Bill Text: IL HB2658 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Allows a person to request an informal hearing regarding a suspension, revocation, or denial of the issuance of a license, permit, registration, or certificate of title at a Secretary of State driver services facility. Provides that if a person is convicted of a specified offense and the use of alcohol or other drugs is stated as an element of the offense, the Secretary may issue to the person a restricted driving permit granting the privilege of driving a motor vehicle 6 days per week, 12 hours per day within a 200-mile radius of the person's residence for any legal purpose. In provisions regarding the mandatory revocation of a license or permit, the discretionary authority to suspend or revoke a license or permit, and the period of suspension, provides that some convictions may be based on a similar out-of-state offense or similar offense committed on a military installation. Allows the Secretary to grant an employment exception to the prohibition against driving a vehicle that is not equipped with an ignition interlock device if the person is operating an occupational vehicle owned or leased by that person's employer when used solely for employment purposes. Makes other and conforming changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-04 - Filed with the Clerk by Rep. Ann M. Williams [HB2658 Detail]
Download: Illinois-2025-HB2658-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||||||||
5 | changing Sections 2-118, 6-205, 6-206, and 6-208 as follows:
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6 | (625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118) | |||||||||||||||||||||||||
7 | Sec. 2-118. Hearings. | |||||||||||||||||||||||||
8 | (a) Upon the suspension, revocation or denial of the | |||||||||||||||||||||||||
9 | issuance of a license, permit, registration or certificate of | |||||||||||||||||||||||||
10 | title under this Code of any person the Secretary of State | |||||||||||||||||||||||||
11 | shall immediately notify such person in writing and upon his | |||||||||||||||||||||||||
12 | written request shall, within 20 days after receipt thereof, | |||||||||||||||||||||||||
13 | set a date for a formal hearing to commence within 90 calendar | |||||||||||||||||||||||||
14 | days from the date of the written request for all requests | |||||||||||||||||||||||||
15 | related to a suspension, revocation, or the denial of the | |||||||||||||||||||||||||
16 | issuance of a license, permit, registration, or certificate of | |||||||||||||||||||||||||
17 | title occurring after July 1, 2002, in the County of Sangamon, | |||||||||||||||||||||||||
18 | the County of Jefferson, or the County of Cook, as such person | |||||||||||||||||||||||||
19 | may specify, unless both parties agree that such hearing may | |||||||||||||||||||||||||
20 | be held in some other county. If permitted by administrative | |||||||||||||||||||||||||
21 | rule, a person may request an informal hearing at a Secretary | |||||||||||||||||||||||||
22 | of State driver services facility subject to availability of | |||||||||||||||||||||||||
23 | an informal hearing officer. The Secretary shall adopt |
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1 | administrative rules regarding the conduct of informal | ||||||
2 | hearings. The Secretary may require the payment of a fee of not | ||||||
3 | more than $50 for the filing of any petition, motion, or | ||||||
4 | request for hearing conducted pursuant to this Section. These | ||||||
5 | fees must be deposited into the Secretary of State DUI | ||||||
6 | Administration Fund, a special fund created in the State | ||||||
7 | treasury, and, subject to appropriation and as directed by the | ||||||
8 | Secretary of State, shall be used for operation of the | ||||||
9 | Department of Administrative Hearings of the Office of the | ||||||
10 | Secretary of State and for no other purpose. The Secretary | ||||||
11 | shall establish by rule the amount and the procedures, terms, | ||||||
12 | and conditions relating to these fees. | ||||||
13 | (b) At any time after the suspension, revocation or denial | ||||||
14 | of a license, permit, registration or certificate of title of | ||||||
15 | any person as hereinbefore referred to, the Secretary of | ||||||
16 | State, in his or her discretion and without the necessity of a | ||||||
17 | request by such person, may hold such a hearing, upon not less | ||||||
18 | than 10 days' notice in writing, in the Counties of Sangamon, | ||||||
19 | Jefferson, or Cook or in any other county agreed to by the | ||||||
20 | parties. | ||||||
21 | (c) Upon any such hearing, the Secretary of State, or his | ||||||
22 | authorized agent may administer oaths and issue subpoenas for | ||||||
23 | the attendance of witnesses and the production of relevant | ||||||
24 | books and records and may require an examination of such | ||||||
25 | person. Upon any such hearing, the Secretary of State shall | ||||||
26 | either rescind or, good cause appearing therefor, continue, |
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1 | change or extend the Order of Revocation or Suspension, or | ||||||
2 | upon petition therefore and subject to the provisions of this | ||||||
3 | Code, issue a restricted driving permit or reinstate the | ||||||
4 | license or permit of such person. | ||||||
5 | (d) All hearings and hearing procedures shall comply with | ||||||
6 | requirements of the Constitution, so that no person is | ||||||
7 | deprived of due process of law nor denied equal protection of | ||||||
8 | the laws. All hearings shall be held before the Secretary of | ||||||
9 | State or before such persons as may be designated by the | ||||||
10 | Secretary of State and appropriate records of such hearings | ||||||
11 | shall be kept. Where a transcript of the hearing is taken, the | ||||||
12 | person requesting the hearing shall have the opportunity to | ||||||
13 | order a copy thereof at his own expense. The Secretary of State | ||||||
14 | shall enter an order upon any hearing conducted under this | ||||||
15 | Section, related to a suspension, revocation, or the denial of | ||||||
16 | the issuance of a license, permit, registration, or | ||||||
17 | certificate of title occurring after July 1, 2002, within 90 | ||||||
18 | days of its conclusion and shall immediately notify the person | ||||||
19 | in writing of his or her action. | ||||||
20 | (d-5) Any hearing over which the Secretary of State has | ||||||
21 | jurisdiction because of a person's implied consent to testing | ||||||
22 | of the person's blood, breath, other bodily substance, or | ||||||
23 | urine for the presence of alcohol, drugs, or intoxicating | ||||||
24 | compounds may be conducted upon a review of the official | ||||||
25 | police reports. Either party, however, may subpoena the | ||||||
26 | arresting officer and any other law enforcement officer who |
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1 | was involved in the petitioner's arrest or processing after | ||||||
2 | arrest, as well as any other person whose testimony may be | ||||||
3 | probative to the issues at the hearing. The failure of a law | ||||||
4 | enforcement officer to answer the subpoena shall be considered | ||||||
5 | grounds for a continuance if, in the hearing officer's | ||||||
6 | discretion, the continuance is appropriate. The failure of the | ||||||
7 | arresting officer to answer a subpoena shall not, in and of | ||||||
8 | itself, be considered grounds for the rescission of an implied | ||||||
9 | consent suspension. Rather, the hearing shall proceed on the | ||||||
10 | basis of the other evidence available, and the hearing officer | ||||||
11 | shall assign this evidence whatever probative value is deemed | ||||||
12 | appropriate. The decision whether to rescind shall be based | ||||||
13 | upon the totality of the evidence. | ||||||
14 | (e) The action of the Secretary of State in suspending, | ||||||
15 | revoking or denying any license, permit, registration, or | ||||||
16 | certificate of title shall be subject to judicial review in | ||||||
17 | the Circuit Court of Sangamon County, in the Circuit Court of | ||||||
18 | Jefferson County, or in the Circuit Court of Cook County, and | ||||||
19 | the provisions of the Administrative Review Law, and all | ||||||
20 | amendments and modifications thereto, and the rules adopted | ||||||
21 | pursuant thereto, are hereby adopted and shall apply to and | ||||||
22 | govern every action for the judicial review of final acts or | ||||||
23 | decisions of the Secretary of State hereunder. | ||||||
24 | (Source: P.A. 99-697, eff. 7-29-16.)
