Illinois General Assembly - Full Text of SB0125
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Full Text of SB0125  103rd General Assembly

SB0125ham001 103RD GENERAL ASSEMBLY

Rep. Dave Vella

Filed: 5/22/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 125

2    AMENDMENT NO. ______. Amend Senate Bill 125 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 27-24.2 and 27-24.2a as follows:
 
6    (105 ILCS 5/27-24.2)  (from Ch. 122, par. 27-24.2)
7    Sec. 27-24.2. Safety education; driver education course.
8Instruction shall be given in safety education in each of
9grades one through 8, equivalent to one class period each
10week, and any school district which maintains grades 9 through
1112 shall offer a driver education course in any such school
12which it operates. Its curriculum shall include content
13dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois
14Vehicle Code, the rules adopted pursuant to those Chapters
15insofar as they pertain to the operation of motor vehicles,
16and the portions of the Litter Control Act relating to the

 

 

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1operation of motor vehicles. The course of instruction given
2in grades 10 through 12 shall include an emphasis on the
3development of knowledge, attitudes, habits, and skills
4necessary for the safe operation of motor vehicles, including
5motorcycles insofar as they can be taught in the classroom,
6and instruction on distracted driving as a major traffic
7safety issue. In addition, the course shall include
8instruction on special hazards existing at and required safety
9and driving precautions that must be observed at emergency
10situations, highway construction and maintenance zones, and
11railroad crossings and the approaches thereto. Beginning with
12the 2017-2018 school year, the course shall also include
13instruction concerning law enforcement procedures for traffic
14stops, including a demonstration of the proper actions to be
15taken during a traffic stop and appropriate interactions with
16law enforcement. Beginning with the 2024-2025 school year, the
17course shall also include information pertaining to the best
18practices for safely sharing the roadway with bicyclists and
19pedestrians. The course of instruction required of each
20eligible student at the high school level shall consist of a
21minimum of 30 clock hours of classroom instruction and a
22minimum of 6 clock hours of individual behind-the-wheel
23instruction in a dual control car on public roadways taught by
24a driver education instructor endorsed by the State Board of
25Education. A school district's decision to allow a student to
26take a portion of the driver education course through a

 

 

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1distance learning program must be determined on a case-by-case
2basis and must be approved by the school's administration,
3including the student's driver education teacher, and the
4student's parent or guardian. Under no circumstances may the
5student take the entire driver education course through a
6distance learning program. Both the classroom instruction part
7and the practice driving part of a driver education course
8shall be open to a resident or non-resident student attending
9a non-public school in the district wherein the course is
10offered. Each student attending any public or non-public high
11school in the district must receive a passing grade in at least
128 courses during the previous 2 semesters prior to enrolling
13in a driver education course, or the student shall not be
14permitted to enroll in the course; provided that the local
15superintendent of schools (with respect to a student attending
16a public high school in the district) or chief school
17administrator (with respect to a student attending a
18non-public high school in the district) may waive the
19requirement if the superintendent or chief school
20administrator, as the case may be, deems it to be in the best
21interest of the student. A student may be allowed to commence
22the classroom instruction part of such driver education course
23prior to reaching age 15 if such student then will be eligible
24to complete the entire course within 12 months after being
25allowed to commence such classroom instruction.
26    A school district may offer a driver education course in a

 

 

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1school by contracting with a commercial driver training school
2to provide both the classroom instruction part and the
3practice driving part or either one without having to request
4a modification or waiver of administrative rules of the State
5Board of Education if the school district approves the action
6during a public hearing on whether to enter into a contract
7with a commercial driver training school. The public hearing
8shall be held at a regular or special school board meeting
9prior to entering into such a contract. If a school district
10chooses to approve a contract with a commercial driver
11training school, then the district must provide evidence to
12the State Board of Education that the commercial driver
13training school with which it will contract holds a license
14issued by the Secretary of State under Article IV of Chapter 6
15of the Illinois Vehicle Code and that each instructor employed
16by the commercial driver training school to provide
17instruction to students served by the school district holds a
18valid teaching license issued under the requirements of this
19Code and rules of the State Board of Education. Such evidence
20must include, but need not be limited to, a list of each
21instructor assigned to teach students served by the school
22district, which list shall include the instructor's name,
23personal identification number as required by the State Board
24of Education, birth date, and driver's license number. Once
25the contract is entered into, the school district shall notify
26the State Board of Education of any changes in the personnel

 

 

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1providing instruction either (i) within 15 calendar days after
2an instructor leaves the program or (ii) before a new
3instructor is hired. Such notification shall include the
4instructor's name, personal identification number as required
5by the State Board of Education, birth date, and driver's
6license number. If the school district maintains an Internet
7website, then the district shall post a copy of the final
8contract between the district and the commercial driver
9training school on the district's Internet website. If no
10Internet website exists, then the school district shall make
11available the contract upon request. A record of all materials
12in relation to the contract must be maintained by the school
13district and made available to parents and guardians upon
14request. The instructor's date of birth and driver's license
15number and any other personally identifying information as
16deemed by the federal Driver's Privacy Protection Act of 1994
17must be redacted from any public materials.
18    Such a course may be commenced immediately after the
19completion of a prior course. Teachers of such courses shall
20meet the licensure requirements of this Code and regulations
21of the State Board as to qualifications. Except for a contract
22with a Certified Driver Rehabilitation Specialist, a school
23district that contracts with a third party to teach a driver
24education course under this Section must ensure the teacher
25meets the educator licensure and endorsement requirements
26under Article 21B and must follow the same evaluation and

 

 

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1observation requirements that apply to non-tenured teachers
2under Article 24A. The teacher evaluation must be conducted by
3a school administrator employed by the school district and
4must be submitted annually to the district superintendent and
5all school board members for oversight purposes.
6    Subject to rules of the State Board of Education, the
7school district may charge a reasonable fee, not to exceed
8$50, to students who participate in the course, unless a
9student is unable to pay for such a course, in which event the
10fee for such a student must be waived. However, the district
11may increase this fee to an amount not to exceed $250 by school
12board resolution following a public hearing on the increase,
13which increased fee must be waived for students who
14participate in the course and are unable to pay for the course.
15The total amount from driver education fees and reimbursement
16from the State for driver education must not exceed the total
17cost of the driver education program in any year and must be
18deposited into the school district's driver education fund as
19a separate line item budget entry. All moneys deposited into
20the school district's driver education fund must be used
21solely for the funding of a high school driver education
22program approved by the State Board of Education that uses
23driver education instructors endorsed by the State Board of
24Education.
25(Source: P.A. 101-183, eff. 8-2-19; 101-450, eff. 8-23-19;
26102-558, eff. 8-20-21.)
 

 

 

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1    (105 ILCS 5/27-24.2a)
2    Sec. 27-24.2a. Non-public school driver education course.
3Beginning with the 2017-2018 school year, any non-public
4school's driver education course shall include instruction
5concerning law enforcement procedures for traffic stops,
6including a demonstration of the proper actions to be taken
7during a traffic stop and appropriate interactions with law
8enforcement. Beginning with the 2024-2025 school year, the
9course shall also include information pertaining to the best
10practices for safely sharing the roadway with bicyclists and
11pedestrians.
12(Source: P.A. 99-720, eff. 1-1-17.)
 
13    Section 10. The Illinois Vehicle Code is amended by
14changing Sections 2-112, 6-107.5, 6-109, 6-117, 6-205, 6-206,
156-208, 6-301, 6-521, 7-211, 7-503, 11-306, 11-307, 11-501.01,
1611-501.1, 11-703, and 11-1425 and by adding Section 11-712 as
17follows:
 
18    (625 ILCS 5/2-112)  (from Ch. 95 1/2, par. 2-112)
19    Sec. 2-112. Distribution of synopsis laws.
20    (a) The Secretary of State may publish a synopsis or
21summary of the laws of this State regulating the operation of
22vehicles and may deliver a copy thereof without charge with
23each original vehicle registration and with each original

 

 

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1driver's license.
2    (b) The Secretary of State shall make any necessary
3revisions in its publications, including, but not limited to,
4the Illinois Rules of the Road, to accurately conform its
5publications to the provisions of the Pedestrians with
6Disabilities Safety Act.
7    (c) The Secretary of State shall include, in the Illinois
8Rules of the Road publication, information advising drivers of
9the laws and best practices for safely sharing the roadway
10with bicyclists and pedestrians, including, but not limited
11to, information advising drivers to use the Dutch Reach method
12when opening a vehicle door after parallel parking on a street
13(checking the rear-view mirror, checking the side-view mirror,
14then opening the door with the right hand, thereby reducing
15the risk of injuring a bicyclist or opening the door in the
16path a vehicle approaching from behind).
17    (d) The Secretary of State shall include, in the Illinois
18Rules of the Road publication, information advising drivers to
19use the zipper merge method when merging into a reduced number
20of lanes (drivers in merging lanes are expected to use both
21lanes to advance to the lane reduction point and merge at that
22location, alternating turns).
23    (e) The Secretary of State, in consultation with the
24Illinois State Police, shall include in the Illinois Rules of
25the Road publication a description of law enforcement
26procedures during traffic stops and the actions that a

 

 

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1motorist should take during a traffic stop, including
2appropriate interactions with law enforcement officers.
3    (f) The Secretary of State shall include, in the Illinois
4Rules of Road publication, information advising drivers on
5best practices related to stranded motorists. This may
6include, but is not limited to, how to safely pull the vehicle
7out of traffic, activating hazard lights, when to remain in a
8vehicle, how to safely exit a stranded vehicle, where to find a
9safe place outside the stranded vehicle, and emergency numbers
10to call for assistance.
11(Source: P.A. 102-455, eff. 1-1-22; 103-249, eff. 1-1-24.)
 
12    (625 ILCS 5/6-107.5)
13    Sec. 6-107.5. Adult Driver Education Course.
14    (a) The Secretary shall establish by rule the curriculum
15and designate the materials to be used in an adult driver
16education course. The course shall be at least 6 hours in
17length and shall include instruction on traffic laws; highway
18signs, signals, and markings that regulate, warn, or direct
19traffic; issues commonly associated with motor vehicle
20crashes, including poor decision-making, risk taking, impaired
21driving, distraction, speed, failure to use a safety belt,
22driving at night, failure to yield the right-of-way, texting
23while driving, using wireless communication devices, and
24alcohol and drug awareness; and instruction on law enforcement
25procedures during traffic stops, including actions that a

 

 

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1motorist should take during a traffic stop and appropriate
2interactions with law enforcement officers; and information
3advising drivers of the laws and best practices for safely
4sharing the roadway with bicyclists and pedestrians. The
5curriculum shall not require the operation of a motor vehicle.
6    (b) The Secretary shall certify course providers. The
7requirements to be a certified course provider, the process
8for applying for certification, and the procedure for
9decertifying a course provider shall be established by rule.
10    (b-5) In order to qualify for certification as an adult
11driver education course provider, each applicant must
12authorize an investigation that includes a fingerprint-based
13background check to determine if the applicant has ever been
14convicted of a criminal offense and, if so, the disposition of
15any conviction. This authorization shall indicate the scope of
16the inquiry and the agencies that may be contacted. Upon
17receiving this authorization, the Secretary of State may
18request and receive information and assistance from any
19federal, State, or local governmental agency as part of the
20authorized investigation. Each applicant shall submit his or
21her fingerprints to the Illinois State Police in the form and
22manner prescribed by the Illinois State Police. These
23fingerprints shall be checked against fingerprint records now
24and hereafter filed in the Illinois State Police and Federal
25Bureau of Investigation criminal history record databases. The
26Illinois State Police shall charge applicants a fee for

 

 

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1conducting the criminal history record check, which shall be
2deposited into the State Police Services Fund and shall not
3exceed the actual cost of the State and national criminal
4history record check. The Illinois State Police shall furnish,
5pursuant to positive identification, records of Illinois
6criminal convictions to the Secretary and shall forward the
7national criminal history record information to the Secretary.
8Applicants shall pay any other fingerprint-related fees.
9Unless otherwise prohibited by law, the information derived
10from the investigation, including the source of the
11information and any conclusions or recommendations derived
12from the information by the Secretary of State, shall be
13provided to the applicant upon request to the Secretary of
14State prior to any final action by the Secretary of State on
15the application. Any criminal conviction information obtained
16by the Secretary of State shall be confidential and may not be
17transmitted outside the Office of the Secretary of State,
18except as required by this subsection (b-5), and may not be
19transmitted to anyone within the Office of the Secretary of
20State except as needed for the purpose of evaluating the
21applicant. At any administrative hearing held under Section
222-118 of this Code relating to the denial, cancellation,
23suspension, or revocation of certification of an adult driver
24education course provider, the Secretary of State may utilize
25at that hearing any criminal history, criminal conviction, and
26disposition information obtained under this subsection (b-5).

 

 

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1The information obtained from the investigation may be
2maintained by the Secretary of State or any agency to which the
3information was transmitted. Only information and standards
4which bear a reasonable and rational relation to the
5performance of providing adult driver education shall be used
6by the Secretary of State. Any employee of the Secretary of
7State who gives or causes to be given away any confidential
8information concerning any criminal convictions or disposition
9of criminal convictions of an applicant shall be guilty of a
10Class A misdemeanor unless release of the information is
11authorized by this Section.
12    (c) The Secretary may permit a course provider to offer
13the course online, if the Secretary is satisfied the course
14provider has established adequate procedures for verifying:
15        (1) the identity of the person taking the course
16    online; and
17        (2) the person completes the entire course.
18    (d) The Secretary shall establish a method of electronic
19verification of a student's successful completion of the
20course.
21    (e) The fee charged by the course provider must bear a
22reasonable relationship to the cost of the course. The
23Secretary shall post on the Secretary of State's website a
24list of approved course providers, the fees charged by the
25providers, and contact information for each provider.
26    (f) In addition to any other fee charged by the course

 

 

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1provider, the course provider shall collect a fee of $5 from
2each student to offset the costs incurred by the Secretary in
3administering this program. The $5 shall be submitted to the
4Secretary within 14 days of the day on which it was collected.
5All such fees received by the Secretary shall be deposited in
6the Secretary of State Driver Services Administration Fund.
7(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21;
8102-813, eff. 5-13-22; 102-982, eff. 7-1-23.)
 
