Full Text of HB4811 103rd General Assembly
HB4811ham001 103RD GENERAL ASSEMBLY | Rep. Patrick Windhorst Filed: 3/25/2024 | | 10300HB4811ham001 | | LRB103 36366 RTM 70912 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4811
| 2 | | AMENDMENT NO. ______. Amend House Bill 4811 on page 1, by | 3 | | replacing line 5 with the following: | 4 | | "changing Sections 6-205 and 11-506 as follows: | 5 | | (625 ILCS 5/6-205) | 6 | | Sec. 6-205. Mandatory revocation of license or permit; | 7 | | hardship cases. | 8 | | (a) Except as provided in this Section, the Secretary of | 9 | | State shall immediately revoke the license, permit, or driving | 10 | | privileges of any driver upon receiving a report of the | 11 | | driver's conviction of any of the following offenses: | 12 | | 1. Reckless homicide resulting from the operation of a | 13 | | motor vehicle; | 14 | | 2. Violation of Section 11-501 of this Code or a | 15 | | similar provision of a local ordinance relating to the | 16 | | offense of operating or being in physical control of a | 17 | | vehicle while under the influence of alcohol, other drug |
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| 1 | | or drugs, intoxicating compound or compounds, or any | 2 | | combination thereof; | 3 | | 3. Any felony under the laws of any State or the | 4 | | federal government in the commission of which a motor | 5 | | vehicle was used; | 6 | | 4. Violation of Section 11-401 of this Code relating | 7 | | to the offense of leaving the scene of a traffic crash | 8 | | involving death or personal injury; | 9 | | 5. Perjury or the making of a false affidavit or | 10 | | statement under oath to the Secretary of State under this | 11 | | Code or under any other law relating to the ownership or | 12 | | operation of motor vehicles; | 13 | | 6. Conviction upon 3 charges of violation of Section | 14 | | 11-503 of this Code relating to the offense of reckless | 15 | | driving committed within a period of 12 months; | 16 | | 7. Conviction of any offense defined in Section 4-102 | 17 | | of this Code if the person exercised actual physical | 18 | | control over the vehicle during the commission of the | 19 | | offense; | 20 | | 8. Violation of Section 11-504 of this Code relating | 21 | | to the offense of drag racing; | 22 | | 9. Violation of Chapters 8 and 9 of this Code; | 23 | | 10. Violation of Section 12-5 of the Criminal Code of | 24 | | 1961 or the Criminal Code of 2012 arising from the use of a | 25 | | motor vehicle; | 26 | | 11. Violation of Section 11-204.1 of this Code |
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| 1 | | relating to aggravated fleeing or attempting to elude a | 2 | | peace officer; | 3 | | 12. Violation of paragraph (1) of subsection (b) of | 4 | | Section 6-507, or a similar law of any other state, | 5 | | relating to the unlawful operation of a commercial motor | 6 | | vehicle; | 7 | | 13. Violation of paragraph (a) of Section 11-502 of | 8 | | this Code or a similar provision of a local ordinance if | 9 | | the driver has been previously convicted of a violation of | 10 | | that Section or a similar provision of a local ordinance | 11 | | and the driver was less than 21 years of age at the time of | 12 | | the offense; | 13 | | 14. Violation of paragraph (a) or (a-5) of Section | 14 | | 11-506 of this Code or a similar provision of a local | 15 | | ordinance relating to the offense of street racing or | 16 | | street sideshow ; | 17 | | 15. A second or subsequent conviction of driving while | 18 | | the person's driver's license, permit or privileges was | 19 | | revoked for reckless homicide or a similar out-of-state | 20 | | offense; | 21 | | 16. Any offense against any provision in this Code, or | 22 | | any local ordinance, regulating the movement of traffic | 23 | | when that offense was the proximate cause of the death of | 24 | | any person. Any person whose driving privileges have been | 25 | | revoked pursuant to this paragraph may seek to have the | 26 | | revocation terminated or to have the length of revocation |
