(625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
Sec. 6-110. Licenses issued to drivers.
(a) The Secretary of State shall issue to every qualifying applicant a
driver's license as applied for, which license shall bear a
distinguishing
number assigned to the licensee, the legal name,
signature, zip
code, date of birth, residence address, and a brief description of the
licensee.
Licenses issued shall also indicate the classification and
the restrictions under Section 6-104 of this Code.
The Secretary may adopt rules to establish informational restrictions that can be placed on the driver's license regarding specific conditions of the licensee.
A driver's license issued may, in the discretion of the Secretary,
include a suitable photograph of a type prescribed by the Secretary.
(a-1) If the licensee is less than 18 years of age, unless one of the exceptions in subsection (a-2) apply, the license shall, as a matter of law, be invalid for the operation of any motor vehicle during the following times: (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||
| ||
(C) Between 10:00 p.m. on Sunday to Thursday, | ||
| ||
(a-2) The driver's license of a person under the age of 18 shall not be invalid as described in subsection (a-1) of this Section if the licensee under the age of 18 was: (1) accompanied by the licensee's parent or guardian | ||
| ||
(2) on an errand at the direction of the minor's | ||
| ||
(3) in a motor vehicle involved in interstate travel; (4) going to or returning home from an employment | ||
| ||
(5) involved in an emergency; (6) going to or returning home from, without any | ||
| ||
(7) exercising First Amendment rights protected by | ||
| ||
(8) married or had been married or is an emancipated | ||
| ||
(a-2.5) The driver's license of a person who is 17 years of age and has been licensed for at least 12 months is not invalid as described in subsection (a-1) of this Section while the licensee is participating as an assigned driver in a Safe Rides program that meets the following criteria: (1) the program is sponsored by the Boy Scouts of | ||
| ||
(2) the sponsoring organization carries liability | ||
| ||
(a-3) If a graduated driver's license holder over the age of 18 committed an offense against traffic regulations governing the movement of vehicles or any violation of Section 6-107 or Section 12-603.1 of this Code in the 6 months prior to the graduated driver's license holder's 18th birthday, and was subsequently convicted of the offense, the provisions of subsection (a-1) shall continue to apply until such time as a period of 6 consecutive months has elapsed without an additional violation and subsequent conviction of an offense against traffic regulations governing the movement of vehicles or Section 6-107 or Section 12-603.1 of this Code.
(a-4) If an applicant for a driver's license or instruction permit has a current identification card issued by the Secretary of State, the Secretary may require the applicant to utilize the same residence address and name on the identification card, driver's license, and instruction permit records maintained by the Secretary. The Secretary may promulgate rules to implement this provision. (a-5) If an applicant for a driver's license is a judicial officer or a peace officer, the applicant may elect to have his or her office or work address listed on the license instead of the applicant's residence or mailing address. The Secretary of State shall adopt rules to implement this subsection (a-5). For the purposes of this subsection (a-5), "peace officer" means any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations. (b) Until the Secretary of State establishes a First Person Consent organ and tissue donor registry under Section 6-117 of this Code, the Secretary of State shall provide a format on the reverse of
each driver's license issued which the licensee may use to execute a document
of gift conforming to the provisions of the Illinois Anatomical Gift Act.
The format shall allow the licensee to indicate the gift intended, whether
specific organs, any organ, or the entire body, and shall accommodate the
signatures of the donor and 2 witnesses. The Secretary shall also inform
each applicant or licensee of this format, describe the procedure for its
execution, and may offer the necessary witnesses; provided that in so doing,
the Secretary shall advise the applicant or licensee that he or she is
under no compulsion to execute a document of gift. A brochure
explaining this method of executing an anatomical gift document shall be given
to each applicant or licensee. The brochure shall advise the applicant or
licensee that he or she is under no compulsion to execute a document of
gift, and that he or she may wish to consult with family, friends or clergy
before doing so. The Secretary of State may undertake additional efforts,
including education and awareness activities, to promote organ and tissue
donation.
(c) The Secretary of State shall designate on each driver's license issued
a space where the licensee may place a sticker or decal of the uniform
size as the Secretary may specify, which sticker or decal may indicate in
appropriate language that the owner of the license carries an Emergency
Medical Information Card.
The sticker may be provided by any person, hospital, school,
medical group, or association interested in assisting in implementing
the Emergency Medical Information Card, but shall meet the specifications
as the Secretary may by rule or regulation require.
(d) The Secretary of State shall designate on each driver's license issued
a space where the licensee may indicate his blood type and RH factor.
