittee must
23surrender the license or permit so cancelled to the Secretary
24of State.
25    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
26Secretary of State shall have exclusive authority to grant,

 

 

SB1924- 47 -LRB097 08767 HEP 48897 b

1issue, deny, cancel, suspend and revoke driving privileges,
2drivers' licenses and restricted driving permits.
3    (d) The Secretary of State may adopt rules to implement
4this Section.
5(Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07;
694-993, eff. 1-1-07; 95-331, eff. 8-21-07; 95-382, eff.
78-23-07; 95-627, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
8    (625 ILCS 5/6-206)
9    (Text of Section before amendment by P.A. 96-1344)
10    Sec. 6-206. Discretionary authority to suspend or revoke
11license or permit; Right to a hearing.
12    (a) The Secretary of State is authorized to suspend or
13revoke the driving privileges of any person without preliminary
14hearing upon a showing of the person's records or other
15sufficient evidence that the person:
16        1. Has committed an offense for which mandatory
17    revocation of a driver's license or permit is required upon
18    conviction;
19        2. Has been convicted of not less than 3 offenses
20    against traffic regulations governing the movement of
21    vehicles committed within any 12 month period. No
22    revocation or suspension shall be entered more than 6
23    months after the date of last conviction;
24        3. Has been repeatedly involved as a driver in motor
25    vehicle collisions or has been repeatedly convicted of

 

 

SB1924- 48 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 49 -LRB097 08767 HEP 48897 b

1        8. Is ineligible for a driver's license or permit under
2    the provisions of Section 6-103;
3        9. Has made a false statement or knowingly concealed a
4    material fact or has used false information or
5    identification in any application for a license,
6    identification card, or permit;
7        10. Has possessed, displayed, or attempted to
8    fraudulently use any license, identification card, or
9    permit not issued to the person;
10        11. Has operated a motor vehicle upon a highway of this
11    State when the person's driving privilege or privilege to
12    obtain a driver's license or permit was revoked or
13    suspended unless the operation was authorized by a
14    monitoring device driving permit, judicial driving permit
15    issued prior to January 1, 2009, probationary license to
16    drive, or a restricted driving permit issued under this
17    Code;
18        12. Has submitted to any portion of the application
19    process for another person or has obtained the services of
20    another person to submit to any portion of the application
21    process for the purpose of obtaining a license,
22    identification card, or permit for some other person;
23        13. Has operated a motor vehicle upon a highway of this
24    State when the person's driver's license or permit was
25    invalid under the provisions of Sections 6-107.1 and 6-110;
26        14. Has committed a violation of Section 6-301,

 

 

SB1924- 50 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 51 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 52 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 53 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 54 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 55 -LRB097 08767 HEP 48897 b

1    which case the suspension shall be for 90 days;
2        42. Has committed a violation of subsection (a-1) of
3    Section 11-1301.3 of this Code;
4        43. Has received a disposition of court supervision for
5    a violation of subsection (a), (d), or (e) of Section 6-20
6    of the Liquor Control Act of 1934 or a similar provision of
7    a local ordinance, in which case the suspension shall be
8    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; or
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    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
23and 27 of this subsection, license means any driver's license,
24any traffic ticket issued when the person's driver's license is
25deposited in lieu of bail, a suspension notice issued by the
26Secretary of State, a duplicate or corrected driver's license,

 

 

SB1924- 56 -LRB097 08767 HEP 48897 b

1a probationary driver's license or a temporary driver's
2license.
3    (b) If any conviction forming the basis of a suspension or
4revocation authorized under this Section is appealed, the
5Secretary of State may rescind or withhold the entry of the
6order of suspension or revocation, as the case may be, provided
7that a certified copy of a stay order of a court is filed with
8the Secretary of State. If the conviction is affirmed on
9appeal, the date of the conviction shall relate back to the
10time the original judgment of conviction was entered and the 6
11month limitation prescribed shall not apply.
12    (c) 1. Upon suspending or revoking the driver's license or
13permit of any person as authorized in this Section, the
14Secretary of State shall immediately notify the person in
15writing of the revocation or suspension. The notice to be
16deposited in the United States mail, postage prepaid, to the
17last known address of the person.
18        2. If the Secretary of State suspends the driver's
19    license of a person under subsection 2 of paragraph (a) of
20    this Section, a person's privilege to operate a vehicle as
21    an occupation shall not be suspended, provided an affidavit
22    is properly completed, the appropriate fee received, and a
23    permit issued prior to the effective date of the
24    suspension, unless 5 offenses were committed, at least 2 of
25    which occurred while operating a commercial vehicle in
26    connection with the driver's regular occupation. All other

 

 

SB1924- 57 -LRB097 08767 HEP 48897 b

1    driving privileges shall be suspended by the Secretary of
2    State. Any driver prior to operating a vehicle for
3    occupational purposes only must submit the affidavit on
4    forms to be provided by the Secretary of State setting
5    forth the facts of the person's occupation. The affidavit
6    shall also state the number of offenses committed while
7    operating a vehicle in connection with the driver's regular
8    occupation. The affidavit shall be accompanied by the
9    driver's license. Upon receipt of a properly completed
10    affidavit, the Secretary of State shall issue the driver a
11    permit to operate a vehicle in connection with the driver's
12    regular occupation only. Unless the permit is issued by the
13    Secretary of State prior to the date of suspension, the
14    privilege to drive any motor vehicle shall be suspended as
15    set forth in the notice that was mailed under this Section.
16    If an affidavit is received subsequent to the effective
17    date of this suspension, a permit may be issued for the
18    remainder of the suspension period.
19        The provisions of this subparagraph shall not apply to
20    any driver required to possess a CDL for the purpose of
21    operating a commercial motor vehicle.
22        Any person who falsely states any fact in the affidavit
23    required herein shall be guilty of perjury under Section
24    6-302 and upon conviction thereof shall have all driving
25    privileges revoked without further rights.
26        3. At the conclusion of a hearing under Section 2-118

 

 

SB1924- 58 -LRB097 08767 HEP 48897 b

1    of this Code, the Secretary of State shall either rescind
2    or continue an order of revocation or shall substitute an
3    order of suspension; or, good cause appearing therefor,
4    rescind, continue, change, or extend the order of
5    suspension. If the Secretary of State does not rescind the
6    order, the Secretary may upon application, to relieve undue
7    hardship (as defined by the rules of the Secretary of
8    State), issue a restricted driving permit granting the
9    privilege of driving a motor vehicle between the
10    petitioner's residence and petitioner's place of
11    employment or within the scope of the petitioner's
12    employment related duties, or to allow the petitioner to
13    transport himself or herself, or a family member of the
14    petitioner's household to a medical facility, to receive
15    necessary medical care, to allow the petitioner to
16    transport himself or herself to and from alcohol or drug
17    remedial or rehabilitative activity recommended by a
18    licensed service provider, or to allow the petitioner to
19    transport himself or herself or a family member of the
20    petitioner's household to classes, as a student, at an
21    accredited educational institution, or to allow the
22    petitioner to transport children, elderly persons, or
23    disabled persons who do not hold driving privileges and are
24    living in the petitioner's household to and from daycare.
25    The petitioner must demonstrate that no alternative means
26    of transportation is reasonably available and that the

