Illinois-2023-SB1514-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1514

Introduced 2/7/2023, by Sen. Javier L. Cervantes

SYNOPSIS AS INTRODUCED:

`625 ILCS 5/6-101`	`from Ch. 95 1/2, par. 6-101`
`625 ILCS 5/6-103`	`from Ch. 95 1/2, par. 6-103`
`625 ILCS 5/6-105.1`
`625 ILCS 5/6-106`	`from Ch. 95 1/2, par. 6-106`
`625 ILCS 5/6-107.1`
`625 ILCS 5/6-110.2`
`625 ILCS 5/6-117`	`from Ch. 95 1/2, par. 6-117`
`625 ILCS 5/6-117.1`
`625 ILCS 5/6-206`

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.

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A BILL FOR

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1 AN ACT concerning transportation.

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

3 represented in the General Assembly:

4 Section 5. The Illinois Vehicle Code is amended by

5 changing Sections 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:

7 (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)

8 (Text of Section before amendment by P.A. 102-982)

9 Sec. 6-101. Drivers must have licenses or permits.

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.

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,~~

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.

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.

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).)

16 (Text of Section after amendment by P.A. 102-982)

17 Sec. 6-101. Drivers must have licenses or permits.

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.

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.

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)

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:

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

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;

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

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;

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

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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~~

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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

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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

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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

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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

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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

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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~~

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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

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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.)

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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 person15 ~~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

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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

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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

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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;

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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

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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 Codeand 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

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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.

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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,

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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 Codeand 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

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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

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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.)

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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.

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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

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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

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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,

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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

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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

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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

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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;

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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

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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;

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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;

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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

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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

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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;

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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;

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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

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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;

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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

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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

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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,

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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

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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

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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

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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;

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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

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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

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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.

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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

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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

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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.