Illinois 2025-2026 Regular Session

Illinois House Bill HB3863 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3863 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-205 Amends the Illinois Vehicle Code. In provisions requiring the Secretary of State to immediately revoke the license, permit, or driving privileges of a driver upon receiving a report of the driver's conviction of certain offenses regulating the movement of traffic when that offense was the proximate cause of the death of a person, provides that the Secretary is not required to immediately revoke the license, permit, or driving privileges of the driver if the circuit court in which the conviction was entered makes a finding that the driver's retention of a license, a permit, or driving privileges does not endanger the public. LRB104 12336 LNS 22514 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3863 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-205 625 ILCS 5/6-205 Amends the Illinois Vehicle Code. In provisions requiring the Secretary of State to immediately revoke the license, permit, or driving privileges of a driver upon receiving a report of the driver's conviction of certain offenses regulating the movement of traffic when that offense was the proximate cause of the death of a person, provides that the Secretary is not required to immediately revoke the license, permit, or driving privileges of the driver if the circuit court in which the conviction was entered makes a finding that the driver's retention of a license, a permit, or driving privileges does not endanger the public. LRB104 12336 LNS 22514 b LRB104 12336 LNS 22514 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3863 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
33 625 ILCS 5/6-205 625 ILCS 5/6-205
44 625 ILCS 5/6-205
55 Amends the Illinois Vehicle Code. In provisions requiring the Secretary of State to immediately revoke the license, permit, or driving privileges of a driver upon receiving a report of the driver's conviction of certain offenses regulating the movement of traffic when that offense was the proximate cause of the death of a person, provides that the Secretary is not required to immediately revoke the license, permit, or driving privileges of the driver if the circuit court in which the conviction was entered makes a finding that the driver's retention of a license, a permit, or driving privileges does not endanger the public.
66 LRB104 12336 LNS 22514 b LRB104 12336 LNS 22514 b
77 LRB104 12336 LNS 22514 b
88 A BILL FOR
99 HB3863LRB104 12336 LNS 22514 b HB3863 LRB104 12336 LNS 22514 b
1010 HB3863 LRB104 12336 LNS 22514 b
1111 1 AN ACT concerning transportation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Vehicle Code is amended by
1515 5 changing Section 6-205 as follows:
1616 6 (625 ILCS 5/6-205)
1717 7 Sec. 6-205. Mandatory revocation of license or permit;
1818 8 hardship cases.
1919 9 (a) Except as provided in this Section, the Secretary of
2020 10 State shall immediately revoke the license, permit, or driving
2121 11 privileges of any driver upon receiving a report of the
2222 12 driver's conviction of any of the following offenses:
2323 13 1. Reckless homicide resulting from the operation of a
2424 14 motor vehicle;
2525 15 2. Violation of Section 11-501 of this Code or a
2626 16 similar provision of a local ordinance relating to the
2727 17 offense of operating or being in physical control of a
2828 18 vehicle while under the influence of alcohol, other drug
2929 19 or drugs, intoxicating compound or compounds, or any
3030 20 combination thereof;
3131 21 3. Any felony under the laws of any State or the
3232 22 federal government in the commission of which a motor
3333 23 vehicle was used;
3434
3535
3636
3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3863 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
3838 625 ILCS 5/6-205 625 ILCS 5/6-205
3939 625 ILCS 5/6-205
4040 Amends the Illinois Vehicle Code. In provisions requiring the Secretary of State to immediately revoke the license, permit, or driving privileges of a driver upon receiving a report of the driver's conviction of certain offenses regulating the movement of traffic when that offense was the proximate cause of the death of a person, provides that the Secretary is not required to immediately revoke the license, permit, or driving privileges of the driver if the circuit court in which the conviction was entered makes a finding that the driver's retention of a license, a permit, or driving privileges does not endanger the public.
