Sen. Bill Cunningham

Filed: 3/8/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3160

2    AMENDMENT NO. ______. Amend Senate Bill 3160 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-205, 6-206, and 6-208 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

 

 

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1    offense of operating or being in physical control of a
2    vehicle while under the influence of alcohol, other drug or
3    drugs, intoxicating compound or compounds, or any
4    combination thereof;
5        3. Any felony under the laws of any State or the
6    federal government in the commission of which a motor
7    vehicle was used;
8        4. Violation of Section 11-401 of this Code relating to
9    the offense of leaving the scene of a traffic accident
10    involving death or personal injury;
11        5. Perjury or the making of a false affidavit or
12    statement under oath to the Secretary of State under this
13    Code or under any other law relating to the ownership or
14    operation of motor vehicles;
15        6. Conviction upon 3 charges of violation of Section
16    11-503 of this Code relating to the offense of reckless
17    driving committed within a period of 12 months;
18        7. Conviction of any offense defined in Section 4-102
19    of this Code;
20        8. Violation of Section 11-504 of this Code relating to
21    the offense of drag racing;
22        9. Violation of Chapters 8 and 9 of this Code;
23        10. Violation of Section 12-5 of the Criminal Code of
24    1961 or the Criminal Code of 2012 arising from the use of a
25    motor vehicle;
26        11. Violation of Section 11-204.1 of this Code relating

 

 

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

 

 

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1    Secretary of State prior to the projected driver's license
2    application eligibility date;
3        17. Violation of subsection (a-2) of Section 11-1301.3
4    of this Code or a similar provision of a local ordinance;
5        18. A second or subsequent conviction of illegal
6    possession, while operating or in actual physical control,
7    as a driver, of a motor vehicle, of any controlled
8    substance prohibited under the Illinois Controlled
9    Substances Act, any cannabis prohibited under the Cannabis
10    Control Act, or any methamphetamine prohibited under the
11    Methamphetamine Control and Community Protection Act. A
12    defendant found guilty of this offense while operating a
13    motor vehicle shall have an entry made in the court record
14    by the presiding judge that this offense did occur while
15    the defendant was operating a motor vehicle and order the
16    clerk of the court to report the violation to the Secretary
17    of State.
18    (b) The Secretary of State shall also immediately revoke
19the license or permit of any driver in the following
20situations:
21        1. Of any minor upon receiving the notice provided for
22    in Section 5-901 of the Juvenile Court Act of 1987 that the
23    minor has been adjudicated under that Act as having
24    committed an offense relating to motor vehicles prescribed
25    in Section 4-103 of this Code;
26        2. Of any person when any other law of this State

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        suspended 2 or more times due to any combination of:
2                (i) a single conviction of violating Section
3            11-501 of this Code or a similar provision of a
4            local ordinance or a similar out-of-state offense,
5            or Section 9-3 of the Criminal Code of 1961 or the
6            Criminal Code of 2012, where the use of alcohol or
7            other drugs is recited as an element of the
8            offense, or a similar out-of-state offense; or
9                (ii) a statutory summary suspension or
10            revocation under Section 11-501.1; or
11                (iii) a suspension pursuant to Section
12            6-203.1;
13        arising out of separate occurrences; or
14            (B) a person has been convicted of one violation of
15        subparagraph (C) or (F) of paragraph (1) of subsection
16        (d) of Section 11-501 of this Code, Section 9-3 of the
17        Criminal Code of 1961 or the Criminal Code of 2012,
18        relating to the offense of reckless homicide where the
19        use of alcohol or other drugs was recited as an element
20        of the offense, or a similar provision of a law of
21        another state;
22    that 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        (4) The person issued a permit conditioned on the use
26    of an ignition interlock device must pay to the Secretary

 

 

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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        (5) 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        (6) In each case the Secretary of State may issue a
23    restricted driving permit for a period he deems
24    appropriate, except that the permit shall expire within one
25    year from the date of issuance. A restricted driving permit
26    issued under this Section shall be subject to cancellation,

