HB1081enr 99TH GENERAL ASSEMBLY



 


 
HB1081 EnrolledLRB099 04927 RJF 24956 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 1. Purpose. The General Assembly recognizes the
5desire of many commendable civic organizations and causes to be
6acknowledged by a special license plate and further recognizes
7that the issuance of special license plates may raise funds
8that will benefit these organizations and causes. However, the
9General Assembly also recognizes that the proliferation of
10special license plates in Illinois creates a significant
11challenge to law enforcement officials who are required to be
12familiar with, recognize, read, and record information from
13more than 100 types of special license plates now being issued
14in Illinois. To address this situation, the purpose of this
15amendatory Act of the 99th General Assembly is to authorize the
16issuance of Universal special license plates.
 
17    Section 5. The Illinois Vehicle Code is amended by changing
18Section 3-600 and by adding Section 3-699.14 as follows:
 
19    (625 ILCS 5/3-600)  (from Ch. 95 1/2, par. 3-600)
20    Sec. 3-600. Requirements for issuance of special plates.
21    (a) The Secretary of State shall issue only special plates
22that have been authorized by the General Assembly. Except as

 

 

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1provided in subsection (a-5), the The Secretary of State shall
2not issue a series of special plates, or Universal special
3plates associated with an organization authorized to issue
4decals for Universal special plates, unless applications, as
5prescribed by the Secretary, have been received for 2,000
610,000 plates of that series; except that the Secretary of
7State may prescribe some other required number of applications
8if that number is sufficient to pay for the total cost of
9designing, manufacturing and issuing the special license
10plate. Where a special plate is authorized by law to raise
11funds for a specific civic group, charitable entity, or other
12identified organization, or when the civic group, charitable
13entity, or organization is authorized to issue decals for
14Universal special license plates, and where the Secretary of
15State has not received the required number of applications to
16issue that special plate within 2 years of the effective date
17of the Public Act authorizing the special plate or decal, the
18Secretary of State's authority to issue the special plate or a
19Universal special plate associated with that decal is
20nullified. All applications for special plates shall be on a
21form designated by the Secretary and shall be accompanied by
22any civic group's, charitable entity's, or other identified
23fundraising organization's portion of the additional fee
24associated with that plate or decal. All fees collected under
25this Section are non-refundable and shall be deposited in the
26special fund as designated in the enabling legislation,

 

 

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1regardless of whether the plate or decal is produced. Upon the
2adoption of this amendatory Act of the 99th General Assembly,
3no further special license plates shall be authorized by the
4General Assembly unless that special license plate is
5authorized under subsection (a-5) of this Section.
6    (a-5) If the General Assembly authorizes the issuance of a
7special plate that recognizes the applicant's military service
8or receipt of a military medal or award, the Secretary may
9immediately begin issuing that special plate.
10    (b) The Secretary of State, upon issuing a new series of
11special license plates, shall notify all law enforcement
12officials of the design, color and other special features of
13the special license plate series.
14    (c) This Section shall not apply to the Secretary of
15State's discretion as established in Section 3-611.
16    (d) If a law authorizing a special license plate provides
17that the sponsoring organization is to designate a charitable
18entity as the recipient of the funds from the sale of that
19license plate, the designated charitable entity must be in
20compliance with the registration and reporting requirements of
21the Charitable Trust Act and the Solicitation for Charity Act.
22In addition, the charitable entity must annually provide the
23Secretary of State's office a letter of compliance issued by
24the Illinois Attorney General's office verifying the entity is
25in compliance with the Acts.
26    In the case of a law in effect before the effective date of

 

 

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1this amendatory Act of the 97th General Assembly, the name of
2the charitable entity which is to receive the funds shall be
3provided to the Secretary of State within one year after the
4effective date of this amendatory Act of the 97th General
5Assembly. In the case of a law that takes effect on or after
6the effective date of this amendatory Act of the 97th General
7Assembly, the name of the charitable entity which is to receive
8the funds shall be provided to the Secretary of State within
9one year after the law takes effect. If the organization fails
10to designate an appropriate charitable entity within the
11one-year period, or if the designated charitable entity fails
12to annually provide the Secretary of State a letter of
13compliance issued by the Illinois Attorney General's office,
14any funds collected from the sale of plates authorized for that
15organization and not previously disbursed shall be transferred
16to the General Revenue Fund, and the special plates shall be
17discontinued.
18    (e) If fewer than 1,000 sets of any special license plate
19authorized by law and issued by the Secretary of State are
20actively registered for 2 consecutive calendar years, the
21Secretary of State may discontinue the issuance of that special
22license plate or require that special license plate to be
23exchanged for Universal special plates with appropriate
24decals.
25    (f) Where special license plates have been discontinued
26pursuant to subsection (d) or (e) of this Section, or when the

