Bill Text: IL SB1514 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that applicants for a non-commercial driver's license or learner's permit or a renewal thereof shall not be required to prove that they are lawfully present in the United States. Provides that application forms for non-commercial drivers' licenses and learners' permits which do not meet federal standards for identification or for renewal thereof shall not include documents used to prove age or identity, an applicant's ineligibility for a social security number, or an applicant's citizenship or immigration status. Restricts the Secretary of State and any agent or employee of the Secretary from retaining documents or copies of documents presented by applicants for non-commercial drivers' licenses or learners' permits. Provides that the Secretary shall provide a separate space on the application for a driver's license, permit, or renewal thereof so that any person who is at least 18 years of age but less than 26 years of age who applies to the Secretary for such permit, license, or card or renewal thereof may opt to register with the selective service, and consent to have the Secretary forward the necessary personal information. Makes other and conforming changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-02-07 - Referred to Assignments [SB1514 Detail]
Download: Illinois-2023-SB1514-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 | |||||||||||||||||||||||||||||||||||
5 | changing Sections 6-101, 6-103, 6-105.1, 6-106, 6-107.1, | |||||||||||||||||||||||||||||||||||
6 | 6-110.2, 6-117, 6-117.1, and 6-206 as follows:
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7 | (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
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8 | (Text of Section before amendment by P.A. 102-982 ) | |||||||||||||||||||||||||||||||||||
9 | Sec. 6-101. Drivers must have licenses or permits.
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10 | (a) No person, except those expressly exempted by Section | |||||||||||||||||||||||||||||||||||
11 | 6-102, shall
drive any motor vehicle upon a highway in this | |||||||||||||||||||||||||||||||||||
12 | State unless such person has
a valid license or permit, or a | |||||||||||||||||||||||||||||||||||
13 | restricted driving permit, issued under the
provisions of this | |||||||||||||||||||||||||||||||||||
14 | Act.
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15 | (b) No person shall drive a motor vehicle unless he holds a | |||||||||||||||||||||||||||||||||||
16 | valid
license or permit, or a restricted driving permit issued | |||||||||||||||||||||||||||||||||||
17 | under the
provisions of Section 6-205, 6-206, or 6-113 of this | |||||||||||||||||||||||||||||||||||
18 | Act. Any person to
whom a license is issued under the | |||||||||||||||||||||||||||||||||||
19 | provisions of this Act must surrender to
the Secretary of | |||||||||||||||||||||||||||||||||||
20 | State all valid licenses or permits, except that an applicant | |||||||||||||||||||||||||||||||||||
21 | for a non-domiciled commercial learner's permit or commercial | |||||||||||||||||||||||||||||||||||
22 | driver's license shall not be required to surrender a license | |||||||||||||||||||||||||||||||||||
23 | or permit issued by the applicant's state or country of |
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1 | domicile. No drivers license or instruction permit
shall be | ||||||
2 | issued to any person who holds a valid Foreign State license,
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3 | identification card, or permit
unless such person first | ||||||
4 | surrenders to the Secretary of State any such
valid Foreign | ||||||
5 | State license,
identification card, or permit.
| ||||||
6 | (b-5) Any person who commits a violation of subsection (a) | ||||||
7 | or (b) of this Section is guilty of a Class A misdemeanor, if | ||||||
8 | at the time of the violation the person's driver's license or | ||||||
9 | permit was cancelled under clause (a)9 of Section 6-201 of | ||||||
10 | this Code.
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11 | (c) Any person licensed as a driver hereunder shall not be | ||||||
12 | required by
any city, village, incorporated town or other | ||||||
13 | municipal corporation to
obtain any other license to exercise | ||||||
14 | the privilege thereby granted.
| ||||||
15 | (d) In addition to other penalties imposed under this | ||||||
16 | Section, any person
in violation of this Section who is also in | ||||||
17 | violation of Section 7-601 of this
Code relating to mandatory | ||||||
18 | insurance requirements shall have his or her motor
vehicle | ||||||
19 | immediately impounded by the arresting law enforcement | ||||||
20 | officer. The
motor vehicle may be released to any licensed | ||||||
21 | driver upon a showing of proof of
insurance for the motor | ||||||
22 | vehicle that was impounded and the notarized written
consent | ||||||
23 | for the release by the vehicle owner.
| ||||||
24 | (e) In addition to other penalties imposed under this | ||||||
25 | Section, the
vehicle
of any person
in violation of this | ||||||
26 | Section who is also in violation of Section 7-601 of this
Code |
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1 | relating to mandatory insurance requirements and who, in | ||||||
2 | violating this
Section, has caused death or personal injury to | ||||||
3 | another person is subject to
forfeiture under
Sections 36-1 | ||||||
4 | and 36-2 of the Criminal Code of 2012.
For the purposes of this | ||||||
5 | Section, a personal injury shall include
any type A injury as | ||||||
6 | indicated on the traffic accident report completed
by a law | ||||||
7 | enforcement officer that requires immediate professional | ||||||
8 | attention
in either a doctor's office or a medical facility. A | ||||||
9 | type A injury shall
include severely bleeding wounds, | ||||||
10 | distorted extremities, and injuries that
require the injured | ||||||
11 | party to be carried from the scene.
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12 | (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13; | ||||||
13 | 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A. | ||||||
14 | 99-414 for the effective date of changes made by P.A. | ||||||
15 | 98-176).)
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16 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
17 | Sec. 6-101. Drivers must have licenses or permits.
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18 | (a) No person, except those expressly exempted by Section | ||||||
19 | 6-102, shall
drive any motor vehicle upon a highway in this | ||||||
20 | State unless such person has
a valid license or permit, or a | ||||||
21 | restricted driving permit, issued under the
provisions of this | ||||||
22 | Act.
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23 | (b) No person shall drive a motor vehicle unless he holds a | ||||||
24 | valid
license or permit, or a restricted driving permit issued | ||||||
25 | under the
provisions of Section 6-205, 6-206, or 6-113 of this |
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| |||||||
1 | Act. Any person to
whom a license is issued under the | ||||||
2 | provisions of this Act must surrender to
the Secretary of | ||||||
3 | State all valid licenses or permits, except that an applicant | ||||||
4 | for a non-domiciled commercial learner's permit or commercial | ||||||
5 | driver's license shall not be required to surrender a license | ||||||
6 | or permit issued by the applicant's state or country of | ||||||
7 | domicile. No drivers license or instruction permit
shall be | ||||||
8 | issued to any person who holds a valid Foreign State license,
| ||||||
9 | identification card, or permit
unless such person first | ||||||
10 | surrenders to the Secretary of State any such
valid Foreign | ||||||
11 | State license,
identification card, or permit.
| ||||||
12 | (b-5) Any person who commits a violation of subsection (a) | ||||||
13 | or (b) of this Section is guilty of a Class A misdemeanor, if | ||||||
14 | at the time of the violation the person's driver's license or | ||||||
15 | permit was cancelled under clause (a)9 of Section 6-201 of | ||||||
16 | this Code.
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17 | (c) Any person licensed as a driver hereunder shall not be | ||||||
18 | required by
any city, village, incorporated town or other | ||||||
19 | municipal corporation to
obtain any other license to exercise | ||||||
20 | the privilege thereby granted.
| ||||||
21 | (d) In addition to other penalties imposed under this | ||||||
22 | Section, any person
in violation of this Section who is also in | ||||||
23 | violation of Section 7-601 of this
Code relating to mandatory | ||||||
24 | insurance requirements shall have his or her motor
vehicle | ||||||
25 | immediately impounded by the arresting law enforcement | ||||||
26 | officer. The
motor vehicle may be released to any licensed |
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| |||||||
1 | driver upon a showing of proof of
insurance for the motor | ||||||
2 | vehicle that was impounded and the notarized written
consent | ||||||
3 | for the release by the vehicle owner.
| ||||||
4 | (e) In addition to other penalties imposed under this | ||||||
5 | Section, the
vehicle
of any person
in violation of this | ||||||
6 | Section who is also in violation of Section 7-601 of this
Code | ||||||
7 | relating to mandatory insurance requirements and who, in | ||||||
8 | violating this
Section, has caused death or personal injury to | ||||||
9 | another person is subject to
forfeiture under
Sections 36-1 | ||||||
10 | and 36-2 of the Criminal Code of 2012.
For the purposes of this | ||||||
11 | Section, a personal injury shall include
any type A injury as | ||||||
12 | indicated on the traffic crash report completed
by a law | ||||||
13 | enforcement officer that requires immediate professional | ||||||
14 | attention
in either a doctor's office or a medical facility. A | ||||||
15 | type A injury shall
include severely bleeding wounds, | ||||||
16 | distorted extremities, and injuries that
require the injured | ||||||
17 | party to be carried from the scene.
| ||||||
18 | (Source: P.A. 102-982, eff. 7-1-23.)
| ||||||
19 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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20 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
21 | or granted
permits. The Secretary of State shall not issue, | ||||||
22 | renew, or
allow the retention of any driver's
license nor | ||||||
23 | issue any permit under this Code:
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24 | 1. To any person, as a driver, who is under the age of | ||||||
25 | 16 18 years except
as provided in Section 6-107, and |
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| |||||||
1 | except that an instruction permit may be
issued under | ||||||
2 | Section 6-107.1 to a child who
is not less than 15 years of | ||||||
3 | age if the child is enrolled in an approved
driver | ||||||
4 | education course as defined in Section 1-103 of this Code | ||||||
5 | and
requires an instruction permit to participate therein, | ||||||
6 | except that an
instruction permit may be issued under the | ||||||
7 | provisions of Section 6-107.1
to a child who is 17 years | ||||||
8 | and 3 months of age without the child having
enrolled in an
| ||||||
9 | approved driver education course and except that an
| ||||||
10 | instruction permit may be issued to a child who is at least | ||||||
11 | 15 years and 3
months of age, is enrolled in school, meets | ||||||
12 | the educational requirements of
the Driver Education Act, | ||||||
13 | and has passed examinations the Secretary of State in
his | ||||||
14 | or her discretion may prescribe;
| ||||||
15 | 1.5. To any person at least 16 18 years of age but less | ||||||
16 | than 21 years of age unless the person has, in addition to | ||||||
17 | any other requirements of this Code, successfully | ||||||
18 | completed an adult driver education course as provided in | ||||||
19 | Section 6-107.5 of this Code; | ||||||
20 | 2. To any person who is under the age of 18 as an | ||||||
21 | operator of a motorcycle
other than a motor driven cycle | ||||||
22 | unless the person has, in addition to
meeting the | ||||||
23 | provisions of Section 6-107 of this Code, successfully
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24 | completed a motorcycle
training course approved by the | ||||||
25 | Illinois Department of Transportation and
successfully | ||||||
26 | completes the required Secretary of State's motorcycle |
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1 | driver's
examination;
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2 | 3. To any person, as a driver, whose driver's license | ||||||
3 | or permit has been
suspended, during the suspension, nor | ||||||
4 | to any person whose driver's license or
permit has been | ||||||
5 | revoked, except as provided in Sections 6-205, 6-206, and
| ||||||
6 | 6-208;
| ||||||
7 | 4. To any person, as a driver, who is a user of alcohol | ||||||
8 | or any other
drug to a degree that renders the person | ||||||
9 | incapable of safely driving a motor
vehicle;
| ||||||
10 | 5. To any person, as a driver, who has previously been | ||||||
11 | adjudged to be
afflicted with or suffering from any mental | ||||||
12 | or physical disability or disease
and who has not at the | ||||||
13 | time of application been restored to competency by the
| ||||||
14 | methods provided by law;
| ||||||
15 | 6. To any person, as a driver, who is required by the | ||||||
16 | Secretary of State
to submit an alcohol and drug | ||||||
17 | evaluation or take an examination provided
for in this | ||||||
18 | Code unless the person has
successfully passed the | ||||||
19 | examination and submitted any required evaluation;
| ||||||
20 | 7. To any person who is required under the provisions | ||||||
21 | of the laws of
this State to deposit security or proof of | ||||||
22 | financial responsibility and who
has not deposited the | ||||||
23 | security or proof;
| ||||||
24 | 8. To any person when the Secretary of State has good | ||||||
25 | cause to believe
that the person by reason of physical or | ||||||
26 | mental disability would not be
able to safely operate a |
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1 | motor vehicle upon the highways, unless the
person shall | ||||||
2 | furnish to the Secretary of State a verified written
| ||||||
3 | statement, acceptable to the Secretary of State, from a | ||||||
4 | competent medical
specialist, a licensed physician | ||||||
5 | assistant, or a licensed advanced practice registered | ||||||
6 | nurse, to the effect that the operation of a motor vehicle | ||||||
7 | by the
person would not be inimical to the public safety;
| ||||||
8 | 9. To any person, as a driver, who is 69 years of age | ||||||
9 | or older, unless
the person has successfully complied with | ||||||
10 | the provisions of Section 6-109;
| ||||||
11 | 10. To any person convicted, within 12 months of | ||||||
12 | application for a
license, of any of the sexual offenses | ||||||
13 | enumerated in paragraph 2 of subsection
(b) of Section | ||||||
14 | 6-205;
| ||||||
15 | 11. To any person who is under the age of 21 years with | ||||||
16 | a classification
prohibited in paragraph (b) of Section | ||||||
17 | 6-104 and to any person who is under
the age of 18 years | ||||||
18 | with a classification prohibited in paragraph (c) of
| ||||||
19 | Section 6-104;
| ||||||
20 | 12. To any person who has been either convicted of or | ||||||
21 | adjudicated under
the Juvenile Court Act of 1987 based | ||||||
22 | upon a violation of the Cannabis Control
Act, the Illinois | ||||||
23 | Controlled Substances Act, or the Methamphetamine Control | ||||||
24 | and Community Protection Act while that person was in | ||||||
25 | actual
physical control of a motor vehicle. For purposes | ||||||
26 | of this Section, any person
placed on probation under |
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1 | Section 10 of the Cannabis Control Act, Section 410
of the | ||||||
2 | Illinois Controlled Substances Act, or Section 70 of the | ||||||
3 | Methamphetamine Control and Community Protection Act shall | ||||||
4 | not be considered convicted.
