Full Text of SB0698 102nd General Assembly
SB0698eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the Secretary of State.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by 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 | 9 | | Identification Card to any natural person who is a resident
of | 10 | | the State of Illinois who applies for such card, or renewal | 11 | | thereof. No identification card shall be issued to any person | 12 | | who holds a valid
foreign state
identification card, license, | 13 | | or permit unless the person first surrenders to
the Secretary | 14 | | of
State the valid foreign state identification card, license, | 15 | | or permit. The card shall be prepared and
supplied by the | 16 | | Secretary of State and shall include a photograph and | 17 | | signature or mark of the
applicant. However, the Secretary of | 18 | | State may provide by rule for the issuance of Illinois | 19 | | Identification Cards without photographs if the applicant has | 20 | | a bona fide religious objection to being photographed or to | 21 | | the display of his or her photograph. The Illinois | 22 | | Identification Card may be used for
identification purposes in | 23 | | any lawful situation only by the person to
whom it was issued.
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| 1 | | As used in this Act, "photograph" means any color photograph | 2 | | or digitally
produced and captured image of an applicant for | 3 | | an identification card. As
used in this Act, "signature" means | 4 | | the name of a person as written by that
person and captured in | 5 | | a manner acceptable to the Secretary of State. | 6 | | (a-5) If an applicant for an identification card has a | 7 | | current driver's license or instruction permit issued by the | 8 | | Secretary of State, the Secretary may require the applicant to | 9 | | utilize the same residence address and name on the | 10 | | identification card, driver's license, and instruction permit | 11 | | records maintained by the Secretary. The Secretary may | 12 | | promulgate rules to implement this provision.
| 13 | | (a-10) If the applicant is a judicial officer as defined | 14 | | in Section 1-10 of the Judicial Privacy Act or a peace officer, | 15 | | the applicant may elect to have his or her office or work | 16 | | address listed on the card instead of the applicant's | 17 | | residence or mailing address. The Secretary may promulgate | 18 | | rules to implement this provision. For the purposes of this | 19 | | subsection (a-10), "peace officer" means any person who by | 20 | | virtue of his or her office or public employment is vested by | 21 | | law with a duty to maintain public order or to make arrests for | 22 | | a violation of any penal statute of this State, whether that | 23 | | duty extends to all violations or is limited to specific | 24 | | violations. | 25 | | (a-15) The Secretary of State may provide for an expedited | 26 | | process for the issuance of an Illinois Identification Card. |
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| 1 | | The Secretary shall charge an additional fee for the expedited | 2 | | issuance of an Illinois Identification Card, to be set by | 3 | | rule, not to exceed $75. All fees collected by the Secretary | 4 | | for expedited Illinois Identification Card service shall be | 5 | | deposited into the Secretary of State Special Services Fund. | 6 | | The Secretary may adopt rules regarding the eligibility, | 7 | | process, and fee for an expedited Illinois Identification | 8 | | Card. If the Secretary of State determines that the volume of | 9 | | expedited identification card requests received on a given day | 10 | | exceeds the ability of the Secretary to process those requests | 11 | | in an expedited manner, the Secretary may decline to provide | 12 | | expedited services, and the additional fee for the expedited | 13 | | service shall be refunded to the applicant. | 14 | | (a-20) The Secretary of State shall issue a standard | 15 | | Illinois Identification Card to a committed person upon | 16 | | release on parole, mandatory supervised release, aftercare | 17 | | release, final discharge, or pardon from the Department of | 18 | | Corrections or Department of Juvenile Justice, if the released | 19 | | person presents a certified copy of his or her birth | 20 | | certificate, social security card or other documents | 21 | | authorized by the Secretary, and 2 documents proving his or | 22 | | her Illinois residence address. Documents proving residence | 23 | | address may include any official document of the Department of | 24 | | Corrections or the Department of Juvenile Justice showing the | 25 | | released person's address after release and a Secretary of | 26 | | State prescribed certificate of residency form, which may be |
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| 1 | | executed by Department of Corrections or Department of | 2 | | Juvenile Justice personnel. | 3 | | (a-25) The Secretary of State shall issue a limited-term | 4 | | Illinois Identification Card valid for 90 days to a committed | 5 | | person upon release on parole, mandatory supervised release, | 6 | | aftercare release, final discharge, or pardon from the | 7 | | Department of Corrections or Department of Juvenile Justice, | 8 | | if the released person is unable to present a certified copy of | 9 | | his or her birth certificate and social security card or other | 10 | | documents authorized by the Secretary, but does present a | 11 | | Secretary of State prescribed verification form completed by | 12 | | the Department of Corrections or Department of Juvenile | 13 | | Justice, verifying the released person's date of birth and | 14 | | social security number and 2 documents proving his or her | 15 | | Illinois residence address. The verification form must have | 16 | | been completed no more than 30 days prior to the date of | 17 | | application for the Illinois Identification Card. Documents | 18 | | proving residence address shall include any official document | 19 | | of the Department of Corrections or the Department of Juvenile | 20 | | Justice showing the person's address after release and a | 21 | | Secretary of State prescribed certificate of residency, which | 22 | | may be executed by Department of Corrections or Department of | 23 | | Juvenile Justice personnel. | 24 | | Prior to the expiration of the 90-day period of the | 25 | | limited-term Illinois Identification Card, if the released | 26 | | person submits to the Secretary of State a certified copy of |
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| 1 | | his or her birth certificate and his or her social security | 2 | | card or other documents authorized by the Secretary, a | 3 | | standard Illinois Identification Card shall be issued. A | 4 | | limited-term Illinois Identification Card may not be renewed. | 5 | | (a-30) The Secretary of State shall issue a standard | 6 | | Illinois Identification Card to a person upon conditional | 7 | | release or absolute discharge from the custody of the | 8 | | Department of Human Services, if the person presents a | 9 | | certified copy of his or her birth certificate, social | 10 | | security card, or other documents authorized by the Secretary, | 11 | | and a document proving his or her Illinois residence address. | 12 | | The Secretary of State shall issue a standard Illinois | 13 | | Identification Card to a person no sooner than 14 days prior to | 14 | | his or her conditional release or absolute discharge if | 15 | | personnel from the Department of Human Services bring the | 16 | | person to a Secretary of State location with the required | 17 | | documents. Documents proving residence address may include any | 18 | | official document of the Department of Human Services showing | 19 | | the person's address after release and a Secretary of State | 20 | | prescribed verification form, which may be executed by | 21 | | personnel of the Department of Human Services. | 22 | | (a-35) The Secretary of State shall issue a limited-term | 23 | | Illinois Identification Card valid for 90 days to a person | 24 | | upon conditional release or absolute discharge from the | 25 | | custody of the Department of Human Services, if the person is | 26 | | unable to present a certified copy of his or her birth |
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| 1 | | certificate and social security card or other documents | 2 | | authorized by the Secretary, but does present a Secretary of | 3 | | State prescribed verification form completed by the Department | 4 | | of Human Services, verifying the person's date of birth and | 5 | | social security number, and a document proving his or her | 6 | | Illinois residence address. The verification form must have | 7 | | been completed no more than 30 days prior to the date of | 8 | | application for the Illinois Identification Card. The | 9 | | Secretary of State shall issue a limited-term Illinois | 10 | | Identification Card to a person no sooner than 14 days prior to | 11 | | his or her conditional release or absolute discharge if | 12 | | personnel from the Department of Human Services bring the | 13 | | person to a Secretary of State location with the required | 14 | | documents. Documents proving residence address shall include | 15 | | any official document of the Department of Human Services | 16 | | showing the person's address after release and a Secretary of | 17 | | State prescribed verification form, which may be executed
by | 18 | | personnel of the Department of Human Services. | 19 | | (b) The Secretary of State shall issue a special Illinois
| 20 | | Identification Card, which shall be known as an Illinois | 21 | | Person with a Disability
Identification Card, to any natural | 22 | | person who is a resident of the State
of Illinois, who is a | 23 | | person with a disability as defined in Section 4A of this Act,
| 24 | | who applies for such card, or renewal thereof. No Illinois | 25 | | Person with a Disability Identification Card shall be issued | 26 | | to any person who
holds a valid
foreign state identification |
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| 1 | | card, license, or permit unless the person first
surrenders to | 2 | | the
Secretary of State the valid foreign state identification | 3 | | card, license, or
permit. The Secretary of State
shall charge | 4 | | no fee to issue such card. The card shall be prepared and
| 5 | | supplied by the Secretary of State, and shall include a | 6 | | photograph and signature or mark of the
applicant, a | 7 | | designation indicating that the card is an Illinois
Person | 8 | | with a Disability Identification Card, and shall include a | 9 | | comprehensible designation
of the type and classification of | 10 | | the applicant's disability as set out in
Section 4A of this | 11 | | Act. However, the Secretary of State may provide by rule for | 12 | | the issuance of Illinois Person with a Disability | 13 | | Identification Cards without photographs if the applicant has | 14 | | a bona fide religious objection to being photographed or to | 15 | | the display of his or her photograph. If the applicant so | 16 | | requests, the card shall
include a description of the | 17 | | applicant's disability and any information
about the | 18 | | applicant's disability or medical history which the Secretary
| 19 | | determines would be helpful to the applicant in securing | 20 | | emergency medical
care. If a mark is used in lieu of a | 21 | | signature, such mark
shall be affixed to the card in the | 22 | | presence of two witnesses who attest to
the authenticity of | 23 | | the mark. The Illinois
Person with a Disability Identification | 24 | | Card may be used for identification purposes
in any lawful | 25 | | situation by the person to whom it was issued.
| 26 | | The Illinois Person with a Disability Identification Card |
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| 1 | | may be used as adequate
documentation of disability in lieu of | 2 | | a physician's determination of
disability, a determination of | 3 | | disability from a physician assistant, a determination of | 4 | | disability from an advanced practice registered
nurse, or any
| 5 | | other documentation
of disability whenever
any
State law
| 6 | | requires that a person with a disability provide such | 7 | | documentation of disability,
however an Illinois Person with a | 8 | | Disability Identification Card shall not qualify
the | 9 | | cardholder to participate in any program or to receive any | 10 | | benefit
which is not available to all persons with like | 11 | | disabilities.
Notwithstanding any other provisions of law, an | 12 | | Illinois Person with a Disability
Identification Card, or | 13 | | evidence that the Secretary of State has issued an
Illinois | 14 | | Person with a Disability Identification Card, shall not be | 15 | | used by any
person other than the person named on such card to | 16 | | prove that the person
named on such card is a person with a | 17 | | disability or for any other purpose unless the
card is used for | 18 | | the benefit of the person named on such card, and the
person | 19 | | named on such card consents to such use at the time the card is | 20 | | so used.
| 21 | | An optometrist's determination of a visual disability | 22 | | under Section 4A of this Act is acceptable as documentation | 23 | | for the purpose of issuing an Illinois Person with a | 24 | | Disability Identification Card. | 25 | | When medical information is contained on an Illinois | 26 | | Person with a Disability
Identification Card, the Office of |
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| 1 | | the Secretary of State shall not be
liable for any actions | 2 | | taken based upon that medical information.
| 3 | | (c) The Secretary of State shall provide
that each | 4 | | original or renewal Illinois Identification Card or Illinois
| 5 | | Person with a Disability Identification Card issued to a | 6 | | person under the age of 21
shall be of a distinct nature from | 7 | | those Illinois Identification Cards or
Illinois Person with a | 8 | | Disability Identification Cards issued to individuals 21
years | 9 | | of age or older. The color designated for Illinois | 10 | | Identification
Cards or Illinois Person with a Disability | 11 | | Identification Cards for persons under
the age of 21 shall be | 12 | | at the discretion of the Secretary of State.
| 13 | | (c-1) Each original or renewal Illinois
Identification | 14 | | Card or Illinois Person with a Disability Identification Card | 15 | | issued to
a person under the age of 21 shall display the date | 16 | | upon which the person
becomes 18 years of age and the date upon | 17 | | which the person becomes 21 years of
age.
| 18 | | (c-3) The General Assembly recognizes the need to identify | 19 | | military veterans living in this State for the purpose of | 20 | | ensuring that they receive all of the services and benefits to | 21 | | which they are legally entitled, including healthcare, | 22 | | education assistance, and job placement. To assist the State | 23 | | in identifying these veterans and delivering these vital | 24 | | services and benefits, the Secretary of State is authorized to | 25 | | issue Illinois Identification Cards and Illinois Person with a | 26 | | Disability Identification Cards with the word "veteran" |
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| 1 | | appearing on the face of the cards. This authorization is | 2 | | predicated on the unique status of veterans. The Secretary may | 3 | | not issue any other identification card which identifies an | 4 | | occupation, status, affiliation, hobby, or other unique | 5 | | characteristics of the identification card holder which is | 6 | | unrelated to the purpose of the identification card.
| 7 | | (c-5) Beginning on or before July 1, 2015, the Secretary | 8 | | of State shall designate a space on each original or renewal | 9 | | identification card where, at the request of the applicant, | 10 | | the word "veteran" shall be placed. The veteran designation | 11 | | shall be available to a person identified as a veteran under | 12 | | subsection (b) of Section 5 of this Act who was discharged or | 13 | | separated under honorable conditions. | 14 | | (d) The Secretary of State may issue a Senior Citizen
| 15 | | discount card, to any natural person who is a resident of the | 16 | | State of
Illinois who is 60 years of age or older and who | 17 | | applies for such a card or
renewal thereof. The Secretary of | 18 | | State shall charge no fee to issue such
card. The card shall be | 19 | | issued in every county and applications shall be
made | 20 | | available at, but not limited to, nutrition sites, senior | 21 | | citizen
centers and Area Agencies on Aging. The applicant, | 22 | | upon receipt of such
card and prior to its use for any purpose, | 23 | | shall have affixed thereon in
the space provided therefor his | 24 | | signature or mark.
| 25 | | (e) The Secretary of State, in his or her discretion, may | 26 | | designate on each Illinois
Identification Card or Illinois |
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| 1 | | Person with a Disability Identification Card a space where the | 2 | | card holder may place a sticker or decal, issued by the | 3 | | Secretary of State, of uniform size as the Secretary may | 4 | | specify, that shall indicate in appropriate language that the | 5 | | card holder has renewed his or her Illinois
Identification | 6 | | Card or Illinois Person with a Disability Identification Card. | 7 | | (Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15; | 8 | | 99-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. | 9 | | 7-1-17; 100-513, eff. 1-1-18; 100-717, eff. 7-1-19 .)
| 10 | | Section 10. The Illinois Vehicle Code is amended by | 11 | | changing 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
| 15 | | permit to those applicants who have met all the requirements | 16 | | of the
application and screening process under this Section to | 17 | | insure the
welfare and safety of children who are transported | 18 | | on school buses
throughout the State of Illinois. Applicants | 19 | | shall obtain the
proper application required by the Secretary | 20 | | of State from their
prospective or current employer and submit | 21 | | the completed
application to the prospective or current | 22 | | employer along
with the necessary fingerprint submission as | 23 | | required by the
Department of
State Police to conduct | 24 | | fingerprint based criminal background
checks on current and |
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| 1 | | future information available in the state
system and current | 2 | | information available through the Federal Bureau
of | 3 | | Investigation's system. Applicants who have completed the
| 4 | | fingerprinting requirements shall not be subjected to the
| 5 | | fingerprinting process when applying for subsequent permits or
| 6 | | submitting proof of successful completion of the annual | 7 | | refresher
course. Individuals who on July 1, 1995 (the | 8 | | effective date of Public Act 88-612) possess a valid
school | 9 | | bus driver permit that has been previously issued by the | 10 | | appropriate
Regional School Superintendent are not subject to | 11 | | the fingerprinting
provisions of this Section as long as the | 12 | | permit remains valid and does not
lapse. The applicant shall | 13 | | be required to pay all related
application and fingerprinting | 14 | | fees as established by rule
including, but not limited to, the | 15 | | amounts established by the Department of
State Police and the | 16 | | Federal Bureau of Investigation to process
fingerprint based | 17 | | criminal background investigations. All fees paid for
| 18 | | fingerprint processing services under this Section shall be | 19 | | deposited into the
State Police Services Fund for the cost | 20 | | incurred in processing the fingerprint
based criminal | 21 | | background investigations. All other fees paid under this
| 22 | | Section shall be deposited into the Road
Fund for the purpose | 23 | | of defraying the costs of the Secretary of State in
| 24 | | administering 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;
and (viii) those offenses defined in | 9 | | the Methamphetamine Precursor Control Act;
| 10 | | 12. not have been repeatedly involved as a driver in | 11 | | motor vehicle
collisions or been repeatedly convicted of | 12 | | offenses against
laws and ordinances regulating the | 13 | | movement of traffic, to a degree which
indicates lack of | 14 | | ability to exercise ordinary and reasonable care in the
| 15 | | safe operation of a motor vehicle or disrespect for the | 16 | | traffic laws and
the safety of other persons upon the | 17 | | highway;
| 18 | | 13. not have, through the unlawful operation of a | 19 | | motor
vehicle, caused an accident resulting in the death | 20 | | of any person;
| 21 | | 14. not have, within the last 5 years, been adjudged | 22 | | to be
afflicted with or suffering from any mental | 23 | | disability or disease;
| 24 | | 15. consent, in writing, to the release of results of | 25 | | reasonable suspicion drug and alcohol testing under | 26 | | Section 6-106.1c of this Code by the employer of the |
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| 1 | | applicant to the Secretary of State; and | 2 | | 16. not have been convicted of committing or | 3 | | attempting to commit within the last 20 years: (i) an | 4 | | offense defined in subsection (c) of Section 4, subsection | 5 | | (b) of Section 5, and subsection (a) of Section 8 of the | 6 | | Cannabis Control Act; or (ii) any offenses in any other | 7 | | state or against the laws of the United States that, if | 8 | | committed or attempted in this State, would be punishable | 9 | | as one or more of the foregoing offenses. | 10 | | (b) A school bus driver permit shall be valid for a period | 11 | | specified by
the Secretary of State as set forth by rule. It | 12 | | shall be renewable upon compliance with subsection (a) of this
| 13 | | Section.
