(625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
Sec. 6-117. Records to be kept by the Secretary of State.
(a) The Secretary of State shall file every application for a license or
permit accepted under this Chapter, and shall maintain suitable
indexes thereof. The records of the Secretary of State shall indicate the
action taken with respect to such applications.
(b) The Secretary of State shall maintain appropriate records of all
licenses and permits refused, cancelled, disqualified, revoked, or suspended and of the
revocation,
suspension, and disqualification of driving privileges of persons not licensed
under this Chapter, and such records shall note the reasons for such
action.
(c) The Secretary of State shall maintain appropriate records of
convictions reported under this Chapter. Records of conviction may be
maintained in a computer processible medium.
(d) The Secretary of State may also maintain appropriate records of any
crash reports received.
(e) The Secretary of State shall also maintain appropriate records
of any disposition of supervision or records
relative
to a driver's referral to a driver remedial or rehabilitative program, as
required by the Secretary of State or the courts. Such records shall only
be available for use by the Secretary, the driver licensing administrator of any other state, law enforcement agencies, the
courts, and the affected driver or, upon proper verification,
such affected driver's attorney.
(f) The Secretary of State shall also maintain or contract to maintain
appropriate records of all photographs and signatures obtained in the process
of issuing any driver's license, permit, or identification card. The record
shall be confidential and shall not be disclosed except to those entities
listed under Section 6-110.1 of this Code.
(g) The Secretary of State may establish a First Person Consent organ and tissue donor registry in compliance with subsection (b-1) of Section 5-20 of the Illinois Anatomical Gift Act, as follows: (1) The Secretary shall offer, to each applicant for |
| issuance or renewal of a driver's license or identification card who is 16 years of age or older, the opportunity to have his or her name included in the First Person Consent organ and tissue donor registry. The Secretary must advise the applicant or licensee that he or she is under no compulsion to have his or her name included in the registry. An individual who agrees to having his or her name included in the First Person Consent organ and tissue donor registry has given full legal consent to the donation of any of his or her organs or tissue upon his or her death. A brochure explaining this method of executing an anatomical gift must be given to each applicant for issuance or renewal of a driver's license or identification card. The brochure must advise the applicant or licensee (i) that he or she is under no compulsion to have his or her name included in this registry and (ii) that he or she may wish to consult with family, friends, or clergy before doing so.
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(2) The Secretary of State may establish additional
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| methods by which an individual may have his or her name included in the First Person Consent organ and tissue donor registry.
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(3) When an individual has agreed to have his or her
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| name included in the First Person Consent organ and tissue donor registry, the Secretary of State shall note that agreement in the First Person consent organ and tissue donor registry. Representatives of federally designated organ procurement agencies and tissue banks and the offices of Illinois county coroners and medical examiners may inquire of the Secretary of State whether a potential organ donor's name is included in the First Person Consent organ and tissue donor registry, and the Secretary of State may provide that information to the representative.
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(4) An individual may withdraw his or her consent to
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| be listed in the First Person Consent organ and tissue donor registry maintained by the Secretary of State by notifying the Secretary of State in writing, or by any other means approved by the Secretary, of the individual's decision to have his or her name removed from the registry.
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(5) The Secretary of State may undertake additional
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| efforts, including education and awareness activities, to promote organ and tissue donation.
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(6) In the absence of gross negligence or willful
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| misconduct, the Secretary of State and his or her employees are immune from any civil or criminal liability in connection with an individual's consent to be listed in the organ and tissue donor registry.
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(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/6-118)
Sec. 6-118. Fees. (a) The fees for licenses and permits under this
Article are as follows: Original driver's license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$30 Original or renewal driver's license issued to 18, 19 and 20 year olds . . . . . . . . . . . . . . . . . . .
5 All driver's licenses for persons age 69 through age 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 All driver's licenses for persons age 81 through age 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 All driver's licenses for persons age 87 or older . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0 Renewal driver's license (except for applicants ages 18, 19 and 20 or age 69 and older) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Original instruction permit issued to persons (except those age 69 and older) who do not hold or have not previously held an Illinois instruction permit or driver's license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Instruction permit issued to any person holding an Illinois driver's license who wishes a change in classifications, other than at the time of renewal . . . . . . . . . . . . . . . . . . .
5 Any instruction permit issued to a person age 69 and older . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Instruction permit issued to any person, under age 69, not currently holding a valid Illinois driver's license or instruction permit but who has previously been issued either document in Illinois . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Restricted driving permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Monitoring device driving permit . . . . . . . . . . . . . . . . . . . . . . .
8 Duplicate or corrected driver's license or permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Duplicate or corrected restricted driving permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Duplicate or corrected monitoring device driving permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Duplicate driver's license or permit issued to an active-duty member of the United States Armed Forces, the member's spouse, or the dependent children living with the member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0 Original or renewal M or L endorsement . . . . . . . . . . . . . . . . . .
