Public Act 095-0848
 
SB2396 Enrolled LRB095 15370 EFG 45386 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-205, 6-206, and 11-501.01 as follows:
 
    (625 ILCS 5/6-205)  (from Ch. 95 1/2, par. 6-205)
    Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
    (a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
        1. Reckless homicide resulting from the operation of a
    motor vehicle;
        2. Violation of Section 11-501 of this Code or a
    similar provision of a local ordinance relating to the
    offense of operating or being in physical control of a
    vehicle while under the influence of alcohol, other drug or
    drugs, intoxicating compound or compounds, or any
    combination thereof;
        3. Any felony under the laws of any State or the
    federal government in the commission of which a motor
    vehicle was used;
        4. Violation of Section 11-401 of this Code relating to
    the offense of leaving the scene of a traffic accident
    involving death or personal injury;
        5. Perjury or the making of a false affidavit or
    statement under oath to the Secretary of State under this
    Code or under any other law relating to the ownership or
    operation of motor vehicles;
        6. Conviction upon 3 charges of violation of Section
    11-503 of this Code relating to the offense of reckless
    driving committed within a period of 12 months;
        7. Conviction of any offense defined in Section 4-102
    of this Code;
        8. Violation of Section 11-504 of this Code relating to
    the offense of drag racing;
        9. Violation of Chapters 8 and 9 of this Code;
        10. Violation of Section 12-5 of the Criminal Code of
    1961 arising from the use of a motor vehicle;
        11. Violation of Section 11-204.1 of this Code relating
    to aggravated fleeing or attempting to elude a peace
    officer;
        12. Violation of paragraph (1) of subsection (b) of
    Section 6-507, or a similar law of any other state,
    relating to the unlawful operation of a commercial motor
    vehicle;
        13. Violation of paragraph (a) of Section 11-502 of
    this Code or a similar provision of a local ordinance if
    the driver has been previously convicted of a violation of
    that Section or a similar provision of a local ordinance
    and the driver was less than 21 years of age at the time of
    the offense;
        14. Violation of Section 11-506 of this Code or a
    similar provision of a local ordinance relating to the
    offense of street racing.
    (b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
        1. Of any minor upon receiving the notice provided for
    in Section 5-901 of the Juvenile Court Act of 1987 that the
    minor has been adjudicated under that Act as having
    committed an offense relating to motor vehicles prescribed
    in Section 4-103 of this Code;
        2. Of any person when any other law of this State
    requires either the revocation or suspension of a license
    or permit;
        3. Of any person adjudicated under the Juvenile Court
    Act of 1987 based on an offense determined to have been
    committed in furtherance of the criminal activities of an
    organized gang as provided in Section 5-710 of that Act,
    and that involved the operation or use of a motor vehicle
    or the use of a driver's license or permit. The revocation
    shall remain in effect for the period determined by the
    court. Upon the direction of the court, the Secretary shall
    issue the person a judicial driving permit, also known as a
    JDP. The JDP shall be subject to the same terms as a JDP
    issued under Section 6-206.1, except that the court may
    direct that a JDP issued under this subdivision (b)(3) be
    effective immediately.
        (c) (1) Except as provided in subsection (c-5),
    whenever a person is convicted of any of the offenses
    enumerated in this Section, the court may recommend and the
    Secretary of State in his discretion, without regard to
    whether the recommendation is made by the court may, upon
    application, issue to the person a restricted driving
    permit granting the privilege of driving a motor vehicle
    between the petitioner's residence and petitioner's place
    of employment or within the scope of the petitioner's
    employment related duties, or to allow transportation for
    the petitioner to transport himself or herself or a family
    household member of the petitioner's household to a medical
    facility family for the receipt of necessary medical care
    or to allow , provide transportation for the petitioner to
    transport himself or herself to and from alcohol or drug
    remedial or rehabilitative activity recommended by a
    licensed service provider, or to allow for the petitioner
    to transport himself or herself or a family member of the
    petitioner's household to attend classes, as a student, at
    in an accredited educational institution, or to allow the
    petitioner to transport children living in the
    petitioner's household to and from daycare; if the
    petitioner is able to demonstrate that no alternative means
    of transportation is reasonably available and that the
    petitioner will not endanger the public safety or welfare;
    provided that the Secretary's discretion shall be limited
    to cases where undue hardship, as defined by the rules of
    the Secretary of State, would result from a failure to
    issue the restricted driving permit. Those multiple
    offenders identified in subdivision (b)4 of Section 6-208
    of this Code, however, shall not be eligible for the
    issuance of a restricted driving permit.