 

 

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

 

 

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1driving privileges shall be revoked pursuant to subdivision
2(a)(15) of this Section. The person may not make application
3for a license or permit until the expiration of five years from
4the effective date of the revocation or the expiration of five
5years from the date of release from a term of imprisonment,
6whichever is later.
7    (c-7) If a person is convicted of a third or subsequent
8violation of operating a motor vehicle while the person's
9driver's license, permit or privilege was revoked, where the
10revocation was for a violation of Section 9-3 of the Criminal
11Code of 1961 or the Criminal Code of 2012 relating to the
12offense of reckless homicide or a similar out-of-state offense,
13the person may never apply for a license or permit.
14    (d)(1) Whenever a person under the age of 21 is convicted
15under Section 11-501 of this Code or a similar provision of a
16local ordinance or a similar out-of-state offense, the
17Secretary of State shall revoke the driving privileges of that
18person. One year after the date of revocation, and upon
19application, the Secretary of State may, if satisfied that the
20person applying will not endanger the public safety or welfare,
21issue a restricted driving permit granting the privilege of
22driving a motor vehicle only between the hours of 5 a.m. and 9
23p.m. or as otherwise provided by this Section for a period of
24one year. After this one-year one year period, and upon
25reapplication for a license as provided in Section 6-106, upon
26payment of the appropriate reinstatement fee provided under

 

 

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1paragraph (b) of Section 6-118, the Secretary of State, in his
2discretion, may reinstate the petitioner's driver's license
3and driving privileges, or extend the restricted driving permit
4as many times as the Secretary of State deems appropriate, by
5additional periods of not more than 12 months each.
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 a person's license or permit is revoked or
19    suspended 2 or more times due to any combination of:
20            (A) a single conviction of violating Section
21        11-501 of this Code or a similar provision of a local
22        ordinance or a similar out-of-state offense, or
23        Section 9-3 of the Criminal Code of 1961 or the
24        Criminal Code of 2012, where the use of alcohol or
25        other drugs is recited as an element of the offense, or
26        a similar out-of-state offense; or

 

 

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1            (B) a statutory summary suspension or revocation
2        under Section 11-501.1; or
3            (C) a suspension pursuant to Section 6-203.1;
4    arising out of separate occurrences, that person, if issued
5    a restricted driving permit, may not operate a vehicle
6    unless it has been equipped with an ignition interlock
7    device as defined in Section 1-129.1.
8        (3.5) If a person's license or permit is revoked or
9    suspended due to a conviction for a violation of
10    subparagraph (C) or (F) of paragraph (1) of subsection (d)
11    of Section 11-501 of this Code, or a similar provision of a
12    local ordinance or similar out-of-state offense, that
13    person, if issued a restricted driving permit, may not
14    operate a vehicle unless it has been equipped with an
15    ignition interlock device as defined in Section 1-129.1.
16        (4) The person issued a permit conditioned upon the use
17    of an interlock device must pay to the Secretary of State
18    DUI Administration Fund an amount not to exceed $30 per
19    month. The Secretary shall establish by rule the amount and
20    the procedures, terms, and conditions relating to these
21    fees.
22        (5) If the restricted driving permit is issued for
23    employment purposes, then the prohibition against driving
24    a vehicle that is not equipped with an ignition interlock
25    device does not apply to the operation of an occupational
26    vehicle owned or leased by that person's employer when used

 

 

