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1		AN ACT concerning transportation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Vehicle Code is amended by changing
5		Sections 6-205 and 6-206 as follows:
6		(625 ILCS 5/6-205)
7		Sec. 6-205. Mandatory revocation of license or permit;
8		Hardship cases.
9		(a) Except as provided in this Section, the Secretary of
10		State shall immediately revoke the license, permit, or driving
11		privileges of any driver upon receiving a report of the
12		driver'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
17		offense of operating or being in physical control of a
18		vehicle while under the influence of alcohol, other drug or
19		drugs, intoxicating compound or compounds, or any
20		combination thereof;
21		3. Any felony under the laws of any State or the
22		federal government in the commission of which a motor
23		vehicle was used;

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1		4. Violation of Section 11-401 of this Code relating to
2		the offense of leaving the scene of a traffic accident
3		involving death or personal injury;
4		5. Perjury or the making of a false affidavit or
5		statement under oath to the Secretary of State under this
6		Code or under any other law relating to the ownership or
7		operation of motor vehicles;
8		6. Conviction upon 3 charges of violation of Section
9		11-503 of this Code relating to the offense of reckless
10		driving committed within a period of 12 months;
11		7. Conviction of any offense defined in Section 4-102
12		of this Code;
13		8. Violation of Section 11-504 of this Code relating to
14		the offense of drag racing;
15		9. Violation of Chapters 8 and 9 of this Code;
16		10. Violation of Section 12-5 of the Criminal Code of
17		1961 or the Criminal Code of 2012 arising from the use of a
18		motor vehicle;
19		11. Violation of Section 11-204.1 of this Code relating
20		to aggravated fleeing or attempting to elude a peace
21		officer;
22		12. Violation of paragraph (1) of subsection (b) of
23		Section 6-507, or a similar law of any other state,
24		relating to the unlawful operation of a commercial motor
25		vehicle;
26		13. Violation of paragraph (a) of Section 11-502 of

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

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1		substance prohibited under the Illinois Controlled
2		Substances Act, any cannabis prohibited under the Cannabis
3		Control Act, or any methamphetamine prohibited under the
4		Methamphetamine Control and Community Protection Act. A
5		defendant found guilty of this offense while operating a
6		motor vehicle shall have an entry made in the court record
7		by the presiding judge that this offense did occur while
8		the defendant was operating a motor vehicle and order the
9		clerk of the court to report the violation to the Secretary
10		of State.
11		(b) The Secretary of State shall also immediately revoke
12		the license or permit of any driver in the following
13		situations:
14		1. Of any minor upon receiving the notice provided for
15		in Section 5-901 of the Juvenile Court Act of 1987 that the
16		minor has been adjudicated under that Act as having
17		committed an offense relating to motor vehicles prescribed
18		in Section 4-103 of this Code;
19		2. Of any person when any other law of this State
20		requires either the revocation or suspension of a license
21		or permit;
22		3. Of any person adjudicated under the Juvenile Court
23		Act of 1987 based on an offense determined to have been
24		committed in furtherance of the criminal activities of an
25		organized gang as provided in Section 5-710 of that Act,
26		and that involved the operation or use of a motor vehicle

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1		or the use of a driver's license or permit. The revocation
2		shall remain in effect for the period determined by the
3		court. Upon the direction of the court, the Secretary shall
4		issue the person a judicial driving permit, also known as a
5		JDP. The JDP shall be subject to the same terms as a JDP
6		issued under Section 6-206.1, except that the court may
7		direct that a JDP issued under this subdivision (b)(3) be
8		effective immediately.
9		(c)(1) Whenever a person is convicted of any of the
10		offenses enumerated in this Section, the court may recommend
11		and the Secretary of State in his discretion, without regard to
12		whether the recommendation is made by the court may, upon
13		application, issue to the person a restricted driving permit
14		granting the privilege of driving a motor vehicle between the
15		petitioner's residence and petitioner's place of employment or
16		within the scope of the petitioner's employment related duties,
17		or to allow the petitioner to transport himself or herself or a
18		family member of the petitioner's household to a medical
19		facility for the receipt of necessary medical care or to allow
20		the petitioner to transport himself or herself to and from
21		alcohol or drug remedial or rehabilitative activity
22		recommended by a licensed service provider, or to allow the
23		petitioner to transport himself or herself or a family member
24		of the petitioner's household to classes, as a student, at an
25		accredited educational institution, or to allow the petitioner
26		to transport children, elderly persons, or disabled persons who