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| 1 | | reduced by requesting an administrative hearing with the | 2 | | Secretary of State prior to the projected driver's license | 3 | | application eligibility date; | 4 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 5 | | of this Code or a similar provision of a local ordinance; | 6 | | 18. A second or subsequent conviction of illegal | 7 | | possession, while operating or in actual physical control, | 8 | | as a driver, of a motor vehicle, of any controlled | 9 | | substance prohibited under the Illinois Controlled | 10 | | Substances Act, any cannabis prohibited under the Cannabis | 11 | | Control Act, or any methamphetamine prohibited under the | 12 | | Methamphetamine Control and Community Protection Act. A | 13 | | defendant found guilty of this offense while operating a | 14 | | motor vehicle shall have an entry made in the court record | 15 | | by the presiding judge that this offense did occur while | 16 | | the defendant was operating a motor vehicle and order the | 17 | | clerk of the court to report the violation to the | 18 | | Secretary of State; | 19 | | 19. Violation of subsection (a) of Section 11-1414 of | 20 | | this Code, or a similar provision of a local ordinance, | 21 | | relating to the offense of overtaking or passing of a | 22 | | school bus when the driver, in committing the violation, | 23 | | is involved in a motor vehicle crash that results in death | 24 | | to another and the violation is a proximate cause of the | 25 | | death. | 26 | | (b) The Secretary of State shall also immediately revoke |
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| 1 | | the license or permit of any driver in the following | 2 | | situations: | 3 | | 1. Of any minor upon receiving the notice provided for | 4 | | in Section 5-901 of the Juvenile Court Act of 1987 that the | 5 | | minor has been adjudicated under that Act as having | 6 | | committed an offense relating to motor vehicles prescribed | 7 | | in Section 4-103 of this Code; | 8 | | 2. Of any person when any other law of this State | 9 | | requires either the revocation or suspension of a license | 10 | | or permit; | 11 | | 3. Of any person adjudicated under the Juvenile Court | 12 | | Act of 1987 based on an offense determined to have been | 13 | | committed in furtherance of the criminal activities of an | 14 | | organized gang as provided in Section 5-710 of that Act, | 15 | | and that involved the operation or use of a motor vehicle | 16 | | or the use of a driver's license or permit. The revocation | 17 | | shall remain in effect for the period determined by the | 18 | | court. | 19 | | (c)(1) Whenever a person is convicted of any of the | 20 | | offenses enumerated in this Section, the court may recommend | 21 | | and the Secretary of State in his discretion, without regard | 22 | | to whether the recommendation is made by the court may, upon | 23 | | application, issue to the person a restricted driving permit | 24 | | granting the privilege of driving a motor vehicle between the | 25 | | petitioner's residence and petitioner's place of employment or | 26 | | within the scope of the petitioner's employment related |
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| 1 | | duties, or to allow the petitioner to transport himself or | 2 | | herself or a family member of the petitioner's household to a | 3 | | medical facility for the receipt of necessary medical care or | 4 | | to allow the petitioner to transport himself or herself to and | 5 | | from alcohol or drug remedial or rehabilitative activity | 6 | | recommended by a licensed service provider, or to allow the | 7 | | petitioner to transport himself or herself or a family member | 8 | | of the petitioner's household to classes, as a student, at an | 9 | | accredited educational institution, or to allow the petitioner | 10 | | to transport children, elderly persons, or persons with | 11 | | disabilities who do not hold driving privileges and are living | 12 | | in the petitioner's household to and from daycare; if the | 13 | | petitioner is able to demonstrate that no alternative means of | 14 | | transportation is reasonably available and that the petitioner | 15 | | will not endanger the public safety or welfare; provided that | 16 | | the Secretary's discretion shall be limited to cases where | 17 | | undue hardship, as defined by the rules of the Secretary of | 18 | | State, would result from a failure to issue the restricted | 19 | | driving permit. | 20 | | (1.5) A person subject to the provisions of paragraph 4 of | 21 | | subsection (b) of Section 6-208 of this Code may make | 22 | | application for a restricted driving permit at a hearing | 23 | | conducted under Section 2-118 of this Code after the | 24 | | expiration of 5 years from the effective date of the most | 25 | | recent revocation, or after 5 years from the date of release | 26 | | from a period of imprisonment resulting from a conviction of |
