Rep. Elaine Nekritz
Filed: 5/7/2014
 
 


 




09800SB1996ham001LRB098 06520 MLW 59122 a



1
AMENDMENT TO SENATE BILL 1996 




2 AMENDMENT NO. ______. Amend Senate Bill 1996 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Vehicle Code is amended by 
5changing Sections 6-205, 6-206, 6-208, and 6-303 as follows:



6 (625 ILCS 5/6-205)



7 Sec. 6-205. Mandatory revocation of license or permit; 
8Hardship cases. 

9 (a) Except as provided in this Section, the Secretary of 
10State shall
immediately revoke the license, permit, or driving 
11privileges of
any driver upon receiving a
report of the 
12driver's conviction of any of the following offenses:


13  1. Reckless homicide resulting from the operation of a 
14 motor vehicle;


15  2. Violation of Section 11-501 of this Code or a 
16 similar provision of
a local ordinance relating to the 
 
 
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1 offense of operating or being in physical
control of a 
2 vehicle while under the influence of alcohol, other drug or

3 drugs, intoxicating compound or compounds, or any 
4 combination thereof;


5  3. Any felony under the laws of any State or the 
6 federal government
in the commission of which a motor 
7 vehicle was used;


8  4. Violation of Section 11-401 of this Code relating to 
9 the offense of
leaving the scene of a traffic accident 
10 involving death or personal injury;


11  5. Perjury or the making of a false affidavit or 
12 statement under
oath to the Secretary of State under this 
13 Code or under any
other law relating to the ownership or 
14 operation of motor vehicles;


15  6. Conviction upon 3 charges of violation of Section 
16 11-503 of this
Code relating to the offense of reckless 
17 driving committed within a
period of 12 months;


18  7. Conviction of any offense
defined in
Section 4-102 
19 of this Code;


20  8. Violation of Section 11-504 of this Code relating to 
21 the offense
of drag racing;


22  9. Violation of Chapters 8 and 9 of this Code;


23  10. Violation of Section 12-5 of the Criminal Code of 
24 1961 or the Criminal Code of 2012 arising from
the use of a 
25 motor vehicle;


26  11. Violation of Section 11-204.1 of this Code relating 
 
 
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1 to aggravated
fleeing or attempting to elude a peace 
2 officer;


3  12. Violation of paragraph (1) of subsection (b) of 
4 Section 6-507,
or a similar law of any other state, 
5 relating to the
unlawful operation of a commercial motor 
6 vehicle;


7  13. Violation of paragraph (a) of Section 11-502 of 
8 this Code or a
similar provision of a local ordinance if 
9 the driver has been previously
convicted of a violation of 
10 that Section or a similar provision of a local
ordinance 
11 and the driver was less than 21 years of age at the time of 
12 the
offense;


13  14. Violation of paragraph (a) of Section 11-506 of 
14 this Code or a similar provision of a local ordinance 
15 relating to the offense of street racing;

16  15. A second or subsequent conviction of driving while 
17 the person's driver's license, permit or privileges was 
18 revoked for reckless homicide or a similar out-of-state 
19 offense; 
20  16. Any offense against any provision in this Code, or 
21 any local ordinance, regulating the
movement of traffic 
22 when that offense was the proximate cause of the death of 
23 any person. Any person whose driving privileges have been 
24 revoked pursuant to this paragraph may seek to have the 
25 revocation terminated or to have the length of revocation 
26 reduced by requesting an administrative hearing with the 
 
 
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1 Secretary of State prior to the projected driver's license 
2 application eligibility date; 
3  17. Violation of subsection (a-2) of Section 11-1301.3 
4 of this Code or a similar provision of a local ordinance;
5  18. A second or subsequent conviction of illegal 
6 possession, while operating or in actual physical control, 
7 as a driver, of a motor vehicle, of any controlled 
8 substance prohibited under the Illinois Controlled 
9 Substances Act, any cannabis prohibited under the Cannabis 
10 Control Act, or any methamphetamine prohibited under the 
11 Methamphetamine Control and Community Protection Act. A 
12 defendant found guilty of this offense while operating a 
13 motor vehicle
shall have an entry made in the court record 
14 by the presiding judge that
this offense did occur while 
15 the defendant was operating a motor vehicle
and order the 
16 clerk of the court to report the violation to the Secretary

17 of State.
18 (b) The Secretary of State shall also immediately revoke 
19the license
or permit of any driver in the following 
20situations:


21  1. Of any minor upon receiving the notice provided for 
22 in Section
5-901 of the Juvenile Court Act of 1987 that the 
23 minor has been
adjudicated under that Act as having 
24 committed an offense relating to
motor vehicles prescribed 
25 in Section 4-103 of this Code;


26  2. Of any person when any other law of this State 
 
 
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1 requires either the
revocation or suspension of a license 
2 or permit;


3  3. Of any person adjudicated under the Juvenile Court 
4 Act of 1987 based on an offense determined to have been 
5 committed in furtherance of the criminal activities of an 
6 organized gang as provided in Section 5-710 of that Act, 
7 and that involved the operation or use of a motor vehicle 
8 or the use of a driver's license or permit. The revocation 
9 shall remain in effect for the period determined by the 
10 court. Upon the direction of the court, the Secretary shall 
11 issue the person a judicial driving permit, also known as a 
12 JDP. The JDP shall be subject to the same terms as a JDP 
13 issued under Section 6-206.1, except that the court may 
14 direct that a JDP issued under this subdivision (b)(3) be 
15 effective immediately.

16 (c)(1) Whenever a person is convicted of any of the 
17offenses enumerated in
this Section, the court may recommend 
18and the Secretary of State in his
discretion, without regard to 
19whether the recommendation is made by the
court may, upon 
20application,
issue to the person a
restricted driving permit 
21granting the privilege of driving a motor
vehicle between the 
22petitioner's residence and petitioner's place
of employment or 
23within the scope of the petitioner's employment related
duties, 
24or to allow the petitioner to transport himself or herself or a 
25family member
of the petitioner's household to a medical 
26facility for the receipt of necessary medical care or to allow 
 
 
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1the
petitioner to transport himself or herself to and from 
2alcohol or drug remedial or rehabilitative activity 
3recommended by a licensed service provider, or to allow the

4petitioner to transport himself or herself or a family member 
5of the petitioner's household to classes, as a student, at an 
6accredited educational
institution, or to allow the petitioner 
7to transport children, elderly persons, or disabled persons who 
8do not hold driving privileges and are living in the 
9petitioner's household to and from daycare; if the petitioner 
10is able to demonstrate that no alternative means
of 
11transportation is reasonably available and that the petitioner 
12will not endanger
the public safety or welfare; provided that 
13the Secretary's discretion shall be
limited to cases where 
14undue hardship, as defined by the rules of the Secretary of 
15State, would result from a failure to issue the
restricted 
16driving permit. Those multiple offenders identified in 
17subdivision (b)4 of Section 6-208 of this Code, however, shall 
18not be eligible for the issuance of a restricted driving 
19permit.

20  (1.5) A person subject to the provisions of paragraph 
21 (4) of subsection (b) of Section 6-208 of this Code may 
22 make application for a restricted driving permit at a 
23 hearing conducted under Section 2-118 of this Code after 
24 the expiration of 5 years from the effective date of the 
25 most recent revocation, or after 5 years from the date of 
26 release from a period of imprisonment resulting from a 
 
 
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1 conviction of the most recent offense, whichever is later, 
2 provided the person, in addition to all other requirements 
3 of the Secretary, shows by clear and convincing evidence: 
4   (A) a minimum of 3 years of uninterrupted 
5 abstinence from alcohol and the unlawful use or 
6 consumption of cannabis under the Cannabis Control 
7 Act, a controlled substance under the Illinois 
8 Controlled Substances Act, an intoxicating compound 
9 under the Use of Intoxicating Compounds Act, or 
10 methamphetamine under the Methamphetamine Control and 
11 Community Protection Act; and 
12   (B) the successful completion of any 
13 rehabilitative treatment and involvement in any 
14 ongoing rehabilitative activity that may be 
15 recommended by a properly licensed service provider 
16 according to an assessment of the person's alcohol or 
17 drug use under Section 11-501.01 of this Code. 
18  In determining whether an applicant is eligible for a 
19 restricted driving permit under this paragraph (1.5), the 
20 Secretary may consider any relevant evidence, including, 
21 but not limited to, testimony, affidavits, records, and the 
22 results of regular alcohol or drug tests. Persons subject 
23 to the provisions of paragraph (4) of subsection (b) of 
24 Section 6-208 of this Code and who have been convicted of 
25 more than one violation of paragraph (3), paragraph (4), or 
26 paragraph (5) of subsection (a) of Section 11-501 of this 
 