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1		do not hold driving privileges and are living in the
2		petitioner's household to and from daycare; if the petitioner
3		is able to demonstrate that no alternative means of
4		transportation is reasonably available and that the petitioner
5		will not endanger the public safety or welfare; provided that
6		the Secretary's discretion shall be limited to cases where
7		undue hardship, as defined by the rules of the Secretary of
8		State, would result from a failure to issue the restricted
9		driving permit. Those multiple offenders identified in
10		subdivision (b)4 of Section 6-208 of this Code, however, shall
11		not be eligible for the issuance of a restricted driving
12		permit.
13		(2) If a person's license or permit is revoked or
14		suspended due to 2 or more convictions of violating Section
15		11-501 of this Code or a similar provision of a local
16		ordinance or a similar out-of-state offense, or Section 9-3
17		of the Criminal Code of 1961 or the Criminal Code of 2012,
18		where the use of alcohol or other drugs is recited as an
19		element of the offense, or a similar out-of-state offense,
20		or a combination of these offenses, arising out of separate
21		occurrences, that person, if issued a restricted driving
22		permit, may not operate a vehicle unless it has been
23		equipped with an ignition interlock device as defined in
24		Section 1-129.1.
25		(3) If:
26		(A) 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
2		to any combination of:
3		(i) a single conviction of violating Section
4		11-501 of this Code or a similar provision of a
5		local ordinance or a similar out-of-state offense,
6		or 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
9		offense, or a similar out-of-state offense; or
10		(ii) a statutory summary suspension or
11		revocation under Section 11-501.1; or
12		(iii) a suspension pursuant to Section
13		6-203.1;
14		arising out of separate occurrences; or
15		(B) a person has been convicted of one violation of
16		Section 6-303 of this Code committed while his or her
17		driver's license, permit, or privilege was revoked
18		because of a violation of Section 9-3 of the Criminal
19		Code of 1961 or the Criminal Code of 2012, relating to
20		the offense of reckless homicide where the use of
21		alcohol or other drugs was recited as an element of the
22		offense, or a similar provision of a law of another
23		state; or
24		(C) a person has been convicted of one violation of
25		subparagraph (C) or (F) of paragraph (1) of subsection
26		(d) of Section 11-501 of this Code or a similar

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1		provision of a local ordinance or similar out-of-state
2		offense;
3		that person, if issued a restricted driving permit, may not
4		operate a vehicle unless it has been equipped with an
5		ignition interlock device as defined in Section 1-129.1.
6		(4) The person issued a permit conditioned on the use
7		of an ignition interlock device must pay to the Secretary
8		of State DUI Administration Fund an amount not to exceed
9		$30 per month. The Secretary shall establish by rule the
10		amount and the procedures, terms, and conditions relating
11		to these fees.
12		(5) If the restricted driving permit is issued for
13		employment purposes, then the prohibition against
14		operating a motor vehicle that is not equipped with an
15		ignition interlock device does not apply to the operation
16		of an occupational vehicle owned or leased by that person's
17		employer when used solely for employment purposes.
18		(6) In each case the Secretary of State may issue a
19		restricted driving permit for a period he deems
20		appropriate, except that the permit shall expire within one
21		year from the date of issuance. The Secretary may not,
22		however, issue a restricted driving permit to any person
23		whose current revocation is the result of a second or
24		subsequent conviction for a violation of Section 11-501 of
25		this Code or a similar provision of a local ordinance or
26		any similar out-of-state offense, or Section 9-3 of the