| 14 | | (c) A school bus driver permit shall contain the holder's | 15 | | driver's
license number, legal name, residence address, zip | 16 | | code, and date
of birth, a brief description of the holder and | 17 | | a space for signature. The
Secretary of State may require a | 18 | | suitable photograph of the holder.
| 19 | | (d) The employer shall be responsible for conducting a | 20 | | pre-employment
interview with prospective school bus driver | 21 | | candidates, distributing school
bus driver applications and | 22 | | medical forms to be completed by the applicant, and
submitting | 23 | | the applicant's fingerprint cards to the Department of State | 24 | | Police
that are required for the criminal background | 25 | | investigations. The employer
shall certify in writing to the | 26 | | Secretary of State that all pre-employment
conditions have |
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| 1 | | been successfully completed including the successful | 2 | | completion
of an Illinois specific criminal background | 3 | | investigation through the
Department of State Police and the | 4 | | submission of necessary
fingerprints to the Federal Bureau of | 5 | | Investigation for criminal
history information available | 6 | | through the Federal Bureau of
Investigation system. The | 7 | | applicant shall present the
certification to the Secretary of | 8 | | State at the time of submitting
the school bus driver permit | 9 | | application.
| 10 | | (e) Permits shall initially be provisional upon receiving
| 11 | | certification from the employer that all pre-employment | 12 | | conditions
have been successfully completed, and upon | 13 | | successful completion of
all training and examination | 14 | | requirements for the classification of
the vehicle to be | 15 | | operated, the Secretary of State shall
provisionally issue a | 16 | | School Bus Driver Permit. The permit shall
remain in a | 17 | | provisional status pending the completion of the
Federal | 18 | | Bureau of Investigation's criminal background investigation | 19 | | based
upon fingerprinting specimens submitted to the Federal | 20 | | Bureau of
Investigation by the Department of State Police. The | 21 | | Federal Bureau of
Investigation shall report the findings | 22 | | directly to the Secretary
of State. The Secretary of State | 23 | | shall remove the bus driver
permit from provisional status | 24 | | upon the applicant's successful
completion of the Federal | 25 | | Bureau of Investigation's criminal
background investigation.
| 26 | | (f) A school bus driver permit holder shall notify the
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| 1 | | employer and the Secretary of State if he or she is issued an | 2 | | order of court supervision for or convicted in
another state | 3 | | of an offense that would make him or her ineligible
for a | 4 | | permit under subsection (a) of this Section. The
written | 5 | | notification shall be made within 5 days of the entry of
the | 6 | | order of court supervision or conviction. Failure of the | 7 | | permit holder to provide the
notification is punishable as a | 8 | | petty
offense for a first violation and a Class B misdemeanor | 9 | | for a
second or subsequent violation.
| 10 | | (g) Cancellation; suspension; notice and procedure.
| 11 | | (1) The Secretary of State shall cancel a school bus
| 12 | | driver permit of an applicant whose criminal background | 13 | | investigation
discloses that he or she is not in | 14 | | compliance with the provisions of subsection
(a) of this | 15 | | Section.
| 16 | | (2) The Secretary of State shall cancel a school
bus | 17 | | driver permit when he or she receives notice that the | 18 | | permit holder fails
to comply with any provision of this | 19 | | Section or any rule promulgated for the
administration of | 20 | | this Section.
| 21 | | (3) The Secretary of State shall cancel a school bus
| 22 | | driver permit if the permit holder's restricted commercial | 23 | | or
commercial driving privileges are withdrawn or | 24 | | otherwise
invalidated.
| 25 | | (4) The Secretary of State may not issue a school bus
| 26 | | driver permit for a period of 3 years to an applicant who |
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| 1 | | fails to
obtain a negative result on a drug test as | 2 | | required in item 6 of
subsection (a) of this Section or | 3 | | under federal law.
| 4 | | (5) The Secretary of State shall forthwith suspend
a | 5 | | school bus driver permit for a period of 3 years upon | 6 | | receiving
notice that the holder has failed to obtain a | 7 | | negative result on a
drug test as required in item 6 of | 8 | | subsection (a) of this Section
or under federal law.
| 9 | | (6) The Secretary of State shall suspend a school bus | 10 | | driver permit for a period of 3 years upon receiving | 11 | | notice from the employer that the holder failed to perform | 12 | | the inspection procedure set forth in subsection (a) or | 13 | | (b) of Section 12-816 of this Code. | 14 | | (7) The Secretary of State shall suspend a school bus | 15 | | driver permit for a period of 3 years upon receiving | 16 | | notice from the employer that the holder refused to submit | 17 | | to an alcohol or drug test as required by Section 6-106.1c | 18 | | or has submitted to a test required by that Section which | 19 | | disclosed an alcohol concentration of more than 0.00 or | 20 | | disclosed a positive result on a National Institute on | 21 | | Drug Abuse five-drug panel, utilizing federal standards | 22 | | set forth in 49 CFR 40.87. | 23 | | The Secretary of State shall notify the State | 24 | | Superintendent
of Education and the permit holder's | 25 | | prospective or current
employer that the applicant has (1) has | 26 | | failed a criminal
background investigation or (2) is no
longer |
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| 1 | | eligible for a school bus driver permit; and of the related
| 2 | | cancellation of the applicant's provisional school bus driver | 3 | | permit. The
cancellation shall remain in effect pending the | 4 | | outcome of a
hearing pursuant to Section 2-118 of this Code. | 5 | | The scope of the
hearing shall be limited to the issuance | 6 | | criteria contained in
subsection (a) of this Section. A | 7 | | petition requesting a
hearing shall be submitted to the | 8 | | Secretary of State and shall
contain the reason the individual | 9 | | feels he or she is entitled to a
school bus driver permit. The | 10 | | permit holder's
employer shall notify in writing to the | 11 | | Secretary of State
that the employer has certified the removal | 12 | | of the offending school
bus driver from service prior to the | 13 | | start of that school bus
driver's next workshift. An employing | 14 | | school board that fails to
remove the offending school bus | 15 | | driver from service is
subject to the penalties defined in | 16 | | Section 3-14.23 of the School Code. A
school bus
contractor | 17 | | who violates a provision of this Section is
subject to the | 18 | | penalties defined in Section 6-106.11.
| 19 | | All valid school bus driver permits issued under this | 20 | | Section
prior to January 1, 1995, shall remain effective until | 21 | | their
expiration date unless otherwise invalidated.
| 22 | | (h) When a school bus driver permit holder who is a service | 23 | | member is called to active duty, the employer of the permit | 24 | | holder shall notify the Secretary of State, within 30 days of | 25 | | notification from the permit holder, that the permit holder | 26 | | has been called to active duty. Upon notification pursuant to |
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| 1 | | this subsection, (i) the Secretary of State shall characterize | 2 | | the permit as inactive until a permit holder renews the permit | 3 | | as provided in subsection (i) of this Section, and (ii) if a | 4 | | permit holder fails to comply with the requirements of this | 5 | | Section while called to active duty, the Secretary of State | 6 | | shall not characterize the permit as invalid. | 7 | | (i) A school bus driver permit holder who is a service | 8 | | member returning from active duty must, within 90 days, renew | 9 | | a permit characterized as inactive pursuant to subsection (h) | 10 | | of this Section by complying with the renewal requirements of | 11 | | subsection (b) of this Section. | 12 | | (j) For purposes of subsections (h) and (i) of this | 13 | | Section: | 14 | | "Active duty" means active duty pursuant to an executive | 15 | | order of the President of the United States, an act of the | 16 | | Congress of the United States, or an order of the Governor. | 17 | | "Service member" means a member of the Armed Services or | 18 | | reserve forces of the United States or a member of the Illinois | 19 | | National Guard. | 20 | | (k) A private carrier employer of a school bus driver | 21 | | permit holder, having satisfied the employer requirements of | 22 | | this Section, shall be held to a standard of ordinary care for | 23 | | intentional acts committed in the course of employment by the | 24 | | bus driver permit holder. This subsection (k) shall in no way | 25 | | limit the liability of the private carrier employer for | 26 | | violation of any provision of this Section or for the |
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| 1 | | negligent hiring or retention of a school bus driver permit | 2 | | holder. | 3 | | (Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20 .)
| 4 | | (625 ILCS 5/6-205)
| 5 | | Sec. 6-205. Mandatory revocation of license or permit; | 6 | | hardship cases.
| 7 | | (a) Except as provided in this Section, the Secretary of | 8 | | State shall
immediately revoke the license, permit, or driving | 9 | | privileges of
any driver upon receiving a
report of the | 10 | | driver's conviction of any of the following offenses:
| 11 | | 1. Reckless homicide resulting from the operation of a | 12 | | motor vehicle;
| 13 | | 2. Violation of Section 11-501 of this Code or a | 14 | | similar provision of
a local ordinance relating to the | 15 | | offense of operating or being in physical
control of a | 16 | | vehicle while under the influence of alcohol, other drug | 17 | | or
drugs, intoxicating compound or compounds, or any | 18 | | combination thereof;
| 19 | | 3. Any felony under the laws of any State or the | 20 | | federal government
in the commission of which a motor | 21 | | vehicle was used;
| 22 | | 4. Violation of Section 11-401 of this Code relating | 23 | | to the offense of
leaving the scene of a traffic accident | 24 | | involving death or personal injury;
| 25 | | 5. Perjury or the making of a false affidavit or |
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| 1 | | statement under
oath to the Secretary of State under this | 2 | | Code or under any
other law relating to the ownership or | 3 | | operation of motor vehicles;
| 4 | | 6. Conviction upon 3 charges of violation of Section | 5 | | 11-503 of this
Code relating to the offense of reckless | 6 | | driving committed within a
period of 12 months;
| 7 | | 7. Conviction of any offense
defined in
Section 4-102 | 8 | | of this Code if the person exercised actual physical | 9 | | control over the vehicle during the commission of the | 10 | | offense;
| 11 | | 8. Violation of Section 11-504 of this Code relating | 12 | | to the offense
of drag racing;
| 13 | | 9. Violation of Chapters 8 and 9 of this Code;
| 14 | | 10. Violation of Section 12-5 of the Criminal Code of | 15 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 16 | | motor vehicle;
| 17 | | 11. Violation of Section 11-204.1 of this Code | 18 | | relating to aggravated
fleeing or attempting to elude a | 19 | | peace officer;
| 20 | | 12. Violation of paragraph (1) of subsection (b) of | 21 | | Section 6-507,
or a similar law of any other state, | 22 | | relating to the
unlawful operation of a commercial motor | 23 | | vehicle;
| 24 | | 13. Violation of paragraph (a) of Section 11-502 of | 25 | | this Code or a
similar provision of a local ordinance if | 26 | | the driver has been previously
convicted of a violation of |
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| 1 | | that Section or a similar provision of a local
ordinance | 2 | | and the driver was less than 21 years of age at the time of | 3 | | the
offense;
| 4 | | 14. Violation of paragraph (a) of Section 11-506 of | 5 | | this Code or a similar provision of a local ordinance | 6 | | relating to the offense of street racing;
| 7 | | 15. A second or subsequent conviction of driving while | 8 | | the person's driver's license, permit or privileges was | 9 | | revoked for reckless homicide or a similar out-of-state | 10 | | offense; | 11 | | 16. Any offense against any provision in this Code, or | 12 | | any local ordinance, regulating the
movement of traffic | 13 | | when that offense was the proximate cause of the death of | 14 | | any person. Any person whose driving privileges have been | 15 | | revoked pursuant to this paragraph may seek to have the | 16 | | revocation terminated or to have the length of revocation | 17 | | reduced by requesting an administrative hearing with the | 18 | | Secretary of State prior to the projected driver's license | 19 | | application eligibility date; | 20 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 21 | | of this Code or a similar provision of a local ordinance; | 22 | | 18. A second or subsequent conviction of illegal | 23 | | possession, while operating or in actual physical control, | 24 | | as a driver, of a motor vehicle, of any controlled | 25 | | substance prohibited under the Illinois Controlled | 26 | | Substances Act, any cannabis prohibited under the Cannabis |
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| 1 | | Control Act, or any methamphetamine prohibited under the | 2 | | Methamphetamine Control and Community Protection Act. A | 3 | | defendant found guilty of this offense while operating a | 4 | | motor vehicle
shall have an entry made in the court record | 5 | | by the presiding judge that
this offense did occur while | 6 | | the defendant was operating a motor vehicle
and order the | 7 | | clerk of the court to report the violation to the | 8 | | Secretary
of State; | 9 | | 19. Violation of subsection (a) of Section 11-1414 of | 10 | | this Code, or a similar provision of a local ordinance, | 11 | | relating to the offense of overtaking or passing of a | 12 | | school bus when the driver, in committing the violation, | 13 | | is involved in a motor vehicle accident that results in | 14 | | death to another and the violation is a proximate cause of | 15 | | the death. | 16 | | (b) The Secretary of State shall also immediately revoke | 17 | | the license
or permit of any driver in the following | 18 | | situations:
| 19 | | 1. Of any minor upon receiving the notice provided for | 20 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 21 | | minor has been
adjudicated under that Act as having | 22 | | committed an offense relating to
motor vehicles prescribed | 23 | | in Section 4-103 of this Code;
| 24 | | 2. Of any person when any other law of this State | 25 | | requires either the
revocation or suspension of a license | 26 | | or permit;
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| 1 | | 3. Of any person adjudicated under the Juvenile Court | 2 | | Act of 1987 based on an offense determined to have been | 3 | | committed in furtherance of the criminal activities of an | 4 | | organized gang as provided in Section 5-710 of that Act, | 5 | | and that involved the operation or use of a motor vehicle | 6 | | or the use of a driver's license or permit. The revocation | 7 | | shall remain in effect for the period determined by the | 8 | | court. | 9 | | (c)(1) Whenever a person is convicted of any of the | 10 | | offenses enumerated in
this Section, the court may recommend | 11 | | and the Secretary of State in his
discretion, without regard | 12 | | to whether the recommendation is made by the
court may, upon | 13 | | application,
issue to the person a
restricted driving permit | 14 | | granting the privilege of driving a motor
vehicle between the | 15 | | petitioner's residence and petitioner's place
of employment or | 16 | | within the scope of the petitioner's employment related
| 17 | | duties, or to allow the petitioner to transport himself or | 18 | | herself or a family member
of the petitioner's household to a | 19 | | medical facility for the receipt of necessary medical care or | 20 | | to allow the
petitioner to transport himself or herself to and | 21 | | from alcohol or drug remedial or rehabilitative activity | 22 | | recommended by a licensed service provider, or to allow the
| 23 | | petitioner to transport himself or herself or a family member | 24 | | of the petitioner's household to classes, as a student, at an | 25 | | accredited educational
institution, or to allow the petitioner | 26 | | to transport children, elderly persons, or persons with |
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| 1 | | disabilities who do not hold driving privileges and are living | 2 | | in the petitioner's household to and from daycare; if the | 3 | | petitioner is able to demonstrate that no alternative means
of | 4 | | transportation is reasonably available and that the petitioner | 5 | | will not endanger
the public safety or welfare; provided that | 6 | | the Secretary's discretion shall be
limited to cases where | 7 | | undue hardship, as defined by the rules of the Secretary of | 8 | | State, would result from a failure to issue the
restricted | 9 | | driving permit.
