(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
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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.
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(2) Whenever any person is convicted of any offense
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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.
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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.
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)
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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.
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(3) Whenever an order is entered vacating the
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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.
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(4) A report of any disposition of court supervision
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for a violation of Sections 6‑303, 11‑401, 11‑501 or a similar provision of a local ordinance, 11‑503 and 11‑504 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.
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(5) Reports of conviction under this Code and
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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.
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(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 and (ii) for use by the courts, police
officers, prosecuting authorities, and the Secretary of 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.)
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(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
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2. Violation of Section 11‑501 of this Code or a
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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;
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3. Any felony under the laws of any State or the
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federal government in the commission of which a motor vehicle was used;
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4. Violation of Section 11‑401 of this Code relating
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to the offense of leaving the scene of a traffic accident involving death or personal injury;
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5. Perjury or the making of a false affidavit or
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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;
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6. Conviction upon 3 charges of violation of Section
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11‑503 of this Code relating to the offense of reckless driving committed within a period of 12 months;
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7. Conviction of any offense defined in Section
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8. Violation of Section 11‑504 of this Code relating
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to the offense of drag racing;
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9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12‑5 of the Criminal Code
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of 1961 arising from the use of a motor vehicle;
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11. Violation of Section 11‑204.1 of this Code
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relating to aggravated fleeing or attempting to elude a peace officer;
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12. Violation of paragraph (1) of subsection (b) of
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Section 6‑507, or a similar law of any other state, relating to the unlawful operation of a commercial motor vehicle;
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13. Violation of paragraph (a) of Section 11‑502 of
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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.
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(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
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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;
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2. Of any person when any other law of this State
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requires either the revocation or suspension of a license or permit.
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(c) 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 or a household member
of the petitioner's family for the receipt of necessary medical care or, if
the professional evaluation indicates, provide transportation for the
petitioner for alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited educational
institution; if the petitioner is able to demonstrate that no alternative means
of transportation is reasonably available and the petitioner will not endanger
the public safety or welfare; provided that the Secretary's discretion shall be
limited to cases where undue hardship would result from a failure to issue the
restricted driving permit.
If a person's license or permit has been 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, 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.
If a person's license or permit has been revoked or suspended 2 or more
times within a 10 year period due to 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, and a statutory summary suspension under Section
11‑501.1, or 2 or more statutory summary suspensions, or combination of 2
offenses, or of an offense and a statutory summary suspension, 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.
The person must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $20 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees.
If the restricted driving permit was issued for employment purposes, then
this provision does not apply to the operation of an occupational vehicle
owned or leased by that person's employer.
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
relating to the offense of operating or being in physical control of a motor
vehicle while under the influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or any similar out‑of‑state offense, or any combination
thereof, 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. 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.
(d) 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, 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
issue the applicant a
license, 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, until the applicant attains 21 years of age.
If a person's license or permit has been 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, 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.
If a person's license or permit has been revoked or suspended 2 or more times
within a 10 year period due to 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, and
a statutory summary suspension under Section 11‑501.1, or 2 or more statutory
summary
suspensions, or combination of 2 offenses, or of an offense and a statutory
summary
suspension, 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.
The person must pay to the Secretary of State DUI Administration Fund an amount
not to exceed $20 per month. The Secretary shall establish by rule the amount
and the procedures, terms, and conditions relating to these fees.
If the restricted driving permit was issued for employment purposes, then
this provision does not apply to the operation of an occupational vehicle
owned or leased by that person's employer. 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 revocation periods contained in this subparagraph shall apply to similar
out‑of‑state convictions.
(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 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 Secretary shall establish by rule and
regulation the procedures for certification and use of the interlock
system.
(i) The Secretary of State may not issue a restricted driving permit for
a period of one year after a second or subsequent revocation of driving
privileges under clause (a)(2) of this Section; however, one
year after the date of a second or subsequent revocation of driving privileges
under clause (a)(2) of this Section, the Secretary of State may,
upon application, issue a restricted driving permit under the terms and
conditions of subsection (c).
(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 under any provisions of this Code.
(Source: P.A. 93‑120, eff. 1‑1‑04; 94‑307, eff. 9‑30‑05.)
