(625 ILCS 5/6‑204)
(from Ch. 95 1/2, par. 6‑204)
Sec. 6‑204.
When Court to forward License and Reports.
(a) For the purpose of providing to the Secretary of State the records essential to the performance of the Secretary's duties under this Code to cancel, revoke or suspend the driver's license and privilege to drive motor vehicles of certain minors adjudicated truant minors in need of supervision, addicted, or delinquent and of persons found guilty of the criminal offenses or traffic violations which this Code recognizes as evidence relating to unfitness to safely operate motor vehicles, the following duties are imposed upon public officials:
(1) Whenever any person is convicted of any offense
| for which this Code makes mandatory the cancellation or revocation of the driver's license or permit of such person by the Secretary of State, the judge of the court in which such conviction is had shall require the surrender to the clerk of the court of all driver's licenses or permits then held by the person so convicted, and the clerk of the court shall, within 5 days thereafter, forward the same, together with a report of such conviction, to the Secretary. | |
(2) Whenever any person is convicted of any offense |
| under this Code or similar offenses under a municipal ordinance, other than regulations governing standing, parking or weights of vehicles, and excepting the following enumerated Sections of this Code: Sections 11‑1406 (obstruction to driver's view or control), 11‑1407 (improper opening of door into traffic), 11‑1410 (coasting on downgrade), 11‑1411 (following fire apparatus), 11‑1419.01 (Motor Fuel Tax I.D. Card), 12‑101 (driving vehicle which is in unsafe condition or improperly equipped), 12‑201(a) (daytime lights on motorcycles), 12‑202 (clearance, identification and side marker lamps), 12‑204 (lamp or flag on projecting load), 12‑205 (failure to display the safety lights required), 12‑401 (restrictions as to tire equipment), 12‑502 (mirrors), 12‑503 (windshields must be unobstructed and equipped with wipers), 12‑601 (horns and warning devices), 12‑602 (mufflers, prevention of noise or smoke), 12‑603 (seat safety belts), 12‑702 (certain vehicles to carry flares or other warning devices), 12‑703 (vehicles for oiling roads operated on highways), 12‑710 (splash guards and replacements), 13‑101 (safety tests), 15‑101 (size, weight and load), 15‑102 (width), 15‑103 (height), 15‑104 (name and address on second division vehicles), 15‑107 (length of vehicle), 15‑109.1 (cover or tarpaulin), 15‑111 (weights), 15‑112 (weights), 15‑301 (weights), 15‑316 (weights), 15‑318 (weights), and also excepting the following enumerated Sections of the Chicago Municipal Code: Sections 27‑245 (following fire apparatus), 27‑254 (obstruction of traffic), 27‑258 (driving vehicle which is in unsafe condition), 27‑259 (coasting on downgrade), 27‑264 (use of horns and signal devices), 27‑265 (obstruction to driver's view or driver mechanism), 27‑267 (dimming of headlights), 27‑268 (unattended motor vehicle), 27‑272 (illegal funeral procession), 27‑273 (funeral procession on boulevard), 27‑275 (driving freight hauling vehicles on boulevard), 27‑276 (stopping and standing of buses or taxicabs), 27‑277 (cruising of public passenger vehicles), 27‑305 (parallel parking), 27‑306 (diagonal parking), 27‑307 (parking not to obstruct traffic), 27‑308 (stopping, standing or parking regulated), 27‑311 (parking regulations), 27‑312 (parking regulations), 27‑313 (parking regulations), 27‑314 (parking regulations), 27‑315 (parking regulations), 27‑316 (parking regulations), 27‑317 (parking regulations), 27‑318 (parking regulations), 27‑319 (parking regulations), 27‑320 (parking regulations), 27‑321 (parking regulations), 27‑322 (parking regulations), 27‑324 (loading and unloading at an angle), 27‑333 (wheel and axle loads), 27‑334 (load restrictions in the downtown district), 27‑335 (load restrictions in residential areas), 27‑338 (width of vehicles), 27‑339 (height of vehicles), 27‑340 (length of vehicles), 27‑352 (reflectors on trailers), 27‑353 (mufflers), 27‑354 (display of plates), 27‑355 (display of city vehicle tax sticker), 27‑357 (identification of vehicles), 27‑358 (projecting of loads), and also excepting the following enumerated paragraphs of Section 2‑201 of the Rules and Regulations of the Illinois State Toll Highway Authority: (l) (driving unsafe vehicle on tollway), (m) (vehicles transporting dangerous cargo not properly indicated), it shall be the duty of the clerk of the court in which such conviction is had within 5 days thereafter to forward to the Secretary of State a report of the conviction and the court may recommend the suspension of the driver's license or permit of the person so convicted. | |
