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1		AN ACT concerning transportation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. This Act may be referred to as the License to
5		Work Act.
6		Section 5. The Illinois Vehicle Code is amended by changing
7		Sections 3-704.2, 6-201, 6-204, 6-205, 6-206, 6-306.5, and
8		11-208.3 and by adding Sections 6-209.1 and 11-208.3a as
9		follows:
10		(625 ILCS 5/3-704.2)
11		Sec. 3-704.2. Failure to satisfy fines or penalties for
12		toll violations or evasions; suspension of vehicle
13		registration.
14		(a) Upon receipt of a certified report, as prescribed by
15		subsection (c) of this Section, from the Authority stating that
16		the owner of a registered vehicle has failed to satisfy any
17		fine or penalty resulting from a final order issued by the
18		Authority relating directly or indirectly to 5 or more toll
19		violations, toll evasions, or both, the Secretary of State
20		shall suspend the vehicle registration of the person in
21		accordance with the procedures set forth in this Section.
22		(b) Following receipt of the certified report of the

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1		Authority as specified in the Section, the Secretary of State
2		shall notify the person whose name appears on the certified
3		report that the person's vehicle registration will be suspended
4		at the end of a specified period unless the Secretary of State
5		is presented with a notice from the Authority certifying that
6		the fines or penalties owing the Authority have been satisfied
7		or that inclusion of that person's name on the certified report
8		was in error. The Secretary's notice shall state in substance
9		the information contained in the Authority's certified report
10		to the Secretary, and shall be effective as specified by
11		subsection (c) of Section 6-211 of this Code.
12		(c) The report from the Authority notifying the Secretary
13		of unsatisfied fines or penalties pursuant to this Section
14		shall be certified and shall contain the following:
15		(1) The name, last known address, and driver's license
16		number of the person who failed to satisfy the fines or
17		penalties and the registration number of any vehicle known
18		to be registered in this State to that person.
19		(2) A statement that the Authority sent a notice of
20		impending suspension of the person's driver's license,
21		vehicle registration, or both, as prescribed by rules
22		enacted pursuant to subsection (a-5) of Section 10 of the
23		Toll Highway Act, to the person named in the report at the
24		address recorded with the Secretary of State; the date on
25		which the notice was sent; and the address to which the
26		notice was sent.

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1		(d) The Authority, after making a certified report to the
2		Secretary pursuant to this Section, shall notify the Secretary,
3		on a form prescribed by the Secretary, whenever a person named
4		in the certified report has satisfied the previously reported
5		fines or penalties or whenever the Authority determines that
6		the original report was in error. A certified copy of the
7		notification shall also be given upon request and at no
8		additional charge to the person named therein. Upon receipt of
9		the Authority's notification or presentation of a certified
10		copy of the notification, the Secretary shall terminate the
11		suspension.
12		(e) The Authority shall, by rule, establish procedures for
13		persons to challenge the accuracy of the certified report made
14		pursuant to this Section. The rule shall also provide the
15		grounds for a challenge, which may be limited to:
16		(1) the person not having been the owner or lessee of
17		the vehicle or vehicles receiving 5 or more toll violation
18		or toll evasion notices on the date or dates the notices
19		were issued; or
20		(2) the person having already satisfied the fines or
21		penalties for the 5 or more toll violations or toll
22		evasions indicated on the certified report.
23		(f) All notices sent by the Authority to persons involved
24		in administrative adjudications, hearings, and final orders
25		issued pursuant to rules implementing subsection (a-5) of
26		Section 10 of the Toll Highway Act shall state, in clear and

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1		unambiguous language, the consequences of that failure to
2		satisfy any fine or penalty imposed by the Authority shall
3		result in the Secretary of State suspending the driving
4		privileges, vehicle registration, or both, of the person
5		failing to satisfy the fines or penalties imposed by the
6		Authority.
7		(g) A person may request an administrative hearing to
8		contest an impending suspension or a suspension made pursuant
9		to this Section upon filing a written request with the
10		Secretary. The filing fee for this hearing is $20, to be paid
11		at the time of the request. The Authority shall reimburse the
12		Secretary for all reasonable costs incurred by the Secretary as
13		a result of the filing of a certified report pursuant to this
14		Section, including, but not limited to, the costs of providing
15		notice required pursuant to subsection (b) and the costs
16		incurred by the Secretary in any hearing conducted with respect
17		to the report pursuant to this subsection and any appeal from
18		that hearing.
19		(h) The Secretary and the Authority may promulgate rules to
20		enable them to carry out their duties under this Section.
21		(i) The Authority shall cooperate with the Secretary in the
22		administration of this Section and shall provide the Secretary
23		with any information the Secretary may deem necessary for these
24		purposes, including regular and timely access to toll violation
25		enforcement records.
26		The Secretary shall cooperate with the Authority in the

