HB1081sam001 99TH GENERAL ASSEMBLY

Sen. Steve Stadelman

Filed: 8/18/2015

 

 


 

 


 
09900HB1081sam001LRB099 04927 RJF 37872 a

1
AMENDMENT TO HOUSE BILL 1081

2    AMENDMENT NO. ______. Amend House Bill 1081 by replacing
3everything after the enacting clause with the following:
 
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.
 

 

 

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1    Section 5. The Illinois Vehicle Code is amended by changing
2Section 3-600 and by adding Section 3-699.14 as follows:
 
3    (625 ILCS 5/3-600)  (from Ch. 95 1/2, par. 3-600)
4    Sec. 3-600. Requirements for issuance of special plates.
5    (a) The Secretary of State shall issue only special plates
6that have been authorized by the General Assembly. Except as
7provided in subsection (a-5), the The Secretary of State shall
8not issue a series of special plates, or Universal special
9plates associated with an organization authorized to issue
10decals for Universal special plates, unless applications, as
11prescribed by the Secretary, have been received for 2,000
1210,000 plates of that series; except that the Secretary of
13State may prescribe some other required number of applications
14if that number is sufficient to pay for the total cost of
15designing, manufacturing and issuing the special license
16plate. Where a special plate is authorized by law to raise
17funds for a specific civic group, charitable entity, or other
18identified organization, or when the civic group, charitable
19entity, or organization is authorized to issue decals for
20Universal special license plates, and where the Secretary of
21State has not received the required number of applications to
22issue that special plate within 2 years of the effective date
23of the Public Act authorizing the special plate or decal, the
24Secretary of State's authority to issue the special plate or a
25Universal special plate associated with that decal is

 

 

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1nullified. All applications for special plates shall be on a
2form designated by the Secretary and shall be accompanied by
3any civic group's, charitable entity's, or other identified
4fundraising organization's portion of the additional fee
5associated with that plate or decal. All fees collected under
6this Section are non-refundable and shall be deposited in the
7special fund as designated in the enabling legislation,
8regardless of whether the plate or decal is produced. Upon the
9adoption of this amendatory Act of the 99th General Assembly,
10no further special license plates shall be authorized by the
11General Assembly unless that special license plate is
12authorized under subsection (a-5) of this Section.
13    (a-5) If the General Assembly authorizes the issuance of a
14special plate that recognizes the applicant's military service
15or receipt of a military medal or award, the Secretary may
16immediately begin issuing that special plate.
17    (b) The Secretary of State, upon issuing a new series of
18special license plates, shall notify all law enforcement
19officials of the design, color and other special features of
20the special license plate series.
21    (c) This Section shall not apply to the Secretary of
22State's discretion as established in Section 3-611.
23    (d) If a law authorizing a special license plate provides
24that the sponsoring organization is to designate a charitable
25entity as the recipient of the funds from the sale of that
26license plate, the designated charitable entity must be in

 

 

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1compliance with the registration and reporting requirements of
2the Charitable Trust Act and the Solicitation for Charity Act.
3In addition, the charitable entity must annually provide the
4Secretary of State's office a letter of compliance issued by
5the Illinois Attorney General's office verifying the entity is
6in compliance with the Acts.
7    In the case of a law in effect before the effective date of
8this amendatory Act of the 97th General Assembly, the name of
9the charitable entity which is to receive the funds shall be
10provided to the Secretary of State within one year after the
11effective date of this amendatory Act of the 97th General
12Assembly. In the case of a law that takes effect on or after
13the effective date of this amendatory Act of the 97th General
14Assembly, the name of the charitable entity which is to receive
15the funds shall be provided to the Secretary of State within
16one year after the law takes effect. If the organization fails
17to designate an appropriate charitable entity within the
18one-year period, or if the designated charitable entity fails
19to annually provide the Secretary of State a letter of
20compliance issued by the Illinois Attorney General's office,
21any funds collected from the sale of plates authorized for that
22organization and not previously disbursed shall be transferred
23to the General Revenue Fund, and the special plates shall be
24discontinued.
25    (e) If fewer than 1,000 sets of any special license plate
26authorized by law and issued by the Secretary of State are

