Bill Text: IL HB3952 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that the Secretary of State shall reinstate the driving privileges of a person whose driving privileges were were suspended or revoked under certain circumstances if the person shows the following: (1) the suspension or revocation of the person's driving privileges resulted from an incident in which the person's vision was impaired exclusively by the glare of the sun; (2) the incident would not have occurred but for the impairment of the person's vision by the glare of the sun; (3) there is no evidence that the person was, at the time of the incident, otherwise impaired, distracted, or inattentive in a manner that would constitute a violation of this Code or an ordinance; and (4) other than any offenses for which the person was charged as a result of the incident, the person was not charged with any offense against a law or ordinance regulating the movement of traffic after the accident or in the 12-month period preceding the accident. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3952 Detail]
Download: Illinois-2019-HB3952-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-206 as follows:
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6 | (625 ILCS 5/6-206)
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7 | (Text of Section before amendment by P.A. 101-90 and | |||||||||||||||||||
8 | 101-470 ) | |||||||||||||||||||
9 | Sec. 6-206. Discretionary authority to suspend or revoke | |||||||||||||||||||
10 | license or
permit; right to a hearing.
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11 | (a) The Secretary of State is authorized to suspend or | |||||||||||||||||||
12 | revoke the
driving privileges of any person without preliminary | |||||||||||||||||||
13 | hearing upon a showing
of the person's records or other | |||||||||||||||||||
14 | sufficient evidence that
the person:
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15 | 1. Has committed an offense for which mandatory | |||||||||||||||||||
16 | revocation of
a driver's license or permit is required upon | |||||||||||||||||||
17 | conviction;
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18 | 2. Has been convicted of not less than 3 offenses | |||||||||||||||||||
19 | against traffic
regulations governing the movement of | |||||||||||||||||||
20 | vehicles committed within any 12
month period. No | |||||||||||||||||||
21 | revocation or suspension shall be entered more than
6 | |||||||||||||||||||
22 | months after the date of last conviction;
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23 | 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;
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8 | 4. Has by the unlawful operation of a motor vehicle | ||||||
9 | caused or
contributed to an accident resulting in injury | ||||||
10 | requiring
immediate professional treatment in a medical | ||||||
11 | facility or doctor's office
to any person, except that any | ||||||
12 | suspension or revocation imposed by the
Secretary of State | ||||||
13 | under the provisions of this subsection shall start no
| ||||||
14 | later than 6 months after being convicted of violating a | ||||||
15 | law or
ordinance regulating the movement of traffic, which | ||||||
16 | violation is related
to the accident, or shall start not | ||||||
17 | more than one year
after
the date of the accident, | ||||||
18 | whichever date occurs later;
| ||||||
19 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
20 | driver's
license, identification card, or permit;
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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;
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2 | 8. Is ineligible for a driver's license or permit under | ||||||
3 | the provisions
of Section 6-103;
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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;
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8 | 10. Has possessed, displayed, or attempted to | ||||||
9 | fraudulently use any
license, identification card, or | ||||||
10 | permit not issued to the person;
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11 | 11. Has operated a motor vehicle upon a highway of this | ||||||
12 | State when
the person's driving privilege or privilege to | ||||||
13 | obtain a driver's license
or permit was revoked or | ||||||
14 | suspended unless the operation was authorized by
a | ||||||
15 | monitoring device driving permit, judicial driving permit | ||||||
16 | issued prior to January 1, 2009, probationary license to | ||||||
17 | drive, or a restricted
driving permit issued under this | ||||||
18 | 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 this | ||||||
25 | State when
the person's driver's license or permit was | ||||||
26 | invalid under the provisions of
Sections 6-107.1 and
6-110;
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1 | 14. Has committed a violation of Section 6-301, | ||||||
2 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
3 | 14B of the Illinois Identification Card
Act;
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4 | 15. Has been convicted of violating Section 21-2 of the | ||||||
5 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
6 | to criminal trespass to vehicles in which case, the | ||||||
7 | suspension
shall be for one year;
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8 | 16. Has been convicted of violating Section 11-204 of | ||||||
9 | this Code relating
to fleeing from a peace officer;
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10 | 17. Has refused to submit to a test, or tests, as | ||||||
11 | required under Section
11-501.1 of this Code and the person | ||||||
12 | has not sought a hearing as
provided for in Section | ||||||
13 | 11-501.1;
| ||||||
14 | 18. Has, since issuance of a driver's license or | ||||||
15 | permit, been adjudged
to be afflicted with or suffering | ||||||
16 | from any mental disability or disease;
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17 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
18 | of Section 6-101
relating to driving without a driver's | ||||||
19 | license;
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20 | 20. Has been convicted of violating Section 6-104 | ||||||
21 | relating to
classification of driver's license;
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22 | 21. Has been convicted of violating Section 11-402 of
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23 | this Code relating to leaving the scene of an accident | ||||||
24 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
25 | which case the suspension shall be
for one year;
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26 | 22. Has used a motor vehicle in violating paragraph |
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| |||||||
1 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
3 | relating
to unlawful use of weapons, in which case the | ||||||
4 | suspension shall be for one
year;
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5 | 23. Has, as a driver, been convicted of committing a | ||||||
6 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
7 | for a second or subsequent
time within one year of a | ||||||
8 | similar violation;
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9 | 24. Has been convicted by a court-martial or punished | ||||||
10 | by non-judicial
punishment by military authorities of the | ||||||
11 | United States at a military
installation in Illinois or in | ||||||
12 | another state of or for a traffic related offense that is | ||||||
13 | the
same as or similar to an offense specified under | ||||||
14 | Section 6-205 or 6-206 of
this Code;
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15 | 25. Has permitted any form of identification to be used | ||||||
16 | by another in
the application process in order to obtain or | ||||||
17 | attempt to obtain a license,
identification card, or | ||||||
18 | permit;
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19 | 26. Has altered or attempted to alter a license or has | ||||||
20 | possessed an
altered license, identification card, or | ||||||
21 | permit;
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22 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
23 | of 1934;
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24 | 28. Has been convicted for a first time of the illegal | ||||||
25 | possession, while operating or
in actual physical control, | ||||||
26 | as a driver, of a motor vehicle, of any
controlled |
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1 | substance prohibited under the Illinois Controlled | ||||||
2 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
3 | Control
Act, or any methamphetamine prohibited under the | ||||||
4 | Methamphetamine Control and Community Protection Act, in | ||||||
5 | which case the person's driving privileges shall be | ||||||
6 | suspended for
one year.
