Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1514 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1514 Introduced 2/7/2023, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103 625 ILCS 5/6-105.1625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-107.1625 ILCS 5/6-110.2 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 625 ILCS 5/6-117.1625 ILCS 5/6-206 Amends the Illinois Vehicle Code. Provides that applicants for a non-commercial driver's license or learner's permit or a renewal thereof shall not be required to prove that they are lawfully present in the United States. Provides that application forms for non-commercial drivers' licenses and learners' permits which do not meet federal standards for identification or for renewal thereof shall not include documents used to prove age or identity, an applicant's ineligibility for a social security number, or an applicant's citizenship or immigration status. Restricts the Secretary of State and any agent or employee of the Secretary from retaining documents or copies of documents presented by applicants for non-commercial drivers' licenses or learners' permits. Provides that the Secretary shall provide a separate space on the application for a driver's license, permit, or renewal thereof so that any person who is at least 18 years of age but less than 26 years of age who applies to the Secretary for such permit, license, or card or renewal thereof may opt to register with the selective service, and consent to have the Secretary forward the necessary personal information. Makes other and conforming changes. LRB103 28930 MXP 55316 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1514 Introduced 2/7/2023, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103 625 ILCS 5/6-105.1625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-107.1625 ILCS 5/6-110.2 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 625 ILCS 5/6-117.1625 ILCS 5/6-206 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103 625 ILCS 5/6-105.1 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-107.1 625 ILCS 5/6-110.2 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 625 ILCS 5/6-117.1 625 ILCS 5/6-206 Amends the Illinois Vehicle Code. Provides that applicants for a non-commercial driver's license or learner's permit or a renewal thereof shall not be required to prove that they are lawfully present in the United States. Provides that application forms for non-commercial drivers' licenses and learners' permits which do not meet federal standards for identification or for renewal thereof shall not include documents used to prove age or identity, an applicant's ineligibility for a social security number, or an applicant's citizenship or immigration status. Restricts the Secretary of State and any agent or employee of the Secretary from retaining documents or copies of documents presented by applicants for non-commercial drivers' licenses or learners' permits. Provides that the Secretary shall provide a separate space on the application for a driver's license, permit, or renewal thereof so that any person who is at least 18 years of age but less than 26 years of age who applies to the Secretary for such permit, license, or card or renewal thereof may opt to register with the selective service, and consent to have the Secretary forward the necessary personal information. Makes other and conforming changes. LRB103 28930 MXP 55316 b LRB103 28930 MXP 55316 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1514 Introduced 2/7/2023, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
33 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103 625 ILCS 5/6-105.1625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-107.1625 ILCS 5/6-110.2 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 625 ILCS 5/6-117.1625 ILCS 5/6-206 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103 625 ILCS 5/6-105.1 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-107.1 625 ILCS 5/6-110.2 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 625 ILCS 5/6-117.1 625 ILCS 5/6-206
44 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101
55 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
66 625 ILCS 5/6-105.1
77 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
88 625 ILCS 5/6-107.1
99 625 ILCS 5/6-110.2
1010 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117
1111 625 ILCS 5/6-117.1
1212 625 ILCS 5/6-206
1313 Amends the Illinois Vehicle Code. Provides that applicants for a non-commercial driver's license or learner's permit or a renewal thereof shall not be required to prove that they are lawfully present in the United States. Provides that application forms for non-commercial drivers' licenses and learners' permits which do not meet federal standards for identification or for renewal thereof shall not include documents used to prove age or identity, an applicant's ineligibility for a social security number, or an applicant's citizenship or immigration status. Restricts the Secretary of State and any agent or employee of the Secretary from retaining documents or copies of documents presented by applicants for non-commercial drivers' licenses or learners' permits. Provides that the Secretary shall provide a separate space on the application for a driver's license, permit, or renewal thereof so that any person who is at least 18 years of age but less than 26 years of age who applies to the Secretary for such permit, license, or card or renewal thereof may opt to register with the selective service, and consent to have the Secretary forward the necessary personal information. Makes other and conforming changes.
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1919 1 AN ACT concerning transportation.
2020 2 Be it enacted by the People of the State of Illinois,
2121 3 represented in the General Assembly:
2222 4 Section 5. The Illinois Vehicle Code is amended by
2323 5 changing Sections 6-101, 6-103, 6-105.1, 6-106, 6-107.1,
2424 6 6-110.2, 6-117, 6-117.1, and 6-206 as follows:
2525 7 (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
2626 8 (Text of Section before amendment by P.A. 102-982)
2727 9 Sec. 6-101. Drivers must have licenses or permits.
2828 10 (a) No person, except those expressly exempted by Section
2929 11 6-102, shall drive any motor vehicle upon a highway in this
3030 12 State unless such person has a valid license or permit, or a
3131 13 restricted driving permit, issued under the provisions of this
3232 14 Act.
3333 15 (b) No person shall drive a motor vehicle unless he holds a
3434 16 valid license or permit, or a restricted driving permit issued
3535 17 under the provisions of Section 6-205, 6-206, or 6-113 of this
3636 18 Act. Any person to whom a license is issued under the
3737 19 provisions of this Act must surrender to the Secretary of
3838 20 State all valid licenses or permits, except that an applicant
3939 21 for a non-domiciled commercial learner's permit or commercial
4040 22 driver's license shall not be required to surrender a license
4141 23 or permit issued by the applicant's state or country of
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4545 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1514 Introduced 2/7/2023, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
4646 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103 625 ILCS 5/6-105.1625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-107.1625 ILCS 5/6-110.2 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 625 ILCS 5/6-117.1625 ILCS 5/6-206 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103 625 ILCS 5/6-105.1 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 625 ILCS 5/6-107.1 625 ILCS 5/6-110.2 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 625 ILCS 5/6-117.1 625 ILCS 5/6-206
4747 625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101
4848 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
4949 625 ILCS 5/6-105.1
5050 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
5151 625 ILCS 5/6-107.1
5252 625 ILCS 5/6-110.2
5353 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117
5454 625 ILCS 5/6-117.1
5555 625 ILCS 5/6-206
5656 Amends the Illinois Vehicle Code. Provides that applicants for a non-commercial driver's license or learner's permit or a renewal thereof shall not be required to prove that they are lawfully present in the United States. Provides that application forms for non-commercial drivers' licenses and learners' permits which do not meet federal standards for identification or for renewal thereof shall not include documents used to prove age or identity, an applicant's ineligibility for a social security number, or an applicant's citizenship or immigration status. Restricts the Secretary of State and any agent or employee of the Secretary from retaining documents or copies of documents presented by applicants for non-commercial drivers' licenses or learners' permits. Provides that the Secretary shall provide a separate space on the application for a driver's license, permit, or renewal thereof so that any person who is at least 18 years of age but less than 26 years of age who applies to the Secretary for such permit, license, or card or renewal thereof may opt to register with the selective service, and consent to have the Secretary forward the necessary personal information. Makes other and conforming changes.
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6767 625 ILCS 5/6-105.1
6868 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106
6969 625 ILCS 5/6-107.1
7070 625 ILCS 5/6-110.2
7171 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117
7272 625 ILCS 5/6-117.1
7373 625 ILCS 5/6-206
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9292 1 domicile. No drivers license or instruction permit shall be
9393 2 issued to any person who holds a valid Foreign State license,
9494 3 identification card, or permit unless such person first
9595 4 surrenders to the Secretary of State any such valid Foreign
9696 5 State license, identification card, or permit.
9797 6 (b-5) Any person who commits a violation of subsection (a)
9898 7 or (b) of this Section is guilty of a Class A misdemeanor, if
9999 8 at the time of the violation the person's driver's license or
100100 9 permit was cancelled under clause (a)9 of Section 6-201 of
101101 10 this Code.
102102 11 (c) Any person licensed as a driver hereunder shall not be
103103 12 required by any city, village, incorporated town or other
104104 13 municipal corporation to obtain any other license to exercise
105105 14 the privilege thereby granted.
106106 15 (d) In addition to other penalties imposed under this
107107 16 Section, any person in violation of this Section who is also in
108108 17 violation of Section 7-601 of this Code relating to mandatory
109109 18 insurance requirements shall have his or her motor vehicle
110110 19 immediately impounded by the arresting law enforcement
111111 20 officer. The motor vehicle may be released to any licensed
112112 21 driver upon a showing of proof of insurance for the motor
113113 22 vehicle that was impounded and the notarized written consent
114114 23 for the release by the vehicle owner.
115115 24 (e) In addition to other penalties imposed under this
116116 25 Section, the vehicle of any person in violation of this
117117 26 Section who is also in violation of Section 7-601 of this Code
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128128 1 relating to mandatory insurance requirements and who, in
129129 2 violating this Section, has caused death or personal injury to
130130 3 another person is subject to forfeiture under Sections 36-1
131131 4 and 36-2 of the Criminal Code of 2012. For the purposes of this
132132 5 Section, a personal injury shall include any type A injury as
133133 6 indicated on the traffic accident report completed by a law
134134 7 enforcement officer that requires immediate professional
135135 8 attention in either a doctor's office or a medical facility. A
136136 9 type A injury shall include severely bleeding wounds,
137137 10 distorted extremities, and injuries that require the injured
138138 11 party to be carried from the scene.
139139 12 (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13;
140140 13 98-176 (see Section 10 of P.A. 98-722 and Section 10 of P.A.
141141 14 99-414 for the effective date of changes made by P.A.
142142 15 98-176).)
143143 16 (Text of Section after amendment by P.A. 102-982)
144144 17 Sec. 6-101. Drivers must have licenses or permits.
145145 18 (a) No person, except those expressly exempted by Section
146146 19 6-102, shall drive any motor vehicle upon a highway in this
147147 20 State unless such person has a valid license or permit, or a
148148 21 restricted driving permit, issued under the provisions of this
149149 22 Act.
150150 23 (b) No person shall drive a motor vehicle unless he holds a
151151 24 valid license or permit, or a restricted driving permit issued
152152 25 under the provisions of Section 6-205, 6-206, or 6-113 of this
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163163 1 Act. Any person to whom a license is issued under the
164164 2 provisions of this Act must surrender to the Secretary of
165165 3 State all valid licenses or permits, except that an applicant
166166 4 for a non-domiciled commercial learner's permit or commercial
167167 5 driver's license shall not be required to surrender a license
168168 6 or permit issued by the applicant's state or country of
169169 7 domicile. No drivers license or instruction permit shall be
170170 8 issued to any person who holds a valid Foreign State license,
171171 9 identification card, or permit unless such person first
172172 10 surrenders to the Secretary of State any such valid Foreign
173173 11 State license, identification card, or permit.
174174 12 (b-5) Any person who commits a violation of subsection (a)
175175 13 or (b) of this Section is guilty of a Class A misdemeanor, if
176176 14 at the time of the violation the person's driver's license or
177177 15 permit was cancelled under clause (a)9 of Section 6-201 of
178178 16 this Code.
179179 17 (c) Any person licensed as a driver hereunder shall not be
180180 18 required by any city, village, incorporated town or other
181181 19 municipal corporation to obtain any other license to exercise
182182 20 the privilege thereby granted.
183183 21 (d) In addition to other penalties imposed under this
184184 22 Section, any person in violation of this Section who is also in
185185 23 violation of Section 7-601 of this Code relating to mandatory
186186 24 insurance requirements shall have his or her motor vehicle
187187 25 immediately impounded by the arresting law enforcement
188188 26 officer. The motor vehicle may be released to any licensed
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199199 1 driver upon a showing of proof of insurance for the motor
200200 2 vehicle that was impounded and the notarized written consent
201201 3 for the release by the vehicle owner.
202202 4 (e) In addition to other penalties imposed under this
203203 5 Section, the vehicle of any person in violation of this
204204 6 Section who is also in violation of Section 7-601 of this Code
205205 7 relating to mandatory insurance requirements and who, in
206206 8 violating this Section, has caused death or personal injury to
207207 9 another person is subject to forfeiture under Sections 36-1
208208 10 and 36-2 of the Criminal Code of 2012. For the purposes of this
209209 11 Section, a personal injury shall include any type A injury as
210210 12 indicated on the traffic crash report completed by a law
211211 13 enforcement officer that requires immediate professional
212212 14 attention in either a doctor's office or a medical facility. A
213213 15 type A injury shall include severely bleeding wounds,
214214 16 distorted extremities, and injuries that require the injured
215215 17 party to be carried from the scene.
216216 18 (Source: P.A. 102-982, eff. 7-1-23.)