(e) The Secretary of State shall provide
that each original or renewal driver's license issued to a licensee under
21 years of age shall be of a distinct nature from those driver's licenses
issued to individuals 21 years of age and older. The color designated for
driver's licenses for licensees under 21 years of age shall be at the
discretion of the Secretary of State.
(e-1) The Secretary shall provide that each driver's license issued to a
person under the age of 21 displays the date upon which the person becomes 18
years of age and the date upon which the person becomes 21 years of age.
(e-3) The General Assembly recognizes the need to identify military veterans living in this State for the purpose of ensuring that they receive all of the services and benefits to which they are legally entitled, including healthcare, education assistance, and job placement. To assist the State in identifying these veterans and delivering these vital services and benefits, the Secretary of State is authorized to issue drivers' licenses with the word "veteran" appearing on the face of the licenses. This authorization is predicated on the unique status of veterans. The Secretary may not issue any other driver's license which identifies an occupation, status, affiliation, hobby, or other unique characteristics of the license holder which is unrelated to the purpose of the driver's license. (e-5) Beginning on or before July 1, 2015, the Secretary of State shall designate a space on each original or renewal driver's license where, at the request of the applicant, the word "veteran" shall be placed. The veteran designation shall be available to a person identified as a veteran under subsection (e) of Section 6-106 of this Code who was discharged or separated under honorable conditions. (f) The Secretary of State shall inform all Illinois licensed
commercial motor vehicle operators of the requirements of the Uniform
Commercial Driver License Act, Article V of this Chapter, and shall make
provisions to insure that all drivers, seeking to obtain a commercial
driver's license, be afforded an opportunity prior to April 1, 1992, to
obtain the license. The Secretary is authorized to extend
driver's license expiration dates, and assign specific times, dates and
locations where these commercial driver's tests shall be conducted. Any
applicant, regardless of the current expiration date of the applicant's
driver's license, may be subject to any assignment by the Secretary.
Failure to comply with the Secretary's assignment may result in the
applicant's forfeiture of an opportunity to receive a commercial driver's
license prior to April 1, 1992.
(g) The Secretary of State shall designate on a
driver's license issued, a space where the licensee may indicate that he or
she has drafted a living will in accordance with the Illinois Living Will
Act or a durable power of attorney for health care in accordance with the
Illinois Power of Attorney Act.
(g-1) The Secretary of State, in his or her discretion, may designate on
each driver's license issued a space where the licensee may place a sticker or
decal, issued by the Secretary of State, of uniform size as the Secretary may
specify, that shall indicate in appropriate language that the owner of the
license has renewed his or her driver's license.
(h) A person who acts in good faith in accordance with the terms of
this Section is not liable for damages in any civil action or subject to
prosecution in any criminal proceeding for his or her act.
(Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, eff. 1-1-13; 97-1127, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13.)
|
(625 ILCS 5/6-110.1)
(Text of Section before amendment by P.A. 103-210 )
Sec. 6-110.1. Confidentiality of captured photographs or images. (a) The
Secretary of State shall maintain a file on or contract to file all photographs
and signatures obtained in the process of issuing a driver's license, permit,
or identification card. Except as otherwise provided in this Section, the photographs and signatures shall be confidential
and shall not be disclosed except to the following persons:
(1) the individual upon written request;
(2) officers and employees of the Secretary of State | ||
| ||
(3) law enforcement officials for a civil or criminal | ||
| ||
(3-5) the State Board of Elections for the sole | ||
| ||
(3-10) officers and employees of the Secretary of | ||
| ||
(4) other entities that the Secretary may authorize | ||
| ||
(b) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws. (Source: P.A. 101-326, eff. 8-9-19; 102-354, eff. 8-13-21.)