 

 

SB1924- 59 -LRB097 08767 HEP 48897 b

1    petitioner will not endanger the public safety or welfare.
2    Those multiple offenders identified in subdivision (b)4 of
3    Section 6-208 of this Code, however, shall not be eligible
4    for the issuance of a restricted driving permit.
5             (A) If a person's license or permit is revoked or
6        suspended due to 2 or more convictions of violating
7        Section 11-501 of this Code or a similar provision of a
8        local ordinance or a similar out-of-state offense, or
9        Section 9-3 of the Criminal Code of 1961, where the use
10        of alcohol or other drugs is recited as an element of
11        the offense, or a similar out-of-state offense, or a
12        combination of these offenses, arising out of separate
13        occurrences, that person, if issued a restricted
14        driving permit, may not operate a vehicle unless it has
15        been equipped with an ignition interlock device as
16        defined in Section 1-129.1.
17            (B) If a person's license or permit is revoked or
18        suspended 2 or more times within a 10 year period due
19        to any combination of:
20                (i) a single conviction of violating Section
21            11-501 of this Code or a similar provision of a
22            local ordinance or a similar out-of-state offense
23            or Section 9-3 of the Criminal Code of 1961, where
24            the use of alcohol or other drugs is recited as an
25            element of the offense, or a similar out-of-state
26            offense; or

 

 

SB1924- 60 -LRB097 08767 HEP 48897 b

1                (ii) a statutory summary suspension under
2            Section 11-501.1; or
3                (iii) a suspension under Section 6-203.1;
4        arising out of separate occurrences; that person, if
5        issued a restricted driving permit, may not operate a
6        vehicle unless it has been equipped with an ignition
7        interlock device as defined in Section 1-129.1.
8            (C) The person issued a permit conditioned upon the
9        use of an ignition interlock device must pay to the
10        Secretary of State DUI Administration Fund an amount
11        not to exceed $30 per month. The Secretary shall
12        establish by rule the amount and the procedures, terms,
13        and conditions relating to these fees.
14            (D) If the restricted driving permit is issued for
15        employment purposes, then the prohibition against
16        operating a motor vehicle that is not equipped with an
17        ignition interlock device does not apply to the
18        operation of an occupational vehicle owned or leased by
19        that person's employer when used solely for employment
20        purposes.
21            (E) In each case the Secretary may issue a
22        restricted driving permit for a period deemed
23        appropriate, except that all permits shall expire
24        within one year from the date of issuance. The
25        Secretary may not, however, issue a restricted driving
26        permit to any person whose current revocation is the

 

 

SB1924- 61 -LRB097 08767 HEP 48897 b

1        result of a second or subsequent conviction for a
2        violation of Section 11-501 of this Code or a similar
3        provision of a local ordinance or any similar
4        out-of-state offense, or Section 9-3 of the Criminal
5        Code of 1961, where the use of alcohol or other drugs
6        is recited as an element of the offense, or any similar
7        out-of-state offense, or any combination of those
8        offenses, until the expiration of at least one year
9        from the date of the revocation. A restricted driving
10        permit issued under this Section shall be subject to
11        cancellation, revocation, and suspension by the
12        Secretary of State in like manner and for like cause as
13        a driver's license issued under this Code may be
14        cancelled, revoked, or suspended; except that a
15        conviction upon one or more offenses against laws or
16        ordinances regulating the movement of traffic shall be
17        deemed sufficient cause for the revocation,
18        suspension, or cancellation of a restricted driving
19        permit. The Secretary of State may, as a condition to
20        the issuance of a restricted driving permit, require
21        the applicant to participate in a designated driver
22        remedial or rehabilitative program. The Secretary of
23        State is authorized to cancel a restricted driving
24        permit if the permit holder does not successfully
25        complete the program.
26    (c-3) In the case of a suspension under paragraph 43 of

 

 

SB1924- 62 -LRB097 08767 HEP 48897 b

1subsection (a), reports received by the Secretary of State
2under this Section shall, except during the actual time the
3suspension is in effect, be privileged information and for use
4only by the courts, police officers, prosecuting authorities,
5the driver licensing administrator of any other state, the
6Secretary of State, or the parent or legal guardian of a driver
7under the age of 18. However, beginning January 1, 2008, if the
8person is a CDL holder, the suspension shall also be made
9available to the driver licensing administrator of any other
10state, the U.S. Department of Transportation, and the affected
11driver or motor carrier or prospective motor carrier upon
12request.
13    (c-4) In the case of a suspension under paragraph 43 of
14subsection (a), the Secretary of State shall notify the person
15by mail that his or her driving privileges and driver's license
16will be suspended one month after the date of the mailing of
17the notice.
18    (c-5) The Secretary of State may, as a condition of the
19reissuance of a driver's license or permit to an applicant
20whose driver's license or permit has been suspended before he
21or she reached the age of 21 years pursuant to any of the
22provisions of this Section, require the applicant to
23participate in a driver remedial education course and be
24retested under Section 6-109 of this Code.
25    (d) This Section is subject to the provisions of the
26Drivers License Compact.

 

 

SB1924- 63 -LRB097 08767 HEP 48897 b

1    (e) The Secretary of State shall not issue a restricted
2driving permit to a person under the age of 16 years whose
3driving privileges have been suspended or revoked under any
4provisions of this Code.
5    (f) In accordance with 49 C.F.R. 384, the Secretary of
6State may not issue a restricted driving permit for the
7operation of a commercial motor vehicle to a person holding a
8CDL whose driving privileges have been suspended, revoked,
9cancelled, or disqualified under any provisions of this Code.
10(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
11eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
12eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
13eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11;
1496-1305, eff. 1-1-11; revised 9-2-10.)
 
15    (Text of Section after amendment by P.A. 96-1344)
16    Sec. 6-206. Discretionary authority to suspend or revoke
17license or permit; Right to a hearing.
18    (a) The Secretary of State is authorized to suspend or
19revoke the driving privileges of any person without preliminary
20hearing upon a showing of the person's records or other
21sufficient evidence that the person:
22        1. Has committed an offense for which mandatory
23    revocation of a driver's license or permit is required upon
24    conviction;
25        2. Has been convicted of not less than 3 offenses

 

 

SB1924- 64 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 65 -LRB097 08767 HEP 48897 b

1    offenses in another state, including the authorization
2    contained in Section 6-203.1, which if committed within
3    this State would be grounds for suspension or revocation;
4        7. Has refused or failed to submit to an examination
5    provided for by Section 6-207 or has failed to pass the
6    examination;
7        8. Is ineligible for a driver's license or permit under
8    the provisions of Section 6-103;
9        9. Has made a false statement or knowingly concealed a
10    material fact or has used false information or
11    identification in any application for a license,
12    identification card, or permit;
13        10. Has possessed, displayed, or attempted to
14    fraudulently use any license, identification card, or
15    permit not issued to the person;
16        11. Has operated a motor vehicle upon a highway of this
17    State when the person's driving privilege or privilege to
18    obtain a driver's license or permit was revoked or
19    suspended unless the operation was authorized by a
20    monitoring device driving permit, judicial driving permit
21    issued prior to January 1, 2009, probationary license to
22    drive, or a restricted driving permit issued under this
23    Code;
24        12. Has submitted to any portion of the application
25    process for another person or has obtained the services of
26    another person to submit to any portion of the application