9    (625 ILCS 5/6-109)
10    Sec. 6-109. Examination of applicants.
11    (a) The Secretary of State shall examine every applicant
12for a driver's license or permit who has not been previously
13licensed as a driver under the laws of this State or any other
14state or country, or any applicant for renewal of such
15driver's license or permit when such license or permit has
16been expired for more than one year. The Secretary of State
17shall, subject to the provisions of paragraph (c), examine
18every licensed driver at least every 8 years, and may examine
19or re-examine any other applicant or licensed driver, provided
20that during the years 1984 through 1991 those drivers issued a
21license for 3 years may be re-examined not less than every 7
22years or more than every 10 years.
23    The Secretary of State shall require the testing of the
24eyesight of any driver's license or permit applicant who has
25not been previously licensed as a driver under the laws of this

 

 

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1State and shall promulgate rules and regulations to provide
2for the orderly administration of all the provisions of this
3Section.
4    The Secretary of State shall include at least one test
5question that concerns the provisions of the Pedestrians with
6Disabilities Safety Act in the question pool used for the
7written portion of the driver's license examination within one
8year after July 22, 2010 (the effective date of Public Act
996-1167).
10    The Secretary of State shall include, in the question pool
11used for the written portion of the driver's license
12examination, test questions concerning safe driving in the
13presence of bicycles, of which one may be concerning the Dutch
14Reach method as described in Section 2-112.
15    The Secretary of State shall include, in the question pool
16used for the written portion of the driver's license
17examination, at least one test question concerning driver
18responsibilities when approaching a stationary emergency
19vehicle as described in Section 11-907.
20    (b) Except as provided for those applicants in paragraph
21(c), such examination shall include a test of the applicant's
22eyesight, his or her ability to read and understand official
23traffic control devices, his or her knowledge of safe driving
24practices and the traffic laws of this State, and may include
25an actual demonstration of the applicant's ability to exercise
26ordinary and reasonable control of the operation of a motor

 

 

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1vehicle, and such further physical and mental examination as
2the Secretary of State finds necessary to determine the
3applicant's fitness to operate a motor vehicle safely on the
4highways, except the examination of an applicant 75 years of
5age or older or, if the Secretary adopts rules under Section 37
6of the Secretary of State Act to raise the age requirement for
7actual demonstrations, the examination of an applicant who has
8attained that increased age or is older shall include an
9actual demonstration of the applicant's ability to exercise
10ordinary and reasonable control of the operation of a motor
11vehicle. All portions of written and verbal examinations under
12this Section, excepting where the English language appears on
13facsimiles of road signs, may be given in the Spanish language
14and, at the discretion of the Secretary of State, in any other
15language as well as in English upon request of the examinee.
16Deaf persons who are otherwise qualified are not prohibited
17from being issued a license, other than a commercial driver's
18license, under this Code. The examination to test an
19applicant's ability to read and understand official traffic
20control devices and knowledge of safe driving practices and
21the traffic laws of this State may be administered at a
22Secretary of State facility, remotely via the Internet, or in
23a manner otherwise specified by the Secretary of State in
24administrative rule.
25    (c) Re-examination for those applicants who at the time of
26renewing their driver's license possess a driving record

 

 

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1devoid of any convictions of traffic violations or evidence of
2committing an offense for which mandatory revocation would be
3required upon conviction pursuant to Section 6-205 at the time
4of renewal shall be in a manner prescribed by the Secretary in
5order to determine an applicant's ability to safely operate a
6motor vehicle, except that every applicant for the renewal of
7a driver's license who is 75 years of age or older or, if the
8Secretary adopts rules under Section 37 of the Secretary of
9State Act to raise the age requirement for actual
10demonstrations, every applicant for the renewal of a driver's
11license who has attained that increased age or is older must
12prove, by an actual demonstration, the applicant's ability to
13exercise reasonable care in the safe operation of a motor
14vehicle.
15    (d) In the event the applicant is not ineligible under the
16provisions of Section 6-103 to receive a driver's license, the
17Secretary of State shall make provision for giving an
18examination, either in the county where the applicant resides
19or at a place adjacent thereto reasonably convenient to the
20applicant, within not more than 30 days from the date said
21application is received.
22    (e) The Secretary of State may adopt rules regarding the
23use of foreign language interpreters during the application
24and examination process.
25(Source: P.A. 103-140, eff. 6-30-23.)
 

 

 

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1    (625 ILCS 5/6-117)  (from Ch. 95 1/2, par. 6-117)
2    Sec. 6-117. Records to be kept by the Secretary of State.
3    (a) The Secretary of State shall file every application
4for a license or permit accepted under this Chapter, and shall
5maintain suitable indexes thereof. The records of the
6Secretary of State shall indicate the action taken with
7respect to such applications.
8    (b) The Secretary of State shall maintain appropriate
9records of all licenses and permits refused, cancelled,
10disqualified, revoked, or suspended and of the revocation,
11suspension, and disqualification of driving privileges of
12persons not licensed under this Chapter, and such records
13shall note the reasons for such action.
14    (c) The Secretary of State shall maintain appropriate
15records of convictions reported under this Chapter. Records of
16conviction may be maintained in a computer processible medium.
17    (d) The Secretary of State may also maintain appropriate
18records of any crash reports received.
19    (e) The Secretary of State shall also maintain appropriate
20records of any disposition of supervision or records relative
21to a driver's referral to a driver remedial or rehabilitative
22program, as required by the Secretary of State or the courts.
23Such records shall only be available for use by the Secretary,
24the driver licensing administrator of any other state, law
25enforcement agencies, the courts, and the affected driver or,
26upon proper verification, such affected driver's attorney.

 

 

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1    (f) The Secretary of State shall also maintain or contract
2to maintain appropriate records of all photographs and
3signatures obtained in the process of issuing any driver's
4license, permit, or identification card. The record shall be
5confidential and shall not be disclosed except to those
6entities listed under Section 6-110.1 of this Code.
7    (g) The Secretary of State may establish a First Person
8Consent organ and tissue donor registry in compliance with
9subsection (b-1) of Section 5-20 of the Illinois Anatomical
10Gift Act, as follows:
11        (1) The Secretary shall offer, to each applicant for
12    issuance or renewal of a driver's license or
13    identification card who is 16 years of age or older, the
14    opportunity to have his or her name included in the First
15    Person Consent organ and tissue donor registry. The
16    Secretary must advise the applicant or licensee that he or
17    she is under no compulsion to have his or her name included
18    in the registry. An individual who agrees to having his or
19    her name included in the First Person Consent organ and
20    tissue donor registry has given full legal consent to the
21    donation of any of his or her organs or tissue upon his or
22    her death. A brochure explaining this method of executing
23    an anatomical gift must be given to each applicant for
24    issuance or renewal of a driver's license or
25    identification card. The brochure must advise the
26    applicant or licensee (i) that he or she is under no

 

 

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1    compulsion to have his or her name included in this
2    registry and (ii) that he or she may wish to consult with
3    family, friends, or clergy before doing so.
4        (2) The Secretary of State may establish additional
5    methods by which an individual may have his or her name
6    included in the First Person Consent organ and tissue
7    donor registry.
8        (3) When an individual has agreed to have his or her
9    name included in the First Person Consent organ and tissue
10    donor registry, the Secretary of State shall note that
11    agreement in the First Person consent organ and tissue
12    donor registry. Representatives of federally designated
13    organ procurement agencies and tissue banks and the
14    offices of Illinois county coroners and medical examiners
15    may inquire of the Secretary of State whether a potential
16    organ donor's name is included in the First Person Consent
17    organ and tissue donor registry, and the Secretary of
18    State may provide that information to the representative.
19        (4) An individual may withdraw his or her consent to
20    be listed in the First Person Consent organ and tissue
21    donor registry maintained by the Secretary of State by
22    notifying the Secretary of State in writing, or by any
23    other means approved by the Secretary, of the individual's
24    decision to have his or her name removed from the
25    registry.
26        (5) The Secretary of State may undertake additional

 

 

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1    efforts, including education and awareness activities, to
2    promote organ and tissue donation.
3        (6) In the absence of gross negligence or willful
4    misconduct, the Secretary of State and his or her
5    employees are immune from any civil or criminal liability
6    in connection with an individual's consent to be listed in
7    the organ and tissue donor registry.
8    (h) The Secretary of State may destroy a driving record
9created 20 or more years ago for a person who was convicted of
10an offense and who did not have an Illinois driver's license if
11the record no longer contains any convictions or withdrawal of
12driving privileges due to the convictions.
13(Source: P.A. 102-982, eff. 7-1-23.)
 
14    (625 ILCS 5/6-205)
15    Sec. 6-205. Mandatory revocation of license or permit;
16hardship cases.
17    (a) Except as provided in this Section, the Secretary of
18State shall immediately revoke the license, permit, or driving
19privileges of any driver upon receiving a report of the
20driver's conviction of any of the following offenses:
21        1. Reckless homicide resulting from the operation of a
22    motor vehicle;
23        2. Violation of Section 11-501 of this Code or a
24    similar provision of a local ordinance relating to the
25    offense of operating or being in physical control of a

 

 

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1    vehicle while under the influence of alcohol, other drug
2    or drugs, intoxicating compound or compounds, or any
3    combination thereof;
4        3. Any felony under the laws of any State or the
5    federal government in the commission of which a motor
6    vehicle was used;
7        4. Violation of Section 11-401 of this Code relating
8    to the offense of leaving the scene of a traffic crash
9    involving death or personal injury;
10        5. Perjury or the making of a false affidavit or
11    statement under oath to the Secretary of State under this
12    Code or under any other law relating to the ownership or
13    operation of motor vehicles;
14        6. Conviction upon 3 charges of violation of Section
15    11-503 of this Code relating to the offense of reckless
16    driving committed within a period of 12 months;
17        7. Conviction of any offense defined in Section 4-102
18    of this Code if the person exercised actual physical
19    control over the vehicle during the commission of the
20    offense;
21        8. Violation of Section 11-504 of this Code relating
22    to the offense of drag racing;
23        9. Violation of Chapters 8 and 9 of this Code;
24        10. Violation of Section 12-5 of the Criminal Code of
25    1961 or the Criminal Code of 2012 arising from the use of a
26    motor vehicle;

 

 

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1        11. Violation of Section 11-204.1 of this Code
2    relating to aggravated fleeing or attempting to elude a
3    peace officer;
4        12. Violation of paragraph (1) of subsection (b) of
5    Section 6-507, or a similar law of any other state,
6    relating to the unlawful operation of a commercial motor
7    vehicle;
8        13. Violation of paragraph (a) of Section 11-502 of
9    this Code or a similar provision of a local ordinance if
10    the driver has been previously convicted of a violation of
11    that Section or a similar provision of a local ordinance
12    and the driver was less than 21 years of age at the time of
13    the offense;
14        14. Violation of paragraph (a) of Section 11-506 of
15    this Code or a similar provision of a local ordinance
16    relating to the offense of street racing;
17        15. A second or subsequent conviction of driving while
18    the person's driver's license, permit, or privilege
19    privileges was revoked for reckless homicide or a similar
20    out-of-state 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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1the license or permit of any driver in the following
2situations:
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
20offenses enumerated in this Section, the court may recommend
21and the Secretary of State in his discretion, without regard
22to whether the recommendation is made by the court may, upon
23application, issue to the person a restricted driving permit
24granting the privilege of driving a motor vehicle between the
25petitioner's residence and petitioner's place of employment or
26within the scope of the petitioner's employment related

 

 

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1duties, or to allow the petitioner to transport himself or
2herself or a family member of the petitioner's household to a
3medical facility for the receipt of necessary medical care or
4to allow the petitioner to transport himself or herself to and
5from alcohol or drug remedial or rehabilitative activity
6recommended by a licensed service provider, or to allow the
7petitioner to transport himself or herself or a family member
8of the petitioner's household to classes, as a student, at an
9accredited educational institution, or to allow the petitioner
10to transport children, elderly persons, or persons with
11disabilities who do not hold driving privileges and are living
12in the petitioner's household to and from daycare; if the
13petitioner is able to demonstrate that no alternative means of
14transportation is reasonably available and that the petitioner
15will not endanger the public safety or welfare; provided that
16the Secretary's discretion shall be limited to cases where
17undue hardship, as defined by the rules of the Secretary of
18State, would result from a failure to issue the restricted
19driving permit.
20    (1.5) A person subject to the provisions of paragraph 4 of
21subsection (b) of Section 6-208 of this Code may make
22application for a restricted driving permit at a hearing
23conducted under Section 2-118 of this Code after the
24expiration of 5 years from the effective date of the most
25recent revocation, or after 5 years from the date of release
26from a period of imprisonment resulting from a conviction of

 

 