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

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

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1		driving a motor vehicle only between the hours of 5 a.m. and 9
2		p.m. or as otherwise provided by this Section for a period of
3		one year. After this one year period, and upon reapplication
4		for a license as provided in Section 6-106, upon payment of the
5		appropriate reinstatement fee provided under paragraph (b) of
6		Section 6-118, the Secretary of State, in his discretion, may
7		reinstate the petitioner's driver's license and driving
8		privileges, or extend the restricted driving permit as many
9		times as the Secretary of State deems appropriate, by
10		additional periods of not more than 12 months each.
11		(2) If a person's license or permit is revoked or
12		suspended due to 2 or more convictions of violating Section
13		11-501 of this Code or a similar provision of a local
14		ordinance or a similar out-of-state offense, or Section 9-3
15		of the Criminal Code of 1961 or the Criminal Code of 2012,
16		where the use of alcohol or other drugs is recited as an
17		element of the offense, or a similar out-of-state offense,
18		or a combination of these offenses, arising out of separate
19		occurrences, that person, if issued a restricted driving
20		permit, may not operate a vehicle unless it has been
21		equipped with an ignition interlock device as defined in
22		Section 1-129.1.
23		(3) If a person's license or permit is revoked or
24		suspended 2 or more times within a 10 year period due to
25		any combination of:
26		(A) a single conviction of violating Section

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1		11-501 of this Code or a similar provision of a local
2		ordinance or a similar out-of-state offense, or
3		Section 9-3 of the Criminal Code of 1961 or the
4		Criminal Code of 2012, where the use of alcohol or
5		other drugs is recited as an element of the offense, or
6		a similar out-of-state offense; or
7		(B) a statutory summary suspension or revocation
8		under Section 11-501.1; or
9		(C) a suspension pursuant to Section 6-203.1;
10		arising out of separate occurrences, that person, if issued
11		a restricted driving permit, may not operate a vehicle
12		unless it has been equipped with an ignition interlock
13		device as defined in Section 1-129.1.
14		(3.5) If a person's license or permit is revoked or
15		suspended due to a conviction for a violation of
16		subparagraph (C) or (F) of paragraph (1) of subsection (d)
17		of Section 11-501 of this Code or a similar provision of a
18		local ordinance or similar out-of-state offense, that
19		person, if issued a restricted driving permit, may not
20		operate a vehicle unless it has been equipped with an
21		ignition interlock device as defined in Section 1-129.1.
22		(4) The person issued a permit conditioned upon the use
23		of an interlock device must pay to the Secretary of State
24		DUI Administration Fund an amount not to exceed $30 per
25		month. The Secretary shall establish by rule the amount and
26		the procedures, terms, and conditions relating to these

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1		fees.
2		(5) If the restricted driving permit is issued for
3		employment purposes, then the prohibition against driving
4		a vehicle that is not equipped with an ignition interlock
5		device does not apply to the operation of an occupational
6		vehicle owned or leased by that person's employer when used
7		solely for employment purposes.
8		(6) A restricted driving permit issued under this
9		Section shall be subject to cancellation, revocation, and
10		suspension by the Secretary of State in like manner and for
11		like cause as a driver's license issued under this Code may
12		be cancelled, revoked, or suspended; except that a
13		conviction upon one or more offenses against laws or
14		ordinances regulating the movement of traffic shall be
15		deemed sufficient cause for the revocation, suspension, or
16		cancellation of a restricted driving permit.
17		(d-5) The revocation of the license, permit, or driving
18		privileges of a person convicted of a third or subsequent
19		violation of Section 6-303 of this Code committed while his or
20		her driver's license, permit, or privilege was revoked because
21		of a violation of Section 9-3 of the Criminal Code of 1961 or
22		the Criminal Code of 2012, relating to the offense of reckless
23		homicide, or a similar provision of a law of another state, is
24		permanent. The Secretary may not, at any time, issue a license
25		or permit to that person.
26		(e) This Section is subject to the provisions of the Driver