 

 

SB1924- 66 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 67 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 68 -LRB097 08767 HEP 48897 b

1        27. Has violated Section 6-16 of the Liquor Control Act
2    of 1934;
3        28. Has been convicted of the illegal possession, while
4    operating or in actual physical control, as a driver, of a
5    motor vehicle, of any controlled substance prohibited
6    under the Illinois Controlled Substances Act, any cannabis
7    prohibited under the Cannabis Control Act, or any
8    methamphetamine prohibited under the Methamphetamine
9    Control and Community Protection Act, in which case the
10    person's driving privileges shall be suspended for one
11    year, and any driver who is convicted of a second or
12    subsequent offense, within 5 years of a previous
13    conviction, for the illegal possession, while operating or
14    in actual physical control, as a driver, of a motor
15    vehicle, of any controlled substance prohibited under the
16    Illinois Controlled Substances Act, any cannabis
17    prohibited under the Cannabis Control Act, or any
18    methamphetamine prohibited under the Methamphetamine
19    Control and Community Protection Act shall be suspended for
20    5 years. Any defendant found guilty of this offense while
21    operating a motor vehicle, shall have an entry made in the
22    court record by the presiding judge that this offense did
23    occur while the defendant was operating a motor vehicle and
24    order the clerk of the court to report the violation to the
25    Secretary of State;
26        29. Has been convicted of the following offenses that

 

 

SB1924- 69 -LRB097 08767 HEP 48897 b

1    were committed while the person was operating or in actual
2    physical control, as a driver, of a motor vehicle: criminal
3    sexual assault, predatory criminal sexual assault of a
4    child, aggravated criminal sexual assault, criminal sexual
5    abuse, aggravated criminal sexual abuse, juvenile pimping,
6    soliciting for a juvenile prostitute and the manufacture,
7    sale or delivery of controlled substances or instruments
8    used for illegal drug use or abuse in which case the
9    driver's driving privileges shall be suspended for one
10    year;
11        30. Has been convicted a second or subsequent time for
12    any combination of the offenses named in paragraph 29 of
13    this subsection, in which case the person's driving
14    privileges shall be suspended for 5 years;
15        31. Has refused to submit to a test as required by
16    Section 11-501.6 or has submitted to a test resulting in an
17    alcohol concentration of 0.08 or more or any amount of a
18    drug, substance, or compound resulting from the unlawful
19    use or consumption of cannabis as listed in the Cannabis
20    Control Act, a controlled substance as listed in the
21    Illinois Controlled Substances Act, an intoxicating
22    compound as listed in the Use of Intoxicating Compounds
23    Act, or methamphetamine as listed in the Methamphetamine
24    Control and Community Protection Act, in which case the
25    penalty shall be as prescribed in Section 6-208.1;
26        32. Has been convicted of Section 24-1.2 of the

 

 

SB1924- 70 -LRB097 08767 HEP 48897 b

1    Criminal Code of 1961 relating to the aggravated discharge
2    of a firearm if the offender was located in a motor vehicle
3    at the time the firearm was discharged, in which case the
4    suspension shall be for 3 years;
5        33. Has as a driver, who was less than 21 years of age
6    on the date of the offense, been convicted a first time of
7    a violation of paragraph (a) of Section 11-502 of this Code
8    or a similar provision of a local ordinance;
9        34. Has committed a violation of Section 11-1301.5 of
10    this Code;
11        35. Has committed a violation of Section 11-1301.6 of
12    this Code;
13        36. Is under the age of 21 years at the time of arrest
14    and has been convicted of not less than 2 offenses against
15    traffic regulations governing the movement of vehicles
16    committed within any 24 month period. No revocation or
17    suspension shall be entered more than 6 months after the
18    date of last conviction;
19        37. Has committed a violation of subsection (c) of
20    Section 11-907 of this Code that resulted in damage to the
21    property of another or the death or injury of another;
22        38. Has been convicted of a violation of Section 6-20
23    of the Liquor Control Act of 1934 or a similar provision of
24    a local ordinance;
25        39. Has committed a second or subsequent violation of
26    Section 11-1201 of this Code;

 

 

SB1924- 71 -LRB097 08767 HEP 48897 b

1        40. Has committed a violation of subsection (a-1) of
2    Section 11-908 of this Code;
3        41. Has committed a second or subsequent violation of
4    Section 11-605.1 of this Code, a similar provision of a
5    local ordinance, or a similar violation in any other state
6    within 2 years of the date of the previous violation, in
7    which case the suspension shall be for 90 days;
8        42. Has committed a violation of subsection (a-1) of
9    Section 11-1301.3 of this Code;
10        43. Has received a disposition of court supervision for
11    a violation of subsection (a), (d), or (e) of Section 6-20
12    of the Liquor Control Act of 1934 or a similar provision of
13    a local ordinance, in which case the suspension shall be
14    for a period of 3 months;
15        44. Is under the age of 21 years at the time of arrest
16    and has been convicted of an offense against traffic
17    regulations governing the movement of vehicles after
18    having previously had his or her driving privileges
19    suspended or revoked pursuant to subparagraph 36 of this
20    Section; or
21        45. Has, in connection with or during the course of a
22    formal hearing conducted under Section 2-118 of this Code:
23    (i) committed perjury; (ii) submitted fraudulent or
24    falsified documents; (iii) submitted documents that have
25    been materially altered; or (iv) submitted, as his or her
26    own, documents that were in fact prepared or composed for

 

 

SB1924- 72 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 73 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 74 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 75 -LRB097 08767 HEP 48897 b

1    accredited educational institution, or to allow the
2    petitioner to transport children, elderly persons, or
3    disabled persons who do not hold driving privileges and are
4    living in the petitioner's household to and from daycare.
5    The petitioner must demonstrate that no alternative means
6    of transportation is reasonably available and that the
7    petitioner will not endanger the public safety or welfare.
8    Those multiple offenders identified in subdivision (b)4 of
9    Section 6-208 of this Code, however, shall not be eligible
10    for the issuance of a restricted driving permit.
11             (A) If a person's license or permit is revoked or
12        suspended due to 2 or more convictions of violating
13        Section 11-501 of this Code or a similar provision of a
14        local ordinance or a similar out-of-state offense, or
15        Section 9-3 of the Criminal Code of 1961, where the use
16        of alcohol or other drugs is recited as an element of
17        the offense, or a similar out-of-state offense, or a
18        combination of these offenses, arising out of separate
19        occurrences, that person, if issued a restricted
20        driving permit, may not operate a vehicle unless it has
21        been equipped with an ignition interlock device as
22        defined in Section 1-129.1.
23            (B) If a person's license or permit is revoked or
24        suspended 2 or more times within a 10 year period due
25        to any combination of:
26                (i) a single conviction of violating Section

 

 

SB1924- 76 -LRB097 08767 HEP 48897 b

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

 

 