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(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
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revocation of a driver's license or permit is required upon conviction;
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2. Has been convicted of not less than 3 offenses
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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;
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3. Has been repeatedly involved as a driver in motor
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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;
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4. Has by the unlawful operation of a motor vehicle
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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;
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5. Has permitted an unlawful or fraudulent use of a
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driver's license, identification card, or permit;
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6. Has been lawfully convicted of an offense or
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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;
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7. Has refused or failed to submit to an examination
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provided for by Section 6‑207 or has failed to pass the examination;
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8. Is ineligible for a driver's license or permit
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under the provisions of Section 6‑103;
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9. Has made a false statement or knowingly concealed
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a material fact or has used false information or identification in any application for a license, identification card, or permit;
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10. Has possessed, displayed, or attempted to
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fraudulently use any license, identification card, or permit not issued to the person;
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11. Has operated a motor vehicle upon a highway of
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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 judicial driving permit, probationary license to drive, or a restricted driving permit issued under this Code;
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12. Has submitted to any portion of the application
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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;
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13. Has operated a motor vehicle upon a highway of
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this State when the person's driver's license or permit was invalid under the provisions of Sections 6‑107.1 and 6‑110;
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14. Has committed a violation of Section 6‑301,
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6‑301.1, or 6‑301.2 of this Act, or Section 14, 14A, or 14B of the Illinois Identification Card Act;
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15. Has been convicted of violating Section 21‑2 of
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the Criminal Code of 1961 relating to criminal trespass to vehicles in which case, the suspension shall be for one year;
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16. Has been convicted of violating Section 11‑204
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of this Code relating to fleeing from a peace officer;
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17. Has refused to submit to a test, or tests, as
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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;
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18. Has, since issuance of a driver's license or
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permit, been adjudged to be afflicted with or suffering from any mental disability or disease;
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19. Has committed a violation of paragraph (a) or
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(b) of Section 6‑101 relating to driving without a driver's license;
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20. Has been convicted of violating Section 6‑104
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relating to classification of driver's license;
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21. Has been convicted of violating Section 11‑402
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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;
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22. Has used a motor vehicle in violating paragraph
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(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;
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23. Has, as a driver, been convicted of committing a
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violation of paragraph (a) of Section 11‑502 of this Code for a second or subsequent time within one year of a similar violation;
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24. Has been convicted by a court‑martial or
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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;
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25. Has permitted any form of identification to be
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used by another in the application process in order to obtain or attempt to obtain a license, identification card, or permit;
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26. Has altered or attempted to alter a license or
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has possessed an altered license, identification card, or permit;
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27. Has violated Section 6‑16 of the Liquor Control
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28. Has been convicted of the illegal possession,
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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;
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29. Has been convicted of the following offenses
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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;
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30. Has been convicted a second or subsequent time
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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;
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31. Has refused to submit to a test as required by
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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, or an intoxicating compound as listed in the Use of Intoxicating Compounds Act, in which case the penalty shall be as prescribed in Section 6‑208.1;
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32. Has been convicted of Section 24‑1.2 of the
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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;
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33. Has as a driver, who was less than 21 years of
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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;
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34. Has committed a violation of Section 11‑1301.5
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35. Has committed a violation of Section 11‑1301.6
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36. Is under the age of 21 years at the time of
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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;
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37. Has committed a violation of subsection (c) of
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Section 11‑907 of this Code;
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38. Has been convicted of a violation of Section
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6‑20 of the Liquor Control Act of 1934 or a similar provision of a local ordinance;
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39. Has committed a second or subsequent violation
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of Section 11‑1201 of this Code;
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40. Has committed a violation of subsection (a‑1) of
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Section 11‑908 of this Code;
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41. Has committed a second or subsequent violation of
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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; or
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42. Has committed a violation of subsection (a‑1) of
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Section 11‑1301.3 of this Code.
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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
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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.
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2. If the Secretary of State suspends the driver's
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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.
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The provisions of this subparagraph shall not apply
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to any driver required to possess a CDL for the purpose of operating a commercial motor vehicle.
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Any person who falsely states any fact in the
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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.