4141 LRB104 12336 LNS 22514 b LRB104 12336 LNS 22514 b
4242 LRB104 12336 LNS 22514 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 625 ILCS 5/6-205
5050
5151
5252
5353 LRB104 12336 LNS 22514 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 HB3863 LRB104 12336 LNS 22514 b
6464
6565
6666 HB3863- 2 -LRB104 12336 LNS 22514 b HB3863 - 2 - LRB104 12336 LNS 22514 b
6767 HB3863 - 2 - LRB104 12336 LNS 22514 b
6868 1 4. Violation of Section 11-401 of this Code relating
6969 2 to the offense of leaving the scene of a traffic crash
7070 3 involving death or personal injury;
7171 4 5. Perjury or the making of a false affidavit or
7272 5 statement under oath to the Secretary of State under this
7373 6 Code or under any other law relating to the ownership or
7474 7 operation of motor vehicles;
7575 8 6. Conviction upon 3 charges of violation of Section
7676 9 11-503 of this Code relating to the offense of reckless
7777 10 driving committed within a period of 12 months;
7878 11 7. Conviction of any offense defined in Section 4-102
7979 12 of this Code if the person exercised actual physical
8080 13 control over the vehicle during the commission of the
8181 14 offense;
8282 15 8. Violation of Section 11-504 of this Code relating
8383 16 to the offense of drag racing;
8484 17 9. Violation of Chapters 8 and 9 of this Code;
8585 18 10. Violation of Section 12-5 of the Criminal Code of
8686 19 1961 or the Criminal Code of 2012 arising from the use of a
8787 20 motor vehicle;
8888 21 11. Violation of Section 11-204.1 of this Code
8989 22 relating to aggravated fleeing or attempting to elude a
9090 23 peace officer;
9191 24 12. Violation of paragraph (1) of subsection (b) of
9292 25 Section 6-507, or a similar law of any other state,
9393 26 relating to the unlawful operation of a commercial motor
9494
9595
9696
9797
9898
9999 HB3863 - 2 - LRB104 12336 LNS 22514 b
100100
101101
102102 HB3863- 3 -LRB104 12336 LNS 22514 b HB3863 - 3 - LRB104 12336 LNS 22514 b
103103 HB3863 - 3 - LRB104 12336 LNS 22514 b
104104 1 vehicle;
105105 2 13. Violation of paragraph (a) of Section 11-502 of
106106 3 this Code or a similar provision of a local ordinance if
107107 4 the driver has been previously convicted of a violation of
108108 5 that Section or a similar provision of a local ordinance
109109 6 and the driver was less than 21 years of age at the time of
110110 7 the offense;
111111 8 14. Violation of paragraph (a) of Section 11-506 of
112112 9 this Code or a similar provision of a local ordinance
113113 10 relating to the offense of street racing;
114114 11 15. A second or subsequent conviction of driving while
115115 12 the person's driver's license, permit or privileges was
116116 13 revoked for reckless homicide or a similar out-of-state
117117 14 offense;
118118 15 16. Any offense against any provision in this Code, or
119119 16 any local ordinance, regulating the movement of traffic
120120 17 when that offense was the proximate cause of the death of
121121 18 any person, unless the circuit court in which the
122122 19 conviction was entered makes a finding that the driver's
123123 20 retention of a license, a permit, or driving privileges
124124 21 does not endanger the public. Any person whose driving
125125 22 privileges have been revoked pursuant to this paragraph
126126 23 may seek to have the revocation terminated or to have the
127127 24 length of revocation reduced by requesting an
128128 25 administrative hearing with the Secretary of State prior
129129 26 to the projected driver's license application eligibility
130130
131131
132132
133133
134134
135135 HB3863 - 3 - LRB104 12336 LNS 22514 b
136136
137137
138138 HB3863- 4 -LRB104 12336 LNS 22514 b HB3863 - 4 - LRB104 12336 LNS 22514 b
139139 HB3863 - 4 - LRB104 12336 LNS 22514 b
140140 1 date;
141141 2 17. Violation of subsection (a-2) of Section 11-1301.3
142142 3 of this Code or a similar provision of a local ordinance;
143143 4 18. A second or subsequent conviction of illegal
144144 5 possession, while operating or in actual physical control,
145145 6 as a driver, of a motor vehicle, of any controlled
146146 7 substance prohibited under the Illinois Controlled
147147 8 Substances Act, any cannabis prohibited under the Cannabis
148148 9 Control Act, or any methamphetamine prohibited under the
149149 10 Methamphetamine Control and Community Protection Act. A
150150 11 defendant found guilty of this offense while operating a
151151 12 motor vehicle shall have an entry made in the court record
152152 13 by the presiding judge that this offense did occur while
153153 14 the defendant was operating a motor vehicle and order the
154154 15 clerk of the court to report the violation to the
155155 16 Secretary of State;
156156 17 19. Violation of subsection (a) of Section 11-1414 of
157157 18 this Code, or a similar provision of a local ordinance,
158158 19 relating to the offense of overtaking or passing of a
159159 20 school bus when the driver, in committing the violation,
160160 21 is involved in a motor vehicle crash that results in death
161161 22 to another and the violation is a proximate cause of the
162162 23 death.