SB1924- 77 -LRB097 08767 HEP 48897 b

1            (E) In each case the Secretary may issue a
2        restricted driving permit for a period deemed
3        appropriate, except that all permits shall expire
4        within one year from the date of issuance. The
5        Secretary may not, however, issue a restricted driving
6        permit to any person whose current revocation is the
7        result of a second or subsequent conviction for a
8        violation of Section 11-501 of this Code or a similar
9        provision of a local ordinance or any similar
10        out-of-state offense, or Section 9-3 of the Criminal
11        Code of 1961, where the use of alcohol or other drugs
12        is recited as an element of the offense, or any similar
13        out-of-state offense, or any combination of those
14        offenses, until the expiration of at least one year
15        from the date of the revocation. A restricted driving
16        permit issued under this Section shall be subject to
17        cancellation, revocation, and suspension by the
18        Secretary of State in like manner and for like cause as
19        a driver's license issued under this Code may be
20        cancelled, revoked, or suspended; except that a
21        conviction upon one or more offenses against laws or
22        ordinances regulating the movement of traffic shall be
23        deemed sufficient cause for the revocation,
24        suspension, or cancellation of a restricted driving
25        permit. The Secretary of State may, as a condition to
26        the issuance of a restricted driving permit, require

 

 

SB1924- 78 -LRB097 08767 HEP 48897 b

1        the applicant to participate in a designated driver
2        remedial or rehabilitative program. The Secretary of
3        State is authorized to cancel a restricted driving
4        permit if the permit holder does not successfully
5        complete the program.
6    (c-3) In the case of a suspension under paragraph 43 of
7subsection (a), reports received by the Secretary of State
8under this Section shall, except during the actual time the
9suspension is in effect, be privileged information and for use
10only by the courts, police officers, prosecuting authorities,
11the driver licensing administrator of any other state, the
12Secretary of State, or the parent or legal guardian of a driver
13under the age of 18. However, beginning January 1, 2008, if the
14person is a CDL holder, the suspension shall also be made
15available to the driver licensing administrator of any other
16state, the U.S. Department of Transportation, and the affected
17driver or motor carrier or prospective motor carrier upon
18request.
19    (c-4) In the case of a suspension under paragraph 43 of
20subsection (a), the Secretary of State shall notify the person
21by mail that his or her driving privileges and driver's license
22will be suspended one month after the date of the mailing of
23the notice.
24    (c-5) The Secretary of State may, as a condition of the
25reissuance of a driver's license or permit to an applicant
26whose driver's license or permit has been suspended before he

 

 

SB1924- 79 -LRB097 08767 HEP 48897 b

1or she reached the age of 21 years pursuant to any of the
2provisions of this Section, require the applicant to
3participate in a driver remedial education course and be
4retested under Section 6-109 of this Code.
5    (d) This Section is subject to the provisions of the
6Drivers License Compact.
7    (e) The Secretary of State shall not issue a restricted
8driving permit to a person under the age of 16 years whose
9driving privileges have been suspended or revoked under any
10provisions of this Code.
11    (f) In accordance with 49 C.F.R. 384, the Secretary of
12State may not issue a restricted driving permit for the
13operation of a commercial motor vehicle to a person holding a
14CDL whose driving privileges have been suspended, revoked,
15cancelled, or disqualified under any provisions of this Code.
16(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
17eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
18eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
19eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11;
2096-1305, eff. 1-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.)
 
21    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
22    Sec. 6-206.1. Monitoring Device Driving Permit.
23Declaration of Policy. It is hereby declared a policy of the
24State of Illinois that the driver who is impaired by alcohol,
25other drug or drugs, or intoxicating compound or compounds is a

 

 

SB1924- 80 -LRB097 08767 HEP 48897 b

1threat to the public safety and welfare. Therefore, to provide
2a deterrent to such practice, a statutory summary driver's
3license suspension is appropriate. It is also recognized that
4driving is a privilege and therefore, that the granting of
5driving privileges, in a manner consistent with public safety,
6is warranted during the period of suspension in the form of a
7monitoring device driving permit. A person who drives and fails
8to comply with the requirements of the monitoring device
9driving permit commits a violation of Section 6-303 of this
10Code.
11    The following procedures shall apply whenever a first
12offender is arrested for any offense as defined in Section
1311-501 or a similar provision of a local ordinance:
14    (a) Subsequent to a notification of a statutory summary
15suspension of driving privileges as provided in Section
1611-501.1, the court, after informing the first offender, as
17defined in Section 11-500, of his or her right to a monitoring
18device driving permit, hereinafter referred to as a MDDP, and
19of the obligations of the MDDP, shall enter an order directing
20the Secretary of State (hereinafter referred to as the
21Secretary) to issue a MDDP to the offender, unless the offender
22has opted, in writing, not to have a MDDP issued. After opting
23out of having a MDDP issued, at any time during the summary
24suspension, the offender may petition the court for an order
25directing the Secretary to issue a MDDP. However, the court
26shall not enter the order directing the Secretary to issue the

 

 

SB1924- 81 -LRB097 08767 HEP 48897 b

1MDDP, in any instance, if the court finds:
2        (1) The offender's driver's license is otherwise
3    invalid;
4        (2) Death or great bodily harm resulted from the arrest
5    for Section 11-501;
6        (3) That the offender has been previously convicted of
7    reckless homicide or aggravated driving under the
8    influence involving death; or
9        (4) That the offender is less than 18 years of age.
10    Any court order for a MDDP shall order the person to pay
11the Secretary a MDDP Administration Fee in an amount not to
12exceed $30 per month, to be deposited into the Monitoring
13Device Driving Permit Administration Fee Fund. The Secretary
14shall establish by rule the amount and the procedures, terms,
15and conditions relating to these fees. The order shall further
16specify that the offender must have an ignition interlock
17device installed within 14 days of the date the Secretary
18issues the MDDP. The ignition interlock device provider must
19notify the Secretary, in a manner and form prescribed by the
20Secretary, of the installation. If the Secretary does not
21receive notice of installation, the Secretary shall cancel the
22MDDP.
23    A MDDP shall not become effective prior to the 31st day of
24the original statutory summary suspension.
25    (a-1) A person issued a MDDP may drive for any purpose and
26at any time, subject to the rules adopted by the Secretary

 

 

SB1924- 82 -LRB097 08767 HEP 48897 b

1under subsection (g). The person must, at his or her own
2expense, drive only vehicles equipped with an ignition
3interlock device as defined in Section 1-129.1, but in no event
4shall such person drive a commercial motor vehicle.
5    (a-2) Persons who are issued a MDDP and must drive
6employer-owned vehicles in the course of their employment
7duties may seek permission to drive an employer-owned vehicle
8that does not have an ignition interlock device. The employer
9shall provide to the Secretary a form, as prescribed by the
10Secretary, completed by the employer verifying that the
11employee must drive an employer-owned vehicle in the course of
12employment. If approved by the Secretary, the form must be in
13the driver's possession while operating an employer-owner
14vehicle not equipped with an ignition interlock device. No
15person may use this exemption to drive a school bus, school
16vehicle, or a vehicle designed to transport more than 15
17passengers. No person may use this exemption to drive an
18employer-owned motor vehicle that is owned by an entity that is
19wholly or partially owned by the person holding the MDDP, or by
20a family member of the person holding the MDDP. No person may
21use this exemption to drive an employer-owned vehicle that is
22made available to the employee for personal use. No person may
23drive the exempted vehicle more than 12 hours per day, 6 days
24per week.
25    (b) (Blank).
26    (c) (Blank).