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1		License Compact.
2		(f) Any revocation imposed upon any person under
3		subsections 2 and 3 of paragraph (b) that is in effect on
4		December 31, 1988 shall be converted to a suspension for a like
5		period of time.
6		(g) The Secretary of State shall not issue a restricted
7		driving permit to a person under the age of 16 years whose
8		driving privileges have been revoked under any provisions of
9		this Code.
10		(h) The Secretary of State shall require the use of
11		ignition interlock devices on all vehicles owned by a person
12		who has been convicted of a second or subsequent offense under
13		Section 11-501 of this Code or a similar provision of a local
14		ordinance. The person must pay to the Secretary of State DUI
15		Administration Fund an amount not to exceed $30 for each month
16		that he or she uses the device. The Secretary shall establish
17		by rule and regulation the procedures for certification and use
18		of the interlock system, the amount of the fee, and the
19		procedures, terms, and conditions relating to these fees.
20		(i) (Blank).
21		(j) 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 revoked, suspended,
25		cancelled, or disqualified under any provisions of this Code.
26		(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;

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1		96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
2		7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
3		1-1-13; 97-1150, eff. 1-25-13.)
4		(625 ILCS 5/6-206)
5		Sec. 6-206. Discretionary authority to suspend or revoke
6		license or permit; Right to a hearing.
7		(a) The Secretary of State is authorized to suspend or
8		revoke the driving privileges of any person without preliminary
9		hearing upon a showing of the person's records or other
10		sufficient evidence that the person:
11		1. Has committed an offense for which mandatory
12		revocation of a driver's license or permit is required upon
13		conviction;
14		2. Has been convicted of not less than 3 offenses
15		against traffic regulations governing the movement of
16		vehicles committed within any 12 month period. No
17		revocation or suspension shall be entered more than 6
18		months after the date of last conviction;
19		3. Has been repeatedly involved as a driver in motor
20		vehicle collisions or has been repeatedly convicted of
21		offenses against laws and ordinances regulating the
22		movement of traffic, to a degree that indicates lack of
23		ability to exercise ordinary and reasonable care in the
24		safe operation of a motor vehicle or disrespect for the
25		traffic laws and the safety of other persons upon the

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1		highway;
2		4. Has by the unlawful operation of a motor vehicle
3		caused or contributed to an accident resulting in injury
4		requiring immediate professional treatment in a medical
5		facility or doctor's office to any person, except that any
6		suspension or revocation imposed by the Secretary of State
7		under the provisions of this subsection shall start no
8		later than 6 months after being convicted of violating a
9		law or ordinance regulating the movement of traffic, which
10		violation is related to the accident, or shall start not
11		more than one year after the date of the accident,
12		whichever date occurs later;
13		5. Has permitted an unlawful or fraudulent use of a
14		driver's license, identification card, or permit;
15		6. Has been lawfully convicted of an offense or
16		offenses in another state, including the authorization
17		contained in Section 6-203.1, which if committed within
18		this State would be grounds for suspension or revocation;
19		7. Has refused or failed to submit to an examination
20		provided for by Section 6-207 or has failed to pass the
21		examination;
22		8. Is ineligible for a driver's license or permit under
23		the provisions of Section 6-103;
24		9. Has made a false statement or knowingly concealed a
25		material fact or has used false information or
26		identification in any application for a license,

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1		identification card, or permit;
2		10. Has possessed, displayed, or attempted to
3		fraudulently use any license, identification card, or
4		permit not issued to the person;
5		11. Has operated a motor vehicle upon a highway of this
6		State when the person's driving privilege or privilege to
7		obtain a driver's license or permit was revoked or
8		suspended unless the operation was authorized by a
9		monitoring device driving permit, judicial driving permit
10		issued prior to January 1, 2009, probationary license to
11		drive, or a restricted driving permit issued under this
12		Code;
13		12. Has submitted to any portion of the application
14		process for another person or has obtained the services of
15		another person to submit to any portion of the application
16		process for the purpose of obtaining a license,
17		identification card, or permit for some other person;
18		13. Has operated a motor vehicle upon a highway of this
19		State when the person's driver's license or permit was
20		invalid under the provisions of Sections 6-107.1 and 6-110;
21		14. Has committed a violation of Section 6-301,
22		6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
23		of the Illinois Identification Card Act;
24		15. Has been convicted of violating Section 21-2 of the
25		Criminal Code of 1961 or the Criminal Code of 2012 relating
26		to criminal trespass to vehicles in which case, the