        (2) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance or a similar out-of-state offense, or Section 9-3
    of the Criminal Code of 1961, where the use of alcohol or
    other drugs is recited as an element of the offense, or a
    similar out-of-state offense, or a combination of these
    offenses, arising out of separate occurrences, that
    person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (3) If:
            (A) a person's license or permit is revoked or
        suspended 2 or more times within a 10 year period due
        to any combination of:
                (i) (A) a single conviction of violating
            Section 11-501 of this Code or a similar provision
            of a local ordinance or a similar out-of-state
            offense, or Section 9-3 of the Criminal Code of
            1961, where the use of alcohol or other drugs is
            recited as an element of the offense, or a similar
            out-of-state offense; or
                (ii) (B) a statutory summary suspension under
            Section 11-501.1; or
                (iii) (C) a suspension pursuant to Section
            6-203.1; ,
        arising out of separate occurrences; , or
            (B) if a person has been convicted of one violation
        of Section 6-303 of this Code committed while his or
        her driver's license, permit, or privilege was revoked
        because of a violation of Section 9-3 of the Criminal
        Code of 1961, relating to the offense of reckless
        homicide, or a similar provision of a law of another
        state,
    that person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (4) The person issued a permit conditioned on the use
    of an ignition interlock device must pay to the Secretary
    of State DUI Administration Fund an amount not to exceed
    $30 $20 per month. The Secretary shall establish by rule
    the amount and the procedures, terms, and conditions
    relating to these fees.
        (5) If the restricted driving permit is issued for
    employment purposes, then the prohibition against
    operating a motor vehicle that is not equipped with an
    ignition interlock device does not apply to the operation
    of an occupational vehicle owned or leased by that person's
    employer when used solely for employment purposes.
        (6) In each case the Secretary of State may issue a
    restricted driving permit for a period he deems
    appropriate, except that the permit shall expire within one
    year from the date of issuance. The Secretary may not,
    however, issue a restricted driving permit to any person
    whose current revocation is the result of a second or
    subsequent conviction for a violation of Section 11-501 of
    this Code or a similar provision of a local ordinance or
    any similar out-of-state offense, or Section 9-3 of the
    Criminal Code of 1961, where the use of alcohol or other
    drugs is recited as an element of the offense, or any
    similar out-of-state offense, or any combination of these
    offenses, until the expiration of at least one year from
    the date of the revocation. A restricted driving permit
    issued under this Section shall be subject to cancellation,
    revocation, and suspension by the Secretary of State in
    like manner and for like cause as a driver's license issued
    under this Code may be cancelled, revoked, or suspended;
    except that a conviction upon one or more offenses against
    laws or ordinances regulating the movement of traffic shall
    be deemed sufficient cause for the revocation, suspension,
    or cancellation of a restricted driving permit. The
    Secretary of State may, as a condition to the issuance of a
    restricted driving permit, require the petitioner to
    participate in a designated driver remedial or
    rehabilitative program. The Secretary of State is
    authorized to cancel a restricted driving permit if the
    permit holder does not successfully complete the program.
    However, if an individual's driving privileges have been
    revoked in accordance with paragraph 13 of subsection (a)
    of this Section, no restricted driving permit shall be
    issued until the individual has served 6 months of the
    revocation period.
    (c-5) The Secretary may not issue a restricted driving
permit to any person who has been convicted of a second or
subsequent violation of Section 6-303 of this Code committed
while his or her driver's license, permit, or privilege was
revoked because of a violation of Section 9-3 of the Criminal
Code of 1961, relating to the offense of reckless homicide, or
a similar provision of a law of another state.