| 10 | | (1.5) A person subject to the provisions of paragraph 4 of | 11 | | 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 release | 16 | | from a period of imprisonment resulting from a conviction of | 17 | | the most recent offense, whichever is later, provided the | 18 | | person, in addition to all other requirements of the | 19 | | Secretary, shows by clear and convincing evidence: | 20 | | (A) a minimum of 3 years of uninterrupted abstinence | 21 | | from alcohol and the unlawful use or consumption of | 22 | | cannabis under the Cannabis Control Act, a controlled | 23 | | substance under the Illinois Controlled Substances Act, an | 24 | | intoxicating compound under the Use of Intoxicating | 25 | | Compounds Act, or methamphetamine under the | 26 | | Methamphetamine Control and Community Protection Act; and |
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| 1 | | (B) the successful completion of any rehabilitative | 2 | | treatment and involvement in any ongoing rehabilitative | 3 | | activity that may be recommended by a properly licensed | 4 | | service provider according to an assessment of the | 5 | | person's alcohol or drug use under Section 11-501.01 of | 6 | | this Code. | 7 | | In determining whether an applicant is eligible for a | 8 | | restricted driving permit under this paragraph (1.5), the | 9 | | Secretary may consider any relevant evidence, including, but | 10 | | not limited to, testimony, affidavits, records, and the | 11 | | results of regular alcohol or drug tests. Persons subject to | 12 | | the provisions of paragraph 4 of subsection (b) of Section | 13 | | 6-208 of this Code and who have been convicted of more than one | 14 | | violation of paragraph (3), paragraph (4), or paragraph (5) of | 15 | | subsection (a) of Section 11-501 of this Code shall not be | 16 | | eligible to apply for a restricted driving permit. | 17 | | A restricted driving permit issued under this paragraph | 18 | | (1.5) shall provide that the holder may only operate motor | 19 | | vehicles equipped with an ignition interlock device as | 20 | | required under paragraph (2) of subsection (c) of this Section | 21 | | and subparagraph (A) of paragraph 3 of subsection (c) of | 22 | | Section 6-206 of this Code. The Secretary may revoke a | 23 | | restricted driving permit or amend the conditions of a | 24 | | restricted driving permit issued under this paragraph (1.5) if | 25 | | the holder operates a vehicle that is not equipped with an | 26 | | ignition interlock device, or for any other reason authorized |
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| 1 | | under this Code. | 2 | | A restricted driving permit issued under this paragraph | 3 | | (1.5) shall be revoked, and the holder barred from applying | 4 | | for or being issued a restricted driving permit in the future, | 5 | | if the holder is subsequently convicted of a violation of | 6 | | Section 11-501 of this Code, a similar provision of a local | 7 | | ordinance, or a similar offense in another state. | 8 | | (2) If a person's license or permit is revoked or | 9 | | suspended due to 2 or
more convictions of violating Section | 10 | | 11-501 of this Code or a similar
provision of a local ordinance | 11 | | or a similar out-of-state offense, or Section 9-3 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012, where the | 13 | | use of alcohol or other drugs is recited as an element of the | 14 | | offense, or a similar out-of-state offense, or a combination | 15 | | of these offenses, arising out
of separate occurrences, that | 16 | | person, if issued a restricted driving permit,
may not operate | 17 | | a vehicle unless it has been equipped with an ignition
| 18 | | interlock device as defined in Section 1-129.1.
| 19 | | (3) If:
| 20 | | (A) a person's license or permit is revoked or | 21 | | suspended 2 or more
times due to any combination of: | 22 | | (i)
a single conviction of violating Section
| 23 | | 11-501 of this Code or a similar provision of a local | 24 | | ordinance or a similar
out-of-state offense, or | 25 | | Section 9-3 of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, where the use of alcohol or |
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| 1 | | other drugs is recited as an element of the offense, or | 2 | | a similar out-of-state offense; or | 3 | | (ii)
a statutory summary suspension or revocation | 4 | | under Section
11-501.1; or | 5 | | (iii)
a suspension pursuant to Section 6-203.1;
| 6 | | arising out of
separate occurrences; or | 7 | | (B)
a person has been convicted of one violation of | 8 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 9 | | of Section 11-501 of this Code, Section 9-3 of the | 10 | | Criminal Code of 1961 or the Criminal Code of 2012, | 11 | | relating to the offense of reckless homicide where the use | 12 | | of alcohol or other drugs was recited as an element of the | 13 | | offense, or a similar provision of a law of another state;
| 14 | | that person, if issued a restricted
driving permit, may not | 15 | | operate a vehicle unless it has been equipped with an
ignition | 16 | | interlock device as defined in Section 1-129.1. | 17 | | (4)
The person issued a permit conditioned on the use of an | 18 | | ignition interlock device must pay to the Secretary of State | 19 | | DUI Administration Fund an amount
not to exceed $30 per month. | 20 | | The Secretary shall establish by rule the amount
and the | 21 | | procedures, terms, and conditions relating to these fees. | 22 | | (5)
If the restricted driving permit is issued for | 23 | | employment purposes, then
the prohibition against operating a | 24 | | motor vehicle that is not equipped with an ignition interlock | 25 | | device does not apply to the operation of an occupational | 26 | | vehicle
owned or leased by that person's employer when used |
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| 1 | | solely for employment purposes. For any person who, within a | 2 | | 5-year period, is convicted of a second or subsequent offense | 3 | | under Section 11-501 of this Code, or a similar provision of a | 4 | | local ordinance or similar out-of-state offense, this | 5 | | employment exemption does not apply until either a one-year | 6 | | period has elapsed during which that person had his or her | 7 | | driving privileges revoked or a one-year period has elapsed | 8 | | during which that person had a restricted driving permit which | 9 | | required the use of an ignition interlock device on every | 10 | | motor vehicle owned or operated by that person. | 11 | | (6)
In each case the Secretary of State may issue a
| 12 | | restricted driving permit for a period he deems appropriate, | 13 | | except that the
permit shall expire no later than 2 years from | 14 | | the date of issuance. A restricted
driving permit issued under | 15 | | this Section shall be
subject to cancellation, revocation, and | 16 | | suspension by the Secretary of
State in like manner and for | 17 | | like cause as a driver's license issued
under this Code may be | 18 | | cancelled, revoked, or
suspended; except that a conviction | 19 | | upon one or more offenses against laws or
ordinances | 20 | | regulating the movement of traffic shall be deemed sufficient | 21 | | cause
for the revocation, suspension, or cancellation of a | 22 | | restricted driving permit.
The Secretary of State may, as a | 23 | | condition to the issuance of a restricted
driving permit, | 24 | | require the petitioner to participate in a designated driver
| 25 | | remedial or rehabilitative program. The Secretary of State is | 26 | | authorized to
cancel a restricted driving permit if the permit |
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| 1 | | holder does not successfully
complete the program. However, if | 2 | | an individual's driving privileges have been
revoked in | 3 | | accordance with paragraph 13 of subsection (a) of this | 4 | | Section, no
restricted driving permit shall be issued until | 5 | | the individual has served 6
months of the revocation period.
| 6 | | (c-5) (Blank).
| 7 | | (c-6) If a person is convicted of a second violation of | 8 | | operating a motor vehicle while the person's driver's license, | 9 | | permit or privilege was revoked, where the revocation was for | 10 | | a violation of Section 9-3 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012 relating to the offense of reckless | 12 | | homicide or a similar out-of-state offense, the person's | 13 | | driving privileges shall be revoked pursuant to subdivision | 14 | | (a)(15) of this Section. The person may not make application | 15 | | for a license or permit until the expiration of five years from | 16 | | the effective date of the revocation or the expiration of five | 17 | | years from the date of release from a term of imprisonment, | 18 | | whichever is later. | 19 | | (c-7) If a person is convicted of a third or subsequent | 20 | | violation of operating a motor vehicle while the person's | 21 | | driver's license, permit or privilege was revoked, where the | 22 | | revocation was for a violation of Section 9-3 of the Criminal | 23 | | Code of 1961 or the Criminal Code of 2012 relating to the | 24 | | offense of reckless homicide or a similar out-of-state | 25 | | offense, the person may never apply for a license or permit. | 26 | | (d)(1) Whenever a person under the age of 21 is convicted |
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| 1 | | under Section
11-501 of this Code or a similar provision of a | 2 | | local ordinance or a similar out-of-state offense, the
| 3 | | Secretary of State shall revoke the driving privileges of that | 4 | | person. One
year after the date of revocation, and upon | 5 | | application, the Secretary of
State may, if satisfied that the | 6 | | person applying will not endanger the
public safety or | 7 | | welfare, issue a restricted driving permit granting the
| 8 | | privilege of driving a motor vehicle only between the hours of | 9 | | 5 a.m. and 9
p.m. or as otherwise provided by this Section for | 10 | | a period of one year.
After this one-year period, and upon | 11 | | reapplication for a license as
provided in Section 6-106, upon | 12 | | payment of the appropriate reinstatement
fee provided under | 13 | | paragraph (b) of Section 6-118, the Secretary of State,
in his | 14 | | discretion, may
reinstate the petitioner's driver's license | 15 | | and driving privileges, or extend the restricted driving | 16 | | permit as many times as the
Secretary of State deems | 17 | | appropriate, by additional periods of not more than
24 months | 18 | | each.
| 19 | | (2) If a person's license or permit is revoked or | 20 | | suspended due to 2 or
more convictions of violating | 21 | | Section 11-501 of this Code or a similar
provision of a | 22 | | local ordinance or a similar out-of-state offense, or | 23 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 24 | | Code of 2012, where the use of alcohol or other drugs is | 25 | | recited as an element of the offense, or a similar | 26 | | out-of-state offense, or a combination of these offenses, |
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| 1 | | arising out
of separate occurrences, that person, if | 2 | | issued a restricted driving permit,
may not operate a | 3 | | vehicle unless it has been equipped with an ignition
| 4 | | interlock device as defined in Section 1-129.1.
| 5 | | (3) If a person's license or permit is revoked or | 6 | | suspended 2 or more times
due to any combination of: | 7 | | (A) a single conviction of violating Section | 8 | | 11-501
of this
Code or a similar provision of a local | 9 | | ordinance or a similar out-of-state
offense, or | 10 | | Section 9-3 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012, where the use of alcohol or | 12 | | other drugs is recited as an element of the offense, or | 13 | | a similar out-of-state offense; or | 14 | | (B)
a statutory summary suspension or revocation | 15 | | under Section 11-501.1; or | 16 | | (C) a suspension pursuant to Section 6-203.1; | 17 | | arising out of separate occurrences, that person, if | 18 | | issued a
restricted
driving permit, may not operate a | 19 | | vehicle unless it has been equipped with an
ignition | 20 | | interlock device as defined in Section 1-129.1. | 21 | | (3.5) If a person's license or permit is revoked or | 22 | | suspended due to a conviction for a violation of | 23 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 24 | | of Section 11-501 of this Code, or a similar provision of a | 25 | | local ordinance or similar out-of-state offense, that | 26 | | person, if issued a restricted driving permit, may not |
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| 1 | | operate a vehicle unless it has been equipped with an | 2 | | ignition interlock device as defined in Section 1-129.1. | 3 | | (4)
The person issued a permit conditioned upon the | 4 | | use of an interlock device must pay to the Secretary of | 5 | | State DUI Administration Fund an amount
not to exceed $30 | 6 | | per month. The Secretary shall establish by rule the | 7 | | amount
and the procedures, terms, and conditions relating | 8 | | to these fees. | 9 | | (5)
If the restricted driving permit is issued for | 10 | | employment purposes, then
the prohibition against driving | 11 | | a vehicle that is not equipped with an ignition interlock | 12 | | device does not apply to the operation of an occupational | 13 | | vehicle
owned or leased by that person's employer when | 14 | | used solely for employment purposes. For any person who, | 15 | | within a 5-year period, is convicted of a second or | 16 | | subsequent offense under Section 11-501 of this Code, or a | 17 | | similar provision of a local ordinance or similar | 18 | | out-of-state offense, this employment exemption does not | 19 | | apply until either a one-year period has elapsed during | 20 | | which that person had his or her driving privileges | 21 | | revoked or a one-year period has elapsed during which that | 22 | | person had a restricted driving permit which required the | 23 | | use of an ignition interlock device on every motor vehicle | 24 | | owned or operated by that person. | 25 | | (6) A
restricted driving permit issued under this | 26 | | Section shall be subject to
cancellation, revocation, and |
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| 1 | | suspension by the Secretary of State in like
manner and | 2 | | for like cause as a driver's license issued under this | 3 | | Code may be
cancelled, revoked, or suspended; except that | 4 | | a conviction upon one or more
offenses against laws or | 5 | | ordinances regulating the movement of traffic
shall be | 6 | | deemed sufficient cause for the revocation, suspension, or
| 7 | | cancellation of a restricted driving permit.
| 8 | | (d-5) The revocation of the license, permit, or driving | 9 | | privileges of a person convicted of a third or subsequent | 10 | | violation of Section 6-303 of this Code committed while his or | 11 | | her driver's license, permit, or privilege was revoked because | 12 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 13 | | the Criminal Code of 2012, relating to the offense of reckless | 14 | | homicide, or a similar provision of a law of another state, is | 15 | | permanent. The Secretary may not, at any time, issue a license | 16 | | or permit to that person.
| 17 | | (e) This Section is subject to the provisions of the | 18 | | Driver License
Compact.
| 19 | | (f) Any revocation imposed upon any person under | 20 | | subsections 2
and 3 of paragraph (b) that is in effect on | 21 | | December 31, 1988 shall be
converted to a suspension for a like | 22 | | period of time.
| 23 | | (g) The Secretary of State shall not issue a restricted | 24 | | driving permit to
a person under the age of 16 years whose | 25 | | driving privileges have been revoked
under any provisions of | 26 | | this Code.
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| 1 | | (h) The Secretary of State shall require the use of | 2 | | ignition interlock
devices for a period not less than 5 years | 3 | | on all vehicles owned by a person who has been convicted of a
| 4 | | second or subsequent offense under Section 11-501 of this Code | 5 | | or a similar
provision of a local ordinance. The person must | 6 | | pay to the Secretary of State DUI Administration Fund an | 7 | | amount not to exceed $30 for each month that he or she uses the | 8 | | device. The Secretary shall establish by rule and
regulation | 9 | | the procedures for certification and use of the interlock
| 10 | | system, the amount of the fee, and the procedures, terms, and | 11 | | conditions relating to these fees. During the time period in | 12 | | which a person is required to install an ignition interlock | 13 | | device under this subsection (h), that person shall only | 14 | | operate vehicles in which ignition interlock devices have been | 15 | | installed, except as allowed by subdivision (c)(5) or (d)(5) | 16 | | of this Section. Regardless of whether an exemption under | 17 | | subdivision (c) (5) or (d) (5) applies, every person subject | 18 | | to this subsection shall not be eligible for reinstatement | 19 | | until the person installs an ignition interlock device and | 20 | | maintains the ignition interlock device for 5 years.
| 21 | | (i) (Blank).
| 22 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 23 | | State may not issue a restricted driving permit for the | 24 | | operation of a commercial motor vehicle to a person holding a | 25 | | CDL whose driving privileges have been revoked, suspended, | 26 | | cancelled, or disqualified under any provisions of this Code.
