Rep. Jay Hoffman
Filed: 4/21/2025
 
 
 




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1
AMENDMENT TO SENATE BILL 1922 


2    AMENDMENT NO. ______. Amend Senate Bill 1922 on page 1, by 
3replacing line 5 with "changing Sections 6-206 and 11-907 as 
4follows:

5    (625 ILCS 5/6-206)
6    Sec. 6-206. Discretionary authority to suspend or revoke 
7license or permit; right to a hearing.
8    (a) The Secretary of State is authorized to suspend or 
9revoke the driving privileges of any person without 
10preliminary hearing upon a showing of the person's records or 
11other sufficient evidence that the person:
12        1. Has committed an offense for which mandatory 
13 revocation of a driver's license or permit is required 
14 upon conviction;
15        2. Has been convicted of not less than 3 offenses 
16 against traffic regulations governing the movement of 
17 vehicles committed within any 12-month period. No 
 
 
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1 revocation or suspension shall be entered more than 6 
2 months after the date of last conviction;
3        3. Has been repeatedly involved as a driver in motor 
4 vehicle collisions or has been repeatedly convicted of 
5 offenses against laws and ordinances regulating the 
6 movement of traffic, to a degree that indicates lack of 
7 ability to exercise ordinary and reasonable care in the 
8 safe operation of a motor vehicle or disrespect for the 
9 traffic laws and the safety of other persons upon the 
10 highway;
11        4. Has by the unlawful operation of a motor vehicle 
12 caused or contributed to a crash resulting in injury 
13 requiring immediate professional treatment in a medical 
14 facility or doctor's office to any person, except that any 
15 suspension or revocation imposed by the Secretary of State 
16 under the provisions of this subsection shall start no 
17 later than 6 months after being convicted of violating a 
18 law or ordinance regulating the movement of traffic, which 
19 violation is related to the crash, or shall start not more 
20 than one year after the date of the crash, whichever date 
21 occurs later;
22        5. Has permitted an unlawful or fraudulent use of a 
23 driver's license, identification card, or permit;
24        6. Has been lawfully convicted of an offense or 
25 offenses in another state, including the authorization 
26 contained in Section 6-203.1, which if committed within 
 
 
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1 this State would be grounds for suspension or revocation;
2        7. Has refused or failed to submit to an examination 
3 provided for by Section 6-207 or has failed to pass the 
4 examination;
5        8. Is ineligible for a driver's license or permit 
6 under the provisions of Section 6-103;
7        9. Has made a false statement or knowingly concealed a 
8 material fact or has used false information or 
9 identification in any application for a license, 
10 identification card, or permit;
11        10. Has possessed, displayed, or attempted to 
12 fraudulently use any license, identification card, or 
13 permit not issued to the person;
14        11. Has operated a motor vehicle upon a highway of 
15 this State when the person's driving privilege or 
16 privilege to obtain a driver's license or permit was 
17 revoked or suspended unless the operation was authorized 
18 by a monitoring device driving permit, judicial driving 
19 permit issued prior to January 1, 2009, probationary 
20 license to drive, or restricted driving permit issued 
21 under this Code;
22        12. Has submitted to any portion of the application 
23 process for another person or has obtained the services of 
24 another person to submit to any portion of the application 
25 process for the purpose of obtaining a license, 
26 identification card, or permit for some other person;
 
 
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1        13. Has operated a motor vehicle upon a highway of 
2 this State when the person's driver's license or permit 
3 was invalid under the provisions of Sections 6-107.1 and 
4 6-110;
5        14. Has committed a violation of Section 6-301, 
6 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or 
7 14B of the Illinois Identification Card Act or a similar 
8 offense in another state if, at the time of the offense, 
9 the person held an Illinois driver's license or 
10 identification card;
11        15. Has been convicted of violating Section 21-2 of 
12 the Criminal Code of 1961 or the Criminal Code of 2012 
13 relating to criminal trespass to vehicles if the person 
14 exercised actual physical control over the vehicle during 
15 the commission of the offense, in which case the 
16 suspension shall be for one year;
17        16. Has been convicted of violating Section 11-204 of 
18 this Code relating to fleeing from a peace officer;
19        17. Has refused to submit to a test, or tests, as 
20 required under Section 11-501.1 of this Code and the 
21 person has not sought a hearing as provided for in Section 
22 11-501.1;
23        18. (Blank);
24        19. Has committed a violation of paragraph (a) or (b) 
25 of Section 6-101 relating to driving without a driver's 
26 license;
 