    (d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
        (2) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance or a similar out-of-state offense, or Section 9-3
    of the Criminal Code of 1961, where the use of alcohol or
    other drugs is recited as an element of the offense, or a
    similar out-of-state offense, or a combination of these
    offenses, arising out of separate occurrences, that
    person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (3) If a person's license or permit is revoked or
    suspended 2 or more times within a 10 year period due to
    any combination of:
            (A) a single conviction of violating Section
        11-501 of this Code or a similar provision of a local
        ordinance or a similar out-of-state offense, or
        Section 9-3 of the Criminal Code of 1961, where the use
        of alcohol or other drugs is recited as an element of
        the offense, or a similar out-of-state offense; or
            (B) a statutory summary suspension under Section
        11-501.1; or
            (C) a suspension pursuant to Section 6-203.1; ,
    arising out of separate occurrences, that person, if issued
    a restricted driving permit, may not operate a vehicle
    unless it has been equipped with an ignition interlock
    device as defined in Section 1-129.1.
        (4) The person issued a permit conditioned upon the use
    of an interlock device must pay to the Secretary of State
    DUI Administration Fund an amount not to exceed $30 $20 per
    month. The Secretary shall establish by rule the amount and
    the procedures, terms, and conditions relating to these
    fees.
        (5) If the restricted driving permit is issued for
    employment purposes, then the prohibition against driving
    a vehicle that is not equipped with an ignition interlock
    device does not apply to the operation of an occupational
    vehicle owned or leased by that person's employer when used
    solely for employment purposes.
        (6) A restricted driving permit issued under this
    Section shall be subject to cancellation, revocation, and
    suspension by the Secretary of State in like manner and for
    like cause as a driver's license issued under this Code may
    be cancelled, revoked, or suspended; except that a
    conviction upon one or more offenses against laws or
    ordinances regulating the movement of traffic shall be
    deemed sufficient cause for the revocation, suspension, or
    cancellation of a restricted driving permit.
    (d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide, or a similar
provision of a law of another state, is permanent. The
Secretary may not, at any time, issue a license or permit to
that person.
    (e) This Section is subject to the provisions of the Driver
License Compact.
    (f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
    (g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
    (h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person an
individual who has been convicted of a second or subsequent
offense under Section 11-501 of this Code or a similar
provision of a local ordinance. The person must pay to the
Secretary of State DUI Administration Fund an amount not to
exceed $30 for each month that he or she uses the device. The
Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system, the amount
of the fee, and the procedures, terms, and conditions relating
to these fees.
    (i) (Blank).
    (j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08;
95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07;
95-627, eff. 6-1-08; revised 11-16-07.)
 
    (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
    (Text of Section after amendment by P.A. 95-400)
    Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
    (a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
        1. Has committed an offense for which mandatory
    revocation of a driver's license or permit is required upon
    conviction;
        2. Has been convicted of not less than 3 offenses
    against traffic regulations governing the movement of
    vehicles committed within any 12 month period. No
    revocation or suspension shall be entered more than 6
    months after the date of last conviction;
        3. Has been repeatedly involved as a driver in motor
    vehicle collisions or has been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree that indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        4. Has by the unlawful operation of a motor vehicle
    caused or contributed to an accident resulting in death or
    injury requiring immediate professional treatment in a
    medical facility or doctor's office to any person, except
    that any suspension or revocation imposed by the Secretary
    of State under the provisions of this subsection shall
    start no later than 6 months after being convicted of
    violating a law or ordinance regulating the movement of
    traffic, which violation is related to the accident, or
    shall start not more than one year after the date of the