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1		administration of this Section and shall provide the Authority
2		with any information the Authority may deem necessary for the
3		purposes of this Section, including regular and timely access
4		to vehicle registration records. Section 2-123 of this Code
5		shall not apply to the provision of this information, but the
6		Secretary shall be reimbursed for the cost of providing this
7		information.
8		(j) For purposes of this Section, the term "Authority"
9		means the Illinois State Toll Highway Authority.
10		(Source: P.A. 91-277, eff. 1-1-00.)
11		(625 ILCS 5/6-201)
12		Sec. 6-201. Authority to cancel licenses and permits.
13		(a) The Secretary of State is authorized to cancel any
14		license or permit upon determining that the holder thereof:
15		1. was not entitled to the issuance thereof hereunder;
16		or
17		2. failed to give the required or correct information
18		in his application; or
19		3. failed to pay any fees owed to the Secretary of
20		State under this Code for the license or permit , civil
21		penalties owed to the Illinois Commerce Commission, or
22		taxes due under this Act and upon reasonable notice and
23		demand; or
24		4. committed any fraud in the making of such
25		application; or

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1		5. is ineligible therefor under the provisions of
2		Section 6-103 of this Act, as amended; or
3		6. has refused or neglected to submit an alcohol, drug,
4		and intoxicating compound evaluation or to submit to
5		examination or reexamination re-examination as required
6		under this Code Act; or
7		7. has been convicted of violating the Cannabis Control
8		Act, the Illinois Controlled Substances Act, the
9		Methamphetamine Control and Community Protection Act, or
10		the Use of Intoxicating Compounds Act while that individual
11		was in actual physical control of a motor vehicle. For
12		purposes of this Section, any person placed on probation
13		under Section 10 of the Cannabis Control Act, Section 410
14		of the Illinois Controlled Substances Act, or Section 70 of
15		the Methamphetamine Control and Community Protection Act
16		shall not be considered convicted. Any person found guilty
17		of this offense, while in actual physical control of a
18		motor vehicle, shall have an entry made in the court record
19		by the judge that this offense did occur while the person
20		was in actual physical control of a motor vehicle and order
21		the clerk of the court to report the violation to the
22		Secretary of State as such. After the cancellation, the
23		Secretary of State shall not issue a new license or permit
24		for a period of one year after the date of cancellation.
25		However, upon application, the Secretary of State may, if
26		satisfied that the person applying will not endanger the

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1		public safety, or welfare, issue a restricted driving
2		permit granting the privilege of driving a motor vehicle
3		between the petitioner's residence and petitioner's place
4		of employment or within the scope of the petitioner's
5		employment related duties, or to allow transportation for
6		the petitioner or a household member of the petitioner's
7		family for the receipt of necessary medical care, or
8		provide transportation for the petitioner to and from
9		alcohol or drug remedial or rehabilitative activity
10		recommended by a licensed service provider, or for the
11		petitioner to attend classes, as a student, in an
12		accredited educational institution. The petitioner must
13		demonstrate that no alternative means of transportation is
14		reasonably available; provided that the Secretary's
15		discretion shall be limited to cases where undue hardship,
16		as defined by the rules of the Secretary of State, would
17		result from a failure to issue such restricted driving
18		permit. In each case the Secretary of State may issue such
19		restricted driving permit for such period as he deems
20		appropriate, except that such permit shall expire within
21		one year from the date of issuance. A restricted driving
22		permit issued hereunder shall be subject to cancellation,
23		revocation, and suspension by the Secretary of State in
24		like manner and for like cause as a driver's license issued
25		hereunder may be cancelled, revoked or suspended; except
26		that a conviction upon one or more offenses against laws or

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1		ordinances regulating the movement of traffic shall be
2		deemed sufficient cause for the revocation, suspension or
3		cancellation of a restricted driving permit. The Secretary
4		of State may, as a condition to the issuance of a
5		restricted driving permit, require the applicant to
6		participate in a driver remedial or rehabilitative
7		program. In accordance with 49 C.F.R. 384, the Secretary of
8		State may not issue a restricted driving permit for the
9		operation of a commercial motor vehicle to a person holding
10		a CDL whose driving privileges have been revoked,
11		suspended, cancelled, or disqualified under this Code; or
12		8. failed to submit a report as required by Section
13		6-116.5 of this Code; or
14		9. has been convicted of a sex offense as defined in
15		the Sex Offender Registration Act. The driver's license
16		shall remain cancelled until the driver registers as a sex
17		offender as required by the Sex Offender Registration Act,
18		proof of the registration is furnished to the Secretary of
19		State and the sex offender provides proof of current
20		address to the Secretary; or
21		10. is ineligible for a license or permit under Section
22		6-107, 6-107.1, or 6-108 of this Code; or
23		11. refused or neglected to appear at a Driver Services
24		facility to have the license or permit corrected and a new
25		license or permit issued or to present documentation for
26		verification of identity; or