 

 

SB1924- 83 -LRB097 08767 HEP 48897 b

1    (c-1) If the holder of the MDDP is convicted of or receives
2court supervision for a violation of Section 6-206.2, 6-303,
311-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
4provision of a local ordinance or a similar out-of-state
5offense or is convicted of or receives court supervision for
6any offense for which alcohol or drugs is an element of the
7offense and in which a motor vehicle was involved (for an
8arrest other than the one for which the MDDP is issued), or
9de-installs the BAIID without prior authorization from the
10Secretary, the MDDP shall be cancelled.
11    (c-5) If the court determines that the person seeking the
12MDDP is indigent, the court shall provide the person with a
13written document, in a form prescribed by the Secretary, as
14evidence of that determination, and the person shall provide
15that written document to an ignition interlock device provider.
16The provider shall install an ignition interlock device on that
17person's vehicle without charge to the person, and seek
18reimbursement from the Indigent BAIID Fund. If the court has
19deemed an offender indigent, the BAIID provider shall also
20provide the normal monthly monitoring services and the
21de-installation without charge to the offender and seek
22reimbursement from the Indigent BAIID Fund. Any other monetary
23charges, such as a lockout fee or reset fee, shall be the
24responsibility of the MDDP holder. A BAIID provider may not
25seek a security deposit from the Indigent BAIID Fund. The court
26shall also forward a copy of the indigent determination to the

 

 

SB1924- 84 -LRB097 08767 HEP 48897 b

1Secretary, in a manner and form as prescribed by the Secretary.
2    (d) The Secretary shall, upon receiving a court order,
3issue a MDDP to a person who applies for a MDDP under this
4Section. Such court order shall contain the name, driver's
5license number, and legal address of the applicant. This
6information shall be available only to the courts, police
7officers, and the Secretary, except during the actual period
8the MDDP is valid, during which time it shall be a public
9record. The Secretary shall design and furnish to the courts an
10official court order form to be used by the courts when
11directing the Secretary to issue a MDDP.
12    Any submitted court order that contains insufficient data
13or fails to comply with this Code shall not be utilized for
14MDDP issuance or entered to the driver record but shall be
15returned to the issuing court indicating why the MDDP cannot be
16so entered. A notice of this action shall also be sent to the
17MDDP applicant by the Secretary.
18    (e) (Blank).
19    (f) (Blank).
20    (g) The Secretary shall adopt rules for implementing this
21Section. The rules adopted shall address issues including, but
22not limited to: compliance with the requirements of the MDDP;
23methods for determining compliance with those requirements;
24the consequences of noncompliance with those requirements;
25what constitutes a violation of the MDDP; and the duties of a
26person or entity that supplies the ignition interlock device.

 

 

SB1924- 85 -LRB097 08767 HEP 48897 b

1    (h) The rules adopted under subsection (g) shall provide,
2at a minimum, that the person is not in compliance with the
3requirements of the MDDP if he or she:
4        (1) tampers or attempts to tamper with or circumvent
5    the proper operation of the ignition interlock device;
6        (2) provides valid breath samples that register blood
7    alcohol levels in excess of the number of times allowed
8    under the rules;
9        (3) fails to provide evidence sufficient to satisfy the
10    Secretary that the ignition interlock device has been
11    installed in the designated vehicle or vehicles; or
12        (4) fails to follow any other applicable rules adopted
13    by the Secretary.
14    (i) Any person or entity that supplies an ignition
15interlock device as provided under this Section shall, in
16addition to supplying only those devices which fully comply
17with all the rules adopted under subsection (g), provide the
18Secretary, within 7 days of inspection, all monitoring reports
19of each person who has had an ignition interlock device
20installed. These reports shall be furnished in a manner or form
21as prescribed by the Secretary.
22    (j) Upon making a determination that a violation of the
23requirements of the MDDP has occurred, the Secretary shall
24extend the summary suspension period for an additional 3 months
25beyond the originally imposed summary suspension period,
26during which time the person shall only be allowed to drive

 

 

SB1924- 86 -LRB097 08767 HEP 48897 b

1vehicles equipped with an ignition interlock device; provided
2further there are no limitations on the total number of times
3the summary suspension may be extended. The Secretary may,
4however, limit the number of extensions imposed for violations
5occurring during any one monitoring period, as set forth by
6rule. Any person whose summary suspension is extended pursuant
7to this Section shall have the right to contest the extension
8through a hearing with the Secretary, pursuant to Section 2-118
9of this Code. If the summary suspension has already terminated
10prior to the Secretary receiving the monitoring report that
11shows a violation, the Secretary shall be authorized to suspend
12the person's driving privileges for 3 months, provided that the
13Secretary may, by rule, limit the number of suspensions to be
14entered pursuant to this paragraph for violations occurring
15during any one monitoring period. Any person whose license is
16suspended pursuant to this paragraph, after the summary
17suspension had already terminated, shall have the right to
18contest the suspension through a hearing with the Secretary,
19pursuant to Section 2-118 of this Code. The only permit the
20person shall be eligible for during this new suspension period
21is a MDDP.
22    (k) A person who has had his or her summary suspension
23extended for the third time, or has any combination of 3
24extensions and new suspensions, entered as a result of a
25violation that occurred while holding the MDDP, so long as the
26extensions and new suspensions relate to the same summary

 

 

SB1924- 87 -LRB097 08767 HEP 48897 b

1suspension, shall have his or her vehicle impounded for a
2period of 30 days, at the person's own expense. A person who
3has his or her summary suspension extended for the fourth time,
4or has any combination of 4 extensions and new suspensions,
5entered as a result of a violation that occurred while holding
6the MDDP, so long as the extensions and new suspensions relate
7to the same summary suspension, shall have his or her vehicle
8subject to seizure and forfeiture. The Secretary shall notify
9the prosecuting authority of any third or fourth extensions or
10new suspension entered as a result of a violation that occurred
11while the person held a MDDP. Upon receipt of the notification,
12the prosecuting authority shall impound or forfeit the vehicle.
13The impoundment or forfeiture of a vehicle shall be conducted
14pursuant to the procedure specified in Article 36 of the
15Criminal Code of 1961.
16    (l) A person whose driving privileges have been suspended
17under Section 11-501.1 of this Code and who had a MDDP that was
18cancelled, or would have been cancelled had notification of a
19violation been received prior to expiration of the MDDP,
20pursuant to subsection (c-1) of this Section, shall not be
21eligible for reinstatement when the summary suspension is
22scheduled to terminate. Instead, the person's driving
23privileges shall be suspended for a period of not less than
24twice the original summary suspension period, or for the length
25of any extensions entered under subsection (j), whichever is
26longer. During the period of suspension, the person shall be

 

 