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3. At the conclusion of a hearing under Section
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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, 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 his employment related duties, or to allow transportation for the petitioner, or a household member of the petitioner's family, to receive necessary medical care and if the professional evaluation indicates, provide transportation for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution; if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and the petitioner will not endanger the public safety or welfare.
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If a person's license or permit has been revoked or
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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, 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.
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If a person's license or permit has been revoked or
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suspended 2 or more times within a 10 year period due to 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, and a statutory summary suspension under Section 11‑501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, 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. The person must pay to the Secretary of State DUI Administration Fund an amount not to exceed $20 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. If the restricted driving permit was issued for employment purposes, then this provision does not apply to the operation of an occupational vehicle owned or leased by that person's employer. 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 relating to the offense of operating or being in physical control of a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, 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.
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(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 or revoked under any provisions of this Code.
(Source: P.A. 93‑120, eff. 1‑1‑04; 93‑667, eff. 3‑19‑04; 93‑788, eff. 1‑1‑05; 93‑955, eff. 8‑19‑04; 94‑307, eff. 9‑30‑05; 94‑556, eff. 9‑11‑05; 94‑930, eff. 6‑26‑06.)
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(625 ILCS 5/6‑206.1) (from Ch. 95 1/2, par. 6‑206.1)
Sec. 6‑206.1. Judicial 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 and to remove problem drivers from
the highway, a statutory summary driver's license suspension is appropriate.
It is also recognized that driving is a privilege and therefore, that in some
cases the granting of limited driving privileges, where consistent with public
safety, is warranted during the period of suspension in the form of a judicial
driving permit to drive for the purpose of employment, receiving drug treatment
or medical care, and educational pursuits, where no alternative means of
transportation is available.
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 first offender as
defined in Section 11‑500 may petition the circuit court of venue for a
Judicial Driving Permit, hereinafter referred as a JDP, to relieve undue
hardship. The court may issue a court order, pursuant to the criteria
contained in this Section, directing the Secretary of State to issue such
a JDP to the petitioner. A JDP shall not become effective prior to the 31st
day of the original statutory summary suspension and shall always be
subject to the following criteria:
1. If ordered for the purposes of employment, the
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JDP shall be only for the purpose of providing the petitioner the privilege of driving a motor vehicle between the petitioner's residence and the petitioner's place of employment and return; or within the scope of the petitioner's employment related duties, shall be effective only during and limited to those specific times and routes actually required to commute or perform the petitioner's employment related duties.
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2. The court, by a court order, may also direct the
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Secretary of State to issue a JDP to allow transportation for the petitioner, or a household member of the petitioner's family, to receive alcohol, drug, or intoxicating compound treatment or medical care, if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available. Such JDP shall be effective only during the specific times actually required to commute.
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3. The court, by a court order, may also direct the
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Secretary of State to issue a JDP to allow transportation by the petitioner for educational purposes upon demonstrating that there are no alternative means of transportation reasonably available to accomplish those educational purposes. Such JDP shall be only for the purpose of providing transportation to and from the petitioner's residence and the petitioner's place of educational activity, and only during the specific times and routes actually required to commute or perform the petitioner's educational requirement.
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4. The Court shall not issue an order granting a JDP
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(i) Any person unless and until the court, after
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considering the results of a current professional evaluation of the person's alcohol or other drug use by an agency pursuant to Section 15‑10 of the Alcoholism and Other Drug Abuse and Dependency Act and other appropriate investigation of the person, is satisfied that granting the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare.
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(ii) Any person who has been convicted of
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reckless homicide within the previous 5 years.
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(iii) Any person whose privilege to operate a
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motor vehicle was invalid at the time of arrest for the current violation of Section 11‑501, or a similar provision of a local ordinance, except in cases where the cause for a driver's license suspension has been removed at the time a JDP is effective. In any case, should the Secretary of State enter a suspension or revocation of driving privileges pursuant to the provisions of this Code while the JDP is in effect or pending, the Secretary shall take the prescribed action and provide a notice to the person and the court ordering the issuance of the JDP that all driving privileges, including those provided by the issuance of the JDP, have been withdrawn.
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(iv) Any person under the age of 18 years.
(v) Any person for the operation of a commercial
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motor vehicle if the person's driving privileges have been suspended under any provision of this Code in accordance with 49 C.F.R. Part 384.