Any defendant found guilty of this | ||||||
7 | offense while operating a motor vehicle,
shall have an | ||||||
8 | entry made in the court record by the presiding judge that
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9 | this offense did occur while the defendant was operating a | ||||||
10 | motor vehicle
and order the clerk of the court to report | ||||||
11 | the violation to the Secretary
of State;
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12 | 29. Has been convicted of the following offenses that | ||||||
13 | were committed
while the person was operating or in actual | ||||||
14 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
15 | sexual assault,
predatory criminal sexual assault of a | ||||||
16 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
17 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
18 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
19 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
20 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
21 | or the Criminal Code of 2012, and the manufacture, sale or
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22 | delivery of controlled substances or instruments used for | ||||||
23 | illegal drug use
or abuse in which case the driver's | ||||||
24 | driving privileges shall be suspended
for one year;
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25 | 30. Has been convicted a second or subsequent time for | ||||||
26 | any
combination of the offenses named in paragraph 29 of |
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1 | this subsection,
in which case the person's driving | ||||||
2 | privileges shall be suspended for 5
years;
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3 | 31. Has refused to submit to a test as
required by | ||||||
4 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
5 | Registration and Safety Act or has submitted to a test | ||||||
6 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
7 | any amount of a drug, substance, or
compound resulting from | ||||||
8 | the unlawful use or consumption of cannabis as listed
in | ||||||
9 | the Cannabis Control Act, a controlled substance as listed | ||||||
10 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
11 | compound as listed in the Use of
Intoxicating Compounds | ||||||
12 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
13 | Control and Community Protection Act, in which case the | ||||||
14 | penalty shall be
as prescribed in Section 6-208.1;
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15 | 32. Has been convicted of Section 24-1.2 of the | ||||||
16 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
17 | to the aggravated discharge of a firearm if the offender | ||||||
18 | was
located in a motor vehicle at the time the firearm was | ||||||
19 | discharged, in which
case the suspension shall be for 3 | ||||||
20 | years;
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21 | 33. Has as a driver, who was less than 21 years of age | ||||||
22 | on the date of
the offense, been convicted a first time of | ||||||
23 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
24 | or a similar provision of a local ordinance;
| ||||||
25 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
26 | this Code or a similar provision of a local ordinance;
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1 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
2 | this Code or a similar provision of a local ordinance;
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3 | 36. Is under the age of 21 years at the time of arrest | ||||||
4 | and has been
convicted of not less than 2 offenses against | ||||||
5 | traffic regulations governing
the movement of vehicles | ||||||
6 | committed within any 24 month period. No revocation
or | ||||||
7 | suspension shall be entered more than 6 months after the | ||||||
8 | date of last
conviction;
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9 | 37. Has committed a violation of subsection (c) of | ||||||
10 | Section 11-907 of this
Code that resulted in damage to the | ||||||
11 | property of another or the death or injury of another;
| ||||||
12 | 38. Has been convicted of a violation of Section 6-20 | ||||||
13 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
14 | a local ordinance;
| ||||||
15 | 39. Has committed a second or subsequent violation of | ||||||
16 | Section
11-1201 of this Code;
| ||||||
17 | 40. Has committed a violation of subsection (a-1) of | ||||||
18 | Section 11-908 of
this Code; | ||||||
19 | 41. Has committed a second or subsequent violation of | ||||||
20 | Section 11-605.1 of this Code, a similar provision of a | ||||||
21 | local ordinance, or a similar violation in any other state | ||||||
22 | within 2 years of the date of the previous violation, in | ||||||
23 | which case the suspension shall be for 90 days; | ||||||
24 | 42. Has committed a violation of subsection (a-1) of | ||||||
25 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
26 | local ordinance;
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1 | 43. Has received a disposition of court supervision for | ||||||
2 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
3 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
4 | a local ordinance, in which case the suspension shall be | ||||||
5 | for a period of 3 months;
| ||||||
6 | 44.
Is under the age of 21 years at the time of arrest | ||||||
7 | and has been convicted of an offense against traffic | ||||||
8 | regulations governing the movement of vehicles after | ||||||
9 | having previously had his or her driving privileges
| ||||||
10 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
11 | Section; | ||||||
12 | 45.
Has, in connection with or during the course of a | ||||||
13 | formal hearing conducted under Section 2-118 of this Code: | ||||||
14 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
15 | falsified documents; (iii) submitted documents that have | ||||||
16 | been materially altered; or (iv) submitted, as his or her | ||||||
17 | own, documents that were in fact prepared or composed for | ||||||
18 | another person; | ||||||
19 | 46. Has committed a violation of subsection (j) of | ||||||
20 | Section 3-413 of this Code;
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21 | 47. Has committed a violation of Section 11-502.1 of | ||||||
22 | this Code; or | ||||||
23 | 48. Has submitted a falsified or altered medical | ||||||
24 | examiner's certificate to the Secretary of State or | ||||||
25 | provided false information to obtain a medical examiner's | ||||||
26 | certificate. |
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1 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
2 | and 27 of this
subsection, license means any driver's license, | ||||||
3 | any traffic ticket issued when
the person's driver's license is | ||||||
4 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
5 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
6 | a probationary driver's license or a temporary driver's | ||||||
7 | license. | ||||||
8 | (b) If any conviction forming the basis of a suspension or
| ||||||
9 | revocation authorized under this Section is appealed, the
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10 | Secretary of State may rescind or withhold the entry of the | ||||||
11 | order of suspension
or revocation, as the case may be, provided | ||||||
12 | that a certified copy of a stay
order of a court is filed with | ||||||
13 | the Secretary of State. If the conviction is
affirmed on | ||||||
14 | appeal, the date of the conviction shall relate back to the | ||||||
15 | time
the original judgment of conviction was entered and the 6 | ||||||
16 | month limitation
prescribed shall not apply.
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17 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
18 | permit of
any person as authorized in this Section, the | ||||||
19 | Secretary of State shall
immediately notify the person in | ||||||
20 | writing of the revocation or suspension.
The notice to be | ||||||
21 | deposited in the United States mail, postage prepaid,
to the | ||||||
22 | last known address of the person.