5 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE The fees for commercial driver licenses and permits |
| under Article V shall be as follows:
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Commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund
(Commercial Driver's License Information
System/American Association of Motor Vehicle
Administrators network/National Motor Vehicle
Title Information Service Trust Fund);
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license;
and $24 for the CDL: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$60
Renewal commercial driver's license:
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier Safety Inspection Fund;
$10 for the driver's license; and
$24 for the CDL: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$60
Commercial learner's permit
issued to any person holding a valid
Illinois driver's license for the
purpose of changing to a
CDL classification: $6 for the
CDLIS/AAMVAnet/NMVTIS Trust Fund;
$20 for the Motor Carrier
Safety Inspection Fund; and
$24 for the CDL classification . . . . . . . . . . . . . . . . . . . .
$50
Commercial learner's permit
issued to any person holding a valid
Illinois CDL for the purpose of
making a change in a classification,
endorsement or restriction . . . . . . . . . . . . . . . . . . . . . . . . .
$5
CDL duplicate or corrected license . . . . . . . . . . . . . . . . . . . . .
$5
In order to ensure the proper implementation of the Uniform Commercial
Driver License Act, Article V of this Chapter, the Secretary of State is
empowered to prorate the $24 fee for the commercial driver's license
proportionate to the expiration date of the applicant's Illinois driver's
license.
The fee for any duplicate license or permit shall be waived for any
person who presents the Secretary of State's office with a
police report showing that his license or permit was stolen.
The fee for any duplicate license or permit shall be waived for any
person age 60 or older whose driver's license or permit has been lost or stolen.
No additional fee shall be charged for a driver's license, or for a
commercial driver's license, when issued
to the holder of an instruction permit for the same classification or
type of license who becomes eligible for such
license.
The fee for a restricted driving permit under this subsection (a) shall be imposed annually until the expiration of the permit.
(a-5) The fee for a driver's record or data contained therein is $20 and shall be disbursed as set forth in subsection (k) of Section 2-123 of this Code.
(b) Any person whose license or privilege to operate a motor vehicle
in this State has been suspended or revoked under Section 3-707, any
provision of
Chapter 6, Chapter 11, or Section 7-205, 7-303, or 7-702 of the Family
Financial
Responsibility Law of this Code, shall in addition to any other
fees required by this Code, pay a reinstatement fee as follows:
Suspension under Section 3-707 . . . . . . . . . . . . . . . . . . . . . .
$100
Suspension under Section 11-1431 . . . . . . . . . . . . . . . . . . . . .
$100
Summary suspension under Section 11-501.1 . . . . . . . . . . . .
$250
Suspension under Section 11-501.9 . . . . . . . . . . . . . . . . . . . .
$250
Summary revocation under Section 11-501.1 . . . . . . . . . . . . .
$500
Other suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$70
Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$500
However, any person whose license or privilege to operate a motor vehicle
in this State has been suspended or revoked for a second or subsequent time
for a violation of Section 11-501, 11-501.1, or 11-501.9
of this Code or a similar provision of a local ordinance
or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
and each suspension or revocation was for a violation of Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense
or Section
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
shall pay, in addition to any other
fees required by this Code, a
reinstatement
fee as follows:
Summary suspension under Section 11-501.1 . . . . . . . . . . . . .
$500
Suspension under Section 11-501.9 . . . . . . . . . . . . . . . . . . . .
$500
Summary revocation under Section 11-501.1 . . . . . . . . . . . . .
$500
Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$500
(c) All fees collected under the provisions of this Chapter 6 shall be disbursed under subsection (g) of Section 2-119 of this Code,
except as follows:
1. The following amounts shall be paid into the
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(A) $16 of the $20 fee for an original driver's
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(B) $5 of the $30 fee for an original driver's
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(C) $5 of the $30 fee for a 4 year renewal
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(D) $4 of the $8 fee for a restricted driving
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(E) $4 of the $8 fee for a monitoring device
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2. $30 of the $250 fee for reinstatement of a license
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| summarily suspended under Section 11-501.1 or suspended under Section 11-501.9 shall be deposited into the Drunk and Drugged Driving Prevention Fund. However, for a person whose license or privilege to operate a motor vehicle in this State has been suspended or revoked for a second or subsequent time for a violation of Section 11-501, 11-501.1, or 11-501.9 of this Code or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, $190 of the $500 fee for reinstatement of a license summarily suspended under Section 11-501.1 or suspended under Section 11-501.9, and $190 of the $500 fee for reinstatement of a revoked license shall be deposited into the Drunk and Drugged Driving Prevention Fund. $190 of the $500 fee for reinstatement of a license summarily revoked pursuant to Section 11-501.1 shall be deposited into the Drunk and Drugged Driving Prevention Fund.
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3. $6 of the original or renewal fee for a commercial
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| driver's license and $6 of the commercial learner's permit fee when the permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund.
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4. $30 of the $70 fee for reinstatement of a license
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| suspended under the Family Financial Responsibility Law shall be paid into the Family Responsibility Fund.
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5. The $5 fee for each original or renewal M or L
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| endorsement shall be deposited into the Cycle Rider Safety Training Fund.
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6. $20 of any original or renewal fee for a
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| commercial driver's license or commercial learner's permit shall be paid into the Motor Carrier Safety Inspection Fund.