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(b) Prior to ordering the issuance of a JDP the Court should consider at
least, but not be limited to, the following issues:
1. Whether the person is employed and no other means
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of commuting to the place of employment is available or that the person must drive as a condition of employment. The employer shall certify the hours of employment and the need and parameters necessary for driving as a condition to employment.
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2. Whether the person must drive to secure alcohol
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or other medical treatment for himself or a family member.
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3. Whether the person must drive for educational
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purposes. The educational institution shall certify the person's enrollment in and academic schedule at the institution.
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4. Whether the person has been repeatedly convicted
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of traffic violations or involved in motor vehicle accidents to a degree which indicates disrespect for public safety.
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5. Whether the person has been convicted of a
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traffic violation in connection with a traffic accident resulting in the death of any person within the last 5 years.
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6. Whether the person is likely to obey the limited
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7. Whether the person has any additional traffic
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violations pending in any court.
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For purposes of this Section, programs conducting professional
evaluations of a person's alcohol, other drug, or intoxicating
compound use must report, to the
court of venue, using a form prescribed by the Secretary of State. A copy
of such evaluations shall be sent to the Secretary of State by the court.
However, the evaluation information shall be privileged and only available
to courts and to the Secretary of State, but shall not be admissible in the
subsequent trial on the underlying charge.
(c) The scope of any court order issued for a JDP under this Section
shall be limited to
the operation of a motor vehicle as provided for in subsection (a) of
this Section and shall specify the petitioner's residence, place of
employment or location of educational institution, and the scope of job
related duties, if relevant. The JDP shall also specify days of the week
and specific hours
of the day when the petitioner is able to exercise the limited privilege of
operating a motor vehicle.
(c‑1) If the petitioner is issued a citation for a violation of Section 6‑303 during the period of a statutory summary suspension entered under Section 11‑501.1 of this Code, or if the petitioner is charged with a violation of Section 11‑501 or a similar provision of a local ordinance or a similar out of state offense which occurs after the current violation of Section 11‑501 or a similar provision of a local ordinance, the court may not grant the petitioner a JDP unless the petitioner is acquitted or the citation or complaint is otherwise dismissed.
If the petitioner is issued a citation for a violation of Section 6‑303 or a violation of Section 11‑501 or a similar provision of a local ordinance or a similar out of state offense during the term of the JDP, the officer issuing the citation, or the law enforcement agency employing that officer, shall confiscate the JDP and immediately send the JDP and notice of the citation to the court that ordered the issuance of the JDP. Within 10 days of receipt, the issuing court, upon notice to the petitioner, shall conduct a hearing to consider cancellation of the JDP. If the court enters an order of cancellation, the court shall forward the order to the Secretary of State, and the Secretary shall cancel the JDP and notify the petitioner of the cancellation. If, however, the petitioner is convicted of the offense before the JDP has been cancelled, the court of venue shall send notice of conviction to the court that ordered issuance of the JDP. The court receiving the notice shall immediately enter an order of cancellation and forward the order to the Secretary of State. The Secretary shall cancel the JDP and notify the petitioner of the cancellation.
If the petitioner is issued a citation for any other traffic related offense during the term of the JDP, the officer issuing the citation, or the law enforcement agency employing that officer, shall send notice of the citation to the court that ordered issuance of the JDP. Upon receipt and notice to the petitioner and an opportunity for a hearing, the court shall determine whether the violation constitutes grounds for cancellation of the JDP. If the court enters an order of cancellation, the court shall forward the order to the Secretary of State, and the Secretary shall cancel the JDP and shall notify the petitioner of the cancellation.
(d) The Secretary of State shall, upon receiving a court order
from the court of venue, issue a JDP to a successful Petitioner under this
Section. Such court order form shall also contain a notification, which
shall be sent to the Secretary of State, providing the name, driver's
license number and legal address of the successful petitioner, and the full
and detailed description of the limitations of the JDP. This information
shall be available only to the courts, police officers, and the Secretary
of State, except during the actual period the JDP is valid, during which
time it shall be a public record. The Secretary of State shall design and
furnish to the courts an official court order form to be used by the courts
when directing the Secretary of State to issue a JDP.
