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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||
5 | Section 6-206 as follows:
| ||||||||||||||||||||||||
6 | (625 ILCS 5/6-206)
| ||||||||||||||||||||||||
7 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||||||||||||||||||||
8 | license or
permit; Right to a hearing.
| ||||||||||||||||||||||||
9 | (a) The Secretary of State is authorized to suspend or | ||||||||||||||||||||||||
10 | revoke the
driving privileges of any person without preliminary | ||||||||||||||||||||||||
11 | hearing upon a showing
of the person's records or other | ||||||||||||||||||||||||
12 | sufficient evidence that
the person:
| ||||||||||||||||||||||||
13 | 1. Has committed an offense for which mandatory | ||||||||||||||||||||||||
14 | revocation of
a driver's license or permit is required upon | ||||||||||||||||||||||||
15 | conviction;
| ||||||||||||||||||||||||
16 | 2. Has been convicted of not less than 3 offenses | ||||||||||||||||||||||||
17 | against traffic
regulations governing the movement of | ||||||||||||||||||||||||
18 | vehicles committed within any 12
month period. Offenses | ||||||||||||||||||||||||
19 | against traffic regulations governing the movement of | ||||||||||||||||||||||||
20 | vehicles do not include a conviction of a local ordinance | ||||||||||||||||||||||||
21 | that prohibits the operation of a vehicle in a negligent | ||||||||||||||||||||||||
22 | manner. No revocation or suspension shall be entered more | ||||||||||||||||||||||||
23 | than
6 months after the date of last conviction;
|
| |||||||
| |||||||
1 | 3. Has been repeatedly involved as a driver in motor | ||||||
2 | vehicle
collisions or has been repeatedly convicted of | ||||||
3 | offenses against laws and
ordinances regulating the | ||||||
4 | movement of traffic, to a degree that
indicates lack of | ||||||
5 | ability to exercise ordinary and reasonable care in
the | ||||||
6 | safe operation of a motor vehicle or disrespect for the | ||||||
7 | traffic laws
and the safety of other persons upon the | ||||||
8 | highway;
| ||||||
9 | 4. Has by the unlawful operation of a motor vehicle | ||||||
10 | caused or
contributed to an accident resulting in injury | ||||||
11 | requiring
immediate professional treatment in a medical | ||||||
12 | facility or doctor's office
to any person, except that any | ||||||
13 | suspension or revocation imposed by the
Secretary of State | ||||||
14 | under the provisions of this subsection shall start no
| ||||||
15 | later than 6 months after being convicted of violating a | ||||||
16 | law or
ordinance regulating the movement of traffic, which | ||||||
17 | violation is related
to the accident, or shall start not | ||||||
18 | more than one year
after
the date of the accident, | ||||||
19 | whichever date occurs later;
| ||||||
20 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
21 | driver's
license, identification card, or permit;
| ||||||
22 | 6. Has been lawfully convicted of an offense or | ||||||
23 | offenses in another
state, including the authorization | ||||||
24 | contained in Section 6-203.1, which
if committed within | ||||||
25 | this State would be grounds for suspension or revocation;
| ||||||
26 | 7. Has refused or failed to submit to an examination |
| |||||||
| |||||||
1 | provided for by
Section 6-207 or has failed to pass the | ||||||
2 | examination;
| ||||||
3 | 8. Is ineligible for a driver's license or permit under | ||||||
4 | the provisions
of Section 6-103;
| ||||||
5 | 9. Has made a false statement or knowingly concealed a | ||||||
6 | material fact
or has used false information or | ||||||
7 | identification in any application for a
license, | ||||||
8 | identification card, or permit;
| ||||||
9 | 10. Has possessed, displayed, or attempted to | ||||||
10 | fraudulently use any
license, identification card, or | ||||||
11 | permit not issued to the person;
| ||||||
12 | 11. Has operated a motor vehicle upon a highway of this | ||||||
13 | State when
the person's driving privilege or privilege to | ||||||
14 | obtain a driver's license
or permit was revoked or | ||||||
15 | suspended unless the operation was authorized by
a | ||||||