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25 | (625 ILCS 5/6-205) |
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1 | Sec. 6-205. Mandatory revocation of license or permit; | ||||||
2 | hardship cases. | ||||||
3 | (a) Except as provided in this Section, the Secretary of | ||||||
4 | State shall immediately revoke the license, permit, or driving | ||||||
5 | privileges of any driver upon receiving a report of the | ||||||
6 | driver's conviction of any of the following offenses: | ||||||
7 | 1. Reckless homicide resulting from the operation of a | ||||||
8 | motor vehicle; | ||||||
9 | 2. Violation of Section 11-501 of this Code or a | ||||||
10 | similar provision of a local ordinance relating to the | ||||||
11 | offense of operating or being in physical control of a | ||||||
12 | vehicle while under the influence of alcohol, other drug | ||||||
13 | or drugs, intoxicating compound or compounds, or any | ||||||
14 | combination thereof; | ||||||
15 | 3. Any felony under the laws of any State or the | ||||||
16 | federal government in the commission of which a motor | ||||||
17 | vehicle was used; | ||||||
18 | 4. Violation of Section 11-401 of this Code relating | ||||||
19 | to the offense of leaving the scene of a traffic crash | ||||||
20 | involving death or personal injury; | ||||||
21 | 5. Perjury or the making of a false affidavit or | ||||||
22 | statement under oath to the Secretary of State under this | ||||||
23 | Code or under any other law relating to the ownership or | ||||||
24 | operation of motor vehicles; | ||||||
25 | 6. Conviction upon 3 charges of violation of Section | ||||||
26 | 11-503 of this Code relating to the offense of reckless |
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1 | driving committed within a period of 12 months; | ||||||
2 | 7. Conviction of any offense defined in Section 4-102 | ||||||
3 | of this Code if the person exercised actual physical | ||||||
4 | control over the vehicle during the commission of the | ||||||
5 | offense; | ||||||
6 | 8. Violation of Section 11-504 of this Code relating | ||||||
7 | to the offense of drag racing; | ||||||
8 | 9. Violation of Chapters 8 and 9 of this Code; | ||||||
9 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012 arising from the use of a | ||||||
11 | motor vehicle; | ||||||
12 | 11. Violation of Section 11-204.1 of this Code | ||||||
13 | relating to aggravated fleeing or attempting to elude a | ||||||
14 | peace officer; | ||||||
15 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
16 | Section 6-507, or a similar law of any other state, | ||||||
17 | relating to the unlawful operation of a commercial motor | ||||||
18 | vehicle; | ||||||
19 | 13. Violation of paragraph (a) of Section 11-502 of | ||||||
20 | this Code or a similar provision of a local ordinance if | ||||||
21 | the driver has been previously convicted of a violation of | ||||||
22 | that Section or a similar provision of a local ordinance | ||||||
23 | and the driver was less than 21 years of age at the time of | ||||||
24 | the offense; | ||||||
25 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
26 | this Code or a similar provision of a local ordinance |
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1 | relating to the offense of street racing; | ||||||
2 | 15. A second or subsequent conviction of driving while | ||||||
3 | the person's driver's license, permit or privileges was | ||||||
4 | revoked for reckless homicide or a similar out-of-state | ||||||
5 | offense; | ||||||
6 | 16. Any offense against any provision in this Code, or | ||||||
7 | any local ordinance, regulating the movement of traffic | ||||||
8 | when that offense was the proximate cause of the death of | ||||||
9 | any person. Any person whose driving privileges have been | ||||||
10 | revoked pursuant to this paragraph may seek to have the | ||||||
11 | revocation terminated or to have the length of revocation | ||||||
12 | reduced by requesting an administrative hearing with the | ||||||
13 | Secretary of State prior to the projected driver's license | ||||||
14 | application eligibility date; | ||||||
15 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
16 | of this Code or a similar provision of a local ordinance; | ||||||
17 | 18. A second or subsequent conviction of illegal | ||||||
18 | possession, while operating or in actual physical control, | ||||||
19 | as a driver, of a motor vehicle, of any controlled | ||||||
20 | substance prohibited under the Illinois Controlled | ||||||
21 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
22 | Control Act, or any methamphetamine prohibited under the | ||||||
23 | Methamphetamine Control and Community Protection Act. A | ||||||
24 | defendant found guilty of this offense while operating a | ||||||
25 | motor vehicle shall have an entry made in the court record | ||||||
26 | by the presiding judge that this offense did occur while |
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1 | the defendant was operating a motor vehicle and order the | ||||||
2 | clerk of the court to report the violation to the | ||||||
3 | Secretary of State; | ||||||
4 | 19. Violation of subsection (a) of Section 11-1414 of | ||||||
5 | this Code, or a similar provision of a local ordinance, | ||||||
6 | relating to the offense of overtaking or passing of a | ||||||
7 | school bus when the driver, in committing the violation, | ||||||
8 | is involved in a motor vehicle crash that results in death | ||||||
9 | to another and the violation is a proximate cause of the | ||||||
10 | death. | ||||||
11 | (b) The Secretary of State shall also immediately revoke | ||||||
12 | the license or permit of any driver in the following | ||||||
13 | situations: | ||||||
14 | 1. Of any minor upon receiving the notice provided for | ||||||
15 | in Section 5-901 of the Juvenile Court Act of 1987 that the | ||||||
16 | minor has been adjudicated under that Act as having | ||||||
17 | committed an offense relating to motor vehicles prescribed | ||||||
18 | in Section 4-103 of this Code; | ||||||
19 | 2. Of any person when any other law of this State | ||||||
20 | requires either the revocation or suspension of a license | ||||||
21 | or permit; | ||||||
22 | 3. Of any person adjudicated under the Juvenile Court | ||||||
23 | Act of 1987 based on an offense determined to have been | ||||||
24 | committed in furtherance of the criminal activities of an | ||||||
25 | organized gang as provided in Section 5-710 of that Act, | ||||||
26 | and that involved the operation or use of a motor vehicle |
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1 | or the use of a driver's license or permit. The revocation | ||||||
2 | shall remain in effect for the period determined by the | ||||||
3 | court. | ||||||
4 | (c)(1) Whenever a person is convicted of any of the | ||||||
5 | offenses enumerated in this Section , the court may recommend | ||||||
6 | and the use of alcohol or other drugs is not stated as an | ||||||
7 | element of the offense, the Secretary of State in his | ||||||
8 | discretion, without regard to whether the recommendation is | ||||||
9 | made by the court may, upon application, issue to the person a | ||||||
10 | restricted driving permit granting the privilege of driving a | ||||||
11 | motor vehicle between the petitioner's residence and | ||||||
12 | petitioner's place of employment or within the scope of the | ||||||
13 | petitioner's employment related duties, or to allow the | ||||||
14 | petitioner to transport himself or herself or a family member | ||||||
15 | of the petitioner's household to a medical facility for the | ||||||
16 | receipt of necessary medical care or to allow the petitioner | ||||||
17 | to transport himself or herself to and from alcohol or drug | ||||||
18 | remedial or rehabilitative activity recommended by a licensed | ||||||
19 | service provider, or to allow the petitioner to transport | ||||||
20 | himself or herself or a family member of the petitioner's | ||||||
21 | household to classes, as a student, at an accredited | ||||||
22 | educational institution, or to allow the petitioner to | ||||||
23 | transport children, elderly persons, or persons with | ||||||
24 | disabilities who do not hold driving privileges and are living | ||||||
25 | in the petitioner's household to and from daycare; if the | ||||||
26 | petitioner is able to demonstrate that no alternative means of |
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1 | transportation is reasonably available and that the petitioner | ||||||
2 | will not endanger the public safety or welfare; provided that | ||||||
3 | the Secretary's discretion shall be limited to cases where | ||||||
4 | undue hardship, as defined by the rules of the Secretary of | ||||||
5 | State, would result from a failure to issue the restricted | ||||||
6 | driving permit. If a person is convicted of any of the offenses | ||||||
7 | enumerated in this Section and the use of alcohol or other | ||||||
8 | drugs is stated as an element of the offense, the Secretary may | ||||||
9 | in the Secretary's discretion, upon application, issue to the | ||||||
10 | person a restricted driving permit granting the privilege of | ||||||
11 | driving a motor vehicle 6 days per week, 12 hours per day | ||||||
12 | within a 200-mile radius of the person's residence for any | ||||||
13 | legal purpose. An additional day, hours, and radius may be | ||||||
14 | granted for employment purposes upon verified affidavit of the | ||||||
15 | petitioner and employer. The Secretary may adopt | ||||||
16 | administrative rules for the issuance of other types of | ||||||
17 | restricted driving permits that may be issued prior to and | ||||||
18 | after eligibility date for reinstatement in order to protect | ||||||
19 | and further the public safety and welfare. | ||||||
20 | (1.5) A person subject to the provisions of paragraph 4 of | ||||||
21 | subsection (b) of Section 6-208 of this Code may make | ||||||
22 | application for a restricted driving permit at a hearing | ||||||
23 | conducted under Section 2-118 of this Code after the | ||||||
24 | expiration of 5 years from the effective date of the most | ||||||
25 | recent revocation, or after 5 years from the date of release | ||||||
26 | from a period of imprisonment resulting from a conviction of |
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1 | the most recent offense, whichever is later, provided the | ||||||
2 | person, in addition to all other requirements of the | ||||||
3 | Secretary, shows by clear and convincing evidence: | ||||||
4 | (A) a minimum of 3 years of uninterrupted abstinence | ||||||
5 | from alcohol and the unlawful use or consumption of | ||||||
6 | cannabis under the Cannabis Control Act, a controlled | ||||||
