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| 1 |  |  AN ACT concerning transportation.
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| 2 |  |  Be it enacted by the People of the State of Illinois,  | 
| 3 |  | represented in the General Assembly: 
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| 4 |  |  Section 1. Purpose. The General Assembly recognizes the  | 
| 5 |  | desire of many commendable civic organizations and causes to be  | 
| 6 |  | acknowledged by a special license plate and further recognizes  | 
| 7 |  | that the issuance of special license plates may raise funds  | 
| 8 |  | that will benefit these organizations and causes. However, the  | 
| 9 |  | General Assembly also recognizes that the proliferation of  | 
| 10 |  | special license plates in Illinois creates a significant  | 
| 11 |  | challenge to law enforcement officials who are required to be  | 
| 12 |  | familiar with, recognize, read, and record information from  | 
| 13 |  | more than 100 types of special license plates now being issued  | 
| 14 |  | in Illinois. To address this situation, the purpose of this  | 
| 15 |  | amendatory Act of the 99th General Assembly is to authorize the  | 
| 16 |  | issuance of Universal special license plates. 
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| 17 |  |  Section 5. The Illinois Vehicle Code is amended by changing  | 
| 18 |  | Section 3-600 and by adding Section 3-699.14 as follows:
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| 19 |  |  (625 ILCS 5/3-600) (from Ch. 95 1/2, par. 3-600)
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| 20 |  |  Sec. 3-600. Requirements for issuance of special plates. 
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| 21 |  |  (a) The Secretary of State shall issue only special plates  | 
| 22 |  | that have been authorized by the General Assembly. Except as  | 
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| 1 |  | provided in subsection (a-5), the The Secretary of State shall  | 
| 2 |  | not issue a series of special plates, or Universal special  | 
| 3 |  | plates associated with an organization authorized to issue  | 
| 4 |  | decals for Universal special plates,
unless applications, as  | 
| 5 |  | prescribed by the Secretary, have been received for 2,000
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| 6 |  | 10,000 plates of that series; except that the Secretary of  | 
| 7 |  | State may
prescribe some other required number of applications  | 
| 8 |  | if that number is
sufficient to pay for the total cost of  | 
| 9 |  | designing, manufacturing and
issuing the special license  | 
| 10 |  | plate. Where a special plate is authorized by law to raise  | 
| 11 |  | funds for a specific civic group, charitable entity, or other  | 
| 12 |  | identified organization, or when the civic group, charitable  | 
| 13 |  | entity, or organization is authorized to issue decals for  | 
| 14 |  | Universal special license plates, and where the Secretary of  | 
| 15 |  | State has not received the required number of applications to  | 
| 16 |  | issue that special plate within 2 years of the effective date  | 
| 17 |  | of the Public Act authorizing the special plate or decal, the  | 
| 18 |  | Secretary of State's authority to issue the special plate or a  | 
| 19 |  | Universal special plate associated with that decal is  | 
| 20 |  | nullified. All applications for special plates shall be on a  | 
| 21 |  | form designated by the Secretary and shall be accompanied by  | 
| 22 |  | any civic group's, charitable entity's, or other identified  | 
| 23 |  | fundraising organization's portion of the additional fee  | 
| 24 |  | associated with that plate or decal. All fees collected under  | 
| 25 |  | this Section are non-refundable and shall be deposited in the  | 
| 26 |  | special fund as designated in the enabling legislation,  | 
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| 1 |  | regardless of whether the plate or decal is produced. Upon the  | 
| 2 |  | adoption of this amendatory Act of the 99th General Assembly,  | 
| 3 |  | no further special license plates shall be authorized by the  | 
| 4 |  | General Assembly unless that special license plate is  | 
| 5 |  | authorized under subsection (a-5) of this Section. 
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| 6 |  |  (a-5) If the General Assembly authorizes the issuance of a  | 
| 7 |  | special plate that recognizes the applicant's military service  | 
| 8 |  | or receipt of a military medal or award, the Secretary may  | 
| 9 |  | immediately begin issuing that special plate.  | 
| 10 |  |  (b) The Secretary of State, upon issuing a new series of  | 
| 11 |  | special license
plates, shall notify all law enforcement  | 
| 12 |  | officials of the design, color and
other special features of  | 
| 13 |  | the special license plate series.
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| 14 |  |  (c) This Section shall not apply to the
Secretary of  | 
| 15 |  | State's discretion as established in Section 3-611.
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| 16 |  |  (d) If a law authorizing a special license plate provides  | 
| 17 |  | that the sponsoring organization is to designate a charitable  | 
| 18 |  | entity as the recipient of the funds from the sale of that  | 
| 19 |  | license plate, the designated charitable entity must be in  | 
| 20 |  | compliance with the registration and reporting requirements of  | 
| 21 |  | the Charitable Trust Act and the Solicitation for Charity Act.  | 
| 22 |  | In addition, the charitable entity must annually provide the  | 
| 23 |  | Secretary of State's office a letter of compliance issued by  | 
| 24 |  | the Illinois Attorney General's office verifying the entity is  | 
| 25 |  | in compliance with the Acts. | 
| 26 |  |  In the case of a law in effect before the effective date of  | 
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| 1 |  | this amendatory Act of the 97th General Assembly, the name of  | 
| 2 |  | the charitable entity which is to receive the funds shall be  | 
| 3 |  | provided to the Secretary of State within one year after the  | 
| 4 |  | effective date of this amendatory Act of the 97th General  | 
| 5 |  | Assembly. In the case of a law that takes effect on or after  | 
| 6 |  | the effective date of this amendatory Act of the 97th General  | 
| 7 |  | Assembly, the name of the charitable entity which is to receive  | 
| 8 |  | the funds shall be provided to the Secretary of State within  | 
| 9 |  | one year after the law takes effect. If the organization fails  | 
| 10 |  | to designate an appropriate charitable entity within the  | 
| 11 |  | one-year period, or if the designated charitable entity fails  | 
| 12 |  | to annually provide the Secretary of State a letter of  | 
| 13 |  | compliance issued by the Illinois Attorney General's office,  | 
| 14 |  | any funds collected from the sale of plates authorized for that  | 
| 15 |  | organization and not previously disbursed shall be transferred  | 
| 16 |  | to the General Revenue Fund, and the special plates shall be  | 
| 17 |  | discontinued. | 
| 18 |  |  (e) If fewer than 1,000 sets of any special license plate  | 
| 19 |  | authorized by law and issued by the Secretary of State are  | 
| 20 |  | actively registered for 2 consecutive calendar years, the  | 
| 21 |  | Secretary of State may discontinue the issuance of that special  | 
| 22 |  | license plate or require that special license plate to be  | 
| 23 |  | exchanged for Universal special plates with appropriate  | 
| 24 |  | decals. | 
| 25 |  |  (f) Where special license plates have been discontinued  | 
| 26 |  | pursuant to subsection (d) or (e) of this Section, or when the  | 
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| 1 |  | special license plates are required to be exchanged for  | 
| 2 |  | Universal special plates under subsection (e) of this Section,  | 
| 3 |  | all previously issued plates of that type shall be recalled.  | 
| 4 |  | Owners of vehicles which were registered with recalled plates  | 
| 5 |  | shall not be charged a reclassification or registration sticker  | 
| 6 |  | replacement plate fee upon the issuance of new plates for those  | 
| 7 |  | vehicles.  | 
| 8 |  |  (g) Any special plate that is authorized to be issued for  | 
| 9 |  | motorcycles may also be issued for autocycles.  | 
| 10 |  | (Source: P.A. 97-409, eff. 1-1-12; 98-777, eff. 1-1-15.)