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7. The following amounts shall be paid into the
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(A) $190 of the $250 reinstatement fee for a
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| summary suspension under Section 11-501.1 or a suspension under Section 11-501.9;
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(B) $40 of the $70 reinstatement fee for any
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| other suspension provided in subsection (b) of this Section; and
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(C) $440 of the $500 reinstatement fee for a
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| first offense revocation and $310 of the $500 reinstatement fee for a second or subsequent revocation.
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8. Fees collected under paragraph (4) of subsection
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| (d) and subsection (h) of Section 6-205 of this Code; subparagraph (C) of paragraph 3 of subsection (c) of Section 6-206 of this Code; and paragraph (4) of subsection (a) of Section 6-206.1 of this Code, shall be paid into the funds set forth in those Sections.
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(d) All of the proceeds of the additional fees imposed by this amendatory Act of the 96th General Assembly shall be deposited into the Capital Projects Fund.
(e) The additional fees imposed by this amendatory Act of the 96th General Assembly shall become effective 90 days after becoming law. The additional fees imposed by this amendatory Act of the 103rd General Assembly shall become effective July 1, 2023 and shall be paid into the Secretary of State Special Services Fund.
(f) As used in this Section, "active-duty member of the United States Armed Forces" means a member of the Armed Services or Reserve Forces of the United States or a member of the Illinois National Guard who is called to active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor.
(Source: P.A. 103-8, eff. 7-1-23.)
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(625 ILCS 5/6-121) (Text of Section before amendment by P.A. 103-210 ) Sec. 6-121. Issuance of confidential drivers' licenses. (a) Requirements for use of confidential drivers' licenses. Confidential drivers' licenses may be issued to local, state, and federal government agencies for bona fide law enforcement purposes. The drivers' licenses may be issued with fictitious names and addresses, and may be used only for confidential, investigative, or undercover law enforcement operations. Confidential drivers' licenses may be issued as REAL ID compliant or non-compliant driver's licenses. (b) Application procedures for confidential drivers' licenses: (1) Applications by local, state, and federal |
| government agencies for confidential drivers' licenses must be made to the Secretary of State Police Department on a form and in a manner prescribed by the Secretary of State Police Department.
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(2) The application form must include information,
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| as specific as possible without compromising investigations or techniques, setting forth the need for the drivers' licenses and the uses to which the licenses will be limited.
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(3) The application form must be signed and verified
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| by the local, state, or federal government agency head or designee.
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(4) Registration information maintained by the
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| Secretary of State Police Department for confidential drivers' licenses must show the fictitious names and addresses on all records subject to public disclosure. All other information concerning these confidential drivers' licenses are exempt from disclosure unless the disclosure is ordered by a court of competent jurisdiction.
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(c) Revocation and cancellation procedures for confidential drivers' licenses:
(1) The Secretary of State Police Department may
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| revoke or refuse to renew confidential drivers' licenses when they have reasonable cause to believe the licenses are being used for purposes other than those set forth in the application form or authorized by this Section. Confidential drivers' licenses may also be revoked where traffic violation citations have been issued to the driver and subsequent investigation reveals that the issuance of the citations was unrelated to the purposes for which the confidential driver's license was issued. In such cases, the citations and any resulting court orders, convictions, supervisions or other sanctions must be treated by the Secretary of State as though they were issued in relation to the true driver's license of the individual to whom the confidential driver's license was issued.
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(2) A government agency must request cancellation of
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| confidential drivers' licenses that are no longer required for the purposes for which they were issued.
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(3) All revoked confidential drivers' licenses must
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| be promptly returned to the Secretary of State Police Department by the government agency to which they were issued.
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(Source: P.A. 100-248, eff. 8-22-17.)
(Text of Section after amendment by P.A. 103-210 )
Sec. 6-121. Issuance of confidential drivers' licenses.
(a) Requirements for use of confidential drivers' licenses. Confidential drivers' licenses may be issued to local, state, and federal government agencies for bona fide law enforcement purposes. The drivers' licenses may be issued with fictitious names and addresses, and may be used only for confidential, investigative, or undercover law enforcement operations. Confidential drivers' licenses may be issued as REAL ID compliant or standard driver's licenses.
(b) Application procedures for confidential drivers' licenses:
(1) Applications by local, state, and federal
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| government agencies for confidential drivers' licenses must be made to the Secretary of State Police Department on a form and in a manner prescribed by the Secretary of State Police Department.
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(2) The application form must include information,
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| as specific as possible without compromising investigations or techniques, setting forth the need for the drivers' licenses and the uses to which the licenses will be limited.
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(3) The application form must be signed and verified
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| by the local, state, or federal government agency head or designee.
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(4) Registration information maintained by the
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| Secretary of State Police Department for confidential drivers' licenses must show the fictitious names and addresses on all records subject to public disclosure. All other information concerning these confidential drivers' licenses are exempt from disclosure unless the disclosure is ordered by a court of competent jurisdiction.
