Illinois General Assembly - Full Text of SB0698
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Full Text of SB0698  102nd General Assembly

SB0698 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0698

 

Introduced 2/25/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4  from Ch. 124, par. 24
625 ILCS 5/6-106.1  from Ch. 95 1/2, par. 6-106.1
625 ILCS 5/6-205
625 ILCS 5/6-206
625 ILCS 5/6-508  from Ch. 95 1/2, par. 6-508
730 ILCS 5/5-6-3.1  from Ch. 38, par. 1005-6-3.1

    Amends the Illinois Identification Card Act. Provides that Illinois Identification Cards issued to persons upon conditional release or absolute discharge from the custody of the Department of Human Services be issued prior to release or discharge (instead of no sooner than 14 days prior to release or discharge). Amends the Illinois Vehicle Code. Provides that applicants for school bus driver permits and commercial driver's licenses must not have been convicted of (i) aggravated domestic battery, or (ii) specified offenses under the Liquor Control Act of 1934 within the last 20 years before the date of the application (rather than at any point in the applicant's past). Provides that, regardless of whether an exemption for employment-related transportation applies, every person required to install and maintain an ignition interlock device shall not be eligible for reinstatement until the person installs an ignition interlock device and maintains the ignition interlock device for 5 years. Amends the Unified Code of Corrections. Provides that a subsection concerning required proof of financial responsibility does not apply to a person who, at the time of the offense, was operating a motor vehicle registered in a state other than Illinois. Makes other changes. Effective immediately.


LRB102 10213 HEP 15536 b

 

 

A BILL FOR

 

SB0698LRB102 10213 HEP 15536 b

1    AN ACT concerning the Secretary of State.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 4 as follows:
 
6    (15 ILCS 335/4)  (from Ch. 124, par. 24)
7    Sec. 4. Identification card.
8    (a) The Secretary of State shall issue a standard Illinois
9Identification Card to any natural person who is a resident of
10the State of Illinois who applies for such card, or renewal
11thereof. No identification card shall be issued to any person
12who holds a valid foreign state identification card, license,
13or permit unless the person first surrenders to the Secretary
14of State the valid foreign state identification card, license,
15or permit. The card shall be prepared and supplied by the
16Secretary of State and shall include a photograph and
17signature or mark of the applicant. However, the Secretary of
18State may provide by rule for the issuance of Illinois
19Identification Cards without photographs if the applicant has
20a bona fide religious objection to being photographed or to
21the display of his or her photograph. The Illinois
22Identification Card may be used for identification purposes in
23any lawful situation only by the person to whom it was issued.

 

 

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1As used in this Act, "photograph" means any color photograph
2or digitally produced and captured image of an applicant for
3an identification card. As used in this Act, "signature" means
4the name of a person as written by that person and captured in
5a manner acceptable to the Secretary of State.
6    (a-5) If an applicant for an identification card has a
7current driver's license or instruction permit issued by the
8Secretary of State, the Secretary may require the applicant to
9utilize the same residence address and name on the
10identification card, driver's license, and instruction permit
11records maintained by the Secretary. The Secretary may
12promulgate rules to implement this provision.
13    (a-10) If the applicant is a judicial officer as defined
14in Section 1-10 of the Judicial Privacy Act or a peace officer,
15the applicant may elect to have his or her office or work
16address listed on the card instead of the applicant's
17residence or mailing address. The Secretary may promulgate
18rules to implement this provision. For the purposes of this
19subsection (a-10), "peace officer" means any person who by
20virtue of his or her office or public employment is vested by
21law with a duty to maintain public order or to make arrests for
22a violation of any penal statute of this State, whether that
23duty extends to all violations or is limited to specific
24violations.
25    (a-15) The Secretary of State may provide for an expedited
26process for the issuance of an Illinois Identification Card.

 

 

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1The Secretary shall charge an additional fee for the expedited
2issuance of an Illinois Identification Card, to be set by
3rule, not to exceed $75. All fees collected by the Secretary
4for expedited Illinois Identification Card service shall be
5deposited into the Secretary of State Special Services Fund.
6The Secretary may adopt rules regarding the eligibility,
7process, and fee for an expedited Illinois Identification
8Card. If the Secretary of State determines that the volume of
9expedited identification card requests received on a given day
10exceeds the ability of the Secretary to process those requests
11in an expedited manner, the Secretary may decline to provide
12expedited services, and the additional fee for the expedited
13service shall be refunded to the applicant.
14    (a-20) The Secretary of State shall issue a standard
15Illinois Identification Card to a committed person upon
16release on parole, mandatory supervised release, aftercare
17release, final discharge, or pardon from the Department of
18Corrections or Department of Juvenile Justice, if the released
19person presents a certified copy of his or her birth
20certificate, social security card or other documents
21authorized by the Secretary, and 2 documents proving his or
22her Illinois residence address. Documents proving residence
23address may include any official document of the Department of
24Corrections or the Department of Juvenile Justice showing the
25released person's address after release and a Secretary of
26State prescribed certificate of residency form, which may be

 

 

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1executed by Department of Corrections or Department of
2Juvenile Justice personnel.
3    (a-25) The Secretary of State shall issue a limited-term
4Illinois Identification Card valid for 90 days to a committed
5person upon release on parole, mandatory supervised release,
6aftercare release, final discharge, or pardon from the
7Department of Corrections or Department of Juvenile Justice,
8if the released person is unable to present a certified copy of
9his or her birth certificate and social security card or other
10documents authorized by the Secretary, but does present a
11Secretary of State prescribed verification form completed by
12the Department of Corrections or Department of Juvenile
13Justice, verifying the released person's date of birth and
14social security number and 2 documents proving his or her
15Illinois residence address. The verification form must have
16been completed no more than 30 days prior to the date of
17application for the Illinois Identification Card. Documents
18proving residence address shall include any official document
19of the Department of Corrections or the Department of Juvenile
20Justice showing the person's address after release and a
21Secretary of State prescribed certificate of residency, which
22may be executed by Department of Corrections or Department of
23Juvenile Justice personnel.
24    Prior to the expiration of the 90-day period of the
25limited-term Illinois Identification Card, if the released
26person submits to the Secretary of State a certified copy of

 

 

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1his or her birth certificate and his or her social security
2card or other documents authorized by the Secretary, a
3standard Illinois Identification Card shall be issued. A
4limited-term Illinois Identification Card may not be renewed.
5    (a-30) The Secretary of State shall issue a standard
6Illinois Identification Card to a person upon conditional
7release or absolute discharge from the custody of the
8Department of Human Services, if the person presents a
9certified copy of his or her birth certificate, social
10security card, or other documents authorized by the Secretary,
11and a document proving his or her Illinois residence address.
12The Secretary of State shall issue a standard Illinois
13Identification Card to a person no sooner than 14 days prior to
14his or her conditional release or absolute discharge if
15personnel from the Department of Human Services bring the
16person to a Secretary of State location with the required
17documents. Documents proving residence address may include any
18official document of the Department of Human Services showing
19the person's address after release and a Secretary of State
20prescribed verification form, which may be executed by
21personnel of the Department of Human Services.
22    (a-35) The Secretary of State shall issue a limited-term
23Illinois Identification Card valid for 90 days to a person
24upon conditional release or absolute discharge from the
25custody of the Department of Human Services, if the person is
26unable to present a certified copy of his or her birth

 

 

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1certificate and social security card or other documents
2authorized by the Secretary, but does present a Secretary of
3State prescribed verification form completed by the Department
4of Human Services, verifying the person's date of birth and
5social security number, and a document proving his or her
6Illinois residence address. The verification form must have
7been completed no more than 30 days prior to the date of
8application for the Illinois Identification Card. The
9Secretary of State shall issue a limited-term Illinois
10Identification Card to a person no sooner than 14 days prior to
11his or her conditional release or absolute discharge if
12personnel from the Department of Human Services bring the
13person to a Secretary of State location with the required
14documents. Documents proving residence address shall include
15any official document of the Department of Human Services
16showing the person's address after release and a Secretary of
17State prescribed verification form, which may be executed by
18personnel of the Department of Human Services.
19    (b) The Secretary of State shall issue a special Illinois
20Identification Card, which shall be known as an Illinois
21Person with a Disability Identification Card, to any natural
22person who is a resident of the State of Illinois, who is a
23person with a disability as defined in Section 4A of this Act,
24who applies for such card, or renewal thereof. No Illinois
25Person with a Disability Identification Card shall be issued
26to any person who holds a valid foreign state identification

 

 

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1card, license, or permit unless the person first surrenders to
2the Secretary of State the valid foreign state identification
3card, license, or permit. The Secretary of State shall charge
4no fee to issue such card. The card shall be prepared and
5supplied by the Secretary of State, and shall include a
6photograph and signature or mark of the applicant, a
7designation indicating that the card is an Illinois Person
8with a Disability Identification Card, and shall include a
9comprehensible designation of the type and classification of
10the applicant's disability as set out in Section 4A of this
11Act. However, the Secretary of State may provide by rule for
12the issuance of Illinois Person with a Disability
13Identification Cards without photographs if the applicant has
14a bona fide religious objection to being photographed or to
15the display of his or her photograph. If the applicant so
16requests, the card shall include a description of the
17applicant's disability and any information about the
18applicant's disability or medical history which the Secretary
19determines would be helpful to the applicant in securing
20emergency medical care. If a mark is used in lieu of a
21signature, such mark shall be affixed to the card in the
22presence of two witnesses who attest to the authenticity of
23the mark. The Illinois Person with a Disability Identification
24Card may be used for identification purposes in any lawful
25situation by the person to whom it was issued.
26    The Illinois Person with a Disability Identification Card

 

 

