Illinois-2025-HB2658-Introduced

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2658

Introduced , by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:

`625 ILCS 5/2-118`	`from Ch. 95 1/2, par. 2-118`
`625 ILCS 5/6-205`
`625 ILCS 5/6-206`
`625 ILCS 5/6-208`	`from Ch. 95 1/2, par. 6-208`

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.

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A BILL FOR

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1 AN ACT concerning transportation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Vehicle Code is amended by

5 changing Sections 2-118, 6-205, 6-206, and 6-208 as follows:

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.)

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

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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

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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

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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

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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

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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.

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1 (h) The Secretary of State shall require the use of

2 ignition interlock devices for a period not less than 5 years

3 on all vehicles owned by a person who has been convicted of a

4 second or subsequent offense under Section 11-501 of this Code

5 or a similar provision of a local ordinance 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

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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

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1 vehicle collisions or has been repeatedly convicted of

2 offenses against laws and ordinances regulating the

3 movement of traffic, to a degree that indicates lack of

4 ability to exercise ordinary and reasonable care in the

5 safe operation of a motor vehicle or disrespect for the

6 traffic laws and the safety of other persons upon the

7 highway;

8 4. Has by the unlawful operation of a motor vehicle

9 caused or contributed to 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

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1 examination;

2 8. Is ineligible for a driver's license or permit

3 under the provisions of Section 6-103;

4 9. Has made a false statement or knowingly concealed a

5 material fact or has used false information or

6 identification in any application for a license,

7 identification card, or permit;

8 10. Has possessed, displayed, or attempted to

9 fraudulently use any license, identification card, or

10 permit not issued to the person;

11 11. Has operated a motor vehicle upon a highway of

12 this State when the person's driving privilege or

13 privilege to obtain a driver's license or permit was

14 revoked or suspended unless the operation was authorized

15 by a monitoring device driving permit, judicial driving

16 permit issued prior to January 1, 2009, probationary

17 license to drive, or restricted driving permit issued

18 under this Code;

19 12. Has submitted to any portion of the application

20 process for another person or has obtained the services of

21 another person to submit to any portion of the application

22 process for the purpose of obtaining a license,

23 identification card, or permit for some other person;

24 13. Has operated a motor vehicle upon a highway of

25 this State when the person's driver's license or permit

26 was invalid under the provisions of Sections 6-107.1 and

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1 6-110;

2 14. Has committed a violation of Section 6-301,

3 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

4 14B of the Illinois Identification Card Act 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

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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);

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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

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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

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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

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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;

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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

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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

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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.

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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

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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

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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

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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~~

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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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