SB1924- 88 -LRB097 08767 HEP 48897 b

1eligible only to apply for a restricted driving permit. If a
2restricted driving permit is granted, the offender may only
3operate vehicles equipped with a BAIID in accordance with this
4Section.
5    (m) Any person or entity that supplies an ignition
6interlock device under this Section shall, for each ignition
7interlock device installed, pay 5% of the total gross revenue
8received for the device, including monthly monitoring fees,
9into the Indigent BAIID Fund. This 5% shall be clearly
10indicated as a separate surcharge on each invoice that is
11issued. The Secretary shall conduct an annual review of the
12fund to determine whether the surcharge is sufficient to
13provide for indigent users. The Secretary may increase or
14decrease this surcharge requirement as needed.
15    (n) Any person or entity that supplies an ignition
16interlock device under this Section that is requested to
17provide an ignition interlock device to a person who presents
18written documentation of indigency from the court, as provided
19in subsection (c-5) of this Section, shall install the device
20on the person's vehicle without charge to the person and shall
21seek reimbursement from the Indigent BAIID Fund.
22    (o) The Indigent BAIID Fund is created as a special fund in
23the State treasury. The Secretary shall, subject to
24appropriation by the General Assembly, use all money in the
25Indigent BAIID Fund to reimburse ignition interlock device
26providers who have installed devices in vehicles of indigent

 

 

SB1924- 89 -LRB097 08767 HEP 48897 b

1persons pursuant to court orders issued under this Section. The
2Secretary shall make payments to such providers every 3 months.
3If the amount of money in the fund at the time payments are
4made is not sufficient to pay all requests for reimbursement
5submitted during that 3 month period, the Secretary shall make
6payments on a pro-rata basis, and those payments shall be
7considered payment in full for the requests submitted.
8    (p) The Monitoring Device Driving Permit Administration
9Fee Fund is created as a special fund in the State treasury.
10The Secretary shall, subject to appropriation by the General
11Assembly, use the money paid into this fund to offset its
12administrative costs for administering MDDPs.
13(Source: P.A. 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; 95-855,
14eff. 1-1-09; 95-876, eff. 8-21-08; 96-184, eff. 8-10-09.)
 
15    (625 ILCS 5/6-207)  (from Ch. 95 1/2, par. 6-207)
16    Sec. 6-207. Secretary of State may require reexamination or
17reissuance of a license.
18    (a) The Secretary of State, having good cause to believe
19that a licensed driver or person holding a permit or applying
20for a license or license renewal is incompetent or otherwise
21not qualified to hold a license or permit, may upon written
22notice of at least 5 days to the person require the person to
23submit to an examination as prescribed by the Secretary.
24    Refusal or neglect of the person to submit an alcohol,
25drug, or intoxicating compound evaluation or submit to or

 

 

SB1924- 90 -LRB097 08767 HEP 48897 b

1failure to successfully complete the examination is grounds for
2suspension of the person's license or permit under Section
36-206 of this Act or cancellation of his license or permit
4under Section 6-201 of this Act.
5    (b) The Secretary of State, having issued a driver's
6license or permit in error, may upon written notice of at least
75 days to the person, require the person to appear at a Driver
8Services facility to have the license or permit error corrected
9and a new license or permit issued.
10    Refusal or neglect of the person to appear is grounds for
11cancellation of the person's license or permit under Section
126-201 of this Act.
13    (c) The Secretary of State, having issued a driver's
14license or permit to a person who subsequently becomes
15ineligible to retain that license or permit as currently
16issued, may, upon written notice of at least 5 days to the
17person, require the person to appear at a Driver Services
18facility to have the license or permit corrected and a new
19license or permit issued.
20    (d) The Secretary of State, having good cause to believe
21that a driver's license or permit was issued based on invalid,
22fictitious, or fraudulent documents, may upon written notice of
23at least 5 days require the person to appear at a Driver
24Services facility to present valid documents for verification
25of identity. Refusal or neglect of the person to appear shall
26result in cancellation of the person's license or permit.

 

 

SB1924- 91 -LRB097 08767 HEP 48897 b

1(Source: P.A. 95-382, eff. 8-23-07.)
 
2    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
3    (Text of Section before amendment by P.A. 96-1344)
4    Sec. 6-208.1. Period of statutory summary alcohol, other
5drug, or intoxicating compound related suspension.
6    (a) Unless the statutory summary suspension has been
7rescinded, any person whose privilege to drive a motor vehicle
8on the public highways has been summarily suspended, pursuant
9to Section 11-501.1, shall not be eligible for restoration of
10the privilege until the expiration of:
11        1. Twelve months from the effective date of the
12    statutory summary suspension for a refusal or failure to
13    complete a test or tests to determine the alcohol, drug, or
14    intoxicating compound concentration, pursuant to Section
15    11-501.1; or
16        2. Six months from the effective date of the statutory
17    summary suspension imposed following the person's
18    submission to a chemical test which disclosed an alcohol
19    concentration of 0.08 or more, or any amount of a drug,
20    substance, or intoxicating compound in such person's
21    breath, blood, or urine resulting from the unlawful use or
22    consumption of cannabis listed in the Cannabis Control Act,
23    a controlled substance listed in the Illinois Controlled
24    Substances Act, an intoxicating compound listed in the Use
25    of Intoxicating Compounds Act, or methamphetamine as

 

 

SB1924- 92 -LRB097 08767 HEP 48897 b

1    listed in the Methamphetamine Control and Community
2    Protection Act, pursuant to Section 11-501.1; or
3        3. Three years from the effective date of the statutory
4    summary suspension for any person other than a first
5    offender who refuses or fails to complete a test or tests
6    to determine the alcohol, drug, or intoxicating compound
7    concentration pursuant to Section 11-501.1; or
8        4. One year from the effective date of the summary
9    suspension imposed for any person other than a first
10    offender following submission to a chemical test which
11    disclosed an alcohol concentration of 0.08 or more pursuant
12    to Section 11-501.1 or any amount of a drug, substance or
13    compound in such person's blood or urine resulting from the
14    unlawful use or consumption of cannabis listed in the
15    Cannabis Control Act, a controlled substance listed in the
16    Illinois Controlled Substances Act, an intoxicating
17    compound listed in the Use of Intoxicating Compounds Act,
18    or methamphetamine as listed in the Methamphetamine
19    Control and Community Protection Act.
20    (b) Following a statutory summary suspension of the
21privilege to drive a motor vehicle under Section 11-501.1,
22driving privileges shall be restored unless the person is
23otherwise suspended, revoked, or cancelled by this Code. If the
24court has reason to believe that the person's driving privilege
25should not be restored, the court shall notify the Secretary of
26State prior to the expiration of the statutory summary

 

 

SB1924- 93 -LRB097 08767 HEP 48897 b

1suspension so appropriate action may be taken pursuant to this
2Code.
3    (c) Driving privileges may not be restored until all
4applicable reinstatement fees, as provided by this Code, have
5been paid to the Secretary of State and the appropriate entry
6made to the driver's record.
7    (d) Where a driving privilege has been summarily suspended
8under Section 11-501.1 and the person is subsequently convicted
9of violating Section 11-501, or a similar provision of a local
10ordinance, for the same incident, any period served on
11statutory summary suspension shall be credited toward the
12minimum period of revocation of driving privileges imposed
13pursuant to Section 6-205.
14    (e) Following a statutory summary suspension of driving
15privileges pursuant to Section 11-501.1, for a first offender,
16the circuit court shall, unless the offender has opted in
17writing not to have a monitoring device driving permit issued,
18order the Secretary of State to issue a monitoring device
19driving permit as provided in Section 6-206.1. A monitoring
20device driving permit shall not be effective prior to the 31st
21day of the statutory summary suspension.
22    (f) (Blank).
23    (g) Following a statutory summary suspension of driving
24privileges pursuant to Section 11-501.1 where the person was
25not a first offender, as defined in Section 11-500, the
26Secretary of State may not issue a restricted driving permit.