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1may be used as adequate documentation of disability in lieu of
2a physician's determination of disability, a determination of
3disability from a physician assistant, a determination of
4disability from an advanced practice registered nurse, or any
5other documentation of disability whenever any State law
6requires that a person with a disability provide such
7documentation of disability, however an Illinois Person with a
8Disability Identification Card shall not qualify the
9cardholder to participate in any program or to receive any
10benefit which is not available to all persons with like
11disabilities. Notwithstanding any other provisions of law, an
12Illinois Person with a Disability Identification Card, or
13evidence that the Secretary of State has issued an Illinois
14Person with a Disability Identification Card, shall not be
15used by any person other than the person named on such card to
16prove that the person named on such card is a person with a
17disability or for any other purpose unless the card is used for
18the benefit of the person named on such card, and the person
19named on such card consents to such use at the time the card is
20so used.
21    An optometrist's determination of a visual disability
22under Section 4A of this Act is acceptable as documentation
23for the purpose of issuing an Illinois Person with a
24Disability Identification Card.
25    When medical information is contained on an Illinois
26Person with a Disability Identification Card, the Office of

 

 

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1the Secretary of State shall not be liable for any actions
2taken based upon that medical information.
3    (c) The Secretary of State shall provide that each
4original or renewal Illinois Identification Card or Illinois
5Person with a Disability Identification Card issued to a
6person under the age of 21 shall be of a distinct nature from
7those Illinois Identification Cards or Illinois Person with a
8Disability Identification Cards issued to individuals 21 years
9of age or older. The color designated for Illinois
10Identification Cards or Illinois Person with a Disability
11Identification Cards for persons under the age of 21 shall be
12at the discretion of the Secretary of State.
13    (c-1) Each original or renewal Illinois Identification
14Card or Illinois Person with a Disability Identification Card
15issued to a person under the age of 21 shall display the date
16upon which the person becomes 18 years of age and the date upon
17which the person becomes 21 years of age.
18    (c-3) The General Assembly recognizes the need to identify
19military veterans living in this State for the purpose of
20ensuring that they receive all of the services and benefits to
21which they are legally entitled, including healthcare,
22education assistance, and job placement. To assist the State
23in identifying these veterans and delivering these vital
24services and benefits, the Secretary of State is authorized to
25issue Illinois Identification Cards and Illinois Person with a
26Disability Identification Cards with the word "veteran"

 

 

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1appearing on the face of the cards. This authorization is
2predicated on the unique status of veterans. The Secretary may
3not issue any other identification card which identifies an
4occupation, status, affiliation, hobby, or other unique
5characteristics of the identification card holder which is
6unrelated to the purpose of the identification card.
7    (c-5) Beginning on or before July 1, 2015, the Secretary
8of State shall designate a space on each original or renewal
9identification card where, at the request of the applicant,
10the word "veteran" shall be placed. The veteran designation
11shall be available to a person identified as a veteran under
12subsection (b) of Section 5 of this Act who was discharged or
13separated under honorable conditions.
14    (d) The Secretary of State may issue a Senior Citizen
15discount card, to any natural person who is a resident of the
16State of Illinois who is 60 years of age or older and who
17applies for such a card or renewal thereof. The Secretary of
18State shall charge no fee to issue such card. The card shall be
19issued in every county and applications shall be made
20available at, but not limited to, nutrition sites, senior
21citizen centers and Area Agencies on Aging. The applicant,
22upon receipt of such card and prior to its use for any purpose,
23shall have affixed thereon in the space provided therefor his
24signature or mark.
25    (e) The Secretary of State, in his or her discretion, may
26designate on each Illinois Identification Card or Illinois

 

 

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1Person with a Disability Identification Card a space where the
2card holder may place a sticker or decal, issued by the
3Secretary of State, of uniform size as the Secretary may
4specify, that shall indicate in appropriate language that the
5card holder has renewed his or her Illinois Identification
6Card or Illinois Person with a Disability Identification Card.
7(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
899-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff.
97-1-17; 100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
10    Section 10. The Illinois Vehicle Code is amended by
11changing Sections 6-106.1, 6-205, 6-206, and 6-508 as follows:
 
12    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
13    Sec. 6-106.1. School bus driver permit.
14    (a) The Secretary of State shall issue a school bus driver
15permit to those applicants who have met all the requirements
16of the application and screening process under this Section to
17insure the welfare and safety of children who are transported
18on school buses throughout the State of Illinois. Applicants
19shall obtain the proper application required by the Secretary
20of State from their prospective or current employer and submit
21the completed application to the prospective or current
22employer along with the necessary fingerprint submission as
23required by the Department of State Police to conduct
24fingerprint based criminal background checks on current and

 

 

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1future information available in the state system and current
2information available through the Federal Bureau of
3Investigation's system. Applicants who have completed the
4fingerprinting requirements shall not be subjected to the
5fingerprinting process when applying for subsequent permits or
6submitting proof of successful completion of the annual
7refresher course. Individuals who on July 1, 1995 (the
8effective date of Public Act 88-612) possess a valid school
9bus driver permit that has been previously issued by the
10appropriate Regional School Superintendent are not subject to
11the fingerprinting provisions of this Section as long as the
12permit remains valid and does not lapse. The applicant shall
13be required to pay all related application and fingerprinting
14fees as established by rule including, but not limited to, the
15amounts established by the Department of State Police and the
16Federal Bureau of Investigation to process fingerprint based
17criminal background investigations. All fees paid for
18fingerprint processing services under this Section shall be
19deposited into the State Police Services Fund for the cost
20incurred in processing the fingerprint based criminal
21background investigations. All other fees paid under this
22Section shall be deposited into the Road Fund for the purpose
23of defraying the costs of the Secretary of State in
24administering this Section. All applicants must:
25        1. be 21 years of age or older;
26        2. possess a valid and properly classified driver's

 

 

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

 

 

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

 

 

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1    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
2    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
3    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
4    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
5    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
6    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
7    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
8    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
9    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
10    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-5.3, 12-6,
11    12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13,
12    12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6,
13    12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16,
14    16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1,
15    20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5,
16    24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9,
17    31A-1.1, 33A-2, and 33D-1, in subsection (A), clauses (a)
18    and (b), of Section 24-3, and those offenses contained in
19    Article 29D of the Criminal Code of 1961 or the Criminal
20    Code of 2012; (ii) those offenses defined in the Cannabis
21    Control Act except those offenses defined in subsections
22    (a) and (b) of Section 4, and subsection (a) of Section 5
23    of the Cannabis Control Act; (iii) those offenses defined
24    in the Illinois Controlled Substances Act; (iv) those
25    offenses defined in the Methamphetamine Control and
26    Community Protection Act; and (v) any offense committed or

 

 

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1    attempted in any other state or against the laws of the
2    United States, which if committed or attempted in this
3    State would be punishable as one or more of the foregoing
4    offenses; (vi) the offenses defined in Section 4.1 and 5.1
5    of the Wrongs to Children Act or Section 11-9.1A of the
6    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
7    those offenses defined in Section 6-16 of the Liquor
8    Control Act of 1934 within the last 20 years before the
9    date of the application; and (viii) those offenses defined
10    in the Methamphetamine Precursor Control Act;
11        12. not have been repeatedly involved as a driver in
12    motor vehicle collisions or been repeatedly convicted of
13    offenses against laws and ordinances regulating the
14    movement of traffic, to a degree which indicates lack of
15    ability to exercise ordinary and reasonable care in the
16    safe operation of a motor vehicle or disrespect for the
17    traffic laws and the safety of other persons upon the
18    highway;
19        13. not have, through the unlawful operation of a
20    motor vehicle, caused an accident resulting in the death
21    of any person;
22        14. not have, within the last 5 years, been adjudged
23    to be afflicted with or suffering from any mental
24    disability or disease;
25        15. consent, in writing, to the release of results of
26    reasonable suspicion drug and alcohol testing under

 

 

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1    Section 6-106.1c of this Code by the employer of the
2    applicant to the Secretary of State; and
3        16. not have been convicted of committing or
4    attempting to commit within the last 20 years: (i) an
5    offense defined in subsection (c) of Section 4, subsection
6    (b) of Section 5, and subsection (a) of Section 8 of the
7    Cannabis Control Act; or (ii) any offenses in any other
8    state or against the laws of the United States that, if
9    committed or attempted in this State, would be punishable
10    as one or more of the foregoing offenses.
11    (b) A school bus driver permit shall be valid for a period
12specified by the Secretary of State as set forth by rule. It
13shall be renewable upon compliance with subsection (a) of this
14Section.
15    (c) A school bus driver permit shall contain the holder's
16driver's license number, legal name, residence address, zip
17code, and date of birth, a brief description of the holder and
18a space for signature. The Secretary of State may require a
19suitable photograph of the holder.
20    (d) The employer shall be responsible for conducting a
21pre-employment interview with prospective school bus driver
22candidates, distributing school bus driver applications and
23medical forms to be completed by the applicant, and submitting
24the applicant's fingerprint cards to the Department of State
25Police that are required for the criminal background
26investigations. The employer shall certify in writing to the

 

 

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1Secretary of State that all pre-employment conditions have
2been successfully completed including the successful
3completion of an Illinois specific criminal background
4investigation through the Department of State Police and the
5submission of necessary fingerprints to the Federal Bureau of
6Investigation for criminal history information available
7through the Federal Bureau of Investigation system. The
8applicant shall present the certification to the Secretary of
9State at the time of submitting the school bus driver permit
10application.
11    (e) Permits shall initially be provisional upon receiving
12certification from the employer that all pre-employment
13conditions have been successfully completed, and upon
14successful completion of all training and examination
15requirements for the classification of the vehicle to be
16operated, the Secretary of State shall provisionally issue a
17School Bus Driver Permit. The permit shall remain in a
18provisional status pending the completion of the Federal
19Bureau of Investigation's criminal background investigation
20based upon fingerprinting specimens submitted to the Federal
21Bureau of Investigation by the Department of State Police. The
22Federal Bureau of Investigation shall report the findings
23directly to the Secretary of State. The Secretary of State
24shall remove the bus driver permit from provisional status
25upon the applicant's successful completion of the Federal
26Bureau of Investigation's criminal background investigation.