(Text of Section after amendment by P.A. 103-210 )
Sec. 6-110.1. Confidentiality of captured photographs or images. (a) The
Secretary of State shall maintain a file on or contract to file all photographs
and signatures obtained in the process of issuing a driver's license, permit,
or identification card. Except as otherwise provided in this Section, the photographs and signatures shall be confidential
and shall not be disclosed except to the following persons:
(1) the individual to whom the driver's license or | ||
| ||
(2) officers and employees of the Secretary of State | ||
| ||
(3) law enforcement officials for a civil or criminal | ||
| ||
(3-5) the State Board of Elections for the sole | ||
| ||
(3-10) officers and employees of the Secretary of | ||
| ||
(4) other entities that the Secretary may authorize | ||
| ||
(b) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws. (Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)
|
(625 ILCS 5/6-110.2) (Text of Section before amendment by P.A. 103-210 ) Sec. 6-110.2. Confidentiality of documents submitted with an application for a driver's license. Documents required to be submitted with an application for a driver's license to prove the applicant's identity (name and date of birth), social security number, written signature, residency, and, as applicable, proof of lawful status shall be confidential and shall not be disclosed except to the following persons: (1) the individual to whom the driver's license or | ||
| ||
(2) officers and employees of the Secretary of State | ||
| ||
(3) law enforcement officials for a civil or criminal | ||
| ||
(4) other entities that the Secretary may authorize | ||
| ||
(Source: P.A. 101-326, eff. 8-9-19.) (Text of Section after amendment by P.A. 103-210 ) Sec. 6-110.2. Confidentiality of documents submitted with an application for a driver's license. Documents required to be submitted with an application for a driver's license to prove the applicant's identity (name and date of birth), social security number or lack of a social security number, written signature, residency, and, as applicable, citizenship or immigration status and country of
citizenship shall be confidential and shall not be disclosed except to the following persons: (1) the individual to whom the driver's license or | ||
| ||
(2) officers and employees of the Secretary of State | ||
| ||
(3) law enforcement officials for a civil or criminal | ||
| ||
(4) other entities that the Secretary may authorize | ||
| ||
(Source: P.A. 103-210, eff. 7-1-24.) |
(625 ILCS 5/6-110.3) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 6-110.3. Restrictions on use of information for certain purposes. (a) Notwithstanding any other provision of law, the Secretary may not release or make accessible in
any manner any highly restricted personal information as defined in Section 1-125.9 or
personally identifying information as defined in Section 1-159.2, provide images, photos, or
facial recognition services as described in Section 6-110.1, or disclose documents as described
in Section 6-110.2 to any immigration agent as defined in Section 10 of the Illinois TRUST Act, unless necessary
to comply with the following, to the extent that production of such information or documents is specifically required: (1) a lawful court order; (2) a judicial warrant signed by a judge appointed | ||
| ||
(3) a subpoena for individual records issued by a | ||
| ||
When responding to such a court
order, warrant, or subpoena, the Secretary shall disclose only those documents or information specifically
requested. Within 3 business days of receiving such a court order, warrant, or subpoena, the
Secretary shall send a notification to the individual about whom such information was requested that a
court order, warrant, or subpoena was received and the identity of the entity that presented the court
order, warrant, or subpoena. (b) The Secretary shall not enter into or maintain any agreement regarding the sharing of any highly
restricted personal information as defined in Section 1-125.9, personally identifying
information as defined in Section 1-159.2, images or photos described in Section 6-110.1, or documents described in Section 6-110.2 unless all other parties to such
agreement certify that the information obtained will not be used for civil immigration purposes or
knowingly disseminated to any third party for any purpose related to civil immigration enforcement.
(Source: P.A. 103-210, eff. 7-1-24.) |
(625 ILCS 5/6-112) (from Ch. 95 1/2, par. 6-112)
Sec. 6-112. License and Permits to be carried and exhibited on
demand. Every licensee or permittee shall have his drivers license or permit
in his immediate possession at all times when operating a motor vehicle
and, for the purpose of indicating compliance with this requirement,
shall display such license or permit if it is in his possession upon
demand made, when in uniform or displaying a badge or other sign of
authority, by a member of the Illinois State Police, a sheriff or other police
officer or designated agent of the Secretary of State. However, no
person charged with violating this Section shall be convicted if he
produces in court satisfactory evidence that a drivers license was theretofore
issued to him and was valid at the time of his arrest.
For the purposes of this Section, "display" means the manual
surrender of his license certificate into the hands of the
demanding officer for his inspection thereof.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)
Sec. 6-113. Restricted licenses and permits.
(a) The Secretary of
State upon issuing a drivers license or permit shall have the authority
whenever good cause appears to impose restrictions suitable to the
licensee's driving ability with respect to the type of, or special
mechanical control devices required on, a motor vehicle which the
licensee may operate or such other restrictions applicable to the
licensee as the Secretary of State may determine to be appropriate to
assure the safe operation of a motor vehicle by the licensee.
(b) The Secretary of State may either issue a special restricted
license or permit or may set forth such restrictions upon the usual
license or permit form.