 

 

SB1924- 94 -LRB097 08767 HEP 48897 b

1    (h) (Blank).
2(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
3eff. 8-21-08.)
 
4    (Text of Section after amendment by P.A. 96-1344)
5    Sec. 6-208.1. Period of statutory summary alcohol, other
6drug, or intoxicating compound related suspension or
7revocation.
8    (a) Unless the statutory summary suspension has been
9rescinded, any person whose privilege to drive a motor vehicle
10on the public highways has been summarily suspended, pursuant
11to Section 11-501.1, shall not be eligible for restoration of
12the privilege until the expiration of:
13        1. Twelve months from the effective date of the
14    statutory summary suspension for a refusal or failure to
15    complete a test or tests to determine the alcohol, drug, or
16    intoxicating compound concentration, pursuant to Section
17    11-501.1, if the person was not involved in a motor vehicle
18    crash that caused personal injury or death to another; or
19        2. Six months from the effective date of the statutory
20    summary suspension imposed following the person's
21    submission to a chemical test which disclosed an alcohol
22    concentration of 0.08 or more, or any amount of a drug,
23    substance, or intoxicating compound in such person's
24    breath, blood, or urine resulting from the unlawful use or
25    consumption of cannabis listed in the Cannabis Control Act,

 

 

SB1924- 95 -LRB097 08767 HEP 48897 b

1    a controlled substance listed in the Illinois Controlled
2    Substances Act, an intoxicating compound listed in the Use
3    of Intoxicating Compounds Act, or methamphetamine as
4    listed in the Methamphetamine Control and Community
5    Protection Act, pursuant to Section 11-501.1; or
6        3. Three years from the effective date of the statutory
7    summary suspension for any person other than a first
8    offender who refuses or fails to complete a test or tests
9    to determine the alcohol, drug, or intoxicating compound
10    concentration pursuant to Section 11-501.1; or
11        4. One year from the effective date of the summary
12    suspension imposed for any person other than a first
13    offender following submission to a chemical test which
14    disclosed an alcohol concentration of 0.08 or more pursuant
15    to Section 11-501.1 or any amount of a drug, substance or
16    compound in such person's blood or urine resulting from the
17    unlawful use or consumption of cannabis listed in the
18    Cannabis Control Act, a controlled substance listed in the
19    Illinois Controlled Substances Act, an intoxicating
20    compound listed in the Use of Intoxicating Compounds Act,
21    or methamphetamine as listed in the Methamphetamine
22    Control and Community Protection Act.
23    (a-1) Unless the statutory summary revocation has been
24rescinded, any person whose privilege to drive has been
25summarily revoked pursuant to Section 11-501.1 may not make
26application for a license or permit until the expiration of one

 

 

SB1924- 96 -LRB097 08767 HEP 48897 b

1year from the effective date of the summary revocation.
2    (b) Following a statutory summary suspension of the
3privilege to drive a motor vehicle under Section 11-501.1,
4driving privileges shall be restored unless the person is
5otherwise suspended, revoked, or cancelled by this Code. If the
6court has reason to believe that the person's driving privilege
7should not be restored, the court shall notify the Secretary of
8State prior to the expiration of the statutory summary
9suspension so appropriate action may be taken pursuant to this
10Code.
11    (c) Driving privileges may not be restored until all
12applicable reinstatement fees, as provided by this Code, have
13been paid to the Secretary of State and the appropriate entry
14made to the driver's record.
15    (d) Where a driving privilege has been summarily suspended
16or revoked under Section 11-501.1 and the person is
17subsequently convicted of violating Section 11-501, or a
18similar provision of a local ordinance, for the same incident,
19any period served on statutory summary suspension or revocation
20shall be credited toward the minimum period of revocation of
21driving privileges imposed pursuant to Section 6-205.
22    (e) Following a statutory summary suspension of driving
23privileges pursuant to Section 11-501.1, for a first offender,
24the circuit court shall, unless the offender has opted in
25writing not to have a monitoring device driving permit issued,
26order the Secretary of State to issue a monitoring device

 

 

SB1924- 97 -LRB097 08767 HEP 48897 b

1driving permit as provided in Section 6-206.1. A monitoring
2device driving permit shall not be effective prior to the 31st
3day of the statutory summary suspension. A first offender who
4refused chemical testing and whose driving privileges were
5summarily revoked pursuant to Section 11-501.1 shall not be
6eligible for a monitoring device driving permit, but may make
7application for reinstatement or for a restricted driving
8permit after a period of one year has elapsed from the
9effective date of the revocation any type of driving permit or
10privilege during the summary revocation.
11    (f) (Blank).
12    (g) Following a statutory summary suspension of driving
13privileges pursuant to Section 11-501.1 where the person was
14not a first offender, as defined in Section 11-500, the
15Secretary of State may not issue a restricted driving permit.
16    (h) (Blank).
17(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
18eff. 8-21-08; 96-1344, eff. 7-1-11.)
 
19    (625 ILCS 5/6-401)  (from Ch. 95 1/2, par. 6-401)
20    Sec. 6-401. Driver training schools-license required. No
21person, firm, association, partnership or corporation shall
22operate a driver training school or engage in the business of
23giving instruction for hire or for a fee in (1) the driving of
24motor vehicles; or (2) for the preparation of an applicant for
25examination given by the Secretary of State for a drivers

 

 

SB1924- 98 -LRB097 08767 HEP 48897 b

1license or permit, unless a license therefor has been issued by
2the Secretary. No public schools or educational institutions
3shall contract with entities engaged in the business of giving
4instruction for hire or for a fee in the driving of motor
5vehicles for the preparation of an applicant for examination
6given by the Secretary of State for a driver's license or
7permit, unless a license therefor has been issued by the
8Secretary.
9    This Section shall not apply to (i) public schools or to
10educational institutions in which driving instruction is part
11of the curriculum, (ii) employers giving instruction to their
12employees, or (iii) schools that teach enhanced driving skills
13to licensed drivers as set forth in Article X of Chapter 6 of
14this Code.
15(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
 
16    (625 ILCS 5/6-419)  (from Ch. 95 1/2, par. 6-419)
17    Sec. 6-419. Rules and Regulations. The Secretary is
18authorized to prescribe by rule standards for the eligibility,
19conduct and operation of driver training schools, and
20instructors and to adopt other reasonable rules and regulations
21necessary to carry out the provisions of this Act. The
22Secretary may adopt rules exempting particular types of driver
23training schools from specific statutory provisions in
24Sections 6-401 through 6-424, where application of those
25provisions would be inconsistent with the manner of instruction

 

 

SB1924- 99 -LRB097 08767 HEP 48897 b

1offered by those schools.
2(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10.)
 