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| 1 | | the most recent offense, whichever is later, provided the | 2 | | person, in addition to all other requirements of the | 3 | | Secretary, shows by clear and convincing evidence: | 4 | | (A) a minimum of 3 years of uninterrupted abstinence | 5 | | from alcohol and the unlawful use or consumption of | 6 | | cannabis under the Cannabis Control Act, a controlled | 7 | | substance under the Illinois Controlled Substances Act, an | 8 | | intoxicating compound under the Use of Intoxicating | 9 | | Compounds Act, or methamphetamine under the | 10 | | Methamphetamine Control and Community Protection Act; and | 11 | | (B) the successful completion of any rehabilitative | 12 | | treatment and involvement in any ongoing rehabilitative | 13 | | activity that may be recommended by a properly licensed | 14 | | service provider according to an assessment of the | 15 | | person's alcohol or drug use under Section 11-501.01 of | 16 | | this Code. | 17 | | In determining whether an applicant is eligible for a | 18 | | restricted driving permit under this paragraph (1.5), the | 19 | | Secretary may consider any relevant evidence, including, but | 20 | | not limited to, testimony, affidavits, records, and the | 21 | | results of regular alcohol or drug tests. Persons subject to | 22 | | the provisions of paragraph 4 of subsection (b) of Section | 23 | | 6-208 of this Code and who have been convicted of more than one | 24 | | violation of paragraph (3), paragraph (4), or paragraph (5) of | 25 | | subsection (a) of Section 11-501 of this Code shall not be | 26 | | eligible to apply for a restricted driving permit. |
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| 1 | | A restricted driving permit issued under this paragraph | 2 | | (1.5) shall provide that the holder may only operate motor | 3 | | vehicles equipped with an ignition interlock device as | 4 | | required under paragraph (2) of subsection (c) of this Section | 5 | | and subparagraph (A) of paragraph 3 of subsection (c) of | 6 | | Section 6-206 of this Code. The Secretary may revoke a | 7 | | restricted driving permit or amend the conditions of a | 8 | | restricted driving permit issued under this paragraph (1.5) if | 9 | | the holder operates a vehicle that is not equipped with an | 10 | | ignition interlock device, or for any other reason authorized | 11 | | under this Code. | 12 | | A restricted driving permit issued under this paragraph | 13 | | (1.5) shall be revoked, and the holder barred from applying | 14 | | for or being issued a restricted driving permit in the future, | 15 | | if the holder is subsequently convicted of a violation of | 16 | | Section 11-501 of this Code, a similar provision of a local | 17 | | ordinance, or a similar offense in another state. | 18 | | (2) 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 ordinance | 21 | | or a similar out-of-state offense, or Section 9-3 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012, where the | 23 | | use of alcohol or other drugs is recited as an element of the | 24 | | offense, or a similar out-of-state offense, or a combination | 25 | | of these offenses, arising out of separate occurrences, that | 26 | | person, if issued a restricted driving permit, may not operate |
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| 1 | | a vehicle unless it has been equipped with an ignition | 2 | | interlock device as defined in Section 1-129.1. | 3 | | (3) If: | 4 | | (A) 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 | 9 | | Section 9-3 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012, where the use of alcohol or | 11 | | other drugs is recited as an element of the offense, or | 12 | | a similar out-of-state offense; or | 13 | | (ii) a statutory summary suspension or revocation | 14 | | under Section 11-501.1; or | 15 | | (iii) a suspension pursuant to Section 6-203.1; | 16 | | arising out of separate occurrences; or | 17 | | (B) a person has been convicted of one violation of | 18 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 19 | | of Section 11-501 of this Code, Section 9-3 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012, | 21 | | relating to the offense of reckless homicide where the use | 22 | | of alcohol or other drugs was recited as an element of the | 23 | | offense, or a similar provision of a law of another state; | 24 | | that person, if issued a restricted driving permit, may not | 25 | | operate a vehicle unless it has been equipped with an ignition | 26 | | interlock device as defined in Section 1-129.1. |