 

 

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1actively registered for 2 consecutive calendar years, the
2Secretary of State may discontinue the issuance of that special
3license plate or require that special license plate to be
4exchanged for Universal special plates with appropriate
5decals.
6    (f) Where special license plates have been discontinued
7pursuant to subsection (d) or (e) of this Section, or when the
8special license plates are required to be exchanged for
9Universal special plates under subsection (e) of this Section,
10all previously issued plates of that type shall be recalled.
11Owners of vehicles which were registered with recalled plates
12shall not be charged a reclassification or registration sticker
13replacement plate fee upon the issuance of new plates for those
14vehicles.
15    (g) Any special plate that is authorized to be issued for
16motorcycles may also be issued for autocycles.
17(Source: P.A. 97-409, eff. 1-1-12; 98-777, eff. 1-1-15.)
 
18    (625 ILCS 5/3-699.14 new)
19    Sec. 3-699.14. Universal special license plates.
20    (a) In addition to any other special license plate, the
21Secretary, upon receipt of all applicable fees and applications
22made in the form prescribed by the Secretary, may issue
23Universal special license plates to residents of Illinois on
24behalf of organizations that have been authorized by the
25General Assembly to issue decals for Universal special license

 

 

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1plates. Appropriate documentation, as determined by the
2Secretary, shall accompany each application. Authorized
3organizations shall be designated by amendment to this Section.
4When applying for a Universal special license plate the
5applicant shall inform the Secretary of the name of the
6authorized organization from which the applicant will obtain a
7decal to place on the plate. The Secretary shall make a record
8of that organization and that organization shall remain
9affiliated with that plate until the plate is surrendered,
10revoked, or otherwise cancelled. The authorized organization
11may charge a fee to offset the cost of producing and
12distributing the decal, but that fee shall be retained by the
13authorized organization and shall be separate and distinct from
14any registration fees charged by the Secretary. No decal,
15sticker, or other material may be affixed to a Universal
16special license plate other than a decal authorized by the
17General Assembly in this Section or a registration renewal
18sticker. The special plates issued under this Section shall be
19affixed only to passenger vehicles of the first division,
20including motorcycles and autocycles, or motor vehicles of the
21second division weighing not more than 8,000 pounds. Plates
22issued under this Section shall expire according to the
23multi-year procedure under Section 3-414.1 of this Code.
24    (b) The design, color, and format of the Universal special
25license plate shall be wholly within the discretion of the
26Secretary. Universal special license plates are not required to

 

 

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1designate "Land of Lincoln", as prescribed in subsection (b) of
2Section 3-412 of this Code. The design shall allow for the
3application of a decal to the plate. Organizations authorized
4by the General Assembly to issue decals for Universal special
5license plates shall comply with rules adopted by the Secretary
6governing the requirements for and approval of Universal
7special license plate decals. The Secretary may, in his or her
8discretion, allow Universal special license plates to be issued
9as vanity or personalized plates in accordance with Section
103-405.1 of this Code. The Secretary of State must make a
11version of the special registration plates authorized under
12this Section in a form appropriate for motorcycles and
13autocycles.
14    (c) When authorizing a Universal special license plate, the
15General Assembly shall set forth whether an additional fee is
16to be charged for the plate and, if a fee is to be charged, the
17amount of the fee and how the fee is to be distributed. When
18necessary, the authorizing language shall create a special fund
19in the State treasury into which fees may be deposited for an
20authorized Universal special license plate. Additional fees
21may only be charged if the fee is to be paid over to a State
22agency or to a charitable entity that is in compliance with the
23registration and reporting requirements of the Charitable
24Trust Act and the Solicitation for Charity Act. Any charitable
25entity receiving fees for the sale of Universal special license
26plates shall annually provide the Secretary of State a letter

 

 

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1of compliance issued by the Attorney General verifying that the
2entity is in compliance with the Charitable Trust Act and the
3Solicitation for Charity Act.
4    (d) Upon original issuance and for each registration
5renewal period, in addition to the appropriate registration
6fee, if applicable, the Secretary shall collect any additional
7fees, if required, for issuance of Universal special license
8plates. The fees shall be collected on behalf of the
9organization designated by the applicant when applying for the
10plate. All fees collected shall be transferred to the State
11agency on whose behalf the fees were collected, or paid into
12the special fund designated in the law authorizing the
13organization to issue decals for Universal special license
14plates. All money in the designated fund shall be distributed
15by the Secretary subject to appropriation by the General
16Assembly.
 