The reporting requirements of this subsection shall apply to all violations stated in paragraphs (1) and (2) of this subsection when the individual has been adjudicated under the Juvenile Court Act or the Juvenile Court Act of 1987. Such reporting requirements shall also apply to individuals adjudicated under the Juvenile Court Act or the Juvenile Court Act of 1987 who have committed a violation of Section 11‑501 of this Code, or similar provision of a local ordinance, or Section 9‑3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide. These reporting requirements also apply to individuals adjudicated under the Juvenile Court Act of 1987 based on any 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 reporting requirements of this subsection shall also apply to a truant minor in need of supervision, an addicted minor, or a delinquent minor and whose driver's license and privilege to drive a motor vehicle has been ordered suspended for such times as determined by the Court, but only until he or she attains 18 years of age. It shall be the duty of the clerk of the court in which adjudication is had within 5 days thereafter to forward to the Secretary of State a report of the adjudication and the court order requiring the Secretary of State to suspend the minor's driver's license and driving privilege for such time as determined by the Court, but only until he or she attains the age of 18 years. All juvenile court dispositions reported to the Secretary of State under this provision shall be processed by the Secretary of State as if the cases had been adjudicated in traffic or criminal court. However, information reported relative to the offense of reckless homicide, or Section 11‑501 of this Code, or a similar provision of a local ordinance, shall be privileged and available only to the Secretary of State, courts, and police officers.
The reporting requirements of this subsection (a) |
| apply to all violations listed in paragraphs (1) and (2) of this subsection (a), excluding parking violations, when the driver holds a CDL, regardless of the type of vehicle in which the violation occurred, or when any driver committed the violation in a commercial motor vehicle as defined in Section 6‑500 of this Code. | |
(3) Whenever an order is entered vacating the |
| forfeiture of any bail, security or bond given to secure appearance for any offense under this Code or similar offenses under municipal ordinance, it shall be the duty of the clerk of the court in which such vacation was had or the judge of such court if such court has no clerk, within 5 days thereafter to forward to the Secretary of State a report of the vacation. | |
(4) A report of any disposition of court supervision |
| for a violation of Sections 6‑303, 11‑401, 11‑501 or a similar provision of a local ordinance, 11‑503, 11‑504, and 11‑506 shall be forwarded to the Secretary of State. A report of any disposition of court supervision for a violation of an offense defined as a serious traffic violation in this Code or a similar provision of a local ordinance committed by a person under the age of 21 years shall be forwarded to the Secretary of State. | |
(5) Reports of conviction under this Code and |
| sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium shall be forwarded to the Secretary of State via the Supreme Court in the form and format required by the Illinois Supreme Court and established by a written agreement between the Supreme Court and the Secretary of State. In counties with a population over 300,000, instead of forwarding reports to the Supreme Court, reports of conviction under this Code and sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium may be forwarded to the Secretary of State by the Circuit Court Clerk in a form and format required by the Secretary of State and established by written agreement between the Circuit Court Clerk and the Secretary of State. Failure to forward the reports of conviction or sentencing hearing under the Juvenile Court Act of 1987 as required by this Section shall be deemed an omission of duty and it shall be the duty of the several State's Attorneys to enforce the requirements of this Section. | |
(b) Whenever a restricted driving permit is forwarded to a court, as a result of confiscation by a police officer pursuant to the authority in Section 6‑113(f), it shall be the duty of the clerk, or judge, if the court has no clerk, to forward such restricted driving permit and a facsimile of the officer's citation to the Secretary of State as expeditiously as practicable.
(c) For the purposes of this Code, a forfeiture of bail or collateral deposited to secure a defendant's appearance in court when forfeiture has not been vacated, or the failure of a defendant to appear for trial after depositing his driver's license in lieu of other bail, shall be equivalent to a conviction.
