Bill Text: IL SB3679 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Changes the circumstances under which a vehicle is required to be equipped with an ignition interlock device. Requires the use of an ignition interlock device by a person issued a restricted driving permit after having been convicted of driving under the influence or involuntary manslaughter or reckless homicide where the use of alcohol or other drugs is recited as an element of the offense. Provides that notwithstanding certain exemptions granted for employment-related driving, every person whose driver's license was revoked due to a second or subsequent offense of driving while under the influence shall install an ignition interlock device and maintain the ignition interlock device for 5 years before being considered for reinstatement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3679 Detail]

Download: Illinois-2019-SB3679-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3679 Introduced 2/14/2020, by Sen. Scott M. Bennett SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-205
Amends the Illinois Vehicle Code. Changes the circumstances under which a vehicle is required to be equipped with an ignition interlock device. Requires the use of an ignition interlock device by a person issued a restricted driving permit after having been convicted of driving under the influence or involuntary manslaughter or reckless homicide where the use of alcohol or other drugs is recited as an element of the offense. Provides that notwithstanding certain exemptions granted for employment-related driving, every person whose driver's license was revoked due to a second or subsequent offense of driving while under the influence shall install an ignition interlock device and maintain the ignition interlock device for 5 years before being considered for reinstatement.
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A BILL FOR
SB3679 LRB101 16334 HEP 69133 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 6-205 as follows:
(625 ILCS 5/6-205)
(Text of Section before amendment by P.A. 101-623)
Sec. 6-205. Mandatory revocation of license or permit;
hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor

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vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code;
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 or the Criminal Code of 2012 arising from the use of a
motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;

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13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state
offense;
16. Any offense against any provision in this Code, or
any local ordinance, regulating the movement of traffic
when that offense was the proximate cause of the death of
any person. Any person whose driving privileges have been
revoked pursuant to this paragraph may seek to have the
revocation terminated or to have the length of revocation
reduced by requesting an administrative hearing with the
Secretary of State prior to the projected driver's license
application eligibility date;
17. Violation of subsection (a-2) of Section 11-1301.3
of this Code or a similar provision of a local ordinance;
18. A second or subsequent conviction of illegal
possession, while operating or in actual physical control,

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as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act. A
defendant found guilty of this offense while operating a
motor vehicle shall have an entry made in the court record
by the presiding judge that this offense did occur while
the defendant was operating a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State;
19. Violation of subsection (a) of Section 11-1414 of
this Code, or a similar provision of a local ordinance,
relating to the offense of overtaking or passing of a
school bus when the driver, in committing the violation, is
involved in a motor vehicle accident that results in death
to another and the violation is a proximate cause of the
death.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;

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2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court.
(c)(1) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard to
whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related duties,
or to allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member

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of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or persons with
disabilities who do not hold driving privileges and are living
in the petitioner's household to and from daycare; if the
petitioner is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted
driving permit.
(1.5) A person subject to the provisions of paragraph 4 of
subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the expiration
of 5 years from the effective date of the most recent
revocation, or after 5 years from the date of release from a
period of imprisonment resulting from a conviction of the most
recent offense, whichever is later, provided the person, in
addition to all other requirements of the Secretary, shows by
clear and convincing evidence:
(A) a minimum of 3 years of uninterrupted abstinence
from alcohol and the unlawful use or consumption of
cannabis under the Cannabis Control Act, a controlled
substance under the Illinois Controlled Substances Act, an