    accident, whichever date occurs later;
        5. Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
        6. Has been lawfully convicted of an offense or
    offenses in another state, including the authorization
    contained in Section 6-203.1, which if committed within
    this State would be grounds for suspension or revocation;
        7. Has refused or failed to submit to an examination
    provided for by Section 6-207 or has failed to pass the
    examination;
        8. Is ineligible for a driver's license or permit under
    the provisions of Section 6-103;
        9. Has made a false statement or knowingly concealed a
    material fact or has used false information or
    identification in any application for a license,
    identification card, or permit;
        10. Has possessed, displayed, or attempted to
    fraudulently use any license, identification card, or
    permit not issued to the person;
        11. Has operated a motor vehicle upon a highway of this
    State when the person's driving privilege or privilege to
    obtain a driver's license or permit was revoked or
    suspended unless the operation was authorized by a
    monitoring device driving permit, judicial driving permit
    issued prior to January 1, 2009 the effective date of this
    amendatory Act of the 95th General Assembly, probationary
    license to drive, or a restricted driving permit issued
    under this Code;
        12. Has submitted to any portion of the application
    process for another person or has obtained the services of
    another person to submit to any portion of the application
    process for the purpose of obtaining a license,
    identification card, or permit for some other person;
        13. Has operated a motor vehicle upon a highway of this
    State when the person's driver's license or permit was
    invalid under the provisions of Sections 6-107.1 and 6-110;
        14. Has committed a violation of Section 6-301,
    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
    of the Illinois Identification Card Act;
        15. Has been convicted of violating Section 21-2 of the
    Criminal Code of 1961 relating to criminal trespass to
    vehicles in which case, the suspension shall be for one
    year;
        16. Has been convicted of violating Section 11-204 of
    this Code relating to fleeing from a peace officer;
        17. Has refused to submit to a test, or tests, as
    required under Section 11-501.1 of this Code and the person
    has not sought a hearing as provided for in Section
    11-501.1;
        18. Has, since issuance of a driver's license or
    permit, been adjudged to be afflicted with or suffering
    from any mental disability or disease;
        19. Has committed a violation of paragraph (a) or (b)
    of Section 6-101 relating to driving without a driver's
    license;
        20. Has been convicted of violating Section 6-104
    relating to classification of driver's license;
        21. Has been convicted of violating Section 11-402 of
    this Code relating to leaving the scene of an accident
    resulting in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
        22. Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
    the Criminal Code of 1961 relating to unlawful use of
    weapons, in which case the suspension shall be for one
    year;
        23. Has, as a driver, been convicted of committing a
    violation of paragraph (a) of Section 11-502 of this Code
    for a second or subsequent time within one year of a
    similar violation;
        24. Has been convicted by a court-martial or punished
    by non-judicial punishment by military authorities of the
    United States at a military installation in Illinois of or
    for a traffic related offense that is the same as or
    similar to an offense specified under Section 6-205 or
    6-206 of this Code;
        25. Has permitted any form of identification to be used
    by another in the application process in order to obtain or
    attempt to obtain a license, identification card, or
    permit;
        26. Has altered or attempted to alter a license or has
    possessed an altered license, identification card, or
    permit;
        27. Has violated Section 6-16 of the Liquor Control Act
    of 1934;
        28. Has been convicted of the illegal possession, while
    operating or in actual physical control, as a driver, of a
    motor vehicle, of any controlled substance prohibited
    under the Illinois Controlled Substances Act, any cannabis
    prohibited under the Cannabis Control Act, or any
    methamphetamine prohibited under the Methamphetamine
    Control and Community Protection Act, in which case the
    person's driving privileges shall be suspended for one
    year, and any driver who is convicted of a second or
    subsequent offense, within 5 years of a previous
    conviction, for the illegal possession, while operating or
    in actual physical control, as a driver, of a motor
    vehicle, of any controlled substance prohibited under the
    Illinois Controlled Substances Act, any cannabis