163163 24 (b) The Secretary of State shall also immediately revoke
164164 25 the license or permit of any driver in the following
165165 26 situations:
166166
167167
168168
169169
170170
171171 HB3863 - 4 - LRB104 12336 LNS 22514 b
172172
173173
174174 HB3863- 5 -LRB104 12336 LNS 22514 b HB3863 - 5 - LRB104 12336 LNS 22514 b
175175 HB3863 - 5 - LRB104 12336 LNS 22514 b
176176 1 1. Of any minor upon receiving the notice provided for
177177 2 in Section 5-901 of the Juvenile Court Act of 1987 that the
178178 3 minor has been adjudicated under that Act as having
179179 4 committed an offense relating to motor vehicles prescribed
180180 5 in Section 4-103 of this Code;
181181 6 2. Of any person when any other law of this State
182182 7 requires either the revocation or suspension of a license
183183 8 or permit;
184184 9 3. Of any person adjudicated under the Juvenile Court
185185 10 Act of 1987 based on an offense determined to have been
186186 11 committed in furtherance of the criminal activities of an
187187 12 organized gang as provided in Section 5-710 of that Act,
188188 13 and that involved the operation or use of a motor vehicle
189189 14 or the use of a driver's license or permit. The revocation
190190 15 shall remain in effect for the period determined by the
191191 16 court.
192192 17 (c)(1) Whenever a person is convicted of any of the
193193 18 offenses enumerated in this Section, the court may recommend
194194 19 and the Secretary of State in his discretion, without regard
195195 20 to whether the recommendation is made by the court may, upon
196196 21 application, issue to the person a restricted driving permit
197197 22 granting the privilege of driving a motor vehicle between the
198198 23 petitioner's residence and petitioner's place of employment or
199199 24 within the scope of the petitioner's employment related
200200 25 duties, or to allow the petitioner to transport himself or
201201 26 herself or a family member of the petitioner's household to a
202202
203203
204204
205205
206206
207207 HB3863 - 5 - LRB104 12336 LNS 22514 b
208208
209209
210210 HB3863- 6 -LRB104 12336 LNS 22514 b HB3863 - 6 - LRB104 12336 LNS 22514 b
211211 HB3863 - 6 - LRB104 12336 LNS 22514 b
212212 1 medical facility for the receipt of necessary medical care or
213213 2 to allow the petitioner to transport himself or herself to and
214214 3 from alcohol or drug remedial or rehabilitative activity
215215 4 recommended by a licensed service provider, or to allow the
216216 5 petitioner to transport himself or herself or a family member
217217 6 of the petitioner's household to classes, as a student, at an
218218 7 accredited educational institution, or to allow the petitioner
219219 8 to transport children, elderly persons, or persons with
220220 9 disabilities who do not hold driving privileges and are living
221221 10 in the petitioner's household to and from daycare; if the
222222 11 petitioner is able to demonstrate that no alternative means of
223223 12 transportation is reasonably available and that the petitioner
224224 13 will not endanger the public safety or welfare; provided that
225225 14 the Secretary's discretion shall be limited to cases where
226226 15 undue hardship, as defined by the rules of the Secretary of
227227 16 State, would result from a failure to issue the restricted
228228 17 driving permit.