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intoxicating compound under the Use of Intoxicating
Compounds Act, or methamphetamine under the
Methamphetamine Control and Community Protection Act; and
(B) the successful completion of any rehabilitative
treatment and involvement in any ongoing rehabilitative
activity that may be recommended by a properly licensed
service provider according to an assessment of the person's
alcohol or drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this paragraph (1.5), the
Secretary may consider any relevant evidence, including, but
not limited to, testimony, affidavits, records, and the results
of regular alcohol or drug tests. Persons subject to the
provisions of paragraph 4 of subsection (b) of Section 6-208 of
this Code and who have been convicted of more than one
violation of paragraph (3), paragraph (4), or paragraph (5) of
subsection (a) of Section 11-501 of this Code shall not be
eligible to apply for a restricted driving permit.
A restricted driving permit issued under this paragraph
(1.5) shall provide that the holder may only operate motor
vehicles equipped with an ignition interlock device as required
under paragraph (2) of subsection (c) of this Section and
subparagraph (A) of paragraph 3 of subsection (c) of Section
6-206 of this Code. The Secretary may revoke a restricted
driving permit or amend the conditions of a restricted driving
permit issued under this paragraph (1.5) if the holder operates

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a vehicle that is not equipped with an ignition interlock
device, or for any other reason authorized under this Code.
A restricted driving permit issued under this paragraph
(1.5) shall be revoked, and the holder barred from applying for
or being issued a restricted driving permit in the future, if
the holder is subsequently convicted of a violation of Section
11-501 of this Code, a similar provision of a local ordinance,
or a similar offense in another state.
(2) If a person's license or permit is revoked or suspended
due to 2 or more convictions of violating Section 11-501 of
this Code or a similar provision of a local ordinance or a
similar out-of-state offense, or Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, where the use of
alcohol or other drugs is recited as an element of the offense,
or a similar out-of-state offense, or a combination of these
offenses, arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock device
as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the

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Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide where the use of alcohol or
other drugs was recited as an element of the offense, or a
similar provision of a law of another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use of an
ignition interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against operating a
motor vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational

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vehicle owned or leased by that person's employer when used
solely for employment purposes. For any person who, within a
5-year period, is convicted of a second or subsequent offense
under Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, this
employment exemption does not apply until either a one-year
period has elapsed during which that person had his or her
driving privileges revoked or a one-year period has elapsed
during which that person had a restricted driving permit which
required the use of an ignition interlock device on every motor
vehicle owned or operated by that person.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued under
this Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction upon
one or more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require the
petitioner to participate in a designated driver remedial or
rehabilitative program. The Secretary of State is authorized to

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cancel a restricted driving permit if the permit holder does
not successfully complete the program. However, if an
individual's driving privileges have been revoked in
accordance with paragraph 13 of subsection (a) of this Section,
no restricted driving permit shall be issued until the
individual has served 6 months of the revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision
(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,
whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state offense,
the person may never apply for a license or permit.

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(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one-year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 24 months each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate

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occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or
(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(3.5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not

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operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned upon the use
of an interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per
month. The Secretary shall establish by rule the amount and
the procedures, terms, and conditions relating to these
fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes. For any person who, within
a 5-year period, is convicted of a second or subsequent
offense under Section 11-501 of this Code, or a similar
provision of a local ordinance or similar out-of-state
offense, this employment exemption does not apply until
either a one-year period has elapsed during which that
person had his or her driving privileges revoked or a
one-year period has elapsed during which that person had a
restricted driving permit which required the use of an
ignition interlock device on every motor vehicle owned or
operated by that person.
(6) A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and

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suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of reckless
homicide, or a similar provision of a law of another state, is
permanent. The Secretary may not, at any time, issue a license
or permit to that person.
(e) This Section is subject to the provisions of the Driver
License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.

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(h) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code
or a similar provision of a local ordinance. The person must
pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 for each month that he or she uses the
device. The Secretary shall establish by rule and regulation
the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and
conditions relating to these fees. During the time period in
which a person is required to install an ignition interlock
device under this subsection (h), that person shall only
operate vehicles in which ignition interlock devices have been
installed, except as allowed by subdivision (c)(5) or (d)(5) of
this Section.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person
whose driving privileges have been revoked under paragraph 16
of subsection (a) of this Section that his or her driving
privileges and driver's license will be revoked 90 days from