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1the most recent offense, whichever is later, provided the
2person, in addition to all other requirements of the
3Secretary, 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
18restricted driving permit under this paragraph (1.5), the
19Secretary may consider any relevant evidence, including, but
20not limited to, testimony, affidavits, records, and the
21results of regular alcohol or drug tests. Persons subject to
22the provisions of paragraph 4 of subsection (b) of Section
236-208 of this Code and who have been convicted of more than one
24violation of paragraph (3), paragraph (4), or paragraph (5) of
25subsection (a) of Section 11-501 of this Code shall not be
26eligible 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
3vehicles equipped with an ignition interlock device as
4required under paragraph (2) of subsection (c) of this Section
5and subparagraph (A) of paragraph 3 of subsection (c) of
6Section 6-206 of this Code. The Secretary may revoke a
7restricted driving permit or amend the conditions of a
8restricted driving permit issued under this paragraph (1.5) if
9the holder operates a vehicle that is not equipped with an
10ignition interlock device, or for any other reason authorized
11under this Code.
12    A restricted driving permit issued under this paragraph
13(1.5) shall be revoked, and the holder barred from applying
14for or being issued a restricted driving permit in the future,
15if the holder is subsequently convicted of a violation of
16Section 11-501 of this Code, a similar provision of a local
17ordinance, or a similar offense in another state or on a
18military installation.
19    (2) If a person's license or permit is revoked or
20suspended due to 2 or more convictions of violating Section
2111-501 of this Code, or a similar provision of a local
22ordinance or a similar out-of-state offense, or a similar
23offense committed on a military installation, or due to 2 or
24more convictions of violating Section 9-3 of the Criminal Code
25of 1961 or the Criminal Code of 2012, where the use of alcohol
26or other drugs is recited as an element of the offense, or a

 

 

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1similar out-of-state offense, or a combination of these
2offenses, arising out of separate occurrences, that person, if
3issued a restricted driving permit, may not operate a vehicle
4unless it has been equipped with an ignition interlock device
5as defined in Section 1-129.1.
6    (3) If:
7        (A) a person's license or permit is revoked or
8    suspended 2 or more times due to any combination of:
9            (i) a single conviction of violating Section
10        11-501 of this Code or a similar provision of a local
11        ordinance or a similar out-of-state offense or a
12        similar offense committed on a military installation,
13        or Section 9-3 of the Criminal Code of 1961 or the
14        Criminal Code of 2012, where the use of alcohol or
15        other drugs is recited as an element of the offense, or
16        a similar out-of-state offense or a similar offense
17        committed on a military installation; or
18            (ii) a statutory summary suspension or revocation
19        under Section 11-501.1 or a suspension under paragraph
20        6 of subsection (a) of Section 6-206 for refusal of
21        chemical testing in another state or a suspension
22        under paragraph (31) of subsection (a) of Section
23        6-206; or
24            (iii) a suspension pursuant to Section 6-203.1;
25    arising out of separate occurrences; or
26        (B) a person has been convicted of one violation of

 

 

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1    subparagraph (C) or (F) of paragraph (1) of subsection (d)
2    of Section 11-501 of this Code, Section 9-3 of the
3    Criminal Code of 1961 or the Criminal Code of 2012,
4    relating to the offense of reckless homicide where the use
5    of alcohol or other drugs was recited as an element of the
6    offense, or a similar provision of a law of another state
7    or military installation;
8that person, if issued a restricted driving permit, may not
9operate a vehicle unless it has been equipped with an ignition
10interlock device as defined in Section 1-129.1.
11    (4) The person issued a permit conditioned on the use of an
12ignition interlock device must pay to the Secretary of State
13DUI Administration Fund an amount not to exceed $30 per month.
14The Secretary shall establish by rule the amount and the
15procedures, terms, and conditions relating to these fees.
16    (5) If the restricted driving permit is issued for
17employment purposes, then the prohibition against operating a
18motor vehicle that is not equipped with an ignition interlock
19device does not apply to the operation of an occupational
20vehicle owned or leased by that person's employer when used
21solely for employment purposes. For any person who, within a
225-year period, is convicted of a second or subsequent offense
23under Section 11-501 of this Code, or a similar provision of a
24local ordinance or similar out-of-state offense or a similar
25offense committed on a military installation, this employment
26exemption does not apply until either a one-year period has

 

 

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1elapsed during which that person had his or her driving
2privileges revoked or a one-year period has elapsed during
3which that person had a restricted driving permit which
4required the use of an ignition interlock device on every
5motor vehicle owned or operated by that person.
6    (6) In each case the Secretary of State may issue a
7restricted driving permit for a period he deems appropriate,
8except that the permit shall expire no later than 2 years from
9the date of issuance. A restricted driving permit issued under
10this Section shall be subject to cancellation, revocation, and
11suspension by the Secretary of State in like manner and for
12like cause as a driver's license issued under this Code may be
13cancelled, revoked, or suspended; except that a conviction
14upon one or more offenses against laws or ordinances
15regulating the movement of traffic shall be deemed sufficient
16cause for the revocation, suspension, or cancellation of a
17restricted driving permit. The Secretary of State may, as a
18condition to the issuance of a restricted driving permit,
19require the petitioner to participate in a designated driver
20remedial or rehabilitative program. The Secretary of State is
21authorized to cancel a restricted driving permit if the permit
22holder does not successfully complete the program. However, if
23an individual's driving privileges have been revoked in
24accordance with paragraph 13 of subsection (a) of this
25Section, no restricted driving permit shall be issued until
26the individual has served 6 months of the revocation period.

 

 

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

 

 

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1State shall revoke the driving privileges of that person. One
2year after the date of revocation, and upon application, the
3Secretary of State may, if satisfied that the person applying
4will not endanger the public safety or welfare, issue a
5restricted driving permit granting the privilege of driving a
6motor vehicle only between the hours of 5 a.m. and 9 p.m. or as
7otherwise provided by this Section for a period of one year.
8After this one-year period, and upon reapplication for a
9license as provided in Section 6-106, upon payment of the
10appropriate reinstatement fee provided under paragraph (b) of
11Section 6-118, the Secretary of State, in his discretion, may
12reinstate the petitioner's driver's license and driving
13privileges, or extend the restricted driving permit as many
14times as the Secretary of State deems appropriate, by
15additional periods of not more than 24 months each.
16    (2) If a person's license or permit is revoked or
17suspended due to 2 or more convictions of violating Section
1811-501 of this Code or a similar provision of a local ordinance
19or a similar out-of-state offense, or a similar offense
20committed on a military installation, or Section 9-3 of the
21Criminal Code of 1961 or the Criminal Code of 2012, where the
22use of alcohol or other drugs is recited as an element of the
23offense, or a similar out-of-state offense, or a similar
24offense committed on a military installation, or a combination
25of these offenses, arising out of separate occurrences, that
26person, if issued a restricted driving permit, may not operate

 

 

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1a vehicle unless it has been equipped with an ignition
2interlock device as defined in Section 1-129.1.
3    (3) If a person's license or permit is revoked or
4suspended 2 or more times due to any combination of:
5        (A) a single conviction of violating Section 11-501 of
6    this Code or a similar provision of a local ordinance or a
7    similar out-of-state offense, or a similar offense
8    committed on a military installation, or Section 9-3 of
9    the Criminal Code of 1961 or the Criminal Code of 2012,
10    where the use of alcohol or other drugs is recited as an
11    element of the offense, or a similar out-of-state offense
12    or a similar offense committed on a military institution;
13    or
14        (B) a statutory summary suspension or revocation under
15    Section 11-501.1; or
16        (C) a suspension pursuant to Section 6-203.1;
17arising out of separate occurrences, that person, if issued a
18restricted driving permit, may not operate a vehicle unless it
19has been equipped with an ignition interlock device as defined
20in Section 1-129.1.
21    (3.5) If a person's license or permit is revoked or
22suspended due to a conviction for a violation of subparagraph
23(C) or (F) of paragraph (1) of subsection (d) of Section 11-501
24of this Code, or a similar provision of a local ordinance or
25similar out-of-state offense, that person, if issued a
26restricted driving permit, may not operate a vehicle unless it

 

 

10300SB0125ham001- 34 -LRB103 05307 LNS 73766 a

1has been equipped with an ignition interlock device as defined
2in Section 1-129.1.
3    (4) The person issued a permit conditioned upon the use of
4an interlock device must pay to the Secretary of State DUI
5Administration Fund an amount not to exceed $30 per month. The
6Secretary shall establish by rule the amount and the
7procedures, terms, and conditions relating to these fees.
8    (5) If the restricted driving permit is issued for
9employment purposes, then the prohibition against driving a
10vehicle that is not equipped with an ignition interlock device
11does not apply to the operation of an occupational vehicle
12owned or leased by that person's employer when used solely for
13employment purposes. For any person who, within a 5-year
14period, is convicted of a second or subsequent offense under
15Section 11-501 of this Code, or a similar provision of a local
16ordinance or similar out-of-state offense, or a similar
17offense committed on a military installation, this employment
18exemption does not apply until either a one-year period has
19elapsed during which that person had his or her driving
20privileges revoked or a one-year period has elapsed during
21which that person had a restricted driving permit which
22required the use of an ignition interlock device on every
23motor vehicle owned or operated by that person.
24    (6) A restricted driving permit issued under this Section
25shall be subject to cancellation, revocation, and suspension
26by the Secretary of State in like manner and for like cause as

 

 

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1a driver's license issued under this Code may be cancelled,
2revoked, or suspended; except that a conviction upon one or
3more offenses against laws or ordinances regulating the
4movement of traffic shall be deemed sufficient cause for the
5revocation, suspension, or cancellation of a restricted
6driving permit.
7    (d-5) The revocation of the license, permit, or driving
8privileges of a person convicted of a third or subsequent
9violation of Section 6-303 of this Code committed while his or
10her driver's license, permit, or privilege was revoked because
11of a violation of Section 9-3 of the Criminal Code of 1961 or
12the Criminal Code of 2012, relating to the offense of reckless
13homicide, or a similar provision of a law of another state or
14military installation, is permanent. The Secretary may not, at
15any time, issue a license or permit to that person.
16    (e) This Section is subject to the provisions of the
17Driver License Compact.
18    (f) Any revocation imposed upon any person under
19subsections 2 and 3 of paragraph (b) that is in effect on
20December 31, 1988 shall be converted to a suspension for a like
21period of time.
22    (g) The Secretary of State shall not issue a restricted
23driving permit to a person under the age of 16 years whose
24driving privileges have been revoked under any provisions of
25this Code.
26    (h) The Secretary of State shall require the use of

 

 

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1ignition interlock devices for a period not less than 5 years
2on all vehicles owned by a person who has been convicted of a
3second or subsequent offense under Section 11-501 of this Code
4or a similar provision of a local ordinance or a similar
5provision of a law of another state or military installation.
6The person must pay to the Secretary of State DUI
7Administration Fund an amount not to exceed $30 for each month
8that he or she uses the device. The Secretary shall establish
9by rule and regulation the procedures for certification and
10use of the interlock system, the amount of the fee, and the
11procedures, terms, and conditions relating to these fees.
12During the time period in which a person is required to install
13an ignition interlock device under this subsection (h), that
14person shall only operate vehicles in which ignition interlock
15devices have been installed, except as allowed by subdivision
16(c)(5) or (d)(5) of this Section. Regardless of whether an
17exemption under subdivision (c) (5) or (d) (5) applies, every
18person subject to this subsection shall not be eligible for
19reinstatement until the person installs an ignition interlock
20device and maintains the ignition interlock device for 5
21years.
22    (i) (Blank).
23    (j) In accordance with 49 C.F.R. 384, the Secretary of
24State may not issue a restricted driving permit for the
25operation of a commercial motor vehicle to a person holding a
26CDL whose driving privileges have been revoked, suspended,

 

 

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1cancelled, or disqualified under any provisions of this Code.
2    (k) The Secretary of State shall notify by mail any person
3whose driving privileges have been revoked under paragraph 16
4of subsection (a) of this Section that his or her driving
5privileges and driver's license will be revoked 90 days from
6the date of the mailing of the notice.
7(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21;
8102-982, eff. 7-1-23.)
 
9    (625 ILCS 5/6-206)
10    Sec. 6-206. Discretionary authority to suspend or revoke
11license or permit; right to a hearing.
12    (a) The Secretary of State is authorized to suspend or
13revoke the driving privileges of any person without
14preliminary hearing upon a showing of the person's records or
15other sufficient evidence that the person:
16        1. Has committed an offense for which mandatory
17    revocation of a driver's license or permit is required
18    upon conviction;
19        2. Has been convicted of not less than 3 offenses
20    against traffic regulations governing the movement of
21    vehicles committed within any 12-month period. No
22    revocation or suspension shall be entered more than 6
23    months after the date of last conviction;
24        3. Has been repeatedly involved as a driver in motor
25    vehicle collisions or has been repeatedly convicted of

 

 

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1    offenses against laws and ordinances regulating the
2    movement of traffic, to a degree that indicates lack of
3    ability to exercise ordinary and reasonable care in the
4    safe operation of a motor vehicle or disrespect for the
5    traffic laws and the safety of other persons upon the
6    highway;
7        4. Has by the unlawful operation of a motor vehicle
8    caused or contributed to a crash resulting in injury
9    requiring immediate professional treatment in a medical
10    facility or doctor's office to any person, except that any
11    suspension or revocation imposed by the Secretary of State
12    under the provisions of this subsection shall start no
13    later than 6 months after being convicted of violating a
14    law or ordinance regulating the movement of traffic, which
15    violation is related to the crash, or shall start not more
16    than one year after the date of the crash, whichever date
17    occurs later;
18        5. Has permitted an unlawful or fraudulent use of a
19    driver's license, identification card, or permit;
20        6. Has been lawfully convicted of an offense or
21    offenses in another state, including the authorization
22    contained in Section 6-203.1, which if committed within
23    this State would be grounds for suspension or revocation;
24        7. Has refused or failed to submit to an examination
25    provided for by Section 6-207 or has failed to pass the
26    examination;

 

 