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1		12. failed to submit a medical examiner's certificate
2		or medical variance as required by 49 C.F.R. 383.71 or
3		submitted a fraudulent medical examiner's certificate or
4		medical variance; or
5		13. has had his or her medical examiner's certificate,
6		medical variance, or both removed or rescinded by the
7		Federal Motor Carrier Safety Administration; or
8		14. failed to self-certify as to the type of driving in
9		which the CDL driver engages or expects to engage; or
10		15. has submitted acceptable documentation indicating
11		out-of-state residency to the Secretary of State to be
12		released from the requirement of showing proof of financial
13		responsibility in this State; or
14		16. was convicted of fraud relating to the testing or
15		issuance of a CDL or CLP, in which case only the CDL or CLP
16		shall be cancelled. After cancellation, the Secretary
17		shall not issue a CLP or CDL for a period of one year from
18		the date of cancellation; or
19		17. has a special restricted license under subsection
20		(g) of Section 6-113 of this Code and failed to submit the
21		required annual vision specialist report that the special
22		restricted license holder's vision has not changed; or
23		18. has a special restricted license under subsection
24		(g) of Section 6-113 of this Code and was convicted or
25		received court supervision for a violation of this Code
26		that occurred during nighttime hours or was involved in a

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1		motor vehicle accident during nighttime hours in which the
2		restricted license holder was at fault; or
3		19. has assisted an out-of-state resident in acquiring
4		an Illinois driver's license or identification card by
5		providing or allowing the out-of-state resident to use his
6		or her Illinois address of residence and is complicit in
7		distributing and forwarding the Illinois driver's license
8		or identification card to the out-of-state resident.
9		(b) Upon such cancellation the licensee or permittee must
10		surrender the license or permit so cancelled to the Secretary
11		of State.
12		(c) Except as provided in Sections 6-206.1 and 7-702.1, the
13		Secretary of State shall have exclusive authority to grant,
14		issue, deny, cancel, suspend and revoke driving privileges,
15		drivers' licenses and restricted driving permits.
16		(d) The Secretary of State may adopt rules to implement
17		this Section.
18		(Source: P.A. 100-409, eff. 8-25-17.)
19		(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
20		Sec. 6-204. When court to forward license and reports.
21		(a) For the purpose of providing to the Secretary of State
22		the records essential to the performance of the Secretary's
23		duties under this Code to cancel, revoke or suspend the
24		driver's license and privilege to drive motor vehicles of
25		certain minors adjudicated truant minors in need of

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1		supervision, addicted, or delinquent and of persons found
2		guilty of the criminal offenses or traffic violations which
3		this Code recognizes as evidence relating to unfitness to
4		safely operate motor vehicles, the following duties are imposed
5		upon public officials:
6		(1) Whenever any person is convicted of any offense for
7		which this Code makes mandatory the cancellation or
8		revocation of the driver's license or permit of such person
9		by the Secretary of State, the judge of the court in which
10		such conviction is had shall require the surrender to the
11		clerk of the court of all driver's licenses or permits then
12		held by the person so convicted, and the clerk of the court
13		shall, within 5 days thereafter, forward the same, together
14		with a report of such conviction, to the Secretary.
15		(2) Whenever any person is convicted of any offense
16		under this Code or similar offenses under a municipal
17		ordinance, other than regulations governing standing,
18		parking or weights of vehicles, and excepting the following
19		enumerated Sections of this Code: Sections 11-1406
20		(obstruction to driver's view or control), 11-1407
21		(improper opening of door into traffic), 11-1410 (coasting
22		on downgrade), 11-1411 (following fire apparatus),
23		11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
24		vehicle which is in unsafe condition or improperly
25		equipped), 12-201(a) (daytime lights on motorcycles),
26		12-202 (clearance, identification and side marker lamps),

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1		12-204 (lamp or flag on projecting load), 12-205 (failure
2		to display the safety lights required), 12-401
3		(restrictions as to tire equipment), 12-502 (mirrors),
4		12-503 (windshields must be unobstructed and equipped with
5		wipers), 12-601 (horns and warning devices), 12-602
6		(mufflers, prevention of noise or smoke), 12-603 (seat
7		safety belts), 12-702 (certain vehicles to carry flares or
8		other warning devices), 12-703 (vehicles for oiling roads
9		operated on highways), 12-710 (splash guards and
10		replacements), 13-101 (safety tests), 15-101 (size, weight
11		and load), 15-102 (width), 15-103 (height), 15-104 (name
12		and address on second division vehicles), 15-107 (length of
13		vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
14		15-112 (weights), 15-301 (weights), 15-316 (weights),
15		15-318 (weights), and also excepting the following
16		enumerated Sections of the Chicago Municipal Code:
17		Sections 27-245 (following fire apparatus), 27-254
18		(obstruction of traffic), 27-258 (driving vehicle which is
19		in unsafe condition), 27-259 (coasting on downgrade),
20		27-264 (use of horns and signal devices), 27-265
21		(obstruction to driver's view or driver mechanism), 27-267
22		(dimming of headlights), 27-268 (unattended motor
23		vehicle), 27-272 (illegal funeral procession), 27-273
24		(funeral procession on boulevard), 27-275 (driving freight
25		hauling vehicles on boulevard), 27-276 (stopping and
26		standing of buses or taxicabs), 27-277 (cruising of public