7 | substance under the Illinois Controlled Substances Act, an | ||||||
8 | intoxicating compound under the Use of Intoxicating | ||||||
9 | Compounds Act, or methamphetamine under the | ||||||
10 | Methamphetamine Control and Community Protection Act; and | ||||||
11 | (B) the successful completion of any rehabilitative | ||||||
12 | treatment and involvement in any ongoing rehabilitative | ||||||
13 | activity that may be recommended by a properly licensed | ||||||
14 | service provider according to an assessment of the | ||||||
15 | person's alcohol or drug use under Section 11-501.01 of | ||||||
16 | this Code. | ||||||
17 | In determining whether an applicant is eligible for a | ||||||
18 | restricted driving permit under this paragraph (1.5), the | ||||||
19 | Secretary may consider any relevant evidence, including, but | ||||||
20 | not limited to, testimony, affidavits, records, and the | ||||||
21 | results of regular alcohol or drug tests. Persons subject to | ||||||
22 | the provisions of paragraph 4 of subsection (b) of Section | ||||||
23 | 6-208 of this Code and who have been convicted of more than one | ||||||
24 | violation of paragraph (3), paragraph (4), or paragraph (5) of | ||||||
25 | subsection (a) of Section 11-501 of this Code shall not be | ||||||
26 | eligible to apply for a restricted driving permit. |
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1 | A restricted driving permit issued under this paragraph | ||||||
2 | (1.5) shall provide that the holder may only operate motor | ||||||
3 | vehicles equipped with an ignition interlock device as | ||||||
4 | required under paragraph (2) of subsection (c) of this Section | ||||||
5 | and subparagraph (A) of paragraph 3 of subsection (c) of | ||||||
6 | Section 6-206 of this Code. The Secretary may revoke a | ||||||
7 | restricted driving permit or amend the conditions of a | ||||||
8 | restricted driving permit issued under this paragraph (1.5) if | ||||||
9 | the holder operates a vehicle that is not equipped with an | ||||||
10 | ignition interlock device, or for any other reason authorized | ||||||
11 | under this Code. | ||||||
12 | A restricted driving permit issued under this paragraph | ||||||
13 | (1.5) shall be revoked, and the holder barred from applying | ||||||
14 | for or being issued a restricted driving permit in the future, | ||||||
15 | if the holder is subsequently convicted of a violation of | ||||||
16 | Section 11-501 of this Code, a similar provision of a local | ||||||
17 | ordinance, or a similar offense in another state , or a similar | ||||||
18 | offense committed on a military installation . | ||||||
19 | (2) If a person's license or permit is revoked or | ||||||
20 | suspended due to one 2 or more convictions of violating | ||||||
21 | Section 11-501 of this Code or a similar provision of a local | ||||||
22 | ordinance , or a similar out-of-state offense, or a similar | ||||||
23 | offense committed on a military installation, or Section 9-3 | ||||||
24 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
25 | where the use of alcohol or other drugs is stated recited as an | ||||||
26 | element of the offense, or a similar out-of-state offense, or |
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1 | a combination of these offenses, arising out of separate | ||||||
2 | occurrences, that person, if issued a restricted driving | ||||||
3 | permit, may not operate a vehicle unless it has been equipped | ||||||
4 | with an ignition interlock device as defined in Section | ||||||
5 | 1-129.1. | ||||||
6 | (3) If: | ||||||
7 | (A) a person's license or permit is revoked or | ||||||
8 | suspended 2 or more times due to any combination of: | ||||||
9 | (i) a single conviction of violating Section | ||||||
10 | 11-501 of this Code or a similar provision of a local | ||||||
11 | ordinance or a similar out-of-state offense, or a | ||||||
12 | similar offense committed on a military installation, | ||||||
13 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, where the use of alcohol or | ||||||
15 | other drugs is stated recited as an element of the | ||||||
16 | offense, or a similar out-of-state offense or a | ||||||
17 | similar offense committed on a military installation ; | ||||||
18 | or | ||||||
19 | (ii) a statutory summary suspension or revocation | ||||||
20 | under Section 11-501.1 , a suspension under subsection | ||||||
21 | (6) of paragraph (a) of Section 6-206 where alcohol or | ||||||
22 | other drugs is stated as an element of the offense or a | ||||||
23 | suspension under subsection (31) of paragraph (a) of | ||||||
24 | Section 6-206 ; or | ||||||
25 | (iii) a suspension pursuant to Section 6-203.1; | ||||||
26 | (iv) a single disposition of court supervision of |
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1 | violating Section 11-501 or a similar provision of a | ||||||
2 | local ordinance or a similar out-of-state offense; or | ||||||
3 | (v) a single conviction of violating Section | ||||||
4 | 11-503, a similar provision of a local ordinance or a | ||||||
5 | similar out-of-state offense if the original charge | ||||||
6 | was a violation of Section 11-501, or a similar | ||||||
7 | provision of a local ordinance or a similar | ||||||
8 | out-of-state offense; | ||||||
9 | arising out of separate occurrences; or | ||||||
10 | (B) a person has been convicted of one violation of | ||||||
11 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
12 | of Section 11-501 of this Code, Section 9-3 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
14 | relating to the offense of reckless homicide where the use | ||||||
15 | of alcohol or other drugs was stated recited as an element | ||||||
16 | of the offense, or a similar provision of a law of another | ||||||
17 | state or military installation ; | ||||||
18 | that person, if issued a restricted driving permit, may not | ||||||
19 | operate a vehicle unless it has been equipped with an ignition | ||||||
20 | interlock device as defined in Section 1-129.1. | ||||||
21 | (4) The person issued a permit conditioned on the use of an | ||||||
22 | ignition interlock device must pay to the Secretary of State | ||||||
23 | DUI Administration Fund an amount not to exceed $30 per month. | ||||||
24 | The Secretary shall establish by rule the amount and the | ||||||
25 | procedures, terms, and conditions relating to these fees. | ||||||
26 | (5) The Secretary may grant an employment exception to If |
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1 | the restricted driving permit is issued for employment | ||||||
2 | purposes, then the prohibition against operating a motor | ||||||
3 | vehicle that is not equipped with an ignition interlock device | ||||||
4 | if the person is operating does not apply to the operation of | ||||||
5 | an occupational vehicle owned or leased by that person's | ||||||
6 | employer when used solely for employment purposes. For any | ||||||
7 | person who, within a 5-year period, is convicted of a second or | ||||||
8 | subsequent offense under Section 11-501 of this Code, or a | ||||||
9 | similar provision of a local ordinance or similar out-of-state | ||||||
10 | offense, or a similar offense committed on a military | ||||||
11 | installation, this employment exemption does not apply until | ||||||
12 | either a one-year period has elapsed during which that person | ||||||
13 | had his or her driving privileges revoked or a one-year period | ||||||
14 | has elapsed during which that person had a restricted driving | ||||||
15 | permit which required the use of an ignition interlock device | ||||||
16 | on every motor vehicle owned or operated by that person. | ||||||
17 | (6) In each case the Secretary of State may issue a | ||||||
18 | restricted driving permit for a period he deems appropriate, | ||||||
19 | except that the permit shall expire no later than 2 years from | ||||||
20 | the date of issuance. A restricted driving permit issued under | ||||||
21 | this Section shall be subject to cancellation, revocation, and | ||||||
22 | suspension by the Secretary of State in like manner and for | ||||||
23 | like cause as a driver's license issued under this Code may be | ||||||
24 | cancelled, revoked, or suspended; except that a conviction | ||||||
25 | upon one or more offenses against laws or ordinances | ||||||
26 | regulating the movement of traffic shall be deemed sufficient |
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1 | cause for the revocation, suspension, or cancellation of a | ||||||
2 | restricted driving permit. The Secretary of State may, as a | ||||||
3 | condition to the issuance of a restricted driving permit, | ||||||
4 | require the petitioner to participate in a designated driver | ||||||
5 | remedial or rehabilitative program. The Secretary of State is | ||||||
6 | authorized to cancel a restricted driving permit if the permit | ||||||
7 | holder does not successfully complete the program. However, if | ||||||
8 | an individual's driving privileges have been revoked in | ||||||
9 | accordance with paragraph 13 of subsection (a) of this | ||||||
10 | Section, no restricted driving permit shall be issued until | ||||||
11 | the individual has served 6 months of the revocation period. | ||||||
12 | (c-5) (Blank). | ||||||
13 | (c-6) If a person is convicted of a second violation of | ||||||
14 | operating a motor vehicle while the person's driver's license, | ||||||
15 | permit or privilege was revoked, where the revocation was for | ||||||
16 | a violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012 relating to the offense of reckless | ||||||
18 | homicide or a similar out-of-state offense or a similar | ||||||
19 | offense committed on a military installation , the person's | ||||||
20 | driving privileges shall be revoked pursuant to subdivision | ||||||
21 | (a)(15) of this Section. The person may not make application | ||||||
22 | for a license or permit until the expiration of five years from | ||||||
23 | the effective date of the revocation or the expiration of five | ||||||
24 | years from the date of release from a term of imprisonment, | ||||||
25 | whichever is later. | ||||||
26 | (c-7) If a person is convicted of a third or subsequent |
| |||||||
| |||||||
1 | violation of operating a motor vehicle while the person's | ||||||
2 | driver's license, permit or privilege was revoked, where the | ||||||
3 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
4 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
5 | offense of reckless homicide or a similar out-of-state offense | ||||||
6 | or a similar offense committed on a military installation , the | ||||||
7 | person may never apply for a license or permit. | ||||||
