99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3160

 

Introduced 2/19/2016, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-205
625 ILCS 5/6-206

    Amends the Illinois Vehicle Code. Provides that upon notice of suspension of a person's driver's license, the Secretary of State shall give the person an option to complete a driver education program within 45 days of notice. Provides that upon completion of the program and providing the Secretary with necessary documentation, the person's driver's license suspension shall terminate if the person does not commit a similar driving offense within 6 months of the notice.


LRB099 20585 AXK 45142 b

 

 

A BILL FOR

 

SB3160LRB099 20585 AXK 45142 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-205 and 6-206 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver's conviction of any of the following offenses:
13        1. Reckless homicide resulting from the operation of a
14    motor vehicle;
15        2. Violation of Section 11-501 of this Code or a
16    similar provision of a local ordinance relating to the
17    offense of operating or being in physical control of a
18    vehicle while under the influence of alcohol, other drug or
19    drugs, intoxicating compound or compounds, or any
20    combination thereof;
21        3. Any felony under the laws of any State or the
22    federal government in the commission of which a motor
23    vehicle was used;

 

 

SB3160- 2 -LRB099 20585 AXK 45142 b

1        4. Violation of Section 11-401 of this Code relating to
2    the offense of leaving the scene of a traffic accident
3    involving death or personal injury;
4        5. Perjury or the making of a false affidavit or
5    statement under oath to the Secretary of State under this
6    Code or under any other law relating to the ownership or
7    operation of motor vehicles;
8        6. Conviction upon 3 charges of violation of Section
9    11-503 of this Code relating to the offense of reckless
10    driving committed within a period of 12 months;
11        7. Conviction of any offense defined in Section 4-102
12    of this Code;
13        8. Violation of Section 11-504 of this Code relating to
14    the offense of drag racing;
15        9. Violation of Chapters 8 and 9 of this Code;
16        10. Violation of Section 12-5 of the Criminal Code of
17    1961 or the Criminal Code of 2012 arising from the use of a
18    motor vehicle;
19        11. Violation of Section 11-204.1 of this Code relating
20    to aggravated fleeing or attempting to elude a peace
21    officer;
22        12. Violation of paragraph (1) of subsection (b) of
23    Section 6-507, or a similar law of any other state,
24    relating to the unlawful operation of a commercial motor
25    vehicle;
26        13. Violation of paragraph (a) of Section 11-502 of

 

 

SB3160- 3 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 4 -LRB099 20585 AXK 45142 b

1    substance prohibited under the Illinois Controlled
2    Substances Act, any cannabis prohibited under the Cannabis
3    Control Act, or any methamphetamine prohibited under the
4    Methamphetamine Control and Community Protection Act. A
5    defendant found guilty of this offense while operating a
6    motor vehicle shall have an entry made in the court record
7    by the presiding judge that this offense did occur while
8    the defendant was operating a motor vehicle and order the
9    clerk of the court to report the violation to the Secretary
10    of State.
11    (b) The Secretary of State shall also immediately revoke
12the license or permit of any driver in the following
13situations:
14        1. Of any minor upon receiving the notice provided for
15    in Section 5-901 of the Juvenile Court Act of 1987 that the
16    minor has been adjudicated under that Act as having
17    committed an offense relating to motor vehicles prescribed
18    in Section 4-103 of this Code;
19        2. Of any person when any other law of this State
20    requires either the revocation or suspension of a license
21    or permit;
22        3. Of any person adjudicated under the Juvenile Court
23    Act of 1987 based on an offense determined to have been
24    committed in furtherance of the criminal activities of an
25    organized gang as provided in Section 5-710 of that Act,
26    and that involved the operation or use of a motor vehicle

 

 

SB3160- 5 -LRB099 20585 AXK 45142 b

1    or the use of a driver's license or permit. The revocation
2    shall remain in effect for the period determined by the
3    court.
4    (c)(1) Whenever a person is convicted of any of the
5offenses enumerated in this Section, the court may recommend
6and the Secretary of State in his discretion, without regard to
7whether the recommendation is made by the court may, upon
8application, issue to the person a restricted driving permit
9granting the privilege of driving a motor vehicle between the
10petitioner's residence and petitioner's place of employment or
11within the scope of the petitioner's employment related duties,
12or to allow the petitioner to transport himself or herself or a
13family member of the petitioner's household to a medical
14facility for the receipt of necessary medical care or to allow
15the petitioner to transport himself or herself to and from
16alcohol or drug remedial or rehabilitative activity
17recommended by a licensed service provider, or to allow the
18petitioner to transport himself or herself or a family member
19of the petitioner's household to classes, as a student, at an
20accredited educational institution, or to allow the petitioner
21to transport children, elderly persons, or persons with
22disabilities who do not hold driving privileges and are living
23in the petitioner's household to and from daycare; if the
24petitioner is able to demonstrate that no alternative means of
25transportation is reasonably available and that the petitioner
26will not endanger the public safety or welfare; provided that