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23 | 2. If the Secretary of State suspends the driver's license
| ||||||
24 | of a person under subsection 2 of paragraph (a) of this | ||||||
25 | Section, a
person's privilege to operate a vehicle as an | ||||||
26 | occupation shall not be
suspended, provided an affidavit is |
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1 | properly completed, the appropriate fee
received, and a permit | ||||||
2 | issued prior to the effective date of the
suspension, unless 5 | ||||||
3 | offenses were committed, at least 2 of which occurred
while | ||||||
4 | operating a commercial vehicle in connection with the driver's
| ||||||
5 | regular occupation. All other driving privileges shall be | ||||||
6 | suspended by the
Secretary of State. Any driver prior to | ||||||
7 | operating a vehicle for
occupational purposes only must submit | ||||||
8 | the affidavit on forms to be
provided by the Secretary of State | ||||||
9 | setting forth the facts of the person's
occupation. The | ||||||
10 | affidavit shall also state the number of offenses
committed | ||||||
11 | while operating a vehicle in connection with the driver's | ||||||
12 | regular
occupation. The affidavit shall be accompanied by the | ||||||
13 | driver's license.
Upon receipt of a properly completed | ||||||
14 | affidavit, the Secretary of State
shall issue the driver a | ||||||
15 | permit to operate a vehicle in connection with the
driver's | ||||||
16 | regular occupation only. Unless the permit is issued by the
| ||||||
17 | Secretary of State prior to the date of suspension, the | ||||||
18 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
19 | forth in the notice that was
mailed under this Section. If an | ||||||
20 | affidavit is received subsequent to the
effective date of this | ||||||
21 | suspension, a permit may be issued for the remainder
of the | ||||||
22 | suspension period.
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23 | The provisions of this subparagraph shall not apply to any | ||||||
24 | driver
required to possess a CDL for the purpose of operating a | ||||||
25 | commercial motor vehicle.
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26 | Any person who falsely states any fact in the affidavit |
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1 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
2 | and upon conviction
thereof shall have all driving privileges | ||||||
3 | revoked without further rights.
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4 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
5 | this Code,
the Secretary of State shall either rescind or | ||||||
6 | continue an order of
revocation or shall substitute an order of | ||||||
7 | suspension; or, good
cause appearing therefor, rescind, | ||||||
8 | continue, change, or extend the
order of suspension. If the | ||||||
9 | Secretary of State does not rescind the order,
the Secretary | ||||||
10 | may upon application,
to relieve undue hardship (as defined by | ||||||
11 | the rules of the Secretary of State), issue
a restricted | ||||||
12 | driving permit granting the privilege of driving a motor
| ||||||
13 | vehicle between the petitioner's residence and petitioner's | ||||||
14 | place of
employment or within the scope of the petitioner's | ||||||
15 | employment related duties, or to
allow the petitioner to | ||||||
16 | transport himself or herself, or a family member of the
| ||||||
17 | petitioner's household to a medical facility, to receive | ||||||
18 | necessary medical care, to allow the petitioner to transport | ||||||
19 | himself or herself to and from alcohol or drug
remedial or | ||||||
20 | rehabilitative activity recommended by a licensed service | ||||||
21 | provider, or to allow the petitioner to transport himself or | ||||||
22 | herself or a family member of the petitioner's household to | ||||||
23 | classes, as a student, at an accredited educational | ||||||
24 | institution, or to allow the petitioner to transport children, | ||||||
25 | elderly persons, or persons with disabilities who do not hold | ||||||
26 | driving privileges and are living in the petitioner's household |
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| |||||||
1 | to and from daycare. The
petitioner must demonstrate that no | ||||||
2 | alternative means of
transportation is reasonably available | ||||||
3 | and that the petitioner will not endanger
the public safety or | ||||||
4 | welfare.
| ||||||
5 | (A) If a person's license or permit is revoked or | ||||||
6 | suspended due to 2
or more convictions 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 Section 9-3 | ||||||
9 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
10 | where the use of alcohol or other drugs is recited as an | ||||||
11 | element of the offense, or a similar out-of-state offense, | ||||||
12 | or a 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 | ||||||
15 | equipped with an ignition
interlock device as defined in | ||||||
16 | Section 1-129.1.
| ||||||
17 | (B) If a person's license or permit is revoked or | ||||||
18 | suspended 2 or more
times due to any combination of: | ||||||
19 | (i) a single conviction of violating Section
| ||||||
20 | 11-501 of this Code or a similar provision of a local | ||||||
21 | ordinance or a similar
out-of-state offense or Section | ||||||
22 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012, where the use of alcohol or other drugs is | ||||||
24 | recited as an element of the offense, or a similar | ||||||
25 | out-of-state offense; or | ||||||
26 | (ii) a statutory summary suspension or revocation |
| |||||||
| |||||||
1 | under Section
11-501.1; or | ||||||
2 | (iii) a suspension under Section 6-203.1; | ||||||
3 | arising out of
separate occurrences; that person, if issued | ||||||
4 | a restricted driving permit, may
not operate a vehicle | ||||||
5 | unless it has been
equipped with an ignition interlock | ||||||
6 | device as defined in Section 1-129.1. | ||||||
7 | (B-5) If a person's license or permit is revoked or | ||||||
8 | suspended due to a conviction for a violation of | ||||||
9 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
10 | of Section 11-501 of this Code, or a similar provision of a | ||||||
11 | local ordinance or similar out-of-state offense, that | ||||||
12 | person, if issued a restricted driving permit, may not | ||||||
13 | operate a vehicle unless it has been equipped with an | ||||||
14 | ignition interlock device as defined in Section 1-129.1. | ||||||
15 | (C)
The person issued a permit conditioned upon the use | ||||||
16 | of an ignition interlock device must pay to the Secretary | ||||||
17 | of State DUI Administration Fund an amount
not to exceed | ||||||
18 | $30 per month. The Secretary shall establish by rule the | ||||||
19 | amount
and the procedures, terms, and conditions relating | ||||||
20 | to these fees. | ||||||
21 | (D) If the
restricted driving permit is issued for | ||||||
22 | employment purposes, then the prohibition against | ||||||
23 | operating a motor vehicle that is not equipped with an | ||||||
24 | ignition interlock device does not apply to the operation | ||||||
25 | of an occupational vehicle owned or
leased by that person's | ||||||
26 | employer when used solely for employment purposes. For any |
| |||||||
| |||||||
1 | person who, within a 5-year period, is convicted of a | ||||||
2 | second or subsequent offense under Section 11-501 of this | ||||||
3 | Code, or a similar provision of a local ordinance or | ||||||
4 | similar out-of-state offense, this employment exemption | ||||||
5 | does not apply until either a one-year period has elapsed | ||||||
6 | during which that person had his or her driving privileges | ||||||
7 | revoked or a one-year period has elapsed during which that | ||||||
8 | person had a restricted driving permit which required the | ||||||
9 | use of an ignition interlock device on every motor vehicle | ||||||
10 | owned or operated by that person. | ||||||
11 | (E) In each case the Secretary may issue a
restricted | ||||||
12 | driving permit for a period deemed appropriate, except that | ||||||
13 | all
permits shall expire no later than 2 years from the | ||||||
14 | date of issuance. A
restricted driving permit issued under | ||||||
15 | this Section shall be subject to
cancellation, revocation, | ||||||
16 | and suspension by the Secretary of State in like
manner and | ||||||
17 | for like cause as a driver's license issued under this Code | ||||||
18 | may be
cancelled, revoked, or suspended; except that a | ||||||
19 | conviction upon one or more
offenses against laws or | ||||||
20 | ordinances regulating the movement of traffic
shall be | ||||||
21 | deemed sufficient cause for the revocation, suspension, or
| ||||||
22 | cancellation of a restricted driving permit. The Secretary | ||||||
23 | of State may, as
a condition to the issuance of a | ||||||
24 | restricted driving permit, require the
applicant to | ||||||
25 | participate in a designated driver remedial or | ||||||
26 | rehabilitative
program. The Secretary of State is |
| |||||||
| |||||||
1 | authorized to cancel a restricted
driving permit if the | ||||||
2 | permit holder does not successfully complete the program.