 
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1 Code shall not be eligible to apply for a restricted 
2 driving permit. 
3  A restricted driving permit issued under this 
4 paragraph (1.5) shall provide that the holder may only 
5 operate motor vehicles equipped with an ignition interlock 
6 device as required under paragraph (2) of subsection (c) of 
7 this Section and subparagraph (A) of paragraph 3 of 
8 subsection (c) of Section 6-206 of this Code. The Secretary 
9 may revoke a restricted driving permit or amend the 
10 conditions of a restricted driving permit issued under this 
11 paragraph (1.5) if the holder operates a vehicle that is 
12 not equipped with an ignition interlock device, or for any 
13 other reason authorized under this Code. 
14  A restricted driving permit issued under this 
15 paragraph (1.5) shall be revoked, and the holder barred 
16 from applying for or being issued a restricted driving 
17 permit in the future, if the holder is subsequently 
18 convicted of a violation of Section 11-501 of this Code, a 
19 similar provision of a local ordinance, or a similar 
20 offense in another state. 
21  (2) If a person's license or permit is revoked or 
22 suspended due to 2 or
more convictions of violating Section 
23 11-501 of this Code or a similar
provision of a local 
24 ordinance or a similar out-of-state offense, or Section 9-3 
25 of the Criminal Code of 1961 or the Criminal Code of 2012, 
26 where the use of alcohol or other drugs is recited as an 
 
 
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1 element of the offense, or a similar out-of-state offense, 
2 or a combination of these offenses, arising out
of separate 
3 occurrences, that person, if issued a restricted driving 
4 permit,
may not operate a vehicle unless it has been 
5 equipped with an ignition
interlock device as defined in 
6 Section 1-129.1.

7  (3) If:

8   (A) a person's license or permit is revoked or 
9 suspended 2 or more
times within a 10 year period due 
10 to any combination of:
11    (i)
a single conviction of violating Section

12 11-501 of this Code or a similar provision of a 
13 local ordinance or a similar
out-of-state offense, 
14 or Section 9-3 of the Criminal Code of 1961 or the 
15 Criminal Code of 2012, where the use of alcohol or 
16 other drugs is recited as an element of the 
17 offense, or a similar out-of-state offense; or
18    (ii)
a statutory summary suspension or 
19 revocation under Section
11-501.1; or
20    (iii)
a suspension pursuant to Section 
21 6-203.1;

22  arising out of
separate occurrences; or
23   (B)
a person has been convicted of one violation of 
24 Section 6-303 of this Code committed while his or her 
25 driver's license, permit, or privilege was revoked 
26 because of a violation of Section 9-3 of the Criminal 
 
 
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1 Code of 1961 or the Criminal Code of 2012, relating to 
2 the offense of reckless homicide where the use of 
3 alcohol or other drugs was recited as an element of the 
4 offense, or a similar provision of a law of another 
5 state;

6 that person, if issued a restricted
driving permit, may not 
7 operate a vehicle unless it has been equipped with an

8 ignition interlock device as defined in Section 1-129.1. 
9  (4)
The person issued a permit conditioned on the use 
10 of an ignition interlock device must pay to the Secretary 
11 of State DUI Administration Fund an amount
not to exceed 
12 $30 per month. The Secretary shall establish by rule the 
13 amount
and the procedures, terms, and conditions relating 
14 to these fees. 
15  (5)
If the restricted driving permit is issued for 
16 employment purposes, then
the prohibition against 
17 operating a motor vehicle that is not equipped with an 
18 ignition interlock device does not apply to the operation 
19 of an occupational vehicle
owned or leased by that person's 
20 employer when used solely for employment purposes. 
21  (6)
In each case the Secretary of State may issue a

22 restricted driving permit for a period he deems 
23 appropriate, except that the
permit shall expire within one 
24 year from the date of issuance. The Secretary
may not, 
25 however, issue a restricted driving permit to any person 
26 whose current
revocation is the result of a second or 
 
 
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1 subsequent conviction for a violation
of Section 11-501 of 
2 this Code or a similar provision of a local ordinance
or 
3 any similar out-of-state offense, or Section 9-3 of the 
4 Criminal Code of 1961 or the Criminal Code of 2012, where 
5 the use of alcohol or other drugs is recited as an element 
6 of the offense, or any similar out-of-state offense, or any 
7 combination of these offenses, until the expiration of at 
8 least one year from the date of the
revocation. A 
9 restricted
driving permit issued under this Section shall 
10 be
subject to cancellation, revocation, and suspension by 
11 the Secretary of
State in like manner and for like cause as 
12 a driver's license issued
under this Code may be cancelled, 
13 revoked, or
suspended; except that a conviction upon one or 
14 more offenses against laws or
ordinances regulating the 
15 movement of traffic shall be deemed sufficient cause
for 
16 the revocation, suspension, or cancellation of a 
17 restricted driving permit.
The Secretary of State may, as a 
18 condition to the issuance of a restricted
driving permit, 
19 require the petitioner to participate in a designated 
20 driver
remedial or rehabilitative program. The Secretary 
21 of State is authorized to
cancel a restricted driving 
22 permit if the permit holder does not successfully
complete 
23 the program. However, if an individual's driving 
24 privileges have been
revoked in accordance with paragraph 
25 13 of subsection (a) of this Section, no
restricted driving 
26 permit shall be issued until the individual has served 6

 
 
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1 months of the revocation period.

2 (c-5) (Blank).

3 (c-6) If a person is convicted of a second violation of 
4operating a motor vehicle while the person's driver's license, 
5permit or privilege was revoked, where the revocation was for a 
6violation of Section 9-3 of the Criminal Code of 1961 or the 
7Criminal Code of 2012 relating to the offense of reckless 
8homicide or a similar out-of-state offense, the person's 
9driving privileges shall be revoked pursuant to subdivision 
10(a)(15) of this Section. The person may not make application 
11for a license or permit until the expiration of five years from 
12the effective date of the revocation or the expiration of five 
13years from the date of release from a term of imprisonment, 
14whichever is later. 
15 (c-7) If a person is convicted of a third or subsequent 
16violation of operating a motor vehicle while the person's 
17driver's license, permit or privilege was revoked, where the 
18revocation was for a violation of Section 9-3 of the Criminal 
19Code of 1961 or the Criminal Code of 2012 relating to the 
20offense of reckless homicide or a similar out-of-state offense, 
21the person may never apply for a license or permit. 
22 (d)(1) Whenever a person under the age of 21 is convicted 
23under Section
11-501 of this Code or a similar provision of a 
24local ordinance or a similar out-of-state offense, the

25Secretary of State shall revoke the driving privileges of that 
26person. One
year after the date of revocation, and upon 
 
 
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1application, the Secretary of
State may, if satisfied that the 
2person applying will not endanger the
public safety or welfare, 
3issue a restricted driving permit granting the
privilege of 
4driving a motor vehicle only between the hours of 5 a.m. and 9

5p.m. or as otherwise provided by this Section for a period of 
6one year.
After this one year period, and upon reapplication 
7for a license as
provided in Section 6-106, upon payment of the 
8appropriate reinstatement
fee provided under paragraph (b) of 
9Section 6-118, the Secretary of State,
in his discretion, may

10reinstate the petitioner's driver's license and driving 
11privileges, or extend the restricted driving permit as many 
12times as the
Secretary of State deems appropriate, by 
13additional periods of not more than
12 months each.

14  (2) If a person's license or permit is revoked or 
15 suspended due to 2 or
more convictions of violating Section 
16 11-501 of this Code or a similar
provision of a local 
17 ordinance or a similar out-of-state offense, or Section 9-3 
18 of the Criminal Code of 1961 or the Criminal Code of 2012, 
19 where the use of alcohol or other drugs is recited as an 
20 element of the offense, or a similar out-of-state offense, 
21 or a combination of these offenses, arising out
of separate 
22 occurrences, that person, if issued a restricted driving 
23 permit,
may not operate a vehicle unless it has been 
24 equipped with an ignition
interlock device as defined in 
25 Section 1-129.1.