17    (625 ILCS 5/3-633 rep.)
18    Section 10. The Illinois Vehicle Code is amended by
19repealing Section 3-633.
 
20    Section 15. "An Act concerning transportation", approved
21August 10, 2015, Public Act 99-333, is amended by adding
22Section 99 as follows:
 
23    (P.A. 99-333, Sec. 99 new)

 

 

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1    Sec. 99. Effective date. This Act takes effect December 30,
22015.
 
3    Section 20. If and only if Senate Bill 627 of the 99th
4General Assembly becomes law as passed by both houses, then the
5Illinois Vehicle Code is amended by changing Sections 6-205 and
66-206 as follows:
 
7    (625 ILCS 5/6-205)
8    Sec. 6-205. Mandatory revocation of license or permit;
9Hardship cases.
10    (a) Except as provided in this Section, the Secretary of
11State shall immediately revoke the license, permit, or driving
12privileges of any driver upon receiving a report of the
13driver's conviction of any of the following offenses:
14        1. Reckless homicide resulting from the operation of a
15    motor vehicle;
16        2. Violation of Section 11-501 of this Code or a
17    similar provision of a local ordinance relating to the
18    offense of operating or being in physical control of a
19    vehicle while under the influence of alcohol, other drug or
20    drugs, intoxicating compound or compounds, or any
21    combination thereof;
22        3. Any felony under the laws of any State or the
23    federal government in the commission of which a motor
24    vehicle was used;

 

 

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

 

 

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

 

 

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

 

 

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1    or the use of a driver's license or permit. The revocation
2    shall remain in effect for the period determined by the
3    court. Upon the direction of the court, the Secretary shall
4    issue the person a judicial driving permit, also known as a
5    JDP. The JDP shall be subject to the same terms as a JDP
6    issued under Section 6-206.1, except that the court may
7    direct that a JDP issued under this subdivision (b)(3) be
8    effective immediately.
9    (c)(1) Whenever a person is convicted of any of the
10offenses enumerated in this Section, the court may recommend
11and the Secretary of State in his discretion, without regard to
12whether the recommendation is made by the court may, upon
13application, issue to the person a restricted driving permit
14granting the privilege of driving a motor vehicle between the
15petitioner's residence and petitioner's place of employment or
16within the scope of the petitioner's employment related duties,
17or to allow the petitioner to transport himself or herself or a
18family member of the petitioner's household to a medical
19facility for the receipt of necessary medical care or to allow
20the petitioner to transport himself or herself to and from
21alcohol or drug remedial or rehabilitative activity
22recommended by a licensed service provider, or to allow the
23petitioner to transport himself or herself or a family member
24of the petitioner's household to classes, as a student, at an
25accredited educational institution, or to allow the petitioner
26to transport children, elderly persons, or disabled persons who

 

 

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1do not hold driving privileges and are living in the
2petitioner's household to and from daycare; if the petitioner
3is able to demonstrate that no alternative means of
4transportation is reasonably available and that the petitioner
5will not endanger the public safety or welfare; provided that
6the Secretary's discretion shall be limited to cases where
7undue hardship, as defined by the rules of the Secretary of
8State, would result from a failure to issue the restricted
9driving permit. Those multiple offenders identified in
10subdivision (b)4 of Section 6-208 of this Code, however, shall
11not be eligible for the issuance of a restricted driving
12permit.
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 period has elapsed
16    during which that person had his or her driving privileges
17    revoked or a one year period has elapsed during which that
18    person had a restricted driving permit which required the
19    use of an ignition interlock device on every motor vehicle
20    owned or operated by that person.
21        (6) In each case the Secretary of State may issue a
22    restricted driving permit for a period he deems
23    appropriate, except that the permit shall expire within one
24    year from the date of issuance. A restricted driving permit
25    issued under this Section shall be subject to cancellation,
26    revocation, and suspension by the Secretary of State in