 

 

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1special license plates are required to be exchanged for
2Universal special plates under subsection (e) of this Section,
3all previously issued plates of that type shall be recalled.
4Owners of vehicles which were registered with recalled plates
5shall not be charged a reclassification or registration sticker
6replacement plate fee upon the issuance of new plates for those
7vehicles.
8    (g) Any special plate that is authorized to be issued for
9motorcycles may also be issued for autocycles.
10(Source: P.A. 97-409, eff. 1-1-12; 98-777, eff. 1-1-15.)
 
11    (625 ILCS 5/3-699.14 new)
12    Sec. 3-699.14. Universal special license plates.
13    (a) In addition to any other special license plate, the
14Secretary, upon receipt of all applicable fees and applications
15made in the form prescribed by the Secretary, may issue
16Universal special license plates to residents of Illinois on
17behalf of organizations that have been authorized by the
18General Assembly to issue decals for Universal special license
19plates. Appropriate documentation, as determined by the
20Secretary, shall accompany each application. Authorized
21organizations shall be designated by amendment to this Section.
22When applying for a Universal special license plate the
23applicant shall inform the Secretary of the name of the
24authorized organization from which the applicant will obtain a
25decal to place on the plate. The Secretary shall make a record

 

 

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1of that organization and that organization shall remain
2affiliated with that plate until the plate is surrendered,
3revoked, or otherwise cancelled. The authorized organization
4may charge a fee to offset the cost of producing and
5distributing the decal, but that fee shall be retained by the
6authorized organization and shall be separate and distinct from
7any registration fees charged by the Secretary. No decal,
8sticker, or other material may be affixed to a Universal
9special license plate other than a decal authorized by the
10General Assembly in this Section or a registration renewal
11sticker. The special plates issued under this Section shall be
12affixed only to passenger vehicles of the first division,
13including motorcycles and autocycles, or motor vehicles of the
14second division weighing not more than 8,000 pounds. Plates
15issued under this Section shall expire according to the
16multi-year procedure under Section 3-414.1 of this Code.
17    (b) The design, color, and format of the Universal special
18license plate shall be wholly within the discretion of the
19Secretary. Universal special license plates are not required to
20designate "Land of Lincoln", as prescribed in subsection (b) of
21Section 3-412 of this Code. The design shall allow for the
22application of a decal to the plate. Organizations authorized
23by the General Assembly to issue decals for Universal special
24license plates shall comply with rules adopted by the Secretary
25governing the requirements for and approval of Universal
26special license plate decals. The Secretary may, in his or her

 

 

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1discretion, allow Universal special license plates to be issued
2as vanity or personalized plates in accordance with Section
33-405.1 of this Code. The Secretary of State must make a
4version of the special registration plates authorized under
5this Section in a form appropriate for motorcycles and
6autocycles.
7    (c) When authorizing a Universal special license plate, the
8General Assembly shall set forth whether an additional fee is
9to be charged for the plate and, if a fee is to be charged, the
10amount of the fee and how the fee is to be distributed. When
11necessary, the authorizing language shall create a special fund
12in the State treasury into which fees may be deposited for an
13authorized Universal special license plate. Additional fees
14may only be charged if the fee is to be paid over to a State
15agency or to a charitable entity that is in compliance with the
16registration and reporting requirements of the Charitable
17Trust Act and the Solicitation for Charity Act. Any charitable
18entity receiving fees for the sale of Universal special license
19plates shall annually provide the Secretary of State a letter
20of compliance issued by the Attorney General verifying that the
21entity is in compliance with the Charitable Trust Act and the
22Solicitation for Charity Act.
23    (d) Upon original issuance and for each registration
24renewal period, in addition to the appropriate registration
25fee, if applicable, the Secretary shall collect any additional
26fees, if required, for issuance of Universal special license

 

 

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1plates. The fees shall be collected on behalf of the
2organization designated by the applicant when applying for the
3plate. All fees collected shall be transferred to the State
4agency on whose behalf the fees were collected, or paid into
5the special fund designated in the law authorizing the
6organization to issue decals for Universal special license
7plates. All money in the designated fund shall be distributed
8by the Secretary subject to appropriation by the General
9Assembly.
 