217217 19 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
218218 20 Sec. 6-103. What persons shall not be licensed as drivers
219219 21 or granted permits. The Secretary of State shall not issue,
220220 22 renew, or allow the retention of any driver's license nor
221221 23 issue any permit under this Code:
222222 24 1. To any person, as a driver, who is under the age of
223223 25 16 18 years except as provided in Section 6-107, and
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234234 1 except that an instruction permit may be issued under
235235 2 Section 6-107.1 to a child who is not less than 15 years of
236236 3 age if the child is enrolled in an approved driver
237237 4 education course as defined in Section 1-103 of this Code
238238 5 and requires an instruction permit to participate therein,
239239 6 except that an instruction permit may be issued under the
240240 7 provisions of Section 6-107.1 to a child who is 17 years
241241 8 and 3 months of age without the child having enrolled in an
242242 9 approved driver education course and except that an
243243 10 instruction permit may be issued to a child who is at least
244244 11 15 years and 3 months of age, is enrolled in school, meets
245245 12 the educational requirements of the Driver Education Act,
246246 13 and has passed examinations the Secretary of State in his
247247 14 or her discretion may prescribe;
248248 15 1.5. To any person at least 16 18 years of age but less
249249 16 than 21 years of age unless the person has, in addition to
250250 17 any other requirements of this Code, successfully
251251 18 completed an adult driver education course as provided in
252252 19 Section 6-107.5 of this Code;
253253 20 2. To any person who is under the age of 18 as an
254254 21 operator of a motorcycle other than a motor driven cycle
255255 22 unless the person has, in addition to meeting the
256256 23 provisions of Section 6-107 of this Code, successfully
257257 24 completed a motorcycle training course approved by the
258258 25 Illinois Department of Transportation and successfully
259259 26 completes the required Secretary of State's motorcycle
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270270 1 driver's examination;
271271 2 3. To any person, as a driver, whose driver's license
272272 3 or permit has been suspended, during the suspension, nor
273273 4 to any person whose driver's license or permit has been
274274 5 revoked, except as provided in Sections 6-205, 6-206, and
275275 6 6-208;
276276 7 4. To any person, as a driver, who is a user of alcohol
277277 8 or any other drug to a degree that renders the person
278278 9 incapable of safely driving a motor vehicle;
279279 10 5. To any person, as a driver, who has previously been
280280 11 adjudged to be afflicted with or suffering from any mental
281281 12 or physical disability or disease and who has not at the
282282 13 time of application been restored to competency by the
283283 14 methods provided by law;
284284 15 6. To any person, as a driver, who is required by the
285285 16 Secretary of State to submit an alcohol and drug
286286 17 evaluation or take an examination provided for in this
287287 18 Code unless the person has successfully passed the
288288 19 examination and submitted any required evaluation;
289289 20 7. To any person who is required under the provisions
290290 21 of the laws of this State to deposit security or proof of
291291 22 financial responsibility and who has not deposited the
292292 23 security or proof;
293293 24 8. To any person when the Secretary of State has good
294294 25 cause to believe that the person by reason of physical or
295295 26 mental disability would not be able to safely operate a
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306306 1 motor vehicle upon the highways, unless the person shall
307307 2 furnish to the Secretary of State a verified written
308308 3 statement, acceptable to the Secretary of State, from a
309309 4 competent medical specialist, a licensed physician
310310 5 assistant, or a licensed advanced practice registered
311311 6 nurse, to the effect that the operation of a motor vehicle
312312 7 by the person would not be inimical to the public safety;
313313 8 9. To any person, as a driver, who is 69 years of age
314314 9 or older, unless the person has successfully complied with
315315 10 the provisions of Section 6-109;
316316 11 10. To any person convicted, within 12 months of
317317 12 application for a license, of any of the sexual offenses
318318 13 enumerated in paragraph 2 of subsection (b) of Section
319319 14 6-205;
320320 15 11. To any person who is under the age of 21 years with
321321 16 a classification prohibited in paragraph (b) of Section
322322 17 6-104 and to any person who is under the age of 18 years
323323 18 with a classification prohibited in paragraph (c) of
324324 19 Section 6-104;
325325 20 12. To any person who has been either convicted of or
326326 21 adjudicated under the Juvenile Court Act of 1987 based
327327 22 upon a violation of the Cannabis Control Act, the Illinois
328328 23 Controlled Substances Act, or the Methamphetamine Control
329329 24 and Community Protection Act while that person was in
330330 25 actual physical control of a motor vehicle. For purposes
331331 26 of this Section, any person placed on probation under
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342342 1 Section 10 of the Cannabis Control Act, Section 410 of the
343343 2 Illinois Controlled Substances Act, or Section 70 of the
344344 3 Methamphetamine Control and Community Protection Act shall
345345 4 not be considered convicted. Any person found guilty of
346346 5 this offense, while in actual physical control of a motor
347347 6 vehicle, shall have an entry made in the court record by
348348 7 the judge that this offense did occur while the person was
349349 8 in actual physical control of a motor vehicle and order
350350 9 the clerk of the court to report the violation to the
351351 10 Secretary of State as such. The Secretary of State shall
352352 11 not issue a new license or permit for a period of one year;
353353 12 13. To any person who is under the age of 18 years and
354354 13 who has committed the offense of operating a motor vehicle
355355 14 without a valid license or permit in violation of Section
356356 15 6-101 or a similar out of state offense;
357357 16 14. To any person who is 90 days or more delinquent in
358358 17 court ordered child support payments or has been
359359 18 adjudicated in arrears in an amount equal to 90 days'
360360 19 obligation or more and who has been found in contempt of
361361 20 court for failure to pay the support, subject to the
362362 21 requirements and procedures of Article VII of Chapter 7 of
363363 22 the Illinois Vehicle Code;
364364 23 14.5. To any person certified by the Illinois
365365 24 Department of Healthcare and Family Services as being 90
366366 25 days or more delinquent in payment of support under an
367367 26 order of support entered by a court or administrative body
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378378 1 of this or any other State, subject to the requirements
379379 2 and procedures of Article VII of Chapter 7 of this Code
380380 3 regarding those certifications;
381381 4 15. To any person released from a term of imprisonment
382382 5 for violating Section 9-3 of the Criminal Code of 1961 or
383383 6 the Criminal Code of 2012, or a similar provision of a law
384384 7 of another state relating to reckless homicide or for
385385 8 violating subparagraph (F) of paragraph (1) of subsection
386386 9 (d) of Section 11-501 of this Code relating to aggravated
387387 10 driving under the influence of alcohol, other drug or
388388 11 drugs, intoxicating compound or compounds, or any
389389 12 combination thereof, if the violation was the proximate
390390 13 cause of a death, within 24 months of release from a term
391391 14 of imprisonment;
392392 15 16. To any person who, with intent to influence any
393393 16 act related to the issuance of any driver's license or
394394 17 permit, by an employee of the Secretary of State's Office,
395395 18 or the owner or employee of any commercial driver training
396396 19 school licensed by the Secretary of State, or any other
397397 20 individual authorized by the laws of this State to give
398398 21 driving instructions or administer all or part of a
399399 22 driver's license examination, promises or tenders to that
400400 23 person any property or personal advantage which that
401401 24 person is not authorized by law to accept. Any persons
402402 25 promising or tendering such property or personal advantage
403403 26 shall be disqualified from holding any class of driver's
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414414 1 license or permit for 120 consecutive days. The Secretary
415415 2 of State shall establish by rule the procedures for
416416 3 implementing this period of disqualification and the
417417 4 procedures by which persons so disqualified may obtain
418418 5 administrative review of the decision to disqualify;
419419 6 17. To any person for whom the Secretary of State
420420 7 cannot verify the accuracy of any information or
421421 8 documentation submitted in application for a driver's
422422 9 license;
423423 10 18. To any person who has been adjudicated under the
424424 11 Juvenile Court Act of 1987 based upon an offense that is
425425 12 determined by the court to have been committed in
426426 13 furtherance of the criminal activities of an organized
427427 14 gang, as provided in Section 5-710 of that Act, and that
428428 15 involved the operation or use of a motor vehicle or the use
429429 16 of a driver's license or permit. The person shall be
430430 17 denied a license or permit for the period determined by
431431 18 the court; or
432432 19 19. To any person who holds a REAL ID compliant
433433 20 identification card or REAL ID compliant Person with a
434434 21 Disability Identification Card issued under the Illinois
435435 22 Identification Card Act. Any such person may, at his or
436436 23 her discretion, surrender the REAL ID compliant
437437 24 identification card or REAL ID compliant Person with a
438438 25 Disability Identification Card in order to become eligible
439439 26 to obtain a REAL ID compliant driver's license.
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450450 1 The Secretary of State shall retain all conviction
451451 2 information, if the information is required to be held
452452 3 confidential under the Juvenile Court Act of 1987.
453453 4 (Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17;
454454 5 100-248, eff. 8-22-17; 100-513, eff. 1-1-18; 100-863, eff.
455455 6 8-14-18.)
456456 7 (625 ILCS 5/6-105.1)
457457 8 Sec. 6-105.1. Non-commercial drivers' licenses and
458458 9 learners' permits which do not meet federal standards for
459459 10 identification Temporary visitor's driver's license.
460460 11 (a) Applicants for a non-commercial driver's license or
461461 12 learner's permit or a renewal thereof shall not be required to
462462 13 prove that they are lawfully present in the United States. The
463463 14 Secretary of State may issue a temporary visitor's driver's
464464 15 license to a foreign national who (i) resides in this State,
465465 16 (ii) is ineligible to obtain a social security number, and
466466 17 (iii) presents to the Secretary documentation, issued by
467467 18 United States Citizenship and Immigration Services,
468468 19 authorizing the person's presence in this country.
469469 20 (a-5) Application forms for non-commercial drivers'
470470 21 licenses and learners' permits which do not meet federal
471471 22 standards for identification or for renewal thereof shall not
472472 23 state (i) the documents an applicant used to prove age or
473473 24 identity, (ii) an applicant's ineligibility for a social
474474 25 security number where applicable, or (iii) an applicant's
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485485 1 citizenship or immigration status. The Secretary of State may
486486 2 issue a temporary visitor's driver's license to an applicant
487487 3 who (i) has resided in this State for a period in excess of one
488488 4 year, (ii) is ineligible to obtain a social security number,
489489 5 and (iii) is unable to present documentation issued by the
490490 6 United States Citizenship and Immigration Services authorizing
491491 7 the person's presence in this country. The applicant shall
492492 8 submit a valid unexpired passport from the applicant's country
493493 9 of citizenship or a valid unexpired consular identification
494494 10 document issued by a consulate of that country as defined in
495495 11 Section 5 of the Consular Identification Document Act (5 ILCS
496496 12 230/5).
497497 13 (a-10) Applicants for a temporary visitor's driver's
498498 14 license who are under 18 years of age at the time of
499499 15 application shall be subject to the provisions of Sections
500500 16 6-107 and 6-108 of this Code.
501501 17 (b) The Secretary and any agent or employee of the
502502 18 Secretary shall not retain the documents or copies of
503503 19 documents presented by applicants for non-commercial drivers'
504504 20 licenses or learners' permits which do not meet federal
505505 21 standards for identification to prove age or identity except
506506 22 for a limited period necessary to ensure the validity and
507507 23 authenticity of such documents. A temporary visitor's driver's
508508 24 license issued under subsection (a) is valid for 3 years, or
509509 25 for the period of time the individual is authorized to remain
510510 26 in this country, whichever ends sooner. A temporary visitor's
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521521 1 driver's license issued under subsection (a-5) shall be valid
522522 2 for a period of 3 years.
523523 3 (b-5) A non-commercial driver's license or learner's
524524 4 permit which does not meet federal standards for
525525 5 identification shall not be used as evidence of a person's
526526 6 citizenship or immigration status, and shall not be the basis
527527 7 for investigating, arresting, or detaining a person. Neither
528528 8 the Secretary nor any agent or employee of the Secretary shall
529529 9 inquire about the citizenship or immigration status of any
530530 10 applicant for a non-commercial driver's license or learner's
531531 11 permit which does not meet federal standards for
532532 12 identification. A temporary visitor's driver's license issued
533533 13 under this Section may not be accepted for proof of the
534534 14 holder's identity. A temporary visitor's driver's license
535535 15 issued under this Section shall contain a notice on its face,
536536 16 in capitalized letters, stating that the temporary visitor's
537537 17 driver's license may not be accepted for proof of identity.
538538 18 (c) The Secretary shall adopt rules for implementing this
539539 19 Section, including that non-commercial drivers' licenses and
540540 20 learners' permits which do not meet federal standards for
541541 21 identification shall be issued in such form as the Secretary
542542 22 shall determine, as long as such licenses and permits shall be
543543 23 visually identical to non-commercial drivers' licenses and
544544 24 learners' permits which do meet federal standards for
545545 25 identification except that such licenses and permits may state
546546 26 "not for federal purposes". However, the Secretary may adopt
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557557 1 rules providing for additional design or color indicators for
558558 2 both such non-commercial drivers' licenses and learners'
559559 3 permits if required to comply with federal law. rules:
560560 4 (1) regarding the design and content of the temporary
561561 5 visitor's driver's license;
562562 6 (2) establishing criteria for proof of identification
563563 7 and residency of an individual applying under subsection
564564 8 (a-5);
565565 9 (3) designating acceptable evidence that an applicant
566566 10 is not eligible for a social security number; and
567567 11 (4) regarding the issuance of temporary visitor's
568568 12 instruction permits.
569569 13 (d) Any person to whom the Secretary of State may issue a
570570 14 temporary visitor's driver's license shall be subject to any
571571 15 and all provisions of this Code and any and all implementing
572572 16 regulations issued by the Secretary of State to the same
573573 17 extent as any person issued a driver's license, unless
574574 18 otherwise provided in this Code or by administrative rule,
575575 19 including but not limited to the examination requirements in
576576 20 Section 6-109 as well as the mandatory insurance requirements
577577 21 and penalties set forth in Article VI of Chapter 7 of this
578578 22 Code.
579579 23 (d-5) A temporary visitor's driver's license is invalid if
580580 24 the holder is unable to provide proof of liability insurance
581581 25 as required by Section 7-601 of this Code upon the request of a
582582 26 law enforcement officer, in which case the holder commits a
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593593 1 violation of Section 6-101 of this Code.
594594 2 (e) (Blank). Temporary visitor's driver's licenses shall
595595 3 be issued from a central location after the Secretary of State
596596 4 has verified the information provided by the applicant.
597597 5 (f) There is created in the State treasury a special fund
598598 6 to be known as the Driver Services Administration Fund. All
599599 7 fees collected for the issuance of temporary visitor's
600600 8 driver's licenses shall be deposited into the Fund. These
601601 9 funds shall, subject to appropriation, be used by the Office
602602 10 of the Secretary of State for costs related to the issuance of
603603 11 temporary visitor's driver's licenses, and other operational
604604 12 costs, including personnel, facilities, computer programming,
605605 13 and data transmission.
606606 14 (Source: P.A. 97-1157, eff. 11-28-13.)
607607 15 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
608608 16 Sec. 6-106. Application for license or instruction permit.
609609 17 (a) Every application for any permit or license authorized
610610 18 to be issued under this Code shall be made upon a form
611611 19 furnished by the Secretary of State. Every application shall
612612 20 be accompanied by the proper fee and payment of such fee shall
613613 21 entitle the applicant to not more than 3 attempts to pass the
614614 22 examination within a period of one year after the date of
615615 23 application.