 
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1        20. Has been convicted of violating Section 6-104 
2 relating to classification of driver's license;
3        21. Has been convicted of violating Section 11-402 of 
4 this Code relating to leaving the scene of a crash 
5 resulting in damage to a vehicle in excess of $1,000, in 
6 which case the suspension shall be for one year;
7        22. Has used a motor vehicle in violating paragraph 
8 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of 
9 the Criminal Code of 1961 or the Criminal Code of 2012 
10 relating to unlawful possession of weapons, in which case 
11 the suspension shall be for one year;
12        23. Has, as a driver, been convicted of committing a 
13 violation of paragraph (a) of Section 11-502 of this Code 
14 for a second or subsequent time within one year of a 
15 similar violation;
16        24. Has been convicted by a court-martial or punished 
17 by non-judicial punishment by military authorities of the 
18 United States at a military installation in Illinois or in 
19 another state of or for a traffic-related offense that is 
20 the same as or similar to an offense specified under 
21 Section 6-205 or 6-206 of this Code;
22        25. Has permitted any form of identification to be 
23 used by another in the application process in order to 
24 obtain or attempt to obtain a license, identification 
25 card, or permit;
26        26. Has altered or attempted to alter a license or has 
 
 
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1 possessed an altered license, identification card, or 
2 permit;
3        27. (Blank);
4        28. Has been convicted for a first time of the illegal 
5 possession, while operating or in actual physical control, 
6 as a driver, of a motor vehicle, of any controlled 
7 substance prohibited under the Illinois Controlled 
8 Substances Act, any cannabis prohibited under the Cannabis 
9 Control Act, or any methamphetamine prohibited under the 
10 Methamphetamine Control and Community Protection Act, in 
11 which case the person's driving privileges shall be 
12 suspended for one year. Any defendant found guilty of this 
13 offense while operating a motor vehicle shall have an 
14 entry made in the court record by the presiding judge that 
15 this offense did occur while the defendant was operating a 
16 motor vehicle and order the clerk of the court to report 
17 the violation to the Secretary of State;
18        29. Has been convicted of the following offenses that 
19 were committed while the person was operating or in actual 
20 physical control, as a driver, of a motor vehicle: 
21 criminal sexual assault, predatory criminal sexual assault 
22 of a child, aggravated criminal sexual assault, criminal 
23 sexual abuse, aggravated criminal sexual abuse, juvenile 
24 pimping, soliciting for a juvenile prostitute, promoting 
25 juvenile prostitution as described in subdivision (a)(1), 
26 (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code 
 
 
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1 of 1961 or the Criminal Code of 2012, and the manufacture, 
2 sale or delivery of controlled substances or instruments 
3 used for illegal drug use or abuse in which case the 
4 driver's driving privileges shall be suspended for one 
5 year;
6        30. Has been convicted a second or subsequent time for 
7 any combination of the offenses named in paragraph 29 of 
8 this subsection, in which case the person's driving 
9 privileges shall be suspended for 5 years;
10        31. Has refused to submit to a test as required by 
11 Section 11-501.6 of this Code or Section 5-16c of the Boat 
12 Registration and Safety Act or has submitted to a test 
13 resulting in an alcohol concentration of 0.08 or more or 
14 any amount of a drug, substance, or compound resulting 
15 from the unlawful use or consumption of cannabis as listed 
16 in the Cannabis Control Act, a controlled substance as 
17 listed in the Illinois Controlled Substances Act, an 
18 intoxicating compound as listed in the Use of Intoxicating 
19 Compounds Act, or methamphetamine as listed in the 
20 Methamphetamine Control and Community Protection Act, in 
21 which case the penalty shall be as prescribed in Section 
22 6-208.1;
23        32. Has been convicted of Section 24-1.2 of the 
24 Criminal Code of 1961 or the Criminal Code of 2012 
25 relating to the aggravated discharge of a firearm if the 
26 offender was located in a motor vehicle at the time the 
 