Any person found guilty of | ||||||
5 | this offense, while in actual physical control of a
motor | ||||||
6 | vehicle, shall have an entry made in the court record by | ||||||
7 | the judge that
this offense did occur while the person was | ||||||
8 | in actual physical control of a
motor vehicle and order | ||||||
9 | the clerk of the court to report the violation to the
| ||||||
10 | Secretary of State as such. The Secretary of State shall | ||||||
11 | not issue a new
license or permit for a period of one year;
| ||||||
12 | 13. To any person who is under the age of 18 years and | ||||||
13 | who has committed
the offense
of operating a motor vehicle | ||||||
14 | without a valid license or permit in violation of
Section | ||||||
15 | 6-101 or a similar out of state offense;
| ||||||
16 | 14. To any person who is
90 days or more
delinquent in | ||||||
17 | court ordered child support
payments or has been | ||||||
18 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
19 | obligation or more
and who has been found in contempt
of
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20 | court for failure to pay the support, subject to the | ||||||
21 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
22 | the Illinois Vehicle Code;
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23 | 14.5. To any person certified by the Illinois | ||||||
24 | Department of Healthcare and Family Services as being 90 | ||||||
25 | days or more delinquent in payment of support under an | ||||||
26 | order of support entered by a court or administrative body |
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1 | of this or any other State, subject to the requirements | ||||||
2 | and procedures of Article VII of Chapter 7 of this Code | ||||||
3 | regarding those certifications;
| ||||||
4 | 15. To any person released from a term of imprisonment | ||||||
5 | for violating
Section 9-3 of the Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012, or a similar provision of a law | ||||||
7 | of another state relating to reckless homicide or for | ||||||
8 | violating subparagraph (F) of paragraph (1) of subsection | ||||||
9 | (d) of Section 11-501 of this Code relating to aggravated | ||||||
10 | driving under the influence of alcohol, other drug or | ||||||
11 | drugs, intoxicating compound or compounds, or any | ||||||
12 | combination thereof, if the violation was the proximate | ||||||
13 | cause of a death, within
24 months of release from a term | ||||||
14 | of imprisonment;
| ||||||
15 | 16. To any person who, with intent to influence any | ||||||
16 | act related to the issuance of any driver's license or | ||||||
17 | permit, by an employee of the Secretary of State's Office, | ||||||
18 | or the owner or employee of any commercial driver training | ||||||
19 | school licensed by the Secretary of State, or any other | ||||||
20 | individual authorized by the laws of this State to give | ||||||
21 | driving instructions or administer all or part of a | ||||||
22 | driver's license examination, promises or tenders to that | ||||||
23 | person any property or personal advantage which that | ||||||
24 | person is not authorized by law to accept. Any persons | ||||||
25 | promising or tendering such property or personal advantage | ||||||
26 | shall be disqualified from holding any class of driver's |
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1 | license or permit for 120 consecutive days. The Secretary | ||||||
2 | of State shall establish by rule the procedures for | ||||||
3 | implementing this period of disqualification and the | ||||||
4 | procedures by which persons so disqualified may obtain | ||||||
5 | administrative review of the decision to disqualify;
| ||||||
6 | 17. To any person for whom the Secretary of State | ||||||
7 | cannot verify the
accuracy of any information or | ||||||
8 | documentation submitted in application for a
driver's | ||||||
9 | license;
| ||||||
10 | 18. To any person who has been adjudicated under the | ||||||
11 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
12 | determined by the court to have been committed in | ||||||
13 | furtherance of the criminal activities of an organized | ||||||
14 | gang, as provided in Section 5-710 of that Act, and that | ||||||
15 | involved the operation or use of a motor vehicle or the use | ||||||
16 | of a driver's license or permit. The person shall be | ||||||
17 | denied a license or permit for the period determined by | ||||||
18 | the court; or
| ||||||
19 | 19. To any person who holds a REAL ID compliant | ||||||
20 | identification card or REAL ID compliant Person with a | ||||||
21 | Disability Identification Card issued under the Illinois | ||||||
22 | Identification Card Act. Any such person may, at his or | ||||||
23 | her discretion, surrender the REAL ID compliant | ||||||
24 | identification card or REAL ID compliant Person with a | ||||||
25 | Disability Identification Card in order to become eligible | ||||||
26 | to obtain a REAL ID compliant driver's license. |
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1 | The Secretary of State shall retain all conviction
| ||||||
2 | information, if the information is required to be held | ||||||
3 | confidential under
the Juvenile Court Act of 1987. | ||||||
4 | (Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17; | ||||||
5 | 100-248, eff. 8-22-17; 100-513, eff. 1-1-18; 100-863, eff. | ||||||
6 | 8-14-18.)
| ||||||
7 | (625 ILCS 5/6-105.1) | ||||||
8 | Sec. 6-105.1. Non-commercial drivers' licenses and | ||||||
9 | learners' permits which do not meet federal standards for | ||||||
10 | identification Temporary visitor's driver's license . | ||||||
11 | (a) Applicants for a non-commercial driver's license or | ||||||
12 | learner's permit or a renewal thereof shall not be required to | ||||||
13 | prove that they are lawfully present in the United States. The | ||||||
14 | Secretary of State may issue a temporary visitor's driver's | ||||||
15 | license to a foreign national who (i) resides in this State, | ||||||
16 | (ii) is ineligible to obtain a social security number, and | ||||||
17 | (iii) presents to the Secretary documentation, issued by | ||||||
18 | United States Citizenship and Immigration Services, | ||||||
19 | authorizing the person's presence in this country. | ||||||
20 | (a-5) Application forms for non-commercial drivers' | ||||||
21 | licenses and learners' permits which do not meet federal | ||||||
22 | standards for identification or for renewal thereof shall not | ||||||
23 | state (i) the documents an applicant used to prove age or | ||||||
24 | identity, (ii) an applicant's ineligibility for a social | ||||||
25 | security number where applicable, or (iii) an applicant's |
| |||||||
| |||||||
1 | citizenship or immigration status. The Secretary of State may | ||||||
2 | issue a temporary visitor's driver's license to an applicant | ||||||
3 | who (i) has resided in this State for a period in excess of one | ||||||
4 | year, (ii) is ineligible to obtain a social security number, | ||||||
5 | and (iii) is unable to present documentation issued by the | ||||||
6 | United States Citizenship and Immigration Services authorizing | ||||||
7 | the person's presence in this country. The applicant shall | ||||||
8 | submit a valid unexpired passport from the applicant's country | ||||||
9 | of citizenship or a valid unexpired consular identification | ||||||
10 | document issued by a consulate of that country as defined in | ||||||
11 | Section 5 of the Consular Identification Document Act (5 ILCS | ||||||
12 | 230/5). | ||||||
13 | (a-10) Applicants for a temporary visitor's driver's | ||||||
14 | license who are under 18 years of age at the time of | ||||||
15 | application shall be subject to the provisions of Sections | ||||||
16 | 6-107 and 6-108 of this Code. | ||||||
17 | (b) The Secretary and any agent or employee of the | ||||||
18 | Secretary shall not retain the documents or copies of | ||||||
19 | documents presented by applicants for non-commercial drivers' | ||||||
20 | licenses or learners' permits which do not meet federal | ||||||
21 | standards for identification to prove age or identity except | ||||||
22 | for a limited period necessary to ensure the validity and | ||||||
23 | authenticity of such documents. A temporary visitor's driver's | ||||||
24 | license issued under subsection (a) is valid for 3 years, or | ||||||
25 | for the period of time the individual is authorized to remain | ||||||
26 | in this country, whichever ends sooner. A temporary visitor's |
| |||||||
| |||||||
1 | driver's license issued under subsection (a-5) shall be valid | ||||||
2 | for a period of 3 years. | ||||||
3 | (b-5) A non-commercial driver's license or learner's | ||||||
4 | permit which does not meet federal standards for | ||||||
5 | identification shall not be used as evidence of a person's | ||||||
6 | citizenship or immigration status, and shall not be the basis | ||||||
7 | for investigating, arresting, or detaining a person. Neither | ||||||
8 | the Secretary nor any agent or employee of the Secretary shall | ||||||
9 | inquire about the citizenship or immigration status of any | ||||||
10 | applicant for a non-commercial driver's license or learner's | ||||||
11 | permit which does not meet federal standards for | ||||||
12 | identification. A temporary visitor's driver's license issued | ||||||
13 | under this Section may not be accepted for proof of the | ||||||
14 | holder's identity. A temporary visitor's driver's license | ||||||
15 | issued under this Section shall contain a notice on its face, | ||||||
16 | in capitalized letters, stating that the temporary visitor's | ||||||
17 | driver's license may not be accepted for proof of identity. | ||||||
18 | (c) The Secretary shall adopt rules for implementing this | ||||||
19 | Section, including that non-commercial drivers' licenses and | ||||||
20 | learners' permits which do not meet federal standards for | ||||||
21 | identification shall be issued in such form as the Secretary | ||||||
22 | shall determine, as long as such licenses and permits shall be | ||||||
23 | visually identical to non-commercial drivers' licenses and | ||||||
24 | learners' permits which do meet federal standards for | ||||||
25 | identification except that such licenses and permits may state | ||||||
26 | "not for federal purposes". However, the Secretary may adopt |
| |||||||
| |||||||
1 | rules providing for additional design or color indicators for | ||||||
2 | both such non-commercial drivers' licenses and learners' | ||||||
3 | permits if required to comply with federal law. rules: | ||||||
4 | (1) regarding the design and content of the temporary | ||||||
5 | visitor's driver's license; | ||||||
6 | (2) establishing criteria for proof of identification | ||||||
7 | and residency of an individual applying under subsection | ||||||
8 | (a-5); | ||||||
9 | (3) designating acceptable evidence that an applicant | ||||||
10 | is not eligible for a social security number; and | ||||||
11 | (4) regarding the issuance of temporary visitor's | ||||||
12 | instruction permits.
| ||||||
13 | (d) Any person to whom the Secretary of State may issue a | ||||||
14 | temporary visitor's driver's license shall be subject to any | ||||||
15 | and all provisions of this Code and any and all implementing | ||||||
16 | regulations issued by the Secretary of State to the same | ||||||
17 | extent as any person issued a driver's license, unless | ||||||
18 | otherwise provided in this Code or by administrative rule, | ||||||
19 | including but not limited to the examination requirements in | ||||||
20 | Section 6-109 as well as the mandatory insurance requirements | ||||||
21 | and penalties set forth in Article VI of Chapter 7 of this | ||||||
22 | Code. | ||||||
23 | (d-5) A temporary visitor's driver's license is invalid if | ||||||
24 | the holder is unable to provide proof of liability insurance | ||||||
25 | as required by Section 7-601 of this Code upon the request of a | ||||||
26 | law enforcement officer, in which case the holder commits a |
| |||||||
| |||||||
1 | violation of Section 6-101 of this Code. | ||||||
2 | (e) (Blank). Temporary visitor's driver's licenses shall | ||||||
3 | be issued from a central location after the Secretary of State | ||||||
4 | has verified the information provided by the applicant. | ||||||
5 | (f) There is created in the State treasury a special fund | ||||||
6 | to be known as the Driver Services Administration Fund. All | ||||||
7 | fees collected for the issuance of temporary visitor's | ||||||
8 | driver's licenses shall be deposited into the Fund. These | ||||||
9 | funds shall, subject to appropriation, be used by the Office | ||||||
10 | of the Secretary of State for costs related to the issuance of | ||||||
11 | temporary visitor's driver's licenses, and other operational | ||||||
12 | costs, including personnel, facilities, computer programming, | ||||||
13 | and data transmission. | ||||||
14 | (Source: P.A. 97-1157, eff. 11-28-13 .)
| ||||||
15 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| ||||||
16 | Sec. 6-106. Application for license or instruction permit.
| ||||||
17 | (a) Every application for any permit or license authorized | ||||||
18 | to be issued
under this Code shall be made upon a form | ||||||
19 | furnished by the Secretary of
State. Every application shall | ||||||
20 | be accompanied by the proper fee and payment
of such fee shall | ||||||
21 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
22 | examination within a period of one year after the date of | ||||||
23 | application.
| ||||||
24 | (b) Every application shall state the legal name, social | ||||||
25 | security
number, zip
code, date of birth, sex, and residence |
| |||||||
| |||||||
1 | address of the applicant; briefly
describe the applicant; | ||||||
2 | state whether the applicant has theretofore been
licensed as a | ||||||
3 | driver, and, if so, when and by what state or country, and
| ||||||
4 | whether any such license has ever been cancelled, suspended, | ||||||
5 | revoked or
refused, and, if so, the date and reason for such | ||||||
6 | cancellation, suspension,
revocation or refusal; shall include | ||||||
7 | an affirmation by the applicant that
all information set forth | ||||||
8 | is true and correct; and shall bear the
applicant's signature. | ||||||
9 | In addition to the residence address, the Secretary may allow | ||||||
10 | the applicant to provide a mailing address. In the case of an | ||||||
11 | applicant who is a judicial officer or peace officer, the | ||||||
12 | Secretary may allow the applicant to provide an office or work | ||||||
13 | address in lieu of a residence or mailing address. The | ||||||
14 | application form may
also require the statement of such | ||||||
15 | additional relevant information as the
Secretary of State | ||||||
16 | shall deem necessary to determine the applicant's
competency | ||||||
17 | and eligibility. The Secretary of State may, in his
| ||||||
18 | discretion, by rule or regulation, provide that an application | ||||||
19 | for a
drivers license or permit may include a suitable | ||||||
20 | photograph of the
applicant in the
form prescribed by the | ||||||
21 | Secretary, and he may further provide that each
drivers | ||||||
22 | license shall include a photograph of the driver. The | ||||||
23 | Secretary of
State may utilize a photograph process or system | ||||||
24 | most suitable to deter
alteration or improper reproduction of | ||||||
25 | a drivers license and to prevent
substitution of another photo | ||||||
26 | thereon.