(d) For the purpose of providing the Secretary of State with records necessary to properly monitor and assess driver performance and assist the courts in the proper disposition of repeat traffic law offenders, the clerk of the court shall forward to the Secretary of State, on a form prescribed by the Secretary, records of a driver's participation in a driver remedial or rehabilitative program which was required, through a court order or court supervision, in relation to the driver's arrest for a violation of Section 11‑501 of this Code or a similar provision of a local ordinance. The clerk of the court shall also forward to the Secretary, either on paper or in an electronic format or a computer processible medium as required under paragraph (5) of subsection (a) of this Section, any disposition of court supervision for any traffic violation, excluding those offenses listed in paragraph (2) of subsection (a) of this Section. These reports shall be sent within 5 days after disposition, or, if the driver is referred to a driver remedial or rehabilitative program, within 5 days of the driver's referral to that program. These reports received by the Secretary of State, including those required to be forwarded under paragraph (a)(4), shall be privileged information, available only (i) to the affected driver, (ii) to the parent or guardian of a person under the age of 18 years holding an instruction permit or a graduated driver's license, and (iii) for use by the courts, police officers, prosecuting authorities, the Secretary of State, and the driver licensing administrator of any other state. In accordance with 49 C.F.R. Part 384, all reports of court supervision, except violations related to parking, shall be forwarded to the Secretary of State for all holders of a CDL or any driver who commits an offense while driving a commercial motor vehicle. These reports shall be recorded to the driver's record as a conviction for use in the disqualification of the driver's commercial motor vehicle privileges and shall not be privileged information.
(Source: P.A. 94‑307, eff. 9‑30‑05; 94‑930, eff. 6‑26‑06; 95‑201, eff. 1‑1‑08; 95‑310, eff. 1‑1‑08; 95‑337, eff. 6‑1‑08; 95‑382, eff. 8‑23‑07; 95‑876, eff. 8‑21‑08.) |
(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
|
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 |
|
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 paragraph (a) of Section 11‑506 of |
| this Code or a similar provision of a local ordinance relating to the offense of street racing; | |
15. A second or subsequent conviction of driving |
| while the person's driver's license, permit or privileges was revoked for reckless homicide or a similar out‑of‑state offense. | |
(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 the petitioner to transport himself or herself or a family member of the petitioner's household to a medical facility for the receipt of necessary medical care or to allow 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 the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at 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 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 |
|
(iii) a suspension pursuant to Section |
|
arising out of separate occurrences; or
(B) 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 where the use of alcohol or other drugs was recited as an element of the offense, 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 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) (Blank).
(c‑6) If a person is convicted of a second violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9‑3 of the Criminal Code of 1961 relating to the offense of reckless homicide or a similar out‑of‑state offense, the person's driving privileges shall be revoked pursuant to subdivision (a)(15) of this Section. The person may not make application for a license or permit until the expiration of five years from the effective date of the revocation or the expiration of five years from the date of release from a term of imprisonment, whichever is later.
(c‑7) If a person is convicted of a third or subsequent violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9‑3 of the Criminal Code of 1961 relating to the offense of reckless homicide or a similar out‑of‑state offense, the person may never apply for a license or permit.
(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 |
|
(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 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 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. 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; 95‑848, eff. 1‑1‑09; 95‑876, eff. 8‑21‑08; 96‑328, eff. 8‑11‑09; 96‑607, eff. 8‑24‑09.) |
(625 ILCS 5/6‑206)
(from Ch. 95 1/2, par. 6‑206)
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, 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 |
|
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 |
|
35. Has committed a violation of Section 11‑1301.6 |
|
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 that resulted in damage to the property of another or the death or injury of another; | |
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; | |
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. 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 suspended or revoked pursuant to subparagraph 36 of this Section; or | |
45. 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 the petitioner to transport himself or herself, or a family member of the petitioner's household to a medical facility, to receive necessary medical care, to allow 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 the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at 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 |
|
(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 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, the Secretary of State, or the parent or legal guardian of a driver under the age of 18. 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 21 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. 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; 95‑848, eff. 1‑1‑09; 95‑876, eff. 8‑21‑08; 95‑894, eff. 1‑1‑09; 96‑328, eff. 8‑11‑09; 96‑607, eff. 8‑24‑09.) |
(625 ILCS 5/6‑206.1)
(from Ch. 95 1/2, par. 6‑206.1)
Sec. 6‑206.1.