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1    solely for employment purposes. For any person who, within
2    a 5-year period, is convicted of a second or subsequent
3    offense under Section 11-501 of this Code, or a similar
4    provision of a local ordinance or similar out-of-state
5    offense, this employment exemption does not apply until
6    either a one-year one year period has elapsed during which
7    that person had his or her driving privileges revoked or a
8    one-year one year period has elapsed during which that
9    person had a restricted driving permit which required the
10    use of an ignition interlock device on every motor vehicle
11    owned or operated by that person.
12        (6) A restricted driving permit issued under this
13    Section shall be subject to cancellation, revocation, and
14    suspension by the Secretary of State in like manner and for
15    like cause as a driver's license issued under this Code may
16    be cancelled, revoked, or suspended; except that a
17    conviction upon one or more offenses against laws or
18    ordinances regulating the movement of traffic shall be
19    deemed sufficient cause for the revocation, suspension, or
20    cancellation of a restricted driving permit.
21    (d-5) The revocation of the license, permit, or driving
22privileges of a person convicted of a third or subsequent
23violation of Section 6-303 of this Code committed while his or
24her driver's license, permit, or privilege was revoked because
25of a violation of Section 9-3 of the Criminal Code of 1961 or
26the Criminal Code of 2012, relating to the offense of reckless

 

 

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1homicide, or a similar provision of a law of another state, is
2permanent. The Secretary may not, at any time, issue a license
3or permit to that person.
4    (e) This Section is subject to the provisions of the Driver
5License Compact.
6    (f) Any revocation imposed upon any person under
7subsections 2 and 3 of paragraph (b) that is in effect on
8December 31, 1988 shall be converted to a suspension for a like
9period of time.
10    (g) The Secretary of State shall not issue a restricted
11driving permit to a person under the age of 16 years whose
12driving privileges have been revoked under any provisions of
13this Code.
14    (h) The Secretary of State shall require the use of
15ignition interlock devices for a period not less than 5 years
16on all vehicles owned by a person who has been convicted of a
17second or subsequent offense under Section 11-501 of this Code
18or a similar provision of a local ordinance. The person must
19pay to the Secretary of State DUI Administration Fund an amount
20not to exceed $30 for each month that he or she uses the
21device. The Secretary shall establish by rule and regulation
22the procedures for certification and use of the interlock
23system, the amount of the fee, and the procedures, terms, and
24conditions relating to these fees. During the time period in
25which a person is required to install an ignition interlock
26device under this subsection (h), that person shall only

 

 

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1operate vehicles in which ignition interlock devices have been
2installed, except as allowed by subdivision (c)(5) or (d)(5) of
3this Section.
4    (i) (Blank).
5    (j) 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 revoked, suspended,
9cancelled, or disqualified under any provisions of this Code.
10    (k) The Secretary of State shall notify by mail any person
11whose driving privileges have been revoked under paragraph 16
12of subsection (a) of this Section that his or her driving
13privileges and driver's license will be revoked 90 days from
14the date of the mailing of the notice.
15(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
1699-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
1799-467, eff. 1-1-16; 99-483, eff. 1-1-16; revised 11-2-15.)
 
18    (625 ILCS 5/6-206)
19    Sec. 6-206. Discretionary authority to suspend or revoke
20license or permit; Right to a hearing.
21    (a) The Secretary of State is authorized to suspend or
22revoke the driving privileges of any person without preliminary
23hearing upon a showing of the person's records or other
24sufficient evidence that the person:
25        1. Has committed an offense for which mandatory

 

 

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

 

 

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

 

 

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

 

 

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1    license;
2        20. Has been convicted of violating Section 6-104
3    relating to classification of driver's license;
4        21. Has been convicted of violating Section 11-402 of
5    this Code relating to leaving the scene of an accident
6    resulting in damage to a vehicle in excess of $1,000, in
7    which case the suspension shall be for one year;
8        22. Has used a motor vehicle in violating paragraph
9    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
10    the Criminal Code of 1961 or the Criminal Code of 2012
11    relating to unlawful use of weapons, in which case the
12    suspension shall be for one year;
13        23. Has, as a driver, been convicted of committing a
14    violation of paragraph (a) of Section 11-502 of this Code
15    for a second or subsequent time within one year of a
16    similar violation;
17        24. Has been convicted by a court-martial or punished
18    by non-judicial punishment by military authorities of the
19    United States at a military installation in Illinois or in
20    another state of or for a traffic related offense that is
21    the same as or similar to an offense specified under
22    Section 6-205 or 6-206 of this Code;
23        25. Has permitted any form of identification to be used
24    by another in the application process in order to obtain or
25    attempt to obtain a license, identification card, or
26    permit;