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1		suspension shall be for one year;
2		16. Has been convicted of violating Section 11-204 of
3		this Code relating to fleeing from a peace officer;
4		17. Has refused to submit to a test, or tests, as
5		required under Section 11-501.1 of this Code and the person
6		has not sought a hearing as provided for in Section
7		11-501.1;
8		18. Has, since issuance of a driver's license or
9		permit, been adjudged to be afflicted with or suffering
10		from any mental disability or disease;
11		19. Has committed a violation of paragraph (a) or (b)
12		of Section 6-101 relating to driving without a driver's
13		license;
14		20. Has been convicted of violating Section 6-104
15		relating to classification of driver's license;
16		21. Has been convicted of violating Section 11-402 of
17		this Code relating to leaving the scene of an accident
18		resulting in damage to a vehicle in excess of $1,000, in
19		which case the suspension shall be for one year;
20		22. Has used a motor vehicle in violating paragraph
21		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
22		the Criminal Code of 1961 or the Criminal Code of 2012
23		relating to unlawful use of weapons, in which case the
24		suspension shall be for one year;
25		23. Has, as a driver, been convicted of committing a
26		violation of paragraph (a) of Section 11-502 of this Code

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1		for a second or subsequent time within one year of a
2		similar violation;
3		24. Has been convicted by a court-martial or punished
4		by non-judicial punishment by military authorities of the
5		United States at a military installation in Illinois or in
6		another state of or for a traffic related offense that is
7		the same as or similar to an offense specified under
8		Section 6-205 or 6-206 of this Code;
9		25. Has permitted any form of identification to be used
10		by another in the application process in order to obtain or
11		attempt to obtain a license, identification card, or
12		permit;
13		26. Has altered or attempted to alter a license or has
14		possessed an altered license, identification card, or
15		permit;
16		27. Has violated Section 6-16 of the Liquor Control Act
17		of 1934;
18		28. Has been convicted for a first time of the illegal
19		possession, while operating or in actual physical control,
20		as a driver, of a motor vehicle, of any controlled
21		substance prohibited under the Illinois Controlled
22		Substances Act, any cannabis prohibited under the Cannabis
23		Control Act, or any methamphetamine prohibited under the
24		Methamphetamine Control and Community Protection Act, in
25		which case the person's driving privileges shall be
26		suspended for one year. Any defendant found guilty of this

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1		offense while operating a motor vehicle, shall have an
2		entry made in the court record by the presiding judge that
3		this offense did occur while the defendant was operating a
4		motor vehicle and order the clerk of the court to report
5		the violation to the Secretary of State;
6		29. Has been convicted of the following offenses that
7		were committed while the person was operating or in actual
8		physical control, as a driver, of a motor vehicle: criminal
9		sexual assault, predatory criminal sexual assault of a
10		child, aggravated criminal sexual assault, criminal sexual
11		abuse, aggravated criminal sexual abuse, juvenile pimping,
12		soliciting for a juvenile prostitute, promoting juvenile
13		prostitution as described in subdivision (a)(1), (a)(2),
14		or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
15		or the Criminal Code of 2012, and the manufacture, sale or
16		delivery of controlled substances or instruments used for
17		illegal drug use or abuse in which case the driver's
18		driving privileges shall be suspended for one year;
19		30. Has been convicted a second or subsequent time for
20		any combination of the offenses named in paragraph 29 of
21		this subsection, in which case the person's driving
22		privileges shall be suspended for 5 years;
23		31. Has refused to submit to a test as required by
24		Section 11-501.6 of this Code or Section 5-16c of the Boat
25		Registration and Safety Act or has submitted to a test
26		resulting in an alcohol concentration of 0.08 or more or