    prohibited under the Cannabis Control Act, or any
    methamphetamine prohibited under the Methamphetamine
    Control and Community Protection Act shall be suspended for
    5 years. Any defendant found guilty of this offense while
    operating a motor vehicle, shall have an entry made in the
    court record by the presiding judge that this offense did
    occur while the defendant was operating a motor vehicle and
    order the clerk of the court to report the violation to the
    Secretary of State;
        29. Has been convicted of the following offenses that
    were committed while the person was operating or in actual
    physical control, as a driver, of a motor vehicle: criminal
    sexual assault, predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, criminal sexual
    abuse, aggravated criminal sexual abuse, juvenile pimping,
    soliciting for a juvenile prostitute and the manufacture,
    sale or delivery of controlled substances or instruments
    used for illegal drug use or abuse in which case the
    driver's driving privileges shall be suspended for one
    year;
        30. Has been convicted a second or subsequent time for
    any combination of the offenses named in paragraph 29 of
    this subsection, in which case the person's driving
    privileges shall be suspended for 5 years;
        31. Has refused to submit to a test as required by
    Section 11-501.6 or has submitted to a test resulting in an
    alcohol concentration of 0.08 or more or any amount of a
    drug, substance, or compound resulting from the unlawful
    use or consumption of cannabis as listed in the Cannabis
    Control Act, a controlled substance as listed in the
    Illinois Controlled Substances Act, an intoxicating
    compound as listed in the Use of Intoxicating Compounds
    Act, or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act, in which case the
    penalty shall be as prescribed in Section 6-208.1;
        32. Has been convicted of Section 24-1.2 of the
    Criminal Code of 1961 relating to the aggravated discharge
    of a firearm if the offender was located in a motor vehicle
    at the time the firearm was discharged, in which case the
    suspension shall be for 3 years;
        33. Has as a driver, who was less than 21 years of age
    on the date of the offense, been convicted a first time of
    a violation of paragraph (a) of Section 11-502 of this Code
    or a similar provision of a local ordinance;
        34. Has committed a violation of Section 11-1301.5 of
    this Code;
        35. Has committed a violation of Section 11-1301.6 of
    this Code;
        36. Is under the age of 21 years at the time of arrest
    and has been convicted of not less than 2 offenses against
    traffic regulations governing the movement of vehicles
    committed within any 24 month period. No revocation or
    suspension shall be entered more than 6 months after the
    date of last conviction;
        37. Has committed a violation of subsection (c) of
    Section 11-907 of this Code;
        38. Has been convicted of a violation of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance;
        39. Has committed a second or subsequent violation of
    Section 11-1201 of this Code;
        40. Has committed a violation of subsection (a-1) of
    Section 11-908 of this Code;
        41. Has committed a second or subsequent violation of
    Section 11-605.1 of this Code within 2 years of the date of
    the previous violation, in which case the suspension shall
    be for 90 days;
        42. Has committed a violation of subsection (a-1) of
    Section 11-1301.3 of this Code; or
        43. Has received a disposition of court supervision for
    a violation of subsection (a), (d), or (e) of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance, in which case the suspension shall be
    for a period of 3 months; .
        44. 43. Is under the age of 21 years at the time of
    arrest and has been convicted of an offense against traffic
    regulations governing the movement of vehicles after
    having previously had his or her driving privileges been
    suspended or revoked pursuant to subparagraph 36 of this
    Section; or .
        45. 43. Has, in connection with or during the course of
    a formal hearing conducted under Section 2-118 of this
    Code: (i) committed perjury; (ii) submitted fraudulent or
    falsified documents; (iii) submitted documents that have
    been materially altered; or (iv) submitted, as his or her
    own, documents that were in fact prepared or composed for
    another person.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
    (b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
     (c) 1. Upon suspending or revoking the driver's license or
    permit of any person as authorized in this Section, the
    Secretary of State shall immediately notify the person in
    writing of the revocation or suspension. The notice to be
    deposited in the United States mail, postage prepaid, to
    the last known address of the person.