616616 24 (b) Every application shall state the legal name, social
617617 25 security number, zip code, date of birth, sex, and residence
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628628 1 address of the applicant; briefly describe the applicant;
629629 2 state whether the applicant has theretofore been licensed as a
630630 3 driver, and, if so, when and by what state or country, and
631631 4 whether any such license has ever been cancelled, suspended,
632632 5 revoked or refused, and, if so, the date and reason for such
633633 6 cancellation, suspension, revocation or refusal; shall include
634634 7 an affirmation by the applicant that all information set forth
635635 8 is true and correct; and shall bear the applicant's signature.
636636 9 In addition to the residence address, the Secretary may allow
637637 10 the applicant to provide a mailing address. In the case of an
638638 11 applicant who is a judicial officer or peace officer, the
639639 12 Secretary may allow the applicant to provide an office or work
640640 13 address in lieu of a residence or mailing address. The
641641 14 application form may also require the statement of such
642642 15 additional relevant information as the Secretary of State
643643 16 shall deem necessary to determine the applicant's competency
644644 17 and eligibility. The Secretary of State may, in his
645645 18 discretion, by rule or regulation, provide that an application
646646 19 for a drivers license or permit may include a suitable
647647 20 photograph of the applicant in the form prescribed by the
648648 21 Secretary, and he may further provide that each drivers
649649 22 license shall include a photograph of the driver. The
650650 23 Secretary of State may utilize a photograph process or system
651651 24 most suitable to deter alteration or improper reproduction of
652652 25 a drivers license and to prevent substitution of another photo
653653 26 thereon. For the purposes of this subsection (b), "peace
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664664 1 officer" means any person who by virtue of his or her office or
665665 2 public employment is vested by law with a duty to maintain
666666 3 public order or to make arrests for a violation of any penal
667667 4 statute of this State, whether that duty extends to all
668668 5 violations or is limited to specific violations.
669669 6 (b-3) Upon the first issuance of a request for proposals
670670 7 for a digital driver's license and identification card
671671 8 issuance and facial recognition system issued after January 1,
672672 9 2020 (the effective date of Public Act 101-513), and upon
673673 10 implementation of a new or revised system procured pursuant to
674674 11 that request for proposals, the Secretary shall permit
675675 12 applicants to choose between "male", "female" or "non-binary"
676676 13 when designating the applicant's sex on the driver's license
677677 14 application form. The sex designated by the applicant shall be
678678 15 displayed on the driver's license issued to the applicant.
679679 16 (b-5) Every applicant for a REAL ID compliant driver's
680680 17 license or permit shall provide proof of lawful status in the
681681 18 United States as defined in 6 CFR 37.3, as amended. Applicants
682682 19 who are unable to provide the Secretary with proof of lawful
683683 20 status may apply for a driver's license or permit under
684684 21 Section 6-105.1 of this Code.
685685 22 (c) The application form shall include a notice to the
686686 23 applicant of the registration obligations of sex offenders
687687 24 under the Sex Offender Registration Act. The notice shall be
688688 25 provided in a form and manner prescribed by the Secretary of
689689 26 State. For purposes of this subsection (c), "sex offender" has
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700700 1 the meaning ascribed to it in Section 2 of the Sex Offender
701701 2 Registration Act.
702702 3 (d) The Secretary shall provide separate space on the
703703 4 application for a driver's license, permit, or renewal thereof
704704 5 so that any person who is at least 18 years of age but less
705705 6 than 26 years of age who applies to the Secretary for such
706706 7 permit, license, or card or renewal thereof may opt to
707707 8 register with the selective service in accordance with 50
708708 9 U.S.C. 451, if such person is subject to such Act, and consent
709709 10 to have the Secretary forward the necessary personal
710710 11 information in accordance with this subsection. Such consent
711711 12 shall be separate from any other certification or signature on
712712 13 such application. The Secretary shall include on the
713713 14 application a brief statement about the requirement of the
714714 15 law, a citation of the Act, and the consequences for failing to
715715 16 meet the same. The Secretary shall forward to the selective
716716 17 service system, in an electronic format, the necessary
717717 18 personal information required for registration only of
718718 19 individuals who have affirmatively opted and consented,
719719 20 pursuant to this subsection, to authorize the Secretary to
720720 21 forward such information to the selective service system. Any
721721 22 male United States citizen or immigrant who applies for any
722722 23 permit or license authorized to be issued under this Code or
723723 24 for a renewal of any permit or license, and who is at least 18
724724 25 years of age but less than 26 years of age, must be registered
725725 26 in compliance with the requirements of the federal Military
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736736 1 Selective Service Act. The Secretary of State must forward in
737737 2 an electronic format the necessary personal information
738738 3 regarding the applicants identified in this subsection (d) to
739739 4 the Selective Service System. The applicant's signature on the
740740 5 application serves as an indication that the applicant either
741741 6 has already registered with the Selective Service System or
742742 7 that he is authorizing the Secretary to forward to the
743743 8 Selective Service System the necessary information for
744744 9 registration. The Secretary must notify the applicant at the
745745 10 time of application that his signature constitutes consent to
746746 11 registration with the Selective Service System, if he is not
747747 12 already registered.
748748 13 (e) Beginning on or before July 1, 2015, for each original
749749 14 or renewal driver's license application under this Code, the
750750 15 Secretary shall inquire as to whether the applicant is a
751751 16 veteran for purposes of issuing a driver's license with a
752752 17 veteran designation under subsection (e-5) of Section 6-110 of
753753 18 this Code. The acceptable forms of proof shall include, but
754754 19 are not limited to, Department of Defense form DD-214,
755755 20 Department of Defense form DD-256 for applicants who did not
756756 21 receive a form DD-214 upon the completion of initial basic
757757 22 training, Department of Defense form DD-2 (Retired), an
758758 23 identification card issued under the federal Veterans
759759 24 Identification Card Act of 2015, or a United States Department
760760 25 of Veterans Affairs summary of benefits letter. If the
761761 26 document cannot be stamped, the Illinois Department of
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772772 1 Veterans' Affairs shall provide a certificate to the veteran
773773 2 to provide to the Secretary of State. The Illinois Department
774774 3 of Veterans' Affairs shall advise the Secretary as to what
775775 4 other forms of proof of a person's status as a veteran are
776776 5 acceptable.
777777 6 For each applicant who is issued a driver's license with a
778778 7 veteran designation, the Secretary shall provide the
779779 8 Department of Veterans' Affairs with the applicant's name,
780780 9 address, date of birth, gender and such other demographic
781781 10 information as agreed to by the Secretary and the Department.
782782 11 The Department may take steps necessary to confirm the
783783 12 applicant is a veteran. If after due diligence, including
784784 13 writing to the applicant at the address provided by the
785785 14 Secretary, the Department is unable to verify the applicant's
786786 15 veteran status, the Department shall inform the Secretary, who
787787 16 shall notify the applicant that he or she must confirm status
788788 17 as a veteran, or the driver's license will be cancelled.
789789 18 For purposes of this subsection (e):
790790 19 "Armed forces" means any of the Armed Forces of the United
791791 20 States, including a member of any reserve component or
792792 21 National Guard unit.
793793 22 "Veteran" means a person who has served in the armed
794794 23 forces and was discharged or separated under honorable
795795 24 conditions.
796796 25 (Source: P.A. 101-106, eff. 1-1-20; 101-287, eff. 8-9-19;
797797 26 101-513, eff. 1-1-20; 102-558, eff. 8-20-21.)
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808808 1 (625 ILCS 5/6-107.1)
809809 2 Sec. 6-107.1. Instruction permit for a minor.
810810 3 (a) The Secretary of State, upon receiving proper
811811 4 application and payment of the required fee, may issue an
812812 5 instruction permit to any person under the age of 18 years who
813813 6 is not ineligible for a license under paragraphs 1, 3, 4, 5, 7,
814814 7 or 8 of Section 6-103, after the applicant has successfully
815815 8 passed such examination as the Secretary of State in his
816816 9 discretion may prescribe.
817817 10 (1) An instruction permit issued under this Section
818818 11 shall be valid for a period of 24 months after the date of
819819 12 its issuance and shall be restricted, by the Secretary of
820820 13 State, to the operation of a motor vehicle by the minor
821821 14 only when under direct supervision of the adult instructor
822822 15 of a driver education program during enrollment in the
823823 16 program or when practicing under direct supervision of a
824824 17 parent, legal guardian, family member, or a person in loco
825825 18 parentis who is 21 years of age or more, has a license
826826 19 classification to operate such vehicle and at least one
827827 20 year of driving experience, and who is occupying a seat
828828 21 beside the driver.
829829 22 (2) A 24 month instruction permit for a motor driven
830830 23 cycle may be issued to a person 15 16 or 17 years of age
831831 24 and entitles the holder to drive upon the highways during
832832 25 daylight under direct supervision of a licensed motor
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843843 1 driven cycle operator or motorcycle operator 21 years of
844844 2 age or older who has a license classification to operate
845845 3 such motor driven cycle or motorcycle and at least one
846846 4 year of driving experience.
847847 5 (3) A 24 month instruction permit for a motorcycle
848848 6 other than a motor driven cycle may be issued to a person
849849 7 15 16 or 17 years of age in accordance with the provisions
850850 8 of paragraph 2 of Section 6-103 and entitles a holder to
851851 9 drive upon the highways during daylight under the direct
852852 10 supervision of a licensed motorcycle operator 21 years of
853853 11 age or older who has at least one year of driving
854854 12 experience.
855855 13 (b) An instruction permit issued under this Section when
856856 14 issued to a person under the age of 18 years shall, as a matter
857857 15 of law, be invalid for the operation of any motor vehicle
858858 16 during the following times:
859859 17 (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
860860 18 (2) Between 11:00 p.m. Saturday and 6:00 a.m. on
861861 19 Sunday; and
862862 20 (3) Between 10:00 p.m. on Sunday to Thursday,
863863 21 inclusive, and 6:00 a.m. on the following day.
864864 22 The instruction permit of a person under the age of 18
865865 23 shall not be invalid as described in paragraph (b) of this
866866 24 Section if the instruction permit holder under the age of 18
867867 25 was:
868868 26 (1) accompanied by the minor's parent or guardian or
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879879 1 other person in custody or control of the minor;
880880 2 (2) on an errand at the direction of the minor's
881881 3 parent or guardian, without any detour or stop;
882882 4 (3) in a motor vehicle involved in interstate travel;
883883 5 (4) going to or returning home from an employment
884884 6 activity, without any detour or stop;
885885 7 (5) involved in an emergency;
886886 8 (6) going to or returning home from, without any
887887 9 detour or stop, an official school, religious, or other
888888 10 recreational activity supervised by adults and sponsored
889889 11 by a government or governmental agency, a civic
890890 12 organization, or another similar entity that takes
891891 13 responsibility for the licensee, without any detour or
892892 14 stop;
893893 15 (7) exercising First Amendment rights protected by the
894894 16 United States Constitution, such as the free exercise of
895895 17 religion, freedom of speech, and the right of assembly; or
896896 18 (8) married or had been married or is an emancipated
897897 19 minor under the Emancipation of Minors Act.
898898 20 (b-1) No instruction permit shall be issued to any
899899 21 applicant who is under the age of 18 years and who has been
900900 22 certified to be a chronic or habitual truant, as defined in
901901 23 Section 26-2a of the School Code.
902902 24 An applicant under the age of 18 years who provides proof
903903 25 that he or she has resumed regular school attendance or that
904904 26 his or her application was denied in error shall be eligible to
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915915 1 receive an instruction permit if other requirements are met.
916916 2 The Secretary shall adopt rules for implementing this
917917 3 subsection (b-1).
918918 4 (c) Any person under the age of 16 years who possesses an
919919 5 instruction permit and whose driving privileges have been
920920 6 suspended or revoked under the provisions of this Code shall
921921 7 not be granted a Family Financial Responsibility Driving
922922 8 Permit or a Restricted Driving Permit.
923923 9 (Source: P.A. 95-310, eff. 1-1-08; 96-1237, eff. 1-1-11.)
924924 10 (625 ILCS 5/6-110.2)
925925 11 Sec. 6-110.2. Confidentiality of documents submitted with
926926 12 an application for a driver's license. Documents required to
927927 13 be submitted with an application for a driver's license to
928928 14 prove the applicant's identity (name and date of birth),
929929 15 social security number, written signature, residency, and, as
930930 16 applicable, proof of lawful status shall be confidential and
931931 17 shall not be disclosed as described in Section 6-105.1, except
932932 18 to the following persons:
933933 19 (1) the individual to whom the driver's license or
934934 20 permit was issued, upon written request;
935935 21 (2) officers and employees of the Secretary of State
936936 22 who have a need to have access to the stored images for
937937 23 purposes of issuing and controlling driver's licenses,
938938 24 permits, or identification cards and investigation of
939939 25 fraud or misconduct;
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950950 1 (3) law enforcement officials for a civil or criminal
951951 2 law enforcement investigation;
952952 3 (4) other entities that the Secretary may authorize by
953953 4 rule.
954954 5 (Source: P.A. 101-326, eff. 8-9-19.)
955955 6 (625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)
956956 7 (Text of Section before amendment by P.A. 102-982)
957957 8 Sec. 6-117. Records to be kept by the Secretary of State.
958958 9 (a) The Secretary of State shall file every application
959959 10 for a license or permit accepted under this Chapter, and shall
960960 11 maintain suitable indexes thereof. The records of the
961961 12 Secretary of State shall indicate the action taken with
962962 13 respect to such applications.
963963 14 (b) The Secretary of State shall maintain appropriate
964964 15 records of all licenses and permits refused, cancelled,
965965 16 disqualified, revoked, or suspended and of the revocation,
966966 17 suspension, and disqualification of driving privileges of
967967 18 persons not licensed under this Chapter, and such records
968968 19 shall note the reasons for such action.