229229 18 (1.5) A person subject to the provisions of paragraph 4 of
230230 19 subsection (b) of Section 6-208 of this Code may make
231231 20 application for a restricted driving permit at a hearing
232232 21 conducted under Section 2-118 of this Code after the
233233 22 expiration of 5 years from the effective date of the most
234234 23 recent revocation, or after 5 years from the date of release
235235 24 from a period of imprisonment resulting from a conviction of
236236 25 the most recent offense, whichever is later, provided the
237237 26 person, in addition to all other requirements of the
238238
239239
240240
241241
242242
243243 HB3863 - 6 - LRB104 12336 LNS 22514 b
244244
245245
246246 HB3863- 7 -LRB104 12336 LNS 22514 b HB3863 - 7 - LRB104 12336 LNS 22514 b
247247 HB3863 - 7 - LRB104 12336 LNS 22514 b
248248 1 Secretary, shows by clear and convincing evidence:
249249 2 (A) a minimum of 3 years of uninterrupted abstinence
250250 3 from alcohol and the unlawful use or consumption of
251251 4 cannabis under the Cannabis Control Act, a controlled
252252 5 substance under the Illinois Controlled Substances Act, an
253253 6 intoxicating compound under the Use of Intoxicating
254254 7 Compounds Act, or methamphetamine under the
255255 8 Methamphetamine Control and Community Protection Act; and
256256 9 (B) the successful completion of any rehabilitative
257257 10 treatment and involvement in any ongoing rehabilitative
258258 11 activity that may be recommended by a properly licensed
259259 12 service provider according to an assessment of the
260260 13 person's alcohol or drug use under Section 11-501.01 of
261261 14 this Code.
262262 15 In determining whether an applicant is eligible for a
263263 16 restricted driving permit under this paragraph (1.5), the
264264 17 Secretary may consider any relevant evidence, including, but
265265 18 not limited to, testimony, affidavits, records, and the
266266 19 results of regular alcohol or drug tests. Persons subject to
267267 20 the provisions of paragraph 4 of subsection (b) of Section
268268 21 6-208 of this Code and who have been convicted of more than one
269269 22 violation of paragraph (3), paragraph (4), or paragraph (5) of
270270 23 subsection (a) of Section 11-501 of this Code shall not be
271271 24 eligible to apply for a restricted driving permit.
272272 25 A restricted driving permit issued under this paragraph
273273 26 (1.5) shall provide that the holder may only operate motor
274274
275275
276276
277277
278278
279279 HB3863 - 7 - LRB104 12336 LNS 22514 b
280280
281281
282282 HB3863- 8 -LRB104 12336 LNS 22514 b HB3863 - 8 - LRB104 12336 LNS 22514 b
283283 HB3863 - 8 - LRB104 12336 LNS 22514 b
284284 1 vehicles equipped with an ignition interlock device as
285285 2 required under paragraph (2) of subsection (c) of this Section
286286 3 and subparagraph (A) of paragraph 3 of subsection (c) of
287287 4 Section 6-206 of this Code. The Secretary may revoke a
288288 5 restricted driving permit or amend the conditions of a
289289 6 restricted driving permit issued under this paragraph (1.5) if
290290 7 the holder operates a vehicle that is not equipped with an
291291 8 ignition interlock device, or for any other reason authorized
292292 9 under this Code.
293293 10 A restricted driving permit issued under this paragraph
294294 11 (1.5) shall be revoked, and the holder barred from applying
295295 12 for or being issued a restricted driving permit in the future,
296296 13 if the holder is subsequently convicted of a violation of
297297 14 Section 11-501 of this Code, a similar provision of a local
298298 15 ordinance, or a similar offense in another state.
299299 16 (2) If a person's license or permit is revoked or
300300 17 suspended due to 2 or more convictions of violating Section
301301 18 11-501 of this Code or a similar provision of a local ordinance
302302 19 or a similar out-of-state offense, or Section 9-3 of the
303303 20 Criminal Code of 1961 or the Criminal Code of 2012, where the
304304 21 use of alcohol or other drugs is recited as an element of the
305305 22 offense, or a similar out-of-state offense, or a combination
306306 23 of these offenses, arising out of separate occurrences, that
307307 24 person, if issued a restricted driving permit, may not operate
308308 25 a vehicle unless it has been equipped with an ignition
309309 26 interlock device as defined in Section 1-129.1.