        2. If the Secretary of State suspends the driver's
    license of a person under subsection 2 of paragraph (a) of
    this Section, a person's privilege to operate a vehicle as
    an occupation shall not be suspended, provided an affidavit
    is properly completed, the appropriate fee received, and a
    permit issued prior to the effective date of the
    suspension, unless 5 offenses were committed, at least 2 of
    which occurred while operating a commercial vehicle in
    connection with the driver's regular occupation. All other
    driving privileges shall be suspended by the Secretary of
    State. Any driver prior to operating a vehicle for
    occupational purposes only must submit the affidavit on
    forms to be provided by the Secretary of State setting
    forth the facts of the person's occupation. The affidavit
    shall also state the number of offenses committed while
    operating a vehicle in connection with the driver's regular
    occupation. The affidavit shall be accompanied by the
    driver's license. Upon receipt of a properly completed
    affidavit, the Secretary of State shall issue the driver a
    permit to operate a vehicle in connection with the driver's
    regular occupation only. Unless the permit is issued by the
    Secretary of State prior to the date of suspension, the
    privilege to drive any motor vehicle shall be suspended as
    set forth in the notice that was mailed under this Section.
    If an affidavit is received subsequent to the effective
    date of this suspension, a permit may be issued for the
    remainder of the suspension period.
        The provisions of this subparagraph shall not apply to
    any driver required to possess a CDL for the purpose of
    operating a commercial motor vehicle.
        Any person who falsely states any fact in the affidavit
    required herein shall be guilty of perjury under Section
    6-302 and upon conviction thereof shall have all driving
    privileges revoked without further rights.
        3. At the conclusion of a hearing under Section 2-118
    of this Code, the Secretary of State shall either rescind
    or continue an order of revocation or shall substitute an
    order of suspension; or, good cause appearing therefor,
    rescind, continue, change, or extend the order of
    suspension. If the Secretary of State does not rescind the
    order, the Secretary may upon application, to relieve undue
    hardship (as defined by the rules of the Secretary of
    State), issue a restricted driving permit granting the
    privilege of driving a motor vehicle between the
    petitioner's residence and petitioner's place of
    employment or within the scope of the petitioner's
    employment related duties, or to allow transportation for
    the petitioner to transport himself or herself, or a family
    household member of the petitioner's household to a medical
    facility family, to receive necessary medical care, to
    allow the petitioner to transport himself or herself
    provide transportation to and from alcohol or drug remedial
    or rehabilitative activity recommended by a licensed
    service provider, or to allow for the petitioner to
    transport himself or herself or a family member of the
    petitioner's household to attend classes, as a student, at
    in an accredited educational institution, or to allow the
    petitioner to transport children living in the
    petitioner's household to and from daycare. The petitioner
    must demonstrate that no alternative means of
    transportation is reasonably available and that the
    petitioner will not endanger the public safety or welfare.
    Those multiple offenders identified in subdivision (b)4 of
    Section 6-208 of this Code, however, shall not be eligible
    for the issuance of a restricted driving permit.
        (A) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance or a similar out-of-state offense, or Section 9-3
    of the Criminal Code of 1961, where the use of alcohol or
    other drugs is recited as an element of the offense, or a
    similar out-of-state offense, or a combination of these
    offenses, arising out of separate occurrences, that
    person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (B) If a person's license or permit is revoked or
    suspended 2 or more times within a 10 year period due to
    any combination of:
            (i) a single conviction of violating Section
        11-501 of this Code or a similar provision of a local
        ordinance or a similar out-of-state offense or Section
        9-3 of the Criminal Code of 1961, where the use of
        alcohol or other drugs is recited as an element of the
        offense, or a similar out-of-state offense; or
            (ii) a statutory summary suspension under Section
        11-501.1; or
            (iii) a suspension under Section 6-203.1, arising
        out of separate occurrences, that person, if issued a
        restricted driving permit, may not operate a vehicle
        unless it has been equipped with an ignition interlock
        device as defined in Section 1-129.1.
        (C) The person issued a permit conditioned upon the use
    of an ignition interlock device must pay to the Secretary
    of State DUI Administration Fund an amount not to exceed
    $30 $20 per month. The Secretary shall establish by rule
    the amount and the procedures, terms, and conditions
    relating to these fees.
        (D) If the restricted driving permit is issued for
    employment purposes, then the prohibition against
    operating a motor vehicle that is not equipped with an
    ignition interlock device does not apply to the operation
    of an occupational vehicle owned or leased by that person's
    employer when used solely for employment purposes.