969969 20 (c) The Secretary of State shall maintain appropriate
970970 21 records of convictions reported under this Chapter. Records of
971971 22 conviction may be maintained in a computer processible medium.
972972 23 (d) The Secretary of State may also maintain appropriate
973973 24 records of any accident reports received.
974974 25 (e) The Secretary of State shall also maintain appropriate
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985985 1 records of any disposition of supervision or records relative
986986 2 to a driver's referral to a driver remedial or rehabilitative
987987 3 program, as required by the Secretary of State or the courts.
988988 4 Such records shall only be available for use by the Secretary,
989989 5 the driver licensing administrator of any other state, law
990990 6 enforcement agencies, the courts, and the affected driver or,
991991 7 upon proper verification, such affected driver's attorney.
992992 8 (f) The Secretary of State shall also maintain or contract
993993 9 to maintain appropriate records of all photographs and
994994 10 signatures obtained in the process of issuing any driver's
995995 11 license, permit, or identification card. The record shall be
996996 12 confidential and shall not be disclosed except to those
997997 13 entities listed under Section 6-110.1 of this Code and by
998998 14 following the procedures in Section 6-105.1.
999999 15 (g) The Secretary of State may establish a First Person
10001000 16 Consent organ and tissue donor registry in compliance with
10011001 17 subsection (b-1) of Section 5-20 of the Illinois Anatomical
10021002 18 Gift Act, as follows:
10031003 19 (1) The Secretary shall offer, to each applicant for
10041004 20 issuance or renewal of a driver's license or
10051005 21 identification card who is 16 years of age or older, the
10061006 22 opportunity to have his or her name included in the First
10071007 23 Person Consent organ and tissue donor registry. The
10081008 24 Secretary must advise the applicant or licensee that he or
10091009 25 she is under no compulsion to have his or her name included
10101010 26 in the registry. An individual who agrees to having his or
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10211021 1 her name included in the First Person Consent organ and
10221022 2 tissue donor registry has given full legal consent to the
10231023 3 donation of any of his or her organs or tissue upon his or
10241024 4 her death. A brochure explaining this method of executing
10251025 5 an anatomical gift must be given to each applicant for
10261026 6 issuance or renewal of a driver's license or
10271027 7 identification card. The brochure must advise the
10281028 8 applicant or licensee (i) that he or she is under no
10291029 9 compulsion to have his or her name included in this
10301030 10 registry and (ii) that he or she may wish to consult with
10311031 11 family, friends, or clergy before doing so.
10321032 12 (2) The Secretary of State may establish additional
10331033 13 methods by which an individual may have his or her name
10341034 14 included in the First Person Consent organ and tissue
10351035 15 donor registry.
10361036 16 (3) When an individual has agreed to have his or her
10371037 17 name included in the First Person Consent organ and tissue
10381038 18 donor registry, the Secretary of State shall note that
10391039 19 agreement in the First Person consent organ and tissue
10401040 20 donor registry. Representatives of federally designated
10411041 21 organ procurement agencies and tissue banks and the
10421042 22 offices of Illinois county coroners and medical examiners
10431043 23 may inquire of the Secretary of State whether a potential
10441044 24 organ donor's name is included in the First Person Consent
10451045 25 organ and tissue donor registry, and the Secretary of
10461046 26 State may provide that information to the representative.
10471047
10481048
10491049
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10571057 1 (4) An individual may withdraw his or her consent to
10581058 2 be listed in the First Person Consent organ and tissue
10591059 3 donor registry maintained by the Secretary of State by
10601060 4 notifying the Secretary of State in writing, or by any
10611061 5 other means approved by the Secretary, of the individual's
10621062 6 decision to have his or her name removed from the
10631063 7 registry.
10641064 8 (5) The Secretary of State may undertake additional
10651065 9 efforts, including education and awareness activities, to
10661066 10 promote organ and tissue donation.
10671067 11 (6) In the absence of gross negligence or willful
10681068 12 misconduct, the Secretary of State and his or her
10691069 13 employees are immune from any civil or criminal liability
10701070 14 in connection with an individual's consent to be listed in
10711071 15 the organ and tissue donor registry.
10721072 16 (Source: P.A. 100-41, eff. 1-1-18.)
10731073 17 (Text of Section after amendment by P.A. 102-982)
10741074 18 Sec. 6-117. Records to be kept by the Secretary of State.
10751075 19 (a) The Secretary of State shall file every application
10761076 20 for a license or permit accepted under this Chapter, and shall
10771077 21 maintain suitable indexes thereof. The records of the
10781078 22 Secretary of State shall indicate the action taken with
10791079 23 respect to such applications.
10801080 24 (b) The Secretary of State shall maintain appropriate
10811081 25 records of all licenses and permits refused, cancelled,
10821082
10831083
10841084
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10921092 1 disqualified, revoked, or suspended and of the revocation,
10931093 2 suspension, and disqualification of driving privileges of
10941094 3 persons not licensed under this Chapter, and such records
10951095 4 shall note the reasons for such action.
10961096 5 (c) The Secretary of State shall maintain appropriate
10971097 6 records of convictions reported under this Chapter. Records of
10981098 7 conviction may be maintained in a computer processible medium.
10991099 8 (d) The Secretary of State may also maintain appropriate
11001100 9 records of any crash reports received.
11011101 10 (e) The Secretary of State shall also maintain appropriate
11021102 11 records of any disposition of supervision or records relative
11031103 12 to a driver's referral to a driver remedial or rehabilitative
11041104 13 program, as required by the Secretary of State or the courts.
11051105 14 Such records shall only be available for use by the Secretary,
11061106 15 the driver licensing administrator of any other state, law
11071107 16 enforcement agencies, the courts, and the affected driver or,
11081108 17 upon proper verification, such affected driver's attorney.
11091109 18 (f) The Secretary of State shall also maintain or contract
11101110 19 to maintain appropriate records of all photographs and
11111111 20 signatures obtained in the process of issuing any driver's
11121112 21 license, permit, or identification card. The record shall be
11131113 22 confidential and shall not be disclosed except to those
11141114 23 entities listed under Section 6-110.1 of this Code and by
11151115 24 following the procedures in Section 6-105.1.
11161116 25 (g) The Secretary of State may establish a First Person
11171117 26 Consent organ and tissue donor registry in compliance with
11181118
11191119
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11281128 1 subsection (b-1) of Section 5-20 of the Illinois Anatomical
11291129 2 Gift Act, as follows:
11301130 3 (1) The Secretary shall offer, to each applicant for
11311131 4 issuance or renewal of a driver's license or
11321132 5 identification card who is 16 years of age or older, the
11331133 6 opportunity to have his or her name included in the First
11341134 7 Person Consent organ and tissue donor registry. The
11351135 8 Secretary must advise the applicant or licensee that he or
11361136 9 she is under no compulsion to have his or her name included
11371137 10 in the registry. An individual who agrees to having his or
11381138 11 her name included in the First Person Consent organ and
11391139 12 tissue donor registry has given full legal consent to the
11401140 13 donation of any of his or her organs or tissue upon his or
11411141 14 her death. A brochure explaining this method of executing
11421142 15 an anatomical gift must be given to each applicant for
11431143 16 issuance or renewal of a driver's license or
11441144 17 identification card. The brochure must advise the
11451145 18 applicant or licensee (i) that he or she is under no
11461146 19 compulsion to have his or her name included in this
11471147 20 registry and (ii) that he or she may wish to consult with
11481148 21 family, friends, or clergy before doing so.
11491149 22 (2) The Secretary of State may establish additional
11501150 23 methods by which an individual may have his or her name
11511151 24 included in the First Person Consent organ and tissue
11521152 25 donor registry.
11531153 26 (3) When an individual has agreed to have his or her
11541154
11551155
11561156
11571157
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11641164 1 name included in the First Person Consent organ and tissue
11651165 2 donor registry, the Secretary of State shall note that
11661166 3 agreement in the First Person consent organ and tissue
11671167 4 donor registry. Representatives of federally designated
11681168 5 organ procurement agencies and tissue banks and the
11691169 6 offices of Illinois county coroners and medical examiners
11701170 7 may inquire of the Secretary of State whether a potential
11711171 8 organ donor's name is included in the First Person Consent
11721172 9 organ and tissue donor registry, and the Secretary of
11731173 10 State may provide that information to the representative.
11741174 11 (4) An individual may withdraw his or her consent to
11751175 12 be listed in the First Person Consent organ and tissue
11761176 13 donor registry maintained by the Secretary of State by
11771177 14 notifying the Secretary of State in writing, or by any
11781178 15 other means approved by the Secretary, of the individual's
11791179 16 decision to have his or her name removed from the
11801180 17 registry.
11811181 18 (5) The Secretary of State may undertake additional
11821182 19 efforts, including education and awareness activities, to
11831183 20 promote organ and tissue donation.
11841184 21 (6) In the absence of gross negligence or willful
11851185 22 misconduct, the Secretary of State and his or her
11861186 23 employees are immune from any civil or criminal liability
11871187 24 in connection with an individual's consent to be listed in
11881188 25 the organ and tissue donor registry.
11891189 26 (Source: P.A. 102-982, eff. 7-1-23.)
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12001200 1 (625 ILCS 5/6-117.1)
12011201 2 Sec. 6-117.1. Prohibited use of driver's license
12021202 3 information.
12031203 4 (a) When information is obtained from a driver's license
12041204 5 to identify or prove the age of the holder of the license, or
12051205 6 in the course of a commercial transaction, that information
12061206 7 may be used only for purposes of identification of the
12071207 8 individual or for completing the commercial transaction in
12081208 9 which the information was obtained, including all subsequent
12091209 10 payment, processing, collection, and other related actions.
12101210 11 Information obtained from a driver's license may not be used
12111211 12 for purposes unrelated to the transaction in which it was
12121212 13 obtained, including, but not limited to, commercial
12131213 14 solicitations. Information obtained from a driver's license to
12141214 15 identify the holder of the license, or in the course of a
12151215 16 commercial transaction, may not be sold, leased, or otherwise
12161216 17 provided to any third party.
12171217 18 (b) Any individual whose driver's license information has
12181218 19 been used in violation of this Section has a cause of action
12191219 20 against the person who violated this Section. Upon a finding
12201220 21 that a violation did occur, the individual whose information
12211221 22 was used in violation of this Section is entitled to recover
12221222 23 actual damages, but not less than liquidated damages in the
12231223 24 amount of $250 for each violation, plus attorney's fees and
12241224 25 the costs of bringing the action.
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12351235 1 (c) Use of information contained on a driver's license is
12361236 2 not a violation of this Section if (i) the individual whose
12371237 3 information has been used gave express permission for that use
12381238 4 or (ii) the information relating to the individual was
12391239 5 obtained from a source other than the individual's driver's
12401240 6 license.
12411241 7 (d) (Blank). This Section does not apply to any agency of
12421242 8 the United States, the State of Illinois, or any other state or
12431243 9 political subdivision thereof.
12441244 10 (e) This Section does not apply to the transfer of
12451245 11 information to a third party if (i) a federal or State law,
12461246 12 rule, or regulation requires that the information be
12471247 13 transferred to a third party after being recorded in specified
12481248 14 transactions or (ii) the information is transferred to a third
12491249 15 party for purposes of the detection or possible prosecution of
12501250 16 criminal offenses or fraud. If information is transferred to a
12511251 17 third party under this subsection (e), it may be used only for
12521252 18 the purposes authorized by this subsection (e).
12531253 19 (f) This Section does not apply to the use of information
12541254 20 obtained from a driver's license which has been provided by
12551255 21 the holder of the license in the course of a potential or
12561256 22 completed employment, commercial, business or professional
12571257 23 transaction for the purpose of completing written documents
12581258 24 including, but not limited to, contracts, agreements, purchase
12591259 25 orders, retail installment contracts, buyer's orders, purchase
12601260 26 contracts, repair orders, applications, disclosure forms or
12611261
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12711271 1 waiver forms.
12721272 2 (Source: P.A. 94-892, eff. 1-1-07.)
12731273 3 (625 ILCS 5/6-206)
12741274 4 (Text of Section before amendment by P.A. 102-982)
12751275 5 Sec. 6-206. Discretionary authority to suspend or revoke
12761276 6 license or permit; right to a hearing.