8 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
9 | under Section 11-501 of this Code or a similar provision of a | ||||||
10 | local ordinance or a similar out-of-state offense or a similar | ||||||
11 | offense committed on a military installation , the Secretary of | ||||||
12 | State shall revoke the driving privileges of that person. One | ||||||
13 | year after the date of revocation, and upon application, the | ||||||
14 | Secretary of State may, if satisfied that the person applying | ||||||
15 | will not endanger the public safety or welfare, issue a | ||||||
16 | restricted driving permit granting the privilege of driving a | ||||||
17 | motor vehicle only 6 days per week, 12 hours per day, within a | ||||||
18 | 200-mile radius of the person's residence for any legal | ||||||
19 | purpose between the hours of 5 a.m. and 9 p.m. or as otherwise | ||||||
20 | provided by this Section for a period of one year. After this | ||||||
21 | one-year period, and upon reapplication for a license as | ||||||
22 | provided in Section 6-106, upon payment of the appropriate | ||||||
23 | reinstatement fee provided under paragraph (b) of Section | ||||||
24 | 6-118, the Secretary of State, in his discretion, may | ||||||
25 | reinstate the petitioner's driver's license and driving | ||||||
26 | privileges, or extend the restricted driving permit as many |
| |||||||
| |||||||
1 | times as the Secretary of State deems appropriate, by | ||||||
2 | additional periods of not more than 24 months each. | ||||||
3 | (2) If a person's license or permit is revoked or | ||||||
4 | suspended due to one 2 or more convictions of violating | ||||||
5 | Section 11-501 of this Code or a similar provision of a local | ||||||
6 | ordinance or a similar out-of-state offense, or a similar | ||||||
7 | offense committed on a military installation, or Section 9-3 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
9 | where the use of alcohol or other drugs is stated recited as an | ||||||
10 | element of the offense, or a similar out-of-state offense, or | ||||||
11 | a similar offense committed on a military installation, or a | ||||||
12 | combination of these offenses, arising out of separate | ||||||
13 | occurrences, that person, if issued a restricted driving | ||||||
14 | permit, may not operate a vehicle unless it has been equipped | ||||||
15 | with an ignition interlock device as defined in Section | ||||||
16 | 1-129.1. | ||||||
17 | (3) If a person's license or permit is revoked or | ||||||
18 | suspended 2 or more times due to any combination of: | ||||||
19 | (A) a single conviction of violating Section 11-501 of | ||||||
20 | this Code or a similar provision of a local ordinance or a | ||||||
21 | similar out-of-state offense, or a similar offense | ||||||
22 | committed on a military installation, or Section 9-3 of | ||||||
23 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
24 | where the use of alcohol or other drugs is stated recited | ||||||
25 | as an element of the offense, or a similar out-of-state | ||||||
26 | offense or a similar offense committed on a military |
| |||||||
| |||||||
1 | installation ; or | ||||||
2 | (B) a statutory summary suspension or revocation under | ||||||
3 | Section 11-501.1 , a suspension under paragraph (6) of | ||||||
4 | subsection (a) of Section 6-206 where alcohol or other | ||||||
5 | drugs is stated as an element of the offense, or a | ||||||
6 | suspension under paragraph (31) of subsection (a) of | ||||||
7 | Section 6-206 ; or | ||||||
8 | (C) a suspension pursuant to Section 6-203.1; | ||||||
9 | (D) a single disposition of court supervision of | ||||||
10 | violating Section 11-501 or a similar provision of a local | ||||||
11 | ordinance or a similar out-of-state offense; or | ||||||
12 | (E) a single conviction of violating Section 11-503, a | ||||||
13 | similar provision of a local ordinance, or a similar | ||||||
14 | out-of-state offense if the original charge was a | ||||||
15 | violation of Section 11-501 or a similar provision of a | ||||||
16 | local ordinance or a similar out-of-state offense; | ||||||
17 | arising out of separate occurrences, that person, if issued a | ||||||
18 | restricted driving permit, may not operate a vehicle unless it | ||||||
19 | has been equipped with an ignition interlock device as defined | ||||||
20 | in Section 1-129.1. | ||||||
21 | (3.5) If a person's license or permit is revoked or | ||||||
22 | suspended due to a conviction for a violation of subparagraph | ||||||
23 | (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 | ||||||
24 | of this Code, or a similar provision of a local ordinance or | ||||||
25 | similar out-of-state offense, that person, if issued a | ||||||
26 | restricted driving permit, may not operate a vehicle unless it |
| |||||||
| |||||||
1 | has been equipped with an ignition interlock device as defined | ||||||
2 | in Section 1-129.1. | ||||||
3 | (4) The person issued a permit conditioned upon the use of | ||||||
4 | an interlock device must pay to the Secretary of State DUI | ||||||
5 | Administration Fund an amount not to exceed $30 per month. The | ||||||
6 | Secretary shall establish by rule the amount and the | ||||||
7 | procedures, terms, and conditions relating to these fees. | ||||||
8 | (5) The Secretary may grant an employment exception to If | ||||||
9 | the restricted driving permit is issued for employment | ||||||
10 | purposes, then the prohibition against driving a vehicle that | ||||||
11 | is not equipped with an ignition interlock device if the | ||||||
12 | person is operating does not apply to the operation of an | ||||||
13 | occupational vehicle owned or leased by that person's employer | ||||||
14 | when used solely for employment purposes. For any person who, | ||||||
15 | within a 5-year period, is convicted of a second or subsequent | ||||||
16 | offense under Section 11-501 of this Code, or a similar | ||||||
17 | provision of a local ordinance or similar out-of-state offense | ||||||
18 | or a similar offense committed on a military installation , | ||||||
19 | this employment exemption does not apply until either a | ||||||
20 | one-year period has elapsed during which that person had his | ||||||
21 | or her driving privileges revoked or a one-year period has | ||||||
22 | elapsed during which that person had a restricted driving | ||||||
23 | permit which required the use of an ignition interlock device | ||||||
24 | on every motor vehicle owned or operated by that person. | ||||||
25 | (6) A restricted driving permit issued under this Section | ||||||
26 | shall be subject to cancellation, revocation, and suspension |
| |||||||
| |||||||
1 | by the Secretary of State in like manner and for like cause as | ||||||
2 | a driver's license issued under this Code may be cancelled, | ||||||
3 | revoked, or suspended; except that a conviction upon one or | ||||||
4 | more offenses against laws or ordinances regulating the | ||||||
5 | movement of traffic shall be deemed sufficient cause for the | ||||||
6 | revocation, suspension, or cancellation of a restricted | ||||||
7 | driving permit. | ||||||
8 | (d-5) The revocation of the license, permit, or driving | ||||||
9 | privileges of a person convicted of a third or subsequent | ||||||
10 | violation of Section 6-303 of this Code committed while his or | ||||||
11 | her driver's license, permit, or privilege was revoked because | ||||||
12 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
13 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
14 | homicide, or a similar provision of a law of another state or | ||||||
15 | military installation , is permanent. The Secretary may not, at | ||||||
16 | any time, issue a license or permit to that person. | ||||||
17 | (e) This Section is subject to the provisions of the | ||||||
18 | Driver License Compact. | ||||||
19 | (f) Any revocation imposed upon any person under | ||||||
20 | subsections 2 and 3 of paragraph (b) that is in effect on | ||||||
21 | December 31, 1988 shall be converted to a suspension for a like | ||||||
22 | period of time. | ||||||
23 | (g) The Secretary of State shall not issue a restricted | ||||||
24 | driving permit to a person under the age of 16 years whose | ||||||
25 | driving privileges have been revoked under any provisions of | ||||||
26 | this Code. |
| |||||||
| |||||||
1 | (h) The Secretary of State shall require the use of | ||||||
2 | ignition interlock devices for a period not less than 5 years | ||||||
3 | on all vehicles owned by a person who has been convicted of a | ||||||
4 | second or subsequent offense under Section 11-501 of this Code | ||||||
5 | or a similar provision of a local ordinance or a similar | ||||||
6 | out-of-state offense or a similar offense committed on a | ||||||
7 | military installation . The person must pay to the Secretary of | ||||||
8 | State DUI Administration Fund an amount not to exceed $30 for | ||||||
9 | each month that he or she uses the device. The Secretary shall | ||||||
10 | establish by rule and regulation the procedures for | ||||||
11 | certification and use of the interlock system, the amount of | ||||||
12 | the fee, and the procedures, terms, and conditions relating to | ||||||
13 | these fees. During the time period in which a person is | ||||||
14 | required to install an ignition interlock device under this | ||||||
15 | subsection (h), that person shall only operate vehicles in | ||||||
16 | which ignition interlock devices have been installed, except | ||||||
17 | as allowed by subdivision (c)(5) or (d)(5) of this Section. | ||||||
18 | Regardless of whether an exemption under subdivision (c) (5) | ||||||
19 | or (d) (5) applies, every person subject to this subsection | ||||||
20 | shall not be eligible for reinstatement until the person | ||||||
21 | installs an ignition interlock device and maintains the | ||||||
22 | ignition interlock device for 5 years. | ||||||
23 | (i) (Blank). | ||||||
24 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
25 | State may not issue a restricted driving permit for the | ||||||
26 | operation of a commercial motor vehicle to a person holding a |
| |||||||
| |||||||
1 | CDL whose driving privileges have been revoked, suspended, | ||||||
2 | cancelled, or disqualified under any provisions of this Code. | ||||||
3 | (k) The Secretary of State shall notify by mail any person | ||||||
4 | whose driving privileges have been revoked under paragraph 16 | ||||||
5 | of subsection (a) of this Section that his or her driving | ||||||
6 | privileges and driver's license will be revoked 90 days from | ||||||
7 | the date of the mailing of the notice. | ||||||
8 | (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21; | ||||||
9 | 102-982, eff. 7-1-23 .)