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the date of the mailing of the notice.
(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16;
100-223, eff. 8-18-17; 100-803, eff. 1-1-19.)
(Text of Section after amendment by P.A. 101-623)
Sec. 6-205. Mandatory revocation of license or permit;
hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to
the offense of leaving the scene of a traffic accident

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involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code if the person exercised actual physical
control over the vehicle during the commission of the
offense;
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 or the Criminal Code of 2012 arising from the use of a
motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of

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this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state
offense;
16. Any offense against any provision in this Code, or
any local ordinance, regulating the movement of traffic
when that offense was the proximate cause of the death of
any person. Any person whose driving privileges have been
revoked pursuant to this paragraph may seek to have the
revocation terminated or to have the length of revocation
reduced by requesting an administrative hearing with the
Secretary of State prior to the projected driver's license
application eligibility date;
17. Violation of subsection (a-2) of Section 11-1301.3
of this Code or a similar provision of a local ordinance;
18. A second or subsequent conviction of illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled

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substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act. A
defendant found guilty of this offense while operating a
motor vehicle shall have an entry made in the court record
by the presiding judge that this offense did occur while
the defendant was operating a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State;
19. Violation of subsection (a) of Section 11-1414 of
this Code, or a similar provision of a local ordinance,
relating to the offense of overtaking or passing of a
school bus when the driver, in committing the violation, is
involved in a motor vehicle accident that results in death
to another and the violation is a proximate cause of the
death.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State

SB3679 - 21 - LRB101 16334 HEP 69133 b
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court.
(c)(1) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard to
whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related duties,
or to allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an

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accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or persons with
disabilities who do not hold driving privileges and are living
in the petitioner's household to and from daycare; if the
petitioner is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted
driving permit.
(1.5) A person subject to the provisions of paragraph 4 of
subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the expiration
of 5 years from the effective date of the most recent
revocation, or after 5 years from the date of release from a
period of imprisonment resulting from a conviction of the most
recent offense, whichever is later, provided the person, in
addition to all other requirements of the Secretary, shows by
clear and convincing evidence:
(A) a minimum of 3 years of uninterrupted abstinence
from alcohol and the unlawful use or consumption of
cannabis under the Cannabis Control Act, a controlled
substance under the Illinois Controlled Substances Act, an
intoxicating compound under the Use of Intoxicating

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Compounds Act, or methamphetamine under the
Methamphetamine Control and Community Protection Act; and
(B) the successful completion of any rehabilitative
treatment and involvement in any ongoing rehabilitative
activity that may be recommended by a properly licensed
service provider according to an assessment of the person's
alcohol or drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this paragraph (1.5), the
Secretary may consider any relevant evidence, including, but
not limited to, testimony, affidavits, records, and the results
of regular alcohol or drug tests. Persons subject to the
provisions of paragraph 4 of subsection (b) of Section 6-208 of
this Code and who have been convicted of more than one
violation of paragraph (3), paragraph (4), or paragraph (5) of
subsection (a) of Section 11-501 of this Code shall not be
eligible to apply for a restricted driving permit.
A restricted driving permit issued under this paragraph
(1.5) shall provide that the holder may only operate motor
vehicles equipped with an ignition interlock device as required
under paragraph (2) of subsection (c) of this Section and
subparagraph (A) of paragraph 3 of subsection (c) of Section
6-206 of this Code. The Secretary may revoke a restricted
driving permit or amend the conditions of a restricted driving
permit issued under this paragraph (1.5) if the holder operates
a vehicle that is not equipped with an ignition interlock

SB3679 - 24 - LRB101 16334 HEP 69133 b
device, or for any other reason authorized under this Code.
A restricted driving permit issued under this paragraph
(1.5) shall be revoked, and the holder barred from applying for
or being issued a restricted driving permit in the future, if
the holder is subsequently convicted of a violation of Section
11-501 of this Code, a similar provision of a local ordinance,
or a similar offense in another state.
(2) If a person's license or permit is revoked or suspended
due to 2 or more convictions of violating Section 11-501 of
this Code or a similar provision of a local ordinance or a
similar out-of-state offense, or Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, where the use of
alcohol or other drugs is recited as an element of the offense,
or a similar out-of-state offense, or a combination of these
offenses, arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock device
as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times due to any combination of the
following, arising out of separate occurrences:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the