Any submitted court order that contains insufficient data or fails to
comply with this Code shall not be utilized for JDP issuance or entered to
the driver record but shall be returned to the issuing court indicating why
the JDP cannot be so entered. A notice of this action shall also be sent
to the JDP petitioner by the Secretary of State.
(e) The circuit court of venue may conduct the judicial hearing, as
provided in Section 2‑118.1, and the JDP hearing provided in this Section,
concurrently. Such concurrent hearing shall proceed in the court in the
same manner as in other civil proceedings.
(f) The circuit court of venue may, as a condition of the issuance of
a JDP, prohibit the person from operating a motor vehicle not equipped with an
ignition interlock device.
(Source: P.A. 94‑307, eff. 9‑30‑05; 94‑357, eff. 1‑1‑06; 94‑930, eff. 6‑26‑06.)
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(625 ILCS 5/6‑208) (from Ch. 95 1/2, par. 6‑208)
(Text of Section from P.A. 93‑712)
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 subsection (d) of Section 6‑205, make
application for a license pursuant to Section 6‑106 (i) if the revocation
was
for a cause which has been removed or (ii) as provided in the following
subparagraphs:
1. Except as provided in subparagraphs 2, 3, and 4, |
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the person may make application for a license after the expiration of one year from the effective date of the revocation or, 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, 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, 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.
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2. If such person is convicted of committing a
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second violation within a 20 year period of:
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(A) Section 11‑501 of this Code, or a similar
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provision of a local ordinance; or
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(B) Paragraph (b) of Section 11‑401 of this
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Code, or a similar provision of a local ordinance; or
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(C) Section 9‑3 of the Criminal Code of 1961, as
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amended, relating to the offense of reckless homicide; or
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(D) any combination of the above offenses
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committed at different instances;
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then such person may not make application for a license
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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.
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3. However, except as provided in subparagraph 4, if
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such person is convicted of committing a third, or subsequent, violation or any combination of the above offenses, including similar out‑of‑state offenses, 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.
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4. The person may not make application for a license
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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 or similar provisions of local ordinances or similar out‑of‑state offenses.
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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. 92‑343, eff. 1‑1‑02; 92‑418, eff. 8‑17‑01; 92‑458, eff. 8‑22‑01; 92‑651, eff. 7‑11‑02; 93‑712, eff. 1‑1‑05.)
(Text of Section from P.A. 93‑788)
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 subsection (d) of Section 6‑205, make
application for a license pursuant to Section 6‑106 (i) if the revocation
was
for a cause which has been removed or (ii) as provided in the following
subparagraphs:
1. Except as provided in subparagraphs 2, 3, and 4,
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the person may make application for a license after the expiration of one year from the effective date of the revocation or, 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, in the case of a violation of Section 9‑3 of the Criminal Code of 1961 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.
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2. If such person is convicted of committing a
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second violation within a 20 year period of:
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(A) Section 11‑501 of this Code, or a similar
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provision of a local ordinance; or
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(B) Paragraph (b) of Section 11‑401 of this
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Code, or a similar provision of a local ordinance; or
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(C) Section 9‑3 of the Criminal Code of 1961, as
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amended, relating to the offense of reckless homicide; or
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(D) any combination of the above offenses
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committed at different instances;
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then such person may not make application for a license
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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.
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3. However, except as provided in subparagraph 4, if
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such person is convicted of committing a third, or subsequent, violation or any combination of the above offenses, including similar out‑of‑state offenses, 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.
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4. The person may not make application for a license
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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 or similar provisions of local ordinances or similar out‑of‑state offenses.
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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) If a person prohibited under paragraph (2) or paragraph (3) of
subsection (c‑4) of Section 11‑501 from
driving any vehicle not equipped with an ignition interlock device nevertheless
is convicted of driving a vehicle that is not equipped with the device,
that person is prohibited from driving any vehicle not equipped with an
ignition interlock device for an additional period of time equal to the initial
time period that the person was required to use an ignition interlock device.
(Source: P.A. 92‑343, eff. 1‑1‑02; 92‑418, eff. 8‑17‑01; 92‑458, eff. 8‑22‑01; 92‑651, eff. 7‑11‑02; 93‑788, eff. 1‑1‑05.)
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