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| 1 | | (k) The Secretary of State shall notify by mail any person | 2 | | whose driving privileges have been revoked under paragraph 16 | 3 | | of subsection (a) of this Section that his or her driving | 4 | | privileges and driver's license will be revoked 90 days from | 5 | | the date of the mailing of the notice. | 6 | | (Source: P.A. 100-223, eff. 8-18-17; 100-803, eff. 1-1-19; | 7 | | 101-623, eff. 7-1-20 .)
| 8 | | (625 ILCS 5/6-206)
| 9 | | (Text of Section before amendment by P.A. 101-90, 101-470, | 10 | | and 101-623 ) | 11 | | Sec. 6-206. Discretionary authority to suspend or revoke | 12 | | license or
permit; right to a hearing.
| 13 | | (a) The Secretary of State is authorized to suspend or | 14 | | revoke the
driving privileges of any person without | 15 | | preliminary hearing upon a showing
of the person's records or | 16 | | other sufficient evidence that
the person:
| 17 | | 1. Has committed an offense for which mandatory | 18 | | revocation of
a driver's license or permit is required | 19 | | upon conviction;
| 20 | | 2. Has been convicted of not less than 3 offenses | 21 | | against traffic
regulations governing the movement of | 22 | | vehicles committed within any 12-month 12
month period. No | 23 | | revocation or suspension shall be entered more than
6 | 24 | | months after the date of last conviction;
| 25 | | 3. Has been repeatedly involved as a driver in motor |
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| 1 | | vehicle
collisions or has been repeatedly convicted of | 2 | | offenses against laws and
ordinances regulating the | 3 | | movement of traffic, to a degree that
indicates lack of | 4 | | ability to exercise ordinary and reasonable care in
the | 5 | | safe operation of a motor vehicle or disrespect for the | 6 | | traffic laws
and the safety of other persons upon the | 7 | | highway;
| 8 | | 4. Has by the unlawful operation of a motor vehicle | 9 | | caused or
contributed to an accident resulting in injury | 10 | | requiring
immediate professional treatment in a medical | 11 | | facility or doctor's office
to any person, except that any | 12 | | suspension or revocation imposed by the
Secretary of State | 13 | | under the provisions of this subsection shall start no
| 14 | | later than 6 months after being convicted of violating a | 15 | | law or
ordinance regulating the movement of traffic, which | 16 | | violation is related
to the accident, or shall start not | 17 | | more than one year
after
the date of the accident, | 18 | | whichever date occurs later;
| 19 | | 5. Has permitted an unlawful or fraudulent use of a | 20 | | driver's
license, identification card, or permit;
| 21 | | 6. Has been lawfully convicted of an offense or | 22 | | offenses in another
state, including the authorization | 23 | | contained in Section 6-203.1, which
if committed within | 24 | | this State would be grounds for suspension or revocation;
| 25 | | 7. Has refused or failed to submit to an examination | 26 | | provided for by
Section 6-207 or has failed to pass the |
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| 1 | | examination;
| 2 | | 8. Is ineligible for a driver's license or permit | 3 | | under the provisions
of Section 6-103;
| 4 | | 9. Has made a false statement or knowingly concealed a | 5 | | material fact
or has used false information or | 6 | | identification in any application for a
license, | 7 | | identification card, or permit;
| 8 | | 10. Has possessed, displayed, or attempted to | 9 | | fraudulently use any
license, identification card, or | 10 | | permit not issued to the person;
| 11 | | 11. Has operated a motor vehicle upon a highway of | 12 | | this State when
the person's driving privilege or | 13 | | privilege to obtain a driver's license
or permit was | 14 | | revoked or suspended unless the operation was authorized | 15 | | by
a monitoring device driving permit, judicial driving | 16 | | permit issued prior to January 1, 2009, probationary | 17 | | license to drive, or a restricted
driving permit issued | 18 | | under this Code;
| 19 | | 12. Has submitted to any portion of the application | 20 | | process for
another person or has obtained the services of | 21 | | another person to submit to
any portion of the application | 22 | | process for the purpose of obtaining a
license, | 23 | | identification card, or permit for some other person;
| 24 | | 13. Has operated a motor vehicle upon a highway of | 25 | | this State when
the person's driver's license or permit | 26 | | was invalid under the provisions of
Sections 6-107.1 and
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| 1 | | 6-110;
| 2 | | 14. Has committed a violation of Section 6-301, | 3 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | 4 | | 14B of the Illinois Identification Card
Act;
| 5 | | 15. Has been convicted of violating Section 21-2 of | 6 | | the Criminal Code
of 1961 or the Criminal Code of 2012 | 7 | | relating to criminal trespass to vehicles in which case, | 8 | | the suspension
shall be for one year;
| 9 | | 16. Has been convicted of violating Section 11-204 of | 10 | | this Code relating
to fleeing from a peace officer;
| 11 | | 17. Has refused to submit to a test, or tests, as | 12 | | required under Section
11-501.1 of this Code and the | 13 | | person has not sought a hearing as
provided for in Section | 14 | | 11-501.1;
| 15 | | 18. Has, since issuance of a driver's license or | 16 | | permit, been adjudged
to be afflicted with or suffering | 17 | | from any mental disability or disease;
| 18 | | 19. Has committed a violation of paragraph (a) or (b) | 19 | | of Section 6-101
relating to driving without a driver's | 20 | | license;
| 21 | | 20. Has been convicted of violating Section 6-104 | 22 | | relating to
classification of driver's license;
| 23 | | 21. Has been convicted of violating Section 11-402 of
| 24 | | this Code relating to leaving the scene of an accident | 25 | | resulting in damage
to a vehicle in excess of $1,000, in | 26 | | which case the suspension shall be
for one year;
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| 1 | | 22. Has used a motor vehicle in violating paragraph | 2 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 3 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 4 | | relating
to unlawful use of weapons, in which case the | 5 | | suspension shall be for one
year;
| 6 | | 23. Has, as a driver, been convicted of committing a | 7 | | violation of
paragraph (a) of Section 11-502 of this Code | 8 | | for a second or subsequent
time within one year of a | 9 | | similar violation;
| 10 | | 24. Has been convicted by a court-martial or punished | 11 | | by non-judicial
punishment by military authorities of the | 12 | | United States at a military
installation in Illinois or in | 13 | | another state of or for a traffic-related traffic related | 14 | | offense that is the
same as or similar to an offense | 15 | | specified under Section 6-205 or 6-206 of
this Code;
| 16 | | 25. Has permitted any form of identification to be | 17 | | used by another in
the application process in order to | 18 | | obtain or attempt to obtain a license,
identification | 19 | | card, or permit;
| 20 | | 26. Has altered or attempted to alter a license or has | 21 | | possessed an
altered license, identification card, or | 22 | | permit;
| 23 | | 27. Has violated Section 6-16 of the Liquor Control | 24 | | Act of 1934;
| 25 | | 28. Has been convicted for a first time of the illegal | 26 | | possession, while operating or
in actual physical control, |
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| 1 | | as a driver, of a motor vehicle, of any
controlled | 2 | | substance prohibited under the Illinois Controlled | 3 | | Substances
Act, any cannabis prohibited under the Cannabis | 4 | | Control
Act, or any methamphetamine prohibited under the | 5 | | Methamphetamine Control and Community Protection Act, in | 6 | | which case the person's driving privileges shall be | 7 | | suspended for
one year.
Any defendant found guilty of this | 8 | | offense while operating a motor vehicle ,
shall have an | 9 | | entry made in the court record by the presiding judge that
| 10 | | this offense did occur while the defendant was operating a | 11 | | motor vehicle
and order the clerk of the court to report | 12 | | the violation to the Secretary
of State;
| 13 | | 29. Has been convicted of the following offenses that | 14 | | were committed
while the person was operating or in actual | 15 | | physical control, as a driver,
of a motor vehicle: | 16 | | criminal sexual assault,
predatory criminal sexual assault | 17 | | of a child,
aggravated criminal sexual
assault, criminal | 18 | | sexual abuse, aggravated criminal sexual abuse, juvenile
| 19 | | pimping, soliciting for a juvenile prostitute, promoting | 20 | | juvenile prostitution as described in subdivision (a)(1), | 21 | | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | 22 | | of 1961 or the Criminal Code of 2012, and the manufacture, | 23 | | sale or
delivery of controlled substances or instruments | 24 | | used for illegal drug use
or abuse in which case the | 25 | | driver's driving privileges shall be suspended
for one | 26 | | year;
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| 1 | | 30. Has been convicted a second or subsequent time for | 2 | | any
combination of the offenses named in paragraph 29 of | 3 | | this subsection,
in which case the person's driving | 4 | | privileges shall be suspended for 5
years;
| 5 | | 31. Has refused to submit to a test as
required by | 6 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 7 | | Registration and Safety Act or has submitted to a test | 8 | | resulting in
an alcohol concentration of 0.08 or more or | 9 | | any amount of a drug, substance, or
compound resulting | 10 | | from the unlawful use or consumption of cannabis as listed
| 11 | | in the Cannabis Control Act, a controlled substance as | 12 | | listed in the Illinois
Controlled Substances Act, an | 13 | | intoxicating compound as listed in the Use of
Intoxicating | 14 | | Compounds Act, or methamphetamine as listed in the | 15 | | Methamphetamine Control and Community Protection Act, in | 16 | | which case the penalty shall be
as prescribed in Section | 17 | | 6-208.1;
| 18 | | 32. Has been convicted of Section 24-1.2 of the | 19 | | Criminal Code of
1961 or the Criminal Code of 2012 | 20 | | relating to the aggravated discharge of a firearm if the | 21 | | offender was
located in a motor vehicle at the time the | 22 | | firearm was discharged, in which
case the suspension shall | 23 | | be for 3 years;
| 24 | | 33. Has as a driver, who was less than 21 years of age | 25 | | on the date of
the offense, been convicted a first time of | 26 | | a violation of paragraph (a) of
Section 11-502 of this |
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| 1 | | Code or a similar provision of a local ordinance;
| 2 | | 34. Has committed a violation of Section 11-1301.5 of | 3 | | this Code or a similar provision of a local ordinance;
| 4 | | 35. Has committed a violation of Section 11-1301.6 of | 5 | | this Code or a similar provision of a local ordinance;
| 6 | | 36. Is under the age of 21 years at the time of arrest | 7 | | and has been
convicted of not less than 2 offenses against | 8 | | traffic regulations governing
the movement of vehicles | 9 | | committed within any 24-month 24 month period. No | 10 | | revocation
or suspension shall be entered more than 6 | 11 | | months after the date of last
conviction;
| 12 | | 37. Has committed a violation of subsection (c) of | 13 | | Section 11-907 of this
Code that resulted in damage to the | 14 | | property of another or the death or injury of another;
| 15 | | 38. Has been convicted of a violation of Section 6-20 | 16 | | of the Liquor
Control Act of 1934 or a similar provision of | 17 | | a local ordinance;
| 18 | | 39. Has committed a second or subsequent violation of | 19 | | Section
11-1201 of this Code;
| 20 | | 40. Has committed a violation of subsection (a-1) of | 21 | | Section 11-908 of
this Code; | 22 | | 41. Has committed a second or subsequent violation of | 23 | | Section 11-605.1 of this Code, a similar provision of a | 24 | | local ordinance, or a similar violation in any other state | 25 | | within 2 years of the date of the previous violation, in | 26 | | which case the suspension shall be for 90 days; |
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| 1 | | 42. Has committed a violation of subsection (a-1) of | 2 | | Section 11-1301.3 of this Code or a similar provision of a | 3 | | local ordinance;
| 4 | | 43. Has received a disposition of court supervision | 5 | | for a violation of subsection (a), (d), or (e) of Section | 6 | | 6-20 of the Liquor
Control Act of 1934 or a similar | 7 | | provision of a local ordinance, in which case the | 8 | | suspension shall be for a period of 3 months;
| 9 | | 44.
Is under the age of 21 years at the time of arrest | 10 | | and has been convicted of an offense against traffic | 11 | | regulations governing the movement of vehicles after | 12 | | having previously had his or her driving privileges
| 13 | | suspended or revoked pursuant to subparagraph 36 of this | 14 | | Section; | 15 | | 45.
Has, in connection with or during the course of a | 16 | | formal hearing conducted under Section 2-118 of this Code: | 17 | | (i) committed perjury; (ii) submitted fraudulent or | 18 | | falsified documents; (iii) submitted documents that have | 19 | | been materially altered; or (iv) submitted, as his or her | 20 | | own, documents that were in fact prepared or composed for | 21 | | another person; | 22 | | 46. Has committed a violation of subsection (j) of | 23 | | Section 3-413 of this Code;
| 24 | | 47. Has committed a violation of Section 11-502.1 of | 25 | | this Code; or | 26 | | 48. Has submitted a falsified or altered medical |
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| 1 | | examiner's certificate to the Secretary of State or | 2 | | provided false information to obtain a medical examiner's | 3 | | certificate. | 4 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 5 | | and 27 of this
subsection, license means any driver's license, | 6 | | any traffic ticket issued when
the person's driver's license | 7 | | is deposited in lieu of bail, a suspension
notice issued by the | 8 | | Secretary of State, a duplicate or corrected driver's
license, | 9 | | a probationary driver's license , or a temporary driver's | 10 | | license. | 11 | | (b) If any conviction forming the basis of a suspension or
| 12 | | revocation authorized under this Section is appealed, the
| 13 | | Secretary of State may rescind or withhold the entry of the | 14 | | order of suspension
or revocation, as the case may be, | 15 | | provided that a certified copy of a stay
order of a court is | 16 | | filed with the Secretary of State. If the conviction is
| 17 | | affirmed on appeal, the date of the conviction shall relate | 18 | | back to the time
the original judgment of conviction was | 19 | | entered and the 6-month 6 month limitation
prescribed shall | 20 | | not apply.
| 21 | | (c) 1. Upon suspending or revoking the driver's license or | 22 | | permit of
any person as authorized in this Section, the | 23 | | Secretary of State shall
immediately notify the person in | 24 | | writing of the revocation or suspension.
The notice to be | 25 | | deposited in the United States mail, postage prepaid,
to the | 26 | | last known address of the person.
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| 1 | | 2. If the Secretary of State suspends the driver's license
| 2 | | of a person under subsection 2 of paragraph (a) of this | 3 | | Section, a
person's privilege to operate a vehicle as an | 4 | | occupation shall not be
suspended, provided an affidavit is | 5 | | properly completed, the appropriate fee
received, and a permit | 6 | | issued prior to the effective date of the
suspension, unless 5 | 7 | | offenses were committed, at least 2 of which occurred
while | 8 | | operating a commercial vehicle in connection with the driver's
| 9 | | regular occupation. All other driving privileges shall be | 10 | | suspended by the
Secretary of State. Any driver prior to | 11 | | operating a vehicle for
occupational purposes only must submit | 12 | | the affidavit on forms to be
provided by the Secretary of State | 13 | | setting forth the facts of the person's
occupation. The | 14 | | affidavit shall also state the number of offenses
committed | 15 | | while operating a vehicle in connection with the driver's | 16 | | regular
occupation. The affidavit shall be accompanied by the | 17 | | driver's license.
Upon receipt of a properly completed | 18 | | affidavit, the Secretary of State
shall issue the driver a | 19 | | permit to operate a vehicle in connection with the
driver's | 20 | | regular occupation only. Unless the permit is issued by the
| 21 | | Secretary of State prior to the date of suspension, the | 22 | | privilege to drive
any motor vehicle shall be suspended as set | 23 | | forth in the notice that was
mailed under this Section. If an | 24 | | affidavit is received subsequent to the
effective date of this | 25 | | suspension, a permit may be issued for the remainder
of the | 26 | | suspension period.
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| 1 | | The provisions of this subparagraph shall not apply to any | 2 | | driver
required to possess a CDL for the purpose of operating a | 3 | | commercial motor vehicle.
| 4 | | Any person who falsely states any fact in the affidavit | 5 | | required
herein shall be guilty of perjury under Section 6-302 | 6 | | and upon conviction
thereof shall have all driving privileges | 7 | | revoked without further rights.
| 8 | | 3. At the conclusion of a hearing under Section 2-118 of | 9 | | this Code,
the Secretary of State shall either rescind or | 10 | | continue an order of
revocation or shall substitute an order | 11 | | of suspension; or, good
cause appearing therefor, rescind, | 12 | | continue, change, or extend the
order of suspension. If the | 13 | | Secretary of State does not rescind the order,
the Secretary | 14 | | may upon application,
to relieve undue hardship (as defined by | 15 | | the rules of the Secretary of State), issue
a restricted | 16 | | driving permit granting the privilege of driving a motor
| 17 | | vehicle between the petitioner's residence and petitioner's | 18 | | place of
employment or within the scope of the petitioner's | 19 | | employment-related employment related duties, or to
allow the | 20 | | petitioner to transport himself or herself, or a family member | 21 | | of the
petitioner's household to a medical facility, to | 22 | | receive necessary medical care, to allow the petitioner to | 23 | | transport himself or herself to and from alcohol or drug
| 24 | | remedial or rehabilitative activity recommended by a licensed | 25 | | service provider, or to allow the petitioner to transport | 26 | | himself or herself or a family member of the petitioner's |
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| 1 | | household to classes, as a student, at an accredited | 2 | | educational institution, or to allow the petitioner to | 3 | | transport children, elderly persons, or persons with | 4 | | disabilities who do not hold driving privileges and are living | 5 | | in the petitioner's household to and from daycare. The
| 6 | | petitioner must demonstrate that no alternative means of
| 7 | | transportation is reasonably available and that the petitioner | 8 | | will not endanger
the public safety or welfare.
| 9 | | (A) If a person's license or permit is revoked or | 10 | | suspended due to 2
or more convictions of violating | 11 | | Section 11-501 of this Code or a similar
provision of a | 12 | | local ordinance or a similar out-of-state offense, or | 13 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012, where the use of alcohol or other drugs is | 15 | | recited as an element of the offense, or a similar | 16 | | out-of-state offense, or a combination of these offenses, | 17 | | arising out
of separate occurrences, that person, if | 18 | | issued a restricted driving permit,
may not operate a | 19 | | vehicle unless it has been equipped with an ignition
| 20 | | interlock device as defined in Section 1-129.1.