12771277 7 (a) The Secretary of State is authorized to suspend or
12781278 8 revoke the driving privileges of any person without
12791279 9 preliminary hearing upon a showing of the person's records or
12801280 10 other sufficient evidence that the person:
12811281 11 1. Has committed an offense for which mandatory
12821282 12 revocation of a driver's license or permit is required
12831283 13 upon conviction;
12841284 14 2. Has been convicted of not less than 3 offenses
12851285 15 against traffic regulations governing the movement of
12861286 16 vehicles committed within any 12-month period. No
12871287 17 revocation or suspension shall be entered more than 6
12881288 18 months after the date of last conviction;
12891289 19 3. Has been repeatedly involved as a driver in motor
12901290 20 vehicle collisions or has been repeatedly convicted of
12911291 21 offenses against laws and ordinances regulating the
12921292 22 movement of traffic, to a degree that indicates lack of
12931293 23 ability to exercise ordinary and reasonable care in the
12941294 24 safe operation of a motor vehicle or disrespect for the
12951295 25 traffic laws and the safety of other persons upon the
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13061306 1 highway;
13071307 2 4. Has by the unlawful operation of a motor vehicle
13081308 3 caused or contributed to an accident resulting in injury
13091309 4 requiring immediate professional treatment in a medical
13101310 5 facility or doctor's office to any person, except that any
13111311 6 suspension or revocation imposed by the Secretary of State
13121312 7 under the provisions of this subsection shall start no
13131313 8 later than 6 months after being convicted of violating a
13141314 9 law or ordinance regulating the movement of traffic, which
13151315 10 violation is related to the accident, or shall start not
13161316 11 more than one year after the date of the accident,
13171317 12 whichever date occurs later;
13181318 13 5. Has permitted an unlawful or fraudulent use of a
13191319 14 driver's license, identification card, or permit;
13201320 15 6. Has been lawfully convicted of an offense or
13211321 16 offenses in another state, including the authorization
13221322 17 contained in Section 6-203.1, which if committed within
13231323 18 this State would be grounds for suspension or revocation;
13241324 19 7. Has refused or failed to submit to an examination
13251325 20 provided for by Section 6-207 or has failed to pass the
13261326 21 examination;
13271327 22 8. Is ineligible for a driver's license or permit
13281328 23 under the provisions of Section 6-103;
13291329 24 9. Has made a false statement or knowingly concealed a
13301330 25 material fact or has used false information or
13311331 26 identification in any application for a license,
13321332
13331333
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13421342 1 identification card, or permit;
13431343 2 10. Has possessed, displayed, or attempted to
13441344 3 fraudulently use any license, identification card, or
13451345 4 permit not issued to the person;
13461346 5 11. Has operated a motor vehicle upon a highway of
13471347 6 this State when the person's driving privilege or
13481348 7 privilege to obtain a driver's license or permit was
13491349 8 revoked or suspended unless the operation was authorized
13501350 9 by a monitoring device driving permit, judicial driving
13511351 10 permit issued prior to January 1, 2009, probationary
13521352 11 license to drive, or restricted driving permit issued
13531353 12 under this Code;
13541354 13 12. Has submitted to any portion of the application
13551355 14 process for another person or has obtained the services of
13561356 15 another person to submit to any portion of the application
13571357 16 process for the purpose of obtaining a license,
13581358 17 identification card, or permit for some other person;
13591359 18 13. Has operated a motor vehicle upon a highway of
13601360 19 this State when the person's driver's license or permit
13611361 20 was invalid under the provisions of Sections 6-107.1 and
13621362 21 6-110;
13631363 22 14. Has committed a violation of Section 6-301,
13641364 23 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
13651365 24 14B of the Illinois Identification Card Act or a similar
13661366 25 offense in another state if, at the time of the offense,
13671367 26 the person held an Illinois driver's license or
13681368
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13781378 1 identification card;
13791379 2 15. Has been convicted of violating Section 21-2 of
13801380 3 the Criminal Code of 1961 or the Criminal Code of 2012
13811381 4 relating to criminal trespass to vehicles if the person
13821382 5 exercised actual physical control over the vehicle during
13831383 6 the commission of the offense, in which case the
13841384 7 suspension shall be for one year;
13851385 8 16. Has been convicted of violating Section 11-204 of
13861386 9 this Code relating to fleeing from a peace officer;
13871387 10 17. Has refused to submit to a test, or tests, as
13881388 11 required under Section 11-501.1 of this Code and the
13891389 12 person has not sought a hearing as provided for in Section
13901390 13 11-501.1;
13911391 14 18. (Blank);
13921392 15 19. Has committed a violation of paragraph (a) or (b)
13931393 16 of Section 6-101 relating to driving without a driver's
13941394 17 license;
13951395 18 20. Has been convicted of violating Section 6-104
13961396 19 relating to classification of driver's license;
13971397 20 21. Has been convicted of violating Section 11-402 of
13981398 21 this Code relating to leaving the scene of an accident
13991399 22 resulting in damage to a vehicle in excess of $1,000, in
14001400 23 which case the suspension shall be for one year;
14011401 24 22. Has used a motor vehicle in violating paragraph
14021402 25 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
14031403 26 the Criminal Code of 1961 or the Criminal Code of 2012
14041404
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14141414 1 relating to unlawful use of weapons, in which case the
14151415 2 suspension shall be for one year;
14161416 3 23. Has, as a driver, been convicted of committing a
14171417 4 violation of paragraph (a) of Section 11-502 of this Code
14181418 5 for a second or subsequent time within one year of a
14191419 6 similar violation;
14201420 7 24. Has been convicted by a court-martial or punished
14211421 8 by non-judicial punishment by military authorities of the
14221422 9 United States at a military installation in Illinois or in
14231423 10 another state of or for a traffic-related offense that is
14241424 11 the same as or similar to an offense specified under
14251425 12 Section 6-205 or 6-206 of this Code;
14261426 13 25. Has permitted any form of identification to be
14271427 14 used by another in the application process in order to
14281428 15 obtain or attempt to obtain a license, identification
14291429 16 card, or permit;
14301430 17 26. Has altered or attempted to alter a license or has
14311431 18 possessed an altered license, identification card, or
14321432 19 permit;
14331433 20 27. (Blank);
14341434 21 28. Has been convicted for a first time of the illegal
14351435 22 possession, while operating or in actual physical control,
14361436 23 as a driver, of a motor vehicle, of any controlled
14371437 24 substance prohibited under the Illinois Controlled
14381438 25 Substances Act, any cannabis prohibited under the Cannabis
14391439 26 Control Act, or any methamphetamine prohibited under the
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14501450 1 Methamphetamine Control and Community Protection Act, in
14511451 2 which case the person's driving privileges shall be
14521452 3 suspended for one year. Any defendant found guilty of this
14531453 4 offense while operating a motor vehicle shall have an
14541454 5 entry made in the court record by the presiding judge that
14551455 6 this offense did occur while the defendant was operating a
14561456 7 motor vehicle and order the clerk of the court to report
14571457 8 the violation to the Secretary of State;
14581458 9 29. Has been convicted of the following offenses that
14591459 10 were committed while the person was operating or in actual
14601460 11 physical control, as a driver, of a motor vehicle:
14611461 12 criminal sexual assault, predatory criminal sexual assault
14621462 13 of a child, aggravated criminal sexual assault, criminal
14631463 14 sexual abuse, aggravated criminal sexual abuse, juvenile
14641464 15 pimping, soliciting for a juvenile prostitute, promoting
14651465 16 juvenile prostitution as described in subdivision (a)(1),
14661466 17 (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
14671467 18 of 1961 or the Criminal Code of 2012, and the manufacture,
14681468 19 sale or delivery of controlled substances or instruments
14691469 20 used for illegal drug use or abuse in which case the
14701470 21 driver's driving privileges shall be suspended for one
14711471 22 year;
14721472 23 30. Has been convicted a second or subsequent time for
14731473 24 any combination of the offenses named in paragraph 29 of
14741474 25 this subsection, in which case the person's driving
14751475 26 privileges shall be suspended for 5 years;
14761476
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14861486 1 31. Has refused to submit to a test as required by
14871487 2 Section 11-501.6 of this Code or Section 5-16c of the Boat
14881488 3 Registration and Safety Act or has submitted to a test
14891489 4 resulting in an alcohol concentration of 0.08 or more or
14901490 5 any amount of a drug, substance, or compound resulting
14911491 6 from the unlawful use or consumption of cannabis as listed
14921492 7 in the Cannabis Control Act, a controlled substance as
14931493 8 listed in the Illinois Controlled Substances Act, an
14941494 9 intoxicating compound as listed in the Use of Intoxicating
14951495 10 Compounds Act, or methamphetamine as listed in the
14961496 11 Methamphetamine Control and Community Protection Act, in
14971497 12 which case the penalty shall be as prescribed in Section
14981498 13 6-208.1;
14991499 14 32. Has been convicted of Section 24-1.2 of the
15001500 15 Criminal Code of 1961 or the Criminal Code of 2012
15011501 16 relating to the aggravated discharge of a firearm if the
15021502 17 offender was located in a motor vehicle at the time the
15031503 18 firearm was discharged, in which case the suspension shall
15041504 19 be for 3 years;
15051505 20 33. Has as a driver, who was less than 21 years of age
15061506 21 on the date of the offense, been convicted a first time of
15071507 22 a violation of paragraph (a) of Section 11-502 of this
15081508 23 Code or a similar provision of a local ordinance;
15091509 24 34. Has committed a violation of Section 11-1301.5 of
15101510 25 this Code or a similar provision of a local ordinance;
15111511 26 35. Has committed a violation of Section 11-1301.6 of
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15221522 1 this Code or a similar provision of a local ordinance;
15231523 2 36. Is under the age of 21 years at the time of arrest
15241524 3 and has been convicted of not less than 2 offenses against
15251525 4 traffic regulations governing the movement of vehicles
15261526 5 committed within any 24-month period. No revocation or
15271527 6 suspension shall be entered more than 6 months after the
15281528 7 date of last conviction;
15291529 8 37. Has committed a violation of subsection (c) of
15301530 9 Section 11-907 of this Code that resulted in damage to the
15311531 10 property of another or the death or injury of another;
15321532 11 38. Has been convicted of a violation of Section 6-20
15331533 12 of the Liquor Control Act of 1934 or a similar provision of
15341534 13 a local ordinance and the person was an occupant of a motor
15351535 14 vehicle at the time of the violation;
15361536 15 39. Has committed a second or subsequent violation of
15371537 16 Section 11-1201 of this Code;
15381538 17 40. Has committed a violation of subsection (a-1) of
15391539 18 Section 11-908 of this Code;
15401540 19 41. Has committed a second or subsequent violation of
15411541 20 Section 11-605.1 of this Code, a similar provision of a
15421542 21 local ordinance, or a similar violation in any other state
15431543 22 within 2 years of the date of the previous violation, in
15441544 23 which case the suspension shall be for 90 days;
15451545 24 42. Has committed a violation of subsection (a-1) of
15461546 25 Section 11-1301.3 of this Code or a similar provision of a
15471547 26 local ordinance;
15481548
15491549
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15581558 1 43. Has received a disposition of court supervision
15591559 2 for a violation of subsection (a), (d), or (e) of Section
15601560 3 6-20 of the Liquor Control Act of 1934 or a similar
15611561 4 provision of a local ordinance and the person was an
15621562 5 occupant of a motor vehicle at the time of the violation,
15631563 6 in which case the suspension shall be for a period of 3
15641564 7 months;
15651565 8 44. Is under the age of 21 years at the time of arrest
15661566 9 and has been convicted of an offense against traffic
15671567 10 regulations governing the movement of vehicles after
15681568 11 having previously had his or her driving privileges
15691569 12 suspended or revoked pursuant to subparagraph 36 of this
15701570 13 Section;
15711571 14 45. Has, in connection with or during the course of a
15721572 15 formal hearing conducted under Section 2-118 of this Code:
15731573 16 (i) committed perjury; (ii) submitted fraudulent or
15741574 17 falsified documents; (iii) submitted documents that have
15751575 18 been materially altered; or (iv) submitted, as his or her
15761576 19 own, documents that were in fact prepared or composed for
15771577 20 another person;
15781578 21 46. Has committed a violation of subsection (j) of
15791579 22 Section 3-413 of this Code;
15801580 23 47. Has committed a violation of subsection (a) of
15811581 24 Section 11-502.1 of this Code;
15821582 25 48. Has submitted a falsified or altered medical
15831583 26 examiner's certificate to the Secretary of State or
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15851585
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15941594 1 provided false information to obtain a medical examiner's
15951595 2 certificate;
15961596 3 49. Has been convicted of a violation of Section
15971597 4 11-1002 or 11-1002.5 that resulted in a Type A injury to
15981598 5 another, in which case the driving privileges of the
15991599 6 person shall be suspended for 12 months;
16001600 7 50. Has committed a violation of subsection (b-5) of
16011601 8 Section 12-610.2 that resulted in great bodily harm,
16021602 9 permanent disability, or disfigurement, in which case the
16031603 10 driving privileges of the person shall be suspended for 12
16041604 11 months;
16051605 12 51. Has committed a violation of Section 10-15 Of the
16061606 13 Cannabis Regulation and Tax Act or a similar provision of
16071607 14 a local ordinance while in a motor vehicle; or
16081608 15 52. Has committed a violation of subsection (b) of
16091609 16 Section 10-20 of the Cannabis Regulation and Tax Act or a
16101610 17 similar provision of a local ordinance.
16111611 18 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
16121612 19 and 27 of this subsection, license means any driver's license,
16131613 20 any traffic ticket issued when the person's driver's license
16141614 21 is deposited in lieu of bail, a suspension notice issued by the
16151615 22 Secretary of State, a duplicate or corrected driver's license
16161616 23 or , a probationary driver's license, or a temporary driver's
16171617 24 license.
16181618 25 (b) If any conviction forming the basis of a suspension or
16191619 26 revocation authorized under this Section is appealed, the
16201620
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16301630 1 Secretary of State may rescind or withhold the entry of the
16311631 2 order of suspension or revocation, as the case may be,
16321632 3 provided that a certified copy of a stay order of a court is
16331633 4 filed with the Secretary of State. If the conviction is
16341634 5 affirmed on appeal, the date of the conviction shall relate
16351635 6 back to the time the original judgment of conviction was
16361636 7 entered and the 6-month limitation prescribed shall not apply.
16371637 8 (c) 1. Upon suspending or revoking the driver's license or
16381638 9 permit of any person as authorized in this Section, the
16391639 10 Secretary of State shall immediately notify the person in
16401640 11 writing of the revocation or suspension. The notice to be
16411641 12 deposited in the United States mail, postage prepaid, to the
16421642 13 last known address of the person.