| ||||||
3 | (F) A person subject to the provisions of paragraph 4 | ||||||
4 | of subsection (b) of Section 6-208 of this Code may make | ||||||
5 | application for a restricted driving permit at a hearing | ||||||
6 | conducted under Section 2-118 of this Code after the | ||||||
7 | expiration of 5 years from the effective date of the most | ||||||
8 | recent revocation or after 5 years from the date of release | ||||||
9 | from a period of imprisonment resulting from a conviction | ||||||
10 | of the most recent offense, whichever is later, provided | ||||||
11 | the person, in addition to all other requirements of the | ||||||
12 | Secretary, shows by clear and convincing evidence: | ||||||
13 | (i) a minimum of 3 years of uninterrupted | ||||||
14 | abstinence from alcohol and the unlawful use or | ||||||
15 | consumption of cannabis under the Cannabis Control | ||||||
16 | Act, a controlled substance under the Illinois | ||||||
17 | Controlled Substances Act, an intoxicating compound | ||||||
18 | under the Use of Intoxicating Compounds Act, or | ||||||
19 | methamphetamine under the Methamphetamine Control and | ||||||
20 | Community Protection Act; and | ||||||
21 | (ii) the successful completion of any | ||||||
22 | rehabilitative treatment and involvement in any | ||||||
23 | ongoing rehabilitative activity that may be | ||||||
24 | recommended by a properly licensed service provider | ||||||
25 | according to an assessment of the person's alcohol or | ||||||
26 | drug use under Section 11-501.01 of this Code. |
| |||||||
| |||||||
1 | In determining whether an applicant is eligible for a | ||||||
2 | restricted driving permit under this subparagraph (F), the | ||||||
3 | Secretary may consider any relevant evidence, including, | ||||||
4 | but not limited to, testimony, affidavits, records, and the | ||||||
5 | results of regular alcohol or drug tests. Persons subject | ||||||
6 | to the provisions of paragraph 4 of subsection (b) of | ||||||
7 | Section 6-208 of this Code and who have been convicted of | ||||||
8 | more than one violation of paragraph (3), paragraph (4), or | ||||||
9 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
10 | Code shall not be eligible to apply for a restricted | ||||||
11 | driving permit under this subparagraph (F). | ||||||
12 | A restricted driving permit issued under this | ||||||
13 | subparagraph (F) shall provide that the holder may only | ||||||
14 | operate motor vehicles equipped with an ignition interlock | ||||||
15 | device as required under paragraph (2) of subsection (c) of | ||||||
16 | Section 6-205 of this Code and subparagraph (A) of | ||||||
17 | paragraph 3 of subsection (c) of this Section. The | ||||||
18 | Secretary may revoke a restricted driving permit or amend | ||||||
19 | the conditions of a restricted driving permit issued under | ||||||
20 | this subparagraph (F) if the holder operates a vehicle that | ||||||
21 | is not equipped with an ignition interlock device, or for | ||||||
22 | any other reason authorized under this Code. | ||||||
23 | A restricted driving permit issued under this | ||||||
24 | subparagraph (F) shall be revoked, and the holder barred | ||||||
25 | from applying for or being issued a restricted driving | ||||||
26 | permit in the future, if the holder is convicted of a |
| |||||||
| |||||||
1 | violation of Section 11-501 of this Code, a similar | ||||||
2 | provision of a local ordinance, or a similar offense in | ||||||
3 | another state. | ||||||
4 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
5 | subsection (a), reports received by the Secretary of State | ||||||
6 | under this Section shall, except during the actual time the | ||||||
7 | suspension is in effect, be privileged information and for use | ||||||
8 | only by the courts, police officers, prosecuting authorities, | ||||||
9 | the driver licensing administrator of any other state, the | ||||||
10 | Secretary of State, or the parent or legal guardian of a driver | ||||||
11 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
12 | person is a CDL holder, the suspension shall also be made | ||||||
13 | available to the driver licensing administrator of any other | ||||||
14 | state, the U.S. Department of Transportation, and the affected | ||||||
15 | driver or motor
carrier or prospective motor carrier upon | ||||||
16 | request.
| ||||||
17 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
18 | subsection (a), the Secretary of State shall notify the person | ||||||
19 | by mail that his or her driving privileges and driver's license | ||||||
20 | will be suspended one month after the date of the mailing of | ||||||
21 | the notice.
| ||||||
22 | (c-5) The Secretary of State may, as a condition of the | ||||||
23 | reissuance of a
driver's license or permit to an applicant | ||||||
24 | whose driver's license or permit has
been suspended before he | ||||||
25 | or she reached the age of 21 years pursuant to any of
the | ||||||
26 | provisions of this Section, require the applicant to |
| |||||||
| |||||||
1 | participate in a
driver remedial education course and be | ||||||
2 | retested under Section 6-109 of this
Code.