(c) The Secretary of State may issue a probationary license to a person
whose driving privileges have been suspended pursuant to subsection (d) of this
Section or subsection (a)(2) of Section 6-206 of this
Code. This subsection (c) does not apply to any driver required to possess a CDL for the purpose of operating a commercial motor vehicle. The Secretary of State shall promulgate rules pursuant to the
Illinois Administrative Procedure Act, setting forth the conditions and
criteria for the issuance and cancellation of probationary licenses.
(d) The Secretary of State may upon receiving satisfactory evidence
of any violation of the restrictions of such license or permit suspend,
revoke or cancel the same without preliminary hearing, but the licensee or
permittee shall be entitled to a hearing as in the case of a suspension
or revocation.
(e) It is unlawful for any person to operate a motor vehicle in any
manner in violation of the restrictions imposed on a restricted license
or permit issued to him.
(f) Whenever the holder of a restricted driving permit is issued a citation
for any of the following offenses including similar local ordinances, the
restricted driving permit is immediately invalidated:
1. Reckless homicide resulting from the operation of | ||
| ||
2. Violation of Section 11-501 of this Act relating | ||
| ||
3. Violation of Section 11-401 of this Act relating | ||
| ||
4. Violation of Section 11-504 of this Act relating | ||
| ||
5. Violation of Section 11-506 of this Act relating | ||
| ||
The police officer issuing the citation shall confiscate the restricted
driving permit and forward it, along with the citation, to the Clerk of
the Circuit Court of the county in which the citation was issued.
(g) The Secretary of State may issue a special restricted
license for a period of 48 months to individuals using vision aid
arrangements other than standard eyeglasses or contact lenses,
allowing the operation of a motor vehicle during nighttime hours.
The Secretary of State shall adopt rules defining the terms and
conditions by which the individual may obtain and renew this
special restricted license. At a minimum, all drivers must meet
the following requirements:
1. Possess a valid driver's license and have operated | ||
| ||
2. Have a driving record that does not include any | ||
| ||
3. Successfully complete a road test administered | ||
| ||
The special restricted license holder must submit to the Secretary annually a vision specialist report from his or her ophthalmologist or optometrist that the special restricted license holder's vision has not changed. If the special restricted license holder fails to submit this vision specialist report, the special restricted license shall be cancelled under Section 6-201 of this Code. At a minimum, all drivers renewing this license must meet the
following requirements:
1. Successfully complete a road test administered | ||
| ||
2. Have a driving record that does not include any | ||
| ||
(h) Any driver issued a special restricted license as defined in
subsection (g) whose privilege to drive during nighttime hours has been
suspended due to a crash occurring during nighttime hours may request
a hearing as provided in Section 2-118 of this Code to contest that suspension.
If it is
determined that the crash for which the driver was at fault was not
influenced by the driver's use of vision aid arrangements other than standard
eyeglasses or contact lenses, the Secretary may reinstate that driver's
privilege to drive during nighttime hours.
(i) The Secretary of State may issue a special restricted training permit for a period of 6 months to individuals using vision aid arrangements other than standard eyeglasses or contact lenses, allowing the operation of a motor vehicle between sunset and 10:00 p.m. provided the driver is accompanied by a person holding a valid driver's license without nighttime operation restrictions. The Secretary may adopt rules defining the terms and conditions by which the individual may obtain and renew this special restricted training permit. At a minimum, all persons applying for a special restricted training permit must meet the following requirements: 1. Possess a valid driver's license and have | ||
| ||
2. Have a driving record that does not include any | ||
| ||
(j) Whenever the Secretary of State has issued an administrative order requiring an individual to use an ignition interlock device after his or her driver's license has been reinstated, that individual shall be issued a driver's license containing the ignition interlock device restriction. The administrative order shall set forth the duration of the restriction and any other applicable terms and conditions. (Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/6-114) (from Ch. 95 1/2, par. 6-114)
Sec. 6-114. Duplicate and Corrected Licenses and Permits.
In the event that a drivers license or permit issued under the
provisions of this Act is lost or destroyed, the person to whom the same
was issued may upon application and payment of the required fee obtain a
duplicate or substitute thereof, upon furnishing evidence satisfactory to
the Secretary of State that such permit or license has been lost or
destroyed and if such applicant is not then ineligible under Section 6-103
of this Act. Any person to whom has been issued a drivers license or permit
under the provisions of this Act and who desires to obtain a corrected
permit or license to indicate a correction of legal name or
residence
address or to correct a
statement appearing upon the original permit or license may upon
application and payment of the required fee obtain a corrected permit or
license. The original permit or license must accompany the application for
correction or evidence must be furnished satisfactory to the Secretary of
State that such permit or license has been lost or destroyed.