For the purposes of this subsection (b), "peace |
| |||||||
| |||||||
1 | officer" means any person who by virtue of his or her office or | ||||||
2 | public employment is vested by law with a duty to maintain | ||||||
3 | public order or to make arrests for a violation of any penal | ||||||
4 | statute of this State, whether that duty extends to all | ||||||
5 | violations or is limited to specific violations.
| ||||||
6 | (b-3) Upon the first issuance of a request for proposals | ||||||
7 | for a digital driver's license and identification card | ||||||
8 | issuance and facial recognition system issued after January 1, | ||||||
9 | 2020 (the effective date of Public Act 101-513), and upon | ||||||
10 | implementation of a new or revised system procured pursuant to | ||||||
11 | that request for proposals, the Secretary shall permit | ||||||
12 | applicants to choose between "male", "female" or "non-binary" | ||||||
13 | when designating the applicant's sex on the driver's license | ||||||
14 | application form. The sex designated by the applicant shall be | ||||||
15 | displayed on the driver's license issued to the applicant. | ||||||
16 | (b-5) Every applicant for a REAL ID compliant driver's | ||||||
17 | license or permit shall provide proof of lawful status in the | ||||||
18 | United States as defined in 6 CFR 37.3, as amended. Applicants | ||||||
19 | who are unable to provide the Secretary with proof of lawful | ||||||
20 | status may apply for a driver's license or permit under | ||||||
21 | Section 6-105.1 of this Code. | ||||||
22 | (c) The application form shall include a notice to the | ||||||
23 | applicant of the
registration obligations of sex offenders | ||||||
24 | under the Sex Offender Registration
Act. The notice shall be | ||||||
25 | provided in a form and manner prescribed by the
Secretary of | ||||||
26 | State. For purposes of this subsection (c), "sex offender" has
|
| |||||||
| |||||||
1 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
2 | Registration Act.
| ||||||
3 | (d) The Secretary shall provide separate space on the | ||||||
4 | application for a driver's license, permit, or renewal thereof | ||||||
5 | so that any person who is at least 18 years of age but less | ||||||
6 | than 26 years of age who applies to the Secretary for such | ||||||
7 | permit, license, or card or renewal thereof may opt to | ||||||
8 | register with the selective service in accordance with 50 | ||||||
9 | U.S.C. 451, if such person is subject to such Act, and consent | ||||||
10 | to have the Secretary forward the necessary personal | ||||||
11 | information in accordance with this subsection. Such consent | ||||||
12 | shall be separate from any other certification or signature on | ||||||
13 | such application. The Secretary shall include on the | ||||||
14 | application a brief statement about the requirement of the | ||||||
15 | law, a citation of the Act, and the consequences for failing to | ||||||
16 | meet the same. The Secretary shall forward to the selective | ||||||
17 | service system, in an electronic format, the necessary | ||||||
18 | personal information required for registration only of | ||||||
19 | individuals who have affirmatively opted and consented, | ||||||
20 | pursuant to this subsection, to authorize the Secretary to | ||||||
21 | forward such information to the selective service system. Any | ||||||
22 | male United States citizen or immigrant who applies for any
| ||||||
23 | permit or
license authorized to be issued under this Code or | ||||||
24 | for a renewal of any permit
or
license,
and who is at least 18 | ||||||
25 | years of age but less than 26 years of age, must be
registered | ||||||
26 | in compliance with the requirements of the federal Military
|
| |||||||
| |||||||
1 | Selective
Service Act.
The Secretary of State must forward in | ||||||
2 | an electronic format the necessary
personal information | ||||||
3 | regarding the applicants identified in this subsection (d)
to
| ||||||
4 | the Selective Service System. The applicant's signature on the | ||||||
5 | application
serves
as an indication that the applicant either | ||||||
6 | has already registered with the
Selective
Service System or | ||||||
7 | that he is authorizing the Secretary to forward to the
| ||||||
8 | Selective
Service System the necessary information for | ||||||
9 | registration. The Secretary must
notify the applicant at the | ||||||
10 | time of application that his signature constitutes
consent to | ||||||
11 | registration with the Selective Service System, if he is not | ||||||
12 | already
registered.
| ||||||
13 | (e) Beginning on or before July 1, 2015, for each original | ||||||
14 | or renewal driver's license application under this Code, the | ||||||
15 | Secretary shall inquire as to whether the applicant is a | ||||||
16 | veteran for purposes of issuing a driver's license with a | ||||||
17 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
18 | this Code. The acceptable forms of proof shall include, but | ||||||
19 | are not limited to, Department of Defense form DD-214, | ||||||
20 | Department of Defense form DD-256 for applicants who did not | ||||||
21 | receive a form DD-214 upon the completion of initial basic | ||||||
22 | training, Department of Defense form DD-2 (Retired), an | ||||||
23 | identification card issued under the federal Veterans | ||||||
24 | Identification Card Act of 2015, or a United States Department | ||||||
25 | of Veterans Affairs summary of benefits letter. If the | ||||||
26 | document cannot be stamped, the Illinois Department of |
| |||||||
| |||||||
1 | Veterans' Affairs shall provide a certificate to the veteran | ||||||
2 | to provide to the Secretary of State. The Illinois Department | ||||||
3 | of Veterans' Affairs shall advise the Secretary as to what | ||||||
4 | other forms of proof of a person's status as a veteran are | ||||||
5 | acceptable. | ||||||
6 | For each applicant who is issued a driver's license with a | ||||||
7 | veteran designation, the Secretary shall provide the | ||||||
8 | Department of Veterans' Affairs with the applicant's name, | ||||||
9 | address, date of birth, gender and such other demographic | ||||||
10 | information as agreed to by the Secretary and the Department. | ||||||
11 | The Department may take steps necessary to confirm the | ||||||
12 | applicant is a veteran. If after due diligence, including | ||||||
13 | writing to the applicant at the address provided by the | ||||||
14 | Secretary, the Department is unable to verify the applicant's | ||||||
15 | veteran status, the Department shall inform the Secretary, who | ||||||
16 | shall notify the applicant that he or she must confirm status | ||||||
17 | as a veteran, or the driver's license will be cancelled. | ||||||
18 | For purposes of this subsection (e): | ||||||
19 | "Armed forces" means any of the Armed Forces of the United | ||||||
20 | States, including a member of any reserve component or | ||||||
21 | National Guard unit. | ||||||
22 | "Veteran" means a person who has served in the armed | ||||||
23 | forces and was discharged or separated under honorable | ||||||
24 | conditions. | ||||||
25 | (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19; | ||||||
26 | 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-107.1) | ||||||
2 | Sec. 6-107.1. Instruction permit for a minor. | ||||||
3 | (a) The Secretary of State, upon
receiving proper | ||||||
4 | application and payment of the required fee, may issue an
| ||||||
5 | instruction permit to any person under the age of 18 years who | ||||||
6 | is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | ||||||
7 | or 8 of Section
6-103, after the applicant has successfully | ||||||
8 | passed such examination as the
Secretary of State in his | ||||||
9 | discretion may prescribe. | ||||||
10 | (1) An instruction permit issued under this Section
| ||||||
11 | shall be valid for a period of 24 months after the date of | ||||||
12 | its
issuance and shall be restricted, by the Secretary of | ||||||
13 | State, to the operation
of a motor vehicle by the minor | ||||||
14 | only when under direct supervision of the adult instructor
| ||||||
15 | of a driver education program during enrollment in the | ||||||
16 | program or when
practicing under direct supervision of a | ||||||
17 | parent,
legal guardian, family member, or a person in loco | ||||||
18 | parentis who is 21
years of age or more, has a license | ||||||
19 | classification to operate such vehicle
and at least one | ||||||
20 | year of driving experience, and who is occupying a seat | ||||||
21 | beside
the driver. | ||||||
22 | (2) A 24 month instruction permit for a motor driven | ||||||
23 | cycle may be issued
to
a person 15 16 or 17 years of age | ||||||
24 | and entitles the holder to drive upon the
highways during | ||||||
25 | daylight under direct supervision of a licensed motor |
| |||||||
| |||||||
1 | driven
cycle operator or motorcycle operator 21 years of | ||||||
2 | age or older who has a
license classification to operate | ||||||
3 | such motor driven cycle or motorcycle and at
least one | ||||||
4 | year of driving experience. | ||||||
5 | (3) A 24 month instruction permit for a motorcycle | ||||||
6 | other than a motor
driven
cycle may be issued to a person | ||||||
7 | 15 16 or 17 years of age in accordance with the
provisions | ||||||
8 | of paragraph 2 of Section 6-103 and entitles a holder to | ||||||
9 | drive upon
the highways during daylight under the direct | ||||||
10 | supervision of a licensed
motorcycle operator 21 years of | ||||||
11 | age or older who has at least one year of
driving
| ||||||
12 | experience. | ||||||
13 | (b) An instruction permit issued under this Section when | ||||||
14 | issued to a person
under the
age of 18 years shall, as a matter | ||||||
15 | of law, be invalid for the operation of any
motor
vehicle | ||||||
16 | during the following times:
| ||||||
17 | (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
| ||||||
18 | (2) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
19 | Sunday; and | ||||||
20 | (3) Between 10:00 p.m. on Sunday to Thursday, | ||||||
21 | inclusive, and 6:00 a.m. on the following day. | ||||||
22 | The instruction permit of a person under the age of 18 | ||||||
23 | shall not be invalid as described in paragraph (b) of this | ||||||
24 | Section if the instruction permit holder under the age of 18 | ||||||
25 | was: | ||||||
26 | (1) accompanied by the minor's parent or guardian or |
| |||||||
| |||||||
1 | other person in custody or control of the minor; | ||||||
2 | (2) on an errand at the direction of the minor's | ||||||
3 | parent or guardian, without any detour or stop; | ||||||
4 | (3) in a motor vehicle involved in interstate travel; | ||||||
5 | (4) going to or returning home from an employment | ||||||
6 | activity, without any detour or stop; | ||||||
7 | (5) involved in an emergency; | ||||||
8 | (6) going to or returning home from, without any | ||||||
9 | detour or stop, an official school, religious, or other | ||||||
10 | recreational activity supervised by adults and sponsored | ||||||
11 | by a government or governmental agency, a civic | ||||||
12 | organization, or another similar entity that takes | ||||||
13 | responsibility for the licensee, without any detour or | ||||||
14 | stop; | ||||||
15 | (7) exercising First Amendment rights protected by the | ||||||
16 | United States Constitution, such as the free exercise of | ||||||
17 | religion, freedom of speech, and the right of assembly; or | ||||||
18 | (8) married or had been married or is an emancipated | ||||||
19 | minor under the Emancipation of Minors Act. | ||||||
20 | (b-1) No instruction permit shall be issued to any | ||||||
21 | applicant who is under the age of 18 years and who has been | ||||||
22 | certified to be a chronic or habitual truant, as defined in | ||||||
23 | Section 26-2a of the School Code. | ||||||
24 | An applicant under the age of 18 years who provides proof | ||||||
25 | that he or she has resumed regular school attendance or that | ||||||
26 | his or her application was denied in error shall be eligible to |
| |||||||
| |||||||
1 | receive an instruction permit if other requirements are met. | ||||||
2 | The Secretary shall adopt rules for implementing this | ||||||
3 | subsection (b-1).
| ||||||
4 | (c) Any person under the age of 16 years who possesses an | ||||||
5 | instruction permit
and
whose
driving privileges have been | ||||||
6 | suspended or revoked under the provisions of this
Code shall | ||||||
7 | not be granted a Family Financial Responsibility Driving | ||||||
8 | Permit or a
Restricted Driving Permit. | ||||||
9 | (Source: P.A. 95-310, eff. 1-1-08; 96-1237, eff. 1-1-11.)
| ||||||
10 | (625 ILCS 5/6-110.2) | ||||||
11 | Sec. 6-110.2. Confidentiality of documents submitted with | ||||||
12 | an application for a driver's license. Documents required to | ||||||
13 | be submitted with an application for a driver's license to | ||||||
14 | prove the applicant's identity (name and date of birth), | ||||||
15 | social security number, written signature, residency, and, as | ||||||
16 | applicable, proof of lawful status shall be confidential and | ||||||
17 | shall not be disclosed as described in Section 6-105.1, except | ||||||
18 | to the following persons: | ||||||
19 | (1) the individual to whom the driver's license or | ||||||
20 | permit was issued, upon written request; | ||||||
21 | (2) officers and employees of the Secretary of State | ||||||
22 | who have a need to have access to the stored images for | ||||||
23 | purposes of issuing and controlling driver's licenses, | ||||||
24 | permits, or identification cards and investigation of | ||||||
25 | fraud or misconduct; |
| |||||||
| |||||||
1 | (3) law enforcement officials for a civil or criminal | ||||||
2 | law enforcement investigation; | ||||||
3 | (4) other entities that the Secretary may authorize by | ||||||
4 | rule.
| ||||||
5 | (Source: P.A. 101-326, eff. 8-9-19.)