Monitoring Device Driving Permit.
Declaration of Policy. It is hereby declared a policy of the State of Illinois that the driver who is impaired by alcohol, other drug or drugs, or intoxicating compound or compounds is a threat to the public safety and welfare. Therefore, to provide a deterrent to such practice, a statutory summary driver's license suspension is appropriate. It is also recognized that driving is a privilege and therefore, that the granting of driving privileges, in a manner consistent with public safety, is warranted during the period of suspension in the form of a monitoring device driving permit. A person who drives and fails to comply with the requirements of the monitoring device driving permit commits a violation of Section 6‑303 of this Code.
The following procedures shall apply whenever a first offender is arrested for any offense as defined in Section 11‑501 or a similar provision of a local ordinance:
(a) Subsequent to a notification of a statutory summary suspension of driving privileges as provided in Section 11‑501.1, the court, after informing the first offender, as defined in Section 11‑500, of his or her right to a monitoring device driving permit, hereinafter referred to as a MDDP, and of the obligations of the MDDP, shall enter an order directing the Secretary of State (hereinafter referred to as the Secretary) to issue a MDDP to the offender, unless the offender has opted, in writing, not to have a MDDP issued. After opting out of having a MDDP issued, at any time during the summary suspension, the offender may petition the court for an order directing the Secretary to issue a MDDP. However, the court shall not enter the order directing the Secretary to issue the MDDP, in any instance, if the court finds:
(1) The offender's driver's license is otherwise
|
(2) Death or great bodily harm resulted from the |
| arrest for Section 11‑501; | |
(3) That the offender has been previously convicted |
| of reckless homicide or aggravated driving under the influence involving death; or | |
(4) That the offender is less than 18 years of age.
Any court order for a MDDP shall order the person to pay |
| the Secretary a MDDP Administration Fee in an amount not to exceed $30 per month, to be deposited into the Monitoring Device Driving Permit Administration Fee Fund. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. The order shall further specify that the offender must have an ignition interlock device installed within 14 days of the date the Secretary issues the MDDP. The ignition interlock device provider must notify the Secretary, in a manner and form prescribed by the Secretary, of the installation. If the Secretary does not receive notice of installation, the Secretary shall cancel the MDDP. | |
A MDDP shall not become effective prior to the 31st day of the original statutory summary suspension.
(a‑1) A person issued a MDDP may drive for any purpose and at any time, subject to the rules adopted by the Secretary under subsection (g). The person must, at his or her own expense, drive only vehicles equipped with an ignition interlock device as defined in Section 1‑129.1, but in no event shall such person drive a commercial motor vehicle.
(a‑2) Persons who are issued a MDDP and must drive employer‑owned vehicles in the course of their employment duties may seek permission to drive an employer‑owned vehicle that does not have an ignition interlock device. The employer shall provide to the Secretary a form, as prescribed by the Secretary, completed by the employer verifying that the employee must drive an employer‑owned vehicle in the course of employment. If approved by the Secretary, the form must be in the driver's possession while operating an employer‑owner vehicle not equipped with an ignition interlock device. No person may use this exemption to drive a school bus, school vehicle, or a vehicle designed to transport more than 15 passengers. No person may use this exemption to drive an employer‑owned motor vehicle that is owned by an entity that is wholly or partially owned by the person holding the MDDP, or by a family member of the person holding the MDDP. No person may use this exemption to drive an employer‑owned vehicle that is made available to the employee for personal use. No person may drive the exempted vehicle more than 12 hours per day, 6 days per week.
(b) (Blank).
(c) (Blank).
(c‑1) If the holder of the MDDP is convicted of or receives court supervision for a violation of Section 6‑206.2, 6‑303, 11‑204, 11‑204.1, 11‑401, 11‑501, 11‑503, 11‑506 or a similar provision of a local ordinance or a similar out‑of‑state offense or is convicted of or receives court supervision for any offense for which alcohol or drugs is an element of the offense and in which a motor vehicle was involved (for an arrest other than the one for which the MDDP is issued), or de‑installs the BAIID without prior authorization from the Secretary, the MDDP shall be cancelled.