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| 11 |  |  (625 ILCS 5/3-699.14 new) | 
| 12 |  |  Sec. 3-699.14. Universal special license plates. | 
| 13 |  |  (a) In addition to any other special license plate, the  | 
| 14 |  | Secretary, upon receipt of all applicable fees and applications  | 
| 15 |  | made in the form prescribed by the Secretary, may issue  | 
| 16 |  | Universal special license plates to residents of Illinois on  | 
| 17 |  | behalf of organizations that have been authorized by the  | 
| 18 |  | General Assembly to issue decals for Universal special license  | 
| 19 |  | plates. Appropriate documentation, as determined by the  | 
| 20 |  | Secretary, shall accompany each application. Authorized  | 
| 21 |  | organizations shall be designated by amendment to this Section.  | 
| 22 |  | When applying for a Universal special license plate the  | 
| 23 |  | applicant shall inform the Secretary of the name of the  | 
| 24 |  | authorized organization from which the applicant will obtain a  | 
| 25 |  | decal to place on the plate. The Secretary shall make a record  | 
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| 1 |  | of that organization and that organization shall remain  | 
| 2 |  | affiliated with that plate until the plate is surrendered,  | 
| 3 |  | revoked, or otherwise cancelled. The authorized organization  | 
| 4 |  | may charge a fee to offset the cost of producing and  | 
| 5 |  | distributing the decal, but that fee shall be retained by the  | 
| 6 |  | authorized organization and shall be separate and distinct from  | 
| 7 |  | any registration fees charged by the Secretary. No decal,  | 
| 8 |  | sticker, or other material may be affixed to a Universal  | 
| 9 |  | special license plate other than a decal authorized by the  | 
| 10 |  | General Assembly in this Section or a registration renewal  | 
| 11 |  | sticker. The special plates issued under this Section shall be  | 
| 12 |  | affixed only to passenger vehicles of the first division,  | 
| 13 |  | including motorcycles and autocycles, or motor vehicles of the  | 
| 14 |  | second division weighing not more than 8,000 pounds. Plates  | 
| 15 |  | issued under this Section shall expire according to the  | 
| 16 |  | multi-year procedure under Section 3-414.1 of this Code. | 
| 17 |  |  (b) The design, color, and format of the Universal special  | 
| 18 |  | license plate shall be wholly within the discretion of the  | 
| 19 |  | Secretary. Universal special license plates are not required to  | 
| 20 |  | designate "Land of Lincoln", as prescribed in subsection (b) of  | 
| 21 |  | Section 3-412 of this Code. The design shall allow for the  | 
| 22 |  | application of a decal to the plate. Organizations authorized  | 
| 23 |  | by the General Assembly to issue decals for Universal special  | 
| 24 |  | license plates shall comply with rules adopted by the Secretary  | 
| 25 |  | governing the requirements for and approval of Universal  | 
| 26 |  | special license plate decals. The Secretary may, in his or her  | 
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| 1 |  | discretion, allow Universal special license plates to be issued  | 
| 2 |  | as vanity or personalized plates in accordance with Section  | 
| 3 |  | 3-405.1 of this Code. The Secretary of State must make a  | 
| 4 |  | version of the special registration plates authorized under  | 
| 5 |  | this Section in a form appropriate for motorcycles and  | 
| 6 |  | autocycles. | 
| 7 |  |  (c) When authorizing a Universal special license plate, the  | 
| 8 |  | General Assembly shall set forth whether an additional fee is  | 
| 9 |  | to be charged for the plate and, if a fee is to be charged, the  | 
| 10 |  | amount of the fee and how the fee is to be distributed. When  | 
| 11 |  | necessary, the authorizing language shall create a special fund  | 
| 12 |  | in the State treasury into which fees may be deposited for an  | 
| 13 |  | authorized Universal special license plate. Additional fees  | 
| 14 |  | may only be charged if the fee is to be paid over to a State  | 
| 15 |  | agency or to a charitable entity that is in compliance with the  | 
| 16 |  | registration and reporting requirements of the Charitable  | 
| 17 |  | Trust Act and the Solicitation for Charity Act. Any charitable  | 
| 18 |  | entity receiving fees for the sale of Universal special license  | 
| 19 |  | plates shall annually provide the Secretary of State a letter  | 
| 20 |  | of compliance issued by the Attorney General verifying that the  | 
| 21 |  | entity is in compliance with the Charitable Trust Act and the  | 
| 22 |  | Solicitation for Charity Act. | 
| 23 |  |  (d) Upon original issuance and for each registration  | 
| 24 |  | renewal period, in addition to the appropriate registration  | 
| 25 |  | fee, if applicable, the Secretary shall collect any additional  | 
| 26 |  | fees, if required, for issuance of Universal special license  | 
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| 1 |  | plates. The fees shall be collected on behalf of the  | 
| 2 |  | organization designated by the applicant when applying for the  | 
| 3 |  | plate. All fees collected shall be transferred to the State  | 
| 4 |  | agency on whose behalf the fees were collected, or paid into  | 
| 5 |  | the special fund designated in the law authorizing the  | 
| 6 |  | organization to issue decals for Universal special license  | 
| 7 |  | plates. All money in the designated fund shall be distributed  | 
| 8 |  | by the Secretary subject to appropriation by the General  | 
| 9 |  | Assembly.
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| 10 |  |  (625 ILCS 5/3-633 rep.)
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| 11 |  |  Section 10. The Illinois Vehicle Code is amended by  | 
| 12 |  | repealing Section 3-633.
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| 13 |  |  Section 15. "An Act concerning transportation", approved  | 
| 14 |  | August 10, 2015, Public Act 99-333, is amended by adding  | 
| 15 |  | Section 99 as follows:
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| 16 |  |  (P.A. 99-333, Sec. 99 new) | 
| 17 |  |  Sec. 99. Effective date. This Act takes effect December 30,  | 
| 18 |  | 2015.