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(c) Revocation and cancellation procedures for confidential drivers' licenses:
(1) The Secretary of State Police Department may
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| revoke or refuse to renew confidential drivers' licenses when they have reasonable cause to believe the licenses are being used for purposes other than those set forth in the application form or authorized by this Section. Confidential drivers' licenses may also be revoked where traffic violation citations have been issued to the driver and subsequent investigation reveals that the issuance of the citations was unrelated to the purposes for which the confidential driver's license was issued. In such cases, the citations and any resulting court orders, convictions, supervisions or other sanctions must be treated by the Secretary of State as though they were issued in relation to the true driver's license of the individual to whom the confidential driver's license was issued.
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(2) A government agency must request cancellation of
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| confidential drivers' licenses that are no longer required for the purposes for which they were issued.
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(3) All revoked confidential drivers' licenses must
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| be promptly returned to the Secretary of State Police Department by the government agency to which they were issued.
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(Source: P.A. 103-210, eff. 7-1-24.)
|
(625 ILCS 5/6-201)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any license or permit
upon determining that the holder thereof:
1. was not entitled to the issuance thereof |
|
2. failed to give the required or correct information
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3. failed to pay any fees owed to the Secretary of
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| State under this Code for the license or permit; or
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4. committed any fraud in the making of such
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5. is ineligible therefor under the provisions of
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| Section 6-103 of this Act, as amended; or
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6. has refused or neglected to submit an alcohol,
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| drug, and intoxicating compound evaluation or to submit to examination or re-examination as required under this Act; or
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7. has been convicted of violating the Cannabis
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| Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Use of Intoxicating Compounds Act while that individual was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. After the cancellation, the Secretary of State shall not issue a new license or permit for a period of one year after the date of cancellation. However, upon application, the Secretary of State may, if satisfied that the person applying will not endanger the public safety, or welfare, issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of the petitioner's employment related duties, or to allow transportation for the petitioner or a household member of the petitioner's family for the receipt of necessary medical care, or provide transportation for the petitioner to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or for the petitioner to attend classes, as a student, in an accredited educational institution. The petitioner must demonstrate that no alternative means of transportation is reasonably available; provided that the Secretary's discretion shall be limited to cases where undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue such restricted driving permit. In each case the Secretary of State may issue such restricted driving permit for such period as he deems appropriate, except that such permit shall expire no later than 2 years from the date of issuance. A restricted driving permit issued hereunder shall be subject to cancellation, revocation and suspension by the Secretary of State in like manner and for like cause as a driver's license issued hereunder may be cancelled, revoked or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a driver remedial or rehabilitative program. In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been revoked, suspended, cancelled, or disqualified under this Code; or
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8. failed to submit a report as required by Section
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9. has been convicted of a sex offense as defined in
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| the Sex Offender Registration Act. The driver's license shall remain cancelled until the driver registers as a sex offender as required by the Sex Offender Registration Act, proof of the registration is furnished to the Secretary of State and the sex offender provides proof of current address to the Secretary; or
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10. is ineligible for a license or permit under
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| Section 6-107, 6-107.1, or 6-108 of this Code; or
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11. refused or neglected to appear at a Driver
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| Services facility to have the license or permit corrected and a new license or permit issued or to present documentation for verification of identity; or
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12. failed to submit a medical examiner's certificate
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| or medical variance as required by 49 C.F.R. 383.71 or submitted a fraudulent medical examiner's certificate or medical variance; or
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13. has had his or her medical examiner's
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| certificate, medical variance, or both removed or rescinded by the Federal Motor Carrier Safety Administration; or
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14. failed to self-certify as to the type of driving
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| in which the CDL driver engages or expects to engage; or
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15. has submitted acceptable documentation indicating
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| out-of-state residency to the Secretary of State to be released from the requirement of showing proof of financial responsibility in this State; or
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16. was convicted of fraud relating to the testing or
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| issuance of a CDL or CLP, in which case only the CDL or CLP shall be cancelled. After cancellation, the Secretary shall not issue a CLP or CDL for a period of one year from the date of cancellation; or
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17. has a special restricted license under subsection
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| (g) of Section 6-113 of this Code and failed to submit the required annual vision specialist report that the special restricted license holder's vision has not changed; or
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18. has a special restricted license under subsection
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| (g) of Section 6-113 of this Code and was convicted or received court supervision for a violation of this Code that occurred during nighttime hours or was involved in a motor vehicle crash during nighttime hours in which the restricted license holder was at fault; or
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19. has assisted an out-of-state resident in
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| acquiring an Illinois driver's license or identification card by providing or allowing the out-of-state resident to use his or her Illinois address of residence and is complicit in distributing and forwarding the Illinois driver's license or identification card to the out-of-state resident.
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(b) Upon such cancellation the licensee or permittee must surrender the
license or permit so cancelled to the Secretary of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the Secretary of State
shall have exclusive authority to grant, issue, deny, cancel, suspend and
revoke driving privileges, drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement this Section.
(Source: P.A. 101-623, eff. 7-1-20; 102-982, eff. 7-1-23 .)
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(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When court to forward license and reports.