| ||||||
3 | (d) This Section is subject to the provisions of the | ||||||
4 | Drivers License
Compact.
| ||||||
5 | (e) The Secretary of State shall not issue a restricted | ||||||
6 | driving permit to
a person under the age of 16 years whose | ||||||
7 | driving privileges have been suspended
or revoked under any | ||||||
8 | provisions of this Code.
| ||||||
9 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
10 | State may not issue a restricted driving permit for the | ||||||
11 | operation of a commercial motor vehicle to a person holding a | ||||||
12 | CDL whose driving privileges have been suspended, revoked, | ||||||
13 | cancelled, or disqualified under any provisions of this Code. | ||||||
14 | (g) The Secretary shall reinstate the driving privileges of | ||||||
15 | a person whose driving privileges were suspended or revoked | ||||||
16 | under this Section if the person shows that: | ||||||
17 | (1) the suspension or revocation of the person's | ||||||
18 | driving privileges resulted from an incident in which the | ||||||
19 | person's vision was impaired exclusively by the glare of | ||||||
20 | the sun; | ||||||
21 | (2) the incident would not have occurred but for the | ||||||
22 | impairment of the person's vision by the glare of the sun; | ||||||
23 | (3) there is no evidence that the person was, at the | ||||||
24 | time of the incident, otherwise impaired, distracted, or | ||||||
25 | inattentive in a manner that would constitute a violation | ||||||
26 | of this Code or an ordinance; and |
| |||||||
| |||||||
1 | (4) other than any offenses for which the person was | ||||||
2 | charged as a result of the incident, the person was not | ||||||
3 | charged with any offense against a law or ordinance | ||||||
4 | regulating the movement of traffic after the accident or in | ||||||
5 | the 12-month period preceding the accident. | ||||||
6 | (Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; | ||||||
7 | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16; | ||||||
8 | 99-642, eff. 7-28-16; 100-803, eff. 1-1-19 .)
| ||||||
9 | (Text of Section after amendment by P.A. 101-90 and | ||||||
10 | 101-470) | ||||||
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 preliminary | ||||||
15 | hearing upon a showing
of the person's records or other | ||||||
16 | 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 upon | ||||||
19 | 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 an accident resulting in injury | ||||||
10 | requiring
immediate professional treatment in a medical | ||||||
11 | facility or doctor's office
to any person, except that any | ||||||
12 | suspension or revocation imposed by the
Secretary of State | ||||||
13 | under the provisions of this subsection shall start no
| ||||||
14 | later than 6 months after being convicted of violating a | ||||||
15 | law or
ordinance regulating the movement of traffic, which | ||||||
16 | violation is related
to the accident, or shall start not | ||||||
17 | more than one year
after
the date of the accident, | ||||||
18 | whichever date occurs later;
| ||||||
19 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
20 | driver's
license, identification card, or permit;
| ||||||
21 | 6. Has been lawfully convicted of an offense or | ||||||
22 | offenses in another
state, including the authorization | ||||||
23 | contained in Section 6-203.1, which
if committed within | ||||||
24 | this State would be grounds for suspension or revocation;
| ||||||
25 | 7. Has refused or failed to submit to an examination | ||||||
26 | provided for by
Section 6-207 or has failed to pass the |
| |||||||
| |||||||
1 | examination;
| ||||||
2 | 8. Is ineligible for a driver's license or permit under | ||||||
3 | 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 this | ||||||
12 | State when
the person's driving privilege or privilege to | ||||||
13 | obtain a driver's license
or permit was revoked or | ||||||
14 | suspended unless the operation was authorized by
a | ||||||
15 | monitoring device driving permit, judicial driving permit | ||||||
16 | issued prior to January 1, 2009, probationary license to | ||||||
17 | drive, or a restricted
driving permit issued under this | ||||||
18 | 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 this | ||||||
25 | State when
the person's driver's license or permit was | ||||||
26 | invalid under the provisions of
Sections 6-107.1 and
6-110;
|
| |||||||
| |||||||
1 | 14. Has committed a violation of Section 6-301, | ||||||
2 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
3 | 14B of the Illinois Identification Card
Act;
| ||||||
4 | 15. Has been convicted of violating Section 21-2 of the | ||||||
5 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
6 | to criminal trespass to vehicles in which case, the | ||||||
7 | suspension
shall be for one year;
| ||||||
8 | 16. Has been convicted of violating Section 11-204 of | ||||||
9 | this Code relating
to fleeing from a peace officer;
| ||||||
10 | 17. Has refused to submit to a test, or tests, as | ||||||
11 | required under Section
11-501.1 of this Code and the person | ||||||
12 | has not sought a hearing as
provided for in Section | ||||||
13 | 11-501.1;
| ||||||
14 | 18. Has, since issuance of a driver's license or | ||||||
15 | permit, been adjudged
to be afflicted with or suffering | ||||||
16 | from any mental disability or disease;
| ||||||
17 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
18 | of Section 6-101
relating to driving without a driver's | ||||||
19 | license;
| ||||||
20 | 20. Has been convicted of violating Section 6-104 | ||||||
21 | relating to
classification of driver's license;
| ||||||
22 | 21. Has been convicted of violating Section 11-402 of
| ||||||
23 | this Code relating to leaving the scene of an accident | ||||||
24 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
25 | which case the suspension shall be
for one year;
| ||||||
26 | 22. Has used a motor vehicle in violating paragraph |
| |||||||
| |||||||
1 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
3 | relating
to unlawful use of weapons, in which case the | ||||||
4 | suspension shall be for one
year;
| ||||||
5 | 23. Has, as a driver, been convicted of committing a | ||||||
6 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
7 | for a second or subsequent
time within one year of a | ||||||
8 | similar violation;
| ||||||
9 | 24. Has been convicted by a court-martial or punished | ||||||
10 | by non-judicial
punishment by military authorities of the | ||||||
11 | United States at a military
installation in Illinois or in | ||||||
12 | another state of or for a traffic related offense that is | ||||||
13 | the
same as or similar to an offense specified under | ||||||
14 | Section 6-205 or 6-206 of
this Code;
| ||||||
15 | 25. Has permitted any form of identification to be used | ||||||
16 | by another in
the application process in order to obtain or | ||||||
17 | attempt to obtain a license,
identification card, or | ||||||
18 | permit;
| ||||||
19 | 26. Has altered or attempted to alter a license or has | ||||||
20 | possessed an
altered license, identification card, or | ||||||
21 | permit;
| ||||||
22 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
23 | of 1934;
| ||||||
24 | 28. Has been convicted for a first time of the illegal | ||||||
25 | possession, while operating or
in actual physical control, | ||||||
26 | as a driver, of a motor vehicle, of any
controlled |
| |||||||
| |||||||
1 | substance prohibited under the Illinois Controlled | ||||||
2 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
3 | Control
Act, or any methamphetamine prohibited under the | ||||||
4 | Methamphetamine Control and Community Protection Act, in | ||||||
5 | which case the person's driving privileges shall be | ||||||
6 | suspended for
one year.