(c‑5) If the court determines that the person seeking the MDDP is indigent, the court shall provide the person with a written document, in a form prescribed by the Secretary, as evidence of that determination, and the person shall provide that written document to an ignition interlock device provider. The provider shall install an ignition interlock device on that person's vehicle without charge to the person, and seek reimbursement from the Indigent BAIID Fund. If the court has deemed an offender indigent, the BAIID provider shall also provide the normal monthly monitoring services and the de‑installation without charge to the offender and seek reimbursement from the Indigent BAIID Fund. Any other monetary charges, such as a lockout fee or reset fee, shall be the responsibility of the MDDP holder. A BAIID provider may not seek a security deposit from the Indigent BAIID Fund. The court shall also forward a copy of the indigent determination to the Secretary, in a manner and form as prescribed by the Secretary.
(d) The Secretary shall, upon receiving a court order, issue a MDDP to a person who applies for a MDDP under this Section. Such court order shall contain the name, driver's license number, and legal address of the applicant. This information shall be available only to the courts, police officers, and the Secretary, except during the actual period the MDDP is valid, during which time it shall be a public record. The Secretary shall design and furnish to the courts an official court order form to be used by the courts when directing the Secretary to issue a MDDP.
Any submitted court order that contains insufficient data or fails to comply with this Code shall not be utilized for MDDP issuance or entered to the driver record but shall be returned to the issuing court indicating why the MDDP cannot be so entered. A notice of this action shall also be sent to the MDDP applicant by the Secretary.
(e) (Blank).
(f) (Blank).
(g) The Secretary shall adopt rules for implementing this Section. The rules adopted shall address issues including, but not limited to: compliance with the requirements of the MDDP; methods for determining compliance with those requirements; the consequences of noncompliance with those requirements; what constitutes a violation of the MDDP; and the duties of a person or entity that supplies the ignition interlock device.
(h) The rules adopted under subsection (g) shall provide, at a minimum, that the person is not in compliance with the requirements of the MDDP if he or she:
(1) tampers or attempts to tamper with or circumvent |
| the proper operation of the ignition interlock device; | |
(2) provides valid breath samples that register blood |
| alcohol levels in excess of the number of times allowed under the rules; | |
(3) fails to provide evidence sufficient to satisfy |
| the Secretary that the ignition interlock device has been installed in the designated vehicle or vehicles; or | |
(4) fails to follow any other applicable rules |
| adopted by the Secretary. | |
(i) Any person or entity that supplies an ignition |
| interlock device as provided under this Section shall, in addition to supplying only those devices which fully comply with all the rules adopted under subsection (g), provide the Secretary, within 7 days of inspection, all monitoring reports of each person who has had an ignition interlock device installed. These reports shall be furnished in a manner or form as prescribed by the Secretary. | |
(j) Upon making a determination that a violation of the |
| requirements of the MDDP has occurred, the Secretary shall extend the summary suspension period for an additional 3 months beyond the originally imposed summary suspension period, during which time the person shall only be allowed to drive vehicles equipped with an ignition interlock device; provided further there are no limitations on the total number of times the summary suspension may be extended. The Secretary may, however, limit the number of extensions imposed for violations occurring during any one monitoring period, as set forth by rule. Any person whose summary suspension is extended pursuant to this Section shall have the right to contest the extension through a hearing with the Secretary, pursuant to Section 2‑118 of this Code. If the summary suspension has already terminated prior to the Secretary receiving the monitoring report that shows a violation, the Secretary shall be authorized to suspend the person's driving privileges for 3 months, provided that the Secretary may, by rule, limit the number of suspensions to be entered pursuant to this paragraph for violations occurring during any one monitoring period. Any person whose license is suspended pursuant to this paragraph, after the summary suspension had already terminated, shall have the right to contest the suspension through a hearing with the Secretary, pursuant to Section 2‑118 of this Code. The only permit the person shall be eligible for during this new suspension period is a MDDP. | |