 

 

SB3160- 6 -LRB099 20585 AXK 45142 b

1the Secretary's discretion shall be limited to cases where
2undue hardship, as defined by the rules of the Secretary of
3State, would result from a failure to issue the restricted
4driving permit.
5        (1.5) A person subject to the provisions of paragraph 4
6    of subsection (b) of Section 6-208 of this Code may make
7    application for a restricted driving permit at a hearing
8    conducted under Section 2-118 of this Code after the
9    expiration of 5 years from the effective date of the most
10    recent revocation, or after 5 years from the date of
11    release from a period of imprisonment resulting from a
12    conviction of the most recent offense, whichever is later,
13    provided the person, in addition to all other requirements
14    of the Secretary, shows by clear and convincing evidence:
15            (A) a minimum of 3 years of uninterrupted
16        abstinence from alcohol and the unlawful use or
17        consumption of cannabis under the Cannabis Control
18        Act, a controlled substance under the Illinois
19        Controlled Substances Act, an intoxicating compound
20        under the Use of Intoxicating Compounds Act, or
21        methamphetamine under the Methamphetamine Control and
22        Community Protection Act; and
23            (B) the successful completion of any
24        rehabilitative treatment and involvement in any
25        ongoing rehabilitative activity that may be
26        recommended by a properly licensed service provider

 

 

SB3160- 7 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 8 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 9 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 10 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 11 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 12 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 13 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 14 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 15 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 16 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 17 -LRB099 20585 AXK 45142 b

1cancelled, or disqualified under any provisions of this Code.
2    (k) The Secretary of State shall notify by mail any person
3whose driving privileges have been revoked under paragraph 16
4of subsection (a) of this Section that his or her driving
5privileges and driver's license will be revoked 90 days from
6the date of the mailing of the notice.
7    (l) The Secretary shall, upon providing notice of
8suspension of a person's driving license under this Section,
9provide notice of an option of enrollment in a driver education
10program, which, upon the person completing the program within
1145 days and committing no offense under this Section for a
12period of 6 months, shall terminate the license suspension.
13After completion of the program, the person shall report to the
14Secretary and submit any documentation the Secretary deems
15necessary. This subsection (l) shall not apply to suspensions
16as a result of a violation of Section 11-501 of this Code or a
17similar provision of a local ordinance or any similar
18out-of-state offense, or Section 9-3 of the Criminal Code of
192012, or any other Section or subsection where the use of
20alcohol or other drugs is recited as an element of the offense.
21(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
2299-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
2399-467, eff. 1-1-16; 99-483, eff. 1-1-16; revised 11-2-15.)
 
24    (625 ILCS 5/6-206)
25    Sec. 6-206. Discretionary authority to suspend or revoke

 

 

SB3160- 18 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 19 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 20 -LRB099 20585 AXK 45142 b

1    obtain a driver's license or permit was revoked or
2    suspended unless the operation was authorized by a
3    monitoring device driving permit, judicial driving permit
4    issued prior to January 1, 2009, probationary license to
5    drive, or a restricted driving permit issued under this
6    Code;
7        12. Has submitted to any portion of the application
8    process for another person or has obtained the services of
9    another person to submit to any portion of the application
10    process for the purpose of obtaining a license,
11    identification card, or permit for some other person;
12        13. Has operated a motor vehicle upon a highway of this
13    State when the person's driver's license or permit was
14    invalid under the provisions of Sections 6-107.1 and 6-110;
15        14. Has committed a violation of Section 6-301,
16    6-301.1, or 6-301.2 of this Code Act, or Section 14, 14A,
17    or 14B of the Illinois Identification Card Act;
18        15. Has been convicted of violating Section 21-2 of the
19    Criminal Code of 1961 or the Criminal Code of 2012 relating
20    to criminal trespass to vehicles in which case, the
21    suspension shall be for one year;
22        16. Has been convicted of violating Section 11-204 of
23    this Code relating to fleeing from a peace officer;
24        17. Has refused to submit to a test, or tests, as
25    required under Section 11-501.1 of this Code and the person
26    has not sought a hearing as provided for in Section