3    (625 ILCS 5/6-507)  (from Ch. 95 1/2, par. 6-507)
4    Sec. 6-507. Commercial Driver's License (CDL) Required.
5    (a) Except as expressly permitted by this UCDLA, or when
6driving pursuant to the issuance of a commercial driver
7instruction permit and accompanied by the holder of a CDL valid
8for the vehicle being driven; no person shall drive a
9commercial motor vehicle on the highways without:
10        (1) a CDL in the driver's possession;
11        (2) having obtained a CDL; or
12        (3) the proper class of CDL or endorsements or both for
13    the specific vehicle group being operated or for the
14    passengers or type of cargo being transported.
15    (b) Except as otherwise provided by this Code, no person
16may drive a commercial motor vehicle on the highways while such
17person's driving privilege, license, or permit is:
18        (1) Suspended, revoked, cancelled, or subject to
19    disqualification. Any person convicted of violating this
20    provision or a similar provision of this or any other state
21    shall have their driving privileges revoked under
22    paragraph 12 of subsection (a) of Section 6-205 of this
23    Code.
24        (2) Subject to or in violation of an "out-of-service"
25    order. Any person who has been issued a CDL and is

 

 

SB1924- 100 -LRB097 08767 HEP 48897 b

1    convicted of violating this provision or a similar
2    provision of any other state shall be disqualified from
3    operating a commercial motor vehicle under subsection (i)
4    of Section 6-514 of this Code.
5        (3) Subject to or in violation of a driver or vehicle
6    "out of service" order while operating a vehicle designed
7    to transport 16 or more passengers, including the driver,
8    or transporting hazardous materials required to be
9    placarded. Any person who has been issued a CDL and is
10    convicted of violating this provision or a similar
11    provision of this or any other state shall be disqualified
12    from operating a commercial motor vehicle under subsection
13    (i) of Section 6-514 of this Code.
14    (b-3) Except as otherwise provided by this Code, no person
15may drive a commercial motor vehicle on the highways during a
16period which the commercial motor vehicle or the motor carrier
17operation is subject to an "out-of-service" order. Any person
18who is convicted of violating this provision or a similar
19provision of any other state shall be disqualified from
20operating a commercial motor vehicle under subsection (i) of
21Section 6-514 of this Code.
22    (b-5) Except as otherwise provided by this Code, no person
23may operate a vehicle designed to transport 16 or more
24passengers including the driver or hazardous materials of a
25type or quantity that requires the vehicle to be placarded
26during a period in which the commercial motor vehicle or the

 

 

SB1924- 101 -LRB097 08767 HEP 48897 b

1motor carrier operation is subject to an "out-of-service"
2order. Any person who is convicted of violating this provision
3or a similar provision of any other state shall be disqualified
4from operating a commercial motor vehicle under subsection (i)
5of Section 6-514 of this Code.
6    (c) Pursuant to the options provided to the States by FHWA
7Docket No. MC-88-8, the driver of any motor vehicle controlled
8or operated by or for a farmer is waived from the requirements
9of this Section, when such motor vehicle is being used to
10transport: agricultural products; implements of husbandry; or
11farm supplies; to and from a farm, as long as such movement is
12not over 150 air miles from the originating farm. This waiver
13does not apply to the driver of any motor vehicle being used in
14a common or contract carrier type operation. However, for those
15drivers of any truck-tractor semitrailer combination or
16combinations registered under subsection (c) of Section 3-815
17of this Code, this waiver shall apply only when the driver is a
18farmer or a member of the farmer's family and the driver is 21
19years of age or more and has successfully completed any tests
20the Secretary of State deems necessary.
21    In addition, the farmer or a member of the farmer's family
22who operates a truck-tractor semitrailer combination or
23combinations pursuant to this waiver shall be granted all of
24the rights and shall be subject to all of the duties and
25restrictions with respect to Sections 6-514 and 6-515 of this
26Code applicable to the driver who possesses a commercial

 

 

SB1924- 102 -LRB097 08767 HEP 48897 b

1driver's license issued under this Code, except that the driver
2shall not be subject to any additional duties or restrictions
3contained in Part 382 of the Federal Motor Carrier Safety
4Regulations that are not otherwise imposed under Section 6-514
5or 6-515 of this Code.
6    For purposes of this subsection (c), a member of the
7farmer's family is a natural or in-law spouse, child, parent,
8or sibling.
9    (c-5) An employee of a township or road district with a
10population of less than 3,000 operating a vehicle within the
11boundaries of the township or road district for the purpose of
12removing snow or ice from a roadway by plowing, sanding, or
13salting is waived from the requirements of this Section when
14the employee is needed to operate the vehicle because the
15employee of the township or road district who ordinarily
16operates the vehicle and who has a commercial driver's license
17is unable to operate the vehicle or is in need of additional
18assistance due to a snow emergency.
19    (c-10) A driver of a commercial motor vehicle used
20primarily in the transportation of propane winter heating fuel
21or a driver of a motor vehicle used to respond to a pipeline
22emergency is waived from the requirements of this Section if
23such requirements would prevent the driver from responding to
24an emergency condition requiring immediate response as defined
25in 49 C.F.R. Part 390.5.
26    (d) Any person convicted of violating this Section, shall

 

 

SB1924- 103 -LRB097 08767 HEP 48897 b

1be guilty of a Class A misdemeanor.
2    (e) Any person convicted of violating paragraph (1) of
3subsection (b) of this Section, shall have all driving
4privileges revoked by the Secretary of State.
5    (f) This Section shall not apply to:
6        (1) A person who currently holds a valid Illinois
7    driver's license, for the type of vehicle being operated,
8    until the expiration of such license or April 1, 1992,
9    whichever is earlier; or
10        (2) A non-Illinois domiciliary who is properly
11    licensed in another State, until April 1, 1992. A
12    non-Illinois domiciliary, if such domiciliary is properly
13    licensed in another State or foreign jurisdiction, until
14    April 1, 1992.
15(Source: P.A. 95-382, eff. 8-23-07; 96-544, eff. 1-1-10.)
 
16    (625 ILCS 5/6-908)  (from Ch. 95 1/2, par. 6-908)
17    Sec. 6-908. Confidential information. As provided in
18subsection (j) of Section 2-123 of this Code, all information
19furnished to the Secretary or Board, the results of all
20examinations made at their direction, and all medical findings
21of the Board shall be confidential and for the sole use of the
22Board and the Secretary which may have access to the same for
23the purposes as set forth in this Act. Except as provided in
24this Section, no No confidential information may be open to
25public inspection or the contents disclosed to anyone, except

 

 

SB1924- 104 -LRB097 08767 HEP 48897 b

1the person under review and then only to the extent necessary
2to comply with a request for discovery during the hearing
3process, unless so directed by a court of competent
4jurisdiction. If the Secretary receives a medical report
5regarding a driver that does not address a medical condition
6contained in a previous medical report, the Secretary may
7disclose the unaddressed medical condition to the driver or his
8or her physician, or both, solely for the purpose of submission
9of a medical report that addresses the condition.
10(Source: P.A. 87-1249.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.