| ||||||
6 | (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
| ||||||
7 | (Text of Section before amendment by P.A. 102-982 )
| ||||||
8 | Sec. 6-117. Records to be kept by the Secretary of State.
| ||||||
9 | (a) The Secretary of State shall file every application | ||||||
10 | for a license or
permit accepted under this Chapter, and shall | ||||||
11 | maintain suitable
indexes thereof. The records of the | ||||||
12 | Secretary of State shall indicate the
action taken with | ||||||
13 | respect to such applications.
| ||||||
14 | (b) The Secretary of State shall maintain appropriate | ||||||
15 | records of all
licenses and permits refused, cancelled, | ||||||
16 | disqualified, revoked, or suspended and of the
revocation,
| ||||||
17 | suspension, and disqualification of driving privileges of | ||||||
18 | persons not licensed
under this Chapter, and such records | ||||||
19 | shall note the reasons for such
action.
| ||||||
20 | (c) The Secretary of State shall maintain appropriate | ||||||
21 | records of
convictions reported under this Chapter. Records of | ||||||
22 | conviction may be
maintained in a computer processible medium.
| ||||||
23 | (d) The Secretary of State may also maintain appropriate | ||||||
24 | records of any
accident reports received.
| ||||||
25 | (e) The Secretary of State shall also maintain appropriate |
| |||||||
| |||||||
1 | records
of any disposition of supervision or records
relative
| ||||||
2 | to a driver's referral to a driver remedial or rehabilitative | ||||||
3 | program, as
required by the Secretary of State or the courts. | ||||||
4 | Such records shall only
be available for use by the Secretary, | ||||||
5 | the driver licensing administrator of any other state, law | ||||||
6 | enforcement agencies, the
courts, and the affected driver or, | ||||||
7 | upon proper verification,
such affected driver's attorney.
| ||||||
8 | (f) The Secretary of State shall also maintain or contract | ||||||
9 | to maintain
appropriate records of all photographs and | ||||||
10 | signatures obtained in the process
of issuing any driver's | ||||||
11 | license, permit, or identification card. The record
shall be | ||||||
12 | confidential and shall not be disclosed except to those | ||||||
13 | entities
listed under Section 6-110.1 of this Code and by | ||||||
14 | following the procedures in Section 6-105.1 .
| ||||||
15 | (g) The Secretary of State may establish a First Person | ||||||
16 | Consent organ and tissue donor registry in compliance with | ||||||
17 | subsection (b-1) of Section 5-20 of the Illinois Anatomical | ||||||
18 | Gift Act, as follows: | ||||||
19 | (1) The Secretary shall offer, to each applicant for | ||||||
20 | issuance or renewal of a driver's license or | ||||||
21 | identification card who is 16 years of age or older, the | ||||||
22 | opportunity to have his or her name included in the First | ||||||
23 | Person Consent organ and tissue donor registry. The | ||||||
24 | Secretary must advise the applicant or licensee that he or | ||||||
25 | she is under no compulsion to have his or her name included | ||||||
26 | in the registry. An individual who agrees to having his or |
| |||||||
| |||||||
1 | her name included in the First Person Consent organ and | ||||||
2 | tissue donor registry has given full legal consent to the | ||||||
3 | donation of any of his or her organs or tissue upon his or | ||||||
4 | her death. A brochure explaining this method of executing | ||||||
5 | an anatomical gift must be given to each applicant for | ||||||
6 | issuance or renewal of a driver's license or | ||||||
7 | identification card. The brochure must advise the | ||||||
8 | applicant or licensee (i) that he or she is under no | ||||||
9 | compulsion to have his or her name included in this | ||||||
10 | registry and (ii) that he or she may wish to consult with | ||||||
11 | family, friends, or clergy before doing so. | ||||||
12 | (2) The Secretary of State may establish additional | ||||||
13 | methods by which an individual may have his or her name | ||||||
14 | included in the First Person Consent organ and tissue | ||||||
15 | donor registry. | ||||||
16 | (3) When an individual has agreed to have his or her | ||||||
17 | name included in the First Person Consent organ and tissue | ||||||
18 | donor registry, the Secretary of State shall note that | ||||||
19 | agreement in the First Person consent organ and tissue | ||||||
20 | donor registry. Representatives of federally designated | ||||||
21 | organ procurement agencies and tissue banks and the | ||||||
22 | offices of Illinois county coroners and medical examiners | ||||||
23 | may inquire of the Secretary of State whether a potential | ||||||
24 | organ donor's name is included in the First Person Consent | ||||||
25 | organ and tissue donor registry, and the Secretary of | ||||||
26 | State may provide that information to the representative. |
| |||||||
| |||||||
1 | (4) An individual may withdraw his or her consent to | ||||||
2 | be listed in the First Person Consent organ and tissue | ||||||
3 | donor registry maintained by the Secretary of State by | ||||||
4 | notifying the Secretary of State in writing, or by any | ||||||
5 | other means approved by the Secretary, of the individual's | ||||||
6 | decision to have his or her name removed from the | ||||||
7 | registry. | ||||||
8 | (5) The Secretary of State may undertake additional | ||||||
9 | efforts, including education and awareness activities, to | ||||||
10 | promote organ and tissue donation. | ||||||
11 | (6) In the absence of gross negligence or willful | ||||||
12 | misconduct, the Secretary of State and his or her | ||||||
13 | employees are immune from any civil or criminal liability | ||||||
14 | in connection with an individual's consent to be listed in | ||||||
15 | the organ and tissue donor registry.
| ||||||
16 | (Source: P.A. 100-41, eff. 1-1-18 .)
| ||||||
17 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
18 | Sec. 6-117. Records to be kept by the Secretary of State.
| ||||||
19 | (a) The Secretary of State shall file every application | ||||||
20 | for a license or
permit accepted under this Chapter, and shall | ||||||
21 | maintain suitable
indexes thereof. The records of the | ||||||
22 | Secretary of State shall indicate the
action taken with | ||||||
23 | respect to such applications.
| ||||||
24 | (b) The Secretary of State shall maintain appropriate | ||||||
25 | records of all
licenses and permits refused, cancelled, |
| |||||||
| |||||||
1 | disqualified, revoked, or suspended and of the
revocation,
| ||||||
2 | suspension, and disqualification of driving privileges of | ||||||
3 | persons not licensed
under this Chapter, and such records | ||||||
4 | shall note the reasons for such
action.
| ||||||
5 | (c) The Secretary of State shall maintain appropriate | ||||||
6 | records of
convictions reported under this Chapter. Records of | ||||||
7 | conviction may be
maintained in a computer processible medium.
| ||||||
8 | (d) The Secretary of State may also maintain appropriate | ||||||
9 | records of any
crash reports received.
| ||||||
10 | (e) The Secretary of State shall also maintain appropriate | ||||||
11 | records
of any disposition of supervision or records
relative
| ||||||
12 | to a driver's referral to a driver remedial or rehabilitative | ||||||
13 | program, as
required by the Secretary of State or the courts. | ||||||
14 | Such records shall only
be available for use by the Secretary, | ||||||
15 | the driver licensing administrator of any other state, law | ||||||
16 | enforcement agencies, the
courts, and the affected driver or, | ||||||
17 | upon proper verification,
such affected driver's attorney.
| ||||||
18 | (f) The Secretary of State shall also maintain or contract | ||||||
19 | to maintain
appropriate records of all photographs and | ||||||
20 | signatures obtained in the process
of issuing any driver's | ||||||
21 | license, permit, or identification card. The record
shall be | ||||||
22 | confidential and shall not be disclosed except to those | ||||||
23 | entities
listed under Section 6-110.1 of this Code and by | ||||||
24 | following the procedures in Section 6-105.1 .
| ||||||
25 | (g) The Secretary of State may establish a First Person | ||||||
26 | Consent organ and tissue donor registry in compliance with |
| |||||||
| |||||||
1 | subsection (b-1) of Section 5-20 of the Illinois Anatomical | ||||||
2 | Gift Act, as follows: | ||||||
3 | (1) The Secretary shall offer, to each applicant for | ||||||
4 | issuance or renewal of a driver's license or | ||||||
5 | identification card who is 16 years of age or older, the | ||||||
6 | opportunity to have his or her name included in the First | ||||||
7 | Person Consent organ and tissue donor registry. The | ||||||
8 | Secretary must advise the applicant or licensee that he or | ||||||
9 | she is under no compulsion to have his or her name included | ||||||
10 | in the registry. An individual who agrees to having his or | ||||||
11 | her name included in the First Person Consent organ and | ||||||
12 | tissue donor registry has given full legal consent to the | ||||||
13 | donation of any of his or her organs or tissue upon his or | ||||||
14 | her death. A brochure explaining this method of executing | ||||||
15 | an anatomical gift must be given to each applicant for | ||||||
16 | issuance or renewal of a driver's license or | ||||||
17 | identification card. The brochure must advise the | ||||||
18 | applicant or licensee (i) that he or she is under no | ||||||
19 | compulsion to have his or her name included in this | ||||||
20 | registry and (ii) that he or she may wish to consult with | ||||||
21 | family, friends, or clergy before doing so. | ||||||
22 | (2) The Secretary of State may establish additional | ||||||
23 | methods by which an individual may have his or her name | ||||||
24 | included in the First Person Consent organ and tissue | ||||||
25 | donor registry. | ||||||
26 | (3) When an individual has agreed to have his or her |
| |||||||
| |||||||
1 | name included in the First Person Consent organ and tissue | ||||||
2 | donor registry, the Secretary of State shall note that | ||||||
3 | agreement in the First Person consent organ and tissue | ||||||
4 | donor registry. Representatives of federally designated | ||||||
5 | organ procurement agencies and tissue banks and the | ||||||
6 | offices of Illinois county coroners and medical examiners | ||||||
7 | may inquire of the Secretary of State whether a potential | ||||||
8 | organ donor's name is included in the First Person Consent | ||||||
9 | organ and tissue donor registry, and the Secretary of | ||||||
10 | State may provide that information to the representative. | ||||||
11 | (4) An individual may withdraw his or her consent to | ||||||
12 | be listed in the First Person Consent organ and tissue | ||||||
13 | donor registry maintained by the Secretary of State by | ||||||
14 | notifying the Secretary of State in writing, or by any | ||||||
15 | other means approved by the Secretary, of the individual's | ||||||
16 | decision to have his or her name removed from the | ||||||
17 | registry. | ||||||
18 | (5) The Secretary of State may undertake additional | ||||||
19 | efforts, including education and awareness activities, to | ||||||
20 | promote organ and tissue donation. | ||||||
21 | (6) In the absence of gross negligence or willful | ||||||
22 | misconduct, the Secretary of State and his or her | ||||||
23 | employees are immune from any civil or criminal liability | ||||||
24 | in connection with an individual's consent to be listed in | ||||||
25 | the organ and tissue donor registry.
| ||||||
26 | (Source: P.A. 102-982, eff. 7-1-23.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-117.1) | ||||||
2 | Sec. 6-117.1. Prohibited use of driver's license | ||||||
3 | information. | ||||||
4 | (a) When information is obtained from a driver's license | ||||||
5 | to identify or prove the age of the holder of the license, or | ||||||
6 | in the course of a commercial transaction, that information | ||||||
7 | may be used only for purposes of identification of the | ||||||
8 | individual or for completing the commercial transaction in | ||||||
9 | which the information was obtained, including all subsequent | ||||||
10 | payment, processing, collection, and other related actions. | ||||||
11 | Information obtained from a driver's license may not be used | ||||||
12 | for purposes unrelated to the transaction in which it was | ||||||
13 | obtained, including, but not limited to, commercial | ||||||
14 | solicitations. Information obtained from a driver's license to | ||||||
15 | identify the holder of the license, or in the course of a | ||||||
16 | commercial transaction, may not be sold, leased, or otherwise | ||||||
17 | provided to any third party. | ||||||
18 | (b) Any individual whose driver's license information has | ||||||
19 | been used in violation of this Section has a cause of action | ||||||
20 | against the person who violated this Section. Upon a finding | ||||||
21 | that a violation did occur, the individual whose information | ||||||
22 | was used in violation of this Section is entitled to recover | ||||||
23 | actual damages, but not less than liquidated damages in the | ||||||
24 | amount of $250 for each violation, plus attorney's fees and | ||||||
25 | the costs of bringing the action. |
| |||||||
| |||||||
1 | (c) Use of information contained on a driver's license is | ||||||
2 | not a violation of this Section if (i) the individual whose | ||||||
3 | information has been used gave express permission for that use | ||||||
4 | or (ii) the information relating to the individual was | ||||||
5 | obtained from a source other than the individual's driver's | ||||||
6 | license. | ||||||
7 | (d) (Blank). This Section does not apply to any agency of | ||||||
8 | the United States, the State of Illinois, or any other state or | ||||||
9 | political subdivision thereof. | ||||||
10 | (e) This Section does not apply to the transfer of | ||||||
11 | information to a third party if (i) a federal or State law, | ||||||
12 | rule, or regulation requires that the information be | ||||||
13 | transferred to a third party after being recorded in specified | ||||||
14 | transactions or (ii) the information is transferred to a third | ||||||
15 | party for purposes of the detection or possible prosecution of | ||||||
16 | criminal offenses or fraud. If information is transferred to a | ||||||
17 | third party under this subsection (e), it may be used only for | ||||||
18 | the purposes authorized by this subsection (e).
| ||||||
19 | (f) This Section does not apply to the use of information | ||||||
20 | obtained from a driver's license which has been provided by | ||||||
21 | the holder of the license in the course of a potential or | ||||||
22 | completed employment, commercial, business or professional | ||||||
23 | transaction for the purpose of completing written documents | ||||||
24 | including, but not limited to, contracts, agreements, purchase | ||||||
25 | orders, retail installment contracts, buyer's orders, purchase | ||||||
26 | contracts, repair orders, applications, disclosure forms or |
| |||||||
| |||||||
1 | waiver forms.