(k) A person who has had his or her summary suspension |
| extended for the third time, or has any combination of 3 extensions and new suspensions, entered as a result of a violation that occurred while holding the MDDP, so long as the extensions and new suspensions relate to the same summary suspension, shall have his or her vehicle impounded for a period of 30 days, at the person's own expense. A person who has his or her summary suspension extended for the fourth time, or has any combination of 4 extensions and new suspensions, entered as a result of a violation that occurred while holding the MDDP, so long as the extensions and new suspensions relate to the same summary suspension, shall have his or her vehicle subject to seizure and forfeiture. The Secretary shall notify the prosecuting authority of any third or fourth extensions or new suspension entered as a result of a violation that occurred while the person held a MDDP. Upon receipt of the notification, the prosecuting authority shall impound or forfeit the vehicle. | |
(l) A person whose driving privileges have been |
| suspended under Section 11‑501.1 of this Code and who had a MDDP that was cancelled, or would have been cancelled had notification of a violation been received prior to expiration of the MDDP, pursuant to subsection (c‑1) of this Section, shall not be eligible for reinstatement when the summary suspension is scheduled to terminate. Instead, the person's driving privileges shall be suspended for a period of not less than twice the original summary suspension period, or for the length of any extensions entered under subsection (j), whichever is longer. During the period of suspension, the person shall be eligible only to apply for a restricted driving permit. If a restricted driving permit is granted, the offender may only operate vehicles equipped with a BAIID in accordance with this Section. | |
(m) Any person or entity that supplies an ignition |
| interlock device under this Section shall, for each ignition interlock device installed, pay 5% of the total gross revenue received for the device, including monthly monitoring fees, into the Indigent BAIID Fund. This 5% shall be clearly indicated as a separate surcharge on each invoice that is issued. The Secretary shall conduct an annual review of the fund to determine whether the surcharge is sufficient to provide for indigent users. The Secretary may increase or decrease this surcharge requirement as needed. | |
(n) Any person or entity that supplies an ignition |
| interlock device under this Section that is requested to provide an ignition interlock device to a person who presents written documentation of indigency from the court, as provided in subsection (c‑5) of this Section, shall install the device on the person's vehicle without charge to the person and shall seek reimbursement from the Indigent BAIID Fund. | |
(o) The Indigent BAIID Fund is created as a special fund |
| in the State treasury. The Secretary shall, subject to appropriation by the General Assembly, use all money in the Indigent BAIID Fund to reimburse ignition interlock device providers who have installed devices in vehicles of indigent persons pursuant to court orders issued under this Section. The Secretary shall make payments to such providers every 3 months. If the amount of money in the fund at the time payments are made is not sufficient to pay all requests for reimbursement submitted during that 3 month period, the Secretary shall make payments on a pro‑rata basis, and those payments shall be considered payment in full for the requests submitted. | |
(p) The Monitoring Device Driving Permit Administration |
| Fee Fund is created as a special fund in the State treasury. The Secretary shall, subject to appropriation by the General Assembly, use the money paid into this fund to offset its administrative costs for administering MDDPs. | |
(Source: P.A. 95‑400, eff. 1‑1‑09; 95‑578, eff. 1‑1‑09; 95‑855, eff. 1‑1‑09; 95‑876, eff. 8‑21‑08; 96‑184, eff. 8‑10‑09.) |
(625 ILCS 5/6‑208)
(from Ch. 95 1/2, par. 6‑208)
Sec. 6‑208.
Period of Suspension ‑ Application After Revocation.
(a) Except as otherwise provided by this Code or any other law of this State, the Secretary of State shall not suspend a driver's license, permit, or privilege to drive a motor vehicle on the highways for a period of more than one year.