 

 

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1    (f) A school bus driver permit holder shall notify the
2employer and the Secretary of State if he or she is issued an
3order of court supervision for or convicted in another state
4of an offense that would make him or her ineligible for a
5permit under subsection (a) of this Section. The written
6notification shall be made within 5 days of the entry of the
7order of court supervision or conviction. Failure of the
8permit holder to provide the notification is punishable as a
9petty offense for a first violation and a Class B misdemeanor
10for a second or subsequent violation.
11    (g) Cancellation; suspension; notice and procedure.
12        (1) The Secretary of State shall cancel a school bus
13    driver permit of an applicant whose criminal background
14    investigation discloses that he or she is not in
15    compliance with the provisions of subsection (a) of this
16    Section.
17        (2) The Secretary of State shall cancel a school bus
18    driver permit when he or she receives notice that the
19    permit holder fails to comply with any provision of this
20    Section or any rule promulgated for the administration of
21    this Section.
22        (3) The Secretary of State shall cancel a school bus
23    driver permit if the permit holder's restricted commercial
24    or commercial driving privileges are withdrawn or
25    otherwise invalidated.
26        (4) The Secretary of State may not issue a school bus

 

 

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1    driver permit for a period of 3 years to an applicant who
2    fails to obtain a negative result on a drug test as
3    required in item 6 of subsection (a) of this Section or
4    under federal law.
5        (5) The Secretary of State shall forthwith suspend a
6    school bus driver permit for a period of 3 years upon
7    receiving notice that the holder has failed to obtain a
8    negative result on a drug test as required in item 6 of
9    subsection (a) of this Section or under federal law.
10        (6) The Secretary of State shall suspend a school bus
11    driver permit for a period of 3 years upon receiving
12    notice from the employer that the holder failed to perform
13    the inspection procedure set forth in subsection (a) or
14    (b) of Section 12-816 of this Code.
15        (7) The Secretary of State shall suspend a school bus
16    driver permit for a period of 3 years upon receiving
17    notice from the employer that the holder refused to submit
18    to an alcohol or drug test as required by Section 6-106.1c
19    or has submitted to a test required by that Section which
20    disclosed an alcohol concentration of more than 0.00 or
21    disclosed a positive result on a National Institute on
22    Drug Abuse five-drug panel, utilizing federal standards
23    set forth in 49 CFR 40.87.
24    The Secretary of State shall notify the State
25Superintendent of Education and the permit holder's
26prospective or current employer that the applicant has (1) has

 

 

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1failed a criminal background investigation or (2) is no longer
2eligible for a school bus driver permit; and of the related
3cancellation of the applicant's provisional school bus driver
4permit. The cancellation shall remain in effect pending the
5outcome of a hearing pursuant to Section 2-118 of this Code.
6The scope of the hearing shall be limited to the issuance
7criteria contained in subsection (a) of this Section. A
8petition requesting a hearing shall be submitted to the
9Secretary of State and shall contain the reason the individual
10feels he or she is entitled to a school bus driver permit. The
11permit holder's employer shall notify in writing to the
12Secretary of State that the employer has certified the removal
13of the offending school bus driver from service prior to the
14start of that school bus driver's next workshift. An employing
15school board that fails to remove the offending school bus
16driver from service is subject to the penalties defined in
17Section 3-14.23 of the School Code. A school bus contractor
18who violates a provision of this Section is subject to the
19penalties defined in Section 6-106.11.
20    All valid school bus driver permits issued under this
21Section prior to January 1, 1995, shall remain effective until
22their expiration date unless otherwise invalidated.
23    (h) When a school bus driver permit holder who is a service
24member is called to active duty, the employer of the permit
25holder shall notify the Secretary of State, within 30 days of
26notification from the permit holder, that the permit holder

 

 

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1has been called to active duty. Upon notification pursuant to
2this subsection, (i) the Secretary of State shall characterize
3the permit as inactive until a permit holder renews the permit
4as provided in subsection (i) of this Section, and (ii) if a
5permit holder fails to comply with the requirements of this
6Section while called to active duty, the Secretary of State
7shall not characterize the permit as invalid.
8    (i) A school bus driver permit holder who is a service
9member returning from active duty must, within 90 days, renew
10a permit characterized as inactive pursuant to subsection (h)
11of this Section by complying with the renewal requirements of
12subsection (b) of this Section.
13    (j) For purposes of subsections (h) and (i) of this
14Section:
15    "Active duty" means active duty pursuant to an executive
16order of the President of the United States, an act of the
17Congress of the United States, or an order of the Governor.
18    "Service member" means a member of the Armed Services or
19reserve forces of the United States or a member of the Illinois
20National Guard.
21    (k) A private carrier employer of a school bus driver
22permit holder, having satisfied the employer requirements of
23this Section, shall be held to a standard of ordinary care for
24intentional acts committed in the course of employment by the
25bus driver permit holder. This subsection (k) shall in no way
26limit the liability of the private carrier employer for

 

 

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1violation of any provision of this Section or for the
2negligent hiring or retention of a school bus driver permit
3holder.
4(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
 
5    (625 ILCS 5/6-205)
6    Sec. 6-205. Mandatory revocation of license or permit;
7hardship cases.
8    (a) Except as provided in this Section, the Secretary of
9State shall immediately revoke the license, permit, or driving
10privileges of any driver upon receiving a report of the
11driver's conviction of any of the following offenses:
12        1. Reckless homicide resulting from the operation of a
13    motor vehicle;
14        2. Violation of Section 11-501 of this Code or a
15    similar provision of a local ordinance relating to the
16    offense of operating or being in physical control of a
17    vehicle while under the influence of alcohol, other drug
18    or drugs, intoxicating compound or compounds, or any
19    combination thereof;
20        3. Any felony under the laws of any State or the
21    federal government in the commission of which a motor
22    vehicle was used;
23        4. Violation of Section 11-401 of this Code relating
24    to the offense of leaving the scene of a traffic accident
25    involving death or personal injury;

 

 

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

 

 

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

 

 

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1    Substances Act, any cannabis prohibited under the Cannabis
2    Control Act, or any methamphetamine prohibited under the
3    Methamphetamine Control and Community Protection Act. A
4    defendant found guilty of this offense while operating a
5    motor vehicle shall have an entry made in the court record
6    by the presiding judge that this offense did occur while
7    the defendant was operating a motor vehicle and order the
8    clerk of the court to report the violation to the
9    Secretary of State;
10        19. Violation of subsection (a) of Section 11-1414 of
11    this Code, or a similar provision of a local ordinance,
12    relating to the offense of overtaking or passing of a
13    school bus when the driver, in committing the violation,
14    is involved in a motor vehicle accident that results in
15    death to another and the violation is a proximate cause of
16    the death.
17    (b) The Secretary of State shall also immediately revoke
18the license or permit of any driver in the following
19situations:
20        1. Of any minor upon receiving the notice provided for
21    in Section 5-901 of the Juvenile Court Act of 1987 that the
22    minor has been adjudicated under that Act as having
23    committed an offense relating to motor vehicles prescribed
24    in Section 4-103 of this Code;
25        2. Of any person when any other law of this State
26    requires either the revocation or suspension of a license

 

 

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

 

 

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

 

 

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1    Methamphetamine Control and Community Protection Act; and
2        (B) the successful completion of any rehabilitative
3    treatment and involvement in any ongoing rehabilitative
4    activity that may be recommended by a properly licensed
5    service provider according to an assessment of the
6    person's alcohol or drug use under Section 11-501.01 of
7    this Code.
8    In determining whether an applicant is eligible for a
9restricted driving permit under this paragraph (1.5), the
10Secretary may consider any relevant evidence, including, but
11not limited to, testimony, affidavits, records, and the
12results of regular alcohol or drug tests. Persons subject to
13the provisions of paragraph 4 of subsection (b) of Section
146-208 of this Code and who have been convicted of more than one
15violation of paragraph (3), paragraph (4), or paragraph (5) of
16subsection (a) of Section 11-501 of this Code shall not be
17eligible to apply for a restricted driving permit.
18    A restricted driving permit issued under this paragraph
19(1.5) shall provide that the holder may only operate motor
20vehicles equipped with an ignition interlock device as
21required under paragraph (2) of subsection (c) of this Section
22and subparagraph (A) of paragraph 3 of subsection (c) of
23Section 6-206 of this Code. The Secretary may revoke a
24restricted driving permit or amend the conditions of a
25restricted driving permit issued under this paragraph (1.5) if
26the holder operates a vehicle that is not equipped with an

 

 

SB0698- 30 -LRB102 10213 HEP 15536 b

1ignition interlock device, or for any other reason authorized
2under this Code.
3    A restricted driving permit issued under this paragraph
4(1.5) shall be revoked, and the holder barred from applying
5for or being issued a restricted driving permit in the future,
6if the holder is subsequently convicted of a violation of
7Section 11-501 of this Code, a similar provision of a local
8ordinance, or a similar offense in another state.
9    (2) If a person's license or permit is revoked or
10suspended due to 2 or more convictions of violating Section
1111-501 of this Code or a similar provision of a local ordinance
12or a similar out-of-state offense, or Section 9-3 of the
13Criminal Code of 1961 or the Criminal Code of 2012, where the
14use of alcohol or other drugs is recited as an element of the
15offense, or a similar out-of-state offense, or a combination
16of these offenses, arising out of separate occurrences, that
17person, if issued a restricted driving permit, may not operate
18a vehicle unless it has been equipped with an ignition
19interlock device as defined in Section 1-129.1.
20    (3) If:
21        (A) a person's license or permit is revoked or
22    suspended 2 or more times due to any combination of:
23            (i) a single conviction of violating Section
24        11-501 of this Code or a similar provision of a local
25        ordinance or a similar out-of-state offense, or
26        Section 9-3 of the Criminal Code of 1961 or the