Any defendant found guilty of this | ||||||
7 | offense while operating a motor vehicle,
shall have an | ||||||
8 | entry made in the court record by the presiding judge that
| ||||||
9 | this offense did occur while the defendant was operating a | ||||||
10 | motor vehicle
and order the clerk of the court to report | ||||||
11 | the violation to the Secretary
of State;
| ||||||
12 | 29. Has been convicted of the following offenses that | ||||||
13 | were committed
while the person was operating or in actual | ||||||
14 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
15 | sexual assault,
predatory criminal sexual assault of a | ||||||
16 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
17 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
18 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
19 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
20 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
21 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
22 | delivery of controlled substances or instruments used for | ||||||
23 | illegal drug use
or abuse in which case the driver's | ||||||
24 | driving privileges shall be suspended
for one year;
| ||||||
25 | 30. Has been convicted a second or subsequent time for | ||||||
26 | any
combination of the offenses named in paragraph 29 of |
| |||||||
| |||||||
1 | this subsection,
in which case the person's driving | ||||||
2 | privileges shall be suspended for 5
years;
| ||||||
3 | 31. Has refused to submit to a test as
required by | ||||||
4 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
5 | Registration and Safety Act or has submitted to a test | ||||||
6 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
7 | any amount of a drug, substance, or
compound resulting from | ||||||
8 | the unlawful use or consumption of cannabis as listed
in | ||||||
9 | the Cannabis Control Act, a controlled substance as listed | ||||||
10 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
11 | compound as listed in the Use of
Intoxicating Compounds | ||||||
12 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
13 | Control and Community Protection Act, in which case the | ||||||
14 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
15 | 32. Has been convicted of Section 24-1.2 of the | ||||||
16 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
17 | to the aggravated discharge of a firearm if the offender | ||||||
18 | was
located in a motor vehicle at the time the firearm was | ||||||
19 | discharged, in which
case the suspension shall be for 3 | ||||||
20 | years;
| ||||||
21 | 33. Has as a driver, who was less than 21 years of age | ||||||
22 | on the date of
the offense, been convicted a first time of | ||||||
23 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
24 | or a similar provision of a local ordinance;
| ||||||
25 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
26 | this Code or a similar provision of a local ordinance;
|
| |||||||
| |||||||
1 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
2 | this Code or a similar provision of a local ordinance;
| ||||||
3 | 36. Is under the age of 21 years at the time of arrest | ||||||
4 | and has been
convicted of not less than 2 offenses against | ||||||
5 | traffic regulations governing
the movement of vehicles | ||||||
6 | committed within any 24 month period. No revocation
or | ||||||
7 | suspension shall be entered more than 6 months after the | ||||||
8 | date of last
conviction;
| ||||||
9 | 37. Has committed a violation of subsection (c) of | ||||||
10 | Section 11-907 of this
Code that resulted in damage to the | ||||||
11 | property of another or the death or injury of another;
| ||||||
12 | 38. Has been convicted of a violation of Section 6-20 | ||||||
13 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
14 | a local ordinance;
| ||||||
15 | 39. Has committed a second or subsequent violation of | ||||||
16 | Section
11-1201 of this Code;
| ||||||
17 | 40. Has committed a violation of subsection (a-1) of | ||||||
18 | Section 11-908 of
this Code; | ||||||
19 | 41. Has committed a second or subsequent violation of | ||||||
20 | Section 11-605.1 of this Code, a similar provision of a | ||||||
21 | local ordinance, or a similar violation in any other state | ||||||
22 | within 2 years of the date of the previous violation, in | ||||||
23 | which case the suspension shall be for 90 days; | ||||||
24 | 42. Has committed a violation of subsection (a-1) of | ||||||
25 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
26 | local ordinance;
|
| |||||||
| |||||||
1 | 43. Has received a disposition of court supervision for | ||||||
2 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
3 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
4 | a local ordinance, in which case the suspension shall be | ||||||
5 | for a period of 3 months;
| ||||||
6 | 44.
Is under the age of 21 years at the time of arrest | ||||||
7 | and has been convicted of an offense against traffic | ||||||
8 | regulations governing the movement of vehicles after | ||||||
9 | having previously had his or her driving privileges
| ||||||
10 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
11 | Section; | ||||||
12 | 45.
Has, in connection with or during the course of a | ||||||
13 | formal hearing conducted under Section 2-118 of this Code: | ||||||
14 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
15 | falsified documents; (iii) submitted documents that have | ||||||
16 | been materially altered; or (iv) submitted, as his or her | ||||||
17 | own, documents that were in fact prepared or composed for | ||||||
18 | another person; | ||||||
19 | 46. Has committed a violation of subsection (j) of | ||||||
20 | Section 3-413 of this Code;
| ||||||
21 | 47. Has committed a violation of Section 11-502.1 of | ||||||
22 | this Code; | ||||||
23 | 48. Has submitted a falsified or altered medical | ||||||
24 | examiner's certificate to the Secretary of State or | ||||||
25 | provided false information to obtain a medical examiner's | ||||||
26 | certificate; or |
| |||||||
| |||||||
1 | 49. Has committed a violation of subsection (b-5) of | ||||||
2 | Section 12-610.2 that resulted in great bodily harm, | ||||||
3 | permanent disability, or disfigurement, in which case the | ||||||
4 | driving privileges shall be suspended for 12 months ; or . | ||||||
5 | 50. 49. Has been convicted of a violation of Section | ||||||
6 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
7 | another, in which case the person's driving privileges | ||||||
8 | shall be suspended for 12 months. | ||||||
9 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
10 | and 27 of this
subsection, license means any driver's license, | ||||||
11 | any traffic ticket issued when
the person's driver's license is | ||||||
12 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
13 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
14 | a probationary driver's license or a temporary driver's | ||||||
15 | license. | ||||||
16 | (b) If any conviction forming the basis of a suspension or
| ||||||
17 | revocation authorized under this Section is appealed, the
| ||||||
18 | Secretary of State may rescind or withhold the entry of the | ||||||
19 | order of suspension
or revocation, as the case may be, provided | ||||||
20 | that a certified copy of a stay
order of a court is filed with | ||||||
21 | the Secretary of State. If the conviction is
affirmed on | ||||||
22 | appeal, the date of the conviction shall relate back to the | ||||||
23 | time
the original judgment of conviction was entered and the 6 | ||||||
24 | month limitation
prescribed shall not apply.