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| 1 | | (4) The person issued a permit conditioned on the use of an | 2 | | ignition interlock device must pay to the Secretary of State | 3 | | DUI Administration Fund an amount not to exceed $30 per month. | 4 | | The Secretary shall establish by rule the amount and the | 5 | | procedures, terms, and conditions relating to these fees. | 6 | | (5) If the restricted driving permit is issued for | 7 | | employment purposes, then the prohibition against operating a | 8 | | motor vehicle that is not equipped with an ignition interlock | 9 | | device does not apply to the operation of an occupational | 10 | | vehicle owned or leased by that person's employer when used | 11 | | solely for employment purposes. For any person who, within a | 12 | | 5-year period, is convicted of a second or subsequent offense | 13 | | under Section 11-501 of this Code, or a similar provision of a | 14 | | local ordinance or similar out-of-state offense, this | 15 | | employment exemption does not apply until either a one-year | 16 | | period has elapsed during which that person had his or her | 17 | | driving privileges revoked or a one-year period has elapsed | 18 | | during which that person had a restricted driving permit which | 19 | | required the use of an ignition interlock device on every | 20 | | motor vehicle owned or operated by that person. | 21 | | (6) In each case the Secretary of State may issue a | 22 | | restricted driving permit for a period he deems appropriate, | 23 | | except that the permit shall expire no later than 2 years from | 24 | | the date of issuance. A restricted driving permit issued under | 25 | | this Section shall be subject to cancellation, revocation, and | 26 | | suspension by the Secretary of State in like manner and for |
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| 1 | | like cause as a driver's license issued under this Code may be | 2 | | cancelled, revoked, or suspended; except that a conviction | 3 | | upon one or more offenses against laws or ordinances | 4 | | regulating the movement of traffic shall be deemed sufficient | 5 | | cause for the revocation, suspension, or cancellation of a | 6 | | restricted driving permit. The Secretary of State may, as a | 7 | | condition to the issuance of a restricted driving permit, | 8 | | require the petitioner to participate in a designated driver | 9 | | remedial or rehabilitative program. The Secretary of State is | 10 | | authorized to cancel a restricted driving permit if the permit | 11 | | holder does not successfully complete the program. However, if | 12 | | an individual's driving privileges have been revoked in | 13 | | accordance with paragraph 13 of subsection (a) of this | 14 | | Section, no restricted driving permit shall be issued until | 15 | | the individual has served 6 months of the revocation period. | 16 | | (c-5) (Blank). | 17 | | (c-6) If a person is convicted of a second violation of | 18 | | operating a motor vehicle while the person's driver's license, | 19 | | permit or privilege was revoked, where the revocation was for | 20 | | a violation of Section 9-3 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012 relating to the offense of reckless | 22 | | homicide or a similar out-of-state offense, the person's | 23 | | driving privileges shall be revoked pursuant to subdivision | 24 | | (a)(15) of this Section. The person may not make application | 25 | | for a license or permit until the expiration of five years from | 26 | | the effective date of the revocation or the expiration of five |