(a) For the purpose of providing to the Secretary of State the records
essential to the performance of the Secretary's duties under this Code to
cancel, revoke or suspend the driver's license and privilege to drive motor
vehicles of certain minors and of persons
found guilty of the criminal offenses or traffic violations
which this Code recognizes as evidence relating to unfitness to safely operate
motor vehicles, the following duties are imposed upon public officials:
(1) Whenever any person is convicted of any offense |
| for which this Code makes mandatory the cancellation or revocation of the driver's license or permit of such person by the Secretary of State, the judge of the court in which such conviction is had shall require the surrender to the clerk of the court of all driver's licenses or permits then held by the person so convicted, and the clerk of the court shall, within 5 days thereafter, forward the same, together with a report of such conviction, to the Secretary.
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(2) Whenever any person is convicted of any offense
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| under this Code or similar offenses under a municipal ordinance, other than regulations governing standing, parking or weights of vehicles, and excepting the following enumerated Sections of this Code: Sections 11-1406 (obstruction to driver's view or control), 11-1407 (improper opening of door into traffic), 11-1410 (coasting on downgrade), 11-1411 (following fire apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving vehicle which is in unsafe condition or improperly equipped), 12-201(a) (daytime lights on motorcycles), 12-202 (clearance, identification and side marker lamps), 12-204 (lamp or flag on projecting load), 12-205 (failure to display the safety lights required), 12-401 (restrictions as to tire equipment), 12-502 (mirrors), 12-503 (windshields must be unobstructed and equipped with wipers), 12-601 (horns and warning devices), 12-602 (mufflers, prevention of noise or smoke), 12-603 (seat safety belts), 12-702 (certain vehicles to carry flares or other warning devices), 12-703 (vehicles for oiling roads operated on highways), 12-710 (splash guards and replacements), 13-101 (safety tests), 15-101 (size, weight and load), 15-102 (width), 15-103 (height), 15-104 (name and address on second division vehicles), 15-107 (length of vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights), 15-112 (weights), 15-301 (weights), 15-316 (weights), 15-318 (weights), and also excepting the following enumerated Sections of the Chicago Municipal Code: Sections 27-245 (following fire apparatus), 27-254 (obstruction of traffic), 27-258 (driving vehicle which is in unsafe condition), 27-259 (coasting on downgrade), 27-264 (use of horns and signal devices), 27-265 (obstruction to driver's view or driver mechanism), 27-267 (dimming of headlights), 27-268 (unattended motor vehicle), 27-272 (illegal funeral procession), 27-273 (funeral procession on boulevard), 27-275 (driving freight hauling vehicles on boulevard), 27-276 (stopping and standing of buses or taxicabs), 27-277 (cruising of public passenger vehicles), 27-305 (parallel parking), 27-306 (diagonal parking), 27-307 (parking not to obstruct traffic), 27-308 (stopping, standing or parking regulated), 27-311 (parking regulations), 27-312 (parking regulations), 27-313 (parking regulations), 27-314 (parking regulations), 27-315 (parking regulations), 27-316 (parking regulations), 27-317 (parking regulations), 27-318 (parking regulations), 27-319 (parking regulations), 27-320 (parking regulations), 27-321 (parking regulations), 27-322 (parking regulations), 27-324 (loading and unloading at an angle), 27-333 (wheel and axle loads), 27-334 (load restrictions in the downtown district), 27-335 (load restrictions in residential areas), 27-338 (width of vehicles), 27-339 (height of vehicles), 27-340 (length of vehicles), 27-352 (reflectors on trailers), 27-353 (mufflers), 27-354 (display of plates), 27-355 (display of city vehicle tax sticker), 27-357 (identification of vehicles), 27-358 (projecting of loads), and also excepting the following enumerated paragraphs of Section 2-201 of the Rules and Regulations of the Illinois State Toll Highway Authority: (l) (driving unsafe vehicle on tollway), (m) (vehicles transporting dangerous cargo not properly indicated), it shall be the duty of the clerk of the court in which such conviction is had within 5 days thereafter to forward to the Secretary of State a report of the conviction and the court may recommend the suspension of the driver's license or permit of the person so convicted.
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The reporting requirements of this subsection shall
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| apply to all violations stated in paragraphs (1) and (2) of this subsection when the individual has been adjudicated under the Juvenile Court Act or the Juvenile Court Act of 1987. Such reporting requirements shall also apply to individuals adjudicated under the Juvenile Court Act or the Juvenile Court Act of 1987 who have committed a violation of Section 11-501 of this Code, or similar provision of a local ordinance, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or Section 5-7 of the Snowmobile Registration and Safety Act or Section 5-16 of the Boat Registration and Safety Act, relating to the offense of operating a snowmobile or a watercraft while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof. These reporting requirements also apply to individuals adjudicated under the Juvenile Court Act of 1987 based on any offense determined to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, if those activities involved the operation or use of a motor vehicle. It shall be the duty of the clerk of the court in which adjudication is had within 5 days thereafter to forward to the Secretary of State a report of the adjudication and the court order requiring the Secretary of State to suspend the minor's driver's license and driving privilege for such time as determined by the court, but only until he or she attains the age of 18 years. All juvenile court dispositions reported to the Secretary of State under this provision shall be processed by the Secretary of State as if the cases had been adjudicated in traffic or criminal court. However, information reported relative to the offense of reckless homicide, or Section 11-501 of this Code, or a similar provision of a local ordinance, shall be privileged and available only to the Secretary of State, courts, and police officers.