| 21 | | (B) If a person's license or permit is revoked or | 22 | | suspended 2 or more
times due to any combination of: | 23 | | (i) a single conviction of violating Section
| 24 | | 11-501 of this Code or a similar provision of a local | 25 | | ordinance or a similar
out-of-state offense or Section | 26 | | 9-3 of the Criminal Code of 1961 or the Criminal Code |
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| 1 | | of 2012, where the use of alcohol or other drugs is | 2 | | recited as an element of the offense, or a similar | 3 | | out-of-state offense; or | 4 | | (ii) a statutory summary suspension or revocation | 5 | | under Section
11-501.1; or | 6 | | (iii) a suspension under Section 6-203.1; | 7 | | arising out of
separate occurrences; that person, if | 8 | | issued a restricted driving permit, may
not operate a | 9 | | vehicle unless it has been
equipped with an ignition | 10 | | interlock device as defined in Section 1-129.1. | 11 | | (B-5) If a person's license or permit is revoked or | 12 | | suspended due to a conviction for a violation of | 13 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 14 | | of Section 11-501 of this Code, or a similar provision of a | 15 | | local ordinance or similar out-of-state offense, that | 16 | | person, if issued a restricted driving permit, may not | 17 | | operate a vehicle unless it has been equipped with an | 18 | | ignition interlock device as defined in Section 1-129.1. | 19 | | (C)
The person issued a permit conditioned upon the | 20 | | use of an ignition interlock device must pay to the | 21 | | Secretary of State DUI Administration Fund an amount
not | 22 | | to exceed $30 per month. The Secretary shall establish by | 23 | | rule the amount
and the procedures, terms, and conditions | 24 | | relating to these fees. | 25 | | (D) If the
restricted driving permit is issued for | 26 | | employment purposes, then the prohibition against |
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| 1 | | operating a motor vehicle that is not equipped with an | 2 | | ignition interlock device does not apply to the operation | 3 | | of an occupational vehicle owned or
leased by that | 4 | | person's employer when used solely for employment | 5 | | purposes. For any person who, within a 5-year period, is | 6 | | convicted of a second or subsequent offense under Section | 7 | | 11-501 of this Code, or a similar provision of a local | 8 | | ordinance or similar out-of-state offense, this employment | 9 | | exemption does not apply until either a one-year period | 10 | | has elapsed during which that person had his or her | 11 | | driving privileges revoked or a one-year period has | 12 | | elapsed during which that person had a restricted driving | 13 | | permit which required the use of an ignition interlock | 14 | | device on every motor vehicle owned or operated by that | 15 | | person. | 16 | | (E) In each case the Secretary may issue a
restricted | 17 | | driving permit for a period deemed appropriate, except | 18 | | that all
permits shall expire no later than 2 years from | 19 | | the date of issuance. A
restricted driving permit issued | 20 | | under this Section shall be subject to
cancellation, | 21 | | revocation, and suspension by the Secretary of State in | 22 | | like
manner and for like cause as a driver's license | 23 | | issued under this Code may be
cancelled, revoked, or | 24 | | suspended; except that a conviction upon one or more
| 25 | | offenses against laws or ordinances regulating the | 26 | | movement of traffic
shall be deemed sufficient cause for |
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| 1 | | the revocation, suspension, or
cancellation of a | 2 | | restricted driving permit. The Secretary of State may, as
| 3 | | a condition to the issuance of a restricted driving | 4 | | permit, require the
applicant to participate in a | 5 | | designated driver remedial or rehabilitative
program. The | 6 | | Secretary of State is authorized to cancel a restricted
| 7 | | driving permit if the permit holder does not successfully | 8 | | complete the program.
| 9 | | (F) A person subject to the provisions of paragraph 4 | 10 | | of subsection (b) of Section 6-208 of this Code may make | 11 | | application for a restricted driving permit at a hearing | 12 | | conducted under Section 2-118 of this Code after the | 13 | | expiration of 5 years from the effective date of the most | 14 | | recent revocation or after 5 years from the date of | 15 | | release from a period of imprisonment resulting from a | 16 | | conviction of the most recent offense, whichever is later, | 17 | | provided the person, in addition to all other requirements | 18 | | of the Secretary, shows by clear and convincing evidence: | 19 | | (i) a minimum of 3 years of uninterrupted | 20 | | abstinence from alcohol and the unlawful use or | 21 | | consumption of cannabis under the Cannabis Control | 22 | | Act, a controlled substance under the Illinois | 23 | | Controlled Substances Act, an intoxicating compound | 24 | | under the Use of Intoxicating Compounds Act, or | 25 | | methamphetamine under the Methamphetamine Control and | 26 | | Community Protection Act; and |
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| 1 | | (ii) the successful completion of any | 2 | | rehabilitative treatment and involvement in any | 3 | | ongoing rehabilitative activity that may be | 4 | | recommended by a properly licensed service provider | 5 | | according to an assessment of the person's alcohol or | 6 | | drug use under Section 11-501.01 of this Code. | 7 | | In determining whether an applicant is eligible for a | 8 | | restricted driving permit under this subparagraph (F), the | 9 | | Secretary may consider any relevant evidence, including, | 10 | | but not limited to, testimony, affidavits, records, and | 11 | | the results of regular alcohol or drug tests. Persons | 12 | | subject to the provisions of paragraph 4 of subsection (b) | 13 | | of Section 6-208 of this Code and who have been convicted | 14 | | of more than one violation of paragraph (3), paragraph | 15 | | (4), or paragraph (5) of subsection (a) of Section 11-501 | 16 | | of this Code shall not be eligible to apply for a | 17 | | restricted driving permit under this subparagraph (F). | 18 | | A restricted driving permit issued under this | 19 | | subparagraph (F) shall provide that the holder may only | 20 | | operate motor vehicles equipped with an ignition interlock | 21 | | device as required under paragraph (2) of subsection (c) | 22 | | of Section 6-205 of this Code and subparagraph (A) of | 23 | | paragraph 3 of subsection (c) of this Section. The | 24 | | Secretary may revoke a restricted driving permit or amend | 25 | | the conditions of a restricted driving permit issued under | 26 | | this subparagraph (F) if the holder operates a vehicle |
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| 1 | | that is not equipped with an ignition interlock device, or | 2 | | for any other reason authorized under this Code. | 3 | | A restricted driving permit issued under this | 4 | | subparagraph (F) shall be revoked, and the holder barred | 5 | | from applying for or being issued a restricted driving | 6 | | permit in the future, if the holder is convicted of a | 7 | | violation of Section 11-501 of this Code, a similar | 8 | | provision of a local ordinance, or a similar offense in | 9 | | another state. | 10 | | (c-3) In the case of a suspension under paragraph 43 of | 11 | | subsection (a), reports received by the Secretary of State | 12 | | under this Section shall, except during the actual time the | 13 | | suspension is in effect, be privileged information and for use | 14 | | only by the courts, police officers, prosecuting authorities, | 15 | | the driver licensing administrator of any other state, the | 16 | | Secretary of State, or the parent or legal guardian of a driver | 17 | | under the age of 18. However, beginning January 1, 2008, if the | 18 | | person is a CDL holder, the suspension shall also be made | 19 | | available to the driver licensing administrator of any other | 20 | | state, the U.S. Department of Transportation, and the affected | 21 | | driver or motor
carrier or prospective motor carrier upon | 22 | | request.
| 23 | | (c-4) In the case of a suspension under paragraph 43 of | 24 | | subsection (a), the Secretary of State shall notify the person | 25 | | by mail that his or her driving privileges and driver's | 26 | | license will be suspended one month after the date of the |
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| 1 | | mailing of the notice.
| 2 | | (c-5) The Secretary of State may, as a condition of the | 3 | | reissuance of a
driver's license or permit to an applicant | 4 | | whose driver's license or permit has
been suspended before he | 5 | | or she reached the age of 21 years pursuant to any of
the | 6 | | provisions of this Section, require the applicant to | 7 | | participate in a
driver remedial education course and be | 8 | | retested under Section 6-109 of this
Code.
| 9 | | (d) This Section is subject to the provisions of the | 10 | | Driver Drivers License
Compact.
| 11 | | (e) The Secretary of State shall not issue a restricted | 12 | | driving permit to
a person under the age of 16 years whose | 13 | | driving privileges have been suspended
or revoked under any | 14 | | provisions of this Code.
| 15 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 16 | | State may not issue a restricted driving permit for the | 17 | | operation of a commercial motor vehicle to a person holding a | 18 | | CDL whose driving privileges have been suspended, revoked, | 19 | | cancelled, or disqualified under any provisions of this Code. | 20 | | (Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; | 21 | | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. | 22 | | 7-22-16; 99-642, eff. 7-28-16; 100-803, eff. 1-1-19 .) | 23 | | (Text of Section after amendment by P.A. 101-90, 101-470, | 24 | | and 101-623) | 25 | | Sec. 6-206. Discretionary authority to suspend or revoke |
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| 1 | | license or
permit; right to a hearing.
| 2 | | (a) The Secretary of State is authorized to suspend or | 3 | | revoke the
driving privileges of any person without | 4 | | preliminary hearing upon a showing
of the person's records or | 5 | | other sufficient evidence that
the person:
| 6 | | 1. Has committed an offense for which mandatory | 7 | | revocation of
a driver's license or permit is required | 8 | | upon conviction;
| 9 | | 2. Has been convicted of not less than 3 offenses | 10 | | against traffic
regulations governing the movement of | 11 | | vehicles committed within any 12-month 12
month period. No | 12 | | revocation or suspension shall be entered more than
6 | 13 | | months after the date of last conviction;
| 14 | | 3. Has been repeatedly involved as a driver in motor | 15 | | vehicle
collisions or has been repeatedly convicted of | 16 | | offenses against laws and
ordinances regulating the | 17 | | movement of traffic, to a degree that
indicates lack of | 18 | | ability to exercise ordinary and reasonable care in
the | 19 | | safe operation of a motor vehicle or disrespect for the | 20 | | traffic laws
and the safety of other persons upon the | 21 | | highway;
| 22 | | 4. Has by the unlawful operation of a motor vehicle | 23 | | caused or
contributed to an accident resulting in injury | 24 | | requiring
immediate professional treatment in a medical | 25 | | facility or doctor's office
to any person, except that any | 26 | | suspension or revocation imposed by the
Secretary of State |
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| 1 | | under the provisions of this subsection shall start no
| 2 | | later than 6 months after being convicted of violating a | 3 | | law or
ordinance regulating the movement of traffic, which | 4 | | violation is related
to the accident, or shall start not | 5 | | more than one year
after
the date of the accident, | 6 | | whichever date occurs later;
| 7 | | 5. Has permitted an unlawful or fraudulent use of a | 8 | | driver's
license, identification card, or permit;
| 9 | | 6. Has been lawfully convicted of an offense or | 10 | | offenses in another
state, including the authorization | 11 | | contained in Section 6-203.1, which
if committed within | 12 | | this State would be grounds for suspension or revocation;
| 13 | | 7. Has refused or failed to submit to an examination | 14 | | provided for by
Section 6-207 or has failed to pass the | 15 | | examination;
| 16 | | 8. Is ineligible for a driver's license or permit | 17 | | under the provisions
of Section 6-103;
| 18 | | 9. Has made a false statement or knowingly concealed a | 19 | | material fact
or has used false information or | 20 | | identification in any application for a
license, | 21 | | identification card, or permit;
| 22 | | 10. Has possessed, displayed, or attempted to | 23 | | fraudulently use any
license, identification card, or | 24 | | permit not issued to the person;
| 25 | | 11. Has operated a motor vehicle upon a highway of | 26 | | this State when
the person's driving privilege or |
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| 1 | | privilege to obtain a driver's license
or permit was | 2 | | revoked or suspended unless the operation was authorized | 3 | | by
a monitoring device driving permit, judicial driving | 4 | | permit issued prior to January 1, 2009, probationary | 5 | | license to drive, or a restricted
driving permit issued | 6 | | under this Code;
| 7 | | 12. Has submitted to any portion of the application | 8 | | process for
another person or has obtained the services of | 9 | | another person to submit to
any portion of the application | 10 | | process for the purpose of obtaining a
license, | 11 | | identification card, or permit for some other person;
| 12 | | 13. Has operated a motor vehicle upon a highway of | 13 | | this State when
the person's driver's license or permit | 14 | | was invalid under the provisions of
Sections 6-107.1 and
| 15 | | 6-110;
| 16 | | 14. Has committed a violation of Section 6-301, | 17 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | 18 | | 14B of the Illinois Identification Card
Act;
| 19 | | 15. Has been convicted of violating Section 21-2 of | 20 | | the Criminal Code
of 1961 or the Criminal Code of 2012 | 21 | | relating to criminal trespass to vehicles if the person | 22 | | exercised actual physical control over the vehicle during | 23 | | the commission of the offense, in which case the | 24 | | suspension
shall be for one year;
| 25 | | 16. Has been convicted of violating Section 11-204 of | 26 | | this Code relating
to fleeing from a peace officer;
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| 1 | | 17. Has refused to submit to a test, or tests, as | 2 | | required under Section
11-501.1 of this Code and the | 3 | | person has not sought a hearing as
provided for in Section | 4 | | 11-501.1;
| 5 | | 18. (Blank);
| 6 | | 19. Has committed a violation of paragraph (a) or (b) | 7 | | of Section 6-101
relating to driving without a driver's | 8 | | license;
| 9 | | 20. Has been convicted of violating Section 6-104 | 10 | | relating to
classification of driver's license;
| 11 | | 21. Has been convicted of violating Section 11-402 of
| 12 | | this Code relating to leaving the scene of an accident | 13 | | resulting in damage
to a vehicle in excess of $1,000, in | 14 | | which case the suspension shall be
for one year;
| 15 | | 22. Has used a motor vehicle in violating paragraph | 16 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 17 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 18 | | relating
to unlawful use of weapons, in which case the | 19 | | suspension shall be for one
year;
| 20 | | 23. Has, as a driver, been convicted of committing a | 21 | | violation of
paragraph (a) of Section 11-502 of this Code | 22 | | for a second or subsequent
time within one year of a | 23 | | similar violation;
| 24 | | 24. Has been convicted by a court-martial or punished | 25 | | by non-judicial
punishment by military authorities of the | 26 | | United States at a military
installation in Illinois or in |
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| 1 | | another state of or for a traffic-related traffic related | 2 | | offense that is the
same as or similar to an offense | 3 | | specified under Section 6-205 or 6-206 of
this Code;
| 4 | | 25. Has permitted any form of identification to be | 5 | | used by another in
the application process in order to | 6 | | obtain or attempt to obtain a license,
identification | 7 | | card, or permit;
| 8 | | 26. Has altered or attempted to alter a license or has | 9 | | possessed an
altered license, identification card, or | 10 | | permit;
| 11 | | 27. (Blank);
| 12 | | 28. Has been convicted for a first time of the illegal | 13 | | possession, while operating or
in actual physical control, | 14 | | as a driver, of a motor vehicle, of any
controlled | 15 | | substance prohibited under the Illinois Controlled | 16 | | Substances
Act, any cannabis prohibited under the Cannabis | 17 | | Control
Act, or any methamphetamine prohibited under the | 18 | | Methamphetamine Control and Community Protection Act, in | 19 | | which case the person's driving privileges shall be | 20 | | suspended for
one year.