(b) Any person whose license, permit, or privilege to drive a motor vehicle on the highways has been revoked shall not be entitled to have such license, permit, or privilege renewed or restored. However, such person may, except as provided under subsections (d) and (d‑5) of Section 6‑205, make application for a license pursuant to Section 6‑106 (i) if the revocation was for a cause that has been removed or (ii) as provided in the following subparagraphs:
1. Except as provided in subparagraphs 1.5, 2, 3, 4,
| and 5, the person may make application for a license (A) after the expiration of one year from the effective date of the revocation, (B) in the case of a violation of paragraph (b) of Section 11‑401 of this Code or a similar provision of a local ordinance, after the expiration of 3 years from the effective date of the revocation, or (C) in the case of a violation of Section 9‑3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to the offense of reckless homicide or a violation of subparagraph (F) of paragraph 1 of subsection (d) of Section 11‑501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, after the expiration of 2 years from the effective date of the revocation or after the expiration of 24 months from the date of release from a period of imprisonment as provided in Section 6‑103 of this Code, whichever is later. | |
1.5. If the person is convicted of a 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, the person may not make application for a license or permit until the expiration of 3 years from the date of the conviction. | |
2. If such person is convicted of committing a |
| second violation within a 20‑year period of: | |
(A) Section 11‑501 of this Code or a similar |
| provision of a local ordinance; | |
(B) Paragraph (b) of Section 11‑401 of this Code |
| or a similar provision of a local ordinance; | |
(C) Section 9‑3 of the Criminal Code of 1961, |
| relating to the offense of reckless homicide; or | |
(D) any combination of the above offenses |
| committed at different instances; | |
then such person may not make application for a license |
| until after the expiration of 5 years from the effective date of the most recent revocation. The 20‑year period shall be computed by using the dates the offenses were committed and shall also include similar out‑of‑state offenses and similar offenses committed on a military installation. | |
2.5. If a person is convicted of a second violation |
| of Section 6‑303 of this Code committed while the person's 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, the person may not make application for a license or permit until the expiration of 5 years from the date of release from a term of imprisonment. | |
3. However, except as provided in subparagraph 4, if |
| such person is convicted of committing a third or subsequent violation or any combination of the above offenses, including similar out‑of‑state offenses and similar offenses committed on a military installation, contained in subparagraph 2, then such person may not make application for a license until after the expiration of 10 years from the effective date of the most recent revocation. | |
4. The person may not make application for a license |
| if the person is convicted of committing a fourth or subsequent violation of Section 11‑501 of this Code or a similar provision of a local ordinance, Section 11‑401 of this Code, Section 9‑3 of the Criminal Code of 1961, or a combination of these offenses, similar provisions of local ordinances, similar out‑of‑state offenses, or similar offenses committed on a military installation. | |
5. The person may not make application for a license |
| or permit if the person is 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. | |
Notwithstanding any other provision of this Code, all persons referred to in this paragraph (b) may not have their privileges restored until the Secretary receives payment of the required reinstatement fee pursuant to subsection (b) of Section 6‑118.
In no event shall the Secretary issue such license unless and until such person has had a hearing pursuant to this Code and the appropriate administrative rules and the Secretary is satisfied, after a review or investigation of such person, that to grant the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare.
(c) (Blank).
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑355, eff. 1‑1‑08; 95‑377, eff. 1‑1‑08; 95‑876, eff. 8‑21‑08; 96‑607, eff. 8‑24‑09.) |
(625 ILCS 5/6‑208.1)
(from Ch. 95 1/2, par. 6‑208.1)
(Text of Section before amendment by P.A. 96‑1344
)
Sec. 6‑208.1.
Period of statutory summary alcohol, other drug, or intoxicating compound related suspension.
(a) Unless the statutory summary suspension has been rescinded, any person whose privilege to drive a motor vehicle on the public highways has been summarily suspended, pursuant to Section 11‑501.1, shall not be eligible for restoration of the privilege until the expiration of:
1. Twelve months from the effective date of the
|
| statutory summary suspension for a refusal or failure to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration, pursuant to Section 11‑501.1; or |
|
2. Six months from the effective date of the |
| statutory summary suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, pursuant to Section 11‑501.1; or |
|
3. Three years from the effective date of the |
| statutory summary suspension for any person other than a first offender who refuses or fails to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration pursuant to Section 11‑501.1; or |
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4. One year from the effective date of the summary |
| suspension imposed for any person other than a first offender following submission to a chemical test which disclosed an alcohol concentration of 0.08 or more pursuant to Section 11‑501.1 or any amount of a drug, substance or compound in such person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. |
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(b) Following a statutory summary suspension of the privilege to drive a motor vehicle under Section 11‑501.1, driving privileges shall be restored unless the person is otherwise suspended, revoked, or cancelled by this Code. If the court has reason to believe that the person's driving privilege should not be restored, the court shall notify the Secretary of State prior to the expiration of the statutory summary suspension so appropriate action may be taken pursuant to this Code.
(c) Driving privileges may not be restored until all applicable reinstatement fees, as provided by this Code, have been paid to the Secretary of State and the appropriate entry made to the driver's record.
(d) Where a driving privilege has been summarily suspended under Section 11‑501.1 and the person is subsequently convicted of violating Section 11‑501, or a similar provision of a local ordinance, for the same incident, any period served on statutory summary suspension shall be credited toward the minimum period of revocation of driving privileges imposed pursuant to Section 6‑205.