10    (625 ILCS 5/3-633 rep.)
11    Section 10. The Illinois Vehicle Code is amended by
12repealing Section 3-633.
 
13    Section 15. "An Act concerning transportation", approved
14August 10, 2015, Public Act 99-333, is amended by adding
15Section 99 as follows:
 
16    (P.A. 99-333, Sec. 99 new)
17    Sec. 99. Effective date. This Act takes effect December 30,
182015.
 
19    Section 20. If and only if Senate Bill 627 of the 99th
20General Assembly becomes law as passed by both houses, then the
21Illinois Vehicle Code is amended by changing Sections 6-205 and
226-206 as follows:
 

 

 

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

 

 

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1        6. Conviction upon 3 charges of violation of Section
2    11-503 of this Code relating to the offense of reckless
3    driving committed within a period of 12 months;
4        7. Conviction of any offense defined in Section 4-102
5    of this Code;
6        8. Violation of Section 11-504 of this Code relating to
7    the offense of drag racing;
8        9. Violation of Chapters 8 and 9 of this Code;
9        10. Violation of Section 12-5 of the Criminal Code of
10    1961 or the Criminal Code of 2012 arising from the use of a
11    motor vehicle;
12        11. Violation of Section 11-204.1 of this Code relating
13    to aggravated fleeing or attempting to elude a peace
14    officer;
15        12. Violation of paragraph (1) of subsection (b) of
16    Section 6-507, or a similar law of any other state,
17    relating to the unlawful operation of a commercial motor
18    vehicle;
19        13. Violation of paragraph (a) of Section 11-502 of
20    this Code or a similar provision of a local ordinance if
21    the driver has been previously convicted of a violation of
22    that Section or a similar provision of a local ordinance
23    and the driver was less than 21 years of age at the time of
24    the offense;
25        14. Violation of paragraph (a) of Section 11-506 of
26    this Code or a similar provision of a local ordinance

 

 

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

 

 

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1    the defendant was operating a motor vehicle and order the
2    clerk of the court to report the violation to the Secretary
3    of State.
4    (b) The Secretary of State shall also immediately revoke
5the license or permit of any driver in the following
6situations:
7        1. Of any minor upon receiving the notice provided for
8    in Section 5-901 of the Juvenile Court Act of 1987 that the
9    minor has been adjudicated under that Act as having
10    committed an offense relating to motor vehicles prescribed
11    in Section 4-103 of this Code;
12        2. Of any person when any other law of this State
13    requires either the revocation or suspension of a license
14    or permit;
15        3. Of any person adjudicated under the Juvenile Court
16    Act of 1987 based on an offense determined to have been
17    committed in furtherance of the criminal activities of an
18    organized gang as provided in Section 5-710 of that Act,
19    and that involved the operation or use of a motor vehicle
20    or the use of a driver's license or permit. The revocation
21    shall remain in effect for the period determined by the
22    court. Upon the direction of the court, the Secretary shall
23    issue the person a judicial driving permit, also known as a
24    JDP. The JDP shall be subject to the same terms as a JDP
25    issued under Section 6-206.1, except that the court may
26    direct that a JDP issued under this subdivision (b)(3) be

 

 

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

 

 

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1State, would result from a failure to issue the restricted
2driving permit. Those multiple offenders identified in
3subdivision (b)4 of Section 6-208 of this Code, however, shall
4not be eligible for the issuance of a restricted driving
5permit.
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

 

 

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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

 

 

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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 period has elapsed
9    during which that person had his or her driving privileges
10    revoked or a one year period has elapsed during which that
11    person had a restricted driving permit which required the
12    use of an ignition interlock device on every motor vehicle
13    owned or operated by that person.
14        (6) In each case the Secretary of State may issue a
15    restricted driving permit for a period he deems
16    appropriate, except that the permit shall expire within one
17    year from the date of issuance. A restricted driving permit
18    issued under this Section shall be subject to cancellation,
19    revocation, and suspension by the Secretary of State in
20    like manner and for like cause as a driver's license issued
21    under this Code may be cancelled, revoked, or suspended;
22    except that a conviction upon one or more offenses against
23    laws or ordinances regulating the movement of traffic shall
24    be deemed sufficient cause for the revocation, suspension,
25    or cancellation of a restricted driving permit. The
26    Secretary of State may, as a condition to the issuance of a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (g) The Secretary of State shall not issue a restricted
2driving permit to a person under the age of 16 years whose
3driving privileges have been revoked under any provisions of
4this Code.
5    (h) The Secretary of State shall require the use of
6ignition interlock devices on all vehicles owned by a person
7who has been convicted of a second or subsequent offense under
8Section 11-501 of this Code or a similar provision of a local
9ordinance. The person must pay to the Secretary of State DUI
10Administration Fund an amount not to exceed $30 for each month
11that he or she uses the device. The Secretary shall establish
12by rule and regulation the procedures for certification and use
13of the interlock system, the amount of the fee, and the
14procedures, terms, and conditions relating to these fees.
15    (i) (Blank).
16    (j) In accordance with 49 C.F.R. 384, the Secretary of
17State may not issue a restricted driving permit for the
18operation of a commercial motor vehicle to a person holding a
19CDL whose driving privileges have been revoked, suspended,
20cancelled, or disqualified under any provisions of this Code.
21(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
2296-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
237-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
241-1-13; 97-1150, eff. 1-25-13; 09900SB0627enr.)
 