        (E) In each case the Secretary may issue a restricted
    driving permit for a period deemed appropriate, except that
    all permits shall expire within one year from the date of
    issuance. The Secretary may not, however, issue a
    restricted driving permit to any person whose current
    revocation is the result of a second or subsequent
    conviction for a violation of Section 11-501 of this Code
    or a similar provision of a local ordinance or any similar
    out-of-state offense, or Section 9-3 of the Criminal Code
    of 1961, where the use of alcohol or other drugs is recited
    as an element of the offense, or any similar out-of-state
    offense, or any combination of those offenses, until the
    expiration of at least one year from the date of the
    revocation. A restricted driving permit issued under this
    Section shall be subject to cancellation, revocation, and
    suspension by the Secretary of State in like manner and for
    like cause as a driver's license issued under this Code may
    be cancelled, revoked, or suspended; except that a
    conviction upon one or more offenses against laws or
    ordinances regulating the movement of traffic shall be
    deemed sufficient cause for the revocation, suspension, or
    cancellation of a restricted driving permit. The Secretary
    of State may, as a condition to the issuance of a
    restricted driving permit, require the applicant to
    participate in a designated driver remedial or
    rehabilitative program. The Secretary of State is
    authorized to cancel a restricted driving permit if the
    permit holder does not successfully complete the program.
    (c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, or the
Secretary of State. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
    (c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
    (c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 18 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
    (d) This Section is subject to the provisions of the
Drivers License Compact.
    (e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
    (f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05;
94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08;
95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08;
revised 11-16-07.)
 
    (625 ILCS 5/11-501.01)
    Sec. 11-501.01. Additional administrative sanctions.
    (a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation.
    (b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
    (c) Every person found guilty of violating Section 11-501,
whose operation of a motor vehicle while in violation of that
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of this
Section.
    (d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
    (e) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person an
individual who has been convicted of a second or subsequent
offense of Section 11-501 or a similar provision of a local
ordinance. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $30 for each month
that he or she uses the device. The Secretary shall establish
by rule and regulation the procedures for certification and use
of the interlock system, the amount of the fee, and the
procedures, terms, and conditions relating to these fees.
    (f) In addition to any other penalties and liabilities, a
person who is found guilty of or pleads guilty to violating
Section 11-501, including any person placed on court
supervision for violating Section 11-501, shall be assessed
$500, payable to the circuit clerk, who shall distribute the
money as follows: 20% to the law enforcement agency that made
the arrest, and 80% shall be forwarded to the State Treasurer
for deposit into the General Revenue Fund. If the person has
been previously convicted of violating Section 11-501 or a
similar provision of a local ordinance, the fine shall be
$1,000. In the event that more than one agency is responsible
for the arrest, the amount payable to law enforcement agencies
shall be shared equally. Any moneys received by a law
enforcement agency under this subsection (f) shall be used to
purchase law enforcement equipment that will assist in the
prevention of alcohol related criminal violence throughout the
State. This shall include, but is not limited to, in-car video
cameras, radar and laser speed detection devices, and alcohol
breath testers. Any moneys received by the Department of State
Police under this subsection (f) shall be deposited into the
State Police DUI Fund and shall be used to purchase law
enforcement equipment that will assist in the prevention of
alcohol related criminal violence throughout the State.
    (g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (f) of this Section
shall be deposited into the Secretary of State Police DUI Fund
and, subject to appropriation, shall be used to purchase law
enforcement equipment to assist in the prevention of alcohol
related criminal violence throughout the State.
    (h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
    (i) In addition to any other fine or penalty required by
law, an individual convicted of a violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision, whose operation of a motor vehicle,
snowmobile, or watercraft while in violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision proximately caused an incident resulting in
an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. The restitution may not exceed $1,000 per public
agency for each emergency response. As used in this subsection
(i), "emergency response" means any incident requiring a
response by a police officer, a firefighter carried on the
rolls of a regularly constituted fire department, or an
ambulance.
(Source: P.A. 95-578, eff. 6-1-08.)