(Source: P.A. 93-895, eff. 1-1-05.)
|
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
Sec. 6-115. Expiration of driver's license.
(a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of
this Code shall
expire 4 years from the date of its issuance, or at such later
date, as the Secretary of State may by proper rule and regulation designate,
not to exceed 12 calendar months; in the event
that an applicant for renewal of a driver's license fails
to apply prior to
the expiration date of the previous driver's license, the renewal driver's
license
shall expire 4 years from the expiration date of the previous
driver's license, or at such later date as the Secretary of State may
by proper rule and
regulation designate, not to exceed 12 calendar months.
The Secretary of State may, however, issue to a
person not previously licensed as a driver in Illinois a driver's
license
which will expire not less than 4 years nor more than 5
years from date of
issuance, except as provided elsewhere in this Section.
(a-5) Every driver's license issued under this Code to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall expire on whichever is the earlier date of the following: (1) as provided under subsection (a), (f), (g), or | ||
| ||
(2) on the date the applicant's authorized stay in | ||
| ||
(3) if the applicant's authorized stay is | ||
| ||
(a-10) Every REAL ID compliant driver's license issued under this Code to an applicant who is not a United States citizen or permanent resident, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, shall be marked "Limited Term". (b) Before the expiration of a driver's license, except those
licenses expiring on the individual's 21st birthday, or 3 months after
the individual's 21st birthday, the holder thereof may apply for a renewal
thereof, subject to all the provisions of Section 6-103, and the Secretary
of State may require an examination of the applicant. A licensee
whose driver's license expires on his 21st birthday, or 3 months after
his 21st birthday, may not apply for a renewal of his driving privileges
until he reaches the age of 21.
(c) The Secretary of State shall, 30 days prior to the expiration of a
driver's license, forward to each person whose license
is to expire a
notification of the expiration of said license which may
be presented at the time of renewal of said license.
There may be included with such notification information explaining
the anatomical gift and Emergency Medical Information Card provisions of
Section 6-110. The format and text of such information
shall be prescribed by the Secretary.
There shall be included with such notification,
for a period of 4 years beginning January 1, 2000 information regarding the
Illinois Adoption Registry and Medical Information Exchange established in
Section 18.1 of the Adoption Act.
(d) The Secretary may defer the expiration of the driver's license
of a licensee, spouse, and dependent children who are living with such licensee
while on active duty, serving in the Armed Forces of the United
States outside of the State of Illinois, and 120 days thereafter, upon such
terms and conditions as the Secretary may prescribe.
(d-5) The Secretary may defer the expiration of the driver's license of a licensee, or of a spouse or dependent children living with the licensee, serving as a civilian employee of the United States Armed Forces or the United States Department of Defense, outside of the State of Illinois, and 120 days thereafter, upon such terms and conditions as the Secretary may prescribe. (e) The Secretary of State may decline to process a renewal of a driver's
license
of any person who has not paid any fee or tax due under this Code and is not
paid upon reasonable notice and demand.
(f) The Secretary shall provide that each original or renewal driver's
license issued to a licensee under 21 years of age shall expire 3 months
after the licensee's 21st birthday. Persons whose current driver's licenses
expire on their 21st birthday on or after January 1, 1986 shall not renew their
driver's license before their 21st birthday, and their current driver's
license will be extended for an additional term of 3 months beyond their
21st birthday. Thereafter, the expiration and term of the driver's license
shall be governed by subsection (a) hereof.
(g) The Secretary shall provide that each original or renewal driver's
license issued to a licensee 81 years of age through age 86 shall expire 2
years from the date of issuance, or at such later date as the Secretary may
by rule and regulation designate, not to exceed an additional 12 calendar
months. The
Secretary shall also provide that each original or renewal driver's license
issued to a licensee 87 years of age or older shall expire 12 months from
the date of issuance, or at such later date as the Secretary may by rule
and regulation designate, not to exceed an additional 12 calendar months.
(h) The Secretary of State shall provide that each special
restricted driver's license issued under subsection (g) of Section
6-113 of this Code shall expire 12 months from the date of
issuance. The Secretary shall adopt rules defining renewal
requirements.
(i) The Secretary of State shall provide that each driver's license issued to a person convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act shall expire 12 months from the date of issuance or at such date as the Secretary may by rule designate, not to exceed an additional 12 calendar months. The Secretary may adopt rules defining renewal requirements.
(Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22 .)
|
(625 ILCS 5/6-116) (from Ch. 95 1/2, par. 6-116)
Sec. 6-116. Notice of Change of Residence Address or Legal
Name.