310310
311311
312312
313313
314314
315315 HB3863 - 8 - LRB104 12336 LNS 22514 b
316316
317317
318318 HB3863- 9 -LRB104 12336 LNS 22514 b HB3863 - 9 - LRB104 12336 LNS 22514 b
319319 HB3863 - 9 - LRB104 12336 LNS 22514 b
320320 1 (3) If:
321321 2 (A) a person's license or permit is revoked or
322322 3 suspended 2 or more times due to any combination of:
323323 4 (i) a single conviction of violating Section
324324 5 11-501 of this Code or a similar provision of a local
325325 6 ordinance or a similar out-of-state offense, or
326326 7 Section 9-3 of the Criminal Code of 1961 or the
327327 8 Criminal Code of 2012, where the use of alcohol or
328328 9 other drugs is recited as an element of the offense, or
329329 10 a similar out-of-state offense; or
330330 11 (ii) a statutory summary suspension or revocation
331331 12 under Section 11-501.1; or
332332 13 (iii) a suspension pursuant to Section 6-203.1;
333333 14 arising out of separate occurrences; or
334334 15 (B) a person has been convicted of one violation of
335335 16 subparagraph (C) or (F) of paragraph (1) of subsection (d)
336336 17 of Section 11-501 of this Code, Section 9-3 of the
337337 18 Criminal Code of 1961 or the Criminal Code of 2012,
338338 19 relating to the offense of reckless homicide where the use
339339 20 of alcohol or other drugs was recited as an element of the
340340 21 offense, or a similar provision of a law of another state;
341341 22 that person, if issued a restricted driving permit, may not
342342 23 operate a vehicle unless it has been equipped with an ignition
343343 24 interlock device as defined in Section 1-129.1.
344344 25 (4) The person issued a permit conditioned on the use of an
345345 26 ignition interlock device must pay to the Secretary of State
346346
347347
348348
349349
350350
351351 HB3863 - 9 - LRB104 12336 LNS 22514 b
352352
353353
354354 HB3863- 10 -LRB104 12336 LNS 22514 b HB3863 - 10 - LRB104 12336 LNS 22514 b
355355 HB3863 - 10 - LRB104 12336 LNS 22514 b
356356 1 DUI Administration Fund an amount not to exceed $30 per month.
357357 2 The Secretary shall establish by rule the amount and the
358358 3 procedures, terms, and conditions relating to these fees.
359359 4 (5) If the restricted driving permit is issued for
360360 5 employment purposes, then the prohibition against operating a
361361 6 motor vehicle that is not equipped with an ignition interlock
362362 7 device does not apply to the operation of an occupational
363363 8 vehicle owned or leased by that person's employer when used
364364 9 solely for employment purposes. For any person who, within a
365365 10 5-year period, is convicted of a second or subsequent offense
366366 11 under Section 11-501 of this Code, or a similar provision of a
367367 12 local ordinance or similar out-of-state offense, this
368368 13 employment exemption does not apply until either a one-year
369369 14 period has elapsed during which that person had his or her
370370 15 driving privileges revoked or a one-year period has elapsed
371371 16 during which that person had a restricted driving permit which
372372 17 required the use of an ignition interlock device on every
373373 18 motor vehicle owned or operated by that person.