 

 

SB3160- 21 -LRB099 20585 AXK 45142 b

1    11-501.1;
2        18. Has, since issuance of a driver's license or
3    permit, been adjudged to be afflicted with or suffering
4    from any mental disability or disease;
5        19. Has committed a violation of paragraph (a) or (b)
6    of Section 6-101 relating to driving without a driver's
7    license;
8        20. Has been convicted of violating Section 6-104
9    relating to classification of driver's license;
10        21. Has been convicted of violating Section 11-402 of
11    this Code relating to leaving the scene of an accident
12    resulting in damage to a vehicle in excess of $1,000, in
13    which case the suspension shall be for one year;
14        22. Has used a motor vehicle in violating paragraph
15    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
16    the Criminal Code of 1961 or the Criminal Code of 2012
17    relating to unlawful use of weapons, in which case the
18    suspension shall be for one year;
19        23. Has, as a driver, been convicted of committing a
20    violation of paragraph (a) of Section 11-502 of this Code
21    for a second or subsequent time within one year of a
22    similar violation;
23        24. Has been convicted by a court-martial or punished
24    by non-judicial punishment by military authorities of the
25    United States at a military installation in Illinois or in
26    another state of or for a traffic related offense that is

 

 

SB3160- 22 -LRB099 20585 AXK 45142 b

1    the same as or similar to an offense specified under
2    Section 6-205 or 6-206 of this Code;
3        25. Has permitted any form of identification to be used
4    by another in the application process in order to obtain or
5    attempt to obtain a license, identification card, or
6    permit;
7        26. Has altered or attempted to alter a license or has
8    possessed an altered license, identification card, or
9    permit;
10        27. Has violated Section 6-16 of the Liquor Control Act
11    of 1934;
12        28. Has been convicted for a first time of the illegal
13    possession, while operating or in actual physical control,
14    as a driver, of a motor vehicle, of any controlled
15    substance prohibited under the Illinois Controlled
16    Substances Act, any cannabis prohibited under the Cannabis
17    Control Act, or any methamphetamine prohibited under the
18    Methamphetamine Control and Community Protection Act, in
19    which case the person's driving privileges shall be
20    suspended for one year. Any defendant found guilty of this
21    offense while operating a motor vehicle, shall have an
22    entry made in the court record by the presiding judge that
23    this offense did occur while the defendant was operating a
24    motor vehicle and order the clerk of the court to report
25    the violation to the Secretary of State;
26        29. Has been convicted of the following offenses that

 

 

SB3160- 23 -LRB099 20585 AXK 45142 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, promoting juvenile
7    prostitution as described in subdivision (a)(1), (a)(2),
8    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
9    or the Criminal Code of 2012, and the manufacture, sale or
10    delivery of controlled substances or instruments used for
11    illegal drug use or abuse in which case the driver's
12    driving privileges shall be suspended for one year;
13        30. Has been convicted a second or subsequent time for
14    any combination of the offenses named in paragraph 29 of
15    this subsection, in which case the person's driving
16    privileges shall be suspended for 5 years;
17        31. Has refused to submit to a test as required by
18    Section 11-501.6 of this Code or Section 5-16c of the Boat
19    Registration and Safety Act or has submitted to a test
20    resulting in an alcohol concentration of 0.08 or more or
21    any amount of a drug, substance, or compound resulting from
22    the unlawful use or consumption of cannabis as listed in
23    the Cannabis Control Act, a controlled substance as listed
24    in the Illinois Controlled Substances Act, an intoxicating
25    compound as listed in the Use of Intoxicating Compounds
26    Act, or methamphetamine as listed in the Methamphetamine

 

 

SB3160- 24 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 25 -LRB099 20585 AXK 45142 b