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1		passenger vehicles), 27-305 (parallel parking), 27-306
2		(diagonal parking), 27-307 (parking not to obstruct
3		traffic), 27-308 (stopping, standing or parking
4		regulated), 27-311 (parking regulations), 27-312 (parking
5		regulations), 27-313 (parking regulations), 27-314
6		(parking regulations), 27-315 (parking regulations),
7		27-316 (parking regulations), 27-317 (parking
8		regulations), 27-318 (parking regulations), 27-319
9		(parking regulations), 27-320 (parking regulations),
10		27-321 (parking regulations), 27-322 (parking
11		regulations), 27-324 (loading and unloading at an angle),
12		27-333 (wheel and axle loads), 27-334 (load restrictions in
13		the downtown district), 27-335 (load restrictions in
14		residential areas), 27-338 (width of vehicles), 27-339
15		(height of vehicles), 27-340 (length of vehicles), 27-352
16		(reflectors on trailers), 27-353 (mufflers), 27-354
17		(display of plates), 27-355 (display of city vehicle tax
18		sticker), 27-357 (identification of vehicles), 27-358
19		(projecting of loads), and also excepting the following
20		enumerated paragraphs of Section 2-201 of the Rules and
21		Regulations of the Illinois State Toll Highway Authority:
22		(l) (driving unsafe vehicle on tollway), (m) (vehicles
23		transporting dangerous cargo not properly indicated), it
24		shall be the duty of the clerk of the court in which such
25		conviction is had within 5 days thereafter to forward to
26		the Secretary of State a report of the conviction and the

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1		court may recommend the suspension of the driver's license
2		or permit of the person so convicted.
3		The reporting requirements of this subsection shall
4		apply to all violations stated in paragraphs (1) and (2) of
5		this subsection when the individual has been adjudicated
6		under the Juvenile Court Act or the Juvenile Court Act of
7		1987. Such reporting requirements shall also apply to
8		individuals adjudicated under the Juvenile Court Act or the
9		Juvenile Court Act of 1987 who have committed a violation
10		of Section 11-501 of this Code, or similar provision of a
11		local ordinance, or Section 9-3 of the Criminal Code of
12		1961 or the Criminal Code of 2012, relating to the offense
13		of reckless homicide, or Section 5-7 of the Snowmobile
14		Registration and Safety Act or Section 5-16 of the Boat
15		Registration and Safety Act, relating to the offense of
16		operating a snowmobile or a watercraft while under the
17		influence of alcohol, other drug or drugs, intoxicating
18		compound or compounds, or combination thereof. These
19		reporting requirements also apply to individuals
20		adjudicated under the Juvenile Court Act of 1987 based on
21		any offense determined to have been committed in
22		furtherance of the criminal activities of an organized
23		gang, as provided in Section 5-710 of that Act, if those
24		activities and that involved the operation or use of a
25		motor vehicle or the use of a driver's license or permit.
26		The reporting requirements of this subsection shall also

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1		apply to a truant minor in need of supervision, an addicted
2		minor, or a delinquent minor and whose driver's license and
3		privilege to drive a motor vehicle has been ordered
4		suspended for such times as determined by the court, but
5		only until he or she attains 18 years of age. It shall be
6		the duty of the clerk of the court in which adjudication is
7		had within 5 days thereafter to forward to the Secretary of
8		State a report of the adjudication and the court order
9		requiring the Secretary of State to suspend the minor's
10		driver's license and driving privilege for such time as
11		determined by the court, but only until he or she attains
12		the age of 18 years. All juvenile court dispositions
13		reported to the Secretary of State under this provision
14		shall be processed by the Secretary of State as if the
15		cases had been adjudicated in traffic or criminal court.
16		However, information reported relative to the offense of
17		reckless homicide, or Section 11-501 of this Code, or a
18		similar provision of a local ordinance, shall be privileged
19		and available only to the Secretary of State, courts, and
20		police officers.
21		The reporting requirements of this subsection (a)
22		apply to all violations listed in paragraphs (1) and (2) of
23		this subsection (a), excluding parking violations, when
24		the driver holds a CLP or CDL, regardless of the type of
25		vehicle in which the violation occurred, or when any driver
26		committed the violation in a commercial motor vehicle as