(a) Whenever any person after applying for or receiving a drivers
license or
permit moves from the residence address named in such application or on the
license
or permit issued to him such person shall within 10 days
thereafter notify the Drivers Services Department of the Secretary of State's
Office in writing of his old and new
residence
addresses and of the number of any
license
or permit then held by him. Such person may obtain a corrected license or
permit as provided in Section 6-114.
(b) Any person whose legal name has changed from the name on the license
or permit that he or she has been previously issued must apply for a corrected
card within 30 days after the change.
(Source: P.A. 93-895, eff. 1-1-05.)
|
(625 ILCS 5/6-116.5)
Sec. 6-116.5.
Driver's duty to report medical condition.
Every driver shall report to the Secretary any medical
condition, as defined by the Driver's License Medical Review Law of 1992, that
is likely to cause loss of consciousness or any loss of ability
to safely operate a motor vehicle within 10 days of the driver becoming aware
of the condition. The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative rule the temporary
conditions not required to be reported under the provisions of this Section.
All information furnished to the Secretary under the provisions of this
Section shall be deemed confidential and for the privileged use of the Secretary in accordance with the provisions of subsection (j) of Section 2-123 of this Code.
(Source: P.A. 89-584, eff. 7-31-96 .)
|
(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 | ||
| ||
(2) The Secretary of State may establish additional | ||
| ||
(3) When an individual has agreed to have his or her | ||
| ||
(4) An individual may withdraw his or her consent to | ||
| ||
(5) The Secretary of State may undertake additional | ||
| ||
(6) In the absence of gross negligence or willful | ||
| ||
(Source: P.A. 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/6-117.1) Sec. 6-117.1. Prohibited use of driver's license information. (a) When information is obtained from a driver's license to identify or prove the age of the holder of the license, or in the course of a commercial transaction, that information may be used only for purposes of identification of the individual or for completing the commercial transaction in which the information was obtained, including all subsequent payment, processing, collection, and other related actions. Information obtained from a driver's license may not be used for purposes unrelated to the transaction in which it was obtained, including, but not limited to, commercial solicitations. Information obtained from a driver's license to identify the holder of the license, or in the course of a commercial transaction, may not be sold, leased, or otherwise provided to any third party. (b) Any individual whose driver's license information has been used in violation of this Section has a cause of action against the person who violated this Section. Upon a finding that a violation did occur, the individual whose information was used in violation of this Section is entitled to recover actual damages, but not less than liquidated damages in the amount of $250 for each violation, plus attorney's fees and the costs of bringing the action. (c) Use of information contained on a driver's license is not a violation of this Section if (i) the individual whose information has been used gave express permission for that use or (ii) the information relating to the individual was obtained from a source other than the individual's driver's license. (d) This Section does not apply to any agency of the United States, the State of Illinois, or any other state or political subdivision thereof. (e) This Section does not apply to the transfer of information to a third party if (i) a federal or State law, rule, or regulation requires that the information be transferred to a third party after being recorded in specified transactions or (ii) the information is transferred to a third party for purposes of the detection or possible prosecution of criminal offenses or fraud. If information is transferred to a third party under this subsection (e), it may be used only for the purposes authorized by this subsection (e).
(f) This Section does not apply to the use of information obtained from a driver's license which has been provided by the holder of the license in the course of a potential or completed employment, commercial, business or professional transaction for the purpose of completing written documents including, but not limited to, contracts, agreements, purchase orders, retail installment contracts, buyer's orders, purchase contracts, repair orders, applications, disclosure forms or waiver forms.