| ||||||
2 | (Source: P.A. 94-892, eff. 1-1-07.)
| ||||||
3 | (625 ILCS 5/6-206)
| ||||||
4 | (Text of Section before amendment by P.A. 102-982 )
| ||||||
5 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
6 | license or
permit; right to a hearing.
| ||||||
7 | (a) The Secretary of State is authorized to suspend or | ||||||
8 | revoke the
driving privileges of any person without | ||||||
9 | preliminary hearing upon a showing
of the person's records or | ||||||
10 | other sufficient evidence that
the person:
| ||||||
11 | 1. Has committed an offense for which mandatory | ||||||
12 | revocation of
a driver's license or permit is required | ||||||
13 | upon conviction;
| ||||||
14 | 2. Has been convicted of not less than 3 offenses | ||||||
15 | against traffic
regulations governing the movement of | ||||||
16 | vehicles committed within any 12-month period. No | ||||||
17 | revocation or suspension shall be entered more than
6 | ||||||
18 | months after the date of last conviction;
| ||||||
19 | 3. Has been repeatedly involved as a driver in motor | ||||||
20 | vehicle
collisions or has been repeatedly convicted of | ||||||
21 | offenses against laws and
ordinances regulating the | ||||||
22 | movement of traffic, to a degree that
indicates lack of | ||||||
23 | ability to exercise ordinary and reasonable care in
the | ||||||
24 | safe operation of a motor vehicle or disrespect for the | ||||||
25 | traffic laws
and the safety of other persons upon the |
| |||||||
| |||||||
1 | highway;
| ||||||
2 | 4. Has by the unlawful operation of a motor vehicle | ||||||
3 | caused or
contributed to an accident resulting in injury | ||||||
4 | requiring
immediate professional treatment in a medical | ||||||
5 | facility or doctor's office
to any person, except that any | ||||||
6 | suspension or revocation imposed by the
Secretary of State | ||||||
7 | under the provisions of this subsection shall start no
| ||||||
8 | later than 6 months after being convicted of violating a | ||||||
9 | law or
ordinance regulating the movement of traffic, which | ||||||
10 | violation is related
to the accident, or shall start not | ||||||
11 | more than one year
after
the date of the accident, | ||||||
12 | whichever date occurs later;
| ||||||
13 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
14 | driver's
license, identification card, or permit;
| ||||||
15 | 6. Has been lawfully convicted of an offense or | ||||||
16 | offenses in another
state, including the authorization | ||||||
17 | contained in Section 6-203.1, which
if committed within | ||||||
18 | this State would be grounds for suspension or revocation;
| ||||||
19 | 7. Has refused or failed to submit to an examination | ||||||
20 | provided for by
Section 6-207 or has failed to pass the | ||||||
21 | examination;
| ||||||
22 | 8. Is ineligible for a driver's license or permit | ||||||
23 | under the provisions
of Section 6-103;
| ||||||
24 | 9. Has made a false statement or knowingly concealed a | ||||||
25 | material fact
or has used false information or | ||||||
26 | identification in any application for a
license, |
| |||||||
| |||||||
1 | identification card, or permit;
| ||||||
2 | 10. Has possessed, displayed, or attempted to | ||||||
3 | fraudulently use any
license, identification card, or | ||||||
4 | permit not issued to the person;
| ||||||
5 | 11. Has operated a motor vehicle upon a highway of | ||||||
6 | this State when
the person's driving privilege or | ||||||
7 | privilege to obtain a driver's license
or permit was | ||||||
8 | revoked or suspended unless the operation was authorized | ||||||
9 | by
a monitoring device driving permit, judicial driving | ||||||
10 | permit issued prior to January 1, 2009, probationary | ||||||
11 | license to drive, or restricted
driving permit issued | ||||||
12 | under this Code;
| ||||||
13 | 12. Has submitted to any portion of the application | ||||||
14 | process for
another person or has obtained the services of | ||||||
15 | another person to submit to
any portion of the application | ||||||
16 | process for the purpose of obtaining a
license, | ||||||
17 | identification card, or permit for some other person;
| ||||||
18 | 13. Has operated a motor vehicle upon a highway of | ||||||
19 | this State when
the person's driver's license or permit | ||||||
20 | was invalid under the provisions of
Sections 6-107.1 and
| ||||||
21 | 6-110;
| ||||||
22 | 14. Has committed a violation of Section 6-301, | ||||||
23 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
24 | 14B of the Illinois Identification Card
Act or a similar | ||||||
25 | offense in another state if, at the time of the offense, | ||||||
26 | the person held an Illinois driver's license or |
| |||||||
| |||||||
1 | identification card;
| ||||||
2 | 15. Has been convicted of violating Section 21-2 of | ||||||
3 | the Criminal Code
of 1961 or the Criminal Code of 2012 | ||||||
4 | relating to criminal trespass to vehicles if the person | ||||||
5 | exercised actual physical control over the vehicle during | ||||||
6 | the commission of the offense, 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 | ||||||
12 | person has not sought a hearing as
provided for in Section | ||||||
13 | 11-501.1;
| ||||||
14 | 18. (Blank);
| ||||||
15 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
16 | of Section 6-101
relating to driving without a driver's | ||||||
17 | license;
| ||||||
18 | 20. Has been convicted of violating Section 6-104 | ||||||
19 | relating to
classification of driver's license;
| ||||||
20 | 21. Has been convicted of violating Section 11-402 of
| ||||||
21 | this Code relating to leaving the scene of an accident | ||||||
22 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
23 | which case the suspension shall be
for one year;
| ||||||
24 | 22. Has used a motor vehicle in violating paragraph | ||||||
25 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
26 | the Criminal Code of 1961 or the Criminal Code of 2012 |
| |||||||
| |||||||
1 | relating
to unlawful use of weapons, in which case the | ||||||
2 | suspension shall be for one
year;
| ||||||
3 | 23. Has, as a driver, been convicted of committing a | ||||||
4 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
5 | for a second or subsequent
time within one year of a | ||||||
6 | similar violation;
| ||||||
7 | 24. Has been convicted by a court-martial or punished | ||||||
8 | by non-judicial
punishment by military authorities of the | ||||||
9 | United States at a military
installation in Illinois or in | ||||||
10 | another state of or for a traffic-related offense that is | ||||||
11 | the
same as or similar to an offense specified under | ||||||
12 | Section 6-205 or 6-206 of
this Code;
| ||||||
13 | 25. Has permitted any form of identification to be | ||||||
14 | used by another in
the application process in order to | ||||||
15 | obtain or attempt to obtain a license,
identification | ||||||
16 | card, or permit;
| ||||||
17 | 26. Has altered or attempted to alter a license or has | ||||||
18 | possessed an
altered license, identification card, or | ||||||
19 | permit;
| ||||||
20 | 27. (Blank);
| ||||||
21 | 28. Has been convicted for a first time of the illegal | ||||||
22 | possession, while operating or
in actual physical control, | ||||||
23 | as a driver, of a motor vehicle, of any
controlled | ||||||
24 | substance prohibited under the Illinois Controlled | ||||||
25 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
26 | Control
Act, or any methamphetamine prohibited under the |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act, in | ||||||
2 | which case the person's driving privileges shall be | ||||||
3 | suspended for
one year.
Any defendant found guilty of this | ||||||
4 | offense while operating a motor vehicle
shall have an | ||||||
5 | entry made in the court record by the presiding judge that
| ||||||
6 | this offense did occur while the defendant was operating a | ||||||
7 | motor vehicle
and order the clerk of the court to report | ||||||
8 | the violation to the Secretary
of State;
| ||||||
9 | 29. Has been convicted of the following offenses that | ||||||
10 | were committed
while the person was operating or in actual | ||||||
11 | physical control, as a driver,
of a motor vehicle: | ||||||
12 | criminal sexual assault,
predatory criminal sexual assault | ||||||
13 | of a child,
aggravated criminal sexual
assault, criminal | ||||||
14 | sexual abuse, aggravated criminal sexual abuse, juvenile
| ||||||
15 | pimping, soliciting for a juvenile prostitute, promoting | ||||||
16 | juvenile prostitution as described in subdivision (a)(1), | ||||||
17 | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
18 | of 1961 or the Criminal Code of 2012, and the manufacture, | ||||||
19 | sale or
delivery of controlled substances or instruments | ||||||
20 | used for illegal drug use
or abuse in which case the | ||||||
21 | driver's driving privileges shall be suspended
for one | ||||||
22 | year;
| ||||||
23 | 30. Has been convicted a second or subsequent time for | ||||||
24 | any
combination of the offenses named in paragraph 29 of | ||||||
25 | this subsection,
in which case the person's driving | ||||||
26 | privileges shall be suspended for 5
years;
|
| |||||||
| |||||||
1 | 31. Has refused to submit to a test as
required by | ||||||
2 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
3 | Registration and Safety Act or has submitted to a test | ||||||
4 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
5 | any amount of a drug, substance, or
compound resulting | ||||||
6 | from the unlawful use or consumption of cannabis as listed
| ||||||
7 | in the Cannabis Control Act, a controlled substance as | ||||||
8 | listed in the Illinois
Controlled Substances Act, an | ||||||
9 | intoxicating compound as listed in the Use of
Intoxicating | ||||||
10 | Compounds Act, or methamphetamine as listed in the | ||||||
11 | Methamphetamine Control and Community Protection Act, in | ||||||
12 | which case the penalty shall be
as prescribed in Section | ||||||
13 | 6-208.1;
| ||||||
14 | 32. Has been convicted of Section 24-1.2 of the | ||||||
15 | Criminal Code of
1961 or the Criminal Code of 2012 | ||||||
16 | relating to the aggravated discharge of a firearm if the | ||||||
17 | offender was
located in a motor vehicle at the time the | ||||||
18 | firearm was discharged, in which
case the suspension shall | ||||||
19 | be for 3 years;
| ||||||
20 | 33. Has as a driver, who was less than 21 years of age | ||||||
21 | on the date of
the offense, been convicted a first time of | ||||||
22 | a violation of paragraph (a) of
Section 11-502 of this | ||||||
23 | Code or a similar provision of a local ordinance;
| ||||||
24 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
25 | this Code or a similar provision of a local ordinance;
| ||||||
26 | 35. Has committed a violation of Section 11-1301.6 of |
| |||||||
| |||||||
1 | this Code or a similar provision of a local ordinance;
| ||||||
2 | 36. Is under the age of 21 years at the time of arrest | ||||||
3 | and has been
convicted of not less than 2 offenses against | ||||||
4 | traffic regulations governing
the movement of vehicles | ||||||
5 | committed within any 24-month period. No revocation
or | ||||||
6 | suspension shall be entered more than 6 months after the | ||||||
7 | date of last
conviction;
| ||||||
8 | 37. Has committed a violation of subsection (c) of | ||||||
9 | Section 11-907 of this
Code that resulted in damage to the | ||||||
10 | property of another or the death or injury of another;
| ||||||
11 | 38. Has been convicted of a violation of Section 6-20 | ||||||
12 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
13 | a local ordinance and the person was an occupant of a motor | ||||||
14 | vehicle at the time of the violation;
| ||||||
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 | ||||||
2 | for a violation of subsection (a), (d), or (e) of Section | ||||||
3 | 6-20 of the Liquor
Control Act of 1934 or a similar | ||||||
4 | provision of a local ordinance and the person was an | ||||||
5 | occupant of a motor vehicle at the time of the violation, | ||||||
6 | in which case the suspension shall be for a period of 3 | ||||||
7 | months;
| ||||||
8 | 44.
Is under the age of 21 years at the time of arrest | ||||||
9 | and has been convicted of an offense against traffic | ||||||
10 | regulations governing the movement of vehicles after | ||||||
11 | having previously had his or her driving privileges
| ||||||
12 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
13 | Section; | ||||||
14 | 45.
Has, in connection with or during the course of a | ||||||
15 | formal hearing conducted under Section 2-118 of this Code: | ||||||
16 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
17 | falsified documents; (iii) submitted documents that have | ||||||
18 | been materially altered; or (iv) submitted, as his or her | ||||||
19 | own, documents that were in fact prepared or composed for | ||||||
20 | another person; | ||||||
21 | 46. Has committed a violation of subsection (j) of | ||||||
22 | Section 3-413 of this Code;
| ||||||
23 | 47. Has committed a violation of subsection (a) of | ||||||
24 | Section 11-502.1 of this Code; | ||||||
25 | 48. Has submitted a falsified or altered medical | ||||||
26 | examiner's certificate to the Secretary of State or |
| |||||||
| |||||||
1 | provided false information to obtain a medical examiner's | ||||||
2 | certificate; | ||||||
3 | 49. Has been convicted of a violation of Section | ||||||
4 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
5 | another, in which case the driving privileges of the | ||||||
6 | person shall be suspended for 12 months; | ||||||
7 | 50. Has committed a violation of subsection (b-5) of | ||||||
8 | Section 12-610.2 that resulted in great bodily harm, | ||||||
9 | permanent disability, or disfigurement, in which case the | ||||||
10 | driving privileges of the person shall be suspended for 12 | ||||||
11 | months; | ||||||
12 | 51. Has committed a violation of Section 10-15 Of the | ||||||
13 | Cannabis Regulation and Tax Act or a similar provision of | ||||||
14 | a local ordinance while in a motor vehicle; or | ||||||
15 | 52. Has committed a violation of subsection (b) of | ||||||
16 | Section 10-20 of the Cannabis Regulation and Tax Act or a | ||||||
17 | similar provision of a local ordinance. | ||||||
18 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
19 | and 27 of this
subsection, license means any driver's license, | ||||||
20 | any traffic ticket issued when
the person's driver's license | ||||||
21 | is deposited in lieu of bail, a suspension
notice issued by the | ||||||
22 | Secretary of State, a duplicate or corrected driver's
license | ||||||
23 | or , a probationary driver's license , or a temporary driver's | ||||||
24 | license . | ||||||
25 | (b) If any conviction forming the basis of a suspension or
| ||||||
26 | revocation authorized under this Section is appealed, the
|
| |||||||
| |||||||
1 | Secretary of State may rescind or withhold the entry of the | ||||||
2 | order of suspension
or revocation, as the case may be, | ||||||
3 | provided that a certified copy of a stay
order of a court is | ||||||
4 | filed with the Secretary of State. If the conviction is
| ||||||
5 | affirmed on appeal, the date of the conviction shall relate | ||||||
6 | back to the time
the original judgment of conviction was | ||||||
7 | entered and the 6-month limitation
prescribed shall not apply.
| ||||||
8 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
9 | permit of
any person as authorized in this Section, the | ||||||
10 | Secretary of State shall
immediately notify the person in | ||||||
11 | writing of the revocation or suspension.