16 | monitoring device driving permit, judicial driving permit | ||||||
17 | issued prior to January 1, 2009, probationary license to | ||||||
18 | drive, or a restricted
driving permit issued under this | ||||||
19 | Code;
| ||||||
20 | 12. Has submitted to any portion of the application | ||||||
21 | process for
another person or has obtained the services of | ||||||
22 | another person to submit to
any portion of the application | ||||||
23 | process for the purpose of obtaining a
license, | ||||||
24 | identification card, or permit for some other person;
| ||||||
25 | 13. Has operated a motor vehicle upon a highway of this | ||||||
26 | State when
the person's driver's license or permit was |
| |||||||
| |||||||
1 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
2 | 14. Has committed a violation of Section 6-301, | ||||||
3 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
4 | of the Illinois Identification Card
Act;
| ||||||
5 | 15. Has been convicted of violating Section 21-2 of the | ||||||
6 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
7 | to criminal trespass to vehicles in which case, the | ||||||
8 | suspension
shall be for one year;
| ||||||
9 | 16. Has been convicted of violating Section 11-204 of | ||||||
10 | this Code relating
to fleeing from a peace officer;
| ||||||
11 | 17. Has refused to submit to a test, or tests, as | ||||||
12 | required under Section
11-501.1 of this Code and the person | ||||||
13 | has not sought a hearing as
provided for in Section | ||||||
14 | 11-501.1;
| ||||||
15 | 18. Has, since issuance of a driver's license or | ||||||
16 | permit, been adjudged
to be afflicted with or suffering | ||||||
17 | from any mental disability or disease;
| ||||||
18 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
19 | of Section 6-101
relating to driving without a driver's | ||||||
20 | license;
| ||||||
21 | 20. Has been convicted of violating Section 6-104 | ||||||
22 | relating to
classification of driver's license;
| ||||||
23 | 21. Has been convicted of violating Section 11-402 of
| ||||||
24 | this Code relating to leaving the scene of an accident | ||||||
25 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
26 | which case the suspension shall be
for one year;
|
| |||||||
| |||||||
1 | 22. Has used a motor vehicle in violating paragraph | ||||||
2 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
3 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
4 | relating
to unlawful use of weapons, in which case the | ||||||
5 | suspension shall be for one
year;
| ||||||
6 | 23. Has, as a driver, been convicted of committing a | ||||||
7 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
8 | for a second or subsequent
time within one year of a | ||||||
9 | similar violation;
| ||||||
10 | 24. Has been convicted by a court-martial or punished | ||||||
11 | by non-judicial
punishment by military authorities of the | ||||||
12 | United States at a military
installation in Illinois of or | ||||||
13 | for a traffic related offense that is the
same as or | ||||||
14 | similar to an offense specified under Section 6-205 or | ||||||
15 | 6-206 of
this Code;
| ||||||
16 | 25. Has permitted any form of identification to be used | ||||||
17 | by another in
the application process in order to obtain or | ||||||
18 | attempt to obtain a license,
identification card, or | ||||||
19 | permit;
| ||||||
20 | 26. Has altered or attempted to alter a license or has | ||||||
21 | possessed an
altered license, identification card, or | ||||||
22 | permit;
| ||||||
23 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
24 | of 1934;
| ||||||
25 | 28. Has been convicted for a first time of the illegal | ||||||
26 | possession, while operating or
in actual physical control, |
| |||||||
| |||||||
1 | as a driver, of a motor vehicle, of any
controlled | ||||||
2 | substance prohibited under the Illinois Controlled | ||||||
3 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
4 | Control
Act, or any methamphetamine prohibited under the | ||||||
5 | Methamphetamine Control and Community Protection Act, in | ||||||
6 | which case the person's driving privileges shall be | ||||||
7 | suspended for
one year.