25    (625 ILCS 5/6-206)

 

 

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1    Sec. 6-206. Discretionary authority to suspend or revoke
2license or permit; Right to a hearing.
3    (a) The Secretary of State is authorized to suspend or
4revoke the driving privileges of any person without preliminary
5hearing upon a showing of the person's records or other
6sufficient evidence that the person:
7        1. Has committed an offense for which mandatory
8    revocation of a driver's license or permit is required upon
9    conviction;
10        2. Has been convicted of not less than 3 offenses
11    against traffic regulations governing the movement of
12    vehicles committed within any 12 month period. No
13    revocation or suspension shall be entered more than 6
14    months after the date of last conviction;
15        3. Has been repeatedly involved as a driver in motor
16    vehicle collisions or has been repeatedly convicted of
17    offenses against laws and ordinances regulating the
18    movement of traffic, to a degree that indicates lack of
19    ability to exercise ordinary and reasonable care in the
20    safe operation of a motor vehicle or disrespect for the
21    traffic laws and the safety of other persons upon the
22    highway;
23        4. Has by the unlawful operation of a motor vehicle
24    caused or contributed to an accident resulting in injury
25    requiring immediate professional treatment in a medical
26    facility or doctor's office to any person, except that any

 

 

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

 

 

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1    State when the person's driving privilege or privilege to
2    obtain a driver's license or permit was revoked or
3    suspended unless the operation was authorized by a
4    monitoring device driving permit, judicial driving permit
5    issued prior to January 1, 2009, probationary license to
6    drive, or a restricted driving permit issued under this
7    Code;
8        12. Has submitted to any portion of the application
9    process for another person or has obtained the services of
10    another person to submit to any portion of the application
11    process for the purpose of obtaining a license,
12    identification card, or permit for some other person;
13        13. Has operated a motor vehicle upon a highway of this
14    State when the person's driver's license or permit was
15    invalid under the provisions of Sections 6-107.1 and 6-110;
16        14. Has committed a violation of Section 6-301,
17    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
18    of the Illinois Identification Card Act;
19        15. Has been convicted of violating Section 21-2 of the
20    Criminal Code of 1961 or the Criminal Code of 2012 relating
21    to criminal trespass to vehicles in which case, the
22    suspension shall be for one year;
23        16. Has been convicted of violating Section 11-204 of
24    this Code relating to fleeing from a peace officer;
25        17. Has refused to submit to a test, or tests, as
26    required under Section 11-501.1 of this Code and the person

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        45. Has, in connection with or during the course of a
2    formal hearing conducted under Section 2-118 of this Code:
3    (i) committed perjury; (ii) submitted fraudulent or
4    falsified documents; (iii) submitted documents that have
5    been materially altered; or (iv) submitted, as his or her
6    own, documents that were in fact prepared or composed for
7    another person;
8        46. Has committed a violation of subsection (j) of
9    Section 3-413 of this Code; or
10        47. Has committed a violation of Section 11-502.1 of
11    this Code.
12    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
13and 27 of this subsection, license means any driver's license,
14any traffic ticket issued when the person's driver's license is
15deposited in lieu of bail, a suspension notice issued by the
16Secretary of State, a duplicate or corrected driver's license,
17a probationary driver's license or a temporary driver's
18license.
19    (b) If any conviction forming the basis of a suspension or
20revocation authorized under this Section is appealed, the
21Secretary of State may rescind or withhold the entry of the
22order of suspension or revocation, as the case may be, provided
23that a certified copy of a stay order of a court is filed with
24the Secretary of State. If the conviction is affirmed on
25appeal, the date of the conviction shall relate back to the
26time the original judgment of conviction was entered and the 6