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| 19 |  |  Section 20. If and only if Senate Bill 627 of the 99th  | 
| 20 |  | General Assembly becomes law as passed by both houses, then the  | 
| 21 |  | Illinois Vehicle Code is amended by changing Sections 6-205 and  | 
| 22 |  | 6-206 as follows:
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| 1 |  |  (625 ILCS 5/6-205)
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| 2 |  |  Sec. 6-205. Mandatory revocation of license or permit;  | 
| 3 |  | Hardship cases. 
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| 4 |  |  (a) Except as provided in this Section, the Secretary of  | 
| 5 |  | State shall
immediately revoke the license, permit, or driving  | 
| 6 |  | privileges of
any driver upon receiving a
report of the  | 
| 7 |  | driver's conviction of any of the following offenses:
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| 8 |  |   1. Reckless homicide resulting from the operation of a  | 
| 9 |  |  motor vehicle;
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| 10 |  |   2. Violation of Section 11-501 of this Code or a  | 
| 11 |  |  similar provision of
a local ordinance relating to the  | 
| 12 |  |  offense of operating or being in physical
control of a  | 
| 13 |  |  vehicle while under the influence of alcohol, other drug or
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| 14 |  |  drugs, intoxicating compound or compounds, or any  | 
| 15 |  |  combination thereof;
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| 16 |  |   3. Any felony under the laws of any State or the  | 
| 17 |  |  federal government
in the commission of which a motor  | 
| 18 |  |  vehicle was used;
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| 19 |  |   4. Violation of Section 11-401 of this Code relating to  | 
| 20 |  |  the offense of
leaving the scene of a traffic accident  | 
| 21 |  |  involving death or personal injury;
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| 22 |  |   5. Perjury or the making of a false affidavit or  | 
| 23 |  |  statement under
oath to the Secretary of State under this  | 
| 24 |  |  Code or under any
other law relating to the ownership or  | 
| 25 |  |  operation of motor vehicles;
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| 1 |  |   6. Conviction upon 3 charges of violation of Section  | 
| 2 |  |  11-503 of this
Code relating to the offense of reckless  | 
| 3 |  |  driving committed within a
period of 12 months;
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| 4 |  |   7. Conviction of any offense
defined in
Section 4-102  | 
| 5 |  |  of this Code;
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| 6 |  |   8. Violation of Section 11-504 of this Code relating to  | 
| 7 |  |  the offense
of drag racing;
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| 8 |  |   9. Violation of Chapters 8 and 9 of this Code;
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| 9 |  |   10. Violation of Section 12-5 of the Criminal Code of  | 
| 10 |  |  1961 or the Criminal Code of 2012 arising from
the use of a  | 
| 11 |  |  motor vehicle;
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| 12 |  |   11. Violation of Section 11-204.1 of this Code relating  | 
| 13 |  |  to aggravated
fleeing or attempting to elude a peace  | 
| 14 |  |  officer;
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| 15 |  |   12. Violation of paragraph (1) of subsection (b) of  | 
| 16 |  |  Section 6-507,
or a similar law of any other state,  | 
| 17 |  |  relating to the
unlawful operation of a commercial motor  | 
| 18 |  |  vehicle;
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| 19 |  |   13. Violation of paragraph (a) of Section 11-502 of  | 
| 20 |  |  this Code or a
similar provision of a local ordinance if  | 
| 21 |  |  the driver has been previously
convicted of a violation of  | 
| 22 |  |  that Section or a similar provision of a local
ordinance  | 
| 23 |  |  and the driver was less than 21 years of age at the time of  | 
| 24 |  |  the
offense;
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| 25 |  |   14. Violation of paragraph (a) of Section 11-506 of  | 
| 26 |  |  this Code or a similar provision of a local ordinance  | 
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| 1 |  |  relating to the offense of street racing;
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| 2 |  |   15. A second or subsequent conviction of driving while  | 
| 3 |  |  the person's driver's license, permit or privileges was  | 
| 4 |  |  revoked for reckless homicide or a similar out-of-state  | 
| 5 |  |  offense;  | 
| 6 |  |   16. Any offense against any provision in this Code, or  | 
| 7 |  |  any local ordinance, regulating the
movement of traffic  | 
| 8 |  |  when that offense was the proximate cause of the death of  | 
| 9 |  |  any person. Any person whose driving privileges have been  | 
| 10 |  |  revoked pursuant to this paragraph may seek to have the  | 
| 11 |  |  revocation terminated or to have the length of revocation  | 
| 12 |  |  reduced by requesting an administrative hearing with the  | 
| 13 |  |  Secretary of State prior to the projected driver's license  | 
| 14 |  |  application eligibility date;  | 
| 15 |  |   17. Violation of subsection (a-2) of Section 11-1301.3  | 
| 16 |  |  of this Code or a similar provision of a local ordinance; | 
| 17 |  |   18. A second or subsequent conviction of illegal  | 
| 18 |  |  possession, while operating or in actual physical control,  | 
| 19 |  |  as a driver, of a motor vehicle, of any controlled  | 
| 20 |  |  substance prohibited under the Illinois Controlled  | 
| 21 |  |  Substances Act, any cannabis prohibited under the Cannabis  | 
| 22 |  |  Control Act, or any methamphetamine prohibited under the  | 
| 23 |  |  Methamphetamine Control and Community Protection Act. A  | 
| 24 |  |  defendant found guilty of this offense while operating a  | 
| 25 |  |  motor vehicle
shall have an entry made in the court record  | 
| 26 |  |  by the presiding judge that
this offense did occur while  | 
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| 1 |  |  the defendant was operating a motor vehicle
and order the  | 
| 2 |  |  clerk of the court to report the violation to the Secretary
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| 3 |  |  of State. | 
| 4 |  |  (b) The Secretary of State shall also immediately revoke  | 
| 5 |  | the license
or permit of any driver in the following  | 
| 6 |  | situations:
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| 7 |  |   1. Of any minor upon receiving the notice provided for  | 
| 8 |  |  in Section
5-901 of the Juvenile Court Act of 1987 that the  | 
| 9 |  |  minor has been
adjudicated under that Act as having  | 
| 10 |  |  committed an offense relating to
motor vehicles prescribed  | 
| 11 |  |  in Section 4-103 of this Code;
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| 12 |  |   2. Of any person when any other law of this State  | 
| 13 |  |  requires either the
revocation or suspension of a license  | 
| 14 |  |  or permit;
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| 15 |  |   3. Of any person adjudicated under the Juvenile Court  | 
| 16 |  |  Act of 1987 based on an offense determined to have been  | 
| 17 |  |  committed in furtherance of the criminal activities of an  | 
| 18 |  |  organized gang as provided in Section 5-710 of that Act,  | 
| 19 |  |  and that involved the operation or use of a motor vehicle  | 
| 20 |  |  or the use of a driver's license or permit. The revocation  | 
| 21 |  |  shall remain in effect for the period determined by the  | 
| 22 |  |  court. Upon the direction of the court, the Secretary shall  | 
| 23 |  |  issue the person a judicial driving permit, also known as a  | 
| 24 |  |  JDP. The JDP shall be subject to the same terms as a JDP  | 
| 25 |  |  issued under Section 6-206.1, except that the court may  | 
| 26 |  |  direct that a JDP issued under this subdivision (b)(3) be  | 
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| 1 |  |  effective immediately.