374374 19 (6) In each case the Secretary of State may issue a
375375 20 restricted driving permit for a period he deems appropriate,
376376 21 except that the permit shall expire no later than 2 years from
377377 22 the date of issuance. A restricted driving permit issued under
378378 23 this Section shall be subject to cancellation, revocation, and
379379 24 suspension by the Secretary of State in like manner and for
380380 25 like cause as a driver's license issued under this Code may be
381381 26 cancelled, revoked, or suspended; except that a conviction
382382
383383
384384
385385
386386
387387 HB3863 - 10 - LRB104 12336 LNS 22514 b
388388
389389
390390 HB3863- 11 -LRB104 12336 LNS 22514 b HB3863 - 11 - LRB104 12336 LNS 22514 b
391391 HB3863 - 11 - LRB104 12336 LNS 22514 b
392392 1 upon one or more offenses against laws or ordinances
393393 2 regulating the movement of traffic shall be deemed sufficient
394394 3 cause for the revocation, suspension, or cancellation of a
395395 4 restricted driving permit. The Secretary of State may, as a
396396 5 condition to the issuance of a restricted driving permit,
397397 6 require the petitioner to participate in a designated driver
398398 7 remedial or rehabilitative program. The Secretary of State is
399399 8 authorized to cancel a restricted driving permit if the permit
400400 9 holder does not successfully complete the program. However, if
401401 10 an individual's driving privileges have been revoked in
402402 11 accordance with paragraph 13 of subsection (a) of this
403403 12 Section, no restricted driving permit shall be issued until
404404 13 the individual has served 6 months of the revocation period.
405405 14 (c-5) (Blank).
406406 15 (c-6) If a person is convicted of a second violation of
407407 16 operating a motor vehicle while the person's driver's license,
408408 17 permit or privilege was revoked, where the revocation was for
409409 18 a violation of Section 9-3 of the Criminal Code of 1961 or the
410410 19 Criminal Code of 2012 relating to the offense of reckless
411411 20 homicide or a similar out-of-state offense, the person's
412412 21 driving privileges shall be revoked pursuant to subdivision
413413 22 (a)(15) of this Section. The person may not make application
414414 23 for a license or permit until the expiration of five years from
415415 24 the effective date of the revocation or the expiration of five
416416 25 years from the date of release from a term of imprisonment,
417417 26 whichever is later.
418418
419419
420420
421421
422422
423423 HB3863 - 11 - LRB104 12336 LNS 22514 b
424424
425425
426426 HB3863- 12 -LRB104 12336 LNS 22514 b HB3863 - 12 - LRB104 12336 LNS 22514 b
427427 HB3863 - 12 - LRB104 12336 LNS 22514 b
428428 1 (c-7) If a person is convicted of a third or subsequent
429429 2 violation of operating a motor vehicle while the person's
430430 3 driver's license, permit or privilege was revoked, where the
431431 4 revocation was for a violation of Section 9-3 of the Criminal
432432 5 Code of 1961 or the Criminal Code of 2012 relating to the
433433 6 offense of reckless homicide or a similar out-of-state
434434 7 offense, the person may never apply for a license or permit.
435435 8 (d)(1) Whenever a person under the age of 21 is convicted
436436 9 under Section 11-501 of this Code or a similar provision of a
437437 10 local ordinance or a similar out-of-state offense, the
438438 11 Secretary of State shall revoke the driving privileges of that
439439 12 person. One year after the date of revocation, and upon
440440 13 application, the Secretary of State may, if satisfied that the
441441 14 person applying will not endanger the public safety or
442442 15 welfare, issue a restricted driving permit granting the
443443 16 privilege of driving a motor vehicle only between the hours of
444444 17 5 a.m. and 9 p.m. or as otherwise provided by this Section for
445445 18 a period of one year. After this one-year period, and upon
446446 19 reapplication for a license as provided in Section 6-106, upon
447447 20 payment of the appropriate reinstatement fee provided under
448448 21 paragraph (b) of Section 6-118, the Secretary of State, in his
449449 22 discretion, may reinstate the petitioner's driver's license
450450 23 and driving privileges, or extend the restricted driving
451451 24 permit as many times as the Secretary of State deems
452452 25 appropriate, by additional periods of not more than 24 months
453453 26 each.