 

 

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

 

 

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

 

 

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

 

 

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

 

 

09900HB1081sam001- 21 -LRB099 04927 RJF 37872 a

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

 

 

09900HB1081sam001- 22 -LRB099 04927 RJF 37872 a

1or permit to that person.
2    (e) This Section is subject to the provisions of the Driver
3License Compact.
4    (f) Any revocation imposed upon any person under
5subsections 2 and 3 of paragraph (b) that is in effect on
6December 31, 1988 shall be converted to a suspension for a like
7period of time.
8    (g) The Secretary of State shall not issue a restricted
9driving permit to a person under the age of 16 years whose
10driving privileges have been revoked under any provisions of
11this Code.
12    (h) The Secretary of State shall require the use of
13ignition interlock devices on all vehicles owned by a person
14who has been convicted of a second or subsequent offense under
15Section 11-501 of this Code or a similar provision of a local
16ordinance. The person must pay to the Secretary of State DUI
17Administration Fund an amount not to exceed $30 for each month
18that he or she uses the device. The Secretary shall establish
19by rule and regulation the procedures for certification and use
20of the interlock system, the amount of the fee, and the
21procedures, terms, and conditions relating to these fees.
22    (i) (Blank).
23    (j) In accordance with 49 C.F.R. 384, the Secretary of
24State may not issue a restricted driving permit for the
25operation of a commercial motor vehicle to a person holding a
26CDL whose driving privileges have been revoked, suspended,

 

 

09900HB1081sam001- 23 -LRB099 04927 RJF 37872 a

1cancelled, or disqualified under any provisions of this Code.
2(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
396-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
47-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
51-1-13; 97-1150, eff. 1-25-13; 09900SB0627enr.)
 
6    (625 ILCS 5/6-206)
7    Sec. 6-206. Discretionary authority to suspend or revoke
8license or permit; Right to a hearing.
9    (a) The Secretary of State is authorized to suspend or
10revoke the driving privileges of any person without preliminary
11hearing upon a showing of the person's records or other
12sufficient evidence that the person:
13        1. Has committed an offense for which mandatory
14    revocation of a driver's license or permit is required upon
15    conviction;
16        2. Has been convicted of not less than 3 offenses
17    against traffic regulations governing the movement of
18    vehicles committed within any 12 month period. No
19    revocation or suspension shall be entered more than 6
20    months after the date of last conviction;
21        3. Has been repeatedly involved as a driver in motor
22    vehicle collisions or has been repeatedly convicted of
23    offenses against laws and ordinances regulating the
24    movement of traffic, to a degree that indicates lack of
25    ability to exercise ordinary and reasonable care in the

 

 

09900HB1081sam001- 24 -LRB099 04927 RJF 37872 a

1    safe operation of a motor vehicle or disrespect for the
2    traffic laws and the safety of other persons upon the
3    highway;
4        4. Has by the unlawful operation of a motor vehicle
5    caused or contributed to an accident resulting in injury
6    requiring immediate professional treatment in a medical
7    facility or doctor's office to any person, except that any
8    suspension or revocation imposed by the Secretary of State
9    under the provisions of this subsection shall start no
10    later than 6 months after being convicted of violating a
11    law or ordinance regulating the movement of traffic, which
12    violation is related to the accident, or shall start not
13    more than one year after the date of the accident,
14    whichever date occurs later;
15        5. Has permitted an unlawful or fraudulent use of a
16    driver's license, identification card, or permit;
17        6. Has been lawfully convicted of an offense or
18    offenses in another state, including the authorization
19    contained in Section 6-203.1, which if committed within
20    this State would be grounds for suspension or revocation;
21        7. Has refused or failed to submit to an examination
22    provided for by Section 6-207 or has failed to pass the
23    examination;
24        8. Is ineligible for a driver's license or permit under
25    the provisions of Section 6-103;
26        9. Has made a false statement or knowingly concealed a