 
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1 firearm was discharged, in which case the suspension shall 
2 be for 3 years;
3        33. Has as a driver, who was less than 21 years of age 
4 on the date of the offense, been convicted a first time of 
5 a violation of paragraph (a) of Section 11-502 of this 
6 Code or a similar provision of a local ordinance;
7        34. Has committed a violation of Section 11-1301.5 of 
8 this Code or a similar provision of a local ordinance;
9        35. Has committed a violation of Section 11-1301.6 of 
10 this Code or a similar provision of a local ordinance;
11        36. Is under the age of 21 years at the time of arrest 
12 and has been convicted of not less than 2 offenses against 
13 traffic regulations governing the movement of vehicles 
14 committed within any 24-month period. No revocation or 
15 suspension shall be entered more than 6 months after the 
16 date of last conviction;
17        37. Has committed a violation of subsection (c), 
18 (c-5), or (c-10) of Section 11-907 of this Code that 
19 resulted in damage to the property of another or the death 
20 or injury of another;
21        38. Has been convicted of a violation of Section 6-20 
22 of the Liquor Control Act of 1934 or a similar provision of 
23 a local ordinance and the person was an occupant of a motor 
24 vehicle at the time of the violation;
25        39. Has committed a second or subsequent violation of 
26 Section 11-1201 of this Code;
 
 
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1        40. Has committed a violation of subsection (a-1) of 
2 Section 11-908 of this Code;
3        41. Has committed a second or subsequent violation of 
4 Section 11-605.1 of this Code, a similar provision of a 
5 local ordinance, or a similar violation in any other state 
6 within 2 years of the date of the previous violation, in 
7 which case the suspension shall be for 90 days;
8        42. Has committed a violation of subsection (a-1) of 
9 Section 11-1301.3 of this Code or a similar provision of a 
10 local ordinance; 
11        43. Has received a disposition of court supervision 
12 for a violation of subsection (a), (d), or (e) of Section 
13 6-20 of the Liquor Control Act of 1934 or a similar 
14 provision of a local ordinance and the person was an 
15 occupant of a motor vehicle at the time of the violation, 
16 in which case the suspension shall be for a period of 3 
17 months; 
18        44. Is under the age of 21 years at the time of arrest 
19 and has been convicted of an offense against traffic 
20 regulations governing the movement of vehicles after 
21 having previously had his or her driving privileges 
22 suspended or revoked pursuant to subparagraph 36 of this 
23 Section;
24        45. Has, in connection with or during the course of a 
25 formal hearing conducted under Section 2-118 of this Code: 
26 (i) committed perjury; (ii) submitted fraudulent or 
 
 
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1 falsified documents; (iii) submitted documents that have 
2 been materially altered; or (iv) submitted, as his or her 
3 own, documents that were in fact prepared or composed for 
4 another person;
5        46. Has committed a violation of subsection (j) of 
6 Section 3-413 of this Code;
7        47. Has committed a violation of subsection (a) of 
8 Section 11-502.1 of this Code; 
9        48. Has submitted a falsified or altered medical 
10 examiner's certificate to the Secretary of State or 
11 provided false information to obtain a medical examiner's 
12 certificate; 
13        49. Has been convicted of a violation of Section 
14 11-1002 or 11-1002.5 that resulted in a Type A injury to 
15 another, in which case the driving privileges of the 
16 person shall be suspended for 12 months; 
17        50. Has committed a violation of subsection (b-5) of 
18 Section 12-610.2 that resulted in great bodily harm, 
19 permanent disability, or disfigurement, in which case the 
20 driving privileges of the person shall be suspended for 12 
21 months;
22        51. Has committed a violation of Section 10-15 Of the 
23 Cannabis Regulation and Tax Act or a similar provision of 
24 a local ordinance while in a motor vehicle; or
25        52. Has committed a violation of subsection (b) of 
26 Section 10-20 of the Cannabis Regulation and Tax Act or a 
 