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| 1 | | years from the date of release from a term of imprisonment, | 2 | | whichever is later. | 3 | | (c-7) If a person is convicted of a third or subsequent | 4 | | violation of operating a motor vehicle while the person's | 5 | | driver's license, permit or privilege was revoked, where the | 6 | | revocation was for a violation of Section 9-3 of the Criminal | 7 | | Code of 1961 or the Criminal Code of 2012 relating to the | 8 | | offense of reckless homicide or a similar out-of-state | 9 | | offense, the person may never apply for a license or permit. | 10 | | (d)(1) Whenever a person under the age of 21 is convicted | 11 | | under Section 11-501 of this Code or a similar provision of a | 12 | | local ordinance or a similar out-of-state offense, the | 13 | | Secretary of State shall revoke the driving privileges of that | 14 | | person. One year after the date of revocation, and upon | 15 | | application, the Secretary of State may, if satisfied that the | 16 | | person applying will not endanger the public safety or | 17 | | welfare, issue a restricted driving permit granting the | 18 | | privilege of driving a motor vehicle only between the hours of | 19 | | 5 a.m. and 9 p.m. or as otherwise provided by this Section for | 20 | | a period of one year. After this one-year period, and upon | 21 | | reapplication for a license as provided in Section 6-106, upon | 22 | | payment of the appropriate reinstatement fee provided under | 23 | | paragraph (b) of Section 6-118, the Secretary of State, in his | 24 | | discretion, may reinstate the petitioner's driver's license | 25 | | and driving privileges, or extend the restricted driving | 26 | | permit as many times as the Secretary of State deems |
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| 1 | | appropriate, by additional periods of not more than 24 months | 2 | | each. | 3 | | (2) If a person's license or permit is revoked or | 4 | | suspended due to 2 or more convictions of violating Section | 5 | | 11-501 of this Code or a similar provision of a local ordinance | 6 | | or a similar out-of-state offense, or Section 9-3 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012, where the | 8 | | use of alcohol or other drugs is recited as an element of the | 9 | | offense, or a similar out-of-state offense, or a combination | 10 | | of these offenses, arising out of separate occurrences, that | 11 | | person, if issued a restricted driving permit, may not operate | 12 | | a vehicle unless it has been equipped with an ignition | 13 | | interlock device as defined in Section 1-129.1. | 14 | | (3) If a person's license or permit is revoked or | 15 | | suspended 2 or more times due to any combination of: | 16 | | (A) a single conviction of violating Section 11-501 of | 17 | | this Code or a similar provision of a local ordinance or a | 18 | | similar out-of-state offense, or Section 9-3 of the | 19 | | Criminal Code of 1961 or the Criminal Code of 2012, where | 20 | | the use of alcohol or other drugs is recited as an element | 21 | | of the offense, or a similar out-of-state offense; or | 22 | | (B) a statutory summary suspension or revocation under | 23 | | Section 11-501.1; or | 24 | | (C) a suspension pursuant to Section 6-203.1; | 25 | | arising out of separate occurrences, that person, if issued a | 26 | | restricted driving permit, may not operate a vehicle unless it |
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| 1 | | has been equipped with an ignition interlock device as defined | 2 | | in Section 1-129.1. | 3 | | (3.5) If a person's license or permit is revoked or | 4 | | suspended due to a conviction for a violation of subparagraph | 5 | | (C) or (F) of paragraph (1) of subsection (d) of Section 11-501 | 6 | | of this Code, or a similar provision of a local ordinance or | 7 | | similar out-of-state offense, that person, if issued a | 8 | | restricted driving permit, may not operate a vehicle unless it | 9 | | has been equipped with an ignition interlock device as defined | 10 | | in Section 1-129.1. | 11 | | (4) The person issued a permit conditioned upon the use of | 12 | | an interlock device must pay to the Secretary of State DUI | 13 | | Administration Fund an amount not to exceed $30 per month. The | 14 | | Secretary shall establish by rule the amount and the | 15 | | procedures, terms, and conditions relating to these fees. | 16 | | (5) If the restricted driving permit is issued for | 17 | | employment purposes, then the prohibition against driving a | 18 | | vehicle that is not equipped with an ignition interlock device | 19 | | does not apply to the operation of an occupational vehicle | 20 | | owned or leased by that person's employer when used solely for | 21 | | employment purposes. For any person who, within a 5-year | 22 | | period, is convicted of a second or subsequent offense under | 23 | | Section 11-501 of this Code, or a similar provision of a local | 24 | | ordinance or similar out-of-state offense, this employment | 25 | | exemption does not apply until either a one-year period has | 26 | | elapsed during which that person had his or her driving |