454454
455455
456456
457457
458458
459459 HB3863 - 12 - LRB104 12336 LNS 22514 b
460460
461461
462462 HB3863- 13 -LRB104 12336 LNS 22514 b HB3863 - 13 - LRB104 12336 LNS 22514 b
463463 HB3863 - 13 - LRB104 12336 LNS 22514 b
464464 1 (2) If a person's license or permit is revoked or
465465 2 suspended due to 2 or more convictions of violating Section
466466 3 11-501 of this Code or a similar provision of a local ordinance
467467 4 or a similar out-of-state offense, or Section 9-3 of the
468468 5 Criminal Code of 1961 or the Criminal Code of 2012, where the
469469 6 use of alcohol or other drugs is recited as an element of the
470470 7 offense, or a similar out-of-state offense, or a combination
471471 8 of these offenses, arising out of separate occurrences, that
472472 9 person, if issued a restricted driving permit, may not operate
473473 10 a vehicle unless it has been equipped with an ignition
474474 11 interlock device as defined in Section 1-129.1.
475475 12 (3) If a person's license or permit is revoked or
476476 13 suspended 2 or more times due to any combination of:
477477 14 (A) a single conviction of violating Section 11-501 of
478478 15 this Code or a similar provision of a local ordinance or a
479479 16 similar out-of-state offense, or Section 9-3 of the
480480 17 Criminal Code of 1961 or the Criminal Code of 2012, where
481481 18 the use of alcohol or other drugs is recited as an element
482482 19 of the offense, or a similar out-of-state offense; or
483483 20 (B) a statutory summary suspension or revocation under
484484 21 Section 11-501.1; or
485485 22 (C) a suspension pursuant to Section 6-203.1;
486486 23 arising out of separate occurrences, that person, if issued a
487487 24 restricted driving permit, may not operate a vehicle unless it
488488 25 has been equipped with an ignition interlock device as defined
489489 26 in Section 1-129.1.
490490
491491
492492
493493
494494
495495 HB3863 - 13 - LRB104 12336 LNS 22514 b
496496
497497
498498 HB3863- 14 -LRB104 12336 LNS 22514 b HB3863 - 14 - LRB104 12336 LNS 22514 b
499499 HB3863 - 14 - LRB104 12336 LNS 22514 b
500500 1 (3.5) If a person's license or permit is revoked or
501501 2 suspended due to a conviction for a violation of subparagraph
502502 3 (C) or (F) of paragraph (1) of subsection (d) of Section 11-501
503503 4 of this Code, or a similar provision of a local ordinance or
504504 5 similar out-of-state offense, that person, if issued a
505505 6 restricted driving permit, may not operate a vehicle unless it
506506 7 has been equipped with an ignition interlock device as defined
507507 8 in Section 1-129.1.
508508 9 (4) The person issued a permit conditioned upon the use of
509509 10 an interlock device must pay to the Secretary of State DUI
510510 11 Administration Fund an amount not to exceed $30 per month. The
511511 12 Secretary shall establish by rule the amount and the
512512 13 procedures, terms, and conditions relating to these fees.
513513 14 (5) If the restricted driving permit is issued for
514514 15 employment purposes, then the prohibition against driving a
515515 16 vehicle that is not equipped with an ignition interlock device
516516 17 does not apply to the operation of an occupational vehicle
517517 18 owned or leased by that person's employer when used solely for
518518 19 employment purposes. For any person who, within a 5-year
519519 20 period, is convicted of a second or subsequent offense under
520520 21 Section 11-501 of this Code, or a similar provision of a local
521521 22 ordinance or similar out-of-state offense, this employment
522522 23 exemption does not apply until either a one-year period has
523523 24 elapsed during which that person had his or her driving
524524 25 privileges revoked or a one-year period has elapsed during
525525 26 which that person had a restricted driving permit which
526526
527527
528528
529529
530530
531531 HB3863 - 14 - LRB104 12336 LNS 22514 b
532532
533533
534534 HB3863- 15 -LRB104 12336 LNS 22514 b HB3863 - 15 - LRB104 12336 LNS 22514 b
535535 HB3863 - 15 - LRB104 12336 LNS 22514 b
536536 1 required the use of an ignition interlock device on every
537537 2 motor vehicle owned or operated by that person.