10300SB0125ham001- 39 -LRB103 05307 LNS 73766 a

1        8. Is ineligible for a driver's license or permit
2    under the provisions of Section 6-103;
3        9. Has made a false statement or knowingly concealed a
4    material fact or has used false information or
5    identification in any application for a license,
6    identification card, or permit;
7        10. Has possessed, displayed, or attempted to
8    fraudulently use any license, identification card, or
9    permit not issued to the person;
10        11. Has operated a motor vehicle upon a highway of
11    this State when the person's driving privilege or
12    privilege to obtain a driver's license or permit was
13    revoked or suspended unless the operation was authorized
14    by a monitoring device driving permit, judicial driving
15    permit issued prior to January 1, 2009, probationary
16    license to drive, or restricted driving permit issued
17    under this Code;
18        12. Has submitted to any portion of the application
19    process for another person or has obtained the services of
20    another person to submit to any portion of the application
21    process for the purpose of obtaining a license,
22    identification card, or permit for some other person;
23        13. Has operated a motor vehicle upon a highway of
24    this State when the person's driver's license or permit
25    was invalid under the provisions of Sections 6-107.1 and
26    6-110;

 

 

10300SB0125ham001- 40 -LRB103 05307 LNS 73766 a

1        14. Has committed a violation of Section 6-301,
2    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
3    14B of the Illinois Identification Card Act or a similar
4    offense in another state if, at the time of the offense,
5    the person held an Illinois driver's license or
6    identification card;
7        15. Has been convicted of violating Section 21-2 of
8    the Criminal Code of 1961 or the Criminal Code of 2012
9    relating to criminal trespass to vehicles if the person
10    exercised actual physical control over the vehicle during
11    the commission of the offense, in which case the
12    suspension shall be for one year;
13        16. Has been convicted of violating Section 11-204 of
14    this Code relating to fleeing from a peace officer;
15        17. Has refused to submit to a test, or tests, or a
16    similar out-of-state offense or a similar offense
17    committed on a military installation, as required under
18    Section 11-501.1 of this Code and the person has not
19    sought a hearing as provided for in Section 11-501.1;
20        18. (Blank);
21        19. Has committed a violation of paragraph (a) or (b)
22    of Section 6-101 relating to driving without a driver's
23    license;
24        20. Has been convicted of violating Section 6-104
25    relating to classification of driver's license;
26        21. Has been convicted of violating Section 11-402 of

 

 

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1    this Code relating to leaving the scene of a crash
2    resulting in damage to a vehicle in excess of $1,000, in
3    which case the suspension shall be for one year;
4        22. Has used a motor vehicle in violating paragraph
5    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
6    the Criminal Code of 1961 or the Criminal Code of 2012
7    relating to unlawful use of weapons, in which case the
8    suspension shall be for one year;
9        23. Has, as a driver, been convicted of committing a
10    violation of paragraph (a) of Section 11-502 of this Code
11    for a second or subsequent time within one year of a
12    similar violation;
13        24. Has been convicted by a court-martial or punished
14    by non-judicial punishment by military authorities of the
15    United States at a military installation in Illinois or in
16    another state of or for a traffic-related offense that is
17    the same as or similar to an offense specified under
18    Section 6-205 or 6-206 of this Code;
19        25. Has permitted any form of identification to be
20    used by another in the application process in order to
21    obtain or attempt to obtain a license, identification
22    card, or permit;
23        26. Has altered or attempted to alter a license or has
24    possessed an altered license, identification card, or
25    permit;
26        27. (Blank);

 

 

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1        28. Has been convicted for a first time of the illegal
2    possession, while operating or in actual physical control,
3    as a driver, of a motor vehicle, of any controlled
4    substance prohibited under the Illinois Controlled
5    Substances Act, any cannabis prohibited under the Cannabis
6    Control Act, or any methamphetamine prohibited under the
7    Methamphetamine Control and Community Protection Act, in
8    which case the person's driving privileges shall be
9    suspended for one year. Any defendant found guilty of this
10    offense while operating a motor vehicle shall have an
11    entry made in the court record by the presiding judge that
12    this offense did occur while the defendant was operating a
13    motor vehicle and order the clerk of the court to report
14    the violation to the Secretary of State;
15        29. Has been convicted of the following offenses that
16    were committed while the person was operating or in actual
17    physical control, as a driver, of a motor vehicle:
18    criminal sexual assault, predatory criminal sexual assault
19    of a child, aggravated criminal sexual assault, criminal
20    sexual abuse, aggravated criminal sexual abuse, juvenile
21    pimping, soliciting for a juvenile prostitute, promoting
22    juvenile prostitution as described in subdivision (a)(1),
23    (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
24    of 1961 or the Criminal Code of 2012, and the manufacture,
25    sale or delivery of controlled substances or instruments
26    used for illegal drug use or abuse in which case the

 

 

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1    driver's driving privileges shall be suspended for one
2    year;
3        30. Has been convicted a second or subsequent time for
4    any combination of the offenses named in paragraph 29 of
5    this subsection, in which case the person's driving
6    privileges shall be suspended for 5 years;
7        31. Has refused to submit to a test as required by
8    Section 11-501.6 of this Code or Section 5-16c of the Boat
9    Registration and Safety Act or has submitted to a test
10    resulting in an alcohol concentration of 0.08 or more or
11    any amount of a drug, substance, or compound resulting
12    from the unlawful use or consumption of cannabis as listed
13    in the Cannabis Control Act, a controlled substance as
14    listed in the Illinois Controlled Substances Act, an
15    intoxicating compound as listed in the Use of Intoxicating
16    Compounds Act, or methamphetamine as listed in the
17    Methamphetamine Control and Community Protection Act, in
18    which case the penalty shall be as prescribed in Section
19    6-208.1;
20        32. Has been convicted of Section 24-1.2 of the
21    Criminal Code of 1961 or the Criminal Code of 2012
22    relating to the aggravated discharge of a firearm if the
23    offender was located in a motor vehicle at the time the
24    firearm was discharged, in which case the suspension shall
25    be for 3 years;
26        33. Has as a driver, who was less than 21 years of age

 

 

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1    on the date of the offense, been convicted a first time of
2    a violation of paragraph (a) of Section 11-502 of this
3    Code or a similar provision of a local ordinance;
4        34. Has committed a violation of Section 11-1301.5 of
5    this Code or a similar provision of a local ordinance;
6        35. Has committed a violation of Section 11-1301.6 of
7    this Code or a similar provision of a local ordinance;
8        36. Is under the age of 21 years at the time of arrest
9    and has been convicted of not less than 2 offenses against
10    traffic regulations governing the movement of vehicles
11    committed within any 24-month period. No revocation or
12    suspension shall be entered more than 6 months after the
13    date of last conviction;
14        37. Has committed a violation of subsection (c) of
15    Section 11-907 of this Code that resulted in damage to the
16    property of another or the death or injury of another;
17        38. Has been convicted of a violation of Section 6-20
18    of the Liquor Control Act of 1934 or a similar provision of
19    a local ordinance and the person was an occupant of a motor
20    vehicle at the time of the violation;
21        39. Has committed a second or subsequent violation of
22    Section 11-1201 of this Code;
23        40. Has committed a violation of subsection (a-1) of
24    Section 11-908 of this Code;
25        41. Has committed a second or subsequent violation of
26    Section 11-605.1 of this Code, a similar provision of a

 

 

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1    local ordinance, or a similar violation in any other state
2    within 2 years of the date of the previous violation, in
3    which case the suspension shall be for 90 days;
4        42. Has committed a violation of subsection (a-1) of
5    Section 11-1301.3 of this Code or a similar provision of a
6    local ordinance;
7        43. Has received a disposition of court supervision
8    for a violation of subsection (a), (d), or (e) of Section
9    6-20 of the Liquor Control Act of 1934 or a similar
10    provision of a local ordinance and the person was an
11    occupant of a motor vehicle at the time of the violation,
12    in which case the suspension shall be for a period of 3
13    months;
14        44. Is under the age of 21 years at the time of arrest
15    and has been convicted of an offense against traffic
16    regulations governing the movement of vehicles after
17    having previously had his or her driving privileges
18    suspended or revoked pursuant to subparagraph 36 of this
19    Section;
20        45. Has, in connection with or during the course of a
21    formal hearing conducted under Section 2-118 of this Code:
22    (i) committed perjury; (ii) submitted fraudulent or
23    falsified documents; (iii) submitted documents that have
24    been materially altered; or (iv) submitted, as his or her
25    own, documents that were in fact prepared or composed for
26    another person;

 

 

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1        46. Has committed a violation of subsection (j) of
2    Section 3-413 of this Code;
3        47. Has committed a violation of subsection (a) of
4    Section 11-502.1 of this Code;
5        48. Has submitted a falsified or altered medical
6    examiner's certificate to the Secretary of State or
7    provided false information to obtain a medical examiner's
8    certificate;
9        49. Has been convicted of a violation of Section
10    11-1002 or 11-1002.5 that resulted in a Type A injury to
11    another, in which case the driving privileges of the
12    person shall be suspended for 12 months;
13        50. Has committed a violation of subsection (b-5) of
14    Section 12-610.2 that resulted in great bodily harm,
15    permanent disability, or disfigurement, in which case the
16    driving privileges of the person shall be suspended for 12
17    months;
18        51. Has committed a violation of Section 10-15 Of the
19    Cannabis Regulation and Tax Act or a similar provision of
20    a local ordinance while in a motor vehicle; or
21        52. Has committed a violation of subsection (b) of
22    Section 10-20 of the Cannabis Regulation and Tax Act or a
23    similar provision of a local ordinance.
24    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
25and 27 of this subsection, license means any driver's license,
26any traffic ticket issued when the person's driver's license

 

 

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1is deposited in lieu of bail, a suspension notice issued by the
2Secretary of State, a duplicate or corrected driver's license,
3a probationary driver's license, or a temporary driver's
4license.
5    (b) If any conviction forming the basis of a suspension or
6revocation authorized under this Section is appealed, the
7Secretary of State may rescind or withhold the entry of the
8order of suspension or revocation, as the case may be,
9provided that a certified copy of a stay order of a court is
10filed with the Secretary of State. If the conviction is
11affirmed on appeal, the date of the conviction shall relate
12back to the time the original judgment of conviction was
13entered and the 6-month limitation prescribed shall not apply.
14    (c) 1. Upon suspending or revoking the driver's license or
15permit of any person as authorized in this Section, the
16Secretary of State shall immediately notify the person in
17writing of the revocation or suspension. The notice to be
18deposited in the United States mail, postage prepaid, to the
19last known address of the person.
20    2. If the Secretary of State suspends the driver's license
21of a person under subsection 2 of paragraph (a) of this
22Section, a person's privilege to operate a vehicle as an
23occupation shall not be suspended, provided an affidavit is
24properly completed, the appropriate fee received, and a permit
25issued prior to the effective date of the suspension, unless 5
26offenses were committed, at least 2 of which occurred while

 

 

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1operating a commercial vehicle in connection with the driver's
2regular occupation. All other driving privileges shall be
3suspended by the Secretary of State. Any driver prior to
4operating a vehicle for occupational purposes only must submit
5the affidavit on forms to be provided by the Secretary of State
6setting forth the facts of the person's occupation. The
7affidavit shall also state the number of offenses committed
8while operating a vehicle in connection with the driver's
9regular occupation. The affidavit shall be accompanied by the
10driver's license. Upon receipt of a properly completed
11affidavit, the Secretary of State shall issue the driver a
12permit to operate a vehicle in connection with the driver's
13regular occupation only. Unless the permit is issued by the
14Secretary of State prior to the date of suspension, the
15privilege to drive any motor vehicle shall be suspended as set
16forth in the notice that was mailed under this Section. If an
17affidavit is received subsequent to the effective date of this
18suspension, a permit may be issued for the remainder of the
19suspension period.
20    The provisions of this subparagraph shall not apply to any
21driver required to possess a CDL for the purpose of operating a
22commercial motor vehicle.
23    Any person who falsely states any fact in the affidavit
24required herein shall be guilty of perjury under Section 6-302
25and upon conviction thereof shall have all driving privileges
26revoked without further rights.

 

 

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1    3. At the conclusion of a hearing under Section 2-118 of
2this Code, the Secretary of State shall either rescind or
3continue an order of revocation or shall substitute an order
4of suspension; or, good cause appearing therefor, rescind,
5continue, change, or extend the order of suspension. If the
6Secretary of State does not rescind the order, the Secretary
7may upon application, to relieve undue hardship (as defined by
8the rules of the Secretary of State), issue a restricted
9driving permit granting the privilege of driving a motor
10vehicle between the petitioner's residence and petitioner's
11place of employment or within the scope of the petitioner's
12employment-related duties, or to allow the petitioner to
13transport himself or herself, or a family member of the
14petitioner's household to a medical facility, to receive
15necessary medical care, to allow the petitioner to transport
16himself or herself to and from alcohol or drug remedial or
17rehabilitative activity recommended by a licensed service
18provider, or to allow the petitioner to transport himself or
19herself or a family member of the petitioner's household to
20classes, as a student, at an accredited educational
21institution, or to allow the petitioner to transport children,
22elderly persons, or persons with disabilities who do not hold
23driving privileges and are living in the petitioner's
24household to and from daycare. The petitioner must demonstrate
25that no alternative means of transportation is reasonably
26available and that the petitioner will not endanger the public

 

 

10300SB0125ham001- 50 -LRB103 05307 LNS 73766 a

1safety or welfare.
2        (A) If a person's license or permit is revoked or
3    suspended due to 2 or more convictions of violating
4    Section 11-501 of this Code or a similar provision of a
5    local ordinance or a similar out-of-state offense, or a
6    similar offense committed on a military installation, or
7    Section 9-3 of the Criminal Code of 1961 or the Criminal
8    Code of 2012, where the use of alcohol or other drugs is
9    recited as an element of the offense, or a similar
10    out-of-state offense, or a similar offense committed on a
11    military installation or a combination of these offenses,
12    arising out of separate occurrences, that person, if
13    issued a restricted driving permit, may not operate a
14    vehicle unless it has been equipped with an ignition
15    interlock device as defined in Section 1-129.1.
16        (B) If a person's license or permit is revoked or
17    suspended 2 or more times due to any combination of:
18            (i) a single conviction of violating Section
19        11-501 of this Code or a similar provision of a local
20        ordinance or a similar out-of-state offense or a
21        similar offense committed on a military installation
22        or Section 9-3 of the Criminal Code of 1961 or the
23        Criminal Code of 2012, where the use of alcohol or
24        other drugs is recited as an element of the offense, or
25        a similar out-of-state offense or a similar offense
26        committed on a military installation; or

 

 

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1            (ii) a statutory summary suspension or revocation
2        under Section 11-501.1 or a suspension under paragraph
3        (6) of subsection (a) of Section 6-206 for refusal of
4        chemical testing in another state or a suspension
5        under paragraph (31) of subsection (a) of Section
6        6-206; or
7            (iii) a suspension under Section 6-203.1;
8    arising out of separate occurrences; that person, if
9    issued a restricted driving permit, may not operate a
10    vehicle unless it has been equipped with an ignition
11    interlock device as defined in Section 1-129.1.
12        (B-5) If a person's license or permit is revoked or
13    suspended due to a conviction for a violation of
14    subparagraph (C) or (F) of paragraph (1) of subsection (d)
15    of Section 11-501 of this Code, or a similar provision of a
16    local ordinance or similar out-of-state offense or a
17    similar offense committed on a military installation, that
18    person, if issued a restricted driving permit, may not
19    operate a vehicle unless it has been equipped with an
20    ignition interlock device as defined in Section 1-129.1.
21        (C) The person issued a permit conditioned upon the
22    use of an ignition interlock device must pay to the
23    Secretary of State DUI Administration Fund an amount not
24    to exceed $30 per month. The Secretary shall establish by
25    rule the amount and the procedures, terms, and conditions
26    relating to these fees.