Any defendant found guilty of this | 21 | | offense while operating a motor vehicle ,
shall have an | 22 | | entry made in the court record by the presiding judge that
| 23 | | this offense did occur while the defendant was operating a | 24 | | motor vehicle
and order the clerk of the court to report | 25 | | the violation to the Secretary
of State;
| 26 | | 29. Has been convicted of the following offenses that |
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| 1 | | were committed
while the person was operating or in actual | 2 | | physical control, as a driver,
of a motor vehicle: | 3 | | criminal sexual assault,
predatory criminal sexual assault | 4 | | of a child,
aggravated criminal sexual
assault, criminal | 5 | | sexual abuse, aggravated criminal sexual abuse, juvenile
| 6 | | pimping, soliciting for a juvenile prostitute, promoting | 7 | | juvenile prostitution as described in subdivision (a)(1), | 8 | | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | 9 | | of 1961 or the Criminal Code of 2012, and the manufacture, | 10 | | sale or
delivery of controlled substances or instruments | 11 | | used for illegal drug use
or abuse in which case the | 12 | | driver's driving privileges shall be suspended
for one | 13 | | year;
| 14 | | 30. Has been convicted a second or subsequent time for | 15 | | any
combination of the offenses named in paragraph 29 of | 16 | | this subsection,
in which case the person's driving | 17 | | privileges shall be suspended for 5
years;
| 18 | | 31. Has refused to submit to a test as
required by | 19 | | Section 11-501.6 of this Code or Section 5-16c of the Boat | 20 | | Registration and Safety Act or has submitted to a test | 21 | | resulting in
an alcohol concentration of 0.08 or more or | 22 | | any amount of a drug, substance, or
compound resulting | 23 | | from the unlawful use or consumption of cannabis as listed
| 24 | | in the Cannabis Control Act, a controlled substance as | 25 | | listed in the Illinois
Controlled Substances Act, an | 26 | | intoxicating compound as listed in the Use of
Intoxicating |
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| 1 | | Compounds Act, or methamphetamine as listed in the | 2 | | Methamphetamine Control and Community Protection Act, in | 3 | | which case the penalty shall be
as prescribed in Section | 4 | | 6-208.1;
| 5 | | 32. Has been convicted of Section 24-1.2 of the | 6 | | Criminal Code of
1961 or the Criminal Code of 2012 | 7 | | relating to the aggravated discharge of a firearm if the | 8 | | offender was
located in a motor vehicle at the time the | 9 | | firearm was discharged, in which
case the suspension shall | 10 | | be for 3 years;
| 11 | | 33. Has as a driver, who was less than 21 years of age | 12 | | on the date of
the offense, been convicted a first time of | 13 | | a violation of paragraph (a) of
Section 11-502 of this | 14 | | Code or a similar provision of a local ordinance;
| 15 | | 34. Has committed a violation of Section 11-1301.5 of | 16 | | this Code or a similar provision of a local ordinance;
| 17 | | 35. Has committed a violation of Section 11-1301.6 of | 18 | | this Code or a similar provision of a local ordinance;
| 19 | | 36. Is under the age of 21 years at the time of arrest | 20 | | and has been
convicted of not less than 2 offenses against | 21 | | traffic regulations governing
the movement of vehicles | 22 | | committed within any 24-month 24 month period. No | 23 | | revocation
or suspension shall be entered more than 6 | 24 | | months after the date of last
conviction;
| 25 | | 37. Has committed a violation of subsection (c) of | 26 | | Section 11-907 of this
Code that resulted in damage to the |
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| 1 | | property of another or the death or injury of another;
| 2 | | 38. Has been convicted of a violation of Section 6-20 | 3 | | of the Liquor
Control Act of 1934 or a similar provision of | 4 | | a local ordinance and the person was an occupant of a motor | 5 | | vehicle at the time of the violation;
| 6 | | 39. Has committed a second or subsequent violation of | 7 | | Section
11-1201 of this Code;
| 8 | | 40. Has committed a violation of subsection (a-1) of | 9 | | Section 11-908 of
this Code; | 10 | | 41. Has committed a second or subsequent violation of | 11 | | Section 11-605.1 of this Code, a similar provision of a | 12 | | local ordinance, or a similar violation in any other state | 13 | | within 2 years of the date of the previous violation, in | 14 | | which case the suspension shall be for 90 days; | 15 | | 42. Has committed a violation of subsection (a-1) of | 16 | | Section 11-1301.3 of this Code or a similar provision of a | 17 | | local ordinance;
| 18 | | 43. Has received a disposition of court supervision | 19 | | for a violation of subsection (a), (d), or (e) of Section | 20 | | 6-20 of the Liquor
Control Act of 1934 or a similar | 21 | | provision of a local ordinance and the person was an | 22 | | occupant of a motor vehicle at the time of the violation, | 23 | | in which case the suspension shall be for a period of 3 | 24 | | months;
| 25 | | 44.
Is under the age of 21 years at the time of arrest | 26 | | and has been convicted of an offense against traffic |
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| 1 | | regulations governing the movement of vehicles after | 2 | | having previously had his or her driving privileges
| 3 | | suspended or revoked pursuant to subparagraph 36 of this | 4 | | Section; | 5 | | 45.
Has, in connection with or during the course of a | 6 | | formal hearing conducted under Section 2-118 of this Code: | 7 | | (i) committed perjury; (ii) submitted fraudulent or | 8 | | falsified documents; (iii) submitted documents that have | 9 | | been materially altered; or (iv) submitted, as his or her | 10 | | own, documents that were in fact prepared or composed for | 11 | | another person; | 12 | | 46. Has committed a violation of subsection (j) of | 13 | | Section 3-413 of this Code;
| 14 | | 47. Has committed a violation of subsection (a) of | 15 | | Section 11-502.1 of this Code; | 16 | | 48. Has submitted a falsified or altered medical | 17 | | examiner's certificate to the Secretary of State or | 18 | | provided false information to obtain a medical examiner's | 19 | | certificate; or | 20 | | 49. Has been convicted of a violation of Section | 21 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to | 22 | | another, in which case the driving privileges of the | 23 | | person shall be suspended for 12 months; or | 24 | | 50. Has committed a violation of subsection (b-5) of | 25 | | Section 12-610.2 that resulted in great bodily harm, | 26 | | permanent disability, or disfigurement, in which case the |
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| 1 | | driving privileges of the person shall be suspended for 12 | 2 | | months. | 3 | | 49. Has committed a violation of subsection (b-5) of | 4 | | Section 12-610.2 that resulted in great bodily harm, | 5 | | permanent disability, or disfigurement, in which case the | 6 | | driving privileges shall be suspended for 12 months. | 7 | | 49. Has been convicted of a violation of Section | 8 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to | 9 | | another, in which case the person's driving privileges | 10 | | shall be suspended for 12 months. | 11 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 12 | | and 27 of this
subsection, license means any driver's license, | 13 | | any traffic ticket issued when
the person's driver's license | 14 | | is deposited in lieu of bail, a suspension
notice issued by the | 15 | | Secretary of State, a duplicate or corrected driver's
license, | 16 | | a probationary driver's license , or a temporary driver's | 17 | | license. | 18 | | (b) If any conviction forming the basis of a suspension or
| 19 | | revocation authorized under this Section is appealed, the
| 20 | | Secretary of State may rescind or withhold the entry of the | 21 | | order of suspension
or revocation, as the case may be, | 22 | | provided that a certified copy of a stay
order of a court is | 23 | | filed with the Secretary of State. If the conviction is
| 24 | | affirmed on appeal, the date of the conviction shall relate | 25 | | back to the time
the original judgment of conviction was | 26 | | entered and the 6-month 6 month limitation
prescribed shall |
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| 1 | | not apply.
| 2 | | (c) 1. Upon suspending or revoking the driver's license or | 3 | | permit of
any person as authorized in this Section, the | 4 | | Secretary of State shall
immediately notify the person in | 5 | | writing of the revocation or suspension.
The notice to be | 6 | | deposited in the United States mail, postage prepaid,
to the | 7 | | last known address of the person.
| 8 | | 2. If the Secretary of State suspends the driver's license
| 9 | | of a person under subsection 2 of paragraph (a) of this | 10 | | Section, a
person's privilege to operate a vehicle as an | 11 | | occupation shall not be
suspended, provided an affidavit is | 12 | | properly completed, the appropriate fee
received, and a permit | 13 | | issued prior to the effective date of the
suspension, unless 5 | 14 | | offenses were committed, at least 2 of which occurred
while | 15 | | operating a commercial vehicle in connection with the driver's
| 16 | | regular occupation. All other driving privileges shall be | 17 | | suspended by the
Secretary of State. Any driver prior to | 18 | | operating a vehicle for
occupational purposes only must submit | 19 | | the affidavit on forms to be
provided by the Secretary of State | 20 | | setting forth the facts of the person's
occupation. The | 21 | | affidavit shall also state the number of offenses
committed | 22 | | while operating a vehicle in connection with the driver's | 23 | | regular
occupation. The affidavit shall be accompanied by the | 24 | | driver's license.
Upon receipt of a properly completed | 25 | | affidavit, the Secretary of State
shall issue the driver a | 26 | | permit to operate a vehicle in connection with the
driver's |
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| 1 | | regular occupation only. Unless the permit is issued by the
| 2 | | Secretary of State prior to the date of suspension, the | 3 | | privilege to drive
any motor vehicle shall be suspended as set | 4 | | forth in the notice that was
mailed under this Section. If an | 5 | | affidavit is received subsequent to the
effective date of this | 6 | | suspension, a permit may be issued for the remainder
of the | 7 | | suspension period.
| 8 | | The provisions of this subparagraph shall not apply to any | 9 | | driver
required to possess a CDL for the purpose of operating a | 10 | | commercial motor vehicle.
| 11 | | Any person who falsely states any fact in the affidavit | 12 | | required
herein shall be guilty of perjury under Section 6-302 | 13 | | and upon conviction
thereof shall have all driving privileges | 14 | | revoked without further rights.
| 15 | | 3. At the conclusion of a hearing under Section 2-118 of | 16 | | this Code,
the Secretary of State shall either rescind or | 17 | | continue an order of
revocation or shall substitute an order | 18 | | of suspension; or, good
cause appearing therefor, rescind, | 19 | | continue, change, or extend the
order of suspension. If the | 20 | | Secretary of State does not rescind the order,
the Secretary | 21 | | may upon application,
to relieve undue hardship (as defined by | 22 | | the rules of the Secretary of State), issue
a restricted | 23 | | driving permit granting the privilege of driving a motor
| 24 | | vehicle between the petitioner's residence and petitioner's | 25 | | place of
employment or within the scope of the petitioner's | 26 | | employment-related employment related duties, or to
allow the |
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| 1 | | petitioner to transport himself or herself, or a family member | 2 | | of the
petitioner's household to a medical facility, to | 3 | | receive necessary medical care, to allow the petitioner to | 4 | | transport himself or herself to and from alcohol or drug
| 5 | | remedial or rehabilitative activity recommended by a licensed | 6 | | service provider, or to allow the petitioner to transport | 7 | | himself or herself or a family member of the petitioner's | 8 | | household to classes, as a student, at an accredited | 9 | | educational institution, or to allow the petitioner to | 10 | | transport children, elderly persons, or persons with | 11 | | disabilities who do not hold driving privileges and are living | 12 | | in the petitioner's household to and from daycare. The
| 13 | | petitioner must demonstrate that no alternative means of
| 14 | | transportation is reasonably available and that the petitioner | 15 | | will not endanger
the public safety or welfare.
| 16 | | (A) If a person's license or permit is revoked or | 17 | | suspended due to 2
or more convictions of violating | 18 | | Section 11-501 of this Code or a similar
provision of a | 19 | | local ordinance or a similar out-of-state offense, or | 20 | | Section 9-3 of the Criminal Code of 1961 or the Criminal | 21 | | Code of 2012, where the use of alcohol or other drugs is | 22 | | recited as an element of the offense, or a similar | 23 | | out-of-state offense, or a combination of these offenses, | 24 | | arising out
of separate occurrences, that person, if | 25 | | issued a restricted driving permit,
may not operate a | 26 | | vehicle unless it has been equipped with an ignition
|
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| 1 | | interlock device as defined in Section 1-129.1.
| 2 | | (B) If a person's license or permit is revoked or | 3 | | suspended 2 or more
times due to any combination of: | 4 | | (i) a single conviction of violating Section
| 5 | | 11-501 of this Code or a similar provision of a local | 6 | | ordinance or a similar
out-of-state offense or Section | 7 | | 9-3 of the Criminal Code of 1961 or the Criminal Code | 8 | | of 2012, where the use of alcohol or other drugs is | 9 | | recited as an element of the offense, or a similar | 10 | | out-of-state offense; or | 11 | | (ii) a statutory summary suspension or revocation | 12 | | under Section
11-501.1; or | 13 | | (iii) a suspension under Section 6-203.1; | 14 | | arising out of
separate occurrences; that person, if | 15 | | issued a restricted driving permit, may
not operate a | 16 | | vehicle unless it has been
equipped with an ignition | 17 | | interlock device as defined in Section 1-129.1. | 18 | | (B-5) If a person's license or permit is revoked or | 19 | | suspended due to a conviction for a violation of | 20 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 21 | | of Section 11-501 of this Code, or a similar provision of a | 22 | | local ordinance or similar out-of-state offense, that | 23 | | person, if issued a restricted driving permit, may not | 24 | | operate a vehicle unless it has been equipped with an | 25 | | ignition interlock device as defined in Section 1-129.1. | 26 | | (C)
The person issued a permit conditioned upon the |
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| 1 | | use of an ignition interlock device must pay to the | 2 | | Secretary of State DUI Administration Fund an amount
not | 3 | | to exceed $30 per month. The Secretary shall establish by | 4 | | rule the amount
and the procedures, terms, and conditions | 5 | | relating to these fees. | 6 | | (D) If the
restricted driving permit is issued for | 7 | | employment purposes, then the prohibition against | 8 | | operating a motor vehicle that is not equipped with an | 9 | | ignition interlock device does not apply to the operation | 10 | | of an occupational vehicle owned or
leased by that | 11 | | person's employer when used solely for employment | 12 | | purposes. For any person who, within a 5-year period, is | 13 | | convicted of a second or subsequent offense under Section | 14 | | 11-501 of this Code, or a similar provision of a local | 15 | | ordinance or similar out-of-state offense, this employment | 16 | | exemption does not apply until either a one-year period | 17 | | has elapsed during which that person had his or her | 18 | | driving privileges revoked or a one-year period has | 19 | | elapsed during which that person had a restricted driving | 20 | | permit which required the use of an ignition interlock | 21 | | device on every motor vehicle owned or operated by that | 22 | | person. | 23 | | (E) In each case the Secretary may issue a
restricted | 24 | | driving permit for a period deemed appropriate, except | 25 | | that all
permits shall expire no later than 2 years from | 26 | | the date of issuance. A
restricted driving permit issued |
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| 1 | | under this Section shall be subject to
cancellation, | 2 | | revocation, and suspension by the Secretary of State in | 3 | | like
manner and for like cause as a driver's license | 4 | | issued under this Code may be
cancelled, revoked, or | 5 | | suspended; except that a conviction upon one or more
| 6 | | offenses against laws or ordinances regulating the | 7 | | movement of traffic
shall be deemed sufficient cause for | 8 | | the revocation, suspension, or
cancellation of a | 9 | | restricted driving permit. The Secretary of State may, as
| 10 | | a condition to the issuance of a restricted driving | 11 | | permit, require the
applicant to participate in a | 12 | | designated driver remedial or rehabilitative
program. The | 13 | | Secretary of State is authorized to cancel a restricted
| 14 | | driving permit if the permit holder does not successfully | 15 | | complete the program.
| 16 | | (F) A person subject to the provisions of paragraph 4 | 17 | | of subsection (b) of Section 6-208 of this Code may make | 18 | | application for a restricted driving permit at a hearing | 19 | | conducted under Section 2-118 of this Code after the | 20 | | expiration of 5 years from the effective date of the most | 21 | | recent revocation or after 5 years from the date of | 22 | | release from a period of imprisonment resulting from a | 23 | | conviction of the most recent offense, whichever is later, | 24 | | provided the person, in addition to all other requirements | 25 | | of the Secretary, shows by clear and convincing evidence: | 26 | | (i) a minimum of 3 years of uninterrupted |
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| 1 | | abstinence from alcohol and the unlawful use or | 2 | | consumption of cannabis under the Cannabis Control | 3 | | Act, a controlled substance under the Illinois | 4 | | Controlled Substances Act, an intoxicating compound | 5 | | under the Use of Intoxicating Compounds Act, or | 6 | | methamphetamine under the Methamphetamine Control and | 7 | | Community Protection Act; and | 8 | | (ii) the successful completion of any | 9 | | rehabilitative treatment and involvement in any | 10 | | ongoing rehabilitative activity that may be | 11 | | recommended by a properly licensed service provider | 12 | | according to an assessment of the person's alcohol or | 13 | | drug use under Section 11-501.01 of this Code. | 14 | | In determining whether an applicant is eligible for a | 15 | | restricted driving permit under this subparagraph (F), the | 16 | | Secretary may consider any relevant evidence, including, | 17 | | but not limited to, testimony, affidavits, records, and | 18 | | the results of regular alcohol or drug tests. Persons | 19 | | subject to the provisions of paragraph 4 of subsection (b) | 20 | | of Section 6-208 of this Code and who have been convicted | 21 | | of more than one violation of paragraph (3), paragraph | 22 | | (4), or paragraph (5) of subsection (a) of Section 11-501 | 23 | | of this Code shall not be eligible to apply for a | 24 | | restricted driving permit under this subparagraph (F). | 25 | | A restricted driving permit issued under this | 26 | | subparagraph (F) shall provide that the holder may only |
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| 1 | | operate motor vehicles equipped with an ignition interlock | 2 | | device as required under paragraph (2) of subsection (c) | 3 | | of Section 6-205 of this Code and subparagraph (A) of | 4 | | paragraph 3 of subsection (c) of this Section. The | 5 | | Secretary may revoke a restricted driving permit or amend | 6 | | the conditions of a restricted driving permit issued under | 7 | | this subparagraph (F) if the holder operates a vehicle | 8 | | that is not equipped with an ignition interlock device, or | 9 | | for any other reason authorized under this Code. | 10 | | A restricted driving permit issued under this | 11 | | subparagraph (F) shall be revoked, and the holder barred | 12 | | from applying for or being issued a restricted driving | 13 | | permit in the future, if the holder is convicted of a | 14 | | violation of Section 11-501 of this Code, a similar | 15 | | provision of a local ordinance, or a similar offense in | 16 | | another state. | 17 | | (c-3) In the case of a suspension under paragraph 43 of | 18 | | subsection (a), reports received by the Secretary of State | 19 | | under this Section shall, except during the actual time the | 20 | | suspension is in effect, be privileged information and for use | 21 | | only by the courts, police officers, prosecuting authorities, | 22 | | the driver licensing administrator of any other state, the | 23 | | Secretary of State, or the parent or legal guardian of a driver | 24 | | under the age of 18. However, beginning January 1, 2008, if the | 25 | | person is a CDL holder, the suspension shall also be made | 26 | | available to the driver licensing administrator of any other |
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| 1 | | state, the U.S. Department of Transportation, and the affected | 2 | | driver or motor
carrier or prospective motor carrier upon | 3 | | request.