26  (3) If a person's license or permit is revoked or 
 
 
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1 suspended 2 or more times
within a 10 year period due to 
2 any combination of:
3   (A) a single conviction of violating Section 
4 11-501
of this
Code or a similar provision of a local 
5 ordinance or a similar out-of-state
offense, or 
6 Section 9-3 of the Criminal Code of 1961 or the 
7 Criminal Code of 2012, where the use of alcohol or 
8 other drugs is recited as an element of the offense, or 
9 a similar out-of-state offense; or
10   (B)
a statutory summary suspension or revocation 
11 under Section 11-501.1; or 
12   (C) a suspension pursuant to Section 6-203.1;
13 arising out of separate occurrences, that person, if issued 
14 a
restricted
driving permit, may not operate a vehicle 
15 unless it has been equipped with an
ignition interlock 
16 device as defined in Section 1-129.1.
17  (4)
The person issued a permit conditioned upon the use 
18 of an interlock device must pay to the Secretary of State 
19 DUI Administration Fund an amount
not to exceed $30 per 
20 month. The Secretary shall establish by rule the amount
and 
21 the procedures, terms, and conditions relating to these 
22 fees.
23  (5)
If the restricted driving permit is issued for 
24 employment purposes, then
the prohibition against driving 
25 a vehicle that is not equipped with an ignition interlock 
26 device does not apply to the operation of an occupational 
 
 
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1 vehicle
owned or leased by that person's employer when used 
2 solely for employment purposes.
3  (6) A
restricted driving permit issued under this 
4 Section shall be subject to
cancellation, revocation, and 
5 suspension by the Secretary of State in like
manner and for 
6 like cause as a driver's license issued under this Code may 
7 be
cancelled, revoked, or suspended; except that a 
8 conviction upon one or more
offenses against laws or 
9 ordinances regulating the movement of traffic
shall be 
10 deemed sufficient cause for the revocation, suspension, or

11 cancellation of a restricted driving permit.


12 (d-5) The revocation of the license, permit, or driving 
13privileges of a person convicted of a third or subsequent 
14violation of Section 6-303 of this Code committed while his or 
15her driver's license, permit, or privilege was revoked because 
16of a violation of Section 9-3 of the Criminal Code of 1961 or 
17the Criminal Code of 2012, relating to the offense of reckless 
18homicide, or a similar provision of a law of another state, is 
19permanent. The Secretary may not, at any time, issue a license 
20or permit to that person.

21 (e) This Section is subject to the provisions of the Driver 
22License
Compact.

23 (f) Any revocation imposed upon any person under 
24subsections 2
and 3 of paragraph (b) that is in effect on 
25December 31, 1988 shall be
converted to a suspension for a like 
26period of time.

 
 
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1 (g) The Secretary of State shall not issue a restricted 
2driving permit to
a person under the age of 16 years whose 
3driving privileges have been revoked
under any provisions of 
4this Code.

5 (h) The Secretary of State shall require the use of 
6ignition interlock
devices on all vehicles owned by a person 
7who has been convicted of a
second or subsequent offense under 
8Section 11-501 of this Code or a similar
provision of a local 
9ordinance. The person must pay to the Secretary of State DUI 
10Administration Fund an amount not to exceed $30 for each month 
11that he or she uses the device. The Secretary shall establish 
12by rule and
regulation the procedures for certification and use 
13of the interlock
system, the amount of the fee, and the 
14procedures, terms, and conditions relating to these fees.

15 (i) (Blank).

16 (j) In accordance with 49 C.F.R. 384, the Secretary of 
17State may not issue a restricted driving permit for the 
18operation of a commercial motor vehicle to a person holding a 
19CDL whose driving privileges have been revoked, suspended, 
20cancelled, or disqualified under any provisions of this Code.

21(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; 
2296-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. 
237-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. 
241-1-13; 97-1150, eff. 1-25-13.)



25 (625 ILCS 5/6-206)


 
 
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1 Sec. 6-206. Discretionary authority to suspend or revoke 
2license or
permit; Right to a hearing.

3 (a) The Secretary of State is authorized to suspend or 
4revoke the
driving privileges of any person without preliminary 
5hearing upon a showing
of the person's records or other 
6sufficient evidence that
the person:


7  1. Has committed an offense for which mandatory 
8 revocation of
a driver's license or permit is required upon 
9 conviction;


10  2. Has been convicted of not less than 3 offenses 
11 against traffic
regulations governing the movement of 
12 vehicles committed within any 12
month period. No 
13 revocation or suspension shall be entered more than
6 
14 months after the date of last conviction;


15  3. Has been repeatedly involved as a driver in motor 
16 vehicle
collisions or has been repeatedly convicted of 
17 offenses against laws and
ordinances regulating the 
18 movement of traffic, to a degree that
indicates lack of 
19 ability to exercise ordinary and reasonable care in
the 
20 safe operation of a motor vehicle or disrespect for the 
21 traffic laws
and the safety of other persons upon the 
22 highway;


23  4. Has by the unlawful operation of a motor vehicle 
24 caused or
contributed to an accident resulting in injury 
25 requiring
immediate professional treatment in a medical 
26 facility or doctor's office
to any person, except that any 
 
 
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1 suspension or revocation imposed by the
Secretary of State 
2 under the provisions of this subsection shall start no

3 later than 6 months after being convicted of violating a 
4 law or
ordinance regulating the movement of traffic, which 
5 violation is related
to the accident, or shall start not 
6 more than one year
after
the date of the accident, 
7 whichever date occurs later;


8  5. Has permitted an unlawful or fraudulent use of a 
9 driver's
license, identification card, or permit;


10  6. Has been lawfully convicted of an offense or 
11 offenses in another
state, including the authorization 
12 contained in Section 6-203.1, which
if committed within 
13 this State would be grounds for suspension or revocation;


14  7. Has refused or failed to submit to an examination 
15 provided for by
Section 6-207 or has failed to pass the 
16 examination;


17  8. Is ineligible for a driver's license or permit under 
18 the provisions
of Section 6-103;


19  9. Has made a false statement or knowingly concealed a 
20 material fact
or has used false information or 
21 identification in any application for a
license, 
22 identification card, or permit;


23  10. Has possessed, displayed, or attempted to 
24 fraudulently use any
license, identification card, or 
25 permit not issued to the person;


26  11. Has operated a motor vehicle upon a highway of this 
 
 
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1 State when
the person's driving privilege or privilege to 
2 obtain a driver's license
or permit was revoked or 
3 suspended unless the operation was authorized by
a 
4 monitoring device driving permit, judicial driving permit 
5 issued prior to January 1, 2009, probationary license to 
6 drive, or a restricted
driving permit issued under this 
7 Code;


8  12. Has submitted to any portion of the application 
9 process for
another person or has obtained the services of 
10 another person to submit to
any portion of the application 
11 process for the purpose of obtaining a
license, 
12 identification card, or permit for some other person;


13  13. Has operated a motor vehicle upon a highway of this 
14 State when
the person's driver's license or permit was 
15 invalid under the provisions of
Sections 6-107.1 and
6-110;


16  14. Has committed a violation of Section 6-301, 
17 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B 
18 of the Illinois Identification Card
Act;


19  15. Has been convicted of violating Section 21-2 of the 
20 Criminal Code
of 1961 or the Criminal Code of 2012 relating 
21 to criminal trespass to vehicles in which case, the 
22 suspension
shall be for one year;


23  16. Has been convicted of violating Section 11-204 of 
24 this Code relating
to fleeing from a peace officer;


25  17. Has refused to submit to a test, or tests, as 
26 required under Section
11-501.1 of this Code and the person 
 
 
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1 has not sought a hearing as
provided for in Section 
2 11-501.1;


3  18. Has, since issuance of a driver's license or 
4 permit, been adjudged
to be afflicted with or suffering 
5 from any mental disability or disease;


6  19. Has committed a violation of paragraph (a) or (b) 
7 of Section 6-101
relating to driving without a driver's 
8 license;


9  20. Has been convicted of violating Section 6-104 
10 relating to
classification of driver's license;


11  21. Has been convicted of violating Section 11-402 of

12 this Code relating to leaving the scene of an accident 
13 resulting in damage
to a vehicle in excess of $1,000, in 
14 which case the suspension shall be
for one year;


15  22. Has used a motor vehicle in violating paragraph 
16 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
17 the Criminal Code of 1961 or the Criminal Code of 2012 
18 relating
to unlawful use of weapons, in which case the 
19 suspension shall be for one
year;


20  23. Has, as a driver, been convicted of committing a 
21 violation of
paragraph (a) of Section 11-502 of this Code 
22 for a second or subsequent
time within one year of a 
23 similar violation;


24  24. Has been convicted by a court-martial or punished 
25 by non-judicial
punishment by military authorities of the 
26 United States at a military
installation in Illinois of or 
 
 
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1 for a traffic related offense that is the
same as or 
2 similar to an offense specified under Section 6-205 or 
3 6-206 of
this Code;


4  25. Has permitted any form of identification to be used 
5 by another in
the application process in order to obtain or 
6 attempt to obtain a license,
identification card, or 
7 permit;


8  26. Has altered or attempted to alter a license or has 
9 possessed an
altered license, identification card, or 
10 permit;


11  27. Has violated Section 6-16 of the Liquor Control Act 
12 of 1934;