 

 

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1        (D) If the restricted driving permit is issued for
2    employment purposes, then the prohibition against
3    operating a motor vehicle that is not equipped with an
4    ignition interlock device does not apply to the operation
5    of an occupational vehicle owned or leased by that
6    person's employer when used solely for employment
7    purposes. For any person who, within a 5-year period, is
8    convicted of a second or subsequent offense under Section
9    11-501 of this Code, or a similar provision of a local
10    ordinance or similar out-of-state offense or a similar
11    offense committed on a military installation, this
12    employment exemption does not apply until either a
13    one-year period has elapsed during which that person had
14    his or her driving privileges revoked or a one-year period
15    has elapsed during which that person had a restricted
16    driving permit which required the use of an ignition
17    interlock device on every motor vehicle owned or operated
18    by that person.
19        (E) In each case the Secretary may issue a restricted
20    driving permit for a period deemed appropriate, except
21    that all permits shall expire no later than 2 years from
22    the date of issuance. A restricted driving permit issued
23    under this Section shall be subject to cancellation,
24    revocation, and suspension by the Secretary of State in
25    like manner and for like cause as a driver's license
26    issued under this Code may be cancelled, revoked, or

 

 

10300SB0125ham001- 53 -LRB103 05307 LNS 73766 a

1    suspended; except that a conviction upon one or more
2    offenses against laws or ordinances regulating the
3    movement of traffic shall be deemed sufficient cause for
4    the revocation, suspension, or cancellation of a
5    restricted driving permit. The Secretary of State may, as
6    a condition to the issuance of a restricted driving
7    permit, require the applicant to participate in a
8    designated driver remedial or rehabilitative program. The
9    Secretary of State is authorized to cancel a restricted
10    driving permit if the permit holder does not successfully
11    complete the program.
12        (F) A person subject to the provisions of paragraph 4
13    of subsection (b) of Section 6-208 of this Code may make
14    application for a restricted driving permit at a hearing
15    conducted under Section 2-118 of this Code after the
16    expiration of 5 years from the effective date of the most
17    recent revocation or after 5 years from the date of
18    release from a period of imprisonment resulting from a
19    conviction of the most recent offense, whichever is later,
20    provided the person, in addition to all other requirements
21    of the Secretary, shows by clear and convincing evidence:
22            (i) a minimum of 3 years of uninterrupted
23        abstinence from alcohol and the unlawful use or
24        consumption of cannabis under the Cannabis Control
25        Act, a controlled substance under the Illinois
26        Controlled Substances Act, an intoxicating compound

 

 

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1        under the Use of Intoxicating Compounds Act, or
2        methamphetamine under the Methamphetamine Control and
3        Community Protection Act; and
4            (ii) the successful completion of any
5        rehabilitative treatment and involvement in any
6        ongoing rehabilitative activity that may be
7        recommended by a properly licensed service provider
8        according to an assessment of the person's alcohol or
9        drug use under Section 11-501.01 of this Code.
10        In determining whether an applicant is eligible for a
11    restricted driving permit under this subparagraph (F), the
12    Secretary may consider any relevant evidence, including,
13    but not limited to, testimony, affidavits, records, and
14    the results of regular alcohol or drug tests. Persons
15    subject to the provisions of paragraph 4 of subsection (b)
16    of Section 6-208 of this Code and who have been convicted
17    of more than one violation of paragraph (3), paragraph
18    (4), or paragraph (5) of subsection (a) of Section 11-501
19    of this Code shall not be eligible to apply for a
20    restricted driving permit under this subparagraph (F).
21        A restricted driving permit issued under this
22    subparagraph (F) shall provide that the holder may only
23    operate motor vehicles equipped with an ignition interlock
24    device as required under paragraph (2) of subsection (c)
25    of Section 6-205 of this Code and subparagraph (A) of
26    paragraph 3 of subsection (c) of this Section. The

 

 

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1    Secretary may revoke a restricted driving permit or amend
2    the conditions of a restricted driving permit issued under
3    this subparagraph (F) if the holder operates a vehicle
4    that is not equipped with an ignition interlock device, or
5    for any other reason authorized under this Code.
6        A restricted driving permit issued under this
7    subparagraph (F) shall be revoked, and the holder barred
8    from applying for or being issued a restricted driving
9    permit in the future, if the holder is convicted of a
10    violation of Section 11-501 of this Code, a similar
11    provision of a local ordinance, or a similar offense in
12    another state or on a military installation.
13    (c-3) In the case of a suspension under paragraph 43 of
14subsection (a), reports received by the Secretary of State
15under this Section shall, except during the actual time the
16suspension is in effect, be privileged information and for use
17only by the courts, police officers, prosecuting authorities,
18the driver licensing administrator of any other state, the
19Secretary of State, or the parent or legal guardian of a driver
20under the age of 18. However, beginning January 1, 2008, if the
21person is a CDL holder, the suspension shall also be made
22available to the driver licensing administrator of any other
23state, the U.S. Department of Transportation, and the affected
24driver or motor carrier or prospective motor carrier upon
25request.
26    (c-4) In the case of a suspension under paragraph 43 of

 

 

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1subsection (a), the Secretary of State shall notify the person
2by mail that his or her driving privileges and driver's
3license will be suspended one month after the date of the
4mailing of the notice.
5    (c-5) The Secretary of State may, as a condition of the
6reissuance of a driver's license or permit to an applicant
7whose driver's license or permit has been suspended before he
8or she reached the age of 21 years pursuant to any of the
9provisions of this Section, require the applicant to
10participate in a driver remedial education course and be
11retested under Section 6-109 of this Code.
12    (d) This Section is subject to the provisions of the
13Driver License Compact.
14    (e) The Secretary of State shall not issue a restricted
15driving permit to a person under the age of 16 years whose
16driving privileges have been suspended or revoked under any
17provisions of this Code.
18    (f) In accordance with 49 CFR 384, the Secretary of State
19may not issue a restricted driving permit for the operation of
20a commercial motor vehicle to a person holding a CDL whose
21driving privileges have been suspended, revoked, cancelled, or
22disqualified under any provisions of this Code.
23(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21;
24102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff.
257-1-23; 103-154, eff. 6-30-23.)
 

 

 

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1    (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
2    Sec. 6-208. Period of suspension - application after
3revocation.
4    (a) Except as otherwise provided by this Code or any other
5law of this State, the Secretary of State shall not suspend a
6driver's license, permit, or privilege to drive a motor
7vehicle on the highways for a period of more than one year.
8    (b) Any person whose license, permit, or privilege to
9drive a motor vehicle on the highways has been revoked shall
10not be entitled to have such license, permit, or privilege
11renewed or restored. However, such person may, except as
12provided under subsections (d) and (d-5) of Section 6-205,
13make application for a license pursuant to Section 6-106 (i)
14if the revocation was for a cause that has been removed or (ii)
15as provided in the following subparagraphs:
16        1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
17    4, and 5, the person may make application for a license (A)
18    after the expiration of one year from the effective date
19    of the revocation, (B) in the case of a violation of
20    paragraph (b) of Section 11-401 of this Code or a similar
21    provision of a local ordinance, after the expiration of 3
22    years from the effective date of the revocation, or (C) in
23    the case of a violation of Section 9-3 of the Criminal Code
24    of 1961 or the Criminal Code of 2012 or a similar provision
25    of a law of another state or a military installation
26    relating to the offense of reckless homicide or a

 

 

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1    violation of subparagraph (F) of paragraph 1 of subsection
2    (d) of Section 11-501 of this Code relating to aggravated
3    driving under the influence of alcohol, other drug or
4    drugs, intoxicating compound or compounds, or any
5    combination thereof, if the violation was the proximate
6    cause of a death, after the expiration of 2 years from the
7    effective date of the revocation or after the expiration
8    of 24 months from the date of release from a period of
9    imprisonment as provided in Section 6-103 of this Code,
10    whichever is later.
11        1.3. If the person is convicted of a second or
12    subsequent violation of Section 11-501 of this Code or a
13    similar provision of a local ordinance or a similar
14    out-of-state offense or a similar offense committed on a
15    military installation, or Section 9-3 of the Criminal Code
16    of 1961 or the Criminal Code of 2012, in which the use of
17    alcohol or other drugs is recited as an element of the
18    offense, or a similar out-of-state offense or a similar
19    offense committed on a military installation, or a
20    combination of these offenses, arising out of separate
21    occurrences, that person may not make application for a
22    driver's license until:
23            (A) the person has first been issued a restricted
24        driving permit by the Secretary of State; and
25            (B) the expiration of a continuous period of not
26        less than 5 years following the issuance of the

 

 

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1        restricted driving permit during which the person's
2        restricted driving permit is not suspended, cancelled,
3        or revoked for a violation of any provision of law, or
4        any rule or regulation of the Secretary of State
5        relating to the required use of an ignition interlock
6        device.
7        1.5. If the person is convicted of a violation of
8    Section 6-303 of this Code committed while his or her
9    driver's license, permit, or privilege was revoked because
10    of a violation of Section 9-3 of the Criminal Code of 1961
11    or the Criminal Code of 2012, relating to the offense of
12    reckless homicide, or a similar provision of a law of
13    another state or a similar offense committed on a military
14    installation, the person may not make application for a
15    license or permit until the expiration of 3 years from the
16    date of the conviction.
17        2. If such person is convicted of committing a second
18    violation within a 20-year period of:
19            (A) Section 11-501 of this Code, or a similar
20        out-of-state offense, a similar provision of a local
21        ordinance, or a similar offense committed on a
22        military installation;
23            (B) Paragraph (b) of Section 11-401 of this Code,
24        a similar out-of-state offense, or a similar provision
25        of a local ordinance, or a similar offense committed
26        on a military installation;

 

 

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1            (C) Section 9-3 of the Criminal Code of 1961 or the
2        Criminal Code of 2012, relating to the offense of
3        reckless homicide, a similar out-of-state offense, or
4        a similar offense committed on a military
5        installation; or
6            (D) any combination of the above offenses
7        committed at different instances;
8    then such person may not make application for a license
9    until after the expiration of 5 years from the effective
10    date of the most recent revocation. The 20-year period
11    shall be computed by using the dates the offenses were
12    committed and shall also include similar out-of-state
13    offenses and similar offenses committed on a military
14    installation.
15        2.5. If a person is convicted of a second violation of
16    Section 6-303 of this Code committed while the person's
17    driver's license, permit, or privilege was revoked because
18    of a violation of Section 9-3 of the Criminal Code of 1961
19    or the Criminal Code of 2012, relating to the offense of
20    reckless homicide, or a similar provision of a law of
21    another state, or a similar offense committed on a
22    military installation, the person may not make application
23    for a license or permit until the expiration of 5 years
24    from the date of release from a term of imprisonment.
25        3. However, except as provided in subparagraph 4, if
26    such person is convicted of committing a third violation

 

 

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1    or any combination of the above offenses, including
2    similar out-of-state offenses and similar offenses
3    committed on a military installation, contained in
4    subparagraph 2, then such person may not make application
5    for a license until after the expiration of 10 years from
6    the effective date of the most recent revocation.
7        4. Except as provided in paragraph (1.5) of subsection
8    (c) of Section 6-205 and subparagraph (F) of paragraph 3
9    of subsection (c) of Section 6-206 of this Code, the
10    person may not make application for a license if the
11    person is convicted of committing a fourth or subsequent
12    violation of Section 11-501 of this Code or a similar
13    provision of a local ordinance, Section 11-401 of this
14    Code, Section 9-3 of the Criminal Code of 1961 or the
15    Criminal Code of 2012, or a combination of these offenses,
16    similar provisions of local ordinances, similar
17    out-of-state offenses, or similar offenses committed on a
18    military installation.
19        4.5. A bona fide resident of a foreign jurisdiction
20    who is subject to the provisions of subparagraph 4 of this
21    subsection (b) may make application for termination of the
22    revocation after a period of 10 years from the effective
23    date of the most recent revocation. However, if a person
24    who has been granted a termination of revocation under
25    this subparagraph 4.5 subsequently becomes a resident of
26    this State, the revocation shall be reinstated and the

 

 

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1    person shall be subject to the provisions of subparagraph
2    4.
3        5. The person may not make application for a license
4    or permit if the person is convicted of a third or
5    subsequent violation of Section 6-303 of this Code
6    committed while his or her driver's license, permit, or
7    privilege was revoked because of a violation of Section
8    9-3 of the Criminal Code of 1961 or the Criminal Code of
9    2012, relating to the offense of reckless homicide, or a
10    similar provision of a law of another state, or a similar
11    offense committed on a military installation.
12    Notwithstanding any other provision of this Code, all
13persons referred to in this paragraph (b) may not have their
14privileges restored until the Secretary receives payment of
15the required reinstatement fee pursuant to subsection (b) of
16Section 6-118.
17    In no event shall the Secretary issue such license unless
18and until such person has had a hearing pursuant to this Code
19and the appropriate administrative rules and the Secretary is
20satisfied, after a review or investigation of such person,
21that to grant the privilege of driving a motor vehicle on the
22highways will not endanger the public safety or welfare.
23    (c) (Blank).
24(Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16;
2599-642, eff. 7-28-16.)
 