| 4 | | (c-4) In the case of a suspension under paragraph 43 of | 5 | | subsection (a), the Secretary of State shall notify the person | 6 | | by mail that his or her driving privileges and driver's | 7 | | license will be suspended one month after the date of the | 8 | | mailing of the notice.
| 9 | | (c-5) The Secretary of State may, as a condition of the | 10 | | reissuance of a
driver's license or permit to an applicant | 11 | | whose driver's license or permit has
been suspended before he | 12 | | or she reached the age of 21 years pursuant to any of
the | 13 | | provisions of this Section, require the applicant to | 14 | | participate in a
driver remedial education course and be | 15 | | retested under Section 6-109 of this
Code.
| 16 | | (d) This Section is subject to the provisions of the | 17 | | Driver Drivers License
Compact.
| 18 | | (e) The Secretary of State shall not issue a restricted | 19 | | driving permit to
a person under the age of 16 years whose | 20 | | driving privileges have been suspended
or revoked under any | 21 | | provisions of this Code.
| 22 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 23 | | State may not issue a restricted driving permit for the | 24 | | operation of a commercial motor vehicle to a person holding a | 25 | | CDL whose driving privileges have been suspended, revoked, | 26 | | cancelled, or disqualified under any provisions of this Code. |
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| 1 | | (Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; | 2 | | 101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-21-20.)
| 3 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| 4 | | Sec. 6-508. Commercial Driver's License (CDL) - | 5 | | qualification standards.
| 6 | | (a) Testing.
| 7 | | (1) General. No person shall be issued an original or | 8 | | renewal CDL
unless that person is
domiciled in this State | 9 | | or is applying for a non-domiciled CDL under Sections | 10 | | 6-509 and 6-510 of this Code. The Secretary shall cause to | 11 | | be administered such
tests as the Secretary deems | 12 | | necessary to meet the requirements of 49
C.F.R. Part 383, | 13 | | subparts F, G, H, and J.
| 14 | | (1.5) Effective July 1, 2014, no person shall be | 15 | | issued an original CDL or an upgraded CDL that requires a | 16 | | skills test unless that person has held a CLP, for a | 17 | | minimum of 14 calendar days, for the classification of | 18 | | vehicle and endorsement, if any, for which the person is | 19 | | seeking a CDL. | 20 | | (2) Third party testing. The Secretary of State may | 21 | | authorize a
"third party tester", pursuant to 49 C.F.R. | 22 | | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer | 23 | | the
skills test or tests specified by the Federal Motor | 24 | | Carrier Safety
Administration pursuant to the
Commercial | 25 | | Motor Vehicle Safety Act of 1986 and any appropriate |
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| 1 | | federal rule.
| 2 | | (3)(i) Effective February 7, 2020, unless the person | 3 | | is exempted by 49 CFR 380.603, no person shall be issued an | 4 | | original (first time issuance) CDL, an upgraded CDL or a | 5 | | school bus (S), passenger (P), or hazardous Materials (H) | 6 | | endorsement unless the person has successfully completed | 7 | | entry-level driver training (ELDT) taught by a training | 8 | | provider listed on the federal Training Provider Registry. | 9 | | (ii) Persons who obtain a CLP before February 7, 2020 | 10 | | are not required to complete ELDT if the person obtains a | 11 | | CDL before the CLP or renewed CLP expires. | 12 | | (iii) Except for persons seeking the H endorsement, | 13 | | persons must complete the theory and behind-the-wheel | 14 | | (range and public road) portions of ELDT within one year | 15 | | of completing the first portion. | 16 | | (iv) The Secretary shall adopt rules to implement this | 17 | | subsection.
| 18 | | (b) Waiver of Skills Test. The Secretary of State may | 19 | | waive the skills
test specified in this Section for a driver | 20 | | applicant for a commercial driver license
who meets the | 21 | | requirements of 49 C.F.R. 383.77.
The Secretary of State shall | 22 | | waive the skills tests specified in this Section for a driver | 23 | | applicant who has military commercial motor vehicle | 24 | | experience, subject to the requirements of 49 C.F.R. 383.77.
| 25 | | (b-1) No person shall be issued a CDL unless the person | 26 | | certifies to the Secretary one of the following types of |
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| 1 | | driving operations in which he or she will be engaged: | 2 | | (1) non-excepted interstate; | 3 | | (2) non-excepted intrastate; | 4 | | (3) excepted interstate; or | 5 | | (4) excepted intrastate. | 6 | | (b-2) (Blank). | 7 | | (c) Limitations on issuance of a CDL. A CDL shall not be | 8 | | issued to a person while the person is
subject to a | 9 | | disqualification from driving a commercial motor vehicle, or
| 10 | | unless otherwise permitted by this Code, while the person's | 11 | | driver's
license is suspended, revoked or cancelled in
any | 12 | | state, or any territory or province of Canada; nor may a CLP or | 13 | | CDL be issued
to a person who has a CLP or CDL issued by any | 14 | | other state, or foreign
jurisdiction, nor may a CDL be issued | 15 | | to a person who has an Illinois CLP unless the person first | 16 | | surrenders all of these
licenses or permits. However, a person | 17 | | may hold an Illinois CLP and an Illinois CDL providing the CLP | 18 | | is necessary to train or practice for an endorsement or | 19 | | vehicle classification not present on the current CDL. No CDL | 20 | | shall be issued to or renewed for a person who does not
meet | 21 | | the requirement of 49 CFR 391.41(b)(11). The requirement may | 22 | | be met with
the aid of a hearing aid.
| 23 | | (c-1) The Secretary may issue a CDL with a school bus | 24 | | driver endorsement
to allow a person to drive the type of bus | 25 | | described in subsection (d-5) of
Section 6-104 of this Code. | 26 | | The CDL with a school bus driver endorsement may be
issued only |
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| 1 | | to a person meeting the following requirements:
| 2 | | (1) the person has submitted his or her fingerprints | 3 | | to the
Department of State Police in the form and manner
| 4 | | prescribed by the Department of State Police. These
| 5 | | fingerprints shall be checked against the fingerprint | 6 | | records
now and hereafter filed in the Department of State | 7 | | Police and
Federal Bureau of Investigation criminal | 8 | | history records databases;
| 9 | | (2) the person has passed a written test, administered | 10 | | by the Secretary of
State, on charter bus operation, | 11 | | charter bus safety, and certain special
traffic laws
| 12 | | relating to school buses determined by the Secretary of | 13 | | State to be relevant to
charter buses, and submitted to a | 14 | | review of the driver applicant's driving
habits by the | 15 | | Secretary of State at the time the written test is given;
| 16 | | (3) the person has demonstrated physical fitness to | 17 | | operate school buses
by
submitting the results of a | 18 | | medical examination, including tests for drug
use; and
| 19 | | (4) the person has not been convicted of committing or | 20 | | attempting
to commit any
one or more of the following | 21 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 22 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 23 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 24 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| 25 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | 26 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, |
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| 1 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 2 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 3 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1, | 4 | | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, | 5 | | 12-4.9, 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, | 6 | | 12-7.5, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, | 7 | | 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, | 8 | | 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, | 9 | | 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, | 10 | | 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, | 11 | | 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, | 12 | | and in subsection (b) of Section 8-1, and in subdivisions | 13 | | (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), | 14 | | and (f)(1) of Section 12-3.05, and in subsection (a) and | 15 | | subsection (b), clause (1), of Section
12-4, and in | 16 | | subsection (A), clauses (a) and (b), of Section 24-3, and | 17 | | those offenses contained in Article 29D of the Criminal | 18 | | Code of 1961 or the Criminal Code of 2012; (ii) those | 19 | | offenses defined in the
Cannabis Control Act except those | 20 | | offenses defined in subsections (a) and
(b) of Section 4, | 21 | | and subsection (a) of Section 5 of the Cannabis Control
| 22 | | Act; (iii) those offenses defined in the Illinois | 23 | | Controlled Substances
Act; (iv) those offenses defined in | 24 | | the Methamphetamine Control and Community Protection Act; | 25 | | (v) any offense committed or attempted in any other state | 26 | | or against
the laws of the United States, which if |
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| 1 | | committed or attempted in this
State would be punishable | 2 | | as one or more of the foregoing offenses; (vi)
the | 3 | | offenses defined in Sections 4.1 and 5.1 of the Wrongs to | 4 | | Children Act or Section 11-9.1A of the Criminal Code of | 5 | | 1961 or the Criminal Code of 2012; (vii) those offenses | 6 | | defined in Section 6-16 of the Liquor Control Act of
1934; | 7 | | and (viii) those offenses defined in the Methamphetamine | 8 | | Precursor Control Act.
| 9 | | The Department of State Police shall charge
a fee for | 10 | | conducting the criminal history records check, which shall be
| 11 | | deposited into the State Police Services Fund and may not | 12 | | exceed the actual
cost of the records check.
| 13 | | (c-2) The Secretary shall issue a CDL with a school bus | 14 | | endorsement to allow a person to drive a school bus as defined | 15 | | in this Section. The CDL shall be issued according to the | 16 | | requirements outlined in 49 C.F.R. 383. A person may not | 17 | | operate a school bus as defined in this Section without a | 18 | | school bus endorsement. The Secretary of State may adopt rules | 19 | | consistent with Federal guidelines to implement this | 20 | | subsection (c-2).
| 21 | | (d) (Blank).
| 22 | | (Source: P.A. 101-185, eff. 1-1-20 .) | 23 | | Section 15. The Unified Code of Corrections is amended by | 24 | | changing Section 5-6-3.1 as follows:
|
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| 1 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 2 | | Sec. 5-6-3.1. Incidents and conditions of supervision.
| 3 | | (a) When a defendant is placed on supervision, the court | 4 | | shall enter
an order for supervision specifying the period of | 5 | | such supervision, and
shall defer further proceedings in the | 6 | | case until the conclusion of the
period.
| 7 | | (b) The period of supervision shall be reasonable under | 8 | | all of the
circumstances of the case, but may not be longer | 9 | | than 2 years, unless the
defendant has failed to pay the | 10 | | assessment required by Section 10.3 of the
Cannabis Control | 11 | | Act,
Section 411.2 of the Illinois Controlled
Substances Act, | 12 | | or Section 80 of the Methamphetamine Control and Community | 13 | | Protection Act, in which case the court may extend supervision | 14 | | beyond 2 years.
Additionally, the court shall order the | 15 | | defendant to perform no less than 30
hours of community | 16 | | service and not more than 120 hours of community service, if
| 17 | | community service is available in the
jurisdiction and is | 18 | | funded and approved by the county board where the offense
was | 19 | | committed,
when the offense (1) was
related to or in | 20 | | furtherance of the criminal activities of an organized gang or
| 21 | | was motivated by the defendant's membership in or allegiance | 22 | | to an organized
gang; or (2) is a violation of any Section of | 23 | | Article 24 of the Criminal
Code of 1961 or the Criminal Code of | 24 | | 2012 where a disposition of supervision is not prohibited by | 25 | | Section
5-6-1 of this Code.
The
community service shall | 26 | | include, but not be limited to, the cleanup and repair
of any |
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| 1 | | damage caused by violation of Section 21-1.3 of the Criminal | 2 | | Code of
1961 or the Criminal Code of 2012 and similar damages | 3 | | to property located within the municipality or county
in which | 4 | | the violation occurred. Where possible and reasonable, the | 5 | | community
service should be performed in the offender's | 6 | | neighborhood.
| 7 | | For the purposes of this
Section, "organized gang" has the | 8 | | meaning ascribed to it in Section 10 of the
Illinois | 9 | | Streetgang Terrorism Omnibus Prevention Act.
| 10 | | (c) The court may in addition to other reasonable | 11 | | conditions
relating to the nature of the offense or the | 12 | | rehabilitation of the
defendant as determined for each | 13 | | defendant in the proper discretion of
the court require that | 14 | | the person:
| 15 | | (1) make a report to and appear in person before or | 16 | | participate with
the court or such courts, person, or | 17 | | social service agency as directed
by the court in the | 18 | | order of supervision;
| 19 | | (2) pay a fine and costs;
| 20 | | (3) work or pursue a course of study or vocational | 21 | | training;
| 22 | | (4) undergo medical, psychological or psychiatric | 23 | | treatment; or
treatment for drug addiction or alcoholism;
| 24 | | (5) attend or reside in a facility established for the | 25 | | instruction
or residence of defendants on probation;
| 26 | | (6) support his dependents;
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| 1 | | (7) refrain from possessing a firearm or other | 2 | | dangerous weapon;
| 3 | | (8) and in addition, if a minor:
| 4 | | (i) reside with his parents or in a foster home;
| 5 | | (ii) attend school;
| 6 | | (iii) attend a non-residential program for youth;
| 7 | | (iv) contribute to his own support at home or in a | 8 | | foster home; or
| 9 | | (v) with the consent of the superintendent of the
| 10 | | facility, attend an educational program at a facility | 11 | | other than the school
in which the
offense was | 12 | | committed if he
or she is placed on supervision for a | 13 | | crime of violence as
defined in
Section 2 of the Crime | 14 | | Victims Compensation Act committed in a school, on the
| 15 | | real
property
comprising a school, or within 1,000 | 16 | | feet of the real property comprising a
school;
| 17 | | (9) make restitution or reparation in an amount not to | 18 | | exceed actual
loss or damage to property and pecuniary | 19 | | loss or make restitution under Section
5-5-6 to a domestic | 20 | | violence shelter. The court shall
determine the amount and | 21 | | conditions of payment;
| 22 | | (10) perform some reasonable public or community | 23 | | service;
| 24 | | (11) comply with the terms and conditions of an order | 25 | | of protection
issued by the court pursuant to the Illinois | 26 | | Domestic Violence Act of 1986 or
an order of protection |
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| 1 | | issued by the court of another state, tribe, or United
| 2 | | States territory.