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1		defined in Section 6-500 of this Code.
2		(3) Whenever an order is entered vacating the
3		forfeiture of any bail, security or bond given to secure
4		appearance for any offense under this Code or similar
5		offenses under municipal ordinance, it shall be the duty of
6		the clerk of the court in which such vacation was had or
7		the judge of such court if such court has no clerk, within
8		5 days thereafter to forward to the Secretary of State a
9		report of the vacation.
10		(4) A report of any disposition of court supervision
11		for a violation of Sections 6-303, 11-401, 11-501 or a
12		similar provision of a local ordinance, 11-503, 11-504, and
13		11-506 of this Code, Section 5-7 of the Snowmobile
14		Registration and Safety Act, and Section 5-16 of the Boat
15		Registration and Safety Act shall be forwarded to the
16		Secretary of State. A report of any disposition of court
17		supervision for a violation of an offense defined as a
18		serious traffic violation in this Code or a similar
19		provision of a local ordinance committed by a person under
20		the age of 21 years shall be forwarded to the Secretary of
21		State.
22		(5) Reports of conviction under this Code and
23		sentencing hearings under the Juvenile Court Act of 1987 in
24		an electronic format or a computer processable processible
25		medium shall be forwarded to the Secretary of State via the
26		Supreme Court in the form and format required by the

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1		Illinois Supreme Court and established by a written
2		agreement between the Supreme Court and the Secretary of
3		State. In counties with a population over 300,000, instead
4		of forwarding reports to the Supreme Court, reports of
5		conviction under this Code and sentencing hearings under
6		the Juvenile Court Act of 1987 in an electronic format or a
7		computer processable processible medium may be forwarded
8		to the Secretary of State by the Circuit Court Clerk in a
9		form and format required by the Secretary of State and
10		established by written agreement between the Circuit Court
11		Clerk and the Secretary of State. Failure to forward the
12		reports of conviction or sentencing hearing under the
13		Juvenile Court Act of 1987 as required by this Section
14		shall be deemed an omission of duty and it shall be the
15		duty of the several State's Attorneys to enforce the
16		requirements of this Section.
17		(b) Whenever a restricted driving permit is forwarded to a
18		court, as a result of confiscation by a police officer pursuant
19		to the authority in Section 6-113(f), it shall be the duty of
20		the clerk, or judge, if the court has no clerk, to forward such
21		restricted driving permit and a facsimile of the officer's
22		citation to the Secretary of State as expeditiously as
23		practicable.
24		(c) For the purposes of this Code, a forfeiture of bail or
25		collateral deposited to secure a defendant's appearance in
26		court when forfeiture has not been vacated, or the failure of a

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1		defendant to appear for trial after depositing his driver's
2		license in lieu of other bail, shall be equivalent to a
3		conviction.
4		(d) For the purpose of providing the Secretary of State
5		with records necessary to properly monitor and assess driver
6		performance and assist the courts in the proper disposition of
7		repeat traffic law offenders, the clerk of the court shall
8		forward to the Secretary of State, on a form prescribed by the
9		Secretary, records of a driver's participation in a driver
10		remedial or rehabilitative program which was required, through
11		a court order or court supervision, in relation to the driver's
12		arrest for a violation of Section 11-501 of this Code or a
13		similar provision of a local ordinance. The clerk of the court
14		shall also forward to the Secretary, either on paper or in an
15		electronic format or a computer processable processible medium
16		as required under paragraph (5) of subsection (a) of this
17		Section, any disposition of court supervision for any traffic
18		violation, excluding those offenses listed in paragraph (2) of
19		subsection (a) of this Section. These reports shall be sent
20		within 5 days after disposition, or, if the driver is referred
21		to a driver remedial or rehabilitative program, within 5 days
22		of the driver's referral to that program. These reports
23		received by the Secretary of State, including those required to
24		be forwarded under paragraph (a)(4), shall be privileged
25		information, available only (i) to the affected driver, (ii) to
26		the parent or guardian of a person under the age of 18 years

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1		holding an instruction permit or a graduated driver's license,
2		and (iii) for use by the courts, police officers, prosecuting
3		authorities, the Secretary of State, and the driver licensing
4		administrator of any other state. In accordance with 49 C.F.R.
5		Part 384, all reports of court supervision, except violations
6		related to parking, shall be forwarded to the Secretary of
7		State for all holders of a CLP or CDL or any driver who commits
8		an offense while driving a commercial motor vehicle. These
9		reports shall be recorded to the driver's record as a
10		conviction for use in the disqualification of the driver's
11		commercial motor vehicle privileges and shall not be privileged
12		information.
13		(Source: P.A. 100-74, eff. 8-11-17.)
14		(625 ILCS 5/6-205)
15		Sec. 6-205. Mandatory revocation of license or permit;
16		hardship cases.
17		(a) Except as provided in this Section, the Secretary of
18		State shall immediately revoke the license, permit, or driving
19		privileges of any driver upon receiving a report of the
20		driver's conviction of any of the following offenses:
21		1. Reckless homicide resulting from the operation of a
22		motor vehicle;
23		2. Violation of Section 11-501 of this Code or a
24		similar provision of a local ordinance relating to the
25		offense of operating or being in physical control of a