 

 

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1    (625 ILCS 5/6-301)  (from Ch. 95 1/2, par. 6-301)
2    Sec. 6-301. Unlawful use of license or permit.
3    (a) It is a violation of this Section for any person:
4        1. To display or cause to be displayed or have in his
5    possession any cancelled, revoked, or suspended license or
6    permit;
7        2. To lend his license or permit to any other person or
8    knowingly allow the use thereof by another;
9        3. To display or represent as his own any license or
10    permit issued to another;
11        4. To fail or refuse to surrender to the Secretary of
12    State or his agent or any peace officer upon his lawful
13    demand, any license or permit, which has been suspended,
14    revoked, or cancelled;
15        5. To allow any unlawful use of a license or permit
16    issued to him;
17        6. To submit to an examination or to obtain the
18    services of another person to submit to an examination for
19    the purpose of obtaining a drivers license or permit for
20    some other person. For purposes of this subsection,
21    "submission to an examination" includes providing answers
22    to the person taking the examination, whether those
23    answers are provided in person or remotely, via any
24    electronic device, including, but not limited to,
25    microphones and cell phones.
26    (b) Sentence.

 

 

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1        1. Any person convicted of a violation of this Section
2    shall be guilty of a Class A misdemeanor and shall be
3    sentenced to a minimum fine of $500 or 50 hours of
4    community service, preferably at an alcohol abuse
5    prevention program, if available.
6        2. Any person convicted of a second or subsequent
7    violation of this Section shall be guilty of a Class 4
8    felony.
9        3. In addition to any other sentence imposed under
10    paragraph 1 or 2 of this subsection (b), a person
11    convicted of a violation of paragraph 6 of subsection (a)
12    shall be imprisoned for not less than 7 days.
13    (c) This Section does not prohibit any lawfully authorized
14investigative, protective, law enforcement or other activity
15of any agency of the United States, State of Illinois or any
16other state or political subdivision thereof.
17    (d) This Section does not apply to licenses and permits
18invalidated under Section 6-301.3 of this Code.
19(Source: P.A. 92-647, eff. 1-1-03; 92-883, eff. 1-13-03.)
 
20    (625 ILCS 5/6-521)  (from Ch. 95 1/2, par. 6-521)
21    Sec. 6-521. Rulemaking Authority.
22    (a) The Secretary of State, using the authority to license
23motor vehicle operators under this Code, may adopt such rules
24and regulations as may be necessary to establish standards,
25policies and procedures for the licensing and sanctioning of

 

 

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1commercial motor vehicle drivers in order to meet the
2requirements of the Commercial Motor Vehicle Act of 1986
3(CMVSA); subsequent federal rulemaking under 49 C.F.R. Part
4383 or Part 1572; and administrative and policy decisions of
5the U.S. Secretary of Transportation and the Federal Motor
6Carrier Safety Administration. The Secretary may, as provided
7in the CMVSA, establish stricter requirements for the
8licensing of commercial motor vehicle drivers than those
9established by the federal government.
10    (b) By January 1, 1994, the Secretary of State shall
11establish rules and regulations for the issuance of a
12restricted commercial driver's license for farm-related
13service industries consistent with federal guidelines. The
14restricted license shall be available for a seasonal period or
15periods not to exceed a total of 210 180 days in any 12-month
1612 month period.
17    (c) (Blank).
18    (d) By July 1, 1995, the Secretary of State shall
19establish rules and regulations for the issuance and
20cancellation of a School Bus Driver's Permit. The permit shall
21be required for the operation of a school bus as provided in
22subsection (c), a non-restricted CDL with passenger
23endorsement, or a properly classified driver's license. The
24permit will establish that the school bus driver has met all
25the requirements of the application and screening process
26established by Section 6-106.1 of this Code.

 

 

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1(Source: P.A. 98-726, eff. 1-1-15.)
 
2    (625 ILCS 5/7-211)  (from Ch. 95 1/2, par. 7-211)
3    Sec. 7-211. Duration of suspension.
4    (a) Unless a suspension is terminated under other
5provisions of this Code, the driver's license or registration
6and nonresident's operating privilege suspended as provided in
7Section 7-205 shall remain suspended and shall not be renewed
8nor shall any license or registration be issued to the person
9until:
10        1. The person deposits or there shall be deposited and
11    filed on the person's behalf the security required under
12    Section 7-201;
13        2. (Blank); Two years have elapsed following the date
14    the driver's license and registrations were suspended and
15    evidence satisfactory to the Secretary of State that
16    during the period no action for damages arising out of a
17    motor vehicle crash has been properly filed;
18        3. Receipt of proper notice that the person has filed
19    bankruptcy which would include all claims for personal
20    injury and property damage resulting from the crash;
21        4. (Blank); or After the expiration of 5 years from
22    the date of the crash, the Secretary of State has not
23    received documentation that any action at law for damages
24    arising out of the motor vehicle crash has been filed
25    against the person; or

 

 

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1        5. The applicable statute of limitations has expired
2    and the person seeking reinstatement provides evidence
3    satisfactory to the Secretary of State that, during the
4    statute of limitations period, no action for damages
5    arising out of the a motor vehicle crash has been properly
6    filed.
7    An affidavit that no action at law for damages arising out
8of the motor vehicle crash has been filed against the
9applicant, or if filed that it is not still pending shall be
10prima facie evidence of that fact. The Secretary of State may
11take whatever steps are necessary to verify the statement set
12forth in the applicant's affidavit.
13    (b) The driver's license or registration and nonresident's
14operating privileges suspended as provided in Section 7-205
15shall also remain suspended and shall not be renewed nor shall
16any license or registration be issued to the person until the
17person gives proof of his or her financial responsibility in
18the future as provided in Section 1-164.5. The proof is to be
19maintained by the person in a manner satisfactory to the
20Secretary of State for a period of 3 years after the date the
21proof is first filed.
22(Source: P.A. 102-52, eff. 1-1-22; 102-982, eff. 7-1-23.)
 
23    (625 ILCS 5/7-503)  (from Ch. 95 1/2, par. 7-503)
24    Sec. 7-503. Unclaimed Security Deposits. During July,
25annually, the Secretary shall compile a list of all securities

 

 

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1on deposit, pursuant to this Article, for one year since the
2expiration of the applicable statute of limitations more than
33 years and concerning which he has received no notice as to
4the pendency of any judicial proceeding that could affect the
5disposition thereof. Thereupon, he shall promptly send a
6notice to the last known address of each depositor advising
7him that his deposit will be subject to escheat to the State of
8Illinois if not claimed within 30 days after the mailing date
9of such notice. At the expiration of such time, the Secretary
10of State shall file with the State Treasurer an order
11directing the transfer of such deposit to the general revenue
12fund in the State Treasury. Upon receipt of such order, the
13State Treasurer shall make such transfer, after converting to
14cash any other type of security. Thereafter any person having
15a legal claim against such deposit may enforce it by
16appropriate proceedings in the Court of Claims subject to the
17limitations prescribed for such Court. At the expiration of
18such limitation period such deposit shall escheat to the State
19of Illinois.
20(Source: P.A. 94-239, eff. 1-1-06.)
 
21    (625 ILCS 5/11-306)  (from Ch. 95 1/2, par. 11-306)
22    Sec. 11-306. Traffic-control signal legend. Whenever
23traffic is controlled by traffic-control signals exhibiting
24different colored lights or color lighted arrows, successively
25one at a time or in combination, only the colors green, red and

 

 

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1yellow shall be used, except for special pedestrian signals
2carrying a word legend, and the lights shall indicate and
3apply to drivers of vehicles, bicyclists, and pedestrians as
4follows:
5    (a) Green indication.
6        1. Vehicular traffic facing a circular green signal
7    may proceed straight through or turn right or left unless
8    a sign at such place prohibits either such turn. Vehicular
9    traffic, including vehicles turning right or left, shall
10    yield the right of way to other vehicles, bicyclists, and
11    to pedestrians lawfully within the intersection or an
12    adjacent crosswalk at the time such signal is exhibited.
13        2. Vehicular traffic facing a green arrow signal,
14    shown alone or in combination with another indication, may
15    cautiously enter the intersection only to make the
16    movement indicated by such arrow, or such other movement
17    as is permitted by other indications shown at the same
18    time. Such vehicular traffic shall yield the right of way
19    to bicyclists and pedestrians lawfully within an adjacent
20    crosswalk and to other traffic lawfully using the
21    intersection.
22        3. Unless otherwise directed by a pedestrian-control
23    signal, as provided in Section 11-307, pedestrians facing
24    any green signal, except when the sole green signal is a
25    turn arrow, may proceed across the roadway within any
26    marked or unmarked crosswalk.

 

 

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1    (b) Steady yellow indication.
2        1. Vehicular traffic facing a steady circular yellow
3    or yellow arrow signal is thereby warned that the related
4    green movement is being terminated or that a red
5    indication will be exhibited immediately thereafter.
6        2. Pedestrians facing a steady circular yellow or
7    yellow arrow signal, unless otherwise directed by a
8    pedestrian-control signal as provided in Section 11-307,
9    are thereby advised that there is insufficient time to
10    cross the roadway before a red indication is shown and no
11    pedestrian shall then start to cross the roadway.
12    (b-5) Flashing yellow arrow indication.
13        1. Vehicular traffic facing a flashing yellow arrow
14    indication may cautiously enter the intersection only to
15    make the movement indicated by the arrow and shall yield
16    the right-of-way to other vehicles and pedestrians
17    lawfully within the intersection or an adjacent crosswalk
18    at the time the signal is exhibited.
19        2. Pedestrians facing a flashing yellow arrow
20    indication, unless otherwise directed by a
21    pedestrian-control signal as provided in Section 11-307,
22    may proceed across the roadway within any marked or
23    unmarked crosswalk that crosses the lane or lanes used to
24    depart the intersection by traffic controlled by the
25    flashing yellow arrow indication. Pedestrians shall yield
26    the right-of-way to vehicles lawfully within the

 

 

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1    intersection at the time that the flashing yellow signal
2    indication is first displayed.
3    (c) Steady red indication.
4        1. Except as provided in paragraphs 3 and 3.5 of this
5    subsection (c), vehicular traffic facing a steady circular
6    red signal alone shall stop at a clearly marked stop line,
7    but if there is no such stop line, before entering the
8    crosswalk on the near side of the intersection, or if
9    there is no such crosswalk, then before entering the
10    intersection, and shall remain standing until an
11    indication to proceed is shown.
12        2. Except as provided in paragraphs 3 and 3.5 of this
13    subsection (c), vehicular traffic facing a steady red
14    arrow signal shall not enter the intersection to make the
15    movement indicated by the arrow and, unless entering the
16    intersection to make a movement permitted by another
17    signal, shall stop at a clearly marked stop line, but if
18    there is no such stop line, before entering the crosswalk
19    on the near side of the intersection, or if there is no
20    such crosswalk, then before entering the intersection, and
21    shall remain standing until an indication permitting the
22    movement indicated by such red arrow is shown.
23        3. Except when a sign is in place prohibiting a turn
24    and local authorities by ordinance or State authorities by
25    rule or regulation prohibit any such turn, vehicular
26    traffic facing any steady red signal may cautiously enter

 

 

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1    the intersection to turn right, or to turn left from a
2    one-way street into a one-way street, after stopping as
3    required by paragraph 1 or paragraph 2 of this subsection.
4    After stopping, the driver shall yield the right of way to
5    any vehicle in the intersection or approaching on another
6    roadway so closely as to constitute an immediate hazard
7    during the time such driver is moving across or within the
8    intersection or junction or roadways. Such driver shall
9    yield the right of way to bicyclists or pedestrians within
10    the intersection or an adjacent crosswalk.
11        3.5. The In municipalities with less than 2,000,000
12    inhabitants, after stopping as required by paragraph 1 or
13    2 of this subsection, the driver of a motorcycle or
14    bicycle, facing a steady red signal which fails to change
15    to a green signal within a reasonable period of time not
16    less than 120 seconds because of a signal malfunction or
17    because the signal has failed to detect the arrival of the
18    motorcycle or bicycle due to the vehicle's size or weight,
19    shall have the right to proceed, after yielding the right
20    of way to oncoming traffic facing a green signal, subject
21    to the rules applicable after making a stop at a stop sign
22    as required by Section 11-1204 of this Code.
23        4. Unless otherwise directed by a pedestrian-control
24    signal as provided in Section 11-307, pedestrians facing a
25    steady circular red or red arrow signal alone shall not
26    enter the roadway.