 

 

09900HB1081sam001- 25 -LRB099 04927 RJF 37872 a

1    material fact or has used false information or
2    identification in any application for a license,
3    identification card, or permit;
4        10. Has possessed, displayed, or attempted to
5    fraudulently use any license, identification card, or
6    permit not issued to the person;
7        11. Has operated a motor vehicle upon a highway of this
8    State when the person's driving privilege or privilege to
9    obtain a driver's license or permit was revoked or
10    suspended unless the operation was authorized by a
11    monitoring device driving permit, judicial driving permit
12    issued prior to January 1, 2009, probationary license to
13    drive, or a restricted driving permit issued under this
14    Code;
15        12. Has submitted to any portion of the application
16    process for another person or has obtained the services of
17    another person to submit to any portion of the application
18    process for the purpose of obtaining a license,
19    identification card, or permit for some other person;
20        13. Has operated a motor vehicle upon a highway of this
21    State when the person's driver's license or permit was
22    invalid under the provisions of Sections 6-107.1 and 6-110;
23        14. Has committed a violation of Section 6-301,
24    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
25    of the Illinois Identification Card Act;
26        15. Has been convicted of violating Section 21-2 of the

 

 

09900HB1081sam001- 26 -LRB099 04927 RJF 37872 a

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

 

 

09900HB1081sam001- 27 -LRB099 04927 RJF 37872 a

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

 

 

09900HB1081sam001- 28 -LRB099 04927 RJF 37872 a

1    which case the person's driving privileges shall be
2    suspended for one year. Any defendant found guilty of this
3    offense while operating a motor vehicle, shall have an
4    entry made in the court record by the presiding judge that
5    this offense did occur while the defendant was operating a
6    motor vehicle and order the clerk of the court to report
7    the violation to the Secretary of State;
8        29. Has been convicted of the following offenses that
9    were committed while the person was operating or in actual
10    physical control, as a driver, of a motor vehicle: criminal
11    sexual assault, predatory criminal sexual assault of a
12    child, aggravated criminal sexual assault, criminal sexual
13    abuse, aggravated criminal sexual abuse, juvenile pimping,
14    soliciting for a juvenile prostitute, promoting juvenile
15    prostitution as described in subdivision (a)(1), (a)(2),
16    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
17    or the Criminal Code of 2012, and the manufacture, sale or
18    delivery of controlled substances or instruments used for
19    illegal drug use or abuse in which case the driver's
20    driving privileges shall be suspended for one year;
21        30. Has been convicted a second or subsequent time for
22    any combination of the offenses named in paragraph 29 of
23    this subsection, in which case the person's driving
24    privileges shall be suspended for 5 years;
25        31. Has refused to submit to a test as required by
26    Section 11-501.6 of this Code or Section 5-16c of the Boat

 

 

09900HB1081sam001- 29 -LRB099 04927 RJF 37872 a

1    Registration and Safety Act or has submitted to a test
2    resulting in an alcohol concentration of 0.08 or more or
3    any amount of a drug, substance, or compound resulting from
4    the unlawful use or consumption of cannabis as listed in
5    the Cannabis Control Act, a controlled substance as listed
6    in the Illinois Controlled Substances Act, an intoxicating
7    compound as listed in the Use of Intoxicating Compounds
8    Act, or methamphetamine as listed in the Methamphetamine
9    Control and Community Protection Act, in which case the
10    penalty shall be as prescribed in Section 6-208.1;
11        32. Has been convicted of Section 24-1.2 of the
12    Criminal Code of 1961 or the Criminal Code of 2012 relating
13    to the aggravated discharge of a firearm if the offender
14    was located in a motor vehicle at the time the firearm was
15    discharged, in which case the suspension shall be for 3
16    years;
17        33. Has as a driver, who was less than 21 years of age
18    on the date of the offense, been convicted a first time of
19    a violation of paragraph (a) of Section 11-502 of this Code
20    or a similar provision of a local ordinance;
21        34. Has committed a violation of Section 11-1301.5 of
22    this Code or a similar provision of a local ordinance;
23        35. Has committed a violation of Section 11-1301.6 of
24    this Code or a similar provision of a local ordinance;
25        36. Is under the age of 21 years at the time of arrest
26    and has been convicted of not less than 2 offenses against