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| 2 |  |  (c)(1) Whenever a person is convicted of any of the  | 
| 3 |  | offenses enumerated in
this Section, the court may recommend  | 
| 4 |  | and the Secretary of State in his
discretion, without regard to  | 
| 5 |  | whether the recommendation is made by the
court may, upon  | 
| 6 |  | application,
issue to the person a
restricted driving permit  | 
| 7 |  | granting the privilege of driving a motor
vehicle between the  | 
| 8 |  | petitioner's residence and petitioner's place
of employment or  | 
| 9 |  | within the scope of the petitioner's employment related
duties,  | 
| 10 |  | or to allow the petitioner to transport himself or herself or a  | 
| 11 |  | family member
of the petitioner's household to a medical  | 
| 12 |  | facility for the receipt of necessary medical care or to allow  | 
| 13 |  | the
petitioner to transport himself or herself to and from  | 
| 14 |  | alcohol or drug remedial or rehabilitative activity  | 
| 15 |  | recommended by a licensed service provider, or to allow the
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| 16 |  | petitioner to transport himself or herself or a family member  | 
| 17 |  | of the petitioner's household to classes, as a student, at an  | 
| 18 |  | accredited educational
institution, or to allow the petitioner  | 
| 19 |  | to transport children, elderly persons, or disabled persons who  | 
| 20 |  | do not hold driving privileges and are living in the  | 
| 21 |  | petitioner's household to and from daycare; if the petitioner  | 
| 22 |  | is able to demonstrate that no alternative means
of  | 
| 23 |  | transportation is reasonably available and that the petitioner  | 
| 24 |  | will not endanger
the public safety or welfare; provided that  | 
| 25 |  | the Secretary's discretion shall be
limited to cases where  | 
| 26 |  | undue hardship, as defined by the rules of the Secretary of  | 
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| 1 |  | State, would result from a failure to issue the
restricted  | 
| 2 |  | driving permit. Those multiple offenders identified in  | 
| 3 |  | subdivision (b)4 of Section 6-208 of this Code, however, shall  | 
| 4 |  | not be eligible for the issuance of a restricted driving  | 
| 5 |  | permit.
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| 6 |  |   (2) If a person's license or permit is revoked or  | 
| 7 |  |  suspended due to 2 or
more convictions of violating Section  | 
| 8 |  |  11-501 of this Code or a similar
provision of a local  | 
| 9 |  |  ordinance or a similar out-of-state offense, or Section 9-3  | 
| 10 |  |  of the Criminal Code of 1961 or the Criminal Code of 2012,  | 
| 11 |  |  where the use of alcohol or other drugs is recited as an  | 
| 12 |  |  element of the offense, or a similar out-of-state offense,  | 
| 13 |  |  or a combination of these offenses, arising out
of separate  | 
| 14 |  |  occurrences, that person, if issued a restricted driving  | 
| 15 |  |  permit,
may not operate a vehicle unless it has been  | 
| 16 |  |  equipped with an ignition
interlock device as defined in  | 
| 17 |  |  Section 1-129.1.
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| 18 |  |   (3) If:
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| 19 |  |    (A) a person's license or permit is revoked or  | 
| 20 |  |  suspended 2 or more
times due to any combination of: | 
| 21 |  |     (i)
a single conviction of violating Section
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| 22 |  |  11-501 of this Code or a similar provision of a  | 
| 23 |  |  local ordinance or a similar
out-of-state offense,  | 
| 24 |  |  or Section 9-3 of the Criminal Code of 1961 or the  | 
| 25 |  |  Criminal Code of 2012, where the use of alcohol or  | 
| 26 |  |  other drugs is recited as an element of the  | 
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| 1 |  |  offense, or a similar out-of-state offense; or | 
| 2 |  |     (ii)
a statutory summary suspension or  | 
| 3 |  |  revocation under Section
11-501.1; or | 
| 4 |  |     (iii)
a suspension pursuant to Section  | 
| 5 |  |  6-203.1;
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| 6 |  |   arising out of
separate occurrences; or | 
| 7 |  |    (B)
a person has been convicted of one violation of  | 
| 8 |  |  subparagraph (C) or (F) of paragraph (1) of subsection  | 
| 9 |  |  (d) of Section 11-501 of this Code, Section 9-3 of the  | 
| 10 |  |  Criminal Code of 1961 or the Criminal Code of 2012,  | 
| 11 |  |  relating to the offense of reckless homicide where the  | 
| 12 |  |  use of alcohol or other drugs was recited as an element  | 
| 13 |  |  of the offense, or a similar provision of a law of  | 
| 14 |  |  another state;
 | 
| 15 |  |  that person, if issued a restricted
driving permit, may not  | 
| 16 |  |  operate a vehicle unless it has been equipped with an
 | 
| 17 |  |  ignition interlock device as defined in Section 1-129.1.  | 
| 18 |  |   (4)
The person issued a permit conditioned on the use  | 
| 19 |  |  of an ignition interlock device must pay to the Secretary  | 
| 20 |  |  of State DUI Administration Fund an amount
not to exceed  | 
| 21 |  |  $30 per month. The Secretary shall establish by rule the  | 
| 22 |  |  amount
and the procedures, terms, and conditions relating  | 
| 23 |  |  to these fees.  | 
| 24 |  |   (5)
If the restricted driving permit is issued for  | 
| 25 |  |  employment purposes, then
the prohibition against  | 
| 26 |  |  operating a motor vehicle that is not equipped with an  | 
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| 1 |  |  ignition interlock device does not apply to the operation  | 
| 2 |  |  of an occupational vehicle
owned or leased by that person's  | 
| 3 |  |  employer when used solely for employment purposes. For any  | 
| 4 |  |  person who, within a 5-year period, is convicted of a  | 
| 5 |  |  second or subsequent offense under Section 11-501 of this  | 
| 6 |  |  Code, or a similar provision of a local ordinance or  | 
| 7 |  |  similar out-of-state offense, this employment exemption  | 
| 8 |  |  does not apply until either a one year period has elapsed  | 
| 9 |  |  during which that person had his or her driving privileges  | 
| 10 |  |  revoked or a one year period has elapsed during which that  | 
| 11 |  |  person had a restricted driving permit which required the  | 
| 12 |  |  use of an ignition interlock device on every motor vehicle  | 
| 13 |  |  owned or operated by that person.  | 
| 14 |  |   (6)
In each case the Secretary of State may issue a
 | 
| 15 |  |  restricted driving permit for a period he deems  | 
| 16 |  |  appropriate, except that the
permit shall expire within one  | 
| 17 |  |  year from the date of issuance. A restricted
driving permit  | 
| 18 |  |  issued under this Section shall be
subject to cancellation,  | 
| 19 |  |  revocation, and suspension by the Secretary of
State in  | 
| 20 |  |  like manner and for like cause as a driver's license issued
 | 
| 21 |  |  under this Code may be cancelled, revoked, or
suspended;  | 
| 22 |  |  except that a conviction upon one or more offenses against  | 
| 23 |  |  laws or
ordinances regulating the movement of traffic shall  | 
| 24 |  |  be deemed sufficient cause
for the revocation, suspension,  | 
| 25 |  |  or cancellation of a restricted driving permit.