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The reporting requirements of this subsection (a)
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| apply to all violations listed in paragraphs (1) and (2) of this subsection (a), excluding parking violations, when the driver holds a CLP or CDL, regardless of the type of vehicle in which the violation occurred, or when any driver committed the violation in a commercial motor vehicle as defined in Section 6-500 of this Code.
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(3) Whenever an order is entered revoking pretrial
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| release given to secure appearance for any offense under this Code or similar offenses under municipal ordinance, it shall be the duty of the clerk of the court in which such revocation was had or the judge of such court if such court has no clerk, within 5 days thereafter to forward to the Secretary of State a report of the revocation.
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(4) A report of any disposition of court supervision
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| for a violation of Sections 6-303, 11-401, 11-501 or a similar provision of a local ordinance, 11-503, 11-504, and 11-506 of this Code, Section 5-7 of the Snowmobile Registration and Safety Act, and Section 5-16 of the Boat Registration and Safety Act shall be forwarded to the Secretary of State. A report of any disposition of court supervision for a violation of an offense defined as a serious traffic violation in this Code or a similar provision of a local ordinance committed by a person under the age of 21 years shall be forwarded to the Secretary of State.
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(5) Reports of conviction under this Code and
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| sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium shall be forwarded to the Secretary of State via the Supreme Court in the form and format required by the Illinois Supreme Court and established by a written agreement between the Supreme Court and the Secretary of State. In counties with a population over 300,000, instead of forwarding reports to the Supreme Court, reports of conviction under this Code and sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium may be forwarded to the Secretary of State by the Circuit Court Clerk in a form and format required by the Secretary of State and established by written agreement between the Circuit Court Clerk and the Secretary of State. Failure to forward the reports of conviction or sentencing hearing under the Juvenile Court Act of 1987 as required by this Section shall be deemed an omission of duty and it shall be the duty of the several State's Attorneys to enforce the requirements of this Section.
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(b) Whenever a restricted driving permit is forwarded to a court, as a
result of confiscation by a police officer pursuant to the authority in
Section 6-113(f), it shall be the duty of the clerk, or judge, if the court
has no clerk, to forward such restricted driving permit and a facsimile of
the officer's citation to the Secretary of State as expeditiously as
practicable.
(c) For the purposes of this Code, a revocation of pretrial release that has not been vacated, or the failure of a defendant to appear for trial
after depositing his driver's license, shall be
equivalent to a conviction.
(d) For the purpose of providing the Secretary of State with records
necessary to properly monitor and assess driver performance and assist the
courts in the proper disposition of repeat traffic law offenders, the clerk
of the court shall forward to the Secretary of State,
on a form prescribed
by the Secretary, records of a driver's participation in a driver remedial
or rehabilitative program which was required, through a court order or court
supervision, in relation to the driver's arrest for a violation of Section
11-501 of this Code or a similar provision of a local ordinance.
The clerk of the court shall also forward to the Secretary, either on
paper or in an electronic format or a computer processible medium as required
under paragraph (5) of subsection (a) of this Section, any disposition
of court supervision for any traffic violation,
excluding those offenses listed in paragraph (2)
of subsection (a) of this Section.
These reports
shall be sent within 5
days after disposition, or, if
the driver is
referred to a driver
remedial or rehabilitative program, within 5 days of the driver's referral
to that program.
These reports received by the Secretary of State, including those required to
be forwarded under paragraph (a)(4), shall be privileged information, available
only (i) to the affected driver, (ii) to the parent or guardian of a person under the age of 18 years holding an instruction permit or a graduated driver's license, and (iii) for use by the courts, police
officers, prosecuting authorities, the Secretary of State, and the driver licensing administrator of any other state. In accordance with 49 C.F.R. Part 384, all reports of court supervision, except violations related to parking, shall be forwarded to the Secretary of State for all holders of a CLP or CDL or any driver who commits an offense while driving a commercial motor vehicle. These reports shall be recorded to the driver's record as a conviction for use in the disqualification of the driver's commercial motor vehicle privileges and shall not be privileged information.
(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit; hardship cases.