 

 

09900HB1081sam001- 30 -LRB099 04927 RJF 37872 a

1    traffic regulations governing the movement of vehicles
2    committed within any 24 month period. No revocation or
3    suspension shall be entered more than 6 months after the
4    date of last conviction;
5        37. Has committed a violation of subsection (c) of
6    Section 11-907 of this Code that resulted in damage to the
7    property of another or the death or injury of another;
8        38. Has been convicted of a violation of Section 6-20
9    of the Liquor Control Act of 1934 or a similar provision of
10    a local ordinance;
11        39. Has committed a second or subsequent violation of
12    Section 11-1201 of this Code;
13        40. Has committed a violation of subsection (a-1) of
14    Section 11-908 of this Code;
15        41. Has committed a second or subsequent violation of
16    Section 11-605.1 of this Code, a similar provision of a
17    local ordinance, or a similar violation in any other state
18    within 2 years of the date of the previous violation, in
19    which case the suspension shall be for 90 days;
20        42. Has committed a violation of subsection (a-1) of
21    Section 11-1301.3 of this Code or a similar provision of a
22    local ordinance;
23        43. Has received a disposition of court supervision for
24    a violation of subsection (a), (d), or (e) of Section 6-20
25    of the Liquor Control Act of 1934 or a similar provision of
26    a local ordinance, in which case the suspension shall be

 

 

09900HB1081sam001- 31 -LRB099 04927 RJF 37872 a

1    for a period of 3 months;
2        44. Is under the age of 21 years at the time of arrest
3    and has been convicted of an offense against traffic
4    regulations governing the movement of vehicles after
5    having previously had his or her driving privileges
6    suspended or revoked pursuant to subparagraph 36 of this
7    Section;
8        45. Has, in connection with or during the course of a
9    formal hearing conducted under Section 2-118 of this Code:
10    (i) committed perjury; (ii) submitted fraudulent or
11    falsified documents; (iii) submitted documents that have
12    been materially altered; or (iv) submitted, as his or her
13    own, documents that were in fact prepared or composed for
14    another person;
15        46. Has committed a violation of subsection (j) of
16    Section 3-413 of this Code; or
17        47. Has committed a violation of Section 11-502.1 of
18    this Code.
19    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
20and 27 of this subsection, license means any driver's license,
21any traffic ticket issued when the person's driver's license is
22deposited in lieu of bail, a suspension notice issued by the
23Secretary of State, a duplicate or corrected driver's license,
24a probationary driver's license or a temporary driver's
25license.
26    (b) If any conviction forming the basis of a suspension or

 

 

09900HB1081sam001- 32 -LRB099 04927 RJF 37872 a

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

 

 

09900HB1081sam001- 33 -LRB099 04927 RJF 37872 a

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

 

 

09900HB1081sam001- 34 -LRB099 04927 RJF 37872 a

1Secretary of State does not rescind the order, the Secretary
2may upon application, to relieve undue hardship (as defined by
3the rules of the Secretary of State), issue a restricted
4driving permit granting the privilege of driving a motor
5vehicle between the petitioner's residence and petitioner's
6place of employment or within the scope of the petitioner's
7employment related duties, or to allow the petitioner to
8transport himself or herself, or a family member of the
9petitioner's household to a medical facility, to receive
10necessary medical care, to allow the petitioner to transport
11himself or herself to and from alcohol or drug remedial or
12rehabilitative activity recommended by a licensed service
13provider, or to allow the petitioner to transport himself or
14herself or a family member of the petitioner's household to
15classes, as a student, at an accredited educational
16institution, or to allow the petitioner to transport children,
17elderly persons, or disabled persons who do not hold driving
18privileges and are living in the petitioner's household to and
19from daycare. The petitioner must demonstrate that no
20alternative means of transportation is reasonably available
21and that the petitioner will not endanger the public safety or
22welfare. Those multiple offenders identified in subdivision
23(b)4 of Section 6-208 of this Code, however, shall not be
24eligible for the issuance of a restricted driving permit.
25        (A) If a person's license or permit is revoked or
26    suspended due to 2 or more convictions of violating Section