 

 

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

 

 

09900SB3160sam001- 23 -LRB099 20585 AXK 45706 a

1    prostitution as described in subdivision (a)(1), (a)(2),
2    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
3    or the Criminal Code of 2012, and the manufacture, sale or
4    delivery of controlled substances or instruments used for
5    illegal drug use or abuse in which case the driver's
6    driving privileges shall be suspended for one year;
7        30. Has been convicted a second or subsequent time for
8    any combination of the offenses named in paragraph 29 of
9    this subsection, in which case the person's driving
10    privileges shall be suspended for 5 years;
11        31. Has refused to submit to a test as required by
12    Section 11-501.6 of this Code or Section 5-16c of the Boat
13    Registration and Safety Act or has submitted to a test
14    resulting in an alcohol concentration of 0.08 or more or
15    any amount of a drug, substance, or compound resulting from
16    the unlawful use or consumption of cannabis as listed in
17    the Cannabis Control Act, a controlled substance as listed
18    in the Illinois Controlled Substances Act, an intoxicating
19    compound as listed in the Use of Intoxicating Compounds
20    Act, or methamphetamine as listed in the Methamphetamine
21    Control and Community Protection Act, in which case the
22    penalty shall be as prescribed in Section 6-208.1;
23        32. Has been convicted of Section 24-1.2 of the
24    Criminal Code of 1961 or the Criminal Code of 2012 relating
25    to the aggravated discharge of a firearm if the offender
26    was located in a motor vehicle at the time the firearm was

 

 

09900SB3160sam001- 24 -LRB099 20585 AXK 45706 a

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

 

 

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

 

 

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

 

 

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

 

 

09900SB3160sam001- 28 -LRB099 20585 AXK 45706 a

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

 

 

09900SB3160sam001- 29 -LRB099 20585 AXK 45706 a

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

 

 

09900SB3160sam001- 30 -LRB099 20585 AXK 45706 a

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

 

 

09900SB3160sam001- 31 -LRB099 20585 AXK 45706 a

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

 

 

09900SB3160sam001- 32 -LRB099 20585 AXK 45706 a

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

 

 

09900SB3160sam001- 33 -LRB099 20585 AXK 45706 a

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

 

 

09900SB3160sam001- 34 -LRB099 20585 AXK 45706 a

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

 

 

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1    (c-5) The Secretary of State may, as a condition of the
2reissuance of a driver's license or permit to an applicant
3whose driver's license or permit has been suspended before he
4or she reached the age of 21 years pursuant to any of the
5provisions of this Section, require the applicant to
6participate in a driver remedial education course and be
7retested under Section 6-109 of this Code.
8    (c-10) The Secretary shall, upon providing notice of
9suspension of a person's driver's license under this Section,
10provide notice of an option of enrollment in a behavioral-based
11driver retraining program, which, upon the person completing
12the program within 45 days and upon committing no offense under
13this Section for a period of 6 months, shall result in
14termination of the license suspension. After completion of the
15program, the course provider shall report the completion to the
16Secretary and submit any documentation the Secretary deems
17necessary. This subsection (c-10) shall not apply to
18suspensions as a result of a violation of Section 11-501 of
19this Code or a similar provision of a local ordinance or any
20similar out-of-state offense, Section 9-3 of the Criminal Code
21of 2012, or any other Section or subsection in which the use of
22alcohol or other drugs is an element of the offense.
23    (d) This Section is subject to the provisions of the
24Drivers License Compact.
25    (e) The Secretary of State shall not issue a restricted
26driving permit to a person under the age of 16 years whose

 

 

09900SB3160sam001- 36 -LRB099 20585 AXK 45706 a

1driving privileges have been suspended or revoked under any
2provisions of this Code.
3    (f) In accordance with 49 C.F.R. 384, the Secretary of
4State may not issue a restricted driving permit for the
5operation of a commercial motor vehicle to a person holding a
6CDL whose driving privileges have been suspended, revoked,
7cancelled, or disqualified under any provisions of this Code.
8(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
9eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
1099-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
11revised 11-3-15.)
 