(a) Except as provided in this Section, the Secretary of State shall
immediately revoke the license, permit, or driving privileges of
any driver upon receiving a
report of the driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of |
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2. Violation of Section 11-501 of this Code or a
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| similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;
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3. Any felony under the laws of any State or the
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| federal government in the commission of which a motor vehicle was used;
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4. Violation of Section 11-401 of this Code relating
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| to the offense of leaving the scene of a traffic crash involving death or personal injury;
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5. Perjury or the making of a false affidavit or
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| statement under oath to the Secretary of State under this Code or under any other law relating to the ownership or operation of motor vehicles;
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6. Conviction upon 3 charges of violation of Section
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| 11-503 of this Code relating to the offense of reckless driving committed within a period of 12 months;
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7. Conviction of any offense defined in Section 4-102
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| of this Code if the person exercised actual physical control over the vehicle during the commission of the offense;
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8. Violation of Section 11-504 of this Code relating
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| to the offense of drag racing;
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9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
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| 1961 or the Criminal Code of 2012 arising from the use of a motor vehicle;
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11. Violation of Section 11-204.1 of this Code
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| relating to aggravated fleeing or attempting to elude a peace officer;
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12. Violation of paragraph (1) of subsection (b) of
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| Section 6-507, or a similar law of any other state, relating to the unlawful operation of a commercial motor vehicle;
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13. Violation of paragraph (a) of Section 11-502 of
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| this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense;
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14. Violation of paragraph (a) of Section 11-506 of
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| this Code or a similar provision of a local ordinance relating to the offense of street racing;
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15. A second or subsequent conviction of driving
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| while the person's driver's license, permit or privileges was revoked for reckless homicide or a similar out-of-state offense;
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16. Any offense against any provision in this Code,
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| or any local ordinance, regulating the movement of traffic when that offense was the proximate cause of the death of any person. Any person whose driving privileges have been revoked pursuant to this paragraph may seek to have the revocation terminated or to have the length of revocation reduced by requesting an administrative hearing with the Secretary of State prior to the projected driver's license application eligibility date;
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17. Violation of subsection (a-2) of Section
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| 11-1301.3 of this Code or a similar provision of a local ordinance;
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18. A second or subsequent conviction of illegal
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| possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act. A defendant found guilty of this offense while operating a motor vehicle shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State;
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19. Violation of subsection (a) of Section 11-1414 of
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| this Code, or a similar provision of a local ordinance, relating to the offense of overtaking or passing of a school bus when the driver, in committing the violation, is involved in a motor vehicle crash that results in death to another and the violation is a proximate cause of the death.
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(b) The Secretary of State shall also immediately revoke the license
or permit of any driver in the following situations:
1. Of any minor upon receiving the notice provided
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| for in Section 5-901 of the Juvenile Court Act of 1987 that the minor has been adjudicated under that Act as having committed an offense relating to motor vehicles prescribed in Section 4-103 of this Code;
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2. Of any person when any other law of this State
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| requires either the revocation or suspension of a license or permit;
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3. Of any person adjudicated under the Juvenile Court
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| Act of 1987 based on an offense determined to have been committed in furtherance of the criminal activities of an organized gang as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The revocation shall remain in effect for the period determined by the court.
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(c)(1) Whenever a person is convicted of any of the offenses enumerated in
this Section, the court may recommend and the Secretary of State in his
discretion, without regard to whether the recommendation is made by the
court may, upon application,
issue to the person a
restricted driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's place
of employment or within the scope of the petitioner's employment related
duties, or to allow the petitioner to transport himself or herself or a family member
of the petitioner's household to a medical facility for the receipt of necessary medical care or to allow the
petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children, elderly persons, or persons with disabilities who do not hold driving privileges and are living in the petitioner's household to and from daycare; if the petitioner is able to demonstrate that no alternative means
of transportation is reasonably available and that the petitioner will not endanger
the public safety or welfare; provided that the Secretary's discretion shall be
limited to cases where undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue the
restricted driving permit.
(1.5) A person subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code may make application for a restricted driving permit at a hearing conducted under Section 2-118 of this Code after the expiration of 5 years from the effective date of the most recent revocation, or after 5 years from the date of release from a period of imprisonment resulting from a conviction of the most recent offense, whichever is later, provided the person, in addition to all other requirements of the Secretary, shows by clear and convincing evidence:
(A) a minimum of 3 years of uninterrupted
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| abstinence from alcohol and the unlawful use or consumption of cannabis under the Cannabis Control Act, a controlled substance under the Illinois Controlled Substances Act, an intoxicating compound under the Use of Intoxicating Compounds Act, or methamphetamine under the Methamphetamine Control and Community Protection Act; and
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(B) the successful completion of any rehabilitative
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| treatment and involvement in any ongoing rehabilitative activity that may be recommended by a properly licensed service provider according to an assessment of the person's alcohol or drug use under Section 11-501.01 of this Code.
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In determining whether an applicant is eligible for a restricted driving permit under this paragraph (1.5), the Secretary may consider any relevant evidence, including, but not limited to, testimony, affidavits, records, and the results of regular alcohol or drug tests. Persons subject to the provisions of paragraph 4 of subsection (b) of Section 6-208 of this Code and who have been convicted of more than one violation of paragraph (3), paragraph (4), or paragraph (5) of subsection (a) of Section 11-501 of this Code shall not be eligible to apply for a restricted driving permit.
A restricted driving permit issued under this paragraph (1.5) shall provide that the holder may only operate motor vehicles equipped with an ignition interlock device as required under paragraph (2) of subsection (c) of this Section and subparagraph (A) of paragraph 3 of subsection (c) of Section 6-206 of this Code. The Secretary may revoke a restricted driving permit or amend the conditions of a restricted driving permit issued under this paragraph (1.5) if the holder operates a vehicle that is not equipped with an ignition interlock device, or for any other reason authorized under this Code.
A restricted driving permit issued under this paragraph (1.5) shall be revoked, and the holder barred from applying for or being issued a restricted driving permit in the future, if the holder is subsequently convicted of a violation of Section 11-501 of this Code, a similar provision of a local ordinance, or a similar offense in another state.