| ||||||
25 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
26 | permit of
any person as authorized in this Section, the |
| |||||||
| |||||||
1 | Secretary of State shall
immediately notify the person in | ||||||
2 | writing of the revocation or suspension.
The notice to be | ||||||
3 | deposited in the United States mail, postage prepaid,
to the | ||||||
4 | last known address of the person.
| ||||||
5 | 2. If the Secretary of State suspends the driver's license
| ||||||
6 | of a person under subsection 2 of paragraph (a) of this | ||||||
7 | Section, a
person's privilege to operate a vehicle as an | ||||||
8 | occupation shall not be
suspended, provided an affidavit is | ||||||
9 | properly completed, the appropriate fee
received, and a permit | ||||||
10 | issued prior to the effective date of the
suspension, unless 5 | ||||||
11 | offenses were committed, at least 2 of which occurred
while | ||||||
12 | operating a commercial vehicle in connection with the driver's
| ||||||
13 | regular occupation. All other driving privileges shall be | ||||||
14 | suspended by the
Secretary of State. Any driver prior to | ||||||
15 | operating a vehicle for
occupational purposes only must submit | ||||||
16 | the affidavit on forms to be
provided by the Secretary of State | ||||||
17 | setting forth the facts of the person's
occupation. The | ||||||
18 | affidavit shall also state the number of offenses
committed | ||||||
19 | while operating a vehicle in connection with the driver's | ||||||
20 | regular
occupation. The affidavit shall be accompanied by the | ||||||
21 | driver's license.
Upon receipt of a properly completed | ||||||
22 | affidavit, the Secretary of State
shall issue the driver a | ||||||
23 | permit to operate a vehicle in connection with the
driver's | ||||||
24 | regular occupation only. Unless the permit is issued by the
| ||||||
25 | Secretary of State prior to the date of suspension, the | ||||||
26 | privilege to drive
any motor vehicle shall be suspended as set |
| |||||||
| |||||||
1 | forth in the notice that was
mailed under this Section. If an | ||||||
2 | affidavit is received subsequent to the
effective date of this | ||||||
3 | suspension, a permit may be issued for the remainder
of the | ||||||
4 | suspension period.
| ||||||
5 | The provisions of this subparagraph shall not apply to any | ||||||
6 | driver
required to possess a CDL for the purpose of operating a | ||||||
7 | commercial motor vehicle.
| ||||||
8 | Any person who falsely states any fact in the affidavit | ||||||
9 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
10 | and upon conviction
thereof shall have all driving privileges | ||||||
11 | revoked without further rights.
| ||||||
12 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
13 | this Code,
the Secretary of State shall either rescind or | ||||||
14 | continue an order of
revocation or shall substitute an order of | ||||||
15 | suspension; or, good
cause appearing therefor, rescind, | ||||||
16 | continue, change, or extend the
order of suspension. If the | ||||||
17 | Secretary of State does not rescind the order,
the Secretary | ||||||
18 | may upon application,
to relieve undue hardship (as defined by | ||||||
19 | the rules of the Secretary of State), issue
a restricted | ||||||
20 | driving permit granting the privilege of driving a motor
| ||||||
21 | vehicle between the petitioner's residence and petitioner's | ||||||
22 | place of
employment or within the scope of the petitioner's | ||||||
23 | employment related duties, or to
allow the petitioner to | ||||||
24 | transport himself or herself, or a family member of the
| ||||||
25 | petitioner's household to a medical facility, to receive | ||||||
26 | necessary medical care, to allow the petitioner to transport |
| |||||||
| |||||||
1 | himself or herself to and from alcohol or drug
remedial or | ||||||
2 | rehabilitative activity recommended by a licensed service | ||||||
3 | provider, or to allow the petitioner to transport himself or | ||||||
4 | herself or a family member of the petitioner's household to | ||||||
5 | classes, as a student, at an accredited educational | ||||||
6 | institution, or to allow the petitioner to transport children, | ||||||
7 | elderly persons, or persons with disabilities who do not hold | ||||||
8 | driving privileges and are living in the petitioner's household | ||||||
9 | to and from daycare. The
petitioner must demonstrate that no | ||||||
10 | alternative means of
transportation is reasonably available | ||||||
11 | and that the petitioner will not endanger
the public safety or | ||||||
12 | welfare.
| ||||||
13 | (A) If a person's license or permit is revoked or | ||||||
14 | suspended due to 2
or more convictions of violating Section | ||||||
15 | 11-501 of this Code or a similar
provision of a local | ||||||
16 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
17 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
18 | where the use of alcohol or other drugs is recited as an | ||||||
19 | element of the offense, or a similar out-of-state offense, | ||||||
20 | or a combination of these offenses, arising out
of separate | ||||||
21 | occurrences, that person, if issued a restricted driving | ||||||
22 | permit,
may not operate a vehicle unless it has been | ||||||
23 | equipped with an ignition
interlock device as defined in | ||||||
24 | Section 1-129.1.