| ||||||
10 | (625 ILCS 5/6-206) | ||||||
11 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
12 | license or permit; right to a hearing. | ||||||
13 | (a) The Secretary of State is authorized to suspend or | ||||||
14 | revoke the driving privileges of any person without | ||||||
15 | preliminary hearing upon a showing of the person's records or | ||||||
16 | other sufficient evidence that the person: | ||||||
17 | 1. Has committed an offense for which mandatory | ||||||
18 | revocation of a driver's license or permit is required | ||||||
19 | upon conviction; | ||||||
20 | 2. Has been convicted of not less than 3 offenses | ||||||
21 | against traffic regulations governing the movement of | ||||||
22 | vehicles committed within any 12-month period. No | ||||||
23 | revocation or suspension shall be entered more than 6 | ||||||
24 | months after the date of last conviction; | ||||||
25 | 3. Has been repeatedly involved as a driver in motor |
| |||||||
| |||||||
1 | vehicle collisions or has been repeatedly convicted of | ||||||
2 | offenses against laws and ordinances regulating the | ||||||
3 | movement of traffic, to a degree that indicates lack of | ||||||
4 | ability to exercise ordinary and reasonable care in the | ||||||
5 | safe operation of a motor vehicle or disrespect for the | ||||||
6 | traffic laws and the safety of other persons upon the | ||||||
7 | highway; | ||||||
8 | 4. Has by the unlawful operation of a motor vehicle | ||||||
9 | caused or contributed to a crash resulting in injury | ||||||
10 | requiring immediate professional treatment in a medical | ||||||
11 | facility or doctor's office to any person, except that any | ||||||
12 | suspension or revocation imposed by the Secretary of State | ||||||
13 | under the provisions of this subsection shall start no | ||||||
14 | later than 6 months after being convicted of violating a | ||||||
15 | law or ordinance regulating the movement of traffic, which | ||||||
16 | violation is related to the crash, or shall start not more | ||||||
17 | than one year after the date of the crash, whichever date | ||||||
18 | occurs later; | ||||||
19 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
20 | driver's license, identification card, or permit; | ||||||
21 | 6. Has been lawfully convicted of an offense or | ||||||
22 | offenses in another state, including the authorization | ||||||
23 | contained in Section 6-203.1, which if committed within | ||||||
24 | this State would be grounds for suspension or revocation; | ||||||
25 | 7. Has refused or failed to submit to an examination | ||||||
26 | provided for by Section 6-207 or has failed to pass the |
| |||||||
| |||||||
1 | examination; | ||||||
2 | 8. Is ineligible for a driver's license or permit | ||||||
3 | under the provisions of Section 6-103; | ||||||
4 | 9. Has made a false statement or knowingly concealed a | ||||||
5 | material fact or has used false information or | ||||||
6 | identification in any application for a license, | ||||||
7 | identification card, or permit; | ||||||
8 | 10. Has possessed, displayed, or attempted to | ||||||
9 | fraudulently use any license, identification card, or | ||||||
10 | permit not issued to the person; | ||||||
11 | 11. Has operated a motor vehicle upon a highway of | ||||||
12 | this State when the person's driving privilege or | ||||||
13 | privilege to obtain a driver's license or permit was | ||||||
14 | revoked or suspended unless the operation was authorized | ||||||
15 | by a monitoring device driving permit, judicial driving | ||||||
16 | permit issued prior to January 1, 2009, probationary | ||||||
17 | license to drive, or restricted driving permit issued | ||||||
18 | under this Code; | ||||||
19 | 12. Has submitted to any portion of the application | ||||||
20 | process for another person or has obtained the services of | ||||||
21 | another person to submit to any portion of the application | ||||||
22 | process for the purpose of obtaining a license, | ||||||
23 | identification card, or permit for some other person; | ||||||
24 | 13. Has operated a motor vehicle upon a highway of | ||||||
25 | this State when the person's driver's license or permit | ||||||
26 | was invalid under the provisions of Sections 6-107.1 and |
| |||||||
| |||||||
1 | 6-110; | ||||||
2 | 14. Has committed a violation of Section 6-301, | ||||||
3 | 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or | ||||||
4 | 14B of the Illinois Identification Card Act or a similar | ||||||
5 | offense in another state if, at the time of the offense, | ||||||
6 | the person held an Illinois driver's license or | ||||||
7 | identification card; | ||||||
8 | 15. Has been convicted of violating Section 21-2 of | ||||||
9 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
10 | relating to criminal trespass to vehicles if the person | ||||||
11 | exercised actual physical control over the vehicle during | ||||||
12 | the commission of the offense, in which case the | ||||||
13 | suspension shall be for one year; | ||||||
14 | 16. Has been convicted of violating Section 11-204 of | ||||||
15 | this Code relating to fleeing from a peace officer; | ||||||
16 | 17. Has refused to submit to a test, or tests, as | ||||||
17 | required under Section 11-501.1 of this Code and the | ||||||
18 | person has not sought a hearing as provided for in Section | ||||||
19 | 11-501.1; | ||||||
20 | 18. (Blank); | ||||||
21 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
22 | of Section 6-101 relating to driving without a driver's | ||||||
23 | license; | ||||||
24 | 20. Has been convicted of violating Section 6-104 | ||||||
25 | relating to classification of driver's license; | ||||||
26 | 21. Has been convicted of violating Section 11-402 of |
| |||||||
| |||||||
1 | this Code relating to leaving the scene of a crash | ||||||
2 | resulting in damage to a vehicle in excess of $1,000, in | ||||||
3 | which case the suspension shall be for one year; | ||||||
4 | 22. Has used a motor vehicle in violating paragraph | ||||||
5 | (3), (4), (7), or (9) of subsection (a) of Section 24-1 of | ||||||
6 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
7 | relating to unlawful possession of weapons, in which case | ||||||
8 | the suspension shall be for one year; | ||||||
9 | 23. Has, as a driver, been convicted of committing a | ||||||
10 | violation of paragraph (a) of Section 11-502 of this Code | ||||||
11 | for a second or subsequent time within one year of a | ||||||
12 | similar violation; | ||||||
13 | 24. Has been convicted by a court-martial or punished | ||||||
14 | by non-judicial punishment by military authorities of the | ||||||
15 | United States at a military installation in Illinois or in | ||||||
16 | another state of or for a traffic-related offense that is | ||||||
17 | the same as or similar to an offense specified under | ||||||
18 | Section 6-205 or 6-206 of this Code; | ||||||
19 | 25. Has permitted any form of identification to be | ||||||
20 | used by another in the application process in order to | ||||||
21 | obtain or attempt to obtain a license, identification | ||||||
22 | card, or permit; | ||||||
23 | 26. Has altered or attempted to alter a license or has | ||||||
24 | possessed an altered license, identification card, or | ||||||
25 | permit; | ||||||
26 | 27. (Blank); |
| |||||||
| |||||||
1 | 28. Has been convicted for a first time of the illegal | ||||||
2 | possession, while operating or in actual physical control, | ||||||
3 | as a driver, of a motor vehicle, of any controlled | ||||||
4 | substance prohibited under the Illinois Controlled | ||||||
5 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
6 | Control Act, or any methamphetamine prohibited under the | ||||||
7 | Methamphetamine Control and Community Protection Act, in | ||||||
8 | which case the person's driving privileges shall be | ||||||
9 | suspended for one year. Any defendant found guilty of this | ||||||
10 | offense while operating a motor vehicle shall have an | ||||||
11 | entry made in the court record by the presiding judge that | ||||||
12 | this offense did occur while the defendant was operating a | ||||||
13 | motor vehicle and order the clerk of the court to report | ||||||
14 | the violation to the Secretary of State; | ||||||
15 | 29. Has been convicted of the following offenses that | ||||||
16 | were committed while the person was operating or in actual | ||||||
17 | physical control, as a driver, of a motor vehicle: | ||||||
18 | criminal sexual assault, predatory criminal sexual assault | ||||||
19 | of a child, aggravated criminal sexual assault, criminal | ||||||
20 | sexual abuse, aggravated criminal sexual abuse, juvenile | ||||||
21 | pimping, soliciting for a juvenile prostitute, promoting | ||||||
22 | juvenile prostitution as described in subdivision (a)(1), | ||||||
23 | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012, and the manufacture, | ||||||
25 | sale or delivery of controlled substances or instruments | ||||||
26 | used for illegal drug use or abuse in which case the |
| |||||||
| |||||||
1 | driver's driving privileges shall be suspended for one | ||||||
2 | year; | ||||||
3 | 30. Has been convicted a second or subsequent time for | ||||||
4 | any combination of the offenses named in paragraph 29 of | ||||||
5 | this subsection, in which case the person's driving | ||||||
6 | privileges shall be suspended for 5 years; | ||||||
7 | 31. Has refused to submit to a test as required by | ||||||
8 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
9 | Registration and Safety Act or has submitted to a test | ||||||
10 | resulting in an alcohol concentration of 0.08 or more or | ||||||
11 | any amount of a drug, substance, or compound resulting | ||||||
12 | from the unlawful use or consumption of cannabis as listed | ||||||
13 | in the Cannabis Control Act, a controlled substance as | ||||||
14 | listed in the Illinois Controlled Substances Act, an | ||||||
15 | intoxicating compound as listed in the Use of Intoxicating | ||||||
16 | Compounds Act, or methamphetamine as listed in the | ||||||
17 | Methamphetamine Control and Community Protection Act, in | ||||||
18 | which case the penalty shall be as prescribed in Section | ||||||
19 | 6-208.1; | ||||||
20 | 32. Has been convicted of Section 24-1.2 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
22 | relating to the aggravated discharge of a firearm if the | ||||||
23 | offender was located in a motor vehicle at the time the | ||||||
24 | firearm was discharged, in which case the suspension shall | ||||||
25 | be for 3 years; | ||||||
26 | 33. Has as a driver, who was less than 21 years of age |
| |||||||
| |||||||
1 | on the date of the offense, been convicted a first time of | ||||||
2 | a violation of paragraph (a) of Section 11-502 of this | ||||||
3 | Code or a similar provision of a local ordinance; | ||||||
4 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
5 | this Code or a similar provision of a local ordinance; | ||||||
6 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
7 | this Code or a similar provision of a local ordinance; | ||||||
8 | 36. Is under the age of 21 years at the time of arrest | ||||||
9 | and has been convicted of not less than 2 offenses against | ||||||
10 | traffic regulations governing the movement of vehicles | ||||||
11 | committed within any 24-month period. No revocation or | ||||||
12 | suspension shall be entered more than 6 months after the | ||||||
13 | date of last conviction; | ||||||