(Source: P.A. 94-892, eff. 1-1-07.) |
(625 ILCS 5/6-117.2) Sec. 6-117.2. Emergency contact database. (a) The Secretary of State shall establish a database of the emergency contacts of persons who hold a driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State. Information in the database shall be accessible only to employees of the Office of the Secretary and law enforcement officers employed by a law enforcement agency. Law enforcement officers may share information contained in the emergency contact database, including disabilities and special needs information, with other public safety workers on scene, as needed to conduct official law enforcement duties. (b) Any person holding a driver's license, instruction permit, or any other type of driving permit issued by the Secretary of State shall be afforded the opportunity to provide the Secretary of State, in a manner and form designated by the Secretary of State, the name, address, telephone number, and relationship to the holder of no more than 2 emergency contact persons whom the holder wishes to be contacted by a law enforcement officer if the holder is involved in a motor vehicle crash or other emergency situation and the holder is unable to communicate with the contact person or persons and may designate whether the holder has a disability or is a special needs individual. A contact person need not be the holder's next of kin. (c) The Secretary shall adopt rules to implement this Section. At a minimum, the rules shall address all of the following: (1) the method whereby a holder may provide the | ||
| ||
(2) the method whereby a holder may provide the | ||
| ||
(3) any other aspect of the database or its operation | ||
| ||
(d) If a person involved in a motor vehicle crash or other emergency situation is unable to communicate with the contact person or persons specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person or persons of the situation. Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer incurs any liability, however, if the law enforcement officer is not able to make contact with the contact person. Except for willful or wanton misconduct, neither the law enforcement officer, nor the law enforcement agency that employs the law enforcement officer, shall incur any liability relating to the reporting or use of the database during a motor vehicle crash or other emergency situation. (e) The Secretary of State shall make a good faith effort to maintain accurate data as provided by the driver's license or instruction permit holder and to provide that information to law enforcement as provided in subsection (a). The Secretary of State is not liable for any damages, costs, or expenses, including, without limitation, consequential damages, arising or resulting from any inaccurate or incomplete data or system unavailability. Except for willful or wanton misconduct, the Secretary of State shall not incur any liability relating to the reporting of disabilities or special needs individuals. (f) As used in this Section: "Disability" means an individual's physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment; or when the individual is regarded as having such impairment. "Public safety worker" means a person employed by this State or a political subdivision thereof that provides firefighting, law enforcement, medical or other emergency services. "Special needs individuals" means those individuals who have or are at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who also require health and related services of a type or amount beyond that required by individuals generally. (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 | ||
| ||
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 | ||
| ||
(A) $16 of the $20 fee for an original driver's | ||
| ||
(B) $5 of the $30 fee for an original driver's | ||
| ||
(C) $5 of the $30 fee for a 4 year renewal | ||
| ||
(D) $4 of the $8 fee for a restricted driving | ||
| ||
(E) $4 of the $8 fee for a monitoring device | ||
| ||
2. $30 of the $250 fee for reinstatement of a license | ||
| ||
3. $6 of the original or renewal fee for a commercial | ||
| ||
4. $30 of the $70 fee for reinstatement of a license | ||
| ||
5. The $5 fee for each original or renewal M or L | ||
| ||
6. $20 of any original or renewal fee for a | ||
| ||
7. The following amounts shall be paid into the | ||
| ||
(A) $190 of the $250 reinstatement fee for a | ||
| ||
(B) $40 of the $70 reinstatement fee for any | ||
| ||
(C) $440 of the $500 reinstatement fee for a | ||
| ||
8. Fees collected under paragraph (4) of subsection | ||
| ||
(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.) |
(625 ILCS 5/6-119) (from Ch. 95 1/2, par. 6-119)
Sec. 6-119. When fees returnable-drivers license.
(a) Whenever any application to the Secretary of State for a driver's license or permit under this Article is accompanied by
any fee as required by law and such application is refused or rejected after a review of eligibility, which may include facial recognition comparison, the applicant shall not be entitled to a refund of any fees paid. (a-5) If the Secretary of State determines that the volume of expedited driver's license requests received on a given day exceeds the ability of the Secretary to process those requests in an expedited manner, the Secretary may decline to provide expedited services, and the additional fee for the expedited service shall be refunded to the applicant.
(b) Whenever the Secretary of State through error collects any fee not
required to be paid hereunder, the same shall be refunded to the person
paying the same upon application therefor made within 6 months after the
date of such payment.
(c) Whenever a person dies after making application for a drivers
license or permit under this Article, application for a refund of the
drivers license or permit may be made if the person dies prior to the
effective date for which application has been made, and if the drivers
license or permit has never been used. The Secretary of State shall refund
the drivers license or permit fees upon receipt within 3 months after the
application for a drivers license or permit of an application for refund
accompanied with the drivers license or permit and proof of death of the
applicant.
(d) Any application for refund received after the times specified in
this Section shall be denied and the applicant in order to receive a refund
must apply to the Court of Claims.
(Source: P.A. 99-305, eff. 1-1-16 .)
|
(625 ILCS 5/6-120)
Sec. 6-120.
Inter-agency agreement for information.
Notwithstanding any
other provision of this Code, the Secretary of State shall enter into an
inter-agency agreement with the Department of Children and Family Services to
establish a procedure by which employees of the Department of Children and
Family Services may
have immediate access to driver's license records maintained by the Secretary
of
State if the Department of Children and Family Services determines the
information is necessary to perform
its duties under the Abused and Neglected Child
Reporting
Act, the Child Care Act of 1969, and the Children and Family Services Act.