16431643 14 2. If the Secretary of State suspends the driver's license
16441644 15 of a person under subsection 2 of paragraph (a) of this
16451645 16 Section, a person's privilege to operate a vehicle as an
16461646 17 occupation shall not be suspended, provided an affidavit is
16471647 18 properly completed, the appropriate fee received, and a permit
16481648 19 issued prior to the effective date of the suspension, unless 5
16491649 20 offenses were committed, at least 2 of which occurred while
16501650 21 operating a commercial vehicle in connection with the driver's
16511651 22 regular occupation. All other driving privileges shall be
16521652 23 suspended by the Secretary of State. Any driver prior to
16531653 24 operating a vehicle for occupational purposes only must submit
16541654 25 the affidavit on forms to be provided by the Secretary of State
16551655 26 setting forth the facts of the person's occupation. The
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16661666 1 affidavit shall also state the number of offenses committed
16671667 2 while operating a vehicle in connection with the driver's
16681668 3 regular occupation. The affidavit shall be accompanied by the
16691669 4 driver's license. Upon receipt of a properly completed
16701670 5 affidavit, the Secretary of State shall issue the driver a
16711671 6 permit to operate a vehicle in connection with the driver's
16721672 7 regular occupation only. Unless the permit is issued by the
16731673 8 Secretary of State prior to the date of suspension, the
16741674 9 privilege to drive any motor vehicle shall be suspended as set
16751675 10 forth in the notice that was mailed under this Section. If an
16761676 11 affidavit is received subsequent to the effective date of this
16771677 12 suspension, a permit may be issued for the remainder of the
16781678 13 suspension period.
16791679 14 The provisions of this subparagraph shall not apply to any
16801680 15 driver required to possess a CDL for the purpose of operating a
16811681 16 commercial motor vehicle.
16821682 17 Any person who falsely states any fact in the affidavit
16831683 18 required herein shall be guilty of perjury under Section 6-302
16841684 19 and upon conviction thereof shall have all driving privileges
16851685 20 revoked without further rights.
16861686 21 3. At the conclusion of a hearing under Section 2-118 of
16871687 22 this Code, the Secretary of State shall either rescind or
16881688 23 continue an order of revocation or shall substitute an order
16891689 24 of suspension; or, good cause appearing therefor, rescind,
16901690 25 continue, change, or extend the order of suspension. If the
16911691 26 Secretary of State does not rescind the order, the Secretary
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17021702 1 may upon application, to relieve undue hardship (as defined by
17031703 2 the rules of the Secretary of State), issue a restricted
17041704 3 driving permit granting the privilege of driving a motor
17051705 4 vehicle between the petitioner's residence and petitioner's
17061706 5 place of employment or within the scope of the petitioner's
17071707 6 employment-related duties, or to allow the petitioner to
17081708 7 transport himself or herself, or a family member of the
17091709 8 petitioner's household to a medical facility, to receive
17101710 9 necessary medical care, to allow the petitioner to transport
17111711 10 himself or herself to and from alcohol or drug remedial or
17121712 11 rehabilitative activity recommended by a licensed service
17131713 12 provider, or to allow the petitioner to transport himself or
17141714 13 herself or a family member of the petitioner's household to
17151715 14 classes, as a student, at an accredited educational
17161716 15 institution, or to allow the petitioner to transport children,
17171717 16 elderly persons, or persons with disabilities who do not hold
17181718 17 driving privileges and are living in the petitioner's
17191719 18 household to and from daycare. The petitioner must demonstrate
17201720 19 that no alternative means of transportation is reasonably
17211721 20 available and that the petitioner will not endanger the public
17221722 21 safety or welfare.
17231723 22 (A) If a person's license or permit is revoked or
17241724 23 suspended due to 2 or more convictions of violating
17251725 24 Section 11-501 of this Code or a similar provision of a
17261726 25 local ordinance or a similar out-of-state offense, or
17271727 26 Section 9-3 of the Criminal Code of 1961 or the Criminal
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17381738 1 Code of 2012, where the use of alcohol or other drugs is
17391739 2 recited as an element of the offense, or a similar
17401740 3 out-of-state offense, or a combination of these offenses,
17411741 4 arising out of separate occurrences, that person, if
17421742 5 issued a restricted driving permit, may not operate a
17431743 6 vehicle unless it has been equipped with an ignition
17441744 7 interlock device as defined in Section 1-129.1.
17451745 8 (B) If a person's license or permit is revoked or
17461746 9 suspended 2 or more times due to any combination of:
17471747 10 (i) a single conviction of violating Section
17481748 11 11-501 of this Code or a similar provision of a local
17491749 12 ordinance or a similar out-of-state offense or Section
17501750 13 9-3 of the Criminal Code of 1961 or the Criminal Code
17511751 14 of 2012, where the use of alcohol or other drugs is
17521752 15 recited as an element of the offense, or a similar
17531753 16 out-of-state offense; or
17541754 17 (ii) a statutory summary suspension or revocation
17551755 18 under Section 11-501.1; or
17561756 19 (iii) a suspension under Section 6-203.1;
17571757 20 arising out of separate occurrences; that person, if
17581758 21 issued a restricted driving permit, may not operate a
17591759 22 vehicle unless it has been equipped with an ignition
17601760 23 interlock device as defined in Section 1-129.1.
17611761 24 (B-5) If a person's license or permit is revoked or
17621762 25 suspended due to a conviction for a violation of
17631763 26 subparagraph (C) or (F) of paragraph (1) of subsection (d)
17641764
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17741774 1 of Section 11-501 of this Code, or a similar provision of a
17751775 2 local ordinance or similar out-of-state offense, that
17761776 3 person, if issued a restricted driving permit, may not
17771777 4 operate a vehicle unless it has been equipped with an
17781778 5 ignition interlock device as defined in Section 1-129.1.
17791779 6 (C) The person issued a permit conditioned upon the
17801780 7 use of an ignition interlock device must pay to the
17811781 8 Secretary of State DUI Administration Fund an amount not
17821782 9 to exceed $30 per month. The Secretary shall establish by
17831783 10 rule the amount and the procedures, terms, and conditions
17841784 11 relating to these fees.
17851785 12 (D) If the restricted driving permit is issued for
17861786 13 employment purposes, then the prohibition against
17871787 14 operating a motor vehicle that is not equipped with an
17881788 15 ignition interlock device does not apply to the operation
17891789 16 of an occupational vehicle owned or leased by that
17901790 17 person's employer when used solely for employment
17911791 18 purposes. For any person who, within a 5-year period, is
17921792 19 convicted of a second or subsequent offense under Section
17931793 20 11-501 of this Code, or a similar provision of a local
17941794 21 ordinance or similar out-of-state offense, this employment
17951795 22 exemption does not apply until either a one-year period
17961796 23 has elapsed during which that person had his or her
17971797 24 driving privileges revoked or a one-year period has
17981798 25 elapsed during which that person had a restricted driving
17991799 26 permit which required the use of an ignition interlock
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18101810 1 device on every motor vehicle owned or operated by that
18111811 2 person.
18121812 3 (E) In each case the Secretary may issue a restricted
18131813 4 driving permit for a period deemed appropriate, except
18141814 5 that all permits shall expire no later than 2 years from
18151815 6 the date of issuance. A restricted driving permit issued
18161816 7 under this Section shall be subject to cancellation,
18171817 8 revocation, and suspension by the Secretary of State in
18181818 9 like manner and for like cause as a driver's license
18191819 10 issued under this Code may be cancelled, revoked, or
18201820 11 suspended; except that a conviction upon one or more
18211821 12 offenses against laws or ordinances regulating the
18221822 13 movement of traffic shall be deemed sufficient cause for
18231823 14 the revocation, suspension, or cancellation of a
18241824 15 restricted driving permit. The Secretary of State may, as
18251825 16 a condition to the issuance of a restricted driving
18261826 17 permit, require the applicant to participate in a
18271827 18 designated driver remedial or rehabilitative program. The
18281828 19 Secretary of State is authorized to cancel a restricted
18291829 20 driving permit if the permit holder does not successfully
18301830 21 complete the program.
18311831 22 (F) A person subject to the provisions of paragraph 4
18321832 23 of subsection (b) of Section 6-208 of this Code may make
18331833 24 application for a restricted driving permit at a hearing
18341834 25 conducted under Section 2-118 of this Code after the
18351835 26 expiration of 5 years from the effective date of the most
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18461846 1 recent revocation or after 5 years from the date of
18471847 2 release from a period of imprisonment resulting from a
18481848 3 conviction of the most recent offense, whichever is later,
18491849 4 provided the person, in addition to all other requirements
18501850 5 of the Secretary, shows by clear and convincing evidence:
18511851 6 (i) a minimum of 3 years of uninterrupted
18521852 7 abstinence from alcohol and the unlawful use or
18531853 8 consumption of cannabis under the Cannabis Control
18541854 9 Act, a controlled substance under the Illinois
18551855 10 Controlled Substances Act, an intoxicating compound
18561856 11 under the Use of Intoxicating Compounds Act, or
18571857 12 methamphetamine under the Methamphetamine Control and
18581858 13 Community Protection Act; and
18591859 14 (ii) the successful completion of any
18601860 15 rehabilitative treatment and involvement in any
18611861 16 ongoing rehabilitative activity that may be
18621862 17 recommended by a properly licensed service provider
18631863 18 according to an assessment of the person's alcohol or
18641864 19 drug use under Section 11-501.01 of this Code.
18651865 20 In determining whether an applicant is eligible for a
18661866 21 restricted driving permit under this subparagraph (F), the
18671867 22 Secretary may consider any relevant evidence, including,
18681868 23 but not limited to, testimony, affidavits, records, and
18691869 24 the results of regular alcohol or drug tests. Persons
18701870 25 subject to the provisions of paragraph 4 of subsection (b)
18711871 26 of Section 6-208 of this Code and who have been convicted
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18821882 1 of more than one violation of paragraph (3), paragraph
18831883 2 (4), or paragraph (5) of subsection (a) of Section 11-501
18841884 3 of this Code shall not be eligible to apply for a
18851885 4 restricted driving permit under this subparagraph (F).
18861886 5 A restricted driving permit issued under this
18871887 6 subparagraph (F) shall provide that the holder may only
18881888 7 operate motor vehicles equipped with an ignition interlock
18891889 8 device as required under paragraph (2) of subsection (c)
18901890 9 of Section 6-205 of this Code and subparagraph (A) of
18911891 10 paragraph 3 of subsection (c) of this Section. The
18921892 11 Secretary may revoke a restricted driving permit or amend
18931893 12 the conditions of a restricted driving permit issued under
18941894 13 this subparagraph (F) if the holder operates a vehicle
18951895 14 that is not equipped with an ignition interlock device, or
18961896 15 for any other reason authorized under this Code.
18971897 16 A restricted driving permit issued under this
18981898 17 subparagraph (F) shall be revoked, and the holder barred
18991899 18 from applying for or being issued a restricted driving
19001900 19 permit in the future, if the holder is convicted of a
19011901 20 violation of Section 11-501 of this Code, a similar
19021902 21 provision of a local ordinance, or a similar offense in
19031903 22 another state.
19041904 23 (c-3) In the case of a suspension under paragraph 43 of
19051905 24 subsection (a), reports received by the Secretary of State
19061906 25 under this Section shall, except during the actual time the
19071907 26 suspension is in effect, be privileged information and for use
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19181918 1 only by the courts, police officers, prosecuting authorities,
19191919 2 the driver licensing administrator of any other state, the
19201920 3 Secretary of State, or the parent or legal guardian of a driver
19211921 4 under the age of 18. However, beginning January 1, 2008, if the
19221922 5 person is a CDL holder, the suspension shall also be made
19231923 6 available to the driver licensing administrator of any other
19241924 7 state, the U.S. Department of Transportation, and the affected
19251925 8 driver or motor carrier or prospective motor carrier upon
19261926 9 request.
19271927 10 (c-4) In the case of a suspension under paragraph 43 of
19281928 11 subsection (a), the Secretary of State shall notify the person
19291929 12 by mail that his or her driving privileges and driver's
19301930 13 license will be suspended one month after the date of the
19311931 14 mailing of the notice.
19321932 15 (c-5) The Secretary of State may, as a condition of the
19331933 16 reissuance of a driver's license or permit to an applicant
19341934 17 whose driver's license or permit has been suspended before he
19351935 18 or she reached the age of 21 years pursuant to any of the
19361936 19 provisions of this Section, require the applicant to
19371937 20 participate in a driver remedial education course and be
19381938 21 retested under Section 6-109 of this Code.
19391939 22 (d) This Section is subject to the provisions of the
19401940 23 Driver License Compact.
19411941 24 (e) The Secretary of State shall not issue a restricted
19421942 25 driving permit to a person under the age of 16 years whose
19431943 26 driving privileges have been suspended or revoked under any
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19541954 1 provisions of this Code.
19551955 2 (f) In accordance with 49 CFR 384, the Secretary of State
19561956 3 may not issue a restricted driving permit for the operation of
19571957 4 a commercial motor vehicle to a person holding a CDL whose
19581958 5 driving privileges have been suspended, revoked, cancelled, or
19591959 6 disqualified under any provisions of this Code.
19601960 7 (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
19611961 8 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
19621962 9 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
19631963 10 eff. 5-13-22; revised 12-14-22.)
19641964 11 (Text of Section after amendment by P.A. 102-982)
19651965 12 Sec. 6-206. Discretionary authority to suspend or revoke
19661966 13 license or permit; right to a hearing.