13  28. Has been convicted for a first time of the illegal 
14 possession, while operating or
in actual physical control, 
15 as a driver, of a motor vehicle, of any
controlled 
16 substance prohibited under the Illinois Controlled 
17 Substances
Act, any cannabis prohibited under the Cannabis 
18 Control
Act, or any methamphetamine prohibited under the 
19 Methamphetamine Control and Community Protection Act, in 
20 which case the person's driving privileges shall be 
21 suspended for
one year.
Any defendant found guilty of this 
22 offense while operating a motor vehicle,
shall have an 
23 entry made in the court record by the presiding judge that

24 this offense did occur while the defendant was operating a 
25 motor vehicle
and order the clerk of the court to report 
26 the violation to the Secretary
of State;


 
 
09800SB1996ham001- 22 -LRB098 06520 MLW 59122 a


1  29. Has been convicted of the following offenses that 
2 were committed
while the person was operating or in actual 
3 physical control, as a driver,
of a motor vehicle: criminal 
4 sexual assault,
predatory criminal sexual assault of a 
5 child,
aggravated criminal sexual
assault, criminal sexual 
6 abuse, aggravated criminal sexual abuse, juvenile
pimping, 
7 soliciting for a juvenile prostitute, promoting juvenile 
8 prostitution as described in subdivision (a)(1), (a)(2), 
9 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 
10 or the Criminal Code of 2012, and the manufacture, sale or

11 delivery of controlled substances or instruments used for 
12 illegal drug use
or abuse in which case the driver's 
13 driving privileges shall be suspended
for one year;


14  30. Has been convicted a second or subsequent time for 
15 any
combination of the offenses named in paragraph 29 of 
16 this subsection,
in which case the person's driving 
17 privileges shall be suspended for 5
years;


18  31. Has refused to submit to a test as
required by 
19 Section 11-501.6 of this Code or Section 5-16c of the Boat 
20 Registration and Safety Act or has submitted to a test 
21 resulting in
an alcohol concentration of 0.08 or more or 
22 any amount of a drug, substance, or
compound resulting from 
23 the unlawful use or consumption of cannabis as listed
in 
24 the Cannabis Control Act, a controlled substance as listed 
25 in the Illinois
Controlled Substances Act, an intoxicating 
26 compound as listed in the Use of
Intoxicating Compounds 
 
 
09800SB1996ham001- 23 -LRB098 06520 MLW 59122 a


1 Act, or methamphetamine as listed in the Methamphetamine 
2 Control and Community Protection Act, in which case the 
3 penalty shall be
as prescribed in Section 6-208.1;


4  32. Has been convicted of Section 24-1.2 of the 
5 Criminal Code of
1961 or the Criminal Code of 2012 relating 
6 to the aggravated discharge of a firearm if the offender 
7 was
located in a motor vehicle at the time the firearm was 
8 discharged, in which
case the suspension shall be for 3 
9 years;


10  33. Has as a driver, who was less than 21 years of age 
11 on the date of
the offense, been convicted a first time of 
12 a violation of paragraph (a) of
Section 11-502 of this Code 
13 or a similar provision of a local ordinance;


14  34. Has committed a violation of Section 11-1301.5 of 
15 this Code or a similar provision of a local ordinance;


16  35. Has committed a violation of Section 11-1301.6 of 
17 this Code or a similar provision of a local ordinance;


18  36. Is under the age of 21 years at the time of arrest 
19 and has been
convicted of not less than 2 offenses against 
20 traffic regulations governing
the movement of vehicles 
21 committed within any 24 month period. No revocation
or 
22 suspension shall be entered more than 6 months after the 
23 date of last
conviction;


24  37. Has committed a violation of subsection (c) of 
25 Section 11-907 of this
Code that resulted in damage to the 
26 property of another or the death or injury of another;


 
 
09800SB1996ham001- 24 -LRB098 06520 MLW 59122 a


1  38. Has been convicted of a violation of Section 6-20 
2 of the Liquor
Control Act of 1934 or a similar provision of 
3 a local ordinance;


4  39. Has committed a second or subsequent violation of 
5 Section
11-1201 of this Code;

6  40. Has committed a violation of subsection (a-1) of 
7 Section 11-908 of
this Code;
8  41. Has committed a second or subsequent violation of 
9 Section 11-605.1 of this Code, a similar provision of a 
10 local ordinance, or a similar violation in any other state 
11 within 2 years of the date of the previous violation, in 
12 which case the suspension shall be for 90 days;
13  42. Has committed a violation of subsection (a-1) of 
14 Section 11-1301.3 of this Code or a similar provision of a 
15 local ordinance;

16  43. Has received a disposition of court supervision for 
17 a violation of subsection (a), (d), or (e) of Section 6-20 
18 of the Liquor
Control Act of 1934 or a similar provision of 
19 a local ordinance, in which case the suspension shall be 
20 for a period of 3 months;

21  44.
Is under the age of 21 years at the time of arrest 
22 and has been convicted of an offense against traffic 
23 regulations governing the movement of vehicles after 
24 having previously had his or her driving privileges

25 suspended or revoked pursuant to subparagraph 36 of this 
26 Section;
 
 
09800SB1996ham001- 25 -LRB098 06520 MLW 59122 a


1  45.
Has, in connection with or during the course of a 
2 formal hearing conducted under Section 2-118 of this Code: 
3 (i) committed perjury; (ii) submitted fraudulent or 
4 falsified documents; (iii) submitted documents that have 
5 been materially altered; or (iv) submitted, as his or her 
6 own, documents that were in fact prepared or composed for 
7 another person;
8  46. Has committed a violation of subsection (j) of 
9 Section 3-413 of this Code; or

10  47. Has committed a violation of Section 11-502.1 of 
11 this Code. 
12 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
13and 27 of this
subsection, license means any driver's license, 
14any traffic ticket issued when
the person's driver's license is 
15deposited in lieu of bail, a suspension
notice issued by the 
16Secretary of State, a duplicate or corrected driver's
license, 
17a probationary driver's license or a temporary driver's 
18license.
19 (b) If any conviction forming the basis of a suspension or

20revocation authorized under this Section is appealed, the

21Secretary of State may rescind or withhold the entry of the 
22order of suspension
or revocation, as the case may be, provided 
23that a certified copy of a stay
order of a court is filed with 
24the Secretary of State. If the conviction is
affirmed on 
25appeal, the date of the conviction shall relate back to the 
26time
the original judgment of conviction was entered and the 6 
 
 
09800SB1996ham001- 26 -LRB098 06520 MLW 59122 a


1month limitation
prescribed shall not apply.


2 (c) 1. Upon suspending or revoking the driver's license or 
3permit of
any person as authorized in this Section, the 
4Secretary of State shall
immediately notify the person in 
5writing of the revocation or suspension.
The notice to be 
6deposited in the United States mail, postage prepaid,
to the 
7last known address of the person.


8  2. If the Secretary of State suspends the driver's 
9 license
of a person under subsection 2 of paragraph (a) of 
10 this Section, a
person's privilege to operate a vehicle as 
11 an occupation shall not be
suspended, provided an affidavit 
12 is properly completed, the appropriate fee
received, and a 
13 permit issued prior to the effective date of the

14 suspension, unless 5 offenses were committed, at least 2 of 
15 which occurred
while operating a commercial vehicle in 
16 connection with the driver's
regular occupation. All other 
17 driving privileges shall be suspended by the
Secretary of 
18 State. Any driver prior to operating a vehicle for

19 occupational purposes only must submit the affidavit on 
20 forms to be
provided by the Secretary of State setting 
21 forth the facts of the person's
occupation. The affidavit 
22 shall also state the number of offenses
committed while 
23 operating a vehicle in connection with the driver's regular

24 occupation. The affidavit shall be accompanied by the 
25 driver's license.
Upon receipt of a properly completed 
26 affidavit, the Secretary of State
shall issue the driver a 
 
 
09800SB1996ham001- 27 -LRB098 06520 MLW 59122 a


1 permit to operate a vehicle in connection with the
driver's 
2 regular occupation only. Unless the permit is issued by the

3 Secretary of State prior to the date of suspension, the 
4 privilege to drive
any motor vehicle shall be suspended as 
5 set forth in the notice that was
mailed under this Section. 
6 If an affidavit is received subsequent to the
effective 
7 date of this suspension, a permit may be issued for the 
8 remainder
of the suspension period.


9  The provisions of this subparagraph shall not apply to 
10 any driver
required to possess a CDL for the purpose of 
11 operating a commercial motor vehicle.


12  Any person who falsely states any fact in the affidavit 
13 required
herein shall be guilty of perjury under Section 
14 6-302 and upon conviction
thereof shall have all driving 
15 privileges revoked without further rights.