 

 

SB0698- 31 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 32 -LRB102 10213 HEP 15536 b

1vehicle owned or leased by that person's employer when used
2solely for employment purposes. For any person who, within a
35-year period, is convicted of a second or subsequent offense
4under Section 11-501 of this Code, or a similar provision of a
5local ordinance or similar out-of-state offense, this
6employment exemption does not apply until either a one-year
7period has elapsed during which that person had his or her
8driving privileges revoked or a one-year period has elapsed
9during which that person had a restricted driving permit which
10required the use of an ignition interlock device on every
11motor vehicle owned or operated by that person.
12    (6) In each case the Secretary of State may issue a
13restricted driving permit for a period he deems appropriate,
14except that the permit shall expire no later than 2 years from
15the date of issuance. A restricted driving permit issued under
16this Section shall be subject to cancellation, revocation, and
17suspension by the Secretary of State in like manner and for
18like cause as a driver's license issued under this Code may be
19cancelled, revoked, or suspended; except that a conviction
20upon one or more offenses against laws or ordinances
21regulating the movement of traffic shall be deemed sufficient
22cause for the revocation, suspension, or cancellation of a
23restricted driving permit. The Secretary of State may, as a
24condition to the issuance of a restricted driving permit,
25require the petitioner to participate in a designated driver
26remedial or rehabilitative program. The Secretary of State is

 

 

SB0698- 33 -LRB102 10213 HEP 15536 b

1authorized to cancel a restricted driving permit if the permit
2holder does not successfully complete the program. However, if
3an individual's driving privileges have been revoked in
4accordance with paragraph 13 of subsection (a) of this
5Section, no restricted driving permit shall be issued until
6the individual has served 6 months of the revocation period.
7    (c-5) (Blank).
8    (c-6) If a person is convicted of a second violation of
9operating a motor vehicle while the person's driver's license,
10permit or privilege was revoked, where the revocation was for
11a violation of Section 9-3 of the Criminal Code of 1961 or the
12Criminal Code of 2012 relating to the offense of reckless
13homicide or a similar out-of-state offense, the person's
14driving privileges shall be revoked pursuant to subdivision
15(a)(15) of this Section. The person may not make application
16for a license or permit until the expiration of five years from
17the effective date of the revocation or the expiration of five
18years from the date of release from a term of imprisonment,
19whichever is later.
20    (c-7) If a person is convicted of a third or subsequent
21violation of operating a motor vehicle while the person's
22driver's license, permit or privilege was revoked, where the
23revocation was for a violation of Section 9-3 of the Criminal
24Code of 1961 or the Criminal Code of 2012 relating to the
25offense of reckless homicide or a similar out-of-state
26offense, the person may never apply for a license or permit.

 

 

SB0698- 34 -LRB102 10213 HEP 15536 b

1    (d)(1) Whenever a person under the age of 21 is convicted
2under Section 11-501 of this Code or a similar provision of a
3local ordinance or a similar out-of-state offense, the
4Secretary of State shall revoke the driving privileges of that
5person. One year after the date of revocation, and upon
6application, the Secretary of State may, if satisfied that the
7person applying will not endanger the public safety or
8welfare, issue a restricted driving permit granting the
9privilege of driving a motor vehicle only between the hours of
105 a.m. and 9 p.m. or as otherwise provided by this Section for
11a period of one year. After this one-year period, and upon
12reapplication for a license as provided in Section 6-106, upon
13payment of the appropriate reinstatement fee provided under
14paragraph (b) of Section 6-118, the Secretary of State, in his
15discretion, may reinstate the petitioner's driver's license
16and driving privileges, or extend the restricted driving
17permit as many times as the Secretary of State deems
18appropriate, by additional periods of not more than 24 months
19each.
20        (2) If a person's license or permit is revoked or
21    suspended due to 2 or more convictions of violating
22    Section 11-501 of this Code or a similar provision of a
23    local ordinance or a similar out-of-state offense, or
24    Section 9-3 of the Criminal Code of 1961 or the Criminal
25    Code of 2012, where the use of alcohol or other drugs is
26    recited as an element of the offense, or a similar

 

 

SB0698- 35 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 36 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 37 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 38 -LRB102 10213 HEP 15536 b

1this Code.
2    (h) The Secretary of State shall require the use of
3ignition interlock devices for a period not less than 5 years
4on all vehicles owned by a person who has been convicted of a
5second or subsequent offense under Section 11-501 of this Code
6or a similar provision of a local ordinance. The person must
7pay to the Secretary of State DUI Administration Fund an
8amount not to exceed $30 for each month that he or she uses the
9device. The Secretary shall establish by rule and regulation
10the procedures for certification and use of the interlock
11system, the amount of the fee, and the procedures, terms, and
12conditions relating to these fees. During the time period in
13which a person is required to install an ignition interlock
14device under this subsection (h), that person shall only
15operate vehicles in which ignition interlock devices have been
16installed, except as allowed by subdivision (c)(5) or (d)(5)
17of this Section. Regardless of whether an exemption under
18subdivision (c) (5) or (d) (5) applies, every person subject
19to this subsection shall not be eligible for reinstatement
20until the person installs an ignition interlock device and
21maintains the ignition interlock device for 5 years.
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,

 

 

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1cancelled, or disqualified under any provisions of this Code.
2    (k) The Secretary of State shall notify by mail any person
3whose driving privileges have been revoked under paragraph 16
4of subsection (a) of this Section that his or her driving
5privileges and driver's license will be revoked 90 days from
6the date of the mailing of the notice.
7(Source: P.A. 100-223, eff. 8-18-17; 100-803, eff. 1-1-19;
8101-623, eff. 7-1-20.)
 
9    (625 ILCS 5/6-206)
10    (Text of Section before amendment by P.A. 101-90, 101-470,
11and 101-623)
12    Sec. 6-206. Discretionary authority to suspend or revoke
13license or permit; right to a hearing.
14    (a) The Secretary of State is authorized to suspend or
15revoke the driving privileges of any person without
16preliminary hearing upon a showing of the person's records or
17other sufficient evidence that the person:
18        1. Has committed an offense for which mandatory
19    revocation of a driver's license or permit is required
20    upon conviction;
21        2. Has been convicted of not less than 3 offenses
22    against traffic regulations governing the movement of
23    vehicles committed within any 12-month 12 month period. No
24    revocation or suspension shall be entered more than 6
25    months after the date of last conviction;

 

 

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

 

 

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

 

 

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1    was invalid under the provisions of Sections 6-107.1 and
2    6-110;
3        14. Has committed a violation of Section 6-301,
4    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
5    14B of the Illinois Identification Card Act;
6        15. Has been convicted of violating Section 21-2 of
7    the Criminal Code of 1961 or the Criminal Code of 2012
8    relating to criminal trespass to vehicles in which case,
9    the suspension shall be for one year;
10        16. Has been convicted of violating Section 11-204 of
11    this Code relating to fleeing from a peace officer;
12        17. Has refused to submit to a test, or tests, as
13    required under Section 11-501.1 of this Code and the
14    person has not sought a hearing as provided for in Section
15    11-501.1;
16        18. Has, since issuance of a driver's license or
17    permit, been adjudged to be afflicted with or suffering
18    from any mental disability or disease;
19        19. Has committed a violation of paragraph (a) or (b)
20    of Section 6-101 relating to driving without a driver's
21    license;
22        20. Has been convicted of violating Section 6-104
23    relating to classification of driver's license;
24        21. Has been convicted of violating Section 11-402 of
25    this Code relating to leaving the scene of an accident
26    resulting in damage to a vehicle in excess of $1,000, in

 

 

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1    which case the suspension shall be for one year;
2        22. Has used a motor vehicle in violating paragraph
3    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
4    the Criminal Code of 1961 or the Criminal Code of 2012
5    relating to unlawful use of weapons, in which case the
6    suspension shall be for one year;
7        23. Has, as a driver, been convicted of committing a
8    violation of paragraph (a) of Section 11-502 of this Code
9    for a second or subsequent time within one year of a
10    similar violation;
11        24. Has been convicted by a court-martial or punished
12    by non-judicial punishment by military authorities of the
13    United States at a military installation in Illinois or in
14    another state of or for a traffic-related traffic related
15    offense that is the same as or similar to an offense
16    specified under Section 6-205 or 6-206 of this Code;
17        25. Has permitted any form of identification to be
18    used by another in the application process in order to
19    obtain or attempt to obtain a license, identification
20    card, or permit;
21        26. Has altered or attempted to alter a license or has
22    possessed an altered license, identification card, or
23    permit;
24        27. Has violated Section 6-16 of the Liquor Control
25    Act of 1934;
26        28. Has been convicted for a first time of the illegal

 

 

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1    possession, while operating or in actual physical control,
2    as a driver, of a motor vehicle, of any controlled
3    substance prohibited under the Illinois Controlled
4    Substances Act, any cannabis prohibited under the Cannabis
5    Control Act, or any methamphetamine prohibited under the
6    Methamphetamine Control and Community Protection Act, in
7    which case the person's driving privileges shall be
8    suspended for one year. Any defendant found guilty of this
9    offense while operating a motor vehicle, shall have an
10    entry made in the court record by the presiding judge that
11    this offense did occur while the defendant was operating a
12    motor vehicle and order the clerk of the court to report
13    the violation to the Secretary of State;
14        29. Has been convicted of the following offenses that
15    were committed while the person was operating or in actual
16    physical control, as a driver, of a motor vehicle:
17    criminal sexual assault, predatory criminal sexual assault
18    of a child, aggravated criminal sexual assault, criminal
19    sexual abuse, aggravated criminal sexual abuse, juvenile
20    pimping, soliciting for a juvenile prostitute, promoting
21    juvenile prostitution as described in subdivision (a)(1),
22    (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
23    of 1961 or the Criminal Code of 2012, and the manufacture,
24    sale or delivery of controlled substances or instruments
25    used for illegal drug use or abuse in which case the
26    driver's driving privileges shall be suspended for one