Any defendant found guilty of this | ||||||
8 | offense while operating a motor vehicle,
shall have an | ||||||
9 | entry made in the court record by the presiding judge that
| ||||||
10 | this offense did occur while the defendant was operating a | ||||||
11 | motor vehicle
and order the clerk of the court to report | ||||||
12 | the violation to the Secretary
of State;
| ||||||
13 | 29. Has been convicted of the following offenses that | ||||||
14 | were committed
while the person was operating or in actual | ||||||
15 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
16 | sexual assault,
predatory criminal sexual assault of a | ||||||
17 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
18 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
19 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
20 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
21 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
22 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
23 | delivery of controlled substances or instruments used for | ||||||
24 | illegal drug use
or abuse in which case the driver's | ||||||
25 | driving privileges shall be suspended
for one year;
| ||||||
26 | 30. Has been convicted a second or subsequent time for |
| |||||||
| |||||||
1 | any
combination of the offenses named in paragraph 29 of | ||||||
2 | this subsection,
in which case the person's driving | ||||||
3 | privileges shall be suspended for 5
years;
| ||||||
4 | 31. Has refused to submit to a test as
required by | ||||||
5 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
6 | Registration and Safety Act or has submitted to a test | ||||||
7 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
8 | any amount of a drug, substance, or
compound resulting from | ||||||
9 | the unlawful use or consumption of cannabis as listed
in | ||||||
10 | the Cannabis Control Act, a controlled substance as listed | ||||||
11 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
12 | compound as listed in the Use of
Intoxicating Compounds | ||||||
13 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
14 | Control and Community Protection Act, in which case the | ||||||
15 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
16 | 32. Has been convicted of Section 24-1.2 of the | ||||||
17 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
18 | to the aggravated discharge of a firearm if the offender | ||||||
19 | was
located in a motor vehicle at the time the firearm was | ||||||
20 | discharged, in which
case the suspension shall be for 3 | ||||||
21 | years;
| ||||||
22 | 33. Has as a driver, who was less than 21 years of age | ||||||
23 | on the date of
the offense, been convicted a first time of | ||||||
24 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
25 | or a similar provision of a local ordinance;
| ||||||
26 | 34. Has committed a violation of Section 11-1301.5 of |
| |||||||
| |||||||
1 | this Code or a similar provision of a local ordinance;
| ||||||
2 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
3 | this Code or a similar provision of a local ordinance;
| ||||||
4 | 36. Is under the age of 21 years at the time of arrest | ||||||
5 | and has been
convicted of not less than 2 offenses against | ||||||
6 | traffic regulations governing
the movement of vehicles | ||||||
7 | committed within any 24 month period. No revocation
or | ||||||
8 | suspension shall be entered more than 6 months after the | ||||||
9 | date of last
conviction;
| ||||||
10 | 37. Has committed a violation of subsection (c) of | ||||||
11 | Section 11-907 of this
Code that resulted in damage to the | ||||||
12 | property of another or the death or injury of another;
| ||||||
13 | 38. Has been convicted of a violation of Section 6-20 | ||||||
14 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
15 | a local ordinance;
| ||||||
16 | 39. Has committed a second or subsequent violation of | ||||||
17 | Section
11-1201 of this Code;
| ||||||
18 | 40. Has committed a violation of subsection (a-1) of | ||||||
19 | Section 11-908 of
this Code; | ||||||
20 | 41. Has committed a second or subsequent violation of | ||||||
21 | Section 11-605.1 of this Code, a similar provision of a | ||||||
22 | local ordinance, or a similar violation in any other state | ||||||
23 | within 2 years of the date of the previous violation, in | ||||||
24 | which case the suspension shall be for 90 days; | ||||||
25 | 42. Has committed a violation of subsection (a-1) of | ||||||
26 | Section 11-1301.3 of this Code or a similar provision of a |
| |||||||
| |||||||
1 | local ordinance;
| ||||||
2 | 43. Has received a disposition of court supervision for | ||||||
3 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
4 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
5 | a local ordinance, in which case the suspension shall be | ||||||
6 | for a period of 3 months;
| ||||||
7 | 44.
Is under the age of 21 years at the time of arrest | ||||||
8 | and has been convicted of an offense against traffic | ||||||
9 | regulations governing the movement of vehicles after | ||||||
10 | having previously had his or her driving privileges
| ||||||
11 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
12 | Section; | ||||||
13 | 45.