The  | 
| 26 |  |  Secretary of State may, as a condition to the issuance of a  | 
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| 1 |  |  restricted
driving permit, require the petitioner to  | 
| 2 |  |  participate in a designated driver
remedial or  | 
| 3 |  |  rehabilitative program. The Secretary of State is  | 
| 4 |  |  authorized to
cancel a restricted driving permit if the  | 
| 5 |  |  permit holder does not successfully
complete the program.  | 
| 6 |  |  However, if an individual's driving privileges have been
 | 
| 7 |  |  revoked in accordance with paragraph 13 of subsection (a)  | 
| 8 |  |  of this Section, no
restricted driving permit shall be  | 
| 9 |  |  issued until the individual has served 6
months of the  | 
| 10 |  |  revocation period.
 | 
| 11 |  |  (c-5) (Blank).
 | 
| 12 |  |  (c-6) If a person is convicted of a second violation of  | 
| 13 |  | operating a motor vehicle while the person's driver's license,  | 
| 14 |  | permit or privilege was revoked, where the revocation was for a  | 
| 15 |  | violation of Section 9-3 of the Criminal Code of 1961 or the  | 
| 16 |  | Criminal Code of 2012 relating to the offense of reckless  | 
| 17 |  | homicide or a similar out-of-state offense, the person's  | 
| 18 |  | driving privileges shall be revoked pursuant to subdivision  | 
| 19 |  | (a)(15) of this Section. The person may not make application  | 
| 20 |  | for a license or permit until the expiration of five years from  | 
| 21 |  | the effective date of the revocation or the expiration of five  | 
| 22 |  | years from the date of release from a term of imprisonment,  | 
| 23 |  | whichever is later.  | 
| 24 |  |  (c-7) If a person is convicted of a third or subsequent  | 
| 25 |  | violation of operating a motor vehicle while the person's  | 
| 26 |  | driver's license, permit or privilege was revoked, where the  | 
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| 1 |  | revocation was for a violation of Section 9-3 of the Criminal  | 
| 2 |  | Code of 1961 or the Criminal Code of 2012 relating to the  | 
| 3 |  | offense of reckless homicide or a similar out-of-state offense,  | 
| 4 |  | the person may never apply for a license or permit.  | 
| 5 |  |  (d)(1) Whenever a person under the age of 21 is convicted  | 
| 6 |  | under Section
11-501 of this Code or a similar provision of a  | 
| 7 |  | local ordinance or a similar out-of-state offense, the
 | 
| 8 |  | Secretary of State shall revoke the driving privileges of that  | 
| 9 |  | person. One
year after the date of revocation, and upon  | 
| 10 |  | application, the Secretary of
State may, if satisfied that the  | 
| 11 |  | person applying will not endanger the
public safety or welfare,  | 
| 12 |  | issue a restricted driving permit granting the
privilege of  | 
| 13 |  | driving a motor vehicle only between the hours of 5 a.m. and 9
 | 
| 14 |  | p.m. or as otherwise provided by this Section for a period of  | 
| 15 |  | one year.
After this one year period, and upon reapplication  | 
| 16 |  | for a license as
provided in Section 6-106, upon payment of the  | 
| 17 |  | appropriate reinstatement
fee provided under paragraph (b) of  | 
| 18 |  | Section 6-118, the Secretary of State,
in his discretion, may
 | 
| 19 |  | reinstate the petitioner's driver's license and driving  | 
| 20 |  | privileges, or extend the restricted driving permit as many  | 
| 21 |  | times as the
Secretary of State deems appropriate, by  | 
| 22 |  | additional periods of not more than
12 months each.
 | 
| 23 |  |   (2) If a person's license or permit is revoked or  | 
| 24 |  |  suspended due to 2 or
more convictions of violating Section  | 
| 25 |  |  11-501 of this Code or a similar
provision of a local  | 
| 26 |  |  ordinance or a similar out-of-state offense, or Section 9-3  | 
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| 1 |  |  of the Criminal Code of 1961 or the Criminal Code of 2012,  | 
| 2 |  |  where the use of alcohol or other drugs is recited as an  | 
| 3 |  |  element of the offense, or a similar out-of-state offense,  | 
| 4 |  |  or a combination of these offenses, arising out
of separate  | 
| 5 |  |  occurrences, that person, if issued a restricted driving  | 
| 6 |  |  permit,
may not operate a vehicle unless it has been  | 
| 7 |  |  equipped with an ignition
interlock device as defined in  | 
| 8 |  |  Section 1-129.1.