SB3679 - 25 - LRB101 16334 HEP 69133 b
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences; or
(iv) any combination of paragraph (i), (ii),
(iii), and court supervision for a violation of Section
11-501 or a similar provision of a local ordinance or
similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as
an element of the offense, or a similar out-of-state
offense; or
(B) a person has been convicted of one violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide where the use of alcohol or
other drugs was recited as an element of the offense, or a
similar provision of a law of another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use of an

SB3679 - 26 - LRB101 16334 HEP 69133 b
ignition interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against operating a
motor vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes. For any person who, within a
5-year period, is convicted of a second or subsequent offense
under Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, this
employment exemption does not apply until either a one-year
period has elapsed during which that person had his or her
driving privileges revoked or a one-year period has elapsed
during which that person had a restricted driving permit which
required the use of an ignition interlock device on every motor
vehicle owned or operated by that person.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued under
this Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may be

SB3679 - 27 - LRB101 16334 HEP 69133 b
cancelled, revoked, or suspended; except that a conviction upon
one or more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require the
petitioner to participate in a designated driver remedial or
rehabilitative program. The Secretary of State is authorized to
cancel a restricted driving permit if the permit holder does
not successfully complete the program. However, if an
individual's driving privileges have been revoked in
accordance with paragraph 13 of subsection (a) of this Section,
no restricted driving permit shall be issued until the
individual has served 6 months of the revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision
(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,

SB3679 - 28 - LRB101 16334 HEP 69133 b
whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state offense,
the person may never apply for a license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one-year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 24 months each.

SB3679 - 29 - LRB101 16334 HEP 69133 b
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or
(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued
a restricted driving permit, may not operate a vehicle

SB3679 - 30 - LRB101 16334 HEP 69133 b
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(3.5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned upon the use
of an interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per
month. The Secretary shall establish by rule the amount and
the procedures, terms, and conditions relating to these
fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes. For any person who, within
a 5-year period, is convicted of a second or subsequent
offense under Section 11-501 of this Code, or a similar
provision of a local ordinance or similar out-of-state
offense, this employment exemption does not apply until

SB3679 - 31 - LRB101 16334 HEP 69133 b
either a one-year period has elapsed during which that
person had his or her driving privileges revoked or a
one-year period has elapsed during which that person had a
restricted driving permit which required the use of an
ignition interlock device on every motor vehicle owned or
operated by that person.
(6) A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of reckless
homicide, or a similar provision of a law of another state, is
permanent. The Secretary may not, at any time, issue a license
or permit to that person.
(e) This Section is subject to the provisions of the Driver
License Compact.

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(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code
or a similar provision of a local ordinance. The person must
pay to the Secretary of State DUI Administration Fund an amount
not to exceed $30 for each month that he or she uses the
device. The Secretary shall establish by rule and regulation
the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and
conditions relating to these fees. During the time period in
which a person is required to install an ignition interlock
device under this subsection (h), that person shall only
operate vehicles in which ignition interlock devices have been
installed, except as allowed by subdivision (c)(5) or (d)(5) of
this Section. Notwithstanding an exemption granted under
subdivision (c)(5) or (d)(5), every person subject to this
subsection shall install an ignition interlock device and

SB3679 - 33 - LRB101 16334 HEP 69133 b
maintain the ignition interlock device for 5 years before being
considered for reinstatement.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person
whose driving privileges have been revoked under paragraph 16
of subsection (a) of this Section that his or her driving
privileges and driver's license will be revoked 90 days from
the date of the mailing of the notice.
(Source: P.A. 100-223, eff. 8-18-17; 100-803, eff. 1-1-19;
101-623, eff. 7-1-20.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.