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1		vehicle while under the influence of alcohol, other drug or
2		drugs, intoxicating compound or compounds, or any
3		combination thereof;
4		3. Any felony under the laws of any State or the
5		federal government in the commission of which a motor
6		vehicle was used;
7		4. Violation of Section 11-401 of this Code relating to
8		the offense of leaving the scene of a traffic accident
9		involving death or personal injury;
10		5. Perjury or the making of a false affidavit or
11		statement under oath to the Secretary of State under this
12		Code or under any other law relating to the ownership or
13		operation of motor vehicles;
14		6. Conviction upon 3 charges of violation of Section
15		11-503 of this Code relating to the offense of reckless
16		driving committed within a period of 12 months;
17		7. Conviction of any offense defined in Section 4-102
18		of this Code if the person exercised actual physical
19		control over the vehicle during the commission of the
20		offense;
21		8. Violation of Section 11-504 of this Code relating to
22		the offense of drag racing;
23		9. Violation of Chapters 8 and 9 of this Code;
24		10. Violation of Section 12-5 of the Criminal Code of
25		1961 or the Criminal Code of 2012 arising from the use of a
26		motor vehicle;

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1		11. Violation of Section 11-204.1 of this Code relating
2		to aggravated fleeing or attempting to elude a peace
3		officer;
4		12. Violation of paragraph (1) of subsection (b) of
5		Section 6-507, or a similar law of any other state,
6		relating to the unlawful operation of a commercial motor
7		vehicle;
8		13. Violation of paragraph (a) of Section 11-502 of
9		this Code or a similar provision of a local ordinance if
10		the driver has been previously convicted of a violation of
11		that Section or a similar provision of a local ordinance
12		and the driver was less than 21 years of age at the time of
13		the offense;
14		14. Violation of paragraph (a) of Section 11-506 of
15		this Code or a similar provision of a local ordinance
16		relating to the offense of street racing;
17		15. A second or subsequent conviction of driving while
18		the person's driver's license, permit or privileges was
19		revoked for reckless homicide or a similar out-of-state
20		offense;
21		16. Any offense against any provision in this Code, or
22		any local ordinance, regulating the movement of traffic
23		when that offense was the proximate cause of the death of
24		any person. Any person whose driving privileges have been
25		revoked pursuant to this paragraph may seek to have the
26		revocation terminated or to have the length of revocation

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1		reduced by requesting an administrative hearing with the
2		Secretary of State prior to the projected driver's license
3		application eligibility date;
4		17. Violation of subsection (a-2) of Section 11-1301.3
5		of this Code or a similar provision of a local ordinance;
6		18. A second or subsequent conviction of illegal
7		possession, while operating or in actual physical control,
8		as a driver, of a motor vehicle, of any controlled
9		substance prohibited under the Illinois Controlled
10		Substances Act, any cannabis prohibited under the Cannabis
11		Control Act, or any methamphetamine prohibited under the
12		Methamphetamine Control and Community Protection Act. A
13		defendant found guilty of this offense while operating a
14		motor vehicle shall have an entry made in the court record
15		by the presiding judge that this offense did occur while
16		the defendant was operating a motor vehicle and order the
17		clerk of the court to report the violation to the Secretary
18		of State;
19		19. Violation of subsection (a) of Section 11-1414 of
20		this Code, or a similar provision of a local ordinance,
21		relating to the offense of overtaking or passing of a
22		school bus when the driver, in committing the violation, is
23		involved in a motor vehicle accident that results in death
24		to another and the violation is a proximate cause of the
25		death.
26		(b) The Secretary of State shall also immediately revoke

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1		the license or permit of any driver in the following
2		situations:
3		1. Of any minor upon receiving the notice provided for
4		in Section 5-901 of the Juvenile Court Act of 1987 that the
5		minor has been adjudicated under that Act as having
6		committed an offense relating to motor vehicles prescribed
7		in Section 4-103 of this Code;
8		2. Of any person when any other law of this State
9		requires either the revocation or suspension of a license
10		or permit;
11		3. Of any person adjudicated under the Juvenile Court
12		Act of 1987 based on an offense determined to have been
13		committed in furtherance of the criminal activities of an
14		organized gang as provided in Section 5-710 of that Act,
15		and that involved the operation or use of a motor vehicle
16		or the use of a driver's license or permit. The revocation
17		shall remain in effect for the period determined by the
18		court.
19		(c)(1) Whenever a person is convicted of any of the
20		offenses enumerated in this Section, the court may recommend
21		and the Secretary of State in his discretion, without regard to
22		whether the recommendation is made by the court may, upon
23		application, issue to the person a restricted driving permit
24		granting the privilege of driving a motor vehicle between the
25		petitioner's residence and petitioner's place of employment or
26		within the scope of the petitioner's employment related duties,