 | 
| 9 |  |   (3) If a person's license or permit is revoked or  | 
| 10 |  |  suspended 2 or more times
due to any combination of: | 
| 11 |  |    (A) a single conviction of violating Section  | 
| 12 |  |  11-501
of this
Code or a similar provision of a local  | 
| 13 |  |  ordinance or a similar out-of-state
offense, or  | 
| 14 |  |  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 offense, or  | 
| 17 |  |  a similar out-of-state offense; or | 
| 18 |  |    (B)
a statutory summary suspension or revocation  | 
| 19 |  |  under Section 11-501.1; or  | 
| 20 |  |    (C) a suspension pursuant to Section 6-203.1; | 
| 21 |  |  arising out of separate occurrences, that person, if issued  | 
| 22 |  |  a
restricted
driving permit, may not operate a vehicle  | 
| 23 |  |  unless it has been equipped with an
ignition interlock  | 
| 24 |  |  device as defined in Section 1-129.1. | 
| 25 |  |   (3.5) If a person's license or permit is revoked or  | 
| 26 |  |  suspended due to a conviction for a violation of  | 
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| 1 |  |  subparagraph (C) or (F) of paragraph (1) of subsection (d)  | 
| 2 |  |  of Section 11-501 of this Code, or a similar provision of a  | 
| 3 |  |  local ordinance or similar out-of-state offense, that  | 
| 4 |  |  person, if issued a restricted driving permit, may not  | 
| 5 |  |  operate a vehicle unless it has been equipped with an  | 
| 6 |  |  ignition interlock device as defined in Section 1-129.1.  | 
| 7 |  |   (4)
The person issued a permit conditioned upon the use  | 
| 8 |  |  of an interlock device must pay to the Secretary of State  | 
| 9 |  |  DUI Administration Fund an amount
not to exceed $30 per  | 
| 10 |  |  month. The Secretary shall establish by rule the amount
and  | 
| 11 |  |  the procedures, terms, and conditions relating to these  | 
| 12 |  |  fees. | 
| 13 |  |   (5)
If the restricted driving permit is issued for  | 
| 14 |  |  employment purposes, then
the prohibition against driving  | 
| 15 |  |  a vehicle that is not equipped with an ignition interlock  | 
| 16 |  |  device does not apply to the operation of an occupational  | 
| 17 |  |  vehicle
owned or leased by that person's employer when used  | 
| 18 |  |  solely for employment purposes. For any person who, within  | 
| 19 |  |  a 5-year period, is convicted of a second or subsequent  | 
| 20 |  |  offense under Section 11-501 of this Code, or a similar  | 
| 21 |  |  provision of a local ordinance or similar out-of-state  | 
| 22 |  |  offense, this employment exemption does not apply until  | 
| 23 |  |  either a one year period has elapsed during which that  | 
| 24 |  |  person had his or her driving privileges revoked or a one  | 
| 25 |  |  year period has elapsed during which that person had a  | 
| 26 |  |  restricted driving permit which required the use of an  | 
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| 1 |  |  ignition interlock device on every motor vehicle owned or  | 
| 2 |  |  operated by that person. | 
| 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  | 
| 13 |  | privileges of a person convicted of a third or subsequent  | 
| 14 |  | violation of Section 6-303 of this Code committed while his or  | 
| 15 |  | her driver's license, permit, or privilege was revoked because  | 
| 16 |  | of a violation of Section 9-3 of the Criminal Code of 1961 or  | 
| 17 |  | the Criminal Code of 2012, relating to the offense of reckless  | 
| 18 |  | homicide, or a similar provision of a law of another state, is  | 
| 19 |  | permanent. The Secretary may not, at any time, issue a license  | 
| 20 |  | or permit to that person.
 | 
| 21 |  |  (e) This Section is subject to the provisions of the Driver  | 
| 22 |  | License
Compact.
 | 
| 23 |  |  (f) Any revocation imposed upon any person under  | 
| 24 |  | subsections 2
and 3 of paragraph (b) that is in effect on  | 
| 25 |  | December 31, 1988 shall be
converted to a suspension for a like  | 
| 26 |  | period of time.
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| 1 |  |  (g) The Secretary of State shall not issue a restricted  | 
| 2 |  | driving permit to
a person under the age of 16 years whose  | 
| 3 |  | driving privileges have been revoked
under any provisions of  | 
| 4 |  | this Code.
 | 
| 5 |  |  (h) The Secretary of State shall require the use of  | 
| 6 |  | ignition interlock
devices on all vehicles owned by a person  | 
| 7 |  | who has been convicted of a
second or subsequent offense under  | 
| 8 |  | Section 11-501 of this Code or a similar
provision of a local  | 
| 9 |  | ordinance. The person must pay to the Secretary of State DUI  | 
| 10 |  | Administration Fund an amount not to exceed $30 for each month  | 
| 11 |  | that he or she uses the device. The Secretary shall establish  | 
| 12 |  | by rule and
regulation the procedures for certification and use  | 
| 13 |  | of the interlock
system, the amount of the fee, and the  | 
| 14 |  | procedures, terms, and conditions relating to these fees.
 | 
| 15 |  |  (i) (Blank).
 | 
| 16 |  |  (j) In accordance with 49 C.F.R. 384, the Secretary of  | 
| 17 |  | State may not issue a restricted driving permit for the  | 
| 18 |  | operation of a commercial motor vehicle to a person holding a  | 
| 19 |  | CDL whose driving privileges have been revoked, suspended,  | 
| 20 |  | cancelled, or disqualified under any provisions of this Code.
 | 
| 21 |  | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;  | 
| 22 |  | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.  | 
| 23 |  | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.  | 
| 24 |  | 1-1-13; 97-1150, eff. 1-25-13; 09900SB0627enr.)
 | 
| 25 |  |  (625 ILCS 5/6-206)
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| 1 |  |  Sec. 6-206. Discretionary authority to suspend or revoke  | 
| 2 |  | license or
permit; Right to a hearing.
 | 
| 3 |  |  (a) The Secretary of State is authorized to suspend or  | 
| 4 |  | revoke the
driving privileges of any person without preliminary  | 
| 5 |  | hearing upon a showing
of the person's records or other  | 
| 6 |  | sufficient 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 or in  | 
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| 1 |  |  another state of or for a traffic related offense that is  | 
| 2 |  |  the
same as or similar to an offense specified under  | 
| 3 |  |  Section 6-205 or 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;
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| 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  | 
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| 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;
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| 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
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| 25 |  |  suspended or revoked pursuant to subparagraph 36 of this  | 
| 26 |  |  Section; | 
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| 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,  | 
| 13 |  | and 27 of this
subsection, license means any driver's license,  | 
| 14 |  | any traffic ticket issued when
the person's driver's license is  | 
| 15 |  | deposited in lieu of bail, a suspension
notice issued by the  | 
| 16 |  | Secretary of State, a duplicate or corrected driver's
license,  | 
| 17 |  | a probationary driver's license or a temporary driver's  | 
| 18 |  | license. | 
| 19 |  |  (b) If any conviction forming the basis of a suspension or
 | 
| 20 |  | revocation authorized under this Section is appealed, the
 | 
| 21 |  | Secretary of State may rescind or withhold the entry of the  | 
| 22 |  | order of suspension
or revocation, as the case may be, provided  | 
| 23 |  | that a certified copy of a stay
order of a court is filed with  | 
| 24 |  | the Secretary of State. If the conviction is
affirmed on  | 
| 25 |  | appeal, the date of the conviction shall relate back to the  | 
| 26 |  | time
the original judgment of conviction was entered and the 6  | 
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| 1 |  | month limitation
prescribed shall not apply.
 | 
| 2 |  |  (c) 1. Upon suspending or revoking the driver's license or  | 
| 3 |  | permit of
any person as authorized in this Section, the  | 
| 4 |  | Secretary of State shall
immediately notify the person in  | 
| 5 |  | writing of the revocation or suspension.