16  3. At the conclusion of a hearing under Section 2-118 
17 of this Code,
the Secretary of State shall either rescind 
18 or continue an order of
revocation or shall substitute an 
19 order of suspension; or, good
cause appearing therefor, 
20 rescind, continue, change, or extend the
order of 
21 suspension. If the Secretary of State does not rescind the 
22 order,
the Secretary may upon application,
to relieve undue 
23 hardship (as defined by the rules of the Secretary of 
24 State), issue
a restricted driving permit granting the 
25 privilege of driving a motor
vehicle between the 
26 petitioner's residence and petitioner's place of

 
 
09800SB1996ham001- 28 -LRB098 06520 MLW 59122 a


1 employment or within the scope of the petitioner's 
2 employment related duties, or to
allow the petitioner to 
3 transport himself or herself, or a family member of the

4 petitioner's household to a medical facility, to receive 
5 necessary medical care, to allow the petitioner to 
6 transport himself or herself to and from alcohol or drug

7 remedial or rehabilitative activity recommended by a 
8 licensed service provider, or to allow the petitioner to 
9 transport himself or herself or a family member of the 
10 petitioner's household to classes, as a student, at an 
11 accredited educational institution, or to allow the 
12 petitioner to transport children, elderly persons, or 
13 disabled persons who do not hold driving privileges and are 
14 living in the petitioner's household to and from daycare. 
15 The
petitioner must demonstrate that no alternative means 
16 of
transportation is reasonably available and that the 
17 petitioner will not endanger
the public safety or welfare. 
18 Those multiple offenders identified in subdivision (b)4 of 
19 Section 6-208 of this Code, however, shall not be eligible 
20 for the issuance of a restricted driving permit.

21 
  (A) If a person's license or permit is revoked or 
22 suspended due to 2
or more convictions of violating 
23 Section 11-501 of this Code or a similar
provision of a 
24 local ordinance or a similar out-of-state offense, or 
25 Section 9-3 of the Criminal Code of 1961 or the 
26 Criminal Code of 2012, where the use of alcohol or 
 
 
09800SB1996ham001- 29 -LRB098 06520 MLW 59122 a


1 other drugs is recited as an element of the offense, or 
2 a similar out-of-state offense, or a combination of 
3 these offenses, arising out
of separate occurrences, 
4 that person, if issued a restricted driving permit,
may 
5 not operate a vehicle unless it has been equipped with 
6 an ignition
interlock device as defined in Section 
7 1-129.1.


8   (B) If a person's license or permit is revoked or 
9 suspended 2 or more
times within a 10 year period due 
10 to any combination of:
11    (i) a single conviction of violating Section

12 11-501 of this Code or a similar provision of a 
13 local ordinance or a similar
out-of-state offense 
14 or Section 9-3 of the Criminal Code of 1961 or the 
15 Criminal Code of 2012, where the use of alcohol or 
16 other drugs is recited as an element of the 
17 offense, or a similar out-of-state offense; or
18    (ii) a statutory summary suspension or 
19 revocation under Section
11-501.1; or
20    (iii) a suspension under Section 6-203.1; 
21  arising out of
separate occurrences; that person, if 
22 issued a restricted driving permit, may
not operate a 
23 vehicle unless it has been
equipped with an ignition 
24 interlock device as defined in Section 1-129.1.
25   (C)
The person issued a permit conditioned upon the 
26 use of an ignition interlock device must pay to the 
 
 
09800SB1996ham001- 30 -LRB098 06520 MLW 59122 a


1 Secretary of State DUI Administration Fund an amount

2 not to exceed $30 per month. The Secretary shall 
3 establish by rule the amount
and the procedures, terms, 
4 and conditions relating to these fees.
5   (D) If the
restricted driving permit is issued for 
6 employment purposes, then the prohibition against 
7 operating a motor vehicle that is not equipped with an 
8 ignition interlock device does not apply to the 
9 operation of an occupational vehicle owned or
leased by 
10 that person's employer when used solely for employment 
11 purposes.
12   (E) In each case the Secretary may issue a

13 restricted driving permit for a period deemed 
14 appropriate, except that all
permits shall expire 
15 within one year from the date of issuance. The 
16 Secretary
may not, however, issue a restricted driving 
17 permit to any person whose current
revocation is the 
18 result of a second or subsequent conviction for a 
19 violation
of Section 11-501 of this Code or a similar 
20 provision of a local ordinance
or any similar 
21 out-of-state offense, or Section 9-3 of the Criminal 
22 Code of 1961 or the Criminal Code of 2012, where the 
23 use of alcohol or other drugs is recited as an element 
24 of the offense, or any similar out-of-state offense, or 
25 any combination
of those offenses, until the 
26 expiration of at least one year from the date of
the 
 
 
09800SB1996ham001- 31 -LRB098 06520 MLW 59122 a


1 revocation. A
restricted driving permit issued under 
2 this Section shall be subject to
cancellation, 
3 revocation, and suspension by the Secretary of State in 
4 like
manner and for like cause as a driver's license 
5 issued under this Code may be
cancelled, revoked, or 
6 suspended; except that a conviction upon one or more

7 offenses against laws or ordinances regulating the 
8 movement of traffic
shall be deemed sufficient cause 
9 for the revocation, suspension, or
cancellation of a 
10 restricted driving permit. The Secretary of State may, 
11 as
a condition to the issuance of a restricted driving 
12 permit, require the
applicant to participate in a 
13 designated driver remedial or rehabilitative
program. 
14 The Secretary of State is authorized to cancel a 
15 restricted
driving permit if the permit holder does not 
16 successfully complete the program.

17   (F) A person subject to the provisions of paragraph 
18 (4) of subsection (b) of Section 6-208 of this Code may 
19 make application for a restricted driving permit at a 
20 hearing conducted under Section 2-118 of this Code 
21 after the expiration of 5 years from the effective date 
22 of the most recent revocation or after 5 years from the 
23 date of release from a period of imprisonment resulting 
24 from a conviction of the most recent offense, whichever 
25 is later, provided the person, in addition to all other 
26 requirements of the Secretary, shows by clear and 
 
 
09800SB1996ham001- 32 -LRB098 06520 MLW 59122 a


1 convincing evidence: 
2    (i) a minimum of 3 years of uninterrupted 
3 abstinence from alcohol and the unlawful use or 
4 consumption of cannabis under the Cannabis Control 
5 Act, a controlled substance under the Illinois 
6 Controlled Substances Act, an intoxicating 
7 compound under the Use of Intoxicating Compounds 
8 Act, or methamphetamine under the Methamphetamine 
9 Control and Community Protection Act; and
10    (ii) the successful completion of any 
11 rehabilitative treatment and involvement in any 
12 ongoing rehabilitative activity that may be 
13 recommended by a properly licensed service 
14 provider according to an assessment of the 
15 person's alcohol or drug use under Section 
16 11-501.01 of this Code. 
17   In determining whether an applicant is eligible 
18 for a restricted driving permit under this 
19 subparagraph (F), the Secretary may consider any 
20 relevant evidence, including, but not limited to, 
21 testimony, affidavits, records, and the results of 
22 regular alcohol or drug tests. Persons subject to the 
23 provisions of paragraph (4) of subsection (b) of 
24 Section 6-208 of this Code and who have been convicted 
25 of more than one violation of paragraph (3), paragraph 
26 (4), or paragraph (5) of subsection (a) of Section 
 
 
09800SB1996ham001- 33 -LRB098 06520 MLW 59122 a


1 11-501 of this Code shall not be eligible to apply for 
2 a restricted driving permit under this subparagraph 
3 (F). 
4   A restricted driving permit issued under this 
5 subparagraph (F) shall provide that the holder may only 
6 operate motor vehicles equipped with an ignition 
7 interlock device as required under paragraph (2) of 
8 subsection (c) of Section 6-205 of this Code and 
9 subparagraph (A) of paragraph 3 of subsection (c) of 
10 this Section. The Secretary may revoke a restricted 
11 driving permit or amend the conditions of a restricted 
12 driving permit issued under this subparagraph (F) if 
13 the holder operates a vehicle that is not equipped with 
14 an ignition interlock device, or for any other reason 
15 authorized under this Code. 
16   A restricted driving permit issued under this 
17 subparagraph (F) shall be revoked, and the holder 
18 barred from applying for or being issued a restricted 
19 driving permit in the future, if the holder is 
20 convicted of a violation of Section 11-501 of this 
21 Code, a similar provision of a local ordinance, or a 
22 similar offense in another state. 
23 (c-3) In the case of a suspension under paragraph 43 of 
24subsection (a), reports received by the Secretary of State 
25under this Section shall, except during the actual time the 
26suspension is in effect, be privileged information and for use 
 
 
09800SB1996ham001- 34 -LRB098 06520 MLW 59122 a


1only by the courts, police officers, prosecuting authorities, 
2the driver licensing administrator of any other state, the 
3Secretary of State, or the parent or legal guardian of a driver 
4under the age of 18. However, beginning January 1, 2008, if the 
5person is a CDL holder, the suspension shall also be made 
6available to the driver licensing administrator of any other 
7state, the U.S. Department of Transportation, and the affected 
8driver or motor
carrier or prospective motor carrier upon 
9request.