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1		or to allow the petitioner to transport himself or herself or a
2		family member of the petitioner's household to a medical
3		facility for the receipt of necessary medical care or to allow
4		the petitioner to transport himself or herself to and from
5		alcohol or drug remedial or rehabilitative activity
6		recommended by a licensed service provider, or to allow the
7		petitioner to transport himself or herself or a family member
8		of the petitioner's household to classes, as a student, at an
9		accredited educational institution, or to allow the petitioner
10		to transport children, elderly persons, or persons with
11		disabilities who do not hold driving privileges and are living
12		in the petitioner's household to and from daycare; if the
13		petitioner is able to demonstrate that no alternative means of
14		transportation is reasonably available and that the petitioner
15		will not endanger the public safety or welfare; provided that
16		the Secretary's discretion shall be limited to cases where
17		undue hardship, as defined by the rules of the Secretary of
18		State, would result from a failure to issue the restricted
19		driving permit.
20		(1.5) A person subject to the provisions of paragraph 4 of
21		subsection (b) of Section 6-208 of this Code may make
22		application for a restricted driving permit at a hearing
23		conducted under Section 2-118 of this Code after the expiration
24		of 5 years from the effective date of the most recent
25		revocation, or after 5 years from the date of release from a
26		period of imprisonment resulting from a conviction of the most

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1		recent offense, whichever is later, provided the person, in
2		addition to all other requirements of the Secretary, shows by
3		clear and convincing evidence:
4		(A) a minimum of 3 years of uninterrupted abstinence
5		from alcohol and the unlawful use or consumption of
6		cannabis under the Cannabis Control Act, a controlled
7		substance under the Illinois Controlled Substances Act, an
8		intoxicating compound under the Use of Intoxicating
9		Compounds Act, or methamphetamine under the
10		Methamphetamine Control and Community Protection Act; and
11		(B) the successful completion of any rehabilitative
12		treatment and involvement in any ongoing rehabilitative
13		activity that may be recommended by a properly licensed
14		service provider according to an assessment of the person's
15		alcohol or drug use under Section 11-501.01 of this Code.
16		In determining whether an applicant is eligible for a
17		restricted driving permit under this paragraph (1.5), the
18		Secretary may consider any relevant evidence, including, but
19		not limited to, testimony, affidavits, records, and the results
20		of regular alcohol or drug tests. Persons subject to the
21		provisions of paragraph 4 of subsection (b) of Section 6-208 of
22		this Code and who have been convicted of more than one
23		violation of paragraph (3), paragraph (4), or paragraph (5) of
24		subsection (a) of Section 11-501 of this Code shall not be
25		eligible to apply for a restricted driving permit.
26		A restricted driving permit issued under this paragraph

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1		(1.5) shall provide that the holder may only operate motor
2		vehicles equipped with an ignition interlock device as required
3		under paragraph (2) of subsection (c) of this Section and
4		subparagraph (A) of paragraph 3 of subsection (c) of Section
5		6-206 of this Code. The Secretary may revoke a restricted
6		driving permit or amend the conditions of a restricted driving
7		permit issued under this paragraph (1.5) if the holder operates
8		a vehicle that is not equipped with an ignition interlock
9		device, or for any other reason authorized under this Code.
10		A restricted driving permit issued under this paragraph
11		(1.5) shall be revoked, and the holder barred from applying for
12		or being issued a restricted driving permit in the future, if
13		the holder is subsequently convicted of a violation of Section
14		11-501 of this Code, a similar provision of a local ordinance,
15		or a similar offense in another state.
16		(2) If a person's license or permit is revoked or suspended
17		due to 2 or more convictions of violating Section 11-501 of
18		this Code or a similar provision of a local ordinance or a
19		similar out-of-state offense, or Section 9-3 of the Criminal
20		Code of 1961 or the Criminal Code of 2012, where the use of
21		alcohol or other drugs is recited as an element of the offense,
22		or a similar out-of-state offense, or a combination of these
23		offenses, arising out of separate occurrences, that person, if
24		issued a restricted driving permit, may not operate a vehicle
25		unless it has been equipped with an ignition interlock device
26		as defined in Section 1-129.1.