(2) If a person's license or permit is revoked or suspended due to 2 or
more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out
of separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
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| suspended 2 or more times due to any combination of:
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(i) a single conviction of violating Section
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| 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense; or
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(ii) a statutory summary suspension or
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| revocation under Section 11-501.1; or
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(iii)
a suspension pursuant to Section 6-203.1;
arising out of
separate occurrences; or
(B) a person has been convicted of one violation of
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| subparagraph (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide where the use of alcohol or other drugs was recited as an element of the offense, or a similar provision of a law of another state;
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that person, if issued a restricted
driving permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4)
The person issued a permit conditioned on the use of an ignition interlock device must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees.
(5)
If the restricted driving permit is issued for employment purposes, then
the prohibition against operating a motor vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle
owned or leased by that person's employer when used solely for employment purposes. For any person who, within a 5-year period, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person.
(6)
In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate, except that the
permit shall expire no later than 2 years from the date of issuance. A restricted
driving permit issued under this Section shall be
subject to cancellation, revocation, and suspension by the Secretary of
State in like manner and for like cause as a driver's license issued
under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed sufficient cause
for the revocation, suspension, or cancellation of a restricted driving permit.
The Secretary of State may, as a condition to the issuance of a restricted
driving permit, require the petitioner to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is authorized to
cancel a restricted driving permit if the permit holder does not successfully
complete the program. However, if an individual's driving privileges have been
revoked in accordance with paragraph 13 of subsection (a) of this Section, no
restricted driving permit shall be issued until the individual has served 6
months of the revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, the person's driving privileges shall be revoked pursuant to subdivision (a)(15) of this Section. The person may not make application for a license or permit until the expiration of five years from the effective date of the revocation or the expiration of five years from the date of release from a term of imprisonment, whichever is later.
(c-7) If a person is convicted of a third or subsequent violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide or a similar out-of-state offense, the person may never apply for a license or permit.
(d)(1) Whenever a person under the age of 21 is convicted under Section
11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that person. One
year after the date of revocation, and upon application, the Secretary of
State may, if satisfied that the person applying will not endanger the
public safety or welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of one year.
After this one-year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate reinstatement
fee provided under paragraph (b) of Section 6-118, the Secretary of State,
in his discretion, may
reinstate the petitioner's driver's license and driving privileges, or extend the restricted driving permit as many times as the
Secretary of State deems appropriate, by additional periods of not more than
24 months each.
(2) If a person's license or permit is revoked or suspended due to 2 or
more convictions of violating Section 11-501 of this Code or a similar
provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these offenses, arising out
of separate occurrences, that person, if issued a restricted driving permit,
may not operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or suspended 2 or more times
due to any combination of:
(A) a single conviction of violating Section 11-501
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| of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense; or
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(B) a statutory summary suspension or revocation
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| under Section 11-501.1; or
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(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued a
restricted
driving permit, may not operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(3.5) If a person's license or permit is revoked or suspended due to a conviction for a violation of subparagraph (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.
(4)
The person issued a permit conditioned upon the use of an interlock device must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees.
(5)
If the restricted driving permit is issued for employment purposes, then
the prohibition against driving a vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle
owned or leased by that person's employer when used solely for employment purposes. For any person who, within a 5-year period, is convicted of a second or subsequent offense under Section 11-501 of this Code, or a similar provision of a local ordinance or similar out-of-state offense, this employment exemption does not apply until either a one-year period has elapsed during which that person had his or her driving privileges revoked or a one-year period has elapsed during which that person had a restricted driving permit which required the use of an ignition interlock device on every motor vehicle owned or operated by that person.
(6) A
restricted driving permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the movement of traffic
shall be deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving privileges of a person convicted of a third or subsequent violation of Section 6-303 of this Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar provision of a law of another state, is permanent. The Secretary may not, at any time, issue a license or permit to that person.
(e) This Section is subject to the provisions of the Driver License
Compact.
(f) Any revocation imposed upon any person under subsections 2
and 3 of paragraph (b) that is in effect on December 31, 1988 shall be
converted to a suspension for a like period of time.
(g) The Secretary of State shall not issue a restricted driving permit to
a person under the age of 16 years whose driving privileges have been revoked
under any provisions of this Code.
(h) The Secretary of State shall require the use of ignition interlock
devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 for each month that he or she uses the device. The Secretary shall establish by rule and
regulation the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and conditions relating to these fees. During the time period in which a person is required to install an ignition interlock device under this subsection (h), that person shall only operate vehicles in which ignition interlock devices have been installed, except as allowed by subdivision (c)(5) or (d)(5) of this Section. Regardless of whether an exemption under subdivision (c) (5) or (d) (5) applies, every person subject to this subsection shall not be eligible for reinstatement until the person installs an ignition interlock device and maintains the ignition interlock device for 5 years.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been revoked, suspended, cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person whose driving privileges have been revoked under paragraph 16 of subsection (a) of this Section that his or her driving privileges and driver's license will be revoked 90 days from the date of the mailing of the notice.
(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21; 102-982, eff. 7-1-23 .)
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