10 (c-4) In the case of a suspension under paragraph 43 of 
11subsection (a), the Secretary of State shall notify the person 
12by mail that his or her driving privileges and driver's license 
13will be suspended one month after the date of the mailing of 
14the notice.

15 (c-5) The Secretary of State may, as a condition of the 
16reissuance of a
driver's license or permit to an applicant 
17whose driver's license or permit has
been suspended before he 
18or she reached the age of 21 years pursuant to any of
the 
19provisions of this Section, require the applicant to 
20participate in a
driver remedial education course and be 
21retested under Section 6-109 of this
Code.

22 (d) This Section is subject to the provisions of the 
23Drivers License
Compact.

24 (e) The Secretary of State shall not issue a restricted 
25driving permit to
a person under the age of 16 years whose 
26driving privileges have been suspended
or revoked under any 
 
 
09800SB1996ham001- 35 -LRB098 06520 MLW 59122 a


1provisions of this Code.

2 (f) In accordance with 49 C.F.R. 384, the Secretary of 
3State may not issue a restricted driving permit for the 
4operation of a commercial motor vehicle to a person holding a 
5CDL whose driving privileges have been suspended, revoked, 
6cancelled, or disqualified under any provisions of this Code.
7(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 
897-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; 
997-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. 
101-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)




11 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)



12 Sec. 6-208. Period of Suspension - Application After 
13Revocation. 

14 (a) Except as otherwise provided by this Code or any other 
15law of this
State, the Secretary of State shall not suspend a 
16driver's license,
permit, or privilege to drive a motor vehicle 
17on the highways for a
period of more than one year.

18 (b) Any person whose license, permit, or privilege to drive 
19a motor
vehicle on the highways has been revoked shall not be 
20entitled to have
such license, permit, or privilege renewed or 
21restored. However, such
person may, except as provided under 
22subsections (d) and (d-5) of Section 6-205, make
application 
23for a license pursuant to Section 6-106 (i) if the revocation

24was
for a cause that
has been removed or (ii) as provided in 
25the following
subparagraphs:


 
 
09800SB1996ham001- 36 -LRB098 06520 MLW 59122 a


1  1. Except as provided in subparagraphs 1.5, 2, 3,
4, 
2 and 5,
the person may make application for a license (A) 
3 after the expiration of one
year from the effective date of 
4 the revocation, (B) in the case of a violation of paragraph 
5 (b) of Section 11-401 of this
Code or a similar provision 
6 of a local ordinance, after the expiration of 3
years from 
7 the effective date of the revocation, or
(C) in the case of 
8 a violation
of Section 9-3 of the Criminal Code of 1961 or 
9 the Criminal Code of 2012 or a similar provision of a law 
10 of another state relating to the offense of reckless

11 homicide or a violation of subparagraph (F) of paragraph 1 
12 of subsection (d) of Section 11-501 of this Code relating 
13 to aggravated driving under the influence of alcohol, other 
14 drug or drugs, intoxicating compound or compounds, or any 
15 combination thereof, if the violation was the proximate 
16 cause of a death, after the expiration of 2 years from the 
17 effective date of the
revocation
or after the expiration of 
18 24 months from the date of release from
a
period of 
19 imprisonment as provided in Section
6-103 of this Code, 
20 whichever is later.

21  1.5. If the person is convicted of a violation of 
22 Section 6-303 of this Code committed while his or her 
23 driver's license, permit, or privilege was revoked because 
24 of a violation of Section 9-3 of the Criminal Code of 1961 
25 or the Criminal Code of 2012, relating to the offense of 
26 reckless homicide, or a similar provision of a law of 
 
 
09800SB1996ham001- 37 -LRB098 06520 MLW 59122 a


1 another state, the person may not make application for a 
2 license or permit until the expiration of 3 years from the 
3 date of the conviction.


4  2. If such person is convicted of committing a second 
5 violation within a 20-year
period of:


6   (A) Section 11-501 of this Code or a similar 
7 provision of a local
ordinance;


8   (B) Paragraph (b) of Section 11-401 of this Code or 
9 a similar
provision
of a local ordinance;


10   (C) Section 9-3 of the Criminal Code of 1961 or the 
11 Criminal Code of 2012, relating
to the
offense of 
12 reckless homicide; or


13   (D) any combination of the above offenses 
14 committed at different
instances;


15 then such person may not make application for a license 
16 until after
the expiration of 5 years from the effective 
17 date of the most recent
revocation. The 20-year
period 
18 shall be computed by using the dates the
offenses were 
19 committed and shall also include similar out-of-state

20 offenses and similar offenses committed on a military 
21 installation.

22  2.5. If a person is convicted of a second violation of 
23 Section 6-303 of this Code committed while the person's 
24 driver's license, permit, or privilege was revoked because 
25 of a violation of Section 9-3 of the Criminal Code of 1961 
26 or the Criminal Code of 2012, relating to the offense of 
 
 
09800SB1996ham001- 38 -LRB098 06520 MLW 59122 a


1 reckless homicide, or a similar provision of a law of 
2 another state, the person may not make application for a 
3 license or permit until the expiration of 5 years from the 
4 date of release from a term of imprisonment. 

5  3. However, except as provided in subparagraph 4, if 
6 such person is
convicted of committing a third or

7 subsequent violation or any combination of the above 
8 offenses, including
similar out-of-state offenses and 
9 similar offenses committed on a military installation, 
10 contained in subparagraph 2, then such person
may not make 
11 application for a license until after the expiration of 10 
12 years
from the effective date of the most recent 
13 revocation.


14  4. Except as provided in paragraph (1.5) of subsection 
15 (c) of Section 6-205 and subparagraph (F) of paragraph (3) 
16 of subsection (c) of Section 6-206 of this Code, the The 
17 person may not make application for a license if the person 
18 is
convicted of committing a fourth or subsequent
violation 
19 of Section 11-501 of this Code or a similar provision of a 
20 local
ordinance, Section 11-401 of this Code, Section 9-3 
21 of the
Criminal Code of 1961 or the Criminal Code of 2012, 
22 or
a combination of these offenses,
similar provisions of 
23 local ordinances,
similar out-of-state offenses, or 
24 similar offenses committed on a military installation.

25  4.5. A bona fide resident of a foreign jurisdiction who 
26 is subject to the provisions of subparagraph 4 of this 
 
 
09800SB1996ham001- 39 -LRB098 06520 MLW 59122 a


1 subsection (b) may make application for termination of the 
2 revocation after a period of 10 years from the effective 
3 date of the most recent revocation. However, if a person 
4 who has been granted a termination of revocation under this 
5 subparagraph 4.5 subsequently becomes a resident of this 
6 State, the revocation shall be reinstated and the person 
7 shall be subject to the provisions of subparagraph 4. 
8  5. The person may not make application for a license or 
9 permit if the person is convicted of a third or subsequent 
10 violation of Section 6-303 of this Code committed while his 
11 or her driver's license, permit, or privilege was revoked 
12 because of a violation of Section 9-3 of the Criminal Code 
13 of 1961 or the Criminal Code of 2012, relating to the 
14 offense of reckless homicide, or a similar provision of a 
15 law of another state.

16 Notwithstanding any other provision of this Code, all 
17persons referred to
in this paragraph (b) may not have their 
18privileges restored until the
Secretary receives payment of the 
19required reinstatement fee pursuant to
subsection (b) of 
20Section 6-118.

21 In no event shall the Secretary issue such license
unless 
22and until such person has had a hearing pursuant to this Code 
23and
the appropriate administrative rules and the Secretary is

24satisfied, after a review or investigation of such person, that

25to grant the privilege of driving a motor vehicle on the 
26highways will
not endanger the public safety or welfare.

 
 
09800SB1996ham001- 40 -LRB098 06520 MLW 59122 a


1 (c) (Blank). 

2(Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)




3 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)


4 Sec. 6-303. Driving while driver's license, permit or 
5privilege to
operate a motor vehicle is suspended or revoked. 

6 (a) Except as otherwise provided in subsection (a-5), any 
7person who drives or is in actual physical control of a motor

8vehicle on any highway of this State at a time when such 
9person's driver's
license, permit or privilege to do so or the 
10privilege to obtain a driver's
license or permit is revoked or 
11suspended as provided by this Code or the law
of another state, 
12except as may be specifically allowed by a judicial driving

13permit issued prior to January 1, 2009, monitoring device 
14driving permit, family financial responsibility driving 
15permit, probationary
license to drive, or a restricted driving 
16permit issued pursuant to this Code
or under the law of another 
17state, shall be guilty of a Class A misdemeanor.