The notice to be | ||||||
12 | deposited in the United States mail, postage prepaid,
to the | ||||||
13 | last known address of the person.
| ||||||
14 | 2. If the Secretary of State suspends the driver's license
| ||||||
15 | of a person under subsection 2 of paragraph (a) of this | ||||||
16 | Section, a
person's privilege to operate a vehicle as an | ||||||
17 | occupation shall not be
suspended, provided an affidavit is | ||||||
18 | properly completed, the appropriate fee
received, and a permit | ||||||
19 | issued prior to the effective date of the
suspension, unless 5 | ||||||
20 | offenses were committed, at least 2 of which occurred
while | ||||||
21 | operating a commercial vehicle in connection with the driver's
| ||||||
22 | regular occupation. All other driving privileges shall be | ||||||
23 | suspended by the
Secretary of State. Any driver prior to | ||||||
24 | operating a vehicle for
occupational purposes only must submit | ||||||
25 | the affidavit on forms to be
provided by the Secretary of State | ||||||
26 | setting forth the facts of the person's
occupation. The |
| |||||||
| |||||||
1 | affidavit shall also state the number of offenses
committed | ||||||
2 | while operating a vehicle in connection with the driver's | ||||||
3 | regular
occupation. The affidavit shall be accompanied by the | ||||||
4 | driver's license.
Upon receipt of a properly completed | ||||||
5 | affidavit, the Secretary of State
shall issue the driver a | ||||||
6 | permit to operate a vehicle in connection with the
driver's | ||||||
7 | regular occupation only. Unless the permit is issued by the
| ||||||
8 | Secretary of State prior to the date of suspension, the | ||||||
9 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
10 | forth in the notice that was
mailed under this Section. If an | ||||||
11 | affidavit is received subsequent to the
effective date of this | ||||||
12 | suspension, a permit may be issued for the remainder
of the | ||||||
13 | suspension period.
| ||||||
14 | The provisions of this subparagraph shall not apply to any | ||||||
15 | driver
required to possess a CDL for the purpose of operating a | ||||||
16 | commercial motor vehicle.
| ||||||
17 | Any person who falsely states any fact in the affidavit | ||||||
18 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
19 | and upon conviction
thereof shall have all driving privileges | ||||||
20 | revoked without further rights.
| ||||||
21 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
22 | this Code,
the Secretary of State shall either rescind or | ||||||
23 | continue an order of
revocation or shall substitute an order | ||||||
24 | of suspension; or, good
cause appearing therefor, rescind, | ||||||
25 | continue, change, or extend the
order of suspension. If the | ||||||
26 | Secretary of State does not rescind the order,
the Secretary |
| |||||||
| |||||||
1 | may upon application,
to relieve undue hardship (as defined by | ||||||
2 | the rules of the Secretary of State), issue
a restricted | ||||||
3 | driving permit granting the privilege of driving a motor
| ||||||
4 | vehicle between the petitioner's residence and petitioner's | ||||||
5 | place of
employment or within the scope of the petitioner's | ||||||
6 | employment-related duties, or to
allow the petitioner to | ||||||
7 | transport himself or herself, or a family member of the
| ||||||
8 | petitioner's household to a medical facility, to receive | ||||||
9 | necessary medical care, to allow the petitioner to transport | ||||||
10 | himself or herself to and from alcohol or drug
remedial or | ||||||
11 | rehabilitative activity recommended by a licensed service | ||||||
12 | provider, or to allow the petitioner to transport himself or | ||||||
13 | herself or a family member of the petitioner's household to | ||||||
14 | classes, as a student, at an accredited educational | ||||||
15 | institution, or to allow the petitioner to transport children, | ||||||
16 | elderly persons, or persons with disabilities who do not hold | ||||||
17 | driving privileges and are living in the petitioner's | ||||||
18 | household to and from daycare. The
petitioner must demonstrate | ||||||
19 | that no alternative means of
transportation is reasonably | ||||||
20 | available and that the petitioner will not endanger
the public | ||||||
21 | safety or welfare.
| ||||||
22 | (A) If a person's license or permit is revoked or | ||||||
23 | suspended due to 2
or more convictions of violating | ||||||
24 | Section 11-501 of this Code or a similar
provision of a | ||||||
25 | local ordinance or a similar out-of-state offense, or | ||||||
26 | Section 9-3 of the Criminal Code of 1961 or the Criminal |
| |||||||
| |||||||
1 | Code of 2012, where the use of alcohol or other drugs is | ||||||
2 | recited as an element of the offense, or a similar | ||||||
3 | out-of-state offense, or a combination of these offenses, | ||||||
4 | arising out
of separate occurrences, that person, if | ||||||
5 | issued a restricted driving permit,
may not operate a | ||||||
6 | vehicle unless it has been equipped with an ignition
| ||||||
7 | interlock device as defined in Section 1-129.1.
| ||||||
8 | (B) If a person's license or permit is revoked or | ||||||
9 | suspended 2 or more
times due to any combination of: | ||||||
10 | (i) a single conviction of violating Section
| ||||||
11 | 11-501 of this Code or a similar provision of a local | ||||||
12 | ordinance or a similar
out-of-state offense or Section | ||||||
13 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
14 | of 2012, where the use of alcohol or other drugs is | ||||||
15 | recited as an element of the offense, or a similar | ||||||
16 | out-of-state offense; or | ||||||
17 | (ii) a statutory summary suspension or revocation | ||||||
18 | under Section
11-501.1; or | ||||||
19 | (iii) a suspension under Section 6-203.1; | ||||||
20 | arising out of
separate occurrences; that person, if | ||||||
21 | issued a restricted driving permit, may
not operate a | ||||||
22 | vehicle unless it has been
equipped with an ignition | ||||||
23 | interlock device as defined in Section 1-129.1. | ||||||
24 | (B-5) If a person's license or permit is revoked or | ||||||
25 | suspended due to a conviction for a violation of | ||||||
26 | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
| |||||||
| |||||||
1 | of Section 11-501 of this Code, or a similar provision of a | ||||||
2 | local ordinance or similar out-of-state offense, that | ||||||
3 | person, if issued a restricted driving permit, may not | ||||||
4 | operate a vehicle unless it has been equipped with an | ||||||
5 | ignition interlock device as defined in Section 1-129.1. | ||||||
6 | (C)
The person issued a permit conditioned upon the | ||||||
7 | use of an ignition interlock device must pay to the | ||||||
8 | Secretary of State DUI Administration Fund an amount
not | ||||||
9 | to exceed $30 per month. The Secretary shall establish by | ||||||
10 | rule the amount
and the procedures, terms, and conditions | ||||||
11 | relating to these fees. | ||||||
12 | (D) If the
restricted driving permit is issued for | ||||||
13 | employment purposes, then the prohibition against | ||||||
14 | operating a motor vehicle that is not equipped with an | ||||||
15 | ignition interlock device does not apply to the operation | ||||||
16 | of an occupational vehicle owned or
leased by that | ||||||
17 | person's employer when used solely for employment | ||||||
18 | purposes. For any person who, within a 5-year period, is | ||||||
19 | convicted of a second or subsequent offense under Section | ||||||
20 | 11-501 of this Code, or a similar provision of a local | ||||||
21 | ordinance or similar out-of-state offense, this employment | ||||||
22 | exemption does not apply until either a one-year period | ||||||
23 | has elapsed during which that person had his or her | ||||||
24 | driving privileges revoked or a one-year period has | ||||||
25 | elapsed during which that person had a restricted driving | ||||||
26 | permit which required the use of an ignition interlock |
| |||||||
| |||||||
1 | device on every motor vehicle owned or operated by that | ||||||
2 | person. | ||||||
3 | (E) In each case the Secretary may issue a
restricted | ||||||
4 | driving permit for a period deemed appropriate, except | ||||||
5 | that all
permits shall expire no later than 2 years from | ||||||
6 | the date of issuance. A
restricted driving permit issued | ||||||
7 | under this Section shall be subject to
cancellation, | ||||||
8 | revocation, and suspension by the Secretary of State in | ||||||
9 | like
manner and for like cause as a driver's license | ||||||
10 | issued under this Code may be
cancelled, revoked, or | ||||||
11 | suspended; except that a conviction upon one or more
| ||||||
12 | offenses against laws or ordinances regulating the | ||||||
13 | movement of traffic
shall be deemed sufficient cause for | ||||||
14 | the revocation, suspension, or
cancellation of a | ||||||
15 | restricted driving permit. The Secretary of State may, as
| ||||||
16 | a condition to the issuance of a restricted driving | ||||||
17 | permit, require the
applicant to participate in a | ||||||
18 | designated driver remedial or rehabilitative
program. The | ||||||
19 | Secretary of State is authorized to cancel a restricted
| ||||||
20 | driving permit if the permit holder does not successfully | ||||||
21 | complete the program.
| ||||||
22 | (F) A person subject to the provisions of paragraph 4 | ||||||
23 | of subsection (b) of Section 6-208 of this Code may make | ||||||
24 | application for a restricted driving permit at a hearing | ||||||
25 | conducted under Section 2-118 of this Code after the | ||||||
26 | expiration of 5 years from the effective date of the most |
| |||||||
| |||||||
1 | recent revocation or after 5 years from the date of | ||||||
2 | release from a period of imprisonment resulting from a | ||||||
3 | conviction of the most recent offense, whichever is later, | ||||||
4 | provided the person, in addition to all other requirements | ||||||
5 | of the Secretary, shows by clear and convincing evidence: | ||||||
6 | (i) a minimum of 3 years of uninterrupted | ||||||
7 | abstinence from alcohol and the unlawful use or | ||||||
8 | consumption of cannabis under the Cannabis Control | ||||||
9 | Act, a controlled substance under the Illinois | ||||||
10 | Controlled Substances Act, an intoxicating compound | ||||||
11 | under the Use of Intoxicating Compounds Act, or | ||||||
12 | methamphetamine under the Methamphetamine Control and | ||||||
13 | Community Protection Act; and | ||||||
14 | (ii) the successful completion of any | ||||||
15 | rehabilitative treatment and involvement in any | ||||||
16 | ongoing rehabilitative activity that may be | ||||||
17 | recommended by a properly licensed service provider | ||||||
18 | according to an assessment of the person's alcohol or | ||||||
19 | drug use under Section 11-501.01 of this Code. | ||||||
20 | In determining whether an applicant is eligible for a | ||||||
21 | restricted driving permit under this subparagraph (F), the | ||||||
22 | Secretary may consider any relevant evidence, including, | ||||||
23 | but not limited to, testimony, affidavits, records, and | ||||||
24 | the results of regular alcohol or drug tests. Persons | ||||||
25 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
26 | of Section 6-208 of this Code and who have been convicted |
| |||||||
| |||||||
1 | of more than one violation of paragraph (3), paragraph | ||||||
2 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
3 | of this Code shall not be eligible to apply for a | ||||||
4 | restricted driving permit under this subparagraph (F). | ||||||
5 | A restricted driving permit issued under this | ||||||
6 | subparagraph (F) shall provide that the holder may only | ||||||
7 | operate motor vehicles equipped with an ignition interlock | ||||||
8 | device as required under paragraph (2) of subsection (c) | ||||||
9 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
10 | paragraph 3 of subsection (c) of this Section. The | ||||||
11 | Secretary may revoke a restricted driving permit or amend | ||||||
12 | the conditions of a restricted driving permit issued under | ||||||
13 | this subparagraph (F) if the holder operates a vehicle | ||||||
14 | that is not equipped with an ignition interlock device, or | ||||||
15 | for any other reason authorized under this Code. | ||||||
16 | A restricted driving permit issued under this | ||||||
17 | subparagraph (F) shall be revoked, and the holder barred | ||||||
18 | from applying for or being issued a restricted driving | ||||||
19 | permit in the future, if the holder is convicted of a | ||||||
20 | violation of Section 11-501 of this Code, a similar | ||||||
21 | provision of a local ordinance, or a similar offense in | ||||||
22 | another state. | ||||||
23 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
24 | subsection (a), reports received by the Secretary of State | ||||||
25 | under this Section shall, except during the actual time the | ||||||
26 | suspension is in effect, be privileged information and for use |
| |||||||
| |||||||
1 | only by the courts, police officers, prosecuting authorities, | ||||||
2 | the driver licensing administrator of any other state, the | ||||||
3 | Secretary of State, or the parent or legal guardian of a driver | ||||||
4 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
5 | person is a CDL holder, the suspension shall also be made | ||||||
6 | available to the driver licensing administrator of any other | ||||||
7 | state, the U.S. Department of Transportation, and the affected | ||||||
8 | driver or motor
carrier or prospective motor carrier upon | ||||||
9 | request.