14 | 37. Has committed a violation of subsection (c) of | ||||||
15 | Section 11-907 of this Code that resulted in damage to the | ||||||
16 | property of another or the death or injury of another; | ||||||
17 | 38. Has been convicted of a violation of Section 6-20 | ||||||
18 | of the Liquor Control Act of 1934 or a similar provision of | ||||||
19 | a local ordinance and the person was an occupant of a motor | ||||||
20 | vehicle at the time of the violation; | ||||||
21 | 39. Has committed a second or subsequent violation of | ||||||
22 | Section 11-1201 of this Code; | ||||||
23 | 40. Has committed a violation of subsection (a-1) of | ||||||
24 | Section 11-908 of this Code; | ||||||
25 | 41. Has committed a second or subsequent violation of | ||||||
26 | Section 11-605.1 of this Code, a similar provision of a |
| |||||||
| |||||||
1 | local ordinance, or a similar violation in any other state | ||||||
2 | within 2 years of the date of the previous violation, in | ||||||
3 | which case the suspension shall be for 90 days; | ||||||
4 | 42. Has committed a violation of subsection (a-1) of | ||||||
5 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
6 | local ordinance; | ||||||
7 | 43. Has received a disposition of court supervision | ||||||
8 | for a violation of subsection (a), (d), or (e) of Section | ||||||
9 | 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
10 | provision of a local ordinance and the person was an | ||||||
11 | occupant of a motor vehicle at the time of the violation, | ||||||
12 | in which case the suspension shall be for a period of 3 | ||||||
13 | months; | ||||||
14 | 44. Is under the age of 21 years at the time of arrest | ||||||
15 | and has been convicted of an offense against traffic | ||||||
16 | regulations governing the movement of vehicles after | ||||||
17 | having previously had his or her driving privileges | ||||||
18 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
19 | Section; | ||||||
20 | 45. Has, in connection with or during the course of a | ||||||
21 | formal hearing conducted under Section 2-118 of this Code: | ||||||
22 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
23 | falsified documents; (iii) submitted documents that have | ||||||
24 | been materially altered; or (iv) submitted, as his or her | ||||||
25 | own, documents that were in fact prepared or composed for | ||||||
26 | another person; |
| |||||||
| |||||||
1 | 46. Has committed a violation of subsection (j) of | ||||||
2 | Section 3-413 of this Code; | ||||||
3 | 47. Has committed a violation of subsection (a) of | ||||||
4 | Section 11-502.1 of this Code; | ||||||
5 | 48. Has submitted a falsified or altered medical | ||||||
6 | examiner's certificate to the Secretary of State or | ||||||
7 | provided false information to obtain a medical examiner's | ||||||
8 | certificate; | ||||||
9 | 49. Has been convicted of a violation of Section | ||||||
10 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
11 | another, in which case the driving privileges of the | ||||||
12 | person shall be suspended for 12 months; | ||||||
13 | 50. Has committed a violation of subsection (b-5) of | ||||||
14 | Section 12-610.2 that resulted in great bodily harm, | ||||||
15 | permanent disability, or disfigurement, in which case the | ||||||
16 | driving privileges of the person shall be suspended for 12 | ||||||
17 | months; | ||||||
18 | 51. Has committed a violation of Section 10-15 Of the | ||||||
19 | Cannabis Regulation and Tax Act or a similar provision of | ||||||
20 | a local ordinance while in a motor vehicle; or | ||||||
21 | 52. Has committed a violation of subsection (b) of | ||||||
22 | Section 10-20 of the Cannabis Regulation and Tax Act or a | ||||||
23 | similar provision of a local ordinance. | ||||||
24 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
25 | and 27 of this subsection, license means any driver's license, | ||||||
26 | any traffic ticket issued when the person's driver's license |
| |||||||
| |||||||
1 | is deposited in lieu of bail, a suspension notice issued by the | ||||||
2 | Secretary of State, a duplicate or corrected driver's license, | ||||||
3 | a probationary driver's license, or a temporary driver's | ||||||
4 | license. | ||||||
5 | (b) If any conviction forming the basis of a suspension or | ||||||
6 | revocation authorized under this Section is appealed, the | ||||||
7 | Secretary of State may rescind or withhold the entry of the | ||||||
8 | order of suspension or revocation, as the case may be, | ||||||
9 | provided that a certified copy of a stay order of a court is | ||||||
10 | filed with the Secretary of State. If the conviction is | ||||||
11 | affirmed on appeal, the date of the conviction shall relate | ||||||
12 | back to the time the original judgment of conviction was | ||||||
13 | entered and the 6-month limitation prescribed shall not apply. | ||||||
14 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
15 | permit of any person as authorized in this Section, the | ||||||
16 | Secretary of State shall immediately notify the person in | ||||||
17 | writing of the revocation or suspension. The notice to be | ||||||
18 | deposited in the United States mail, postage prepaid, to the | ||||||
19 | last known address of the person. | ||||||
20 | 2. If the Secretary of State suspends the driver's license | ||||||
21 | of a person under subsection 2 of paragraph (a) of this | ||||||
22 | Section, a person's privilege to operate a vehicle as an | ||||||
23 | occupation shall not be suspended, provided an affidavit is | ||||||
24 | properly completed, the appropriate fee received, and a permit | ||||||
25 | issued prior to the effective date of the suspension, unless 5 | ||||||
26 | offenses were committed, at least 2 of which occurred while |
| |||||||
| |||||||
1 | operating a commercial vehicle in connection with the driver's | ||||||
2 | regular occupation. All other driving privileges shall be | ||||||
3 | suspended by the Secretary of State. Any driver prior to | ||||||
4 | operating a vehicle for occupational purposes only must submit | ||||||
5 | the affidavit on forms to be provided by the Secretary of State | ||||||
6 | setting forth the facts of the person's occupation. The | ||||||
7 | affidavit shall also state the number of offenses committed | ||||||
8 | while operating a vehicle in connection with the driver's | ||||||
9 | regular occupation. The affidavit shall be accompanied by the | ||||||
10 | driver's license. Upon receipt of a properly completed | ||||||
11 | affidavit, the Secretary of State shall issue the driver a | ||||||
12 | permit to operate a vehicle in connection with the driver's | ||||||
13 | regular occupation only. Unless the permit is issued by the | ||||||
14 | Secretary of State prior to the date of suspension, the | ||||||
15 | privilege to drive any motor vehicle shall be suspended as set | ||||||
16 | forth in the notice that was mailed under this Section. If an | ||||||
17 | affidavit is received subsequent to the effective date of this | ||||||
18 | suspension, a permit may be issued for the remainder of the | ||||||
19 | suspension period. | ||||||
20 | The provisions of this subparagraph shall not apply to any | ||||||
21 | driver required to possess a CDL for the purpose of operating a | ||||||
22 | commercial motor vehicle. | ||||||
23 | Any person who falsely states any fact in the affidavit | ||||||
24 | required herein shall be guilty of perjury under Section 6-302 | ||||||
25 | and upon conviction thereof shall have all driving privileges | ||||||
26 | revoked without further rights. |
| |||||||
| |||||||
1 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
2 | this Code, the Secretary of State shall either rescind or | ||||||
3 | continue an order of revocation or shall substitute an order | ||||||
4 | of suspension; or, good cause appearing therefor, rescind, | ||||||
5 | continue, change, or extend the order of suspension. If the | ||||||
6 | Secretary of State does not rescind the order and the use of | ||||||
7 | alcohol or other drugs is not stated as an element of the | ||||||
8 | offense , the Secretary may upon application, to relieve undue | ||||||
9 | hardship (as defined by the rules of the Secretary of State), | ||||||
10 | issue a restricted driving permit granting the privilege of | ||||||
11 | driving a motor vehicle between the petitioner's residence and | ||||||
12 | petitioner's place of employment or within the scope of the | ||||||
13 | petitioner's employment-related duties, or to allow the | ||||||
14 | petitioner to transport himself or herself, or a family member | ||||||
15 | of the petitioner's household to a medical facility, to | ||||||
16 | receive necessary medical care, to allow the petitioner to | ||||||
17 | transport himself or herself to and from alcohol or drug | ||||||
18 | remedial or rehabilitative activity recommended by a licensed | ||||||
19 | service provider, or to allow the petitioner to transport | ||||||
20 | himself or herself or a family member of the petitioner's | ||||||
21 | household to classes, as a student, at an accredited | ||||||
22 | educational institution, or to allow the petitioner to | ||||||
23 | transport children, elderly persons, or persons with | ||||||
24 | disabilities who do not hold driving privileges and are living | ||||||
25 | in the petitioner's household to and from daycare. The | ||||||
26 | petitioner must demonstrate that no alternative means of |
| |||||||
| |||||||
1 | transportation is reasonably available and that the petitioner | ||||||
2 | will not endanger the public safety or welfare. If a person is | ||||||
3 | convicted of any offenses enumerated in this Section and the | ||||||
4 | use of alcohol or other drugs is stated as an element of the | ||||||
5 | offense, the Secretary may in the Secretary's discretion, upon | ||||||
6 | application, issue to the person a restricted driving permit | ||||||
7 | granting the privilege of driving a motor vehicle 6 days per | ||||||
8 | week, 12 hours per day, within a 200-mile radius of the | ||||||
9 | person's residence for any legal purpose. An additional day, | ||||||
10 | hours, and radius may be granted for employment purposes upon | ||||||
11 | verified affidavit of the petitioner and employer. The | ||||||
12 | Secretary may adopt administrative rules for the issuance of | ||||||
13 | other types of restricted driving permits that may be issued | ||||||
14 | prior to and after eligibility date for reinstatement in order | ||||||
15 | to protect and further the public safety and welfare. | ||||||
16 | (A) If a person's license or permit is revoked or | ||||||
17 | suspended due to one 2 or more convictions of violating | ||||||
18 | Section 11-501 of this Code or a similar provision of a | ||||||
19 | local ordinance or a similar out-of-state offense or a | ||||||
20 | similar offense committed on a military installation , or | ||||||
21 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012, where the use of alcohol or other drugs is | ||||||
23 | stated recited as an element of the offense, or a similar | ||||||
24 | out-of-state offense, or a similar offense committed on a | ||||||
25 | military installation, or a combination of these offenses, | ||||||
26 | arising out of separate occurrences, that person, if |
| |||||||
| |||||||
1 | issued a restricted driving permit, may not operate a | ||||||
2 | vehicle unless it has been equipped with an ignition | ||||||
3 | interlock device as defined in Section 1-129.1. | ||||||