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| 1 | | privileges revoked or a one-year period has elapsed during | 2 | | which that person had a restricted driving permit which | 3 | | required the use of an ignition interlock device on every | 4 | | motor vehicle owned or operated by that person. | 5 | | (6) A restricted driving permit issued under this Section | 6 | | shall be subject to cancellation, revocation, and suspension | 7 | | by the Secretary of State in like manner and for like cause as | 8 | | a driver's license issued under this Code may be cancelled, | 9 | | revoked, or suspended; except that a conviction upon one or | 10 | | more offenses against laws or ordinances regulating the | 11 | | movement of traffic shall be deemed sufficient cause for the | 12 | | revocation, suspension, or cancellation of a restricted | 13 | | driving permit. | 14 | | (d-5) The revocation of the license, permit, or driving | 15 | | privileges of a person convicted of a third or subsequent | 16 | | violation of Section 6-303 of this Code committed while his or | 17 | | her driver's license, permit, or privilege was revoked because | 18 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 19 | | the Criminal Code of 2012, relating to the offense of reckless | 20 | | homicide, or a similar provision of a law of another state, is | 21 | | permanent. The Secretary may not, at any time, issue a license | 22 | | or permit to that person. | 23 | | (e) This Section is subject to the provisions of the | 24 | | Driver License Compact. | 25 | | (f) Any revocation imposed upon any person under | 26 | | subsections 2 and 3 of paragraph (b) that is in effect on |
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| 1 | | December 31, 1988 shall be converted to a suspension for a like | 2 | | period of time. | 3 | | (g) The Secretary of State shall not issue a restricted | 4 | | driving permit to a person under the age of 16 years whose | 5 | | driving privileges have been revoked under any provisions of | 6 | | this Code. | 7 | | (h) The Secretary of State shall require the use of | 8 | | ignition interlock devices for a period not less than 5 years | 9 | | on all vehicles owned by a person who has been convicted of a | 10 | | second or subsequent offense under Section 11-501 of this Code | 11 | | or a similar provision of a local ordinance. The person must | 12 | | pay to the Secretary of State DUI Administration Fund an | 13 | | amount not to exceed $30 for each month that he or she uses the | 14 | | device. The Secretary shall establish by rule and regulation | 15 | | the procedures for certification and use of the interlock | 16 | | system, the amount of the fee, and the procedures, terms, and | 17 | | conditions relating to these fees. During the time period in | 18 | | which a person is required to install an ignition interlock | 19 | | device under this subsection (h), that person shall only | 20 | | operate vehicles in which ignition interlock devices have been | 21 | | installed, except as allowed by subdivision (c)(5) or (d)(5) | 22 | | of this Section. Regardless of whether an exemption under | 23 | | subdivision (c) (5) or (d) (5) applies, every person subject | 24 | | to this subsection shall not be eligible for reinstatement | 25 | | until the person installs an ignition interlock device and | 26 | | maintains the ignition interlock device for 5 years. |
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| 1 | | (i) (Blank). | 2 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 3 | | State may not issue a restricted driving permit for the | 4 | | operation of a commercial motor vehicle to a person holding a | 5 | | CDL whose driving privileges have been revoked, suspended, | 6 | | cancelled, or disqualified under any provisions of this Code. | 7 | | (k) The Secretary of State shall notify by mail any person | 8 | | whose driving privileges have been revoked under paragraph 16 | 9 | | of subsection (a) of this Section that his or her driving | 10 | | privileges and driver's license will be revoked 90 days from | 11 | | the date of the mailing of the notice. | 12 | | (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21; | 13 | | 102-982, eff. 7-1-23 .)". |
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