| ||||||
10 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
11 | subsection (a), the Secretary of State shall notify the person | ||||||
12 | by mail that his or her driving privileges and driver's | ||||||
13 | license will be suspended one month after the date of the | ||||||
14 | mailing of the notice.
| ||||||
15 | (c-5) The Secretary of State may, as a condition of the | ||||||
16 | reissuance of a
driver's license or permit to an applicant | ||||||
17 | whose driver's license or permit has
been suspended before he | ||||||
18 | or she reached the age of 21 years pursuant to any of
the | ||||||
19 | provisions of this Section, require the applicant to | ||||||
20 | participate in a
driver remedial education course and be | ||||||
21 | retested under Section 6-109 of this
Code.
| ||||||
22 | (d) This Section is subject to the provisions of the | ||||||
23 | Driver License
Compact.
| ||||||
24 | (e) The Secretary of State shall not issue a restricted | ||||||
25 | driving permit to
a person under the age of 16 years whose | ||||||
26 | driving privileges have been suspended
or revoked under any |
| |||||||
| |||||||
1 | provisions of this Code.
| ||||||
2 | (f) In accordance with 49 CFR 384, the Secretary of State | ||||||
3 | may not issue a restricted driving permit for the operation of | ||||||
4 | a commercial motor vehicle to a person holding a CDL whose | ||||||
5 | driving privileges have been suspended, revoked, cancelled, or | ||||||
6 | disqualified under any provisions of this Code. | ||||||
7 | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; | ||||||
8 | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. | ||||||
9 | 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, | ||||||
10 | eff. 5-13-22; revised 12-14-22.)
| ||||||
11 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
12 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
13 | license or
permit; right to a hearing.
| ||||||
14 | (a) The Secretary of State is authorized to suspend or | ||||||
15 | revoke the
driving privileges of any person without | ||||||
16 | preliminary hearing upon a showing
of the person's records or | ||||||
17 | other sufficient evidence that
the person:
| ||||||
18 | 1. Has committed an offense for which mandatory | ||||||
19 | revocation of
a driver's license or permit is required | ||||||
20 | upon conviction;
| ||||||
21 | 2. Has been convicted of not less than 3 offenses | ||||||
22 | against traffic
regulations governing the movement of | ||||||
23 | vehicles committed within any 12-month period. No | ||||||
24 | revocation or suspension shall be entered more than
6 | ||||||
25 | months after the date of last conviction;
|
| |||||||
| |||||||
1 | 3. Has been repeatedly involved as a driver in motor | ||||||
2 | vehicle
collisions or has been repeatedly convicted of | ||||||
3 | offenses against laws and
ordinances regulating the | ||||||
4 | movement of traffic, to a degree that
indicates lack of | ||||||
5 | ability to exercise ordinary and reasonable care in
the | ||||||
6 | safe operation of a motor vehicle or disrespect for the | ||||||
7 | traffic laws
and the safety of other persons upon the | ||||||
8 | highway;
| ||||||
9 | 4. Has by the unlawful operation of a motor vehicle | ||||||
10 | caused or
contributed to a crash resulting in injury | ||||||
11 | requiring
immediate professional treatment in a medical | ||||||
12 | facility or doctor's office
to any person, except that any | ||||||
13 | suspension or revocation imposed by the
Secretary of State | ||||||
14 | under the provisions of this subsection shall start no
| ||||||
15 | later than 6 months after being convicted of violating a | ||||||
16 | law or
ordinance regulating the movement of traffic, which | ||||||
17 | violation is related
to the crash, or shall start not more | ||||||
18 | than one year
after
the date of the crash, whichever date | ||||||
19 | occurs later;
| ||||||
20 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
21 | driver's
license, identification card, or permit;
| ||||||
22 | 6. Has been lawfully convicted of an offense or | ||||||
23 | offenses in another
state, including the authorization | ||||||
24 | contained in Section 6-203.1, which
if committed within | ||||||
25 | this State would be grounds for suspension or revocation;
| ||||||
26 | 7. Has refused or failed to submit to an examination |
| |||||||
| |||||||
1 | provided for by
Section 6-207 or has failed to pass the | ||||||
2 | examination;
| ||||||
3 | 8. Is ineligible for a driver's license or permit | ||||||
4 | under the provisions
of Section 6-103;
| ||||||
5 | 9. Has made a false statement or knowingly concealed a | ||||||
6 | material fact
or has used false information or | ||||||
7 | identification in any application for a
license, | ||||||
8 | identification card, or permit;
| ||||||
9 | 10. Has possessed, displayed, or attempted to | ||||||
10 | fraudulently use any
license, identification card, or | ||||||
11 | permit not issued to the person;
| ||||||
12 | 11. Has operated a motor vehicle upon a highway of | ||||||
13 | this State when
the person's driving privilege or | ||||||
14 | privilege to obtain a driver's license
or permit was | ||||||
15 | revoked or suspended unless the operation was authorized | ||||||
16 | by
a monitoring device driving permit, judicial driving | ||||||
17 | permit issued prior to January 1, 2009, probationary | ||||||
18 | license to drive, or restricted
driving permit issued | ||||||
19 | under this Code;
| ||||||
20 | 12. Has submitted to any portion of the application | ||||||
21 | process for
another person or has obtained the services of | ||||||
22 | another person to submit to
any portion of the application | ||||||
23 | process for the purpose of obtaining a
license, | ||||||
24 | identification card, or permit for some other person;
| ||||||
25 | 13. Has operated a motor vehicle upon a highway of | ||||||
26 | this State when
the person's driver's license or permit |
| |||||||
| |||||||
1 | was invalid under the provisions of
Sections 6-107.1 and
| ||||||
2 | 6-110;
| ||||||
3 | 14. Has committed a violation of Section 6-301, | ||||||
4 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
5 | 14B of the Illinois Identification Card
Act or a similar | ||||||
6 | offense in another state if, at the time of the offense, | ||||||
7 | the person held an Illinois driver's license or | ||||||
8 | identification card;
| ||||||
9 | 15. Has been convicted of violating Section 21-2 of | ||||||
10 | the Criminal Code
of 1961 or the Criminal Code of 2012 | ||||||
11 | relating to criminal trespass to vehicles if the person | ||||||
12 | exercised actual physical control over the vehicle during | ||||||
13 | the commission of the offense, in which case the | ||||||
14 | suspension
shall be for one year;
| ||||||
15 | 16. Has been convicted of violating Section 11-204 of | ||||||
16 | this Code relating
to fleeing from a peace officer;
| ||||||
17 | 17. Has refused to submit to a test, or tests, as | ||||||
18 | required under Section
11-501.1 of this Code and the | ||||||
19 | person has not sought a hearing as
provided for in Section | ||||||
20 | 11-501.1;
| ||||||
21 | 18. (Blank);
| ||||||
22 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
23 | of Section 6-101
relating to driving without a driver's | ||||||
24 | license;
| ||||||
25 | 20. Has been convicted of violating Section 6-104 | ||||||
26 | relating to
classification of driver's license;
|
| |||||||
| |||||||
1 | 21. Has been convicted of violating Section 11-402 of
| ||||||
2 | this Code relating to leaving the scene of a crash | ||||||
3 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
4 | which case the suspension shall be
for one year;
| ||||||
5 | 22. Has used a motor vehicle in violating paragraph | ||||||
6 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
7 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
8 | relating
to unlawful use of weapons, in which case the | ||||||
9 | suspension shall be for one
year;
| ||||||
10 | 23. Has, as a driver, been convicted of committing a | ||||||
11 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
12 | for a second or subsequent
time within one year of a | ||||||
13 | similar violation;
| ||||||
14 | 24. Has been convicted by a court-martial or punished | ||||||
15 | by non-judicial
punishment by military authorities of the | ||||||
16 | United States at a military
installation in Illinois or in | ||||||
17 | another state of or for a traffic-related offense that is | ||||||
18 | the
same as or similar to an offense specified under | ||||||
19 | Section 6-205 or 6-206 of
this Code;
| ||||||
20 | 25. Has permitted any form of identification to be | ||||||
21 | used by another in
the application process in order to | ||||||
22 | obtain or attempt to obtain a license,
identification | ||||||
23 | card, or permit;
| ||||||
24 | 26. Has altered or attempted to alter a license or has | ||||||
25 | possessed an
altered license, identification card, or | ||||||
26 | permit;
|
| |||||||
| |||||||
1 | 27. (Blank);
| ||||||
2 | 28. Has been convicted for a first time of the illegal | ||||||
3 | possession, while operating or
in actual physical control, | ||||||
4 | as a driver, of a motor vehicle, of any
controlled | ||||||
5 | substance prohibited under the Illinois Controlled | ||||||
6 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
7 | Control
Act, or any methamphetamine prohibited under the | ||||||
8 | Methamphetamine Control and Community Protection Act, in | ||||||
9 | which case the person's driving privileges shall be | ||||||
10 | suspended for
one year.
Any defendant found guilty of this | ||||||
11 | offense while operating a motor vehicle
shall have an | ||||||
12 | entry made in the court record by the presiding judge that
| ||||||
13 | this offense did occur while the defendant was operating a | ||||||
14 | motor vehicle
and order the clerk of the court to report | ||||||
15 | the violation to the Secretary
of State;
| ||||||
16 | 29. Has been convicted of the following offenses that | ||||||
17 | were committed
while the person was operating or in actual | ||||||
18 | physical control, as a driver,
of a motor vehicle: | ||||||
19 | criminal sexual assault,
predatory criminal sexual assault | ||||||
20 | of a child,
aggravated criminal sexual
assault, criminal | ||||||
21 | sexual abuse, aggravated criminal sexual abuse, juvenile
| ||||||
22 | pimping, soliciting for a juvenile prostitute, promoting | ||||||
23 | juvenile prostitution as described in subdivision (a)(1), | ||||||
24 | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
25 | of 1961 or the Criminal Code of 2012, and the manufacture, | ||||||
26 | sale or
delivery of controlled substances or instruments |
| |||||||
| |||||||
1 | used for illegal drug use
or abuse in which case the | ||||||
2 | driver's driving privileges shall be suspended
for one | ||||||
3 | year;
| ||||||
4 | 30. Has been convicted a second or subsequent time for | ||||||
5 | any
combination of the offenses named in paragraph 29 of | ||||||
6 | this subsection,
in which case the person's driving | ||||||
7 | privileges shall be suspended for 5
years;
| ||||||
8 | 31. Has refused to submit to a test as
required by | ||||||
9 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
10 | Registration and Safety Act or has submitted to a test | ||||||
11 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
12 | any amount of a drug, substance, or
compound resulting | ||||||
13 | from the unlawful use or consumption of cannabis as listed
| ||||||
14 | in the Cannabis Control Act, a controlled substance as | ||||||
15 | listed in the Illinois
Controlled Substances Act, an | ||||||
16 | intoxicating compound as listed in the Use of
Intoxicating | ||||||
17 | Compounds Act, or methamphetamine as listed in the | ||||||
18 | Methamphetamine Control and Community Protection Act, in | ||||||
19 | which case the penalty shall be
as prescribed in Section | ||||||
20 | 6-208.1;
| ||||||
21 | 32. Has been convicted of Section 24-1.2 of the | ||||||
22 | Criminal Code of
1961 or the Criminal Code of 2012 | ||||||
23 | relating to the aggravated discharge of a firearm if the | ||||||
24 | offender was
located in a motor vehicle at the time the | ||||||
25 | firearm was discharged, in which
case the suspension shall | ||||||
26 | be for 3 years;
|
| |||||||
| |||||||
1 | 33. Has as a driver, who was less than 21 years of age | ||||||
2 | on the date of
the offense, been convicted a first time of | ||||||
3 | a violation of paragraph (a) of
Section 11-502 of this | ||||||
4 | Code or a similar provision of a local ordinance;
| ||||||
5 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
6 | this Code or a similar provision of a local ordinance;
| ||||||
7 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
8 | this Code or a similar provision of a local ordinance;
| ||||||
9 | 36. Is under the age of 21 years at the time of arrest | ||||||
10 | and has been
convicted of not less than 2 offenses against | ||||||
11 | traffic regulations governing
the movement of vehicles | ||||||
12 | committed within any 24-month period. No revocation
or | ||||||
13 | suspension shall be entered more than 6 months after the | ||||||
14 | date of last
conviction;
| ||||||
15 | 37. Has committed a violation of subsection (c) of | ||||||
16 | Section 11-907 of this
Code that resulted in damage to the | ||||||
17 | property of another or the death or injury of another;
| ||||||
18 | 38. Has been convicted of a violation of Section 6-20 | ||||||
19 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
20 | a local ordinance and the person was an occupant of a motor | ||||||
21 | vehicle at the time of the violation;
| ||||||
22 | 39. Has committed a second or subsequent violation of | ||||||
23 | Section
11-1201 of this Code;
| ||||||
24 | 40. Has committed a violation of subsection (a-1) of | ||||||
25 | Section 11-908 of
this Code; | ||||||
26 | 41. Has committed a second or subsequent violation of |
| |||||||
| |||||||
1 | Section 11-605.1 of this Code, a similar provision of a | ||||||
2 | local ordinance, or a similar violation in any other state | ||||||
3 | within 2 years of the date of the previous violation, in | ||||||
4 | which case the suspension shall be for 90 days; | ||||||
5 | 42. Has committed a violation of subsection (a-1) of | ||||||
6 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
7 | local ordinance;
| ||||||
8 | 43. Has received a disposition of court supervision | ||||||
9 | for a violation of subsection (a), (d), or (e) of Section | ||||||
10 | 6-20 of the Liquor
Control Act of 1934 or a similar | ||||||
11 | provision of a local ordinance and the person was an | ||||||
12 | occupant of a motor vehicle at the time of the violation, | ||||||
13 | in which case the suspension shall be for a period of 3 | ||||||
14 | months;
| ||||||
15 | 44.