 

 

09900HB1081sam001- 35 -LRB099 04927 RJF 37872 a

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

 

 

09900HB1081sam001- 36 -LRB099 04927 RJF 37872 a

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

 

 

09900HB1081sam001- 37 -LRB099 04927 RJF 37872 a

1    revoked or a one year period has elapsed during which that
2    person had a restricted driving permit which required the
3    use of an ignition interlock device on every motor vehicle
4    owned or operated by that person.
5        (E) In each case the Secretary may issue a restricted
6    driving permit for a period deemed appropriate, except that
7    all permits shall expire within one year from the date of
8    issuance. A restricted driving permit issued under this
9    Section shall be subject to cancellation, revocation, and
10    suspension by the Secretary of State in like manner and for
11    like cause as a driver's license issued under this Code may
12    be cancelled, revoked, or suspended; except that a
13    conviction upon one or more offenses against laws or
14    ordinances regulating the movement of traffic shall be
15    deemed sufficient cause for the revocation, suspension, or
16    cancellation of a restricted driving permit. The Secretary
17    of State may, as a condition to the issuance of a
18    restricted driving permit, require the applicant to
19    participate in a designated driver remedial or
20    rehabilitative program. The Secretary of State is
21    authorized to cancel a restricted driving permit if the
22    permit holder does not successfully complete the program.
23    (c-3) In the case of a suspension under paragraph 43 of
24subsection (a), reports received by the Secretary of State
25under this Section shall, except during the actual time the
26suspension is in effect, be privileged information and for use

 

 

09900HB1081sam001- 38 -LRB099 04927 RJF 37872 a

1only by the courts, police officers, prosecuting authorities,
2the driver licensing administrator of any other state, the
3Secretary of State, or the parent or legal guardian of a driver
4under the age of 18. However, beginning January 1, 2008, if the
5person is a CDL holder, the suspension shall also be made
6available to the driver licensing administrator of any other
7state, the U.S. Department of Transportation, and the affected
8driver or motor carrier or prospective motor carrier upon
9request.
10    (c-4) In the case of a suspension under paragraph 43 of
11subsection (a), the Secretary of State shall notify the person
12by mail that his or her driving privileges and driver's license
13will be suspended one month after the date of the mailing of
14the notice.
15    (c-5) The Secretary of State may, as a condition of the
16reissuance of a driver's license or permit to an applicant
17whose driver's license or permit has been suspended before he
18or she reached the age of 21 years pursuant to any of the
19provisions of this Section, require the applicant to
20participate in a driver remedial education course and be
21retested under Section 6-109 of this Code.
22    (d) This Section is subject to the provisions of the
23Drivers License Compact.
24    (e) The Secretary of State shall not issue a restricted
25driving permit to a person under the age of 16 years whose
26driving privileges have been suspended or revoked under any

 

 

09900HB1081sam001- 39 -LRB099 04927 RJF 37872 a

1provisions of this Code.
2    (f) In accordance with 49 C.F.R. 384, the Secretary of
3State may not issue a restricted driving permit for the
4operation of a commercial motor vehicle to a person holding a
5CDL whose driving privileges have been suspended, revoked,
6cancelled, or disqualified under any provisions of this Code.
7(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
897-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
997-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
101-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.
117-16-14; 09900SB0627enr.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law, except that Sections 1, 5, and 10 take effect on
14July 1, 2016, and Section 20 takes effect January 1, 2016.".