The notice to be  | 
| 6 |  | deposited in the United States mail, postage prepaid,
to the  | 
| 7 |  | last known address of the person.
 | 
| 8 |  |  2. If the Secretary of State suspends the driver's license
 | 
| 9 |  | of a person under subsection 2 of paragraph (a) of this  | 
| 10 |  | Section, a
person's privilege to operate a vehicle as an  | 
| 11 |  | occupation shall not be
suspended, provided an affidavit is  | 
| 12 |  | properly completed, the appropriate fee
received, and a permit  | 
| 13 |  | issued prior to the effective date of the
suspension, unless 5  | 
| 14 |  | offenses were committed, at least 2 of which occurred
while  | 
| 15 |  | operating a commercial vehicle in connection with the driver's
 | 
| 16 |  | regular occupation. All other driving privileges shall be  | 
| 17 |  | suspended by the
Secretary of State. Any driver prior to  | 
| 18 |  | operating a vehicle for
occupational purposes only must submit  | 
| 19 |  | the affidavit on forms to be
provided by the Secretary of State  | 
| 20 |  | setting forth the facts of the person's
occupation. The  | 
| 21 |  | affidavit shall also state the number of offenses
committed  | 
| 22 |  | while operating a vehicle in connection with the driver's  | 
| 23 |  | regular
occupation. The affidavit shall be accompanied by the  | 
| 24 |  | driver's license.
Upon receipt of a properly completed  | 
| 25 |  | affidavit, the Secretary of State
shall issue the driver a  | 
| 26 |  | permit to operate a vehicle in connection with the
driver's  | 
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| 1 |  | regular occupation only. Unless the permit is issued by the
 | 
| 2 |  | Secretary of State prior to the date of suspension, the  | 
| 3 |  | privilege to drive
any motor vehicle shall be suspended as set  | 
| 4 |  | forth in the notice that was
mailed under this Section. If an  | 
| 5 |  | affidavit is received subsequent to the
effective date of this  | 
| 6 |  | suspension, a permit may be issued for the remainder
of the  | 
| 7 |  | suspension period.
 | 
| 8 |  |  The provisions of this subparagraph shall not apply to any  | 
| 9 |  | driver
required to possess a CDL for the purpose of operating a  | 
| 10 |  | commercial motor vehicle.
 | 
| 11 |  |  Any person who falsely states any fact in the affidavit  | 
| 12 |  | required
herein shall be guilty of perjury under Section 6-302  | 
| 13 |  | and upon conviction
thereof shall have all driving privileges  | 
| 14 |  | revoked without further rights.
 | 
| 15 |  |  3. At the conclusion of a hearing under Section 2-118 of  | 
| 16 |  | this Code,
the Secretary of State shall either rescind or  | 
| 17 |  | continue an order of
revocation or shall substitute an order of  | 
| 18 |  | suspension; or, good
cause appearing therefor, rescind,  | 
| 19 |  | continue, change, or extend the
order of suspension. If the  | 
| 20 |  | Secretary of State does not rescind the order,
the Secretary  | 
| 21 |  | may upon application,
to relieve undue hardship (as defined by  | 
| 22 |  | the rules of the Secretary of State), issue
a restricted  | 
| 23 |  | driving permit granting the privilege of driving a motor
 | 
| 24 |  | vehicle between the petitioner's residence and petitioner's  | 
| 25 |  | place of
employment or within the scope of the petitioner's  | 
| 26 |  | employment related duties, or to
allow the petitioner to  | 
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| 1 |  | transport himself or herself, or a family member of the
 | 
| 2 |  | petitioner's household to a medical facility, to receive  | 
| 3 |  | necessary medical care, to allow the petitioner to transport  | 
| 4 |  | himself or herself to and from alcohol or drug
remedial or  | 
| 5 |  | rehabilitative activity recommended by a licensed service  | 
| 6 |  | provider, or to allow the petitioner to transport himself or  | 
| 7 |  | herself or a family member of the petitioner's household to  | 
| 8 |  | classes, as a student, at an accredited educational  | 
| 9 |  | institution, or to allow the petitioner to transport children,  | 
| 10 |  | elderly persons, or disabled persons who do not hold driving  | 
| 11 |  | privileges and are living in the petitioner's household to and  | 
| 12 |  | from daycare. The
petitioner must demonstrate that no  | 
| 13 |  | alternative means of
transportation is reasonably available  | 
| 14 |  | and that the petitioner will not endanger
the public safety or  | 
| 15 |  | welfare. Those multiple offenders identified in subdivision  | 
| 16 |  | (b)4 of Section 6-208 of this Code, however, shall not be  | 
| 17 |  | eligible for the issuance of a restricted driving permit.
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| 18 |  |   (A) If a person's license or permit is revoked or  | 
| 19 |  |  suspended due to 2
or more convictions of violating Section  | 
| 20 |  |  11-501 of this Code or a similar
provision of a local  | 
| 21 |  |  ordinance or a similar out-of-state offense, or Section 9-3  | 
| 22 |  |  of the Criminal Code of 1961 or the Criminal Code of 2012,  | 
| 23 |  |  where the use of alcohol or other drugs is recited as an  | 
| 24 |  |  element of the offense, or a similar out-of-state offense,  | 
| 25 |  |  or a combination of these offenses, arising out
of separate  | 
| 26 |  |  occurrences, that person, if issued a restricted driving  | 
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| 1 |  |  permit,
may not operate a vehicle unless it has been  | 
| 2 |  |  equipped with an ignition
interlock device as defined in  | 
| 3 |  |  Section 1-129.1.