12    (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
13    Sec. 6-208. Period of Suspension - Application After
14Revocation.
15    (a) Except as otherwise provided by this Code or any other
16law of this State, the Secretary of State shall not suspend a
17driver's license, permit, or privilege to drive a motor vehicle
18on the highways for a period of more than one year.
19    (b) Any person whose license, permit, or privilege to drive
20a motor vehicle on the highways has been revoked shall not be
21entitled to have such license, permit, or privilege renewed or
22restored. However, such person may, except as provided under
23subsections (d) and (d-5) of Section 6-205, make application
24for a license pursuant to Section 6-106 (i) if the revocation
25was for a cause that has been removed or (ii) as provided in

 

 

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1the following subparagraphs:
2        1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
3    4, and 5, the person may make application for a license (A)
4    after the expiration of one year from the effective date of
5    the revocation, (B) in the case of a violation of paragraph
6    (b) of Section 11-401 of this Code or a similar provision
7    of a local ordinance, after the expiration of 3 years from
8    the effective date of the revocation, or (C) in the case of
9    a violation of Section 9-3 of the Criminal Code of 1961 or
10    the Criminal Code of 2012 or a similar provision of a law
11    of another state relating to the offense of reckless
12    homicide or a violation of subparagraph (F) of paragraph 1
13    of subsection (d) of Section 11-501 of this Code relating
14    to aggravated driving under the influence of alcohol, other
15    drug or drugs, intoxicating compound or compounds, or any
16    combination thereof, if the violation was the proximate
17    cause of a death, after the expiration of 2 years from the
18    effective date of the revocation or after the expiration of
19    24 months from the date of release from a period of
20    imprisonment as provided in Section 6-103 of this Code,
21    whichever is later.
22        1.3. If the person is convicted of a second or
23    subsequent violation of Section 11-501 of this Code or a
24    similar provision of a local ordinance or a similar
25    out-of-state offense, or Section 9-3 of the Criminal Code
26    of 1961 or the Criminal Code of 2012, in which the use of

 

 

09900SB3160sam001- 38 -LRB099 20585 AXK 45706 a

1    alcohol or other drugs is recited as an element of the
2    offense, or a similar out-of-state offense, or a
3    combination of these offenses, arising out of separate
4    occurrences, that person may not make application for a
5    driver's license until:
6            (A) the person has first been issued a restricted
7        driving permit by the Secretary of State; and
8            (B) the expiration of a continuous period of not
9        less than 5 years following the issuance of the
10        restricted driving permit during which the person's
11        restricted driving permit is not suspended, cancelled,
12        or revoked for a violation of any provision of law, or
13        any rule or regulation of the Secretary of State
14        relating to the required use of an ignition interlock
15        device.
16        1.5. If the person is convicted of a violation of
17    Section 6-303 of this Code committed while his or her
18    driver's license, permit, or privilege was revoked because
19    of a violation of Section 9-3 of the Criminal Code of 1961
20    or the Criminal Code of 2012, relating to the offense of
21    reckless homicide, or a similar provision of a law of
22    another state, the person may not make application for a
23    license or permit until the expiration of 3 years from the
24    date of the conviction.
25        2. If such person is convicted of committing a second
26    violation within a 20-year period of:

 

 