(Source: P.A. 88-614, eff. 9-7-94.)
|
(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 | ||
| ||
(2) The application form must include information, | ||
| ||
(3) The application form must be signed and verified | ||
| ||
(4) Registration information maintained by the | ||
| ||
(c) Revocation and cancellation procedures for confidential drivers' licenses: (1) The Secretary of State Police Department may | ||
| ||
(2) A government agency must request cancellation of | ||
| ||
(3) All revoked confidential drivers' licenses must | ||
| ||
(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 | ||
| ||
(2) The application form must include information, | ||
| ||
(3) The application form must be signed and verified | ||
| ||
(4) Registration information maintained by the | ||
| ||
(c) Revocation and cancellation procedures for confidential drivers' licenses: (1) The Secretary of State Police Department may | ||
| ||
(2) A government agency must request cancellation of | ||
| ||
(3) All revoked confidential drivers' licenses must | ||
| ||
(Source: P.A. 103-210, eff. 7-1-24.) |
(625 ILCS 5/6-122) (Text of Section before amendment by P.A. 103-210 ) Sec. 6-122. Expedited driver's license. The Secretary of State may provide for an expedited process for the issuance of a driver's license, excluding temporary visitor's driver's licenses. The Secretary shall charge an additional fee for the issuance of an expedited driver's license, to be set by rule, not to exceed $75. All fees collected by the Secretary for expedited driver's license service shall be deposited into the Secretary of State Special Services Fund. The Secretary may adopt rules regarding the eligibility, process, and fee for an expedited driver's license.
(Source: P.A. 99-305, eff. 1-1-16 .) (Text of Section after amendment by P.A. 103-210 ) Sec. 6-122. Expedited driver's license. The Secretary of State may provide for an expedited process for the issuance of a driver's license. The Secretary shall charge an additional fee for the issuance of an expedited driver's license, to be set by rule, not to exceed $75. All fees collected by the Secretary for expedited driver's license service shall be deposited into the Secretary of State Special Services Fund. The Secretary may adopt rules regarding the eligibility, process, and fee for an expedited driver's license.
(Source: P.A. 103-210, eff. 7-1-24.) |
(625 ILCS 5/Ch. 6 Art. II heading) ARTICLE II.
CANCELLATION, SUSPENSION, OR
REVOCATION OF LICENSES AND PERMITS
|
(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 | ||
| ||
3. failed to pay any fees owed to the Secretary of | ||
| ||
4. committed any fraud in the making of such | ||
| ||
5. is ineligible therefor under the provisions of | ||
| ||
6. has refused or neglected to submit an alcohol, | ||
| ||
7. has been convicted of violating the Cannabis | ||
| ||
8. failed to submit a report as required by Section | ||
| ||
9. has been convicted of a sex offense as defined in | ||
| ||
10. is ineligible for a license or permit under | ||
| ||
11. refused or neglected to appear at a Driver | ||
| ||
12. failed to submit a medical examiner's certificate | ||
| ||
13. has had his or her medical examiner's | ||
| ||
14. failed to self-certify as to the type of driving | ||
| ||
15. has submitted acceptable documentation indicating | ||
| ||
16. was convicted of fraud relating to the testing or | ||
| ||
17. has a special restricted license under subsection | ||
| ||
18. has a special restricted license under subsection | ||
| ||
19. has assisted an out-of-state resident in | ||
| ||
(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 .) |
(625 ILCS 5/6-202) (from Ch. 95 1/2, par. 6-202)
Sec. 6-202. Non-residents and Unlicensed Persons-Revocation and Suspension-Reporting
Convictions.
(a) The privilege of driving a motor vehicle on highways of this State
given to a nonresident hereunder and the privilege which an unlicensed
person might have to obtain a license under this Act shall be subject to
suspension or revocation by the Secretary of State in like manner and for
like cause as a drivers license issued hereunder may be suspended or
revoked.
(b) The Secretary of State is authorized, upon receiving a report of the
conviction in this State of a nonresident driver of a motor vehicle of any
offense under the laws of this State relating to operation, custody or
ownership of motor vehicles, to forward a copy or abstract of such report
to the motor vehicle administrator of the State wherein the person so
convicted is a resident.
(c) (Blank.)
(d) This section is subject to the provisions of the Driver License
Compact.
(Source: P.A. 96-962, eff. 7-2-10.)
|