If the court has ordered the defendant | 3 | | to make a report and appear in
person under paragraph (1) | 4 | | of this subsection, a copy of the order of
protection | 5 | | shall be transmitted to the person or agency so designated
| 6 | | by the court;
| 7 | | (12) reimburse any "local anti-crime program" as | 8 | | defined in Section 7 of
the Anti-Crime Advisory Council | 9 | | Act for any reasonable expenses incurred by the
program on | 10 | | the offender's case, not to exceed the maximum amount of | 11 | | the
fine authorized for the offense for which the | 12 | | defendant was sentenced;
| 13 | | (13) contribute a reasonable sum of money, not to
| 14 | | exceed the maximum amount of the fine authorized for the | 15 | | offense for which
the defendant was sentenced, (i) to a | 16 | | "local anti-crime program", as defined
in Section 7 of the | 17 | | Anti-Crime Advisory Council Act, or (ii) for offenses | 18 | | under the jurisdiction of the Department of Natural | 19 | | Resources, to the fund established by the Department of | 20 | | Natural Resources for the purchase of evidence for | 21 | | investigation purposes and to conduct investigations as | 22 | | outlined in Section 805-105 of the Department of Natural | 23 | | Resources (Conservation) Law;
| 24 | | (14) refrain from entering into a designated | 25 | | geographic area except
upon such terms as the court finds | 26 | | appropriate. Such terms may include
consideration of the |
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| 1 | | purpose of the entry, the time of day, other persons
| 2 | | accompanying the defendant, and advance approval by a | 3 | | probation officer;
| 4 | | (15) refrain from having any contact, directly or | 5 | | indirectly, with
certain specified persons or particular | 6 | | types of person, including but not
limited to members of | 7 | | street gangs and drug users or dealers;
| 8 | | (16) refrain from having in his or her body the | 9 | | presence of any illicit
drug prohibited by the Cannabis | 10 | | Control Act, the Illinois Controlled
Substances Act, or | 11 | | the Methamphetamine Control and Community Protection Act, | 12 | | unless prescribed by a physician, and submit samples of
| 13 | | his or her blood or urine or both for tests to determine | 14 | | the presence of any
illicit drug;
| 15 | | (17) refrain from operating any motor vehicle not | 16 | | equipped with an
ignition interlock device as defined in | 17 | | Section 1-129.1 of the Illinois
Vehicle Code; under this | 18 | | condition the court may allow a defendant who is not
| 19 | | self-employed to operate a vehicle owned by the | 20 | | defendant's employer that is
not equipped with an ignition | 21 | | interlock device in the course and scope of the
| 22 | | defendant's employment; and
| 23 | | (18) if placed on supervision for a sex offense as | 24 | | defined in subsection (a-5) of Section 3-1-2 of this Code, | 25 | | unless the offender is a parent or guardian of the person | 26 | | under 18 years of age present in the home and no |
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| 1 | | non-familial minors are present, not participate in a | 2 | | holiday event involving
children
under 18 years of age, | 3 | | such as distributing candy or other items to children on
| 4 | | Halloween,
wearing a Santa Claus costume on or preceding | 5 | | Christmas, being employed as a
department store Santa | 6 | | Claus, or wearing an Easter Bunny costume on or
preceding
| 7 | | Easter. | 8 | | (c-5) If payment of restitution as ordered has not been | 9 | | made, the victim shall file a
petition notifying the | 10 | | sentencing court, any other person to whom restitution is | 11 | | owed, and
the State's Attorney of the status of the ordered | 12 | | restitution payments unpaid at least 90
days before the | 13 | | supervision expiration date. If payment as ordered has not | 14 | | been made, the
court shall hold a review hearing prior to the | 15 | | expiration date, unless the hearing
is voluntarily waived by | 16 | | the defendant with the knowledge that waiver may result in an
| 17 | | extension of the supervision period or in a revocation of | 18 | | supervision. If the court does not
extend supervision, it | 19 | | shall issue a judgment for the unpaid restitution and direct | 20 | | the clerk
of the circuit court to file and enter the judgment | 21 | | in the judgment and lien docket, without
fee, unless it finds | 22 | | that the victim has recovered a judgment against the
defendant | 23 | | for the amount covered by the restitution order. If the court | 24 | | issues a
judgment for the unpaid restitution, the court shall | 25 | | send to the defendant at his or her last known
address written | 26 | | notification that a civil judgment has been issued for the |
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| 1 | | unpaid
restitution. | 2 | | (d) The court shall defer entering any judgment on the | 3 | | charges
until the conclusion of the supervision.
| 4 | | (e) At the conclusion of the period of supervision, if the | 5 | | court
determines that the defendant has successfully complied | 6 | | with all of the
conditions of supervision, the court shall | 7 | | discharge the defendant and
enter a judgment dismissing the | 8 | | charges.
| 9 | | (f) Discharge and dismissal upon a successful conclusion | 10 | | of a
disposition of supervision shall be deemed without | 11 | | adjudication of guilt
and shall not be termed a conviction for | 12 | | purposes of disqualification or
disabilities imposed by law | 13 | | upon conviction of a crime. Two years after the
discharge and | 14 | | dismissal under this Section, unless the disposition of
| 15 | | supervision was for a violation of Sections 3-707, 3-708, | 16 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 17 | | similar
provision of a local ordinance, or for a violation of | 18 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | 19 | | or the Criminal Code of 2012, in which case it shall be 5
years | 20 | | after discharge and dismissal, a person may have his record
of | 21 | | arrest sealed or expunged as may be provided by law. However, | 22 | | any
defendant placed on supervision before January 1, 1980, | 23 | | may move for
sealing or expungement of his arrest record, as | 24 | | provided by law, at any
time after discharge and dismissal | 25 | | under this Section.
A person placed on supervision for a | 26 | | sexual offense committed against a minor
as defined in clause |
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| 1 | | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | 2 | | for a violation of Section 11-501 of the Illinois Vehicle Code | 3 | | or a
similar provision of a local ordinance
shall not have his | 4 | | or her record of arrest sealed or expunged.
| 5 | | (g) A defendant placed on supervision and who during the | 6 | | period of
supervision undergoes mandatory drug or alcohol | 7 | | testing, or both, or is
assigned to be placed on an approved | 8 | | electronic monitoring device, shall be
ordered to pay the | 9 | | costs incidental to such mandatory drug or alcohol
testing, or | 10 | | both, and costs incidental to such approved electronic
| 11 | | monitoring in accordance with the defendant's ability to pay | 12 | | those costs.
The county board with the concurrence of the | 13 | | Chief Judge of the judicial
circuit in which the county is | 14 | | located shall establish reasonable fees for
the cost of | 15 | | maintenance, testing, and incidental expenses related to the
| 16 | | mandatory drug or alcohol testing, or both, and all costs | 17 | | incidental to
approved electronic monitoring, of all | 18 | | defendants placed on supervision.
The concurrence of the Chief | 19 | | Judge shall be in the form of an
administrative order.
The fees | 20 | | shall be collected by the clerk of the circuit court, except as | 21 | | provided in an administrative order of the Chief Judge of the | 22 | | circuit court. The clerk of
the circuit court shall pay all | 23 | | moneys collected from these fees to the county
treasurer who | 24 | | shall use the moneys collected to defray the costs of
drug | 25 | | testing, alcohol testing, and electronic monitoring.
The | 26 | | county treasurer shall deposit the fees collected in the
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| 1 | | county working cash fund under Section 6-27001 or Section | 2 | | 6-29002 of the
Counties Code, as the case may be.
| 3 | | The Chief Judge of the circuit court of the county may by | 4 | | administrative order establish a program for electronic | 5 | | monitoring of offenders, in which a vendor supplies and | 6 | | monitors the operation of the electronic monitoring device, | 7 | | and collects the fees on behalf of the county. The program | 8 | | shall include provisions for indigent offenders and the | 9 | | collection of unpaid fees. The program shall not unduly burden | 10 | | the offender and shall be subject to review by the Chief Judge. | 11 | | The Chief Judge of the circuit court may suspend any | 12 | | additional charges or fees for late payment, interest, or | 13 | | damage to any device. | 14 | | (h) A disposition of supervision is a final order for the | 15 | | purposes
of appeal.
| 16 | | (i) The court shall impose upon a defendant placed on | 17 | | supervision
after January 1, 1992 or to community service | 18 | | under the supervision of a
probation or court services | 19 | | department after January 1, 2004, as a condition
of | 20 | | supervision or supervised community service, a fee of $50 for
| 21 | | each month of supervision or supervised community service | 22 | | ordered by the
court, unless after
determining the inability | 23 | | of the person placed on supervision or supervised
community | 24 | | service to pay the
fee, the court assesses a lesser fee. The | 25 | | court may not impose the fee on a
minor who is placed in the | 26 | | guardianship or custody of the Department of Children and |
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| 1 | | Family Services under the Juvenile Court Act of 1987
while the | 2 | | minor is in placement.
The fee shall be imposed only upon a
| 3 | | defendant who is actively supervised by the
probation and | 4 | | court services
department. The fee shall be collected by the | 5 | | clerk of the circuit court.
The clerk of the circuit court | 6 | | shall pay all monies collected from this fee
to the county | 7 | | treasurer for deposit in the probation and court services
fund | 8 | | pursuant to Section 15.1 of the Probation and
Probation | 9 | | Officers Act.
| 10 | | A circuit court may not impose a probation fee in excess of | 11 | | $25
per month unless the circuit court has adopted, by | 12 | | administrative
order issued by the chief judge, a standard | 13 | | probation fee guide
determining an offender's ability to pay. | 14 | | Of the
amount collected as a probation fee, not to exceed $5 of | 15 | | that fee
collected per month may be used to provide services to | 16 | | crime victims
and their families. | 17 | | The Court may only waive probation fees based on an | 18 | | offender's ability to pay. The probation department may | 19 | | re-evaluate an offender's ability to pay every 6 months, and, | 20 | | with the approval of the Director of Court Services or the | 21 | | Chief Probation Officer, adjust the monthly fee amount. An | 22 | | offender may elect to pay probation fees due in a lump sum.
Any | 23 | | offender that has been assigned to the supervision of a | 24 | | probation department, or has been transferred either under | 25 | | subsection (h) of this Section or under any interstate | 26 | | compact, shall be required to pay probation fees to the |
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| 1 | | department supervising the offender, based on the offender's | 2 | | ability to pay.
| 3 | | (j) All fines and costs imposed under this Section for any
| 4 | | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 5 | | Code, or a
similar provision of a local ordinance, and any | 6 | | violation of the Child
Passenger Protection Act, or a similar | 7 | | provision of a local ordinance, shall
be collected and | 8 | | disbursed by the circuit clerk as provided under the Criminal | 9 | | and Traffic Assessment Act.
| 10 | | (k) A defendant at least 17 years of age who is placed on | 11 | | supervision
for a misdemeanor in a county of 3,000,000 or more | 12 | | inhabitants
and who has not been previously convicted of a | 13 | | misdemeanor or felony
may as a condition of his or her | 14 | | supervision be required by the court to
attend educational | 15 | | courses designed to prepare the defendant for a high school
| 16 | | diploma and to work toward a high school diploma or to work | 17 | | toward passing high school equivalency testing or to work
| 18 | | toward completing a vocational training program approved by | 19 | | the court. The
defendant placed on supervision must attend a | 20 | | public institution of education
to obtain the educational or | 21 | | vocational training required by this subsection
(k). The | 22 | | defendant placed on supervision shall be required to pay for | 23 | | the cost
of the educational courses or high school equivalency | 24 | | testing if a fee is charged for those courses
or testing. The | 25 | | court shall revoke the supervision of a person who wilfully | 26 | | fails
to comply with this subsection (k). The court shall |
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| 1 | | resentence the defendant
upon revocation of supervision as | 2 | | provided in Section 5-6-4. This subsection
(k) does not apply | 3 | | to a defendant who has a high school diploma or has
| 4 | | successfully passed high school equivalency testing. This | 5 | | subsection (k) does not apply to a
defendant who is determined | 6 | | by the court to be a person with a developmental disability or
| 7 | | otherwise mentally incapable of completing the
educational or | 8 | | vocational program.
| 9 | | (l) The court shall require a defendant placed on | 10 | | supervision for
possession of a substance
prohibited by the | 11 | | Cannabis Control Act, the Illinois Controlled Substances Act, | 12 | | or the Methamphetamine Control and Community Protection Act
| 13 | | after a previous conviction or disposition of supervision for | 14 | | possession of a
substance prohibited by the Cannabis Control | 15 | | Act, the Illinois Controlled
Substances Act, or the | 16 | | Methamphetamine Control and Community Protection Act or a | 17 | | sentence of probation under Section 10 of the Cannabis
Control | 18 | | Act or Section 410 of the Illinois Controlled Substances Act
| 19 | | and after a finding by the court that the person is addicted, | 20 | | to undergo
treatment at a substance abuse program approved by | 21 | | the court.
| 22 | | (m) The Secretary of State shall require anyone placed on | 23 | | court supervision
for a
violation of Section 3-707 of the | 24 | | Illinois Vehicle Code or a similar provision
of a local | 25 | | ordinance
to give proof of his or her financial
responsibility | 26 | | as
defined in Section 7-315 of the Illinois Vehicle Code. The |
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| 1 | | proof shall be
maintained by the individual in a manner | 2 | | satisfactory to the Secretary of State
for
a
minimum period of | 3 | | 3 years after the date the proof is first filed.
The proof | 4 | | shall be limited to a single action per arrest and may not be
| 5 | | affected by any post-sentence disposition. The Secretary of | 6 | | State shall
suspend the driver's license of any person
| 7 | | determined by the Secretary to be in violation of this | 8 | | subsection. This subsection does not apply to a person who, at | 9 | | the time of the offense, was operating a motor vehicle | 10 | | registered in a state other than Illinois. | 11 | | (n) Any offender placed on supervision for any offense | 12 | | that the court or probation department has determined to be | 13 | | sexually motivated as defined in the Sex Offender Management | 14 | | Board Act shall be required to refrain from any contact, | 15 | | directly or indirectly, with any persons specified by the | 16 | | court and shall be available for all evaluations and treatment | 17 | | programs required by the court or the probation department.
| 18 | | (o) An offender placed on supervision for a sex offense as | 19 | | defined in the Sex Offender
Management Board Act shall refrain | 20 | | from residing at the same address or in the same condominium | 21 | | unit or apartment unit or in the same condominium complex or | 22 | | apartment complex with another person he or she knows or | 23 | | reasonably should know is a convicted sex offender or has been | 24 | | placed on supervision for a sex offense. The provisions of | 25 | | this subsection (o) do not apply to a person convicted of a sex | 26 | | offense who is placed in a Department of Corrections licensed |
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| 1 | | transitional housing facility for sex offenders. | 2 | | (p) An offender placed on supervision for an offense | 3 | | committed on or after June 1, 2008
(the effective date of | 4 | | Public Act 95-464)
that would qualify the accused as a child | 5 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 7 | | refrain from communicating with or contacting, by means of the | 8 | | Internet, a person who is not related to the accused and whom | 9 | | the accused reasonably believes to be under 18 years of age. | 10 | | For purposes of this subsection (p), "Internet" has the | 11 | | meaning ascribed to it in Section 16-0.1 of the Criminal Code | 12 | | of 2012; and a person is not related to the accused if the | 13 | | person is not: (i) the spouse, brother, or sister of the | 14 | | accused; (ii) a descendant of the accused; (iii) a first or | 15 | | second cousin of the accused; or (iv) a step-child or adopted | 16 | | child of the accused.
| 17 | | (q) An offender placed on supervision for an offense | 18 | | committed on or after June 1, 2008
(the effective date of | 19 | | Public Act 95-464)
that would qualify the accused as a child | 20 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 21 | | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | 22 | | ordered by the court, refrain from communicating with or | 23 | | contacting, by means of the Internet, a person who is related | 24 | | to the accused and whom the accused reasonably believes to be | 25 | | under 18 years of age. For purposes of this subsection (q), | 26 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of |
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| 1 | | the Criminal Code of 2012; and a person is related to the | 2 | | accused if the person is: (i) the spouse, brother, or sister of | 3 | | the accused; (ii) a descendant of the accused; (iii) a first or | 4 | | second cousin of the accused; or (iv) a step-child or adopted | 5 | | child of the accused.
| 6 | | (r) An offender placed on supervision for an offense under | 7 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | 8 | | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | 9 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 10 | | 2012, or any attempt to commit any of these offenses, | 11 | | committed on or after June 1, 2009 (the effective date of | 12 | | Public Act 95-983) shall: | 13 | | (i) not access or use a computer or any other device | 14 | | with Internet capability without the prior written | 15 | | approval of the court, except in connection with the | 16 | | offender's employment or search for employment with the | 17 | | prior approval of the court; | 18 | | (ii) submit to periodic unannounced examinations of | 19 | | the offender's computer or any other device with Internet | 20 | | capability by the offender's probation officer, a law | 21 | | enforcement officer, or assigned computer or information | 22 | | technology specialist, including the retrieval and copying | 23 | | of all data from the computer or device and any internal or | 24 | | external peripherals and removal of such information, | 25 | | equipment, or device to conduct a more thorough | 26 | | inspection; |
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| 1 | | (iii) submit to the installation on the offender's | 2 | | computer or device with Internet capability, at the | 3 | | offender's expense, of one or more hardware or software | 4 | | systems to monitor the Internet use; and | 5 | | (iv) submit to any other appropriate restrictions | 6 | | concerning the offender's use of or access to a computer | 7 | | or any other device with Internet capability imposed by | 8 | | the court. | 9 | | (s) An offender placed on supervision for an offense that | 10 | | is a sex offense as defined in Section 2 of the Sex Offender | 11 | | Registration Act that is committed on or after January 1, 2010 | 12 | | (the effective date of Public Act 96-362) that requires the | 13 | | person to register as a sex offender under that Act, may not | 14 | | knowingly use any computer scrub software on any computer that | 15 | | the sex offender uses. | 16 | | (t) An offender placed on supervision for a sex offense as | 17 | | defined in the Sex Offender
Registration Act committed on or | 18 | | after January 1, 2010 (the effective date of Public Act | 19 | | 96-262) shall refrain from accessing or using a social | 20 | | networking website as defined in Section 17-0.5 of the | 21 | | Criminal Code of 2012. | 22 | | (u) Jurisdiction over an offender may be transferred from | 23 | | the sentencing court to the court of another circuit with the | 24 | | concurrence of both courts. Further transfers or retransfers | 25 | | of jurisdiction are also authorized in the same manner. The | 26 | | court to which jurisdiction has been transferred shall have |
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| 1 | | the same powers as the sentencing court. The probation | 2 | | department within the circuit to which jurisdiction has been | 3 | | transferred may impose probation fees upon receiving the | 4 | | transferred offender, as provided in subsection (i). The | 5 | | probation department from the original sentencing court shall | 6 | | retain all probation fees collected prior to the transfer. | 7 | | (Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; | 8 | | 99-642, eff. 7-28-16; 99-797, eff. 8-12-16; 100-159, eff. | 9 | | 8-18-17; 100-201, eff. 8-18-17; 100-987, eff. 7-1-19 .) | 10 | | Section 95. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act.
| 17 | | Section 999. Effective date. This Act takes effect upon | 18 | | becoming law.
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