19671967 14 (a) The Secretary of State is authorized to suspend or
19681968 15 revoke the driving privileges of any person without
19691969 16 preliminary hearing upon a showing of the person's records or
19701970 17 other sufficient evidence that the person:
19711971 18 1. Has committed an offense for which mandatory
19721972 19 revocation of a driver's license or permit is required
19731973 20 upon conviction;
19741974 21 2. Has been convicted of not less than 3 offenses
19751975 22 against traffic regulations governing the movement of
19761976 23 vehicles committed within any 12-month period. No
19771977 24 revocation or suspension shall be entered more than 6
19781978 25 months after the date of last conviction;
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19891989 1 3. Has been repeatedly involved as a driver in motor
19901990 2 vehicle collisions or has been repeatedly convicted of
19911991 3 offenses against laws and ordinances regulating the
19921992 4 movement of traffic, to a degree that indicates lack of
19931993 5 ability to exercise ordinary and reasonable care in the
19941994 6 safe operation of a motor vehicle or disrespect for the
19951995 7 traffic laws and the safety of other persons upon the
19961996 8 highway;
19971997 9 4. Has by the unlawful operation of a motor vehicle
19981998 10 caused or contributed to a crash resulting in injury
19991999 11 requiring immediate professional treatment in a medical
20002000 12 facility or doctor's office to any person, except that any
20012001 13 suspension or revocation imposed by the Secretary of State
20022002 14 under the provisions of this subsection shall start no
20032003 15 later than 6 months after being convicted of violating a
20042004 16 law or ordinance regulating the movement of traffic, which
20052005 17 violation is related to the crash, or shall start not more
20062006 18 than one year after the date of the crash, whichever date
20072007 19 occurs later;
20082008 20 5. Has permitted an unlawful or fraudulent use of a
20092009 21 driver's license, identification card, or permit;
20102010 22 6. Has been lawfully convicted of an offense or
20112011 23 offenses in another state, including the authorization
20122012 24 contained in Section 6-203.1, which if committed within
20132013 25 this State would be grounds for suspension or revocation;
20142014 26 7. Has refused or failed to submit to an examination
20152015
20162016
20172017
20182018
20192019
20202020 SB1514 - 55 - LRB103 28930 MXP 55316 b
20212021
20222022
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20252025 1 provided for by Section 6-207 or has failed to pass the
20262026 2 examination;
20272027 3 8. Is ineligible for a driver's license or permit
20282028 4 under the provisions of Section 6-103;
20292029 5 9. Has made a false statement or knowingly concealed a
20302030 6 material fact or has used false information or
20312031 7 identification in any application for a license,
20322032 8 identification card, or permit;
20332033 9 10. Has possessed, displayed, or attempted to
20342034 10 fraudulently use any license, identification card, or
20352035 11 permit not issued to the person;
20362036 12 11. Has operated a motor vehicle upon a highway of
20372037 13 this State when the person's driving privilege or
20382038 14 privilege to obtain a driver's license or permit was
20392039 15 revoked or suspended unless the operation was authorized
20402040 16 by a monitoring device driving permit, judicial driving
20412041 17 permit issued prior to January 1, 2009, probationary
20422042 18 license to drive, or restricted driving permit issued
20432043 19 under this Code;
20442044 20 12. Has submitted to any portion of the application
20452045 21 process for another person or has obtained the services of
20462046 22 another person to submit to any portion of the application
20472047 23 process for the purpose of obtaining a license,
20482048 24 identification card, or permit for some other person;
20492049 25 13. Has operated a motor vehicle upon a highway of
20502050 26 this State when the person's driver's license or permit
20512051
20522052
20532053
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20572057
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20612061 1 was invalid under the provisions of Sections 6-107.1 and
20622062 2 6-110;
20632063 3 14. Has committed a violation of Section 6-301,
20642064 4 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
20652065 5 14B of the Illinois Identification Card Act or a similar
20662066 6 offense in another state if, at the time of the offense,
20672067 7 the person held an Illinois driver's license or
20682068 8 identification card;
20692069 9 15. Has been convicted of violating Section 21-2 of
20702070 10 the Criminal Code of 1961 or the Criminal Code of 2012
20712071 11 relating to criminal trespass to vehicles if the person
20722072 12 exercised actual physical control over the vehicle during
20732073 13 the commission of the offense, in which case the
20742074 14 suspension shall be for one year;
20752075 15 16. Has been convicted of violating Section 11-204 of
20762076 16 this Code relating to fleeing from a peace officer;
20772077 17 17. Has refused to submit to a test, or tests, as
20782078 18 required under Section 11-501.1 of this Code and the
20792079 19 person has not sought a hearing as provided for in Section
20802080 20 11-501.1;
20812081 21 18. (Blank);
20822082 22 19. Has committed a violation of paragraph (a) or (b)
20832083 23 of Section 6-101 relating to driving without a driver's
20842084 24 license;
20852085 25 20. Has been convicted of violating Section 6-104
20862086 26 relating to classification of driver's license;
20872087
20882088
20892089
20902090
20912091
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20932093
20942094
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20962096 SB1514 - 58 - LRB103 28930 MXP 55316 b
20972097 1 21. Has been convicted of violating Section 11-402 of
20982098 2 this Code relating to leaving the scene of a crash
20992099 3 resulting in damage to a vehicle in excess of $1,000, in
21002100 4 which case the suspension shall be for one year;
21012101 5 22. Has used a motor vehicle in violating paragraph
21022102 6 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
21032103 7 the Criminal Code of 1961 or the Criminal Code of 2012
21042104 8 relating to unlawful use of weapons, in which case the
21052105 9 suspension shall be for one year;
21062106 10 23. Has, as a driver, been convicted of committing a
21072107 11 violation of paragraph (a) of Section 11-502 of this Code
21082108 12 for a second or subsequent time within one year of a
21092109 13 similar violation;
21102110 14 24. Has been convicted by a court-martial or punished
21112111 15 by non-judicial punishment by military authorities of the
21122112 16 United States at a military installation in Illinois or in
21132113 17 another state of or for a traffic-related offense that is
21142114 18 the same as or similar to an offense specified under
21152115 19 Section 6-205 or 6-206 of this Code;
21162116 20 25. Has permitted any form of identification to be
21172117 21 used by another in the application process in order to
21182118 22 obtain or attempt to obtain a license, identification
21192119 23 card, or permit;
21202120 24 26. Has altered or attempted to alter a license or has
21212121 25 possessed an altered license, identification card, or
21222122 26 permit;
21232123
21242124
21252125
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21302130
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21322132 SB1514 - 59 - LRB103 28930 MXP 55316 b
21332133 1 27. (Blank);
21342134 2 28. Has been convicted for a first time of the illegal
21352135 3 possession, while operating or in actual physical control,
21362136 4 as a driver, of a motor vehicle, of any controlled
21372137 5 substance prohibited under the Illinois Controlled
21382138 6 Substances Act, any cannabis prohibited under the Cannabis
21392139 7 Control Act, or any methamphetamine prohibited under the
21402140 8 Methamphetamine Control and Community Protection Act, in
21412141 9 which case the person's driving privileges shall be
21422142 10 suspended for one year. Any defendant found guilty of this
21432143 11 offense while operating a motor vehicle shall have an
21442144 12 entry made in the court record by the presiding judge that
21452145 13 this offense did occur while the defendant was operating a
21462146 14 motor vehicle and order the clerk of the court to report
21472147 15 the violation to the Secretary of State;
21482148 16 29. Has been convicted of the following offenses that
21492149 17 were committed while the person was operating or in actual
21502150 18 physical control, as a driver, of a motor vehicle:
21512151 19 criminal sexual assault, predatory criminal sexual assault
21522152 20 of a child, aggravated criminal sexual assault, criminal
21532153 21 sexual abuse, aggravated criminal sexual abuse, juvenile
21542154 22 pimping, soliciting for a juvenile prostitute, promoting
21552155 23 juvenile prostitution as described in subdivision (a)(1),
21562156 24 (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
21572157 25 of 1961 or the Criminal Code of 2012, and the manufacture,
21582158 26 sale or delivery of controlled substances or instruments
21592159
21602160
21612161
21622162
21632163
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21692169 1 used for illegal drug use or abuse in which case the
21702170 2 driver's driving privileges shall be suspended for one
21712171 3 year;
21722172 4 30. Has been convicted a second or subsequent time for
21732173 5 any combination of the offenses named in paragraph 29 of
21742174 6 this subsection, in which case the person's driving
21752175 7 privileges shall be suspended for 5 years;
21762176 8 31. Has refused to submit to a test as required by
21772177 9 Section 11-501.6 of this Code or Section 5-16c of the Boat
21782178 10 Registration and Safety Act or has submitted to a test
21792179 11 resulting in an alcohol concentration of 0.08 or more or
21802180 12 any amount of a drug, substance, or compound resulting
21812181 13 from the unlawful use or consumption of cannabis as listed
21822182 14 in the Cannabis Control Act, a controlled substance as
21832183 15 listed in the Illinois Controlled Substances Act, an
21842184 16 intoxicating compound as listed in the Use of Intoxicating
21852185 17 Compounds Act, or methamphetamine as listed in the
21862186 18 Methamphetamine Control and Community Protection Act, in
21872187 19 which case the penalty shall be as prescribed in Section
21882188 20 6-208.1;
21892189 21 32. Has been convicted of Section 24-1.2 of the
21902190 22 Criminal Code of 1961 or the Criminal Code of 2012
21912191 23 relating to the aggravated discharge of a firearm if the
21922192 24 offender was located in a motor vehicle at the time the
21932193 25 firearm was discharged, in which case the suspension shall
21942194 26 be for 3 years;
21952195
21962196
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22052205 1 33. Has as a driver, who was less than 21 years of age
22062206 2 on the date of the offense, been convicted a first time of
22072207 3 a violation of paragraph (a) of Section 11-502 of this
22082208 4 Code or a similar provision of a local ordinance;
22092209 5 34. Has committed a violation of Section 11-1301.5 of
22102210 6 this Code or a similar provision of a local ordinance;
22112211 7 35. Has committed a violation of Section 11-1301.6 of
22122212 8 this Code or a similar provision of a local ordinance;
22132213 9 36. Is under the age of 21 years at the time of arrest
22142214 10 and has been convicted of not less than 2 offenses against
22152215 11 traffic regulations governing the movement of vehicles
22162216 12 committed within any 24-month period. No revocation or
22172217 13 suspension shall be entered more than 6 months after the
22182218 14 date of last conviction;
22192219 15 37. Has committed a violation of subsection (c) of
22202220 16 Section 11-907 of this Code that resulted in damage to the
22212221 17 property of another or the death or injury of another;
22222222 18 38. Has been convicted of a violation of Section 6-20
22232223 19 of the Liquor Control Act of 1934 or a similar provision of
22242224 20 a local ordinance and the person was an occupant of a motor
22252225 21 vehicle at the time of the violation;
22262226 22 39. Has committed a second or subsequent violation of
22272227 23 Section 11-1201 of this Code;
22282228 24 40. Has committed a violation of subsection (a-1) of
22292229 25 Section 11-908 of this Code;
22302230 26 41. Has committed a second or subsequent violation of
22312231
22322232
22332233
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22372237
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22412241 1 Section 11-605.1 of this Code, a similar provision of a
22422242 2 local ordinance, or a similar violation in any other state
22432243 3 within 2 years of the date of the previous violation, in
22442244 4 which case the suspension shall be for 90 days;
22452245 5 42. Has committed a violation of subsection (a-1) of
22462246 6 Section 11-1301.3 of this Code or a similar provision of a
22472247 7 local ordinance;
22482248 8 43. Has received a disposition of court supervision
22492249 9 for a violation of subsection (a), (d), or (e) of Section
22502250 10 6-20 of the Liquor Control Act of 1934 or a similar
22512251 11 provision of a local ordinance and the person was an
22522252 12 occupant of a motor vehicle at the time of the violation,
22532253 13 in which case the suspension shall be for a period of 3
22542254 14 months;
22552255 15 44. Is under the age of 21 years at the time of arrest
22562256 16 and has been convicted of an offense against traffic
22572257 17 regulations governing the movement of vehicles after
22582258 18 having previously had his or her driving privileges
22592259 19 suspended or revoked pursuant to subparagraph 36 of this
22602260 20 Section;
22612261 21 45. Has, in connection with or during the course of a
22622262 22 formal hearing conducted under Section 2-118 of this Code:
22632263 23 (i) committed perjury; (ii) submitted fraudulent or
22642264 24 falsified documents; (iii) submitted documents that have
22652265 25 been materially altered; or (iv) submitted, as his or her
22662266 26 own, documents that were in fact prepared or composed for
22672267
22682268
22692269
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22772277 1 another person;
22782278 2 46. Has committed a violation of subsection (j) of
22792279 3 Section 3-413 of this Code;
22802280 4 47. Has committed a violation of subsection (a) of
22812281 5 Section 11-502.1 of this Code;
22822282 6 48. Has submitted a falsified or altered medical
22832283 7 examiner's certificate to the Secretary of State or
22842284 8 provided false information to obtain a medical examiner's
22852285 9 certificate;
22862286 10 49. Has been convicted of a violation of Section
22872287 11 11-1002 or 11-1002.5 that resulted in a Type A injury to
22882288 12 another, in which case the driving privileges of the
22892289 13 person shall be suspended for 12 months;
22902290 14 50. Has committed a violation of subsection (b-5) of
22912291 15 Section 12-610.2 that resulted in great bodily harm,
22922292 16 permanent disability, or disfigurement, in which case the
22932293 17 driving privileges of the person shall be suspended for 12
22942294 18 months;
22952295 19 51. Has committed a violation of Section 10-15 Of the
22962296 20 Cannabis Regulation and Tax Act or a similar provision of
22972297 21 a local ordinance while in a motor vehicle; or
22982298 22 52. Has committed a violation of subsection (b) of
22992299 23 Section 10-20 of the Cannabis Regulation and Tax Act or a
23002300 24 similar provision of a local ordinance.
23012301 25 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
23022302 26 and 27 of this subsection, license means any driver's license,
23032303
23042304
23052305
23062306
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23132313 1 any traffic ticket issued when the person's driver's license
23142314 2 is deposited in lieu of bail, a suspension notice issued by the
23152315 3 Secretary of State, a duplicate or corrected driver's license
23162316 4 or , a probationary driver's license, or a temporary driver's
23172317 5 license.
23182318 6 (b) If any conviction forming the basis of a suspension or
23192319 7 revocation authorized under this Section is appealed, the
23202320 8 Secretary of State may rescind or withhold the entry of the
23212321 9 order of suspension or revocation, as the case may be,
23222322 10 provided that a certified copy of a stay order of a court is
23232323 11 filed with the Secretary of State. If the conviction is
23242324 12 affirmed on appeal, the date of the conviction shall relate
23252325 13 back to the time the original judgment of conviction was
23262326 14 entered and the 6-month limitation prescribed shall not apply.