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1		(3) If:
2		(A) a person's license or permit is revoked or
3		suspended 2 or more times due to any combination of:
4		(i) a single conviction of violating Section
5		11-501 of this Code or a similar provision of a local
6		ordinance or a similar out-of-state offense, or
7		Section 9-3 of the Criminal Code of 1961 or the
8		Criminal Code of 2012, where the use of alcohol or
9		other drugs is recited as an element of the offense, or
10		a similar out-of-state offense; or
11		(ii) a statutory summary suspension or revocation
12		under Section 11-501.1; or
13		(iii) a suspension pursuant to Section 6-203.1;
14		arising out of separate occurrences; or
15		(B) a person has been convicted of one violation of
16		subparagraph (C) or (F) of paragraph (1) of subsection (d)
17		of Section 11-501 of this Code, Section 9-3 of the Criminal
18		Code of 1961 or the Criminal Code of 2012, relating to the
19		offense of reckless homicide where the use of alcohol or
20		other drugs was recited as an element of the offense, or a
21		similar provision of a law of another state;
22		that person, if issued a restricted driving permit, may not
23		operate a vehicle unless it has been equipped with an ignition
24		interlock device as defined in Section 1-129.1.
25		(4) The person issued a permit conditioned on the use of an
26		ignition interlock device must pay to the Secretary of State

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1		DUI Administration Fund an amount not to exceed $30 per month.
2		The Secretary shall establish by rule the amount and the
3		procedures, terms, and conditions relating to these fees.
4		(5) If the restricted driving permit is issued for
5		employment purposes, then the prohibition against operating a
6		motor vehicle that is not equipped with an ignition interlock
7		device does not apply to the operation of an occupational
8		vehicle owned or leased by that person's employer when used
9		solely for employment purposes. For any person who, within a
10		5-year period, is convicted of a second or subsequent offense
11		under Section 11-501 of this Code, or a similar provision of a
12		local ordinance or similar out-of-state offense, this
13		employment exemption does not apply until either a one-year
14		period has elapsed during which that person had his or her
15		driving privileges revoked or a one-year period has elapsed
16		during which that person had a restricted driving permit which
17		required the use of an ignition interlock device on every motor
18		vehicle owned or operated by that person.
19		(6) In each case the Secretary of State may issue a
20		restricted driving permit for a period he deems appropriate,
21		except that the permit shall expire within one year from the
22		date of issuance. A restricted driving permit issued under this
23		Section shall be subject to cancellation, revocation, and
24		suspension by the Secretary of State in like manner and for
25		like cause as a driver's license issued under this Code may be
26		cancelled, revoked, or suspended; except that a conviction upon

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1		one or more offenses against laws or ordinances regulating the
2		movement of traffic shall be deemed sufficient cause for the
3		revocation, suspension, or cancellation of a restricted
4		driving permit. The Secretary of State may, as a condition to
5		the issuance of a restricted driving permit, require the
6		petitioner to participate in a designated driver remedial or
7		rehabilitative program. The Secretary of State is authorized to
8		cancel a restricted driving permit if the permit holder does
9		not successfully complete the program. However, if an
10		individual's driving privileges have been revoked in
11		accordance with paragraph 13 of subsection (a) of this Section,
12		no restricted driving permit shall be issued until the
13		individual has served 6 months of the revocation period.
14		(c-5) (Blank).
15		(c-6) If a person is convicted of a second violation of
16		operating a motor vehicle while the person's driver's license,
17		permit or privilege was revoked, where the revocation was for a
18		violation of Section 9-3 of the Criminal Code of 1961 or the
19		Criminal Code of 2012 relating to the offense of reckless
20		homicide or a similar out-of-state offense, the person's
21		driving privileges shall be revoked pursuant to subdivision
22		(a)(15) of this Section. The person may not make application
23		for a license or permit until the expiration of five years from
24		the effective date of the revocation or the expiration of five
25		years from the date of release from a term of imprisonment,
26		whichever is later.

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1		(c-7) If a person is convicted of a third or subsequent
2		violation of operating a motor vehicle while the person's
3		driver's license, permit or privilege was revoked, where the
4		revocation was for a violation of Section 9-3 of the Criminal
5		Code of 1961 or the Criminal Code of 2012 relating to the
6		offense of reckless homicide or a similar out-of-state offense,
7		the person may never apply for a license or permit.
8		(d)(1) Whenever a person under the age of 21 is convicted
9		under Section 11-501 of this Code or a similar provision of a
10		local ordinance or a similar out-of-state offense, the
11		Secretary of State shall revoke the driving privileges of that
12		person. One year after the date of revocation, and upon
13		application, the Secretary of State may, if satisfied that the
14		person applying will not endanger the public safety or welfare,
15		issue a restricted driving permit granting the privilege of
16		driving a motor vehicle only between the hours of 5 a.m. and 9
17		p.m. or as otherwise provided by this Section for a period of
18		one year. After this one-year period, and upon reapplication
19		for a license as provided in Section 6-106, upon payment of the
20		appropriate reinstatement fee provided under paragraph (b) of
21		Section 6-118, the Secretary of State, in his