(e) Following a statutory summary suspension of driving privileges pursuant to Section 11‑501.1, for a first offender, the circuit court shall, unless the offender has opted in writing not to have a monitoring device driving permit issued, order the Secretary of State to issue a monitoring device driving permit as provided in Section 6‑206.1. A monitoring device driving permit shall not be effective prior to the 31st day of the statutory summary suspension.
(f) (Blank).
(g) Following a statutory summary suspension of driving privileges pursuant to Section 11‑501.1 where the person was not a first offender, as defined in Section 11‑500, the Secretary of State may not issue a restricted driving permit.
(h) (Blank).
(Source: P.A. 95‑355, eff. 1‑1‑08; 95‑400, eff. 1‑1‑09; 95‑876, eff. 8‑21‑08.)
(Text of Section after amendment by P.A. 96‑1344 )
Sec. 6‑208.1. Period of statutory summary alcohol, other drug, or intoxicating compound related suspension or revocation.
(a) Unless the statutory summary suspension has been rescinded, any person whose privilege to drive a motor vehicle on the public highways has been summarily suspended, pursuant to Section 11‑501.1, shall not be eligible for restoration of the privilege until the expiration of:
1. Twelve months from the effective date of the |
| statutory summary suspension for a refusal or failure to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration, pursuant to Section 11‑501.1, if the person was not involved in a motor vehicle crash that caused personal injury or death to another; or |
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2. Six months from the effective date of the |
| statutory summary suspension imposed following the person's submission to a chemical test which disclosed an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in such person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, pursuant to Section 11‑501.1; or |
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3. Three years from the effective date of the |
| statutory summary suspension for any person other than a first offender who refuses or fails to complete a test or tests to determine the alcohol, drug, or intoxicating compound concentration pursuant to Section 11‑501.1; or |
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4. One year from the effective date of the summary |
| suspension imposed for any person other than a first offender following submission to a chemical test which disclosed an alcohol concentration of 0.08 or more pursuant to Section 11‑501.1 or any amount of a drug, substance or compound in such person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. |
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(a‑1) Unless the statutory summary revocation has been rescinded, any person whose privilege to drive has been summarily revoked pursuant to Section 11‑501.1 may not make application for a license or permit until the expiration of one year from the effective date of the summary revocation.
(b) Following a statutory summary suspension of the privilege to drive a motor vehicle under Section 11‑501.1, driving privileges shall be restored unless the person is otherwise suspended, revoked, or cancelled by this Code. If the court has reason to believe that the person's driving privilege should not be restored, the court shall notify the Secretary of State prior to the expiration of the statutory summary suspension so appropriate action may be taken pursuant to this Code.
(c) Driving privileges may not be restored until all applicable reinstatement fees, as provided by this Code, have been paid to the Secretary of State and the appropriate entry made to the driver's record.
(d) Where a driving privilege has been summarily suspended or revoked under Section 11‑501.1 and the person is subsequently convicted of violating Section 11‑501, or a similar provision of a local ordinance, for the same incident, any period served on statutory summary suspension or revocation shall be credited toward the minimum period of revocation of driving privileges imposed pursuant to Section 6‑205.
(e) Following a statutory summary suspension of driving privileges pursuant to Section 11‑501.1, for a first offender, the circuit court shall, unless the offender has opted in writing not to have a monitoring device driving permit issued, order the Secretary of State to issue a monitoring device driving permit as provided in Section 6‑206.1. A monitoring device driving permit shall not be effective prior to the 31st day of the statutory summary suspension. A first offender who refused chemical testing and whose driving privileges were summarily revoked pursuant to Section 11‑501.1 shall not be eligible for any type of driving permit or privilege during the summary revocation.
(f) (Blank).
(g) Following a statutory summary suspension of driving privileges pursuant to Section 11‑501.1 where the person was not a first offender, as defined in Section 11‑500, the Secretary of State may not issue a restricted driving permit.
(h) (Blank).
(Source: P.A. 95‑355, eff. 1‑1‑08; 95‑400, eff. 1‑1‑09; 95‑876, eff. 8‑21‑08; 96‑1344, eff. 7‑1‑11.) |