 | 
| 4 |  |   (B) If a person's license or permit is revoked or  | 
| 5 |  |  suspended 2 or more
times due to any combination of: | 
| 6 |  |    (i) a single conviction of violating Section
 | 
| 7 |  |  11-501 of this Code or a similar provision of a local  | 
| 8 |  |  ordinance or a similar
out-of-state offense or Section  | 
| 9 |  |  9-3 of the Criminal Code of 1961 or the Criminal Code  | 
| 10 |  |  of 2012, where the use of alcohol or other drugs is  | 
| 11 |  |  recited as an element of the offense, or a similar  | 
| 12 |  |  out-of-state offense; or | 
| 13 |  |    (ii) a statutory summary suspension or revocation  | 
| 14 |  |  under Section
11-501.1; or | 
| 15 |  |    (iii) a suspension under Section 6-203.1;  | 
| 16 |  |  arising out of
separate occurrences; that person, if issued  | 
| 17 |  |  a restricted driving permit, may
not operate a vehicle  | 
| 18 |  |  unless it has been
equipped with an ignition interlock  | 
| 19 |  |  device as defined in Section 1-129.1. | 
| 20 |  |   (B-5) If a person's license or permit is revoked or  | 
| 21 |  |  suspended due to a conviction for a violation of  | 
| 22 |  |  subparagraph (C) or (F) of paragraph (1) of subsection (d)  | 
| 23 |  |  of Section 11-501 of this Code, or a similar provision of a  | 
| 24 |  |  local ordinance or similar out-of-state offense, that  | 
| 25 |  |  person, if issued a restricted driving permit, may not  | 
| 26 |  |  operate a vehicle unless it has been equipped with an  | 
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| 1 |  |  ignition interlock device as defined in Section 1-129.1.  | 
| 2 |  |   (C)
The person issued a permit conditioned upon the use  | 
| 3 |  |  of an ignition interlock device must pay to the Secretary  | 
| 4 |  |  of State DUI Administration Fund an amount
not to exceed  | 
| 5 |  |  $30 per month. The Secretary shall establish by rule the  | 
| 6 |  |  amount
and the procedures, terms, and conditions relating  | 
| 7 |  |  to these fees. | 
| 8 |  |   (D) If the
restricted driving permit is issued for  | 
| 9 |  |  employment purposes, then the prohibition against  | 
| 10 |  |  operating a motor vehicle that is not equipped with an  | 
| 11 |  |  ignition interlock device does not apply to the operation  | 
| 12 |  |  of an occupational vehicle owned or
leased by that person's  | 
| 13 |  |  employer when used solely for employment purposes. For any  | 
| 14 |  |  person who, within a 5-year period, is convicted of a  | 
| 15 |  |  second or subsequent offense under Section 11-501 of this  | 
| 16 |  |  Code, or a similar provision of a local ordinance or  | 
| 17 |  |  similar out-of-state offense, this employment exemption  | 
| 18 |  |  does not apply until either a one year period has elapsed  | 
| 19 |  |  during which that person had his or her driving privileges  | 
| 20 |  |  revoked or a one year period has elapsed during which that  | 
| 21 |  |  person had a restricted driving permit which required the  | 
| 22 |  |  use of an ignition interlock device on every motor vehicle  | 
| 23 |  |  owned or operated by that person. | 
| 24 |  |   (E) In each case the Secretary may issue a
restricted  | 
| 25 |  |  driving permit for a period deemed appropriate, except that  | 
| 26 |  |  all
permits shall expire within one year from the date of  | 
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| 1 |  |  issuance. A
restricted driving permit issued under this  | 
| 2 |  |  Section shall be subject to
cancellation, revocation, and  | 
| 3 |  |  suspension by the Secretary of State in like
manner and for  | 
| 4 |  |  like cause as a driver's license issued under this Code may  | 
| 5 |  |  be
cancelled, revoked, or suspended; except that a  | 
| 6 |  |  conviction upon one or more
offenses against laws or  | 
| 7 |  |  ordinances regulating the movement of traffic
shall be  | 
| 8 |  |  deemed sufficient cause for the revocation, suspension, or
 | 
| 9 |  |  cancellation of a restricted driving permit. The Secretary  | 
| 10 |  |  of State may, as
a condition to the issuance of a  | 
| 11 |  |  restricted driving permit, require the
applicant to  | 
| 12 |  |  participate in a designated driver remedial or  | 
| 13 |  |  rehabilitative
program. The Secretary of State is  | 
| 14 |  |  authorized to cancel a restricted
driving permit if the  | 
| 15 |  |  permit holder does not successfully complete the program.
 | 
| 16 |  |  (c-3) In the case of a suspension under paragraph 43 of  | 
| 17 |  | subsection (a), reports received by the Secretary of State  | 
| 18 |  | under this Section shall, except during the actual time the  | 
| 19 |  | suspension is in effect, be privileged information and for use  | 
| 20 |  | only by the courts, police officers, prosecuting authorities,  | 
| 21 |  | the driver licensing administrator of any other state, the  | 
| 22 |  | Secretary of State, or the parent or legal guardian of a driver  | 
| 23 |  | under the age of 18. However, beginning January 1, 2008, if the  | 
| 24 |  | person is a CDL holder, the suspension shall also be made  | 
| 25 |  | available to the driver licensing administrator of any other  | 
| 26 |  | state, the U.S. Department of Transportation, and the affected  | 
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| 1 |  | driver or motor
carrier or prospective motor carrier upon  | 
| 2 |  | request.
 | 
| 3 |  |  (c-4) In the case of a suspension under paragraph 43 of  | 
| 4 |  | subsection (a), the Secretary of State shall notify the person  | 
| 5 |  | by mail that his or her driving privileges and driver's license  | 
| 6 |  | will be suspended one month after the date of the mailing of  | 
| 7 |  | the notice.
 | 
| 8 |  |  (c-5) The Secretary of State may, as a condition of the  | 
| 9 |  | reissuance of a
driver's license or permit to an applicant  | 
| 10 |  | whose driver's license or permit has
been suspended before he  | 
| 11 |  | or she reached the age of 21 years pursuant to any of
the  | 
| 12 |  | provisions of this Section, require the applicant to  | 
| 13 |  | participate in a
driver remedial education course and be  | 
| 14 |  | retested under Section 6-109 of this
Code.
 | 
| 15 |  |  (d) This Section is subject to the provisions of the  | 
| 16 |  | Drivers License
Compact.
 | 
| 17 |  |  (e) The Secretary of State shall not issue a restricted  | 
| 18 |  | driving permit to
a person under the age of 16 years whose  | 
| 19 |  | driving privileges have been suspended
or revoked under any  | 
| 20 |  | provisions of this Code.
 | 
| 21 |  |  (f) In accordance with 49 C.F.R. 384, the Secretary of  | 
| 22 |  | State may not issue a restricted driving permit for the  | 
| 23 |  | operation of a commercial motor vehicle to a person holding a  | 
| 24 |  | CDL whose driving privileges have been suspended, revoked,  | 
| 25 |  | cancelled, or disqualified under any provisions of this Code. | 
| 26 |  | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;  | 
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| 1 |  | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;  | 
| 2 |  | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.  | 
| 3 |  | 1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.  | 
| 4 |  | 7-16-14; 09900SB0627enr.)
 |