 

 

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1    (d) In the event an official traffic control signal is
2erected and maintained at a place other than an intersection,
3the provisions of this Section shall be applicable except as
4to provisions which by their nature can have no application.
5Any stop required shall be at a traffic sign or a marking on
6the pavement indicating where the stop shall be made or, in the
7absence of such sign or marking, the stop shall be made at the
8signal.
9    (e) The motorman of any streetcar shall obey the above
10signals as applicable to vehicles.
11(Source: P.A. 97-627, eff. 1-1-12; 97-762, eff. 7-6-12;
1298-798, eff. 7-31-14.)
 
13    (625 ILCS 5/11-307)  (from Ch. 95 1/2, par. 11-307)
14    Sec. 11-307. Pedestrian-control signals. Whenever special
15pedestrian-control signals exhibiting the words "Walk" or
16"Don't Walk" or the illuminated symbols of a walking person or
17an upraised palm are in place such signals shall indicate as
18follows:
19    (a) Walk or walking person symbol. Pedestrians facing such
20signal may proceed across the roadway in the direction of the
21signal, and shall be given the right of way by the drivers of
22all vehicles. Bicyclists may proceed across the roadway in the
23direction of the signal, shall be given the right of way by the
24drivers of all vehicles, and shall yield the right of way to
25all pedestrians.

 

 

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1    (b) Don't Walk or upraised palm symbol. No pedestrian or
2bicyclist shall start to cross the roadway in the direction of
3such signal, but any pedestrian or bicyclist who has partly
4completed his crossing on the Walk signal or walking person
5symbol shall proceed to a sidewalk or safety island while the
6"Don't Walk" signal or upraised palm symbol is illuminated,
7steady, or flashing.
8(Source: P.A. 81-553.)
 
9    (625 ILCS 5/11-501.01)
10    Sec. 11-501.01. Additional administrative sanctions.
11    (a) After a finding of guilt and prior to any final
12sentencing or an order for supervision, for an offense based
13upon an arrest for a violation of Section 11-501 or a similar
14provision of a local ordinance, individuals shall be required
15to undergo a professional evaluation to determine if an
16alcohol, drug, or intoxicating compound abuse problem exists
17and the extent of the problem, and undergo the imposition of
18treatment as appropriate. Programs conducting these
19evaluations shall be licensed by the Department of Human
20Services. The cost of any professional evaluation shall be
21paid for by the individual required to undergo the
22professional evaluation.
23    (b) Any person who is found guilty of or pleads guilty to
24violating Section 11-501, including any person receiving a
25disposition of court supervision for violating that Section,

 

 

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1may be required by the Court to attend a victim impact panel
2offered by, or under contract with, a county State's
3Attorney's office, a probation and court services department,
4Mothers Against Drunk Driving, or the Alliance Against
5Intoxicated Motorists. All costs generated by the victim
6impact panel shall be paid from fees collected from the
7offender or as may be determined by the court.
8    (c) (Blank).
9    (d) The Secretary of State shall revoke the driving
10privileges of any person convicted under Section 11-501 or a
11similar provision of a local ordinance.
12    (e) The Secretary of State shall require the use of
13ignition interlock devices for a period not less than 5 years
14on all vehicles owned by a person who has been convicted of a
15second or subsequent offense of Section 11-501 or a similar
16provision of a local ordinance, a similar provision of a law of
17another state, or a similar offense committed on a military
18installation. The person must pay to the Secretary of State
19DUI Administration Fund an amount not to exceed $30 for each
20month that he or she uses the device. The Secretary shall
21establish by rule and regulation the procedures for
22certification and use of the interlock system, the amount of
23the fee, and the procedures, terms, and conditions relating to
24these fees. During the time period in which a person is
25required to install an ignition interlock device under this
26subsection (e), that person shall only operate vehicles in

 

 

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1which ignition interlock devices have been installed, except
2as allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
3this Code.
4    (f) (Blank).
5    (g) The Secretary of State Police DUI Fund is created as a
6special fund in the State treasury and, subject to
7appropriation, shall be used for enforcement and prevention of
8driving while under the influence of alcohol, other drug or
9drugs, intoxicating compound or compounds or any combination
10thereof, as defined by Section 11-501 of this Code, including,
11but not limited to, the purchase of law enforcement equipment
12and commodities to assist in the prevention of alcohol-related
13criminal violence throughout the State; police officer
14training and education in areas related to alcohol-related
15crime, including, but not limited to, DUI training; and police
16officer salaries, including, but not limited to, salaries for
17hire back funding for safety checkpoints, saturation patrols,
18and liquor store sting operations.
19    (h) Whenever an individual is sentenced for an offense
20based upon an arrest for a violation of Section 11-501 or a
21similar provision of a local ordinance, and the professional
22evaluation recommends remedial or rehabilitative treatment or
23education, neither the treatment nor the education shall be
24the sole disposition and either or both may be imposed only in
25conjunction with another disposition. The court shall monitor
26compliance with any remedial education or treatment

 

 

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1recommendations contained in the professional evaluation.
2Programs conducting alcohol or other drug evaluation or
3remedial education must be licensed by the Department of Human
4Services. If the individual is not a resident of Illinois,
5however, the court may accept an alcohol or other drug
6evaluation or remedial education program in the individual's
7state of residence. Programs providing treatment must be
8licensed under existing applicable alcoholism and drug
9treatment licensure standards.
10    (i) (Blank).
11    (j) A person that is subject to a chemical test or tests of
12blood under subsection (a) of Section 11-501.1 or subdivision
13(c)(2) of Section 11-501.2 of this Code, whether or not that
14person consents to testing, shall be liable for the expense up
15to $500 for blood withdrawal by a physician authorized to
16practice medicine, a licensed physician assistant, a licensed
17advanced practice registered nurse, a registered nurse, a
18trained phlebotomist, a licensed paramedic, or a qualified
19person other than a police officer approved by the Illinois
20State Police to withdraw blood, who responds, whether at a law
21enforcement facility or a health care facility, to a police
22department request for the drawing of blood based upon refusal
23of the person to submit to a lawfully requested breath test or
24probable cause exists to believe the test would disclose the
25ingestion, consumption, or use of drugs or intoxicating
26compounds if:

 

 

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1        (1) the person is found guilty of violating Section
2    11-501 of this Code or a similar provision of a local
3    ordinance; or
4        (2) the person pleads guilty to or stipulates to facts
5    supporting a violation of Section 11-503 of this Code or a
6    similar provision of a local ordinance when the plea or
7    stipulation was the result of a plea agreement in which
8    the person was originally charged with violating Section
9    11-501 of this Code or a similar local ordinance.
10(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
11    (625 ILCS 5/11-501.1)
12    Sec. 11-501.1. Suspension of drivers license; statutory
13summary alcohol, other drug or drugs, or intoxicating compound
14or compounds related suspension or revocation; implied
15consent.
16    (a) Any person who drives or is in actual physical control
17of a motor vehicle upon the public highways of this State shall
18be deemed to have given consent, subject to the provisions of
19Section 11-501.2, to a chemical test or tests of blood,
20breath, other bodily substance, or urine for the purpose of
21determining the content of alcohol, other drug or drugs, or
22intoxicating compound or compounds or any combination thereof
23in the person's blood if arrested, as evidenced by the
24issuance of a Uniform Traffic Ticket, for any offense as
25defined in Section 11-501 or a similar provision of a local

 

 

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1ordinance, or if arrested for violating Section 11-401. If a
2law enforcement officer has probable cause to believe the
3person was under the influence of alcohol, other drug or
4drugs, intoxicating compound or compounds, or any combination
5thereof, the law enforcement officer shall request a chemical
6test or tests which shall be administered at the direction of
7the arresting officer. The law enforcement agency employing
8the officer shall designate which of the aforesaid tests shall
9be administered. Up to 2 additional tests of urine or other
10bodily substance may be administered even after a blood or
11breath test or both has been administered. For purposes of
12this Section, an Illinois law enforcement officer of this
13State who is investigating the person for any offense defined
14in Section 11-501 may travel into an adjoining state, where
15the person has been transported for medical care, to complete
16an investigation and to request that the person submit to the
17test or tests set forth in this Section. The requirements of
18this Section that the person be arrested are inapplicable, but
19the officer shall issue the person a Uniform Traffic Ticket
20for an offense as defined in Section 11-501 or a similar
21provision of a local ordinance prior to requesting that the
22person submit to the test or tests. The issuance of the Uniform
23Traffic Ticket shall not constitute an arrest, but shall be
24for the purpose of notifying the person that he or she is
25subject to the provisions of this Section and of the officer's
26belief of the existence of probable cause to arrest. Upon

 

 

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1returning to this State, the officer shall file the Uniform
2Traffic Ticket with the Circuit Clerk of the county where the
3offense was committed, and shall seek the issuance of an
4arrest warrant or a summons for the person.
5    (a-5) (Blank).
6    (b) Any person who is dead, unconscious, or who is
7otherwise in a condition rendering the person incapable of
8refusal, shall be deemed not to have withdrawn the consent
9provided by paragraph (a) of this Section and the test or tests
10may be administered, subject to the provisions of Section
1111-501.2.
12    (c) A person requested to submit to a test as provided
13above shall be warned by the law enforcement officer
14requesting the test that a refusal to submit to the test will
15result in the statutory summary suspension of the person's
16privilege to operate a motor vehicle, as provided in Section
176-208.1 of this Code, and will also result in the
18disqualification of the person's privilege to operate a
19commercial motor vehicle, as provided in Section 6-514 of this
20Code, if the person is a CDL holder. The person shall also be
21warned that a refusal to submit to the test, when the person
22was involved in a motor vehicle crash that caused personal
23injury or death to another, will result in the statutory
24summary revocation of the person's privilege to operate a
25motor vehicle, as provided in Section 6-208.1, and will also
26result in the disqualification of the person's privilege to

 

 

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1operate a commercial motor vehicle, as provided in Section
26-514 of this Code, if the person is a CDL holder. The person
3shall also be warned by the law enforcement officer that if the
4person submits to the test or tests provided in paragraph (a)
5of this Section and the alcohol concentration in the person's
6blood, other bodily substance, or breath is 0.08 or greater,
7or testing discloses the presence of cannabis as listed in the
8Cannabis Control Act with a tetrahydrocannabinol concentration
9as defined in paragraph 6 of subsection (a) of Section
1011-501.2 of this Code, or any amount of a drug, substance, or
11compound resulting from the unlawful use or consumption of a
12controlled substance listed in the Illinois Controlled
13Substances Act, an intoxicating compound listed in the Use of
14Intoxicating Compounds Act, or methamphetamine as listed in
15the Methamphetamine Control and Community Protection Act is
16detected in the person's blood, other bodily substance or
17urine, a statutory summary suspension of the person's
18privilege to operate a motor vehicle, as provided in Sections
196-208.1 and 11-501.1 of this Code, will be imposed. If the
20person is also a CDL holder, he or she shall be warned by the
21law enforcement officer that if the person submits to the test
22or tests provided in paragraph (a) of this Section and the
23alcohol concentration in the person's blood, other bodily
24substance, or breath is 0.08 or greater, or any amount of a
25drug, substance, or compound resulting from the unlawful use
26or consumption of cannabis as covered by the Cannabis Control

 

 

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1Act, a controlled substance listed in the Illinois Controlled
2Substances Act, an intoxicating compound listed in the Use of
3Intoxicating Compounds Act, or methamphetamine as listed in
4the Methamphetamine Control and Community Protection Act is
5detected in the person's blood, other bodily substance, or
6urine, a disqualification of the person's privilege to operate
7a commercial motor vehicle, as provided in Section 6-514 of
8this Code, will be imposed.
9    A person who is under the age of 21 at the time the person
10is requested to submit to a test as provided above shall, in
11addition to the warnings provided for in this Section, be
12further warned by the law enforcement officer requesting the
13test that if the person submits to the test or tests provided
14in paragraph (a) of this Section and the alcohol concentration
15in the person's blood, other bodily substance, or breath is
16greater than 0.00 and less than 0.08, a suspension of the
17person's privilege to operate a motor vehicle, as provided
18under Sections 6-208.2 and 11-501.8 of this Code, will be
19imposed. The results of this test shall be admissible in a
20civil or criminal action or proceeding arising from an arrest
21for an offense as defined in Section 11-501 of this Code or a
22similar provision of a local ordinance or pursuant to Section
2311-501.4 in prosecutions for reckless homicide brought under
24the Criminal Code of 1961 or the Criminal Code of 2012. These
25test results, however, shall be admissible only in actions or
26proceedings directly related to the incident upon which the

 

 

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1test request was made.
2    A person requested to submit to a test shall also
3acknowledge, in writing, receipt of the warning required under
4this Section. If the person refuses to acknowledge receipt of
5the warning, the law enforcement officer shall make a written
6notation on the warning that the person refused to sign the
7warning. A person's refusal to sign the warning shall not be
8evidence that the person was not read the warning.
9    (d) If the person refuses testing or submits to a test that
10discloses an alcohol concentration of 0.08 or more, or testing
11discloses the presence of cannabis as listed in the Cannabis
12Control Act with a tetrahydrocannabinol concentration as
13defined in paragraph 6 of subsection (a) of Section 11-501.2
14of this Code, or any amount of a drug, substance, or
15intoxicating compound in the person's breath, blood, other
16bodily substance, or urine resulting from the unlawful use or
17consumption of a controlled substance listed in the Illinois
18Controlled Substances Act, an intoxicating compound listed in
19the Use of Intoxicating Compounds Act, or methamphetamine as
20listed in the Methamphetamine Control and Community Protection
21Act, the law enforcement officer shall immediately submit a
22sworn report to the circuit court of venue and the Secretary of
23State, certifying that the test or tests was or were requested
24under paragraph (a) and the person refused to submit to a test,
25or tests, or submitted to testing that disclosed an alcohol
26concentration of 0.08 or more, testing discloses the presence

 

 