4 | (B) If a person's license or permit is revoked or | ||||||
5 | suspended 2 or more times due to any combination of: | ||||||
6 | (i) a single conviction of violating Section | ||||||
7 | 11-501 of this Code or a similar provision of a local | ||||||
8 | ordinance or a similar out-of-state offense or a | ||||||
9 | similar offense committed on a military installation | ||||||
10 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, where the use of alcohol or | ||||||
12 | other drugs is stated recited as an element of the | ||||||
13 | offense, or a similar out-of-state offense or a | ||||||
14 | similar offense committed on a military installation ; | ||||||
15 | or | ||||||
16 | (ii) a statutory summary suspension or revocation | ||||||
17 | under Section 11-501.1 or a suspension under paragraph | ||||||
18 | (6) of subsection (a) of Section 6-206 where alcohol | ||||||
19 | or other drugs is stated as an element of the offense | ||||||
20 | or a suspension under paragraph (31) of subsection (a) | ||||||
21 | of Section 6-206 ; or | ||||||
22 | (iii) a suspension under Section 6-203.1; | ||||||
23 | (iv) a single disposition of court supervision of | ||||||
24 | violating Section 11-501 or a similar provision of a | ||||||
25 | local ordinance or a similar out-of-state offense; or | ||||||
26 | (v) a single conviction of violating Section |
| |||||||
| |||||||
1 | 11-503, a similar provision of a local ordinance or a | ||||||
2 | similar out-of-state offense if the original charge | ||||||
3 | was a violation of Section 11-501 or a similar | ||||||
4 | provision of a local ordinance or a similar | ||||||
5 | out-of-state offense; | ||||||
6 | arising out of separate occurrences; that person, if | ||||||
7 | issued a restricted driving permit, may not operate a | ||||||
8 | vehicle unless it has been equipped with an ignition | ||||||
9 | interlock device as defined in Section 1-129.1. | ||||||
10 | (B-5) If a person's license or permit is revoked or | ||||||
11 | suspended due to a conviction for a violation of | ||||||
12 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
13 | of Section 11-501 of this Code, or a similar provision of a | ||||||
14 | local ordinance or similar out-of-state offense or a | ||||||
15 | similar offense committed on a military installation , that | ||||||
16 | person, if issued a restricted driving permit, may not | ||||||
17 | operate a vehicle unless it has been equipped with an | ||||||
18 | ignition interlock device as defined in Section 1-129.1. | ||||||
19 | (C) The person issued a permit conditioned upon the | ||||||
20 | use of an ignition interlock device must pay to the | ||||||
21 | Secretary of State DUI Administration Fund an amount not | ||||||
22 | to exceed $30 per month. The Secretary shall establish by | ||||||
23 | rule the amount and the procedures, terms, and conditions | ||||||
24 | relating to these fees. | ||||||
25 | (D) The Secretary may grant an employment exception to | ||||||
26 | If the restricted driving permit is issued for employment |
| |||||||
| |||||||
1 | purposes, then the prohibition against operating a motor | ||||||
2 | vehicle that is not equipped with an ignition interlock | ||||||
3 | device to a person operating does not apply to the | ||||||
4 | operation of an occupational vehicle owned or leased by | ||||||
5 | that person's employer when used solely for employment | ||||||
6 | purposes. For any person who, within a 5-year period, is | ||||||
7 | convicted of a second or subsequent offense under Section | ||||||
8 | 11-501 of this Code, or a similar provision of a local | ||||||
9 | ordinance or similar out-of-state offense or a similar | ||||||
10 | offense committed on a military installation , this | ||||||
11 | employment exemption does not apply until either a | ||||||
12 | one-year period has elapsed during which that person had | ||||||
13 | his or her driving privileges revoked or a one-year period | ||||||
14 | has elapsed during which that person had a restricted | ||||||
15 | driving permit which required the use of an ignition | ||||||
16 | interlock device on every motor vehicle owned or operated | ||||||
17 | by that person. | ||||||
18 | (E) In each case the Secretary may issue a restricted | ||||||
19 | driving permit for a period deemed appropriate, except | ||||||
20 | that all permits shall expire no later than 2 years from | ||||||
21 | the date of issuance. A restricted driving permit issued | ||||||
22 | under this Section shall be subject to cancellation, | ||||||
23 | revocation, and suspension by the Secretary of State in | ||||||
24 | like manner and for like cause as a driver's license | ||||||
25 | issued under this Code may be cancelled, revoked, or | ||||||
26 | suspended; except that a conviction upon one or more |
| |||||||
| |||||||
1 | offenses against laws or ordinances regulating the | ||||||
2 | movement of traffic shall be deemed sufficient cause for | ||||||
3 | the revocation, suspension, or cancellation of a | ||||||
4 | restricted driving permit. The Secretary of State may, as | ||||||
5 | a condition to the issuance of a restricted driving | ||||||
6 | permit, require the applicant to participate in a | ||||||
7 | designated driver remedial or rehabilitative program. The | ||||||
8 | Secretary of State is authorized to cancel a restricted | ||||||
9 | driving permit if the permit holder does not successfully | ||||||
10 | complete the program. | ||||||
11 | (F) A person subject to the provisions of paragraph 4 | ||||||
12 | of subsection (b) of Section 6-208 of this Code may make | ||||||
13 | application for a restricted driving permit at a hearing | ||||||
14 | conducted under Section 2-118 of this Code after the | ||||||
15 | expiration of 5 years from the effective date of the most | ||||||
16 | recent revocation or after 5 years from the date of | ||||||
17 | release from a period of imprisonment resulting from a | ||||||
18 | conviction of the most recent offense, whichever is later, | ||||||
19 | provided the person, in addition to all other requirements | ||||||
20 | of the Secretary, shows by clear and convincing evidence: | ||||||
21 | (i) a minimum of 3 years of uninterrupted | ||||||
22 | abstinence from alcohol and the unlawful use or | ||||||
23 | consumption of cannabis under the Cannabis Control | ||||||
24 | Act, a controlled substance under the Illinois | ||||||
25 | Controlled Substances Act, an intoxicating compound | ||||||
26 | under the Use of Intoxicating Compounds Act, or |
| |||||||
| |||||||
1 | methamphetamine under the Methamphetamine Control and | ||||||
2 | Community Protection Act; and | ||||||
3 | (ii) the successful completion of any | ||||||
4 | rehabilitative treatment and involvement in any | ||||||
5 | ongoing rehabilitative activity that may be | ||||||
6 | recommended by a properly licensed service provider | ||||||
7 | according to an assessment of the person's alcohol or | ||||||
8 | drug use under Section 11-501.01 of this Code. | ||||||
9 | In determining whether an applicant is eligible for a | ||||||
10 | restricted driving permit under this subparagraph (F), the | ||||||
11 | Secretary may consider any relevant evidence, including, | ||||||
12 | but not limited to, testimony, affidavits, records, and | ||||||
13 | the results of regular alcohol or drug tests. Persons | ||||||
14 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
15 | of Section 6-208 of this Code and who have been convicted | ||||||
16 | of more than one violation of paragraph (3), paragraph | ||||||
17 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
18 | of this Code shall not be eligible to apply for a | ||||||
19 | restricted driving permit under this subparagraph (F). | ||||||
20 | A restricted driving permit issued under this | ||||||
21 | subparagraph (F) shall provide that the holder may only | ||||||
22 | operate motor vehicles equipped with an ignition interlock | ||||||
23 | device as required under paragraph (2) of subsection (c) | ||||||
24 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
25 | paragraph 3 of subsection (c) of this Section. The | ||||||
26 | Secretary may revoke a restricted driving permit or amend |
| |||||||
| |||||||
1 | the conditions of a restricted driving permit issued under | ||||||
2 | this subparagraph (F) if the holder operates a vehicle | ||||||
3 | that is not equipped with an ignition interlock device, or | ||||||
4 | for any other reason authorized under this Code. | ||||||
5 | A restricted driving permit issued under this | ||||||
6 | subparagraph (F) shall be revoked, and the holder barred | ||||||
7 | from applying for or being issued a restricted driving | ||||||
8 | permit in the future, if the holder is convicted of a | ||||||
9 | violation of Section 11-501 of this Code, a similar | ||||||
10 | provision of a local ordinance, or a similar offense in | ||||||
11 | another state or on a military installation . | ||||||
12 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
13 | subsection (a), reports received by the Secretary of State | ||||||
14 | under this Section shall, except during the actual time the | ||||||
15 | suspension is in effect, be privileged information and for use | ||||||
16 | only by the courts, police officers, prosecuting authorities, | ||||||
17 | the driver licensing administrator of any other state, the | ||||||
18 | Secretary of State, or the parent or legal guardian of a driver | ||||||
19 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
20 | person is a CDL holder, the suspension shall also be made | ||||||
21 | available to the driver licensing administrator of any other | ||||||
22 | state, the U.S. Department of Transportation, and the affected | ||||||
23 | driver or motor carrier or prospective motor carrier upon | ||||||
24 | request. | ||||||
25 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
26 | subsection (a), the Secretary of State shall notify the person |
| |||||||
| |||||||
1 | by mail that his or her driving privileges and driver's | ||||||
2 | license will be suspended one month after the date of the | ||||||
3 | mailing of the notice. | ||||||
4 | (c-5) The Secretary of State may, as a condition of the | ||||||
5 | reissuance of a driver's license or permit to an applicant | ||||||
6 | whose driver's license or permit has been suspended before he | ||||||
7 | or she reached the age of 21 years pursuant to any of the | ||||||
8 | provisions of this Section, require the applicant to | ||||||
9 | participate in a driver remedial education course and be | ||||||
10 | retested under Section 6-109 of this Code. | ||||||
11 | (d) This Section is subject to the provisions of the | ||||||
12 | Driver License Compact. | ||||||
13 | (e) The Secretary of State shall not issue a restricted | ||||||
14 | driving permit to a person under the age of 16 years whose | ||||||
15 | driving privileges have been suspended or revoked under any | ||||||
16 | provisions of this Code. | ||||||
17 | (f) In accordance with 49 CFR 384, the Secretary of State | ||||||
18 | may not issue a restricted driving permit for the operation of | ||||||
19 | a commercial motor vehicle to a person holding a CDL whose | ||||||
20 | driving privileges have been suspended, revoked, cancelled, or | ||||||
21 | disqualified under any provisions of this Code. | ||||||
22 | (Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; | ||||||
23 | 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. | ||||||
24 | 7-1-23; 103-154, eff. 6-30-23; 103-822, eff. 1-1-25 .)