 

 

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

 

 

HB1081 Enrolled- 33 -LRB099 04927 RJF 24956 b

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

 

 

HB1081 Enrolled- 34 -LRB099 04927 RJF 24956 b

1transport himself or herself, or a family member of the
2petitioner's household to a medical facility, to receive
3necessary medical care, to allow the petitioner to transport
4himself or herself to and from alcohol or drug remedial or
5rehabilitative activity recommended by a licensed service
6provider, or to allow the petitioner to transport himself or
7herself or a family member of the petitioner's household to
8classes, as a student, at an accredited educational
9institution, or to allow the petitioner to transport children,
10elderly persons, or disabled persons who do not hold driving
11privileges and are living in the petitioner's household to and
12from daycare. The petitioner must demonstrate that no
13alternative means of transportation is reasonably available
14and that the petitioner will not endanger the public safety or
15welfare. Those multiple offenders identified in subdivision
16(b)4 of Section 6-208 of this Code, however, shall not be
17eligible for the issuance of a restricted driving permit.
18        (A) If a person's license or permit is revoked or
19    suspended due to 2 or more convictions of violating Section
20    11-501 of this Code or a similar provision of a local
21    ordinance or a similar out-of-state offense, or Section 9-3
22    of the Criminal Code of 1961 or the Criminal Code of 2012,
23    where the use of alcohol or other drugs is recited as an
24    element of the offense, or a similar out-of-state offense,
25    or a combination of these offenses, arising out of separate
26    occurrences, that person, if issued a restricted driving

 

 

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

 

 

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

 

 

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1    issuance. A restricted driving permit issued under this
2    Section shall be subject to cancellation, revocation, and
3    suspension by the Secretary of State in like manner and for
4    like cause as a driver's license issued under this Code may
5    be cancelled, revoked, or suspended; except that a
6    conviction upon one or more offenses against laws or
7    ordinances regulating the movement of traffic shall be
8    deemed sufficient cause for the revocation, suspension, or
9    cancellation of a restricted driving permit. The Secretary
10    of State may, as a condition to the issuance of a
11    restricted driving permit, require the applicant to
12    participate in a designated driver remedial or
13    rehabilitative program. The Secretary of State is
14    authorized to cancel a restricted driving permit if the
15    permit holder does not successfully complete the program.
16    (c-3) In the case of a suspension under paragraph 43 of
17subsection (a), reports received by the Secretary of State
18under this Section shall, except during the actual time the
19suspension is in effect, be privileged information and for use
20only by the courts, police officers, prosecuting authorities,
21the driver licensing administrator of any other state, the
22Secretary of State, or the parent or legal guardian of a driver
23under the age of 18. However, beginning January 1, 2008, if the
24person is a CDL holder, the suspension shall also be made
25available to the driver licensing administrator of any other
26state, the U.S. Department of Transportation, and the affected

 

 

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1driver or motor carrier or prospective motor carrier upon
2request.
3    (c-4) In the case of a suspension under paragraph 43 of
4subsection (a), the Secretary of State shall notify the person
5by mail that his or her driving privileges and driver's license
6will be suspended one month after the date of the mailing of
7the notice.
8    (c-5) The Secretary of State may, as a condition of the
9reissuance of a driver's license or permit to an applicant
10whose driver's license or permit has been suspended before he
11or she reached the age of 21 years pursuant to any of the
12provisions of this Section, require the applicant to
13participate in a driver remedial education course and be
14retested under Section 6-109 of this Code.
15    (d) This Section is subject to the provisions of the
16Drivers License Compact.
17    (e) The Secretary of State shall not issue a restricted
18driving permit to a person under the age of 16 years whose
19driving privileges have been suspended or revoked under any
20provisions of this Code.
21    (f) In accordance with 49 C.F.R. 384, the Secretary of
22State may not issue a restricted driving permit for the
23operation of a commercial motor vehicle to a person holding a
24CDL whose driving privileges have been suspended, revoked,
25cancelled, or disqualified under any provisions of this Code.
26(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;

 

 

HB1081 Enrolled- 39 -LRB099 04927 RJF 24956 b

197-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
297-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
31-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.
47-16-14; 09900SB0627enr.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law, except that Sections 1, 5, and 10 take effect on
7July 1, 2016, and Section 20 takes effect January 1, 2016.