Is under the age of 21 years at the time of arrest | ||||||
16 | and has been convicted of an offense against traffic | ||||||
17 | regulations governing the movement of vehicles after | ||||||
18 | having previously had his or her driving privileges
| ||||||
19 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
20 | Section; | ||||||
21 | 45.
Has, in connection with or during the course of a | ||||||
22 | formal hearing conducted under Section 2-118 of this Code: | ||||||
23 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
24 | falsified documents; (iii) submitted documents that have | ||||||
25 | been materially altered; or (iv) submitted, as his or her | ||||||
26 | own, documents that were in fact prepared or composed for |
| |||||||
| |||||||
1 | another person; | ||||||
2 | 46. Has committed a violation of subsection (j) of | ||||||
3 | Section 3-413 of this Code;
| ||||||
4 | 47. Has committed a violation of subsection (a) of | ||||||
5 | Section 11-502.1 of this Code; | ||||||
6 | 48. Has submitted a falsified or altered medical | ||||||
7 | examiner's certificate to the Secretary of State or | ||||||
8 | provided false information to obtain a medical examiner's | ||||||
9 | certificate; | ||||||
10 | 49. Has been convicted of a violation of Section | ||||||
11 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
12 | another, in which case the driving privileges of the | ||||||
13 | person shall be suspended for 12 months; | ||||||
14 | 50. Has committed a violation of subsection (b-5) of | ||||||
15 | Section 12-610.2 that resulted in great bodily harm, | ||||||
16 | permanent disability, or disfigurement, in which case the | ||||||
17 | driving privileges of the person shall be suspended for 12 | ||||||
18 | months; | ||||||
19 | 51. Has committed a violation of Section 10-15 Of the | ||||||
20 | Cannabis Regulation and Tax Act or a similar provision of | ||||||
21 | a local ordinance while in a motor vehicle; or | ||||||
22 | 52. Has committed a violation of subsection (b) of | ||||||
23 | Section 10-20 of the Cannabis Regulation and Tax Act or a | ||||||
24 | similar provision of a local ordinance. | ||||||
25 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
26 | and 27 of this
subsection, license means any driver's license, |
| |||||||
| |||||||
1 | any traffic ticket issued when
the person's driver's license | ||||||
2 | is deposited in lieu of bail, a suspension
notice issued by the | ||||||
3 | Secretary of State, a duplicate or corrected driver's
license | ||||||
4 | or , a probationary driver's license , or a temporary driver's | ||||||
5 | license . | ||||||
6 | (b) If any conviction forming the basis of a suspension or
| ||||||
7 | revocation authorized under this Section is appealed, the
| ||||||
8 | Secretary of State may rescind or withhold the entry of the | ||||||
9 | order of suspension
or revocation, as the case may be, | ||||||
10 | provided that a certified copy of a stay
order of a court is | ||||||
11 | filed with the Secretary of State. If the conviction is
| ||||||
12 | affirmed on appeal, the date of the conviction shall relate | ||||||
13 | back to the time
the original judgment of conviction was | ||||||
14 | entered and the 6-month limitation
prescribed shall not apply.
| ||||||
15 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
16 | permit of
any person as authorized in this Section, the | ||||||
17 | Secretary of State shall
immediately notify the person in | ||||||
18 | writing of the revocation or suspension.
The notice to be | ||||||
19 | deposited in the United States mail, postage prepaid,
to the | ||||||
20 | last known address of the person.
| ||||||
21 | 2. If the Secretary of State suspends the driver's license
| ||||||
22 | of a person under subsection 2 of paragraph (a) of this | ||||||
23 | Section, a
person's privilege to operate a vehicle as an | ||||||
24 | occupation shall not be
suspended, provided an affidavit is | ||||||
25 | properly completed, the appropriate fee
received, and a permit | ||||||
26 | issued prior to the effective date of the
suspension, unless 5 |
| |||||||
| |||||||
1 | offenses were committed, at least 2 of which occurred
while | ||||||
2 | operating a commercial vehicle in connection with the driver's
| ||||||
3 | regular occupation. All other driving privileges shall be | ||||||
4 | suspended by the
Secretary of State. Any driver prior to | ||||||
5 | operating a vehicle for
occupational purposes only must submit | ||||||
6 | the affidavit on forms to be
provided by the Secretary of State | ||||||
7 | setting forth the facts of the person's
occupation. The | ||||||
8 | affidavit shall also state the number of offenses
committed | ||||||
9 | while operating a vehicle in connection with the driver's | ||||||
10 | regular
occupation. The affidavit shall be accompanied by the | ||||||
11 | driver's license.
Upon receipt of a properly completed | ||||||
12 | affidavit, the Secretary of State
shall issue the driver a | ||||||
13 | permit to operate a vehicle in connection with the
driver's | ||||||
14 | regular occupation only. Unless the permit is issued by the
| ||||||
15 | Secretary of State prior to the date of suspension, the | ||||||
16 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
17 | forth in the notice that was
mailed under this Section. If an | ||||||
18 | affidavit is received subsequent to the
effective date of this | ||||||
19 | suspension, a permit may be issued for the remainder
of the | ||||||
20 | suspension period.
| ||||||
21 | The provisions of this subparagraph shall not apply to any | ||||||
22 | driver
required to possess a CDL for the purpose of operating a | ||||||
23 | commercial motor vehicle.
| ||||||
24 | Any person who falsely states any fact in the affidavit | ||||||
25 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
26 | and upon conviction
thereof shall have all driving privileges |
| |||||||
| |||||||
1 | revoked without further rights.
| ||||||
2 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
3 | this Code,
the Secretary of State shall either rescind or | ||||||
4 | continue an order of
revocation or shall substitute an order | ||||||
5 | of suspension; or, good
cause appearing therefor, rescind, | ||||||
6 | continue, change, or extend the
order of suspension. If the | ||||||
7 | Secretary of State does not rescind the order,
the Secretary | ||||||
8 | may upon application,
to relieve undue hardship (as defined by | ||||||
9 | the rules of the Secretary of State), issue
a restricted | ||||||
10 | driving permit granting the privilege of driving a motor
| ||||||
11 | vehicle between the petitioner's residence and petitioner's | ||||||
12 | place of
employment or within the scope of the petitioner's | ||||||
13 | employment-related duties, or to
allow the petitioner to | ||||||
14 | transport himself or herself, or a family member of the
| ||||||
15 | petitioner's household to a medical facility, to receive | ||||||
16 | necessary medical care, to allow the petitioner to transport | ||||||
17 | himself or herself to and from alcohol or drug
remedial or | ||||||
18 | rehabilitative activity recommended by a licensed service | ||||||
19 | provider, or to allow the petitioner to transport himself or | ||||||
20 | herself or a family member of the petitioner's household to | ||||||
21 | classes, as a student, at an accredited educational | ||||||
22 | institution, or to allow the petitioner to transport children, | ||||||
23 | elderly persons, or persons with disabilities who do not hold | ||||||
24 | driving privileges and are living in the petitioner's | ||||||
25 | household to and from daycare. The
petitioner must demonstrate | ||||||
26 | that no alternative means of
transportation is reasonably |
| |||||||
| |||||||
1 | available and that the petitioner will not endanger
the public | ||||||
2 | safety or welfare.
| ||||||
3 | (A) If a person's license or permit is revoked or | ||||||
4 | suspended due to 2
or more convictions of violating | ||||||
5 | Section 11-501 of this Code or a similar
provision of a | ||||||
6 | local ordinance or a similar out-of-state offense, or | ||||||
7 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012, where the use of alcohol or other drugs is | ||||||
9 | recited as an element of the offense, or a similar | ||||||
10 | out-of-state offense, or a combination of these offenses, | ||||||
11 | arising out
of separate occurrences, that person, if | ||||||
12 | issued a restricted driving permit,
may not operate a | ||||||
13 | vehicle unless it has been equipped with an ignition
| ||||||
14 | interlock device as defined in Section 1-129.1.
| ||||||
15 | (B) If a person's license or permit is revoked or | ||||||
16 | suspended 2 or more
times due to any combination of: | ||||||
17 | (i) a single conviction of violating Section
| ||||||
18 | 11-501 of this Code or a similar provision of a local | ||||||
19 | ordinance or a similar
out-of-state offense or Section | ||||||
20 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
21 | of 2012, where the use of alcohol or other drugs is | ||||||
22 | recited as an element of the offense, or a similar | ||||||
23 | out-of-state offense; or | ||||||
24 | (ii) a statutory summary suspension or revocation | ||||||
25 | under Section
11-501.1; or | ||||||
26 | (iii) a suspension under Section 6-203.1; |
| |||||||
| |||||||
1 | arising out of
separate occurrences; that person, if | ||||||
2 | issued a restricted driving permit, may
not operate a | ||||||
3 | vehicle unless it has been
equipped with an ignition | ||||||
4 | interlock device as defined in Section 1-129.1. | ||||||
5 | (B-5) If a person's license or permit is revoked or | ||||||
6 | suspended due to a conviction for a violation of | ||||||
7 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
8 | of Section 11-501 of this Code, or a similar provision of a | ||||||
9 | local ordinance or similar out-of-state offense, that | ||||||
10 | person, if issued a restricted driving permit, may not | ||||||
11 | operate a vehicle unless it has been equipped with an | ||||||
12 | ignition interlock device as defined in Section 1-129.1. | ||||||
13 | (C)
The person issued a permit conditioned upon the | ||||||
14 | use of an ignition interlock device must pay to the | ||||||
15 | Secretary of State DUI Administration Fund an amount
not | ||||||
16 | to exceed $30 per month. The Secretary shall establish by | ||||||
17 | rule the amount
and the procedures, terms, and conditions | ||||||
18 | relating to these fees. | ||||||
19 | (D) If the
restricted driving permit is issued for | ||||||
20 | employment purposes, then the prohibition against | ||||||
21 | operating a motor vehicle that is not equipped with an | ||||||
22 | ignition interlock device does not apply to the operation | ||||||
23 | of an occupational vehicle owned or
leased by that | ||||||
24 | person's employer when used solely for employment | ||||||
25 | purposes. For any person who, within a 5-year period, is | ||||||
26 | convicted of a second or subsequent offense under Section |
| |||||||
| |||||||
1 | 11-501 of this Code, or a similar provision of a local | ||||||
2 | ordinance or similar out-of-state offense, this employment | ||||||
3 | exemption does not apply until either a one-year period | ||||||
4 | has elapsed during which that person had his or her | ||||||
5 | driving privileges revoked or a one-year period has | ||||||
6 | elapsed during which that person had a restricted driving | ||||||
7 | permit which required the use of an ignition interlock | ||||||
8 | device on every motor vehicle owned or operated by that | ||||||
9 | person. | ||||||
10 | (E) In each case the Secretary may issue a
restricted | ||||||
11 | driving permit for a period deemed appropriate, except | ||||||
12 | that all
permits shall expire no later than 2 years from | ||||||
13 | the date of issuance. A
restricted driving permit issued | ||||||
14 | under this Section shall be subject to
cancellation, | ||||||
15 | revocation, and suspension by the Secretary of State in | ||||||
16 | like
manner and for like cause as a driver's license | ||||||
17 | issued under this Code may be
cancelled, revoked, or | ||||||
18 | suspended; except that a conviction upon one or more
| ||||||
19 | offenses against laws or ordinances regulating the | ||||||
20 | movement of traffic
shall be deemed sufficient cause for | ||||||
21 | the revocation, suspension, or
cancellation of a | ||||||
22 | restricted driving permit. The Secretary of State may, as
| ||||||
23 | a condition to the issuance of a restricted driving | ||||||
24 | permit, require the
applicant to participate in a | ||||||
25 | designated driver remedial or rehabilitative
program. The | ||||||
26 | Secretary of State is authorized to cancel a restricted
|
| |||||||
| |||||||
1 | driving permit if the permit holder does not successfully | ||||||
2 | 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 | ||||||
9 | release from a period of imprisonment resulting from a | ||||||
10 | conviction of the most recent offense, whichever is later, | ||||||
11 | provided the person, in addition to all other requirements | ||||||
12 | of the 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 | ||||||
5 | the results of regular alcohol or drug tests. Persons | ||||||
6 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
7 | of Section 6-208 of this Code and who have been convicted | ||||||
8 | of more than one violation of paragraph (3), paragraph | ||||||
9 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
10 | of this Code shall not be eligible to apply for a | ||||||
11 | restricted 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) | ||||||
16 | of 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 | ||||||
21 | that is not equipped with an ignition interlock device, or | ||||||
22 | for 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 | ||||||
20 | license will be suspended one month after the date of the | ||||||
21 | mailing of 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 | Driver 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 CFR 384, the Secretary of State | ||||||
10 | may not issue a restricted driving permit for the operation of | ||||||
11 | a commercial motor vehicle to a person holding a CDL whose | ||||||
12 | driving privileges have been suspended, revoked, cancelled, or | ||||||
13 | disqualified under any provisions of this Code. | ||||||
14 | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; | ||||||
15 | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. | ||||||
16 | 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, | ||||||
17 | eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.)
| ||||||
18 | Section 95. No acceleration or delay. Where this Act makes | ||||||
19 | changes in a statute that is represented in this Act by text | ||||||
20 | that is not yet or no longer in effect (for example, a Section | ||||||
21 | represented by multiple versions), the use of that text does | ||||||
22 | not accelerate or delay the taking effect of (i) the changes | ||||||
23 | made by this Act or (ii) provisions derived from any other | ||||||
24 | Public Act.
|