 
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1 similar provision of a local ordinance.
2    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
3and 27 of this subsection, license means any driver's license, 
4any traffic ticket issued when the person's driver's license 
5is deposited in lieu of bail, a suspension notice issued by the 
6Secretary of State, a duplicate or corrected driver's license, 
7a probationary driver's license, or a temporary driver's 
8license.
9    (b) If any conviction forming the basis of a suspension or 
10revocation authorized under this Section is appealed, the 
11Secretary of State may rescind or withhold the entry of the 
12order of suspension or revocation, as the case may be, 
13provided that a certified copy of a stay order of a court is 
14filed with the Secretary of State. If the conviction is 
15affirmed on appeal, the date of the conviction shall relate 
16back to the time the original judgment of conviction was 
17entered and the 6-month limitation prescribed shall not apply.
18    (c) 1. Upon suspending or revoking the driver's license or 
19permit of any person as authorized in this Section, the 
20Secretary of State shall immediately notify the person in 
21writing of the revocation or suspension. The notice to be 
22deposited in the United States mail, postage prepaid, to the 
23last known address of the person.
24    2. If the Secretary of State suspends the driver's license 
25of a person under subsection 2 of paragraph (a) of this 
26Section, a person's privilege to operate a vehicle as an 
 
 
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1occupation shall not be suspended, provided an affidavit is 
2properly completed, the appropriate fee received, and a permit 
3issued prior to the effective date of the suspension, unless 5 
4offenses were committed, at least 2 of which occurred while 
5operating a commercial vehicle in connection with the driver's 
6regular occupation. All other driving privileges shall be 
7suspended by the Secretary of State. Any driver prior to 
8operating a vehicle for occupational purposes only must submit 
9the affidavit on forms to be provided by the Secretary of State 
10setting forth the facts of the person's occupation. The 
11affidavit shall also state the number of offenses committed 
12while operating a vehicle in connection with the driver's 
13regular occupation. The affidavit shall be accompanied by the 
14driver's license. Upon receipt of a properly completed 
15affidavit, the Secretary of State shall issue the driver a 
16permit to operate a vehicle in connection with the driver's 
17regular occupation only. Unless the permit is issued by the 
18Secretary of State prior to the date of suspension, the 
19privilege to drive any motor vehicle shall be suspended as set 
20forth in the notice that was mailed under this Section. If an 
21affidavit is received subsequent to the effective date of this 
22suspension, a permit may be issued for the remainder of the 
23suspension period.
24    The provisions of this subparagraph shall not apply to any 
25driver required to possess a CDL for the purpose of operating a 
26commercial motor vehicle.
 
 
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1    Any person who falsely states any fact in the affidavit 
2required herein shall be guilty of perjury under Section 6-302 
3and upon conviction thereof shall have all driving privileges 
4revoked without further rights.
5    3. At the conclusion of a hearing under Section 2-118 of 
6this Code, the Secretary of State shall either rescind or 
7continue an order of revocation or shall substitute an order 
8of suspension; or, good cause appearing therefor, rescind, 
9continue, change, or extend the order of suspension. If the 
10Secretary of State does not rescind the order, the Secretary 
11may upon application, to relieve undue hardship (as defined by 
12the rules of the Secretary of State), issue a restricted 
13driving permit granting the privilege of driving a motor 
14vehicle between the petitioner's residence and petitioner's 
15place of employment or within the scope of the petitioner's 
16employment-related duties, or to allow the petitioner to 
17transport himself or herself, or a family member of the 
18petitioner's household to a medical facility, to receive 
19necessary medical care, to allow the petitioner to transport 
20himself or herself to and from alcohol or drug remedial or 
21rehabilitative activity recommended by a licensed service 
22provider, or to allow the petitioner to transport himself or 
23herself or a family member of the petitioner's household to 
24classes, as a student, at an accredited educational 
25institution, or to allow the petitioner to transport children, 
26elderly persons, or persons with disabilities who do not hold 
 