 

 

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

 

 

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

 

 

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1    which case the suspension shall be for 90 days;
2        42. Has committed a violation of subsection (a-1) of
3    Section 11-1301.3 of this Code or a similar provision of a
4    local ordinance;
5        43. Has received a disposition of court supervision
6    for a violation of subsection (a), (d), or (e) of Section
7    6-20 of the Liquor Control Act of 1934 or a similar
8    provision of a local ordinance, in which case the
9    suspension shall be for a period of 3 months;
10        44. Is under the age of 21 years at the time of arrest
11    and has been convicted of an offense against traffic
12    regulations governing the movement of vehicles after
13    having previously had his or her driving privileges
14    suspended or revoked pursuant to subparagraph 36 of this
15    Section;
16        45. Has, in connection with or during the course of a
17    formal hearing conducted under Section 2-118 of this Code:
18    (i) committed perjury; (ii) submitted fraudulent or
19    falsified documents; (iii) submitted documents that have
20    been materially altered; or (iv) submitted, as his or her
21    own, documents that were in fact prepared or composed for
22    another person;
23        46. Has committed a violation of subsection (j) of
24    Section 3-413 of this Code;
25        47. Has committed a violation of Section 11-502.1 of
26    this Code; or

 

 

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

 

 

SB0698- 49 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 50 -LRB102 10213 HEP 15536 b

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

 

 

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

 

 

SB0698- 52 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 53 -LRB102 10213 HEP 15536 b

1    employment purposes, then the prohibition against
2    operating a motor vehicle that is not equipped with an
3    ignition interlock device does not apply to the operation
4    of an occupational vehicle owned or leased by that
5    person's employer when used solely for employment
6    purposes. For any person who, within a 5-year period, is
7    convicted of a second or subsequent offense under Section
8    11-501 of this Code, or a similar provision of a local
9    ordinance or similar out-of-state offense, this employment
10    exemption does not apply until either a one-year period
11    has elapsed during which that person had his or her
12    driving privileges revoked or a one-year period has
13    elapsed during which that person had a restricted driving
14    permit which required the use of an ignition interlock
15    device on every motor vehicle owned or operated by that
16    person.
17        (E) In each case the Secretary may issue a restricted
18    driving permit for a period deemed appropriate, except
19    that all permits shall expire no later than 2 years from
20    the date of issuance. A restricted driving permit issued
21    under this Section shall be subject to cancellation,
22    revocation, and suspension by the Secretary of State in
23    like manner and for like cause as a driver's license
24    issued under this Code may be cancelled, revoked, or
25    suspended; except that a conviction upon one or more
26    offenses against laws or ordinances regulating the

 

 

SB0698- 54 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 55 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 56 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 57 -LRB102 10213 HEP 15536 b

1license will be suspended one month after the date of the
2mailing of the notice.
3    (c-5) The Secretary of State may, as a condition of the
4reissuance of a driver's license or permit to an applicant
5whose driver's license or permit has been suspended before he
6or she reached the age of 21 years pursuant to any of the
7provisions of this Section, require the applicant to
8participate in a driver remedial education course and be
9retested under Section 6-109 of this Code.
10    (d) This Section is subject to the provisions of the
11Driver Drivers License Compact.
12    (e) The Secretary of State shall not issue a restricted
13driving permit to a person under the age of 16 years whose
14driving privileges have been suspended or revoked under any
15provisions of this Code.
16    (f) 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 suspended, revoked,
20cancelled, or disqualified under any provisions of this Code.
21(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
2299-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff.
237-22-16; 99-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
 
24    (Text of Section after amendment by P.A. 101-90, 101-470,
25and 101-623)

 

 

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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
5preliminary hearing upon a showing of the person's records or
6other sufficient evidence that the person:
7        1. Has committed an offense for which mandatory
8    revocation of a driver's license or permit is required
9    upon 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 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
18    under 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

 

 

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1    this State when the person's driving privilege or
2    privilege to obtain a driver's license or permit was
3    revoked or suspended unless the operation was authorized
4    by a monitoring device driving permit, judicial driving
5    permit issued prior to January 1, 2009, probationary
6    license to drive, or a restricted driving permit issued
7    under this 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
14    this State when the person's driver's license or permit
15    was invalid under the provisions of Sections 6-107.1 and
16    6-110;
17        14. Has committed a violation of Section 6-301,
18    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
19    14B of the Illinois Identification Card Act;
20        15. Has been convicted of violating Section 21-2 of
21    the Criminal Code of 1961 or the Criminal Code of 2012
22    relating to criminal trespass to vehicles if the person
23    exercised actual physical control over the vehicle during
24    the commission of the offense, in which case the
25    suspension shall be for one year;
26        16. Has been convicted of violating Section 11-204 of

 

 

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1    this Code relating to fleeing from a peace officer;
2        17. Has refused to submit to a test, or tests, as
3    required under Section 11-501.1 of this Code and the
4    person has not sought a hearing as provided for in Section
5    11-501.1;
6        18. (Blank);
7        19. Has committed a violation of paragraph (a) or (b)
8    of Section 6-101 relating to driving without a driver's
9    license;
10        20. Has been convicted of violating Section 6-104
11    relating to classification of driver's license;
12        21. Has been convicted of violating Section 11-402 of
13    this Code relating to leaving the scene of an accident
14    resulting in damage to a vehicle in excess of $1,000, in
15    which case the suspension shall be for one year;
16        22. Has used a motor vehicle in violating paragraph
17    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
18    the Criminal Code of 1961 or the Criminal Code of 2012
19    relating to unlawful use of weapons, in which case the
20    suspension shall be for one year;
21        23. Has, as a driver, been convicted of committing a
22    violation of paragraph (a) of Section 11-502 of this Code
23    for a second or subsequent time within one year of a
24    similar violation;
25        24. Has been convicted by a court-martial or punished
26    by non-judicial punishment by military authorities of the

 

 

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1    United States at a military installation in Illinois or in
2    another state of or for a traffic-related traffic related
3    offense that is the same as or similar to an offense
4    specified under Section 6-205 or 6-206 of this Code;
5        25. Has permitted any form of identification to be
6    used by another in the application process in order to
7    obtain or attempt to obtain a license, identification
8    card, or permit;
9        26. Has altered or attempted to alter a license or has
10    possessed an altered license, identification card, or
11    permit;
12        27. (Blank);
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:
4    criminal sexual assault, predatory criminal sexual assault
5    of a child, aggravated criminal sexual assault, criminal
6    sexual abuse, aggravated criminal sexual abuse, juvenile
7    pimping, soliciting for a juvenile prostitute, promoting
8    juvenile prostitution as described in subdivision (a)(1),
9    (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
10    of 1961 or the Criminal Code of 2012, and the manufacture,
11    sale or delivery of controlled substances or instruments
12    used for illegal drug use or abuse in which case the
13    driver's driving privileges shall be suspended for one
14    year;
15        30. Has been convicted a second or subsequent time for
16    any combination of the offenses named in paragraph 29 of
17    this subsection, in which case the person's driving
18    privileges shall be suspended for 5 years;
19        31. Has refused to submit to a test as required by
20    Section 11-501.6 of this Code or Section 5-16c of the Boat
21    Registration and Safety Act or has submitted to a test
22    resulting in an alcohol concentration of 0.08 or more or
23    any amount of a drug, substance, or compound resulting
24    from the unlawful use or consumption of cannabis as listed
25    in the Cannabis Control Act, a controlled substance as
26    listed in the Illinois Controlled Substances Act, an

 

 

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

 

 

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1    Section 11-907 of this Code that resulted in damage to the
2    property of another or the death or injury of another;
3        38. Has been convicted of a violation of Section 6-20
4    of the Liquor Control Act of 1934 or a similar provision of
5    a local ordinance and the person was an occupant of a motor
6    vehicle at the time of the violation;
7        39. Has committed a second or subsequent violation of
8    Section 11-1201 of this Code;
9        40. Has committed a violation of subsection (a-1) of
10    Section 11-908 of this Code;
11        41. Has committed a second or subsequent violation of
12    Section 11-605.1 of this Code, a similar provision of a
13    local ordinance, or a similar violation in any other state
14    within 2 years of the date of the previous violation, in
15    which case the suspension shall be for 90 days;
16        42. Has committed a violation of subsection (a-1) of
17    Section 11-1301.3 of this Code or a similar provision of a
18    local ordinance;
19        43. Has received a disposition of court supervision
20    for a violation of subsection (a), (d), or (e) of Section
21    6-20 of the Liquor Control Act of 1934 or a similar
22    provision of a local ordinance and the person was an
23    occupant of a motor vehicle at the time of the violation,
24    in which case the suspension shall be for a period of 3
25    months;
26        44. Is under the age of 21 years at the time of arrest

 

 

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1    and has been convicted of an offense against traffic
2    regulations governing the movement of vehicles after
3    having previously had his or her driving privileges
4    suspended or revoked pursuant to subparagraph 36 of this
5    Section;
6        45. Has, in connection with or during the course of a
7    formal hearing conducted under Section 2-118 of this Code:
8    (i) committed perjury; (ii) submitted fraudulent or
9    falsified documents; (iii) submitted documents that have
10    been materially altered; or (iv) submitted, as his or her
11    own, documents that were in fact prepared or composed for
12    another person;
13        46. Has committed a violation of subsection (j) of
14    Section 3-413 of this Code;
15        47. Has committed a violation of subsection (a) of
16    Section 11-502.1 of this Code;
17        48. Has submitted a falsified or altered medical
18    examiner's certificate to the Secretary of State or
19    provided false information to obtain a medical examiner's
20    certificate; or
21        49. Has been convicted of a violation of Section
22    11-1002 or 11-1002.5 that resulted in a Type A injury to
23    another, in which case the driving privileges of the
24    person shall be suspended for 12 months; or
25        50. Has committed a violation of subsection (b-5) of
26    Section 12-610.2 that resulted in great bodily harm,