Has, in connection with or during the course of a | ||||||
14 | formal hearing conducted under Section 2-118 of this Code: | ||||||
15 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
16 | falsified documents; (iii) submitted documents that have | ||||||
17 | been materially altered; or (iv) submitted, as his or her | ||||||
18 | own, documents that were in fact prepared or composed for | ||||||
19 | another person; | ||||||
20 | 46. Has committed a violation of subsection (j) of | ||||||
21 | Section 3-413 of this Code; or
| ||||||
22 | 47. Has committed a violation of Section 11-502.1 of | ||||||
23 | this Code. | ||||||
24 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
25 | and 27 of this
subsection, license means any driver's license, | ||||||
26 | any traffic ticket issued when
the person's driver's license is |
| |||||||
| |||||||
1 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
2 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
3 | a probationary driver's license or a temporary driver's | ||||||
4 | license. | ||||||
5 | (b) If any conviction forming the basis of a suspension or
| ||||||
6 | revocation authorized under this Section is appealed, the
| ||||||
7 | Secretary of State may rescind or withhold the entry of the | ||||||
8 | order of suspension
or revocation, as the case may be, provided | ||||||
9 | that a certified copy of a stay
order of a court is filed with | ||||||
10 | the Secretary of State. If the conviction is
affirmed on | ||||||
11 | appeal, the date of the conviction shall relate back to the | ||||||
12 | time
the original judgment of conviction was entered and the 6 | ||||||
13 | month limitation
prescribed shall not apply.
| ||||||
14 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
15 | permit of
any person as authorized in this Section, the | ||||||
16 | Secretary of State shall
immediately notify the person in | ||||||
17 | writing of the revocation or suspension.
The notice to be | ||||||
18 | deposited in the United States mail, postage prepaid,
to the | ||||||
19 | last known address of the person.
| ||||||
20 | 2. If the Secretary of State suspends the driver's | ||||||
21 | license
of a person under subsection 2 of paragraph (a) of | ||||||
22 | this Section, a
person's privilege to operate a vehicle as | ||||||
23 | an occupation shall not be
suspended, provided an affidavit | ||||||
24 | is properly completed, the appropriate fee
received, and a | ||||||
25 | permit issued prior to the effective date of the
| ||||||
26 | suspension, unless 5 offenses were committed, at least 2 of |
| |||||||
| |||||||
1 | which occurred
while operating a commercial vehicle in | ||||||
2 | connection with the driver's
regular occupation. All other | ||||||
3 | driving privileges shall be suspended by the
Secretary of | ||||||
4 | State. Any driver prior to operating a vehicle for
| ||||||
5 | occupational purposes only must submit the affidavit on | ||||||
6 | forms to be
provided by the Secretary of State setting | ||||||
7 | forth the facts of the person's
occupation. The affidavit | ||||||
8 | shall also state the number of offenses
committed while | ||||||
9 | operating a vehicle in connection with the driver's regular
| ||||||
10 | occupation. The affidavit shall be accompanied by the | ||||||
11 | driver's license.
Upon receipt of a properly completed | ||||||
12 | affidavit, the Secretary of State
shall issue the driver a | ||||||
13 | permit to operate a vehicle in connection with the
driver's | ||||||
14 | regular occupation only. Unless the permit is issued by the
| ||||||
15 | Secretary of State prior to the date of suspension, the | ||||||
16 | privilege to drive
any motor vehicle shall be suspended as | ||||||
17 | set forth in the notice that was
mailed under this Section. | ||||||
18 | If an affidavit is received subsequent to the
effective | ||||||
19 | date of this suspension, a permit may be issued for the | ||||||
20 | remainder
of the suspension period.
| ||||||
21 | The provisions of this subparagraph shall not apply to | ||||||
22 | any driver
required to possess a CDL for the purpose of | ||||||
23 | operating a commercial motor vehicle.
| ||||||
24 | Any person who falsely states any fact in the affidavit | ||||||
25 | required
herein shall be guilty of perjury under Section | ||||||
26 | 6-302 and upon conviction
thereof shall have all driving |
| |||||||
| |||||||
1 | privileges revoked without further rights.