23272327 15 (c) 1. Upon suspending or revoking the driver's license or
23282328 16 permit of any person as authorized in this Section, the
23292329 17 Secretary of State shall immediately notify the person in
23302330 18 writing of the revocation or suspension. The notice to be
23312331 19 deposited in the United States mail, postage prepaid, to the
23322332 20 last known address of the person.
23332333 21 2. If the Secretary of State suspends the driver's license
23342334 22 of a person under subsection 2 of paragraph (a) of this
23352335 23 Section, a person's privilege to operate a vehicle as an
23362336 24 occupation shall not be suspended, provided an affidavit is
23372337 25 properly completed, the appropriate fee received, and a permit
23382338 26 issued prior to the effective date of the suspension, unless 5
23392339
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23492349 1 offenses were committed, at least 2 of which occurred while
23502350 2 operating a commercial vehicle in connection with the driver's
23512351 3 regular occupation. All other driving privileges shall be
23522352 4 suspended by the Secretary of State. Any driver prior to
23532353 5 operating a vehicle for occupational purposes only must submit
23542354 6 the affidavit on forms to be provided by the Secretary of State
23552355 7 setting forth the facts of the person's occupation. The
23562356 8 affidavit shall also state the number of offenses committed
23572357 9 while operating a vehicle in connection with the driver's
23582358 10 regular occupation. The affidavit shall be accompanied by the
23592359 11 driver's license. Upon receipt of a properly completed
23602360 12 affidavit, the Secretary of State shall issue the driver a
23612361 13 permit to operate a vehicle in connection with the driver's
23622362 14 regular occupation only. Unless the permit is issued by the
23632363 15 Secretary of State prior to the date of suspension, the
23642364 16 privilege to drive any motor vehicle shall be suspended as set
23652365 17 forth in the notice that was mailed under this Section. If an
23662366 18 affidavit is received subsequent to the effective date of this
23672367 19 suspension, a permit may be issued for the remainder of the
23682368 20 suspension period.
23692369 21 The provisions of this subparagraph shall not apply to any
23702370 22 driver required to possess a CDL for the purpose of operating a
23712371 23 commercial motor vehicle.
23722372 24 Any person who falsely states any fact in the affidavit
23732373 25 required herein shall be guilty of perjury under Section 6-302
23742374 26 and upon conviction thereof shall have all driving privileges
23752375
23762376
23772377
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23852385 1 revoked without further rights.
23862386 2 3. At the conclusion of a hearing under Section 2-118 of
23872387 3 this Code, the Secretary of State shall either rescind or
23882388 4 continue an order of revocation or shall substitute an order
23892389 5 of suspension; or, good cause appearing therefor, rescind,
23902390 6 continue, change, or extend the order of suspension. If the
23912391 7 Secretary of State does not rescind the order, the Secretary
23922392 8 may upon application, to relieve undue hardship (as defined by
23932393 9 the rules of the Secretary of State), issue a restricted
23942394 10 driving permit granting the privilege of driving a motor
23952395 11 vehicle between the petitioner's residence and petitioner's
23962396 12 place of employment or within the scope of the petitioner's
23972397 13 employment-related duties, or to allow the petitioner to
23982398 14 transport himself or herself, or a family member of the
23992399 15 petitioner's household to a medical facility, to receive
24002400 16 necessary medical care, to allow the petitioner to transport
24012401 17 himself or herself to and from alcohol or drug remedial or
24022402 18 rehabilitative activity recommended by a licensed service
24032403 19 provider, or to allow the petitioner to transport himself or
24042404 20 herself or a family member of the petitioner's household to
24052405 21 classes, as a student, at an accredited educational
24062406 22 institution, or to allow the petitioner to transport children,
24072407 23 elderly persons, or persons with disabilities who do not hold
24082408 24 driving privileges and are living in the petitioner's
24092409 25 household to and from daycare. The petitioner must demonstrate
24102410 26 that no alternative means of transportation is reasonably
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24212421 1 available and that the petitioner will not endanger the public
24222422 2 safety or welfare.
24232423 3 (A) If a person's license or permit is revoked or
24242424 4 suspended due to 2 or more convictions of violating
24252425 5 Section 11-501 of this Code or a similar provision of a
24262426 6 local ordinance or a similar out-of-state offense, or
24272427 7 Section 9-3 of the Criminal Code of 1961 or the Criminal
24282428 8 Code of 2012, where the use of alcohol or other drugs is
24292429 9 recited as an element of the offense, or a similar
24302430 10 out-of-state offense, or a combination of these offenses,
24312431 11 arising out of separate occurrences, that person, if
24322432 12 issued a restricted driving permit, may not operate a
24332433 13 vehicle unless it has been equipped with an ignition
24342434 14 interlock device as defined in Section 1-129.1.
24352435 15 (B) If a person's license or permit is revoked or
24362436 16 suspended 2 or more times due to any combination of:
24372437 17 (i) a single conviction of violating Section
24382438 18 11-501 of this Code or a similar provision of a local
24392439 19 ordinance or a similar out-of-state offense or Section
24402440 20 9-3 of the Criminal Code of 1961 or the Criminal Code
24412441 21 of 2012, where the use of alcohol or other drugs is
24422442 22 recited as an element of the offense, or a similar
24432443 23 out-of-state offense; or
24442444 24 (ii) a statutory summary suspension or revocation
24452445 25 under Section 11-501.1; or
24462446 26 (iii) a suspension under Section 6-203.1;
24472447
24482448
24492449
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24572457 1 arising out of separate occurrences; that person, if
24582458 2 issued a restricted driving permit, may not operate a
24592459 3 vehicle unless it has been equipped with an ignition
24602460 4 interlock device as defined in Section 1-129.1.
24612461 5 (B-5) If a person's license or permit is revoked or
24622462 6 suspended due to a conviction for a violation of
24632463 7 subparagraph (C) or (F) of paragraph (1) of subsection (d)
24642464 8 of Section 11-501 of this Code, or a similar provision of a
24652465 9 local ordinance or similar out-of-state offense, that
24662466 10 person, if issued a restricted driving permit, may not
24672467 11 operate a vehicle unless it has been equipped with an
24682468 12 ignition interlock device as defined in Section 1-129.1.
24692469 13 (C) The person issued a permit conditioned upon the
24702470 14 use of an ignition interlock device must pay to the
24712471 15 Secretary of State DUI Administration Fund an amount not
24722472 16 to exceed $30 per month. The Secretary shall establish by
24732473 17 rule the amount and the procedures, terms, and conditions
24742474 18 relating to these fees.
24752475 19 (D) If the restricted driving permit is issued for
24762476 20 employment purposes, then the prohibition against
24772477 21 operating a motor vehicle that is not equipped with an
24782478 22 ignition interlock device does not apply to the operation
24792479 23 of an occupational vehicle owned or leased by that
24802480 24 person's employer when used solely for employment
24812481 25 purposes. For any person who, within a 5-year period, is
24822482 26 convicted of a second or subsequent offense under Section
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24852485
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24932493 1 11-501 of this Code, or a similar provision of a local
24942494 2 ordinance or similar out-of-state offense, this employment
24952495 3 exemption does not apply until either a one-year period
24962496 4 has elapsed during which that person had his or her
24972497 5 driving privileges revoked or a one-year period has
24982498 6 elapsed during which that person had a restricted driving
24992499 7 permit which required the use of an ignition interlock
25002500 8 device on every motor vehicle owned or operated by that
25012501 9 person.
25022502 10 (E) In each case the Secretary may issue a restricted
25032503 11 driving permit for a period deemed appropriate, except
25042504 12 that all permits shall expire no later than 2 years from
25052505 13 the date of issuance. A restricted driving permit issued
25062506 14 under this Section shall be subject to cancellation,
25072507 15 revocation, and suspension by the Secretary of State in
25082508 16 like manner and for like cause as a driver's license
25092509 17 issued under this Code may be cancelled, revoked, or
25102510 18 suspended; except that a conviction upon one or more
25112511 19 offenses against laws or ordinances regulating the
25122512 20 movement of traffic shall be deemed sufficient cause for
25132513 21 the revocation, suspension, or cancellation of a
25142514 22 restricted driving permit. The Secretary of State may, as
25152515 23 a condition to the issuance of a restricted driving
25162516 24 permit, require the applicant to participate in a
25172517 25 designated driver remedial or rehabilitative program. The
25182518 26 Secretary of State is authorized to cancel a restricted
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25292529 1 driving permit if the permit holder does not successfully
25302530 2 complete the program.
25312531 3 (F) A person subject to the provisions of paragraph 4
25322532 4 of subsection (b) of Section 6-208 of this Code may make
25332533 5 application for a restricted driving permit at a hearing
25342534 6 conducted under Section 2-118 of this Code after the
25352535 7 expiration of 5 years from the effective date of the most
25362536 8 recent revocation or after 5 years from the date of
25372537 9 release from a period of imprisonment resulting from a
25382538 10 conviction of the most recent offense, whichever is later,
25392539 11 provided the person, in addition to all other requirements
25402540 12 of the Secretary, shows by clear and convincing evidence:
25412541 13 (i) a minimum of 3 years of uninterrupted
25422542 14 abstinence from alcohol and the unlawful use or
25432543 15 consumption of cannabis under the Cannabis Control
25442544 16 Act, a controlled substance under the Illinois
25452545 17 Controlled Substances Act, an intoxicating compound
25462546 18 under the Use of Intoxicating Compounds Act, or
25472547 19 methamphetamine under the Methamphetamine Control and
25482548 20 Community Protection Act; and
25492549 21 (ii) the successful completion of any
25502550 22 rehabilitative treatment and involvement in any
25512551 23 ongoing rehabilitative activity that may be
25522552 24 recommended by a properly licensed service provider
25532553 25 according to an assessment of the person's alcohol or
25542554 26 drug use under Section 11-501.01 of this Code.
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25652565 1 In determining whether an applicant is eligible for a
25662566 2 restricted driving permit under this subparagraph (F), the
25672567 3 Secretary may consider any relevant evidence, including,
25682568 4 but not limited to, testimony, affidavits, records, and
25692569 5 the results of regular alcohol or drug tests. Persons
25702570 6 subject to the provisions of paragraph 4 of subsection (b)
25712571 7 of Section 6-208 of this Code and who have been convicted
25722572 8 of more than one violation of paragraph (3), paragraph
25732573 9 (4), or paragraph (5) of subsection (a) of Section 11-501
25742574 10 of this Code shall not be eligible to apply for a
25752575 11 restricted driving permit under this subparagraph (F).
25762576 12 A restricted driving permit issued under this
25772577 13 subparagraph (F) shall provide that the holder may only
25782578 14 operate motor vehicles equipped with an ignition interlock
25792579 15 device as required under paragraph (2) of subsection (c)
25802580 16 of Section 6-205 of this Code and subparagraph (A) of
25812581 17 paragraph 3 of subsection (c) of this Section. The
25822582 18 Secretary may revoke a restricted driving permit or amend
25832583 19 the conditions of a restricted driving permit issued under
25842584 20 this subparagraph (F) if the holder operates a vehicle
25852585 21 that is not equipped with an ignition interlock device, or
25862586 22 for any other reason authorized under this Code.
25872587 23 A restricted driving permit issued under this
25882588 24 subparagraph (F) shall be revoked, and the holder barred
25892589 25 from applying for or being issued a restricted driving
25902590 26 permit in the future, if the holder is convicted of a
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26012601 1 violation of Section 11-501 of this Code, a similar
26022602 2 provision of a local ordinance, or a similar offense in
26032603 3 another state.
26042604 4 (c-3) In the case of a suspension under paragraph 43 of
26052605 5 subsection (a), reports received by the Secretary of State
26062606 6 under this Section shall, except during the actual time the
26072607 7 suspension is in effect, be privileged information and for use
26082608 8 only by the courts, police officers, prosecuting authorities,
26092609 9 the driver licensing administrator of any other state, the
26102610 10 Secretary of State, or the parent or legal guardian of a driver
26112611 11 under the age of 18. However, beginning January 1, 2008, if the
26122612 12 person is a CDL holder, the suspension shall also be made
26132613 13 available to the driver licensing administrator of any other
26142614 14 state, the U.S. Department of Transportation, and the affected
26152615 15 driver or motor carrier or prospective motor carrier upon
26162616 16 request.
26172617 17 (c-4) In the case of a suspension under paragraph 43 of
26182618 18 subsection (a), the Secretary of State shall notify the person
26192619 19 by mail that his or her driving privileges and driver's
26202620 20 license will be suspended one month after the date of the
26212621 21 mailing of the notice.
26222622 22 (c-5) The Secretary of State may, as a condition of the
26232623 23 reissuance of a driver's license or permit to an applicant
26242624 24 whose driver's license or permit has been suspended before he
26252625 25 or she reached the age of 21 years pursuant to any of the
26262626 26 provisions of this Section, require the applicant to
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26372637 1 participate in a driver remedial education course and be
26382638 2 retested under Section 6-109 of this Code.
26392639 3 (d) This Section is subject to the provisions of the
26402640 4 Driver License Compact.
26412641 5 (e) The Secretary of State shall not issue a restricted
26422642 6 driving permit to a person under the age of 16 years whose
26432643 7 driving privileges have been suspended or revoked under any
26442644 8 provisions of this Code.
26452645 9 (f) In accordance with 49 CFR 384, the Secretary of State
26462646 10 may not issue a restricted driving permit for the operation of
26472647 11 a commercial motor vehicle to a person holding a CDL whose
26482648 12 driving privileges have been suspended, revoked, cancelled, or
26492649 13 disqualified under any provisions of this Code.
26502650 14 (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
26512651 15 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
26522652 16 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
26532653 17 eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.)
26542654 18 Section 95. No acceleration or delay. Where this Act makes
26552655 19 changes in a statute that is represented in this Act by text
26562656 20 that is not yet or no longer in effect (for example, a Section
26572657 21 represented by multiple versions), the use of that text does
26582658 22 not accelerate or delay the taking effect of (i) the changes
26592659 23 made by this Act or (ii) provisions derived from any other
26602660 24 Public Act.
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