1    of the Liquor Control Act of 1934 or a similar provision of
2    a local ordinance;
3        39. Has committed a second or subsequent violation of
4    Section 11-1201 of this Code;
5        40. Has committed a violation of subsection (a-1) of
6    Section 11-908 of this Code;
7        41. Has committed a second or subsequent violation of
8    Section 11-605.1 of this Code, a similar provision of a
9    local ordinance, or a similar violation in any other state
10    within 2 years of the date of the previous violation, in
11    which case the suspension shall be for 90 days;
12        42. Has committed a violation of subsection (a-1) of
13    Section 11-1301.3 of this Code or a similar provision of a
14    local ordinance;
15        43. Has received a disposition of court supervision for
16    a violation of subsection (a), (d), or (e) of Section 6-20
17    of the Liquor Control Act of 1934 or a similar provision of
18    a local ordinance, in which case the suspension shall be
19    for a period of 3 months;
20        44. Is under the age of 21 years at the time of arrest
21    and has been convicted of an offense against traffic
22    regulations governing the movement of vehicles after
23    having previously had his or her driving privileges
24    suspended or revoked pursuant to subparagraph 36 of this
25    Section;
26        45. Has, in connection with or during the course of a

 

 

SB3160- 26 -LRB099 20585 AXK 45142 b

1    formal hearing conducted under Section 2-118 of this Code:
2    (i) committed perjury; (ii) submitted fraudulent or
3    falsified documents; (iii) submitted documents that have
4    been materially altered; or (iv) submitted, as his or her
5    own, documents that were in fact prepared or composed for
6    another person;
7        46. Has committed a violation of subsection (j) of
8    Section 3-413 of this Code; or
9        47. Has committed a violation of Section 11-502.1 of
10    this Code.
11    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
12and 27 of this subsection, license means any driver's license,
13any traffic ticket issued when the person's driver's license is
14deposited in lieu of bail, a suspension notice issued by the
15Secretary of State, a duplicate or corrected driver's license,
16a probationary driver's license or a temporary driver's
17license.
18    (b) If any conviction forming the basis of a suspension or
19revocation authorized under this Section is appealed, the
20Secretary of State may rescind or withhold the entry of the
21order of suspension or revocation, as the case may be, provided
22that a certified copy of a stay order of a court is filed with
23the Secretary of State. If the conviction is affirmed on
24appeal, the date of the conviction shall relate back to the
25time the original judgment of conviction was entered and the 6
26month limitation prescribed shall not apply.

 

 

SB3160- 27 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 28 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 29 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 30 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 31 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 32 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 33 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 34 -LRB099 20585 AXK 45142 b

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

 

 

SB3160- 35 -LRB099 20585 AXK 45142 b

1request.
2    (c-4) In the case of a suspension under paragraph 43 of
3subsection (a), the Secretary of State shall notify the person
4by mail that his or her driving privileges and driver's license
5will be suspended one month after the date of the mailing of
6the notice.
7    (c-5) The Secretary of State may, as a condition of the
8reissuance of a driver's license or permit to an applicant
9whose driver's license or permit has been suspended before he
10or she reached the age of 21 years pursuant to any of the
11provisions of this Section, require the applicant to
12participate in a driver remedial education course and be
13retested under Section 6-109 of this Code.
14    (c-10) The Secretary shall, upon providing notice of
15suspension of a person's driver's license under this Section,
16provide notice of an option of enrollment in a driver education
17program, which, upon the person completing the program within
1845 days and committing no offense under this Section for a
19period of 6 months, shall terminate the license suspension.
20After completion of the program, the person shall report to the
21Secretary and submit any documentation the Secretary deems
22necessary. This subsection (c-10) shall not apply to
23suspensions as a result of a violation of Section 11-501 of
24this Code or a similar provision of a local ordinance or any
25similar out-of-state offense, Section 9-3 of the Criminal Code
26of 2012, or any other Section or subsection where the use of

 

 

SB3160- 36 -LRB099 20585 AXK 45142 b

1alcohol or other drugs is recited as an element of the offense.
2    (d) This Section is subject to the provisions of the
3Drivers License Compact.
4    (e) The Secretary of State shall not issue a restricted
5driving permit to a person under the age of 16 years whose
6driving privileges have been suspended or revoked under any
7provisions of this Code.
8    (f) In accordance with 49 C.F.R. 384, the Secretary of
9State may not issue a restricted driving permit for the
10operation of a commercial motor vehicle to a person holding a
11CDL whose driving privileges have been suspended, revoked,
12cancelled, or disqualified under any provisions of this Code.
13(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
14eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
1599-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
16revised 11-3-15.)