| ||||||
25 | (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208) |
| |||||||
| |||||||
1 | Sec. 6-208. Period of suspension - application after | ||||||
2 | revocation. | ||||||
3 | (a) Except as otherwise provided by this Code or any other | ||||||
4 | law of this State, the Secretary of State shall not suspend a | ||||||
5 | driver's license, permit, or privilege to drive a motor | ||||||
6 | vehicle on the highways for a period of more than one year. | ||||||
7 | (b) Any person whose license, permit, or privilege to | ||||||
8 | drive a motor vehicle on the highways has been revoked shall | ||||||
9 | not be entitled to have such license, permit, or privilege | ||||||
10 | renewed or restored. However, such person may, except as | ||||||
11 | provided under subsections (d) and (d-5) of Section 6-205, | ||||||
12 | make application for a license pursuant to Section 6-106 (i) | ||||||
13 | if the revocation was for a cause that has been removed or (ii) | ||||||
14 | as provided in the following subparagraphs: | ||||||
15 | 1. Except as provided in subparagraphs 1.3, 1.5, 2, 3, | ||||||
16 | 4, and 5, the person may make application for a license (A) | ||||||
17 | after the expiration of one year from the effective date | ||||||
18 | of the revocation, (B) in the case of a violation of | ||||||
19 | paragraph (b) of Section 11-401 of this Code or a similar | ||||||
20 | provision of a local ordinance, after the expiration of 3 | ||||||
21 | years from the effective date of the revocation, or (C) in | ||||||
22 | the case of a violation of Section 9-3 of the Criminal Code | ||||||
23 | of 1961 or the Criminal Code of 2012 or a similar provision | ||||||
24 | of a law of another state or a similar offense committed on | ||||||
25 | a military installation relating to the offense of | ||||||
26 | reckless homicide or a violation of subparagraph (F) of |
| |||||||
| |||||||
1 | paragraph 1 of subsection (d) of Section 11-501 of this | ||||||
2 | Code relating to aggravated driving under the influence of | ||||||
3 | alcohol, other drug or drugs, intoxicating compound or | ||||||
4 | compounds, or any combination thereof, a similar provision | ||||||
5 | of a law of another state, or a similar offense committed | ||||||
6 | on a military installation, if the violation was the | ||||||
7 | proximate cause of a death, after the expiration of 2 | ||||||
8 | years from the effective date of the revocation or after | ||||||
9 | the expiration of 24 months from the date of release from a | ||||||
10 | period of imprisonment as provided in Section 6-103 of | ||||||
11 | this Code, whichever is later. | ||||||
12 | 1.3. If the person is convicted of a second or | ||||||
13 | subsequent violation of Section 11-501 of this Code or a | ||||||
14 | similar provision of a local ordinance or a similar | ||||||
15 | out-of-state offense, or a similar offense committed on a | ||||||
16 | military installation, or Section 9-3 of the Criminal Code | ||||||
17 | of 1961 or the Criminal Code of 2012, in which the use of | ||||||
18 | alcohol or other drugs is stated recited as an element of | ||||||
19 | the offense, or a similar out-of-state offense, or a | ||||||
20 | similar offense committed on a military installation, or a | ||||||
21 | combination of these offenses, arising out of separate | ||||||
22 | occurrences, that person may not make application for a | ||||||
23 | driver's license until: | ||||||
24 | (A) the person has first been issued a restricted | ||||||
25 | driving permit by the Secretary of State; and | ||||||
26 | (B) the expiration of a continuous period of not |
| |||||||
| |||||||
1 | less than 5 years following the issuance of the | ||||||
2 | restricted driving permit during which the person's | ||||||
3 | restricted driving permit is not suspended, cancelled, | ||||||
4 | or revoked for a violation of any provision of law, or | ||||||
5 | any rule or regulation of the Secretary of State | ||||||
6 | relating to the required use of an ignition interlock | ||||||
7 | device. | ||||||
8 | 1.5. If the person is convicted of a violation of | ||||||
9 | Section 6-303 of this Code committed while his or her | ||||||
10 | driver's license, permit, or privilege was revoked because | ||||||
11 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
12 | or the Criminal Code of 2012, relating to the offense of | ||||||
13 | reckless homicide, or a similar provision of a law of | ||||||
14 | another state, or a similar offense committed on a | ||||||
15 | military installation, the person may not make application | ||||||
16 | for a license or permit until the expiration of 3 years | ||||||
17 | from the date of the conviction. | ||||||
18 | 2. If such person is convicted of committing a second | ||||||
19 | violation within a 20-year period of: | ||||||
20 | (A) Section 11-501 of this Code , or a similar | ||||||
21 | provision of a local ordinance , a similar provision of | ||||||
22 | a law of another state, or a similar offense committed | ||||||
23 | on a military installation ; | ||||||
24 | (B) Paragraph (b) of Section 11-401 of this Code , | ||||||
25 | or a similar provision of a local ordinance , a similar | ||||||
26 | provision of a law of another state, or a similar |
| |||||||
| |||||||
1 | offense committed on a military installation ; | ||||||
2 | (C) Section 9-3 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012, relating to the offense of | ||||||
4 | reckless homicide , a similar provision of a law of | ||||||
5 | another state, or a similar offense committed on a | ||||||
6 | military installation ; or | ||||||
7 | (D) any combination of the above offenses | ||||||
8 | committed at different instances; | ||||||
9 | then such person may not make application for a license | ||||||
10 | until after the expiration of 5 years from the effective | ||||||
11 | date of the most recent revocation. The 20-year period | ||||||
12 | shall be computed by using the dates the offenses were | ||||||
13 | committed and shall also include similar out-of-state | ||||||
14 | offenses and similar offenses committed on a military | ||||||
15 | installation. | ||||||
16 | 2.5. If a person is convicted of a second violation of | ||||||
17 | Section 6-303 of this Code committed while the person's | ||||||
18 | driver's license, permit, or privilege was revoked because | ||||||
19 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
20 | or the Criminal Code of 2012, relating to the offense of | ||||||
21 | reckless homicide, or a similar provision of a law of | ||||||
22 | another state, or a similar offense committed on a | ||||||
23 | military installation, the person may not make application | ||||||
24 | for a license or permit until the expiration of 5 years | ||||||
25 | from the date of release from a term of imprisonment. | ||||||
26 | 3. However, except as provided in subparagraph 4, if |
| |||||||
| |||||||
1 | such person is convicted of committing a third violation | ||||||
2 | or any combination of the above offenses, including | ||||||
3 | similar out-of-state offenses and similar offenses | ||||||
4 | committed on a military installation, contained in | ||||||
5 | subparagraph 2, then such person may not make application | ||||||
6 | for a license until after the expiration of 10 years from | ||||||
7 | the effective date of the most recent revocation. | ||||||
8 | 4. Except as provided in paragraph (1.5) of subsection | ||||||
9 | (c) of Section 6-205 and subparagraph (F) of paragraph 3 | ||||||
10 | of subsection (c) of Section 6-206 of this Code, the | ||||||
11 | person may not make application for a license if the | ||||||
12 | person is convicted of committing a fourth or subsequent | ||||||
13 | violation of Section 11-501 of this Code or a similar | ||||||
14 | provision of a local ordinance, Section 11-401 of this | ||||||
15 | Code, Section 9-3 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012, or a combination of these offenses, | ||||||
17 | similar provisions of local ordinances, similar | ||||||
18 | out-of-state offenses, or similar offenses committed on a | ||||||
19 | military installation. | ||||||
20 | 4.5. A bona fide resident of a foreign jurisdiction | ||||||
21 | who is subject to the provisions of subparagraph 4 of this | ||||||
22 | subsection (b) may make application for termination of the | ||||||
23 | revocation after a period of 10 years from the effective | ||||||
24 | date of the most recent revocation. However, if a person | ||||||
25 | who has been granted a termination of revocation under | ||||||
26 | this subparagraph 4.5 subsequently becomes a resident of |
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