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1of cannabis as listed in the Cannabis Control Act with a
2tetrahydrocannabinol concentration as defined in paragraph 6
3of subsection (a) of Section 11-501.2 of this Code, or any
4amount of a drug, substance, or intoxicating compound in the
5person's breath, blood, other bodily substance, or urine
6resulting from the unlawful use or consumption of a controlled
7substance listed in the Illinois Controlled Substances Act, an
8intoxicating compound listed in the Use of Intoxicating
9Compounds Act, or methamphetamine as listed in the
10Methamphetamine Control and Community Protection Act. If the
11person is also a CDL holder and refuses testing or submits to a
12test that discloses an alcohol concentration of 0.08 or more,
13or any amount of a drug, substance, or intoxicating compound
14in the person's breath, blood, other bodily substance, or
15urine resulting from the unlawful use or consumption of
16cannabis listed in the Cannabis Control Act, a controlled
17substance listed in the Illinois Controlled Substances Act, an
18intoxicating compound listed in the Use of Intoxicating
19Compounds Act, or methamphetamine as listed in the
20Methamphetamine Control and Community Protection Act, the law
21enforcement officer shall also immediately submit a sworn
22report to the circuit court of venue and the Secretary of
23State, certifying that the test or tests was or were requested
24under paragraph (a) and the person refused to submit to a test,
25or tests, or submitted to testing that disclosed an alcohol
26concentration of 0.08 or more, or any amount of a drug,

 

 

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1substance, or intoxicating compound in the person's breath,
2blood, other bodily substance, or urine resulting from the
3unlawful use or consumption of cannabis listed in the Cannabis
4Control Act, a controlled substance listed in the Illinois
5Controlled Substances Act, an intoxicating compound listed in
6the Use of Intoxicating Compounds Act, or methamphetamine as
7listed in the Methamphetamine Control and Community Protection
8Act.
9    (e) Upon receipt of the sworn report of a law enforcement
10officer submitted under paragraph (d), the Secretary of State
11shall enter the statutory summary suspension or revocation and
12disqualification for the periods specified in Sections 6-208.1
13and 6-514, respectively, and effective as provided in
14paragraph (g).
15    If the person is a first offender as defined in Section
1611-500 of this Code, and is not convicted of a violation of
17Section 11-501 of this Code or a similar provision of a local
18ordinance, then reports received by the Secretary of State
19under this Section shall, except during the actual time the
20Statutory Summary Suspension is in effect, be privileged
21information and for use only by the courts, police officers,
22prosecuting authorities or the Secretary of State, unless the
23person is a CDL holder, is operating a commercial motor
24vehicle or vehicle required to be placarded for hazardous
25materials, in which case the suspension shall not be
26privileged. Reports received by the Secretary of State under

 

 

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1this Section shall also be made available to the parent or
2guardian of a person under the age of 18 years that holds an
3instruction permit or a graduated driver's license, regardless
4of whether the statutory summary suspension is in effect. A
5statutory summary revocation shall not be privileged
6information.
7    (f) The law enforcement officer submitting the sworn
8report under paragraph (d) shall serve immediate notice of the
9statutory summary suspension or revocation on the person and
10the suspension or revocation and disqualification shall be
11effective as provided in paragraph (g).
12        (1) In cases involving a person who is not a CDL holder
13    where the blood alcohol concentration of 0.08 or greater
14    or any amount of a drug, substance, or compound resulting
15    from the unlawful use or consumption of a controlled
16    substance listed in the Illinois Controlled Substances
17    Act, an intoxicating compound listed in the Use of
18    Intoxicating Compounds Act, or methamphetamine as listed
19    in the Methamphetamine Control and Community Protection
20    Act is established by a subsequent analysis of blood,
21    other bodily substance, or urine or analysis of whole
22    blood or other bodily substance establishes a
23    tetrahydrocannabinol concentration as defined in paragraph
24    6 of subsection (a) of Section 11-501.2 of this Code,
25    collected at the time of arrest, the arresting officer or
26    arresting agency shall give notice as provided in this

 

 

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1    Section or by deposit in the United States mail of the
2    notice in an envelope with postage prepaid and addressed
3    to the person at his or her address as shown on the Uniform
4    Traffic Ticket and the statutory summary suspension shall
5    begin as provided in paragraph (g).
6        (1.3) In cases involving a person who is a CDL holder
7    where the blood alcohol concentration of 0.08 or greater
8    or any amount of a drug, substance, or compound resulting
9    from the unlawful use or consumption of cannabis as
10    covered by the Cannabis Control Act, a controlled
11    substance listed in the Illinois Controlled Substances
12    Act, an intoxicating compound listed in the Use of
13    Intoxicating Compounds Act, or methamphetamine as listed
14    in the Methamphetamine Control and Community Protection
15    Act is established by a subsequent analysis of blood,
16    other bodily substance, or urine collected at the time of
17    arrest, the arresting officer or arresting agency shall
18    give notice as provided in this Section or by deposit in
19    the United States mail of the notice in an envelope with
20    postage prepaid and addressed to the person at his or her
21    address as shown on the Uniform Traffic Ticket and the
22    statutory summary suspension and disqualification shall
23    begin as provided in paragraph (g).
24        (1.5) The officer shall confiscate any Illinois
25    driver's license or permit on the person at the time of
26    arrest. If the person has a valid driver's license or

 

 

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1    permit, the officer shall issue the person a receipt, in a
2    form prescribed by the Secretary of State, that will allow
3    that person to drive during the periods provided for in
4    paragraph (g). The officer shall immediately forward the
5    driver's license or permit to the Secretary of State
6    circuit court of venue along with the sworn report
7    provided for in paragraph (d).
8        (2) (Blank).
9    (g) The statutory summary suspension or revocation and
10disqualification referred to in this Section shall take effect
11on the 46th day following the date the notice of the statutory
12summary suspension or revocation was given to the person.
13    (h) The following procedure shall apply whenever a person
14is arrested for any offense as defined in Section 11-501 or a
15similar provision of a local ordinance:
16    Upon receipt of the sworn report from the law enforcement
17officer, the Secretary of State shall confirm the statutory
18summary suspension or revocation by mailing a notice of the
19effective date of the suspension or revocation to the person
20and the court of venue. The Secretary of State shall also mail
21notice of the effective date of the disqualification to the
22person. However, should the sworn report be defective by not
23containing sufficient information or be completed in error,
24the confirmation of the statutory summary suspension or
25revocation shall not be mailed to the person or entered to the
26record; instead, the sworn report shall be forwarded to the

 

 

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1court of venue with a copy returned to the issuing agency
2identifying any defect.
3    (i) As used in this Section, "personal injury" includes
4any Type A injury as indicated on the traffic crash report
5completed by a law enforcement officer that requires immediate
6professional attention in either a doctor's office or a
7medical facility. A Type A injury includes severely bleeding
8wounds, distorted extremities, and injuries that require the
9injured party to be carried from the scene.
10(Source: P.A. 102-982, eff. 7-1-23.)
 
11    (625 ILCS 5/11-703)  (from Ch. 95 1/2, par. 11-703)
12    Sec. 11-703. Overtaking a vehicle on the left. The
13following rules govern the overtaking and passing of vehicles
14proceeding in the same direction, subject to those
15limitations, exceptions, and special rules otherwise stated in
16this Chapter:
17        (a) The driver of a vehicle overtaking another vehicle
18    proceeding in the same direction shall pass to the left
19    thereof at a safe distance and shall not again drive to the
20    right side of the roadway until safely clear of the
21    overtaken vehicle. In no event shall such movement be made
22    by driving off the pavement or the main traveled portion
23    of the roadway.
24        (b) Except when overtaking and passing on the right is
25    permitted, the driver of an overtaken vehicle shall give

 

 

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1    way to the right in favor of the overtaking vehicle on
2    audible signal and shall not increase the speed of his
3    vehicle until completely passed by the overtaking vehicle.
4        (c) The driver of a 2 wheeled vehicle may not, in
5    passing upon the left of any vehicle proceeding in the
6    same direction, pass upon the right of any vehicle
7    proceeding in the same direction unless there is an
8    unobstructed lane of traffic available to permit such
9    passing maneuver safely.
10        (d) The operator of a motor vehicle overtaking a
11    bicycle or individual proceeding in the same direction on
12    a highway shall:
13            (1) if another lane of traffic proceeding in the
14        same direction is available, make a lane change into
15        another available lane with due regard for safety and
16        traffic conditions, if practicable and not prohibited
17        by law, before overtaking or passing the bicycle; and
18            (2) leave a safe distance, but not less than 3
19        feet, when passing the bicycle or individual and shall
20        maintain that distance until safely past the overtaken
21        bicycle or individual.
22        (d-5) A driver of a motor vehicle overtaking a bicycle
23    proceeding in the same direction on a highway may, subject
24    to the provisions in paragraph (d) of this Section and
25    Section 11-706 of this Code, pass to the left of the
26    bicycle on a portion of the highway designated as a

 

 

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1    no-passing zone under Section 11-707 of this Code if the
2    driver is able to overtake and pass the bicycle when:
3            (1) the bicycle is traveling at a speed of less
4        than half of the posted speed limit of the highway;
5            (2) the driver is able to overtake and pass the
6        bicycle without exceeding the posted speed limit of
7        the highway; and
8            (3) there is sufficient distance to the left of
9        the centerline of the highway for the motor vehicle to
10        meet the overtaking and passing requirements under
11        this Section.
12        (e) A person driving a motor vehicle shall not, in a
13    reckless manner, drive the motor vehicle unnecessarily
14    close to, toward, or near a bicyclist, pedestrian, or a
15    person riding a horse or driving an animal drawn vehicle.
16        (f) Every person convicted of paragraph (e) of this
17    Section shall be guilty of a Class A misdemeanor if the
18    violation does not result in great bodily harm or
19    permanent disability or disfigurement to another. If the
20    violation results in great bodily harm or permanent
21    disability or disfigurement to another, the person shall
22    be guilty of a Class 3 felony.
23(Source: P.A. 100-359, eff. 1-1-18.)
 
24    (625 ILCS 5/11-712 new)
25    Sec. 11-712. Driving in bicycle lanes, pedestrian or

 

 

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1bicycle trails or paths.
2    (a) No person shall drive a motor vehicle on a bicycle
3lane, trail, or path designated by an official sign or marking
4for the exclusive use of bicycles or pedestrians. A violation
5of this Section is not an offense against traffic regulations
6governing the movement of vehicles.
7    (b) This Section does not apply to an authorized vehicle.
 
8    (625 ILCS 5/11-1425)  (from Ch. 95 1/2, par. 11-1425)
9    Sec. 11-1425. Stop when traffic obstructed.
10    (a) No driver shall enter an intersection or a marked
11crosswalk or drive onto any railroad grade crossing unless
12there is sufficient space on the other side of the
13intersection, crosswalk or railroad grade crossing to
14accommodate the vehicle he is operating without obstructing
15the passage of other vehicles, pedestrians or railroad trains
16notwithstanding any traffic-control signal indication to
17proceed.
18    (b) No driver shall enter a highway rail grade crossing
19unless there is sufficient space on the other side of the
20highway rail grade crossing to accommodate the vehicle being
21operated without obstructing the passage of a train or other
22railroad equipment using the rails, notwithstanding any
23traffic-control signal indication to proceed.
24    (b-5) No driver operating a commercial motor vehicle, as
25defined in Section 6-500 of this Code, shall enter a highway

 

 

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1rail grade crossing unless there is sufficient space on the
2other side of the highway rail grade crossing to accommodate
3the vehicle being operated without obstructing the passage of
4a train or other railroad equipment using the rails,
5notwithstanding any traffic-control signal indication to
6proceed.
7    (c) (Blank).
8    (d) Beginning with the effective date of this amendatory
9Act of the 95th General Assembly, the Secretary of State shall
10suspend for a period of one month the driving privileges of any
11person convicted of a violation of subsections subsection (b)
12and (b-5) of this Section or a similar provision of a local
13ordinance; the Secretary shall suspend for a period of 3
14months the driving privileges of any person convicted of a
15second or subsequent violation of subsections subsection (b)
16and (b-5) of this Section or a similar provision of a local
17ordinance if the second or subsequent violation occurs within
185 years of a prior conviction for the same offense. In addition
19to the suspensions authorized by this Section, any person
20convicted of violating subsections subsection (b) and (b-5) of
21this Section or a similar provision of a local ordinance shall
22be subject to a mandatory fine of $500 or 50 hours of community
23service. Any person given a disposition of court supervision
24for violating subsections subsection (b) and (b-5) of this
25Section or a similar provision of a local ordinance shall also
26be subject to a mandatory fine of $500 or 50 hours of community

 

 

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1service. Upon a second or subsequent violation, in addition to
2the suspensions authorized by this Section, the person shall
3be subject to a mandatory fine of $500 and 50 hours community
4service. The Secretary may also grant, for the duration of any
5suspension issued under this subsection, a restricted driving
6permit granting the privilege of driving a motor vehicle
7between the driver's residence and place of employment or
8within other proper limits that the Secretary of State shall
9find necessary to avoid any undue hardship. A restricted
10driving permit issued hereunder shall be subject to
11cancellation, revocation and suspension by the Secretary of
12State in like manner and for like cause as a driver's license
13may be cancelled, revoked or suspended; except that a
14conviction upon one or more offenses against laws or
15ordinances regulating the movement of traffic shall be deemed
16sufficient cause for the revocation, suspension or
17cancellation of the restricted driving permit. The Secretary
18of State may, as a condition to the issuance of a restricted
19driving permit, require the applicant to participate in a
20designated driver remedial or rehabilitative program. Any
21conviction for a violation of this subsection shall be
22included as an offense for the purposes of determining
23suspension action under any other provision of this Code,
24provided however, that the penalties provided under this
25subsection shall be imposed unless those penalties imposed
26under other applicable provisions are greater.

 

 

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1(Source: P.A. 103-179, eff. 6-30-23.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".