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1		any amount of a drug, substance, or compound resulting from
2		the unlawful use or consumption of cannabis as listed in
3		the Cannabis Control Act, a controlled substance as listed
4		in the Illinois Controlled Substances Act, an intoxicating
5		compound as listed in the Use of Intoxicating Compounds
6		Act, or methamphetamine as listed in the Methamphetamine
7		Control and Community Protection Act, in which case the
8		penalty shall be as prescribed in Section 6-208.1;
9		32. Has been convicted of Section 24-1.2 of the
10		Criminal Code of 1961 or the Criminal Code of 2012 relating
11		to the aggravated discharge of a firearm if the offender
12		was located in a motor vehicle at the time the firearm was
13		discharged, in which case the suspension shall be for 3
14		years;
15		33. Has as a driver, who was less than 21 years of age
16		on the date of the offense, been convicted a first time of
17		a violation of paragraph (a) of Section 11-502 of this Code
18		or a similar provision of a local ordinance;
19		34. Has committed a violation of Section 11-1301.5 of
20		this Code or a similar provision of a local ordinance;
21		35. Has committed a violation of Section 11-1301.6 of
22		this Code or a similar provision of a local ordinance;
23		36. Is under the age of 21 years at the time of arrest
24		and has been convicted of not less than 2 offenses against
25		traffic regulations governing the movement of vehicles
26		committed within any 24 month period. No revocation or

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1		suspension shall be entered more than 6 months after the
2		date of last conviction;
3		37. Has committed a violation of subsection (c) of
4		Section 11-907 of this Code that resulted in damage to the
5		property of another or the death or injury of another;
6		38. Has been convicted of a violation of Section 6-20
7		of the Liquor Control Act of 1934 or a similar provision of
8		a local ordinance;
9		39. Has committed a second or subsequent violation of
10		Section 11-1201 of this Code;
11		40. Has committed a violation of subsection (a-1) of
12		Section 11-908 of this Code;
13		41. Has committed a second or subsequent violation of
14		Section 11-605.1 of this Code, a similar provision of a
15		local ordinance, or a similar violation in any other state
16		within 2 years of the date of the previous violation, in
17		which case the suspension shall be for 90 days;
18		42. Has committed a violation of subsection (a-1) of
19		Section 11-1301.3 of this Code or a similar provision of a
20		local ordinance;
21		43. Has received a disposition of court supervision for
22		a violation of subsection (a), (d), or (e) of Section 6-20
23		of the Liquor Control Act of 1934 or a similar provision of
24		a local ordinance, in which case the suspension shall be
25		for a period of 3 months;
26		44. Is under the age of 21 years at the time of arrest

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1		and has been convicted of an offense against traffic
2		regulations governing the movement of vehicles after
3		having previously had his or her driving privileges
4		suspended or revoked pursuant to subparagraph 36 of this
5		Section;
6		45. Has, in connection with or during the course of a
7		formal hearing conducted under Section 2-118 of this Code:
8		(i) committed perjury; (ii) submitted fraudulent or
9		falsified documents; (iii) submitted documents that have
10		been materially altered; or (iv) submitted, as his or her
11		own, documents that were in fact prepared or composed for
12		another person;
13		46. Has committed a violation of subsection (j) of
14		Section 3-413 of this Code; or
15		47. Has committed a violation of Section 11-502.1 of
16		this Code.
17		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
18		and 27 of this subsection, license means any driver's license,
19		any traffic ticket issued when the person's driver's license is
20		deposited in lieu of bail, a suspension notice issued by the
21		Secretary of State, a duplicate or corrected driver's license,
22		a probationary driver's license or a temporary driver's
23		license.
24		(b) If any conviction forming the basis of a suspension or
25		revocation authorized under this Section is appealed, the
26		Secretary of State may rescind or withhold the entry of the

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1		order of suspension or revocation, as the case may be, provided
2		that a certified copy of a stay order of a court is filed with
3		the Secretary of State. If the conviction is affirmed on
4		appeal, the date of the conviction shall relate back to the
5		time the original judgment of conviction was entered and the 6
6		month limitation prescribed shall not apply.
7		(c) 1. Upon suspending or revoking the driver's license or
8		permit of any person as authorized in this Section, the
9		Secretary of State shall immediately notify the person in
10		writing of the revocation or suspension. The notice to be
11		deposited in the United States mail, postage prepaid, to the
12		last known address of the person.
13		2. If the Secretary of State suspends the driver's license
14		of a person under subsection 2 of paragraph (a) of this
15		Section, a person's privilege to operate a vehicle as an
16		occupation shall not be suspended, provided an affidavit is
17		properly completed, the appropriate fee received, and a permit
18		issued prior to the effective date of the suspension, unless 5
19		offenses were committed, at least 2 of which occurred while
20		operating a commercial vehicle in connection with the driver's
21		regular occupation. All other driving privileges shall be
22		suspended by the Secretary of State. Any driver prior to
23		operating a vehicle for occupational purposes only must submit
24		the affidavit on forms to be provided by the Secretary of State
25		setting forth the facts of the person's occupation. The
26		affidavit shall also state the number of offenses committed