18 (a-3) A second or subsequent violation of subsection (a) of 
19this Section is a Class 4 felony if committed by a person whose 
20driving or operation of a motor vehicle is the proximate cause 
21of a motor vehicle accident that causes personal injury or 
22death to another. For purposes of this subsection, a personal 
23injury includes any Type A injury as indicated on the traffic 
24accident report completed by a law enforcement officer that 
25requires immediate professional attention in either a doctor's 
 
 
09800SB1996ham001- 41 -LRB098 06520 MLW 59122 a


1office or a medical facility. A Type A injury includes severe 
2bleeding wounds, distorted extremities, and injuries that 
3require the injured party to be carried from the scene. 
4 (a-5) Any person who violates this Section as provided in 
5subsection (a) while his or her driver's license, permit or 
6privilege is revoked because of a violation of Section 9-3 of 
7the Criminal Code of 1961 or the Criminal Code of 2012, 
8relating to the offense of reckless homicide or a similar 
9provision of a law of another state, is guilty of a Class 4 
10felony. The person shall be required to undergo a professional 
11evaluation, as provided in Section 11-501 of this Code, to 
12determine if an alcohol, drug, or intoxicating compound problem 
13exists and the extent of the problem, and to undergo the 
14imposition of treatment as appropriate.

15 (a-10) A person's driver's license, permit, or privilege to 
16obtain a driver's license or permit may be subject to multiple 
17revocations, multiple suspensions, or any combination of both 
18simultaneously. No revocation or suspension shall serve to 
19negate, invalidate, cancel, postpone, or in any way lessen the 
20effect of any other revocation or suspension entered prior or 
21subsequent to any other revocation or suspension. 
22 (b) (Blank).
23 (b-1) Upon receiving a report of the conviction of any 
24violation indicating a person was operating a motor vehicle 
25during the time when the person's driver's license, permit or 
26privilege was suspended by the Secretary of State or the 
 
 
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1driver's licensing administrator of another state, except as 
2specifically allowed by a probationary license, judicial 
3driving permit, restricted driving permit or monitoring device 
4driving permit the Secretary shall extend the suspension for 
5the same period of time as the originally imposed suspension 
6unless the suspension has already expired, in which case the 
7Secretary shall be authorized to suspend the person's driving 
8privileges for the same period of time as the originally 
9imposed suspension. 
10 (b-2) Except as provided in subsection (b-6), upon 
11receiving a report of the conviction of any violation 
12indicating a person was operating a motor vehicle when the 
13person's driver's license, permit or privilege was revoked by 
14the Secretary of State or the driver's license administrator of 
15any other state, except as specifically allowed by a restricted 
16driving permit issued pursuant to this Code or the law of 
17another state, the Secretary shall not issue a driver's license 
18for an additional period of one year from the date of such 
19conviction indicating such person was operating a vehicle 
20during such period of revocation. 
21 (b-3) (Blank).

22 (b-4) When the Secretary of State receives a report of a 
23conviction of any violation indicating a person was operating a 
24motor vehicle that was not equipped with an ignition interlock 
25device during a time when the person was prohibited from 
26operating a motor vehicle not equipped with such a device, the 
 
 
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1Secretary shall not issue a driver's license to that person for 
2an additional period of one year from the date of the 
3conviction.

4 (b-5) Any person convicted of violating this Section shall 
5serve a minimum
term of imprisonment of 30 consecutive days or 
6300
hours of community service
when the person's driving 
7privilege was revoked or suspended as a result of a violation 
8of Section 9-3 of the Criminal Code of 1961 or the Criminal 
9Code of 2012,
relating to the offense of reckless homicide, or 
10a similar provision of a law of another state.

11 (b-6) Upon receiving a report of a first conviction of 
12operating a motor vehicle while the person's driver's license, 
13permit or privilege was revoked where the revocation was for a 
14violation of Section 9-3 of the Criminal Code of 1961 or the 
15Criminal Code of 2012 relating to the offense of reckless 
16homicide or a similar out-of-state offense, the Secretary shall 
17not issue a driver's license for an additional period of three 
18years from the date of such conviction. 
19 (c) Except as provided in subsections (c-3) and (c-4), any 
20person convicted of violating this Section shall serve a 
21minimum
term of imprisonment of 10 consecutive days or 30
days 
22of community service
when the person's driving privilege was 
23revoked or suspended as a result of:


24  (1) a violation of Section 11-501 of this Code or a 
25 similar provision
of a local ordinance relating to the 
26 offense of operating or being in physical
control of a 
 
 
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1 vehicle while under the influence of alcohol, any other 
2 drug
or any combination thereof; or


3  (2) a violation of paragraph (b) of Section 11-401 of 
4 this Code or a
similar provision of a local ordinance 
5 relating to the offense of leaving the
scene of a motor 
6 vehicle accident involving personal injury or death; or


7  (3)
a statutory summary suspension or revocation under 
8 Section 11-501.1 of this
Code.

9 Such sentence of imprisonment or community service shall 
10not be subject
to suspension in order to reduce such sentence.

11 (c-1) Except as provided in subsections (c-5) and (d), any 
12person convicted of a
second violation of this Section shall be 
13ordered by the court to serve a
minimum
of 100 hours of 
14community service.

15 (c-2) In addition to other penalties imposed under this 
16Section, the
court may impose on any person convicted a fourth 
17time of violating this
Section any of
the following:


18  (1) Seizure of the license plates of the person's 
19 vehicle.


20  (2) Immobilization of the person's vehicle for a period 
21 of time
to be determined by the court.

22 (c-3) Any person convicted of a violation of this Section 
23during a period of summary suspension imposed pursuant to 
24Section 11-501.1 when the person was eligible for a MDDP shall 
25be guilty of a Class 4 felony and shall serve a minimum term of 
26imprisonment of 30 days.
 
 
09800SB1996ham001- 45 -LRB098 06520 MLW 59122 a


1 (c-4) Any person who has been issued a MDDP or a restricted 
2driving permit which requires the person to operate only motor 
3vehicles equipped with an ignition interlock device and who is 
4convicted of a violation of this Section as a result of 
5operating or being in actual physical control of a motor 
6vehicle not equipped with an ignition interlock device at the 
7time of the offense shall be guilty of a Class 4 felony and 
8shall serve a minimum term of imprisonment of 30 days.

9 (c-5) Any person convicted of a second violation of this

10Section is guilty of a Class 2 felony, is not eligible for 
11probation or conditional discharge, and shall serve a mandatory 
12term of
imprisonment, if: 
13   (1) the current violation occurred when the person's 
14 driver's license was suspended or revoked for a violation 
15 of Section 9-3 of the Criminal Code of 1961 or the Criminal 
16 Code of 2012, relating
to the offense of reckless homicide, 
17 or a similar out-of-state offense; and 
18  (2) the prior conviction under this Section occurred 
19 while the person's driver's license was suspended or 
20 revoked for a violation of Section 9-3 of the Criminal Code 
21 of 1961 or the Criminal Code of 2012 relating to the 
22 offense of reckless homicide, or a similar out-of-state 
23 offense, or was suspended or revoked for a violation of 
24 Section 11-401 or 11-501 of this Code, a similar 
25 out-of-state offense, a similar provision of a local 
26 ordinance, or a statutory summary suspension or revocation 
 
 
09800SB1996ham001- 46 -LRB098 06520 MLW 59122 a


1 under Section 11-501.1 of this Code.

2 (d) Any person convicted of a second violation of this

3Section shall be guilty of a Class 4 felony and shall serve a 
4minimum term of
imprisonment of 30 days or 300 hours of 
5community service, as determined by the
court, if: 
6   (1) the current violation occurred when the person's 
7 driver's license was suspended or revoked for a violation 
8 of Section 11-401 or 11-501 of this Code,
a similar 
9 out-of-state offense, a similar provision of a local

10 ordinance, or a
statutory summary suspension or revocation 
11 under Section 11-501.1 of this Code; and
12  (2) the prior conviction under this Section occurred 
13 while the person's driver's license was suspended or 
14 revoked for a violation of Section 11-401 or 11-501 of this 
15 Code, a similar out-of-state offense, a similar provision 
16 of a local ordinance, or a statutory summary suspension or 
17 revocation under Section 11-501.1 of this Code, or for a 
18 violation of Section 9-3 of the Criminal Code of 1961 or 
19 the Criminal Code of 2012, relating to the offense of 
20 reckless homicide, or a similar out-of-state offense.