| ||||||
25 | (B) If a person's license or permit is revoked or | ||||||
26 | suspended 2 or more
times due to any combination of: |
| |||||||
| |||||||
1 | (i) a single conviction of violating Section
| ||||||
2 | 11-501 of this Code or a similar provision of a local | ||||||
3 | ordinance or a similar
out-of-state offense or Section | ||||||
4 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012, where the use of alcohol or other drugs is | ||||||
6 | recited as an element of the offense, or a similar | ||||||
7 | out-of-state offense; or | ||||||
8 | (ii) a statutory summary suspension or revocation | ||||||
9 | under Section
11-501.1; or | ||||||
10 | (iii) a suspension under Section 6-203.1; | ||||||
11 | arising out of
separate occurrences; that person, if issued | ||||||
12 | a restricted driving permit, may
not operate a vehicle | ||||||
13 | unless it has been
equipped with an ignition interlock | ||||||
14 | device as defined in Section 1-129.1. | ||||||
15 | (B-5) If a person's license or permit is revoked or | ||||||
16 | suspended due to a conviction for a violation of | ||||||
17 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
18 | of Section 11-501 of this Code, or a similar provision of a | ||||||
19 | local ordinance or similar out-of-state offense, that | ||||||
20 | person, if issued a restricted driving permit, may not | ||||||
21 | operate a vehicle unless it has been equipped with an | ||||||
22 | ignition interlock device as defined in Section 1-129.1. | ||||||
23 | (C)
The person issued a permit conditioned upon the use | ||||||
24 | of an ignition interlock device must pay to the Secretary | ||||||
25 | of State DUI Administration Fund an amount
not to exceed | ||||||
26 | $30 per month. The Secretary shall establish by rule the |
| |||||||
| |||||||
1 | amount
and the procedures, terms, and conditions relating | ||||||
2 | to these fees. | ||||||
3 | (D) If the
restricted driving permit is issued for | ||||||
4 | employment purposes, then the prohibition against | ||||||
5 | operating a motor vehicle that is not equipped with an | ||||||
6 | ignition interlock device does not apply to the operation | ||||||
7 | of an occupational vehicle owned or
leased by that person's | ||||||
8 | employer when used solely for employment purposes. For any | ||||||
9 | person who, within a 5-year period, is convicted of a | ||||||
10 | second or subsequent offense under Section 11-501 of this | ||||||
11 | Code, or a similar provision of a local ordinance or | ||||||
12 | similar out-of-state offense, this employment exemption | ||||||
13 | does not apply until either a one-year period has elapsed | ||||||
14 | during which that person had his or her driving privileges | ||||||
15 | revoked or a one-year period has elapsed during which that | ||||||
16 | person had a restricted driving permit which required the | ||||||
17 | use of an ignition interlock device on every motor vehicle | ||||||
18 | owned or operated by that person. | ||||||
19 | (E) In each case the Secretary may issue a
restricted | ||||||
20 | driving permit for a period deemed appropriate, except that | ||||||
21 | all
permits shall expire no later than 2 years from the | ||||||
22 | date of issuance. A
restricted driving permit issued under | ||||||
23 | this Section shall be subject to
cancellation, revocation, | ||||||
24 | and suspension by the Secretary of State in like
manner and | ||||||
25 | for like cause as a driver's license issued under this Code | ||||||
26 | may be
cancelled, revoked, or suspended; except that a |
| |||||||
| |||||||
1 | conviction upon one or more
offenses against laws or | ||||||
2 | ordinances regulating the movement of traffic
shall be | ||||||
3 | deemed sufficient cause for the revocation, suspension, or
| ||||||
4 | cancellation of a restricted driving permit. The Secretary | ||||||
5 | of State may, as
a condition to the issuance of a | ||||||
6 | restricted driving permit, require the
applicant to | ||||||
7 | participate in a designated driver remedial or | ||||||
8 | rehabilitative
program. The Secretary of State is | ||||||
9 | authorized to cancel a restricted
driving permit if the | ||||||
10 | permit holder does not successfully 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 release | ||||||
17 | from a period of imprisonment resulting from a conviction | ||||||
18 | of the most recent offense, whichever is later, provided | ||||||
19 | the person, in addition to all other requirements of the | ||||||
20 | 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 the | ||||||
13 | results of regular alcohol or drug tests. Persons subject | ||||||
14 | to the provisions of paragraph 4 of subsection (b) of | ||||||
15 | Section 6-208 of this Code and who have been convicted of | ||||||
16 | more than one violation of paragraph (3), paragraph (4), or | ||||||
17 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
18 | Code shall not be eligible to apply for a restricted | ||||||
19 | 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) of | ||||||
24 | 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 that | ||||||
3 | is not equipped with an ignition interlock device, or for | ||||||
4 | 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. | ||||||
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 license | ||||||
2 | will be suspended one month after the date of the mailing of | ||||||
3 | 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 | Drivers 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 C.F.R. 384, the Secretary of | ||||||
18 | State may not issue a restricted driving permit for the | ||||||
19 | operation of a commercial motor vehicle to a person holding a | ||||||
20 | CDL whose driving privileges have been suspended, revoked, | ||||||
21 | cancelled, or disqualified under any provisions of this Code. | ||||||
22 | (g) The Secretary shall reinstate the driving privileges of | ||||||
23 | a person whose driving privileges were suspended or revoked | ||||||
24 | under this Section if the person shows that: | ||||||
25 | (1) the suspension or revocation of the person's | ||||||
26 | driving privileges vision resulted from an incident in |
| |||||||
| |||||||
1 | which the person's vision was impaired by the glare of the | ||||||
2 | sun; | ||||||
3 | (2) the incident would not have occurred but for the | ||||||
4 | impairment of the person's vision by the glare of the sun; | ||||||
5 | (3) there is no evidence that the person was, at the | ||||||
6 | time of the incident, otherwise impaired, distracted, or | ||||||
7 | inattentive in a manner that would constitute a violation | ||||||
8 | of this Code or an ordinance; | ||||||
9 | (4) other than any offenses for which the person was | ||||||
10 | charged as a result of the incident, the person was not | ||||||
11 | charged with any offense against a law or ordinance | ||||||
12 | regulating the movement of traffic after the accident or in | ||||||
13 | the 12-month period preceding the accident. | ||||||
14 | (Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; | ||||||
15 | 101-470, eff. 7-1-20; revised 9-23-19.)
| ||||||
16 | Section 95. No acceleration or delay. Where this Act makes | ||||||
17 | changes in a statute that is represented in this Act by text | ||||||
18 | that is not yet or no longer in effect (for example, a Section | ||||||
19 | represented by multiple versions), the use of that text does | ||||||
20 | not accelerate or delay the taking effect of (i) the changes | ||||||
21 | made by this Act or (ii) provisions derived from any other | ||||||
22 | Public Act.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|