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1            (A) Section 11-501 of this Code or a similar
2        provision of a local ordinance;
3            (B) Paragraph (b) of Section 11-401 of this Code or
4        a similar provision of a local ordinance;
5            (C) Section 9-3 of the Criminal Code of 1961 or the
6        Criminal Code of 2012, relating to the offense of
7        reckless homicide; or
8            (D) any combination of the above offenses
9        committed at different instances;
10    then such person may not make application for a license
11    until after the expiration of 5 years from the effective
12    date of the most recent revocation. The 20-year period
13    shall be computed by using the dates the offenses were
14    committed and shall also include similar out-of-state
15    offenses and similar offenses committed on a military
16    installation.
17        2.5. If a person is convicted of a second violation of
18    Section 6-303 of this Code committed while the person's
19    driver's license, permit, or privilege was revoked because
20    of a violation of Section 9-3 of the Criminal Code of 1961
21    or the Criminal Code of 2012, relating to the offense of
22    reckless homicide, or a similar provision of a law of
23    another state, the person may not make application for a
24    license or permit until the expiration of 5 years from the
25    date of release from a term of imprisonment.
26        3. However, except as provided in subparagraph 4, if

 

 

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1    such person is convicted of committing a third violation or
2    any combination of the above offenses, including similar
3    out-of-state offenses and similar offenses committed on a
4    military installation, contained in subparagraph 2, then
5    such person may not make application for a license until
6    after the expiration of 10 years from the effective date of
7    the most recent revocation.
8        4. Except as provided in paragraph (1.5) of subsection
9    (c) of Section 6-205 and subparagraph (F) of paragraph 3 of
10    subsection (c) of Section 6-206 of this Code, the person
11    may not make application for a license if the person is
12    convicted of committing a fourth or subsequent violation of
13    Section 11-501 of this Code or a similar provision of a
14    local ordinance, Section 11-401 of this Code, Section 9-3
15    of the Criminal Code of 1961 or the Criminal Code of 2012,
16    or a combination of these offenses, similar provisions of
17    local ordinances, similar out-of-state offenses, or
18    similar offenses committed on a military installation.
19        4.5. A bona fide resident of a foreign jurisdiction who
20    is subject to the provisions of subparagraph 4 of this
21    subsection (b) may make application for termination of the
22    revocation after a period of 10 years from the effective
23    date of the most recent revocation. However, if a person
24    who has been granted a termination of revocation under this
25    subparagraph 4.5 subsequently becomes a resident of this
26    State, the revocation shall be reinstated and the person

 

 

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1    shall be subject to the provisions of subparagraph 4.
2        5. The person may not make application for a license or
3    permit if the person is convicted of a third or subsequent
4    violation of Section 6-303 of this Code committed while his
5    or her driver's license, permit, or privilege was revoked
6    because of a violation of Section 9-3 of the Criminal Code
7    of 1961 or the Criminal Code of 2012, relating to the
8    offense of reckless homicide, or a similar provision of a
9    law of another state.
10    Notwithstanding any other provision of this Code, all
11persons referred to in this paragraph (b) may not have their
12privileges restored until the Secretary receives payment of the
13required reinstatement fee pursuant to subsection (b) of
14Section 6-118.
15    The Secretary shall, as a condition of reissuance of a
16revoked driver's license, require the person to participate in
17a behavioral-based driver retraining program. This condition
18shall not apply to a revocation resulting from a violation of
19Section 11-501 of this Code or a similar provision of a local
20ordinance or any similar out-of-state offense, or Section 9-3
21of the Criminal Code of 2012, or any other Section or
22subsection in which the use of alcohol or other drugs is an
23element of the offense.
24    In no event shall the Secretary issue such license unless
25and until such person has had a hearing pursuant to this Code
26and the appropriate administrative rules and the Secretary is

 

 

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1satisfied, after a review or investigation of such person, that
2to grant the privilege of driving a motor vehicle on the
3highways will not endanger the public safety or welfare.
4    (c) (Blank).
5(Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; revised
611-3-15.)".