538538 3 (6) A restricted driving permit issued under this Section
539539 4 shall be subject to cancellation, revocation, and suspension
540540 5 by the Secretary of State in like manner and for like cause as
541541 6 a driver's license issued under this Code may be cancelled,
542542 7 revoked, or suspended; except that a conviction upon one or
543543 8 more offenses against laws or ordinances regulating the
544544 9 movement of traffic shall be deemed sufficient cause for the
545545 10 revocation, suspension, or cancellation of a restricted
546546 11 driving permit.
547547 12 (d-5) The revocation of the license, permit, or driving
548548 13 privileges of a person convicted of a third or subsequent
549549 14 violation of Section 6-303 of this Code committed while his or
550550 15 her driver's license, permit, or privilege was revoked because
551551 16 of a violation of Section 9-3 of the Criminal Code of 1961 or
552552 17 the Criminal Code of 2012, relating to the offense of reckless
553553 18 homicide, or a similar provision of a law of another state, is
554554 19 permanent. The Secretary may not, at any time, issue a license
555555 20 or permit to that person.
556556 21 (e) This Section is subject to the provisions of the
557557 22 Driver License Compact.
558558 23 (f) Any revocation imposed upon any person under
559559 24 subsections 2 and 3 of paragraph (b) that is in effect on
560560 25 December 31, 1988 shall be converted to a suspension for a like
561561 26 period of time.
562562
563563
564564
565565
566566
567567 HB3863 - 15 - LRB104 12336 LNS 22514 b
568568
569569
570570 HB3863- 16 -LRB104 12336 LNS 22514 b HB3863 - 16 - LRB104 12336 LNS 22514 b
571571 HB3863 - 16 - LRB104 12336 LNS 22514 b
572572 1 (g) The Secretary of State shall not issue a restricted
573573 2 driving permit to a person under the age of 16 years whose
574574 3 driving privileges have been revoked under any provisions of
575575 4 this Code.
576576 5 (h) The Secretary of State shall require the use of
577577 6 ignition interlock devices for a period not less than 5 years
578578 7 on all vehicles owned by a person who has been convicted of a
579579 8 second or subsequent offense under Section 11-501 of this Code
580580 9 or a similar provision of a local ordinance. The person must
581581 10 pay to the Secretary of State DUI Administration Fund an
582582 11 amount not to exceed $30 for each month that he or she uses the
583583 12 device. The Secretary shall establish by rule and regulation
584584 13 the procedures for certification and use of the interlock
585585 14 system, the amount of the fee, and the procedures, terms, and
586586 15 conditions relating to these fees. During the time period in
587587 16 which a person is required to install an ignition interlock
588588 17 device under this subsection (h), that person shall only
589589 18 operate vehicles in which ignition interlock devices have been
590590 19 installed, except as allowed by subdivision (c)(5) or (d)(5)
591591 20 of this Section. Regardless of whether an exemption under
592592 21 subdivision (c) (5) or (d) (5) applies, every person subject
593593 22 to this subsection shall not be eligible for reinstatement
594594 23 until the person installs an ignition interlock device and
595595 24 maintains the ignition interlock device for 5 years.
596596 25 (i) (Blank).
597597 26 (j) In accordance with 49 C.F.R. 384, the Secretary of
598598
599599
600600
601601
602602
603603 HB3863 - 16 - LRB104 12336 LNS 22514 b
604604
605605
606606 HB3863- 17 -LRB104 12336 LNS 22514 b HB3863 - 17 - LRB104 12336 LNS 22514 b
607607 HB3863 - 17 - LRB104 12336 LNS 22514 b
608608 1 State may not issue a restricted driving permit for the
609609 2 operation of a commercial motor vehicle to a person holding a
610610 3 CDL whose driving privileges have been revoked, suspended,
611611 4 cancelled, or disqualified under any provisions of this Code.
612612 5 (k) The Secretary of State shall notify by mail any person
613613 6 whose driving privileges have been revoked under paragraph 16
614614 7 of subsection (a) of this Section that his or her driving
615615 8 privileges and driver's license will be revoked 90 days from
616616 9 the date of the mailing of the notice.
617617 10 (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21;
618618 11 102-982, eff. 7-1-23.)
619619
620620
621621
622622
623623
624624 HB3863 - 17 - LRB104 12336 LNS 22514 b