21 (d-1) Except as provided in subsections (d-2), (d-2.5), and 
22(d-3), any
person convicted of
a third or subsequent violation 
23of this Section shall serve a minimum term of
imprisonment of 
2430 days or 300 hours of community service, as determined by the

25court.

26 (d-2) Any person convicted of a third violation of this

 
 
09800SB1996ham001- 47 -LRB098 06520 MLW 59122 a


1Section is guilty of a Class 4 felony and must serve a minimum 
2term of
imprisonment of 30 days, if: 
3   (1) the current violation occurred when the person's 
4 driver's license was suspended or revoked for a violation 
5 of Section 11-401 or 11-501 of this Code,
or a similar 
6 out-of-state offense, or a similar provision of a local

7 ordinance, or a
statutory summary suspension or revocation 
8 under Section 11-501.1 of this Code; and 
9  (2) the prior convictions under this Section occurred 
10 while the person's driver's license was suspended or 
11 revoked for a violation of Section 11-401 or 11-501 of this 
12 Code, a similar out-of-state offense, a similar provision 
13 of a local ordinance, or a statutory summary suspension or 
14 revocation under Section 11-501.1 of this Code, or for a 
15 violation of Section 9-3 of the Criminal Code of 1961 or 
16 the Criminal Code of 2012, relating to the offense of 
17 reckless homicide, or a similar out-of-state offense.

18 (d-2.5) Any person convicted of a third violation of this

19Section is guilty of a Class 1 felony, is not eligible for 
20probation or conditional discharge, and must serve a mandatory 
21term of
imprisonment, if: 
22   (1) the current violation occurred while the person's 
23 driver's license was suspended or revoked for a violation 
24 of Section 9-3 of the Criminal Code of 1961 or the Criminal 
25 Code of 2012, relating to the offense of reckless homicide, 
26 or a similar out-of-state offense.
The person's driving 
 
 
09800SB1996ham001- 48 -LRB098 06520 MLW 59122 a


1 privileges shall be revoked for the remainder of the 
2 person's life; and 
3  (2) the prior convictions under this Section occurred 
4 while the person's driver's license was suspended or 
5 revoked for a violation of Section 9-3 of the Criminal Code 
6 of 1961 or the Criminal Code of 2012, relating to the 
7 offense of reckless homicide, or a similar out-of-state 
8 offense, or was suspended or revoked for a violation of 
9 Section 11-401 or 11-501 of this Code, a similar 
10 out-of-state offense, a similar provision of a local 
11 ordinance, or a statutory summary suspension or revocation 
12 under Section 11-501.1 of this Code.
13 (d-3) Any person convicted of a fourth, fifth, sixth, 
14seventh, eighth, or ninth violation of this
Section is guilty 
15of a Class 4 felony and must serve a minimum term of

16imprisonment of 180 days, if: 
17   (1) the current violation occurred when the person's 
18 driver's license was suspended or revoked for a
violation 
19 of Section 11-401 or 11-501 of this Code, a similar 
20 out-of-state
offense, a similar provision of a local 
21 ordinance, or a statutory
summary suspension or revocation 
22 under Section 11-501.1 of this Code; and 
23  (2) the prior convictions under this Section occurred 
24 while the person's driver's license was suspended or 
25 revoked for a violation of Section 11-401 or 11-501 of this 
26 Code, a similar out-of-state offense, a similar provision 
 
 
09800SB1996ham001- 49 -LRB098 06520 MLW 59122 a


1 of a local ordinance, or a statutory summary suspension or 
2 revocation under Section 11-501.1 of this Code, or for a 
3 violation of Section 9-3 of the Criminal Code of 1961 or 
4 the Criminal Code of 2012, relating to the offense of 
5 reckless homicide, or a similar out-of-state offense.

6 (d-3.5) Any person convicted of a fourth or subsequent 
7violation of this
Section is guilty of a Class 1 felony, is not 
8eligible for probation or conditional discharge, and must serve 
9a mandatory term of
imprisonment, and is eligible for an 
10extended term, if: 
11  (1) the current violation occurred when the person's 
12 driver's license was suspended or revoked for a
violation 
13 of Section 9-3 of the Criminal Code of 1961 or the Criminal 
14 Code of 2012, relating to the offense of reckless homicide, 
15 or a similar out-of-state offense; and 
16  (2) the prior convictions under this Section occurred 
17 while the person's driver's license was suspended or 
18 revoked for a violation of Section 9-3 of the Criminal Code 
19 of 1961 or the Criminal Code of 2012, relating to the 
20 offense of reckless homicide, or a similar out-of-state 
21 offense, or was suspended or revoked for a violation of 
22 Section 11-401 or 11-501 of this Code, a similar 
23 out-of-state offense, a similar provision of a local 
24 ordinance, or a statutory summary suspension or revocation 
25 under Section 11-501.1 of this Code.

26 (d-4) Any person convicted of a tenth, eleventh, twelfth, 
 
 
09800SB1996ham001- 50 -LRB098 06520 MLW 59122 a


1thirteenth, or fourteenth violation of this Section is guilty 
2of a Class 3 felony, and is not eligible for probation or 
3conditional discharge, if: 
4  (1) the current violation occurred when the person's 
5 driver's license was suspended or revoked for a violation 
6 of Section 11-401 or 11-501 of this Code, or a similar 
7 out-of-state offense, or a similar provision of a local 
8 ordinance, or a statutory summary suspension or revocation 
9 under Section 11-501.1 of this Code; and 
10  (2) the prior convictions under this Section occurred 
11 while the person's driver's license was suspended or 
12 revoked for a violation of Section 11-401 or 11-501 of this 
13 Code, a similar out-of-state offense, a similar provision 
14 of a local ordinance, or a statutory suspension or 
15 revocation under Section 11-501.1 of this Code, or for a 
16 violation of Section 9-3 of the Criminal Code of 1961 or 
17 the Criminal Code of 2012, relating to the offense of 
18 reckless homicide, or a similar out-of-state offense.
19 (d-5) Any person convicted of a fifteenth or subsequent 
20violation of this Section is guilty of a Class 2 felony, and is 
21not eligible for probation or conditional discharge, if: 
22   (1) the current violation occurred when the person's 
23 driver's license was suspended or revoked for a violation 
24 of Section 11-401 or 11-501 of this Code, or a similar 
25 out-of-state offense, or a similar provision of a local 
26 ordinance, or a statutory summary suspension or revocation 
 
 
09800SB1996ham001- 51 -LRB098 06520 MLW 59122 a


1 under Section 11-501.1 of this Code; and 
2  (2) the prior convictions under this Section occurred 
3 while the person's driver's license was suspended or 
4 revoked for a violation of Section 11-401 or 11-501 of this 
5 Code, a similar out-of-state offense, a similar provision 
6 of a local ordinance, or a statutory summary suspension or 
7 revocation under Section 11-501.1 of this Code, or for a 
8 violation of Section 9-3 of the Criminal Code of 1961 or 
9 the Criminal Code of 2012, relating to the offense of 
10 reckless homicide, or a similar out-of-state offense.

11 (e) Any person in violation of this Section who is also in 
12violation of
Section 7-601 of this Code relating to mandatory 
13insurance requirements, in
addition to other penalties imposed 
14under this Section, shall have his or her
motor vehicle 
15immediately impounded by the arresting law enforcement 
16officer.
The motor vehicle may be released to any licensed 
17driver upon a showing of
proof of insurance for the vehicle 
18that was impounded and the notarized written
consent for the 
19release by the vehicle owner.

20 (f) For any prosecution under this Section, a certified 
21copy of the
driving abstract of the defendant shall be admitted 
22as proof of any prior
conviction.

23 (g) The motor vehicle used in a violation of this Section 
24is subject
to seizure and forfeiture as provided in Sections 
2536-1 and 36-2 of the
Criminal Code of 2012 if the person's 
26driving privilege was revoked
or suspended as a result of:
 
 
09800SB1996ham001- 52 -LRB098 06520 MLW 59122 a


1  (1) a violation of Section 11-501 of this Code, a 
2 similar provision
of a local ordinance, or a similar 
3 provision of a law of another state;
4  (2) a violation of paragraph (b) of Section 11-401 of 
5 this Code, a
similar provision of a local ordinance, or a 
6 similar provision of a law of another state;
7  (3) a statutory summary suspension or revocation under 
8 Section 11-501.1 of this
Code or a similar provision of a 
9 law of another state; or
10  (4) a violation of Section 9-3 of the Criminal Code of 
11 1961 or the Criminal Code of 2012 relating to the offense 
12 of reckless homicide, or a similar provision of a law of 
13 another state. 

14(Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13; 
1598-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff. 
168-27-13; revised 9-19-13.)".