 
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1driving privileges and are living in the petitioner's 
2household to and from daycare. The petitioner must demonstrate 
3that no alternative means of transportation is reasonably 
4available and that the petitioner will not endanger the public 
5safety or welfare.
6        (A) If a person's license or permit is revoked or 
7 suspended due to 2 or more convictions of violating 
8 Section 11-501 of this Code or a similar provision of a 
9 local ordinance or a similar out-of-state offense, or 
10 Section 9-3 of the Criminal Code of 1961 or the Criminal 
11 Code of 2012, where the use of alcohol or other drugs is 
12 recited as an element of the offense, or a similar 
13 out-of-state offense, or a combination of these offenses, 
14 arising out of separate occurrences, that person, if 
15 issued a restricted driving permit, may not operate a 
16 vehicle unless it has been equipped with an ignition 
17 interlock device as defined in Section 1-129.1.
18        (B) If a person's license or permit is revoked or 
19 suspended 2 or more times due to any combination of:
20            (i) a single conviction of violating Section 
21 11-501 of this Code or a similar provision of a local 
22 ordinance or a similar out-of-state offense or Section 
23 9-3 of the Criminal Code of 1961 or the Criminal Code 
24 of 2012, where the use of alcohol or other drugs is 
25 recited as an element of the offense, or a similar 
26 out-of-state offense; or
 
 
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1            (ii) a statutory summary suspension or revocation 
2 under Section 11-501.1; or
3            (iii) a suspension under Section 6-203.1; 
4    arising out of separate occurrences; that person, if 
5 issued a restricted driving permit, may not operate a 
6 vehicle unless it has been equipped with an ignition 
7 interlock device as defined in Section 1-129.1.
8        (B-5) If a person's license or permit is revoked or 
9 suspended due to a conviction for a violation of 
10 subparagraph (C) or (F) of paragraph (1) of subsection (d) 
11 of Section 11-501 of this Code, or a similar provision of a 
12 local ordinance or similar out-of-state offense, that 
13 person, if issued a restricted driving permit, may not 
14 operate a vehicle unless it has been equipped with an 
15 ignition interlock device as defined in Section 1-129.1. 
16        (C) The person issued a permit conditioned upon the 
17 use of an ignition interlock device must pay to the 
18 Secretary of State DUI Administration Fund an amount not 
19 to exceed $30 per month. The Secretary shall establish by 
20 rule the amount and the procedures, terms, and conditions 
21 relating to these fees.
22        (D) If the restricted driving permit is issued for 
23 employment purposes, then the prohibition against 
24 operating a motor vehicle that is not equipped with an 
25 ignition interlock device does not apply to the operation 
26 of an occupational vehicle owned or leased by that 
 
 
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1 person's employer when used solely for employment 
2 purposes. For any person who, within a 5-year period, is 
3 convicted of a second or subsequent offense under Section 
4 11-501 of this Code, or a similar provision of a local 
5 ordinance or similar out-of-state offense, this employment 
6 exemption does not apply until either a one-year period 
7 has elapsed during which that person had his or her 
8 driving privileges revoked or a one-year period has 
9 elapsed during which that person had a restricted driving 
10 permit which required the use of an ignition interlock 
11 device on every motor vehicle owned or operated by that 
12 person.
13        (E) In each case the Secretary may issue a restricted 
14 driving permit for a period deemed appropriate, except 
15 that all permits shall expire no later than 2 years from 
16 the date of issuance. A restricted driving permit issued 
17 under this Section shall be subject to cancellation, 
18 revocation, and suspension by the Secretary of State in 
19 like manner and for like cause as a driver's license 
20 issued under this Code may be cancelled, revoked, or 
21 suspended; except that a conviction upon one or more 
22 offenses against laws or ordinances regulating the 
23 movement of traffic shall be deemed sufficient cause for 
24 the revocation, suspension, or cancellation of a 
25 restricted driving permit. The Secretary of State may, as 
26 a condition to the issuance of a restricted driving 
 
 
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1 permit, require the applicant to participate in a 
2 designated driver remedial or rehabilitative program. The 
3 Secretary of State is authorized to cancel a restricted 
4 driving permit if the permit holder does not successfully 
5 complete the program.
6        (F) A person subject to the provisions of paragraph 4 
7 of subsection (b) of Section 6-208 of this Code may make 
8 application for a restricted driving permit at a hearing 
9 conducted under Section 2-118 of this Code after the 
10 expiration of 5 years from the effective date of the most 
11 recent revocation or after 5 years from the date of 
12 release from a period of imprisonment resulting from a 
13 conviction of the most recent offense, whichever is later, 
14 provided the person, in addition to all other requirements 
15 of the Secretary, shows by clear and convincing evidence: 
16            (i) a minimum of 3 years of uninterrupted 
17 abstinence from alcohol and the unlawful use or 
18 consumption of cannabis under the Cannabis Control 
19 Act, a controlled substance under the Illinois 
20 Controlled Substances Act, an intoxicating compound 
21 under the Use of Intoxicating Compounds Act, or 
22 methamphetamine under the Methamphetamine Control and 
23 Community Protection Act; and
24            (ii) the successful completion of any 
25 rehabilitative treatment and involvement in any 
26 ongoing rehabilitative activity that may be 
 