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1		while operating a vehicle in connection with the driver's
2		regular occupation. The affidavit shall be accompanied by the
3		driver's license. Upon receipt of a properly completed
4		affidavit, the Secretary of State shall issue the driver a
5		permit to operate a vehicle in connection with the driver's
6		regular occupation only. Unless the permit is issued by the
7		Secretary of State prior to the date of suspension, the
8		privilege to drive any motor vehicle shall be suspended as set
9		forth in the notice that was mailed under this Section. If an
10		affidavit is received subsequent to the effective date of this
11		suspension, a permit may be issued for the remainder of the
12		suspension period.
13		The provisions of this subparagraph shall not apply to any
14		driver required to possess a CDL for the purpose of operating a
15		commercial motor vehicle.
16		Any person who falsely states any fact in the affidavit
17		required herein shall be guilty of perjury under Section 6-302
18		and upon conviction thereof shall have all driving privileges
19		revoked without further rights.
20		3. At the conclusion of a hearing under Section 2-118 of
21		this Code, the Secretary of State shall either rescind or
22		continue an order of revocation or shall substitute an order of
23		suspension; or, good cause appearing therefor, rescind,
24		continue, change, or extend the order of suspension. If the
25		Secretary of State does not rescind the order, the Secretary
26		may upon application, to relieve undue hardship (as defined by

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1		the rules of the Secretary of State), issue a restricted
2		driving permit granting the privilege of driving a motor
3		vehicle between the petitioner's residence and petitioner's
4		place of employment or within the scope of the petitioner's
5		employment related duties, or to allow the petitioner to
6		transport himself or herself, or a family member of the
7		petitioner's household to a medical facility, to receive
8		necessary medical care, to allow the petitioner to transport
9		himself or herself to and from alcohol or drug remedial or
10		rehabilitative activity recommended by a licensed service
11		provider, or to allow the petitioner to transport himself or
12		herself or a family member of the petitioner's household to
13		classes, as a student, at an accredited educational
14		institution, or to allow the petitioner to transport children,
15		elderly persons, or disabled persons who do not hold driving
16		privileges and are living in the petitioner's household to and
17		from daycare. The petitioner must demonstrate that no
18		alternative means of transportation is reasonably available
19		and that the petitioner will not endanger the public safety or
20		welfare. Those multiple offenders identified in subdivision
21		(b)4 of Section 6-208 of this Code, however, shall not be
22		eligible for the issuance of a restricted driving permit.
23		(A) 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		(B) If a person's license or permit is revoked or
10		suspended 2 or more times within a 10 year period due to
11		any combination of:
12		(i) a single conviction of violating Section
13		11-501 of this Code or a similar provision of a local
14		ordinance or a similar out-of-state offense or Section
15		9-3 of the Criminal Code of 1961 or the Criminal Code
16		of 2012, where the use of alcohol or other drugs is
17		recited as an element of the offense, or a similar
18		out-of-state offense; or
19		(ii) a statutory summary suspension or revocation
20		under Section 11-501.1; or
21		(iii) a suspension under Section 6-203.1;
22		arising out of separate occurrences; that person, if issued
23		a restricted driving permit, may not operate a vehicle
24		unless it has been equipped with an ignition interlock
25		device as defined in Section 1-129.1.
26		(B-5) If a person's license or permit is revoked or