| ||||||
2 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
3 | of this Code,
the Secretary of State shall either rescind | ||||||
4 | or continue an order of
revocation or shall substitute an | ||||||
5 | order of suspension; or, good
cause appearing therefor, | ||||||
6 | rescind, continue, change, or extend the
order of | ||||||
7 | suspension. If the Secretary of State does not rescind the | ||||||
8 | order,
the Secretary may upon application,
to relieve undue | ||||||
9 | hardship (as defined by the rules of the Secretary of | ||||||
10 | State), issue
a restricted driving permit granting the | ||||||
11 | privilege of driving a motor
vehicle between the | ||||||
12 | petitioner's residence and petitioner's place of
| ||||||
13 | employment or within the scope of the petitioner's | ||||||
14 | employment related duties, or to
allow the petitioner to | ||||||
15 | transport himself or herself, or a family member of the
| ||||||
16 | petitioner's household to a medical facility, to receive | ||||||
17 | necessary medical care, to allow the petitioner to | ||||||
18 | transport himself or herself to and from alcohol or drug
| ||||||
19 | remedial or rehabilitative activity recommended by a | ||||||
20 | licensed service provider, or to allow the petitioner to | ||||||
21 | transport himself or herself or a family member of the | ||||||
22 | petitioner's household to classes, as a student, at an | ||||||
23 | accredited educational institution, or to allow the | ||||||
24 | petitioner to transport children, elderly persons, or | ||||||
25 | disabled persons who do not hold driving privileges and are | ||||||
26 | living in the petitioner's household to and from daycare. |
| |||||||
| |||||||
1 | The
petitioner must demonstrate that no alternative means | ||||||
2 | of
transportation is reasonably available and that the | ||||||
3 | petitioner will not endanger
the public safety or welfare. | ||||||
4 | Those multiple offenders identified in subdivision (b)4 of | ||||||
5 | Section 6-208 of this Code, however, shall not be eligible | ||||||
6 | for the issuance of a restricted driving permit.
| ||||||
7 |
(A) If a person's license or permit is revoked or | ||||||
8 | suspended due to 2
or more convictions of violating | ||||||
9 | Section 11-501 of this Code or a similar
provision of a | ||||||
10 | local ordinance or a similar out-of-state offense, or | ||||||
11 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012, where the use of alcohol or | ||||||
13 | other drugs is recited as an element of the offense, or | ||||||
14 | a similar out-of-state offense, or a combination of | ||||||
15 | these offenses, arising out
of separate occurrences, | ||||||
16 | that person, if issued a restricted driving permit,
may | ||||||
17 | not operate a vehicle unless it has been equipped with | ||||||
18 | an ignition
interlock device as defined in Section | ||||||
19 | 1-129.1.
| ||||||
20 | (B) If a person's license or permit is revoked or | ||||||
21 | suspended 2 or more
times within a 10 year period due | ||||||
22 | to any combination of: | ||||||
23 | (i) a single conviction of violating Section
| ||||||
24 | 11-501 of this Code or a similar provision of a | ||||||
25 | local ordinance or a similar
out-of-state offense | ||||||
26 | or Section 9-3 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012, where the use of alcohol or | ||||||
2 | other drugs is recited as an element of the | ||||||
3 | offense, or a similar out-of-state offense; or | ||||||
4 | (ii) a statutory summary suspension or | ||||||
5 | revocation under Section
11-501.1; or | ||||||
6 | (iii) a suspension under Section 6-203.1; | ||||||
7 | arising out of
separate occurrences; that person, if | ||||||
8 | issued a restricted driving permit, may
not operate a | ||||||
9 | vehicle unless it has been
equipped with an ignition | ||||||
10 | interlock device as defined in Section 1-129.1. | ||||||
11 | (C)
The person issued a permit conditioned upon the | ||||||
12 | use of an ignition interlock device must pay to the | ||||||
13 | Secretary of State DUI Administration Fund an amount
| ||||||
14 | not to exceed $30 per month. The Secretary shall | ||||||
15 | establish by rule the amount
and the procedures, terms, | ||||||
16 | and conditions relating to these fees. | ||||||
17 | (D) If the
restricted driving permit is issued for | ||||||
18 | employment purposes, then the prohibition against | ||||||
19 | operating a motor vehicle that is not equipped with an | ||||||
20 | ignition interlock device does not apply to the | ||||||
21 | operation of an occupational vehicle owned or
leased by | ||||||
22 | that person's employer when used solely for employment | ||||||