 

 

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1    permanent disability, or disfigurement, in which case the
2    driving privileges of the person shall be suspended for 12
3    months.
4        49. Has committed a violation of subsection (b-5) of
5    Section 12-610.2 that resulted in great bodily harm,
6    permanent disability, or disfigurement, in which case the
7    driving privileges shall be suspended for 12 months.
8        49. Has been convicted of a violation of Section
9    11-1002 or 11-1002.5 that resulted in a Type A injury to
10    another, in which case the person's driving privileges
11    shall be suspended for 12 months.
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
15is deposited 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,
23provided that a certified copy of a stay order of a court is
24filed with the Secretary of State. If the conviction is
25affirmed on appeal, the date of the conviction shall relate
26back to the time the original judgment of conviction was

 

 

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

 

 

SB0698- 69 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 70 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 71 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 72 -LRB102 10213 HEP 15536 b

1        (C) The person issued a permit conditioned upon the
2    use of an ignition interlock device must pay to the
3    Secretary of State DUI Administration Fund an amount not
4    to exceed $30 per month. The Secretary shall establish by
5    rule the amount and the procedures, terms, and conditions
6    relating to these fees.
7        (D) If the restricted driving permit is issued for
8    employment purposes, then the prohibition against
9    operating a motor vehicle that is not equipped with an
10    ignition interlock device does not apply to the operation
11    of an occupational vehicle owned or leased by that
12    person's employer when used solely for employment
13    purposes. For any person who, within a 5-year period, is
14    convicted of a second or subsequent offense under Section
15    11-501 of this Code, or a similar provision of a local
16    ordinance or similar out-of-state offense, this employment
17    exemption does not apply until either a one-year period
18    has elapsed during which that person had his or her
19    driving privileges revoked or a one-year period has
20    elapsed during which that person had a restricted driving
21    permit which required the use of an ignition interlock
22    device on every motor vehicle owned or operated by that
23    person.
24        (E) In each case the Secretary may issue a restricted
25    driving permit for a period deemed appropriate, except
26    that all permits shall expire no later than 2 years from

 

 

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

 

 

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

 

 

SB0698- 75 -LRB102 10213 HEP 15536 b

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

 

 

SB0698- 76 -LRB102 10213 HEP 15536 b

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

 

 

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1cancelled, or disqualified under any provisions of this Code.
2(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
3101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-21-20.)
 
4    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
5    Sec. 6-508. Commercial Driver's License (CDL) -
6qualification standards.
7    (a) Testing.
8        (1) General. No person shall be issued an original or
9    renewal CDL unless that person is domiciled in this State
10    or is applying for a non-domiciled CDL under Sections
11    6-509 and 6-510 of this Code. The Secretary shall cause to
12    be administered such tests as the Secretary deems
13    necessary to meet the requirements of 49 C.F.R. Part 383,
14    subparts F, G, H, and J.
15        (1.5) Effective July 1, 2014, no person shall be
16    issued an original CDL or an upgraded CDL that requires a
17    skills test unless that person has held a CLP, for a
18    minimum of 14 calendar days, for the classification of
19    vehicle and endorsement, if any, for which the person is
20    seeking a CDL.
21        (2) Third party testing. The Secretary of State may
22    authorize a "third party tester", pursuant to 49 C.F.R.
23    383.75 and 49 C.F.R. 384.228 and 384.229, to administer
24    the skills test or tests specified by the Federal Motor
25    Carrier Safety Administration pursuant to the Commercial

 

 

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1    Motor Vehicle Safety Act of 1986 and any appropriate
2    federal rule.
3        (3)(i) Effective February 7, 2020, unless the person
4    is exempted by 49 CFR 380.603, no person shall be issued an
5    original (first time issuance) CDL, an upgraded CDL or a
6    school bus (S), passenger (P), or hazardous Materials (H)
7    endorsement unless the person has successfully completed
8    entry-level driver training (ELDT) taught by a training
9    provider listed on the federal Training Provider Registry.
10        (ii) Persons who obtain a CLP before February 7, 2020
11    are not required to complete ELDT if the person obtains a
12    CDL before the CLP or renewed CLP expires.
13        (iii) Except for persons seeking the H endorsement,
14    persons must complete the theory and behind-the-wheel
15    (range and public road) portions of ELDT within one year
16    of completing the first portion.
17        (iv) The Secretary shall adopt rules to implement this
18    subsection.
19    (b) Waiver of Skills Test. The Secretary of State may
20waive the skills test specified in this Section for a driver
21applicant for a commercial driver license who meets the
22requirements of 49 C.F.R. 383.77. The Secretary of State shall
23waive the skills tests specified in this Section for a driver
24applicant who has military commercial motor vehicle
25experience, subject to the requirements of 49 C.F.R. 383.77.
26    (b-1) No person shall be issued a CDL unless the person

 

 

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1certifies to the Secretary one of the following types of
2driving operations in which he or she will be engaged:
3        (1) non-excepted interstate;
4        (2) non-excepted intrastate;
5        (3) excepted interstate; or
6        (4) excepted intrastate.
7    (b-2) (Blank).
8    (c) Limitations on issuance of a CDL. A CDL shall not be
9issued to a person while the person is subject to a
10disqualification from driving a commercial motor vehicle, or
11unless otherwise permitted by this Code, while the person's
12driver's license is suspended, revoked or cancelled in any
13state, or any territory or province of Canada; nor may a CLP or
14CDL be issued to a person who has a CLP or CDL issued by any
15other state, or foreign jurisdiction, nor may a CDL be issued
16to a person who has an Illinois CLP unless the person first
17surrenders all of these licenses or permits. However, a person
18may hold an Illinois CLP and an Illinois CDL providing the CLP
19is necessary to train or practice for an endorsement or
20vehicle classification not present on the current CDL. No CDL
21shall be issued to or renewed for a person who does not meet
22the requirement of 49 CFR 391.41(b)(11). The requirement may
23be met with the aid of a hearing aid.
24    (c-1) The Secretary may issue a CDL with a school bus
25driver endorsement to allow a person to drive the type of bus
26described in subsection (d-5) of Section 6-104 of this Code.

 

 

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1The CDL with a school bus driver endorsement may be issued only
2to a person meeting the following requirements:
3        (1) the person has submitted his or her fingerprints
4    to the Department of State Police in the form and manner
5    prescribed by the Department of State Police. These
6    fingerprints shall be checked against the fingerprint
7    records now and hereafter filed in the Department of State
8    Police and Federal Bureau of Investigation criminal
9    history records databases;
10        (2) the person has passed a written test, administered
11    by the Secretary of State, on charter bus operation,
12    charter bus safety, and certain special traffic laws
13    relating to school buses determined by the Secretary of
14    State to be relevant to charter buses, and submitted to a
15    review of the driver applicant's driving habits by the
16    Secretary of State at the time the written test is given;
17        (3) the person has demonstrated physical fitness to
18    operate school buses by submitting the results of a
19    medical examination, including tests for drug use; and
20        (4) the person has not been convicted of committing or
21    attempting to commit any one or more of the following
22    offenses: (i) those offenses defined in Sections 8-1.2,
23    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
24    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
25    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
26    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,

 

 

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1    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
2    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
3    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
4    11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
5    12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
6    12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4,
7    12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
8    12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20,
9    12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
10    18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
11    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
12    24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1,
13    and in subsection (b) of Section 8-1, and in subdivisions
14    (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4),
15    and (f)(1) of Section 12-3.05, and in subsection (a) and
16    subsection (b), clause (1), of Section 12-4, and in
17    subsection (A), clauses (a) and (b), of Section 24-3, and
18    those offenses contained in Article 29D of the Criminal
19    Code of 1961 or the Criminal Code of 2012; (ii) those
20    offenses defined in the Cannabis Control Act except those
21    offenses defined in subsections (a) and (b) of Section 4,
22    and subsection (a) of Section 5 of the Cannabis Control
23    Act; (iii) those offenses defined in the Illinois
24    Controlled Substances Act; (iv) those offenses defined in
25    the Methamphetamine Control and Community Protection Act;
26    (v) any offense committed or attempted in any other state

 

 

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1    or against the laws of the United States, which if
2    committed or attempted in this State would be punishable
3    as one or more of the foregoing offenses; (vi) the
4    offenses defined in Sections 4.1 and 5.1 of the Wrongs to
5    Children Act or Section 11-9.1A of the Criminal Code of
6    1961 or the Criminal Code of 2012; (vii) those offenses
7    defined in Section 6-16 of the Liquor Control Act of 1934
8    within the last 20 years before the date of the
9    application; and (viii) those offenses defined in the
10    Methamphetamine Precursor Control Act.
11    The Department of State Police shall charge a fee for
12conducting the criminal history records check, which shall be
13deposited into the State Police Services Fund and may not
14exceed the actual cost of the records check.
15    (c-2) The Secretary shall issue a CDL with a school bus
16endorsement to allow a person to drive a school bus as defined
17in this Section. The CDL shall be issued according to the
18requirements outlined in 49 C.F.R. 383. A person may not
19operate a school bus as defined in this Section without a
20school bus endorsement. The Secretary of State may adopt rules
21consistent with Federal guidelines to implement this
22subsection (c-2).
23    (d) (Blank).
24(Source: P.A. 101-185, eff. 1-1-20.)
 