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1		suspended due to a conviction for a violation of
2		subparagraph (C) or (F) of paragraph (1) of subsection (d)
3		of Section 11-501 of this Code or a similar provision of a
4		local ordinance or similar out-of-state offense, that
5		person, if issued a restricted driving permit, may not
6		operate a vehicle unless it has been equipped with an
7		ignition interlock device as defined in Section 1-129.1.
8		(C) The person issued a permit conditioned upon the use
9		of an ignition interlock device must pay to the Secretary
10		of State DUI Administration Fund an amount not to exceed
11		$30 per month. The Secretary shall establish by rule the
12		amount and the procedures, terms, and conditions relating
13		to these fees.
14		(D) If the restricted driving permit is issued for
15		employment purposes, then the prohibition against
16		operating a motor vehicle that is not equipped with an
17		ignition interlock device does not apply to the operation
18		of an occupational vehicle owned or leased by that person's
19		employer when used solely for employment purposes.
20		(E) In each case the Secretary may issue a restricted
21		driving permit for a period deemed appropriate, except that
22		all permits shall expire within one year from the date of
23		issuance. The Secretary may not, however, issue a
24		restricted driving permit to any person whose current
25		revocation is the result of a second or subsequent
26		conviction for a violation of Section 11-501 of this Code

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1		or a similar provision of a local ordinance or any similar
2		out-of-state offense, or Section 9-3 of the Criminal Code
3		of 1961 or the Criminal Code of 2012, where the use of
4		alcohol or other drugs is recited as an element of the
5		offense, or any similar out-of-state offense, or any
6		combination of those offenses, until the expiration of at
7		least one year from the date of the revocation. A
8		restricted driving permit issued under this Section shall
9		be subject to cancellation, revocation, and suspension by
10		the Secretary of State in like manner and for like cause as
11		a driver's license issued under this Code may be cancelled,
12		revoked, or suspended; except that a conviction upon one or
13		more offenses against laws or ordinances regulating the
14		movement of traffic shall be deemed sufficient cause for
15		the revocation, suspension, or cancellation of a
16		restricted driving permit. The Secretary of State may, as a
17		condition to the issuance of a restricted driving permit,
18		require the applicant to participate in a designated driver
19		remedial or rehabilitative program. The Secretary of State
20		is authorized to cancel a restricted driving permit if the
21		permit holder does not successfully complete the program.
22		(c-3) In the case of a suspension under paragraph 43 of
23		subsection (a), reports received by the Secretary of State
24		under this Section shall, except during the actual time the
25		suspension is in effect, be privileged information and for use
26		only by the courts, police officers, prosecuting authorities,

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1		the driver licensing administrator of any other state, the
2		Secretary of State, or the parent or legal guardian of a driver
3		under the age of 18. However, beginning January 1, 2008, if the
4		person is a CDL holder, the suspension shall also be made
5		available to the driver licensing administrator of any other
6		state, the U.S. Department of Transportation, and the affected
7		driver or motor carrier or prospective motor carrier upon
8		request.
9		(c-4) In the case of a suspension under paragraph 43 of
10		subsection (a), the Secretary of State shall notify the person
11		by mail that his or her driving privileges and driver's license
12		will be suspended one month after the date of the mailing of
13		the notice.
14		(c-5) The Secretary of State may, as a condition of the
15		reissuance of a driver's license or permit to an applicant
16		whose driver's license or permit has been suspended before he
17		or she reached the age of 21 years pursuant to any of the
18		provisions of this Section, require the applicant to
19		participate in a driver remedial education course and be
20		retested under Section 6-109 of this Code.
21		(d) This Section is subject to the provisions of the
22		Drivers License Compact.
23		(e) The Secretary of State shall not issue a restricted
24		driving permit to a person under the age of 16 years whose
25		driving privileges have been suspended or revoked under any
26		provisions of this Code.

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1		(f) In accordance with 49 C.F.R. 384, the Secretary of
2		State may not issue a restricted driving permit for the
3		operation of a commercial motor vehicle to a person holding a
4		CDL whose driving privileges have been suspended, revoked,
5		cancelled, or disqualified under any provisions of this Code.
6		(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
7		97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
8		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
9		1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.
10		7-16-14.)