23 | purposes. | ||||||
24 | (E) In each case the Secretary may issue a
| ||||||
25 | restricted driving permit for a period deemed | ||||||
26 | appropriate, except that all
permits shall expire |
| |||||||
| |||||||
1 | within one year from the date of issuance. The | ||||||
2 | Secretary
may not, however, issue a restricted driving | ||||||
3 | permit to any person whose current
revocation is the | ||||||
4 | result of a second or subsequent conviction for a | ||||||
5 | violation
of Section 11-501 of this Code or a similar | ||||||
6 | provision of a local ordinance
or any similar | ||||||
7 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
8 | Code of 1961 or the Criminal Code of 2012, where the | ||||||
9 | use of alcohol or other drugs is recited as an element | ||||||
10 | of the offense, or any similar out-of-state offense, or | ||||||
11 | any combination
of those offenses, until the | ||||||
12 | expiration of at least one year from the date of
the | ||||||
13 | revocation. A
restricted driving permit issued under | ||||||
14 | this Section shall be subject to
cancellation, | ||||||
15 | revocation, and suspension by the Secretary of State in | ||||||
16 | like
manner and for like cause as a driver's license | ||||||
17 | issued under this Code may be
cancelled, revoked, or | ||||||
18 | suspended; except that a conviction upon one or more
| ||||||
19 | offenses against laws or ordinances regulating the | ||||||
20 | movement of traffic
shall be deemed sufficient cause | ||||||
21 | for the revocation, suspension, or
cancellation of a | ||||||
22 | restricted driving permit. The Secretary of State may, | ||||||
23 | as
a condition to the issuance of a restricted driving | ||||||
24 | permit, require the
applicant to participate in a | ||||||
25 | designated driver remedial or rehabilitative
program. | ||||||
26 | The Secretary of State is authorized to cancel a |
| |||||||
| |||||||
1 | restricted
driving permit if the permit holder does not | ||||||
2 | successfully complete the program.
| ||||||
3 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
4 | subsection (a), reports received by the Secretary of State | ||||||
5 | under this Section shall, except during the actual time the | ||||||
6 | suspension is in effect, be privileged information and for use | ||||||
7 | only by the courts, police officers, prosecuting authorities, | ||||||
8 | the driver licensing administrator of any other state, the | ||||||
9 | Secretary of State, or the parent or legal guardian of a driver | ||||||
10 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
11 | person is a CDL holder, the suspension shall also be made | ||||||
12 | available to the driver licensing administrator of any other | ||||||
13 | state, the U.S. Department of Transportation, and the affected | ||||||
14 | driver or motor
carrier or prospective motor carrier upon | ||||||
15 | request.
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16 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
17 | subsection (a), the Secretary of State shall notify the person | ||||||
18 | by mail that his or her driving privileges and driver's license | ||||||
19 | will be suspended one month after the date of the mailing of | ||||||
20 | the notice.
| ||||||
21 | (c-5) The Secretary of State may, as a condition of the | ||||||
22 | reissuance of a
driver's license or permit to an applicant | ||||||
23 | whose driver's license or permit has
been suspended before he | ||||||
24 | or she reached the age of 21 years pursuant to any of
the | ||||||
25 | provisions of this Section, require the applicant to | ||||||
26 | participate in a
driver remedial education course and be |
| |||||||
| |||||||
1 | retested under Section 6-109 of this
Code.
| ||||||
2 | (d) This Section is subject to the provisions of the | ||||||
3 | Drivers License
Compact.
| ||||||
4 | (e) The Secretary of State shall not issue a restricted | ||||||
5 | driving permit to
a person under the age of 16 years whose | ||||||
6 | driving privileges have been suspended
or revoked under any | ||||||
7 | provisions of this Code.
| ||||||
8 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
9 | State may not issue a restricted driving permit for the | ||||||
10 | operation of a commercial motor vehicle to a person holding a | ||||||
11 | CDL whose driving privileges have been suspended, revoked, | ||||||
12 | cancelled, or disqualified under any provisions of this Code. | ||||||
13 | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; | ||||||
14 | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; | ||||||
15 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | ||||||
16 | 1-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
|