 
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1 recommended by a properly licensed service provider 
2 according to an assessment of the person's alcohol or 
3 drug use under Section 11-501.01 of this Code. 
4        In determining whether an applicant is eligible for a 
5 restricted driving permit under this subparagraph (F), the 
6 Secretary may consider any relevant evidence, including, 
7 but not limited to, testimony, affidavits, records, and 
8 the results of regular alcohol or drug tests. Persons 
9 subject to the provisions of paragraph 4 of subsection (b) 
10 of Section 6-208 of this Code and who have been convicted 
11 of more than one violation of paragraph (3), paragraph 
12 (4), or paragraph (5) of subsection (a) of Section 11-501 
13 of this Code shall not be eligible to apply for a 
14 restricted driving permit under this subparagraph (F). 
15        A restricted driving permit issued under this 
16 subparagraph (F) shall provide that the holder may only 
17 operate motor vehicles equipped with an ignition interlock 
18 device as required under paragraph (2) of subsection (c) 
19 of Section 6-205 of this Code and subparagraph (A) of 
20 paragraph 3 of subsection (c) of this Section. The 
21 Secretary may revoke a restricted driving permit or amend 
22 the conditions of a restricted driving permit issued under 
23 this subparagraph (F) if the holder operates a vehicle 
24 that is not equipped with an ignition interlock device, or 
25 for any other reason authorized under this Code. 
26        A restricted driving permit issued under this 
 
 
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1 subparagraph (F) shall be revoked, and the holder barred 
2 from applying for or being issued a restricted driving 
3 permit in the future, if the holder is convicted of a 
4 violation of Section 11-501 of this Code, a similar 
5 provision of a local ordinance, or a similar offense in 
6 another state. 
7    (c-3) In the case of a suspension under paragraph 43 of 
8subsection (a), reports received by the Secretary of State 
9under this Section shall, except during the actual time the 
10suspension is in effect, be privileged information and for use 
11only by the courts, police officers, prosecuting authorities, 
12the driver licensing administrator of any other state, the 
13Secretary of State, or the parent or legal guardian of a driver 
14under the age of 18. However, beginning January 1, 2008, if the 
15person is a CDL holder, the suspension shall also be made 
16available to the driver licensing administrator of any other 
17state, the U.S. Department of Transportation, and the affected 
18driver or motor carrier or prospective motor carrier upon 
19request. 
20    (c-4) In the case of a suspension under paragraph 43 of 
21subsection (a), the Secretary of State shall notify the person 
22by mail that his or her driving privileges and driver's 
23license will be suspended one month after the date of the 
24mailing of the notice. 
25    (c-5) The Secretary of State may, as a condition of the 
26reissuance of a driver's license or permit to an applicant 
 
 
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1whose driver's license or permit has been suspended before he 
2or she reached the age of 21 years pursuant to any of the 
3provisions of this Section, require the applicant to 
4participate in a driver remedial education course and be 
5retested under Section 6-109 of this Code.
6    (d) This Section is subject to the provisions of the 
7Driver License Compact.
8    (e) The Secretary of State shall not issue a restricted 
9driving permit to a person under the age of 16 years whose 
10driving privileges have been suspended or revoked under any 
11provisions of this Code.
12    (f) In accordance with 49 CFR 384, the Secretary of State 
13may not issue a restricted driving permit for the operation of 
14a commercial motor vehicle to a person holding a CDL whose 
15driving privileges have been suspended, revoked, cancelled, or 
16disqualified under any provisions of this Code.
17(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; 
18102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 
197-1-23; 103-154, eff. 6-30-23; 103-822, eff. 1-1-25.)".