25    Section 15. The Unified Code of Corrections is amended by

 

 

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1changing Section 5-6-3.1 as follows:
 
2    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
3    Sec. 5-6-3.1. Incidents and conditions of supervision.
4    (a) When a defendant is placed on supervision, the court
5shall enter an order for supervision specifying the period of
6such supervision, and shall defer further proceedings in the
7case until the conclusion of the period.
8    (b) The period of supervision shall be reasonable under
9all of the circumstances of the case, but may not be longer
10than 2 years, unless the defendant has failed to pay the
11assessment required by Section 10.3 of the Cannabis Control
12Act, Section 411.2 of the Illinois Controlled Substances Act,
13or Section 80 of the Methamphetamine Control and Community
14Protection Act, in which case the court may extend supervision
15beyond 2 years. Additionally, the court shall order the
16defendant to perform no less than 30 hours of community
17service and not more than 120 hours of community service, if
18community service is available in the jurisdiction and is
19funded and approved by the county board where the offense was
20committed, when the offense (1) was related to or in
21furtherance of the criminal activities of an organized gang or
22was motivated by the defendant's membership in or allegiance
23to an organized gang; or (2) is a violation of any Section of
24Article 24 of the Criminal Code of 1961 or the Criminal Code of
252012 where a disposition of supervision is not prohibited by

 

 

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1Section 5-6-1 of this Code. The community service shall
2include, but not be limited to, the cleanup and repair of any
3damage caused by violation of Section 21-1.3 of the Criminal
4Code of 1961 or the Criminal Code of 2012 and similar damages
5to property located within the municipality or county in which
6the violation occurred. Where possible and reasonable, the
7community service should be performed in the offender's
8neighborhood.
9    For the purposes of this Section, "organized gang" has the
10meaning ascribed to it in Section 10 of the Illinois
11Streetgang Terrorism Omnibus Prevention Act.
12    (c) The court may in addition to other reasonable
13conditions relating to the nature of the offense or the
14rehabilitation of the defendant as determined for each
15defendant in the proper discretion of the court require that
16the person:
17        (1) make a report to and appear in person before or
18    participate with the court or such courts, person, or
19    social service agency as directed by the court in the
20    order of supervision;
21        (2) pay a fine and costs;
22        (3) work or pursue a course of study or vocational
23    training;
24        (4) undergo medical, psychological or psychiatric
25    treatment; or treatment for drug addiction or alcoholism;
26        (5) attend or reside in a facility established for the

 

 

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1    instruction or residence of defendants on probation;
2        (6) support his dependents;
3        (7) refrain from possessing a firearm or other
4    dangerous weapon;
5        (8) and in addition, if a minor:
6            (i) reside with his parents or in a foster home;
7            (ii) attend school;
8            (iii) attend a non-residential program for youth;
9            (iv) contribute to his own support at home or in a
10        foster home; or
11            (v) with the consent of the superintendent of the
12        facility, attend an educational program at a facility
13        other than the school in which the offense was
14        committed if he or she is placed on supervision for a
15        crime of violence as defined in Section 2 of the Crime
16        Victims Compensation Act committed in a school, on the
17        real property comprising a school, or within 1,000
18        feet of the real property comprising a school;
19        (9) make restitution or reparation in an amount not to
20    exceed actual loss or damage to property and pecuniary
21    loss or make restitution under Section 5-5-6 to a domestic
22    violence shelter. The court shall determine the amount and
23    conditions of payment;
24        (10) perform some reasonable public or community
25    service;
26        (11) comply with the terms and conditions of an order

 

 

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1    of protection issued by the court pursuant to the Illinois
2    Domestic Violence Act of 1986 or an order of protection
3    issued by the court of another state, tribe, or United
4    States territory. If the court has ordered the defendant
5    to make a report and appear in person under paragraph (1)
6    of this subsection, a copy of the order of protection
7    shall be transmitted to the person or agency so designated
8    by the court;
9        (12) reimburse any "local anti-crime program" as
10    defined in Section 7 of the Anti-Crime Advisory Council
11    Act for any reasonable expenses incurred by the program on
12    the offender's case, not to exceed the maximum amount of
13    the fine authorized for the offense for which the
14    defendant was sentenced;
15        (13) contribute a reasonable sum of money, not to
16    exceed the maximum amount of the fine authorized for the
17    offense for which the defendant was sentenced, (i) to a
18    "local anti-crime program", as defined in Section 7 of the
19    Anti-Crime Advisory Council Act, or (ii) for offenses
20    under the jurisdiction of the Department of Natural
21    Resources, to the fund established by the Department of
22    Natural Resources for the purchase of evidence for
23    investigation purposes and to conduct investigations as
24    outlined in Section 805-105 of the Department of Natural
25    Resources (Conservation) Law;
26        (14) refrain from entering into a designated

 

 

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1    geographic area except upon such terms as the court finds
2    appropriate. Such terms may include consideration of the
3    purpose of the entry, the time of day, other persons
4    accompanying the defendant, and advance approval by a
5    probation officer;
6        (15) refrain from having any contact, directly or
7    indirectly, with certain specified persons or particular
8    types of person, including but not limited to members of
9    street gangs and drug users or dealers;
10        (16) refrain from having in his or her body the
11    presence of any illicit drug prohibited by the Cannabis
12    Control Act, the Illinois Controlled Substances Act, or
13    the Methamphetamine Control and Community Protection Act,
14    unless prescribed by a physician, and submit samples of
15    his or her blood or urine or both for tests to determine
16    the presence of any illicit drug;
17        (17) refrain from operating any motor vehicle not
18    equipped with an ignition interlock device as defined in
19    Section 1-129.1 of the Illinois Vehicle Code; under this
20    condition the court may allow a defendant who is not
21    self-employed to operate a vehicle owned by the
22    defendant's employer that is not equipped with an ignition
23    interlock device in the course and scope of the
24    defendant's employment; and
25        (18) if placed on supervision for a sex offense as
26    defined in subsection (a-5) of Section 3-1-2 of this Code,

 

 

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1    unless the offender is a parent or guardian of the person
2    under 18 years of age present in the home and no
3    non-familial minors are present, not participate in a
4    holiday event involving children under 18 years of age,
5    such as distributing candy or other items to children on
6    Halloween, wearing a Santa Claus costume on or preceding
7    Christmas, being employed as a department store Santa
8    Claus, or wearing an Easter Bunny costume on or preceding
9    Easter.
10    (c-5) If payment of restitution as ordered has not been
11made, the victim shall file a petition notifying the
12sentencing court, any other person to whom restitution is
13owed, and the State's Attorney of the status of the ordered
14restitution payments unpaid at least 90 days before the
15supervision expiration date. If payment as ordered has not
16been made, the court shall hold a review hearing prior to the
17expiration date, unless the hearing is voluntarily waived by
18the defendant with the knowledge that waiver may result in an
19extension of the supervision period or in a revocation of
20supervision. If the court does not extend supervision, it
21shall issue a judgment for the unpaid restitution and direct
22the clerk of the circuit court to file and enter the judgment
23in the judgment and lien docket, without fee, unless it finds
24that the victim has recovered a judgment against the defendant
25for the amount covered by the restitution order. If the court
26issues a judgment for the unpaid restitution, the court shall

 

 

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1send to the defendant at his or her last known address written
2notification that a civil judgment has been issued for the
3unpaid restitution.
4    (d) The court shall defer entering any judgment on the
5charges until the conclusion of the supervision.
6    (e) At the conclusion of the period of supervision, if the
7court determines that the defendant has successfully complied
8with all of the conditions of supervision, the court shall
9discharge the defendant and enter a judgment dismissing the
10charges.
11    (f) Discharge and dismissal upon a successful conclusion
12of a disposition of supervision shall be deemed without
13adjudication of guilt and shall not be termed a conviction for
14purposes of disqualification or disabilities imposed by law
15upon conviction of a crime. Two years after the discharge and
16dismissal under this Section, unless the disposition of
17supervision was for a violation of Sections 3-707, 3-708,
183-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
19similar provision of a local ordinance, or for a violation of
20Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
21or the Criminal Code of 2012, in which case it shall be 5 years
22after discharge and dismissal, a person may have his record of
23arrest sealed or expunged as may be provided by law. However,
24any defendant placed on supervision before January 1, 1980,
25may move for sealing or expungement of his arrest record, as
26provided by law, at any time after discharge and dismissal

 

 

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1under this Section. A person placed on supervision for a
2sexual offense committed against a minor as defined in clause
3(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
4for a violation of Section 11-501 of the Illinois Vehicle Code
5or a similar provision of a local ordinance shall not have his
6or her record of arrest sealed or expunged.
7    (g) A defendant placed on supervision and who during the
8period of supervision undergoes mandatory drug or alcohol
9testing, or both, or is assigned to be placed on an approved
10electronic monitoring device, shall be ordered to pay the
11costs incidental to such mandatory drug or alcohol testing, or
12both, and costs incidental to such approved electronic
13monitoring in accordance with the defendant's ability to pay
14those costs. The county board with the concurrence of the
15Chief Judge of the judicial circuit in which the county is
16located shall establish reasonable fees for the cost of
17maintenance, testing, and incidental expenses related to the
18mandatory drug or alcohol testing, or both, and all costs
19incidental to approved electronic monitoring, of all
20defendants placed on supervision. The concurrence of the Chief
21Judge shall be in the form of an administrative order. The fees
22shall be collected by the clerk of the circuit court, except as
23provided in an administrative order of the Chief Judge of the
24circuit court. The clerk of the circuit court shall pay all
25moneys collected from these fees to the county treasurer who
26shall use the moneys collected to defray the costs of drug

 

 

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1testing, alcohol testing, and electronic monitoring. The
2county treasurer shall deposit the fees collected in the
3county working cash fund under Section 6-27001 or Section
46-29002 of the Counties Code, as the case may be.
5    The Chief Judge of the circuit court of the county may by
6administrative order establish a program for electronic
7monitoring of offenders, in which a vendor supplies and
8monitors the operation of the electronic monitoring device,
9and collects the fees on behalf of the county. The program
10shall include provisions for indigent offenders and the
11collection of unpaid fees. The program shall not unduly burden
12the offender and shall be subject to review by the Chief Judge.
13    The Chief Judge of the circuit court may suspend any
14additional charges or fees for late payment, interest, or
15damage to any device.
16    (h) A disposition of supervision is a final order for the
17purposes of appeal.
18    (i) The court shall impose upon a defendant placed on
19supervision after January 1, 1992 or to community service
20under the supervision of a probation or court services
21department after January 1, 2004, as a condition of
22supervision or supervised community service, a fee of $50 for
23each month of supervision or supervised community service
24ordered by the court, unless after determining the inability
25of the person placed on supervision or supervised community
26service to pay the fee, the court assesses a lesser fee. The

 

 

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1court may not impose the fee on a minor who is placed in the
2guardianship or custody of the Department of Children and
3Family Services under the Juvenile Court Act of 1987 while the
4minor is in placement. The fee shall be imposed only upon a
5defendant who is actively supervised by the probation and
6court services department. The fee shall be collected by the
7clerk of the circuit court. The clerk of the circuit court
8shall pay all monies collected from this fee to the county
9treasurer for deposit in the probation and court services fund
10pursuant to Section 15.1 of the Probation and Probation
11Officers Act.
12    A circuit court may not impose a probation fee in excess of
13$25 per month unless the circuit court has adopted, by
14administrative order issued by the chief judge, a standard
15probation fee guide determining an offender's ability to pay.
16Of the amount collected as a probation fee, not to exceed $5 of
17that fee collected per month may be used to provide services to
18crime victims and their families.
19    The Court may only waive probation fees based on an
20offender's ability to pay. The probation department may
21re-evaluate an offender's ability to pay every 6 months, and,
22with the approval of the Director of Court Services or the
23Chief Probation Officer, adjust the monthly fee amount. An
24offender may elect to pay probation fees due in a lump sum. Any
25offender that has been assigned to the supervision of a
26probation department, or has been transferred either under

 

 

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1subsection (h) of this Section or under any interstate
2compact, shall be required to pay probation fees to the
3department supervising the offender, based on the offender's
4ability to pay.
5    (j) All fines and costs imposed under this Section for any
6violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
7Code, or a similar provision of a local ordinance, and any
8violation of the Child Passenger Protection Act, or a similar
9provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under the Criminal
11and Traffic Assessment Act.
12    (k) A defendant at least 17 years of age who is placed on
13supervision for a misdemeanor in a county of 3,000,000 or more
14inhabitants and who has not been previously convicted of a
15misdemeanor or felony may as a condition of his or her
16supervision be required by the court to attend educational
17courses designed to prepare the defendant for a high school
18diploma and to work toward a high school diploma or to work
19toward passing high school equivalency testing or to work
20toward completing a vocational training program approved by
21the court. The defendant placed on supervision must attend a
22public institution of education to obtain the educational or
23vocational training required by this subsection (k). The
24defendant placed on supervision shall be required to pay for
25the cost of the educational courses or high school equivalency
26testing if a fee is charged for those courses or testing. The

 

 

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1court shall revoke the supervision of a person who wilfully
2fails to comply with this subsection (k). The court shall
3resentence the defendant upon revocation of supervision as
4provided in Section 5-6-4. This subsection (k) does not apply
5to a defendant who has a high school diploma or has
6successfully passed high school equivalency testing. This
7subsection (k) does not apply to a defendant who is determined
8by the court to be a person with a developmental disability or
9otherwise mentally incapable of completing the educational or
10vocational program.
11    (l) The court shall require a defendant placed on
12supervision for possession of a substance prohibited by the
13Cannabis Control Act, the Illinois Controlled Substances Act,
14or the Methamphetamine Control and Community Protection Act
15after a previous conviction or disposition of supervision for
16possession of a substance prohibited by the Cannabis Control
17Act, the Illinois Controlled Substances Act, or the
18Methamphetamine Control and Community Protection Act or a
19sentence of probation under Section 10 of the Cannabis Control
20Act or Section 410 of the Illinois Controlled Substances Act
21and after a finding by the court that the person is addicted,
22to undergo treatment at a substance abuse program approved by
23the court.
24    (m) The Secretary of State shall require anyone placed on
25court supervision for a violation of Section 3-707 of the
26Illinois Vehicle Code or a similar provision of a local

 

 

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1ordinance to give proof of his or her financial responsibility
2as defined in Section 7-315 of the Illinois Vehicle Code. The
3proof shall be maintained by the individual in a manner
4satisfactory to the Secretary of State for a minimum period of
53 years after the date the proof is first filed. The proof
6shall be limited to a single action per arrest and may not be
7affected by any post-sentence disposition. The Secretary of
8State shall suspend the driver's license of any person
9determined by the Secretary to be in violation of this
10subsection. This subsection does not apply to a person who, at
11the time of the offense, was operating a motor vehicle
12registered in a state other than Illinois.
13    (n) Any offender placed on supervision for any offense
14that the court or probation department has determined to be
15sexually motivated as defined in the Sex Offender Management
16Board Act shall be required to refrain from any contact,
17directly or indirectly, with any persons specified by the
18court and shall be available for all evaluations and treatment
19programs required by the court or the probation department.
20    (o) An offender placed on supervision for a sex offense as
21defined in the Sex Offender Management Board Act shall refrain
22from residing at the same address or in the same condominium
23unit or apartment unit or in the same condominium complex or
24apartment complex with another person he or she knows or
25reasonably should know is a convicted sex offender or has been
26placed on supervision for a sex offense. The provisions of

 

 

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1this subsection (o) do not apply to a person convicted of a sex
2offense who is placed in a Department of Corrections licensed
3transitional housing facility for sex offenders.
4    (p) An offender placed on supervision for an offense
5committed on or after June 1, 2008 (the effective date of
6Public Act 95-464) that would qualify the accused as a child
7sex offender as defined in Section 11-9.3 or 11-9.4 of the
8Criminal Code of 1961 or the Criminal Code of 2012 shall
9refrain from communicating with or contacting, by means of the
10Internet, a person who is not related to the accused and whom
11the accused reasonably believes to be under 18 years of age.
12For purposes of this subsection (p), "Internet" has the
13meaning ascribed to it in Section 16-0.1 of the Criminal Code
14of 2012; and a person is not related to the accused if the
15person is not: (i) the spouse, brother, or sister of the
16accused; (ii) a descendant of the accused; (iii) a first or
17second cousin of the accused; or (iv) a step-child or adopted
18child of the accused.
19    (q) An offender placed on supervision for an offense
20committed on or after June 1, 2008 (the effective date of
21Public Act 95-464) that would qualify the accused as a child
22sex offender as defined in Section 11-9.3 or 11-9.4 of the
23Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
24ordered by the court, refrain from communicating with or
25contacting, by means of the Internet, a person who is related
26to the accused and whom the accused reasonably believes to be

 

 

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1under 18 years of age. For purposes of this subsection (q),
2"Internet" has the meaning ascribed to it in Section 16-0.1 of
3the Criminal Code of 2012; and a person is related to the
4accused if the person is: (i) the spouse, brother, or sister of
5the accused; (ii) a descendant of the accused; (iii) a first or
6second cousin of the accused; or (iv) a step-child or adopted
7child of the accused.
8    (r) An offender placed on supervision for an offense under
9Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
10juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
1111-21 of the Criminal Code of 1961 or the Criminal Code of
122012, or any attempt to commit any of these offenses,
13committed on or after June 1, 2009 (the effective date of
14Public Act 95-983) shall:
15        (i) not access or use a computer or any other device
16    with Internet capability without the prior written
17    approval of the court, except in connection with the
18    offender's employment or search for employment with the
19    prior approval of the court;
20        (ii) submit to periodic unannounced examinations of
21    the offender's computer or any other device with Internet
22    capability by the offender's probation officer, a law
23    enforcement officer, or assigned computer or information
24    technology specialist, including the retrieval and copying
25    of all data from the computer or device and any internal or
26    external peripherals and removal of such information,

 

 

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1    equipment, or device to conduct a more thorough
2    inspection;
3        (iii) submit to the installation on the offender's
4    computer or device with Internet capability, at the
5    offender's expense, of one or more hardware or software
6    systems to monitor the Internet use; and
7        (iv) submit to any other appropriate restrictions
8    concerning the offender's use of or access to a computer
9    or any other device with Internet capability imposed by
10    the court.
11    (s) An offender placed on supervision for an offense that
12is a sex offense as defined in Section 2 of the Sex Offender
13Registration Act that is committed on or after January 1, 2010
14(the effective date of Public Act 96-362) that requires the
15person to register as a sex offender under that Act, may not
16knowingly use any computer scrub software on any computer that
17the sex offender uses.
18    (t) An offender placed on supervision for a sex offense as
19defined in the Sex Offender Registration Act committed on or
20after January 1, 2010 (the effective date of Public Act
2196-262) shall refrain from accessing or using a social
22networking website as defined in Section 17-0.5 of the
23Criminal Code of 2012.
24    (u) Jurisdiction over an offender may be transferred from
25the sentencing court to the court of another circuit with the
26concurrence of both courts. Further transfers or retransfers

 

 

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1of jurisdiction are also authorized in the same manner. The
2court to which jurisdiction has been transferred shall have
3the same powers as the sentencing court. The probation
4department within the circuit to which jurisdiction has been
5transferred may impose probation fees upon receiving the
6transferred offender, as provided in subsection (i). The
7probation department from the original sentencing court shall
8retain all probation fees collected prior to the transfer.
9(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
1099-642, eff. 7-28-16; 99-797, eff. 8-12-16; 100-159, eff.
118-18-17; 100-201, eff. 8-18-17; 100-987, eff. 7-1-19.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.
 
19    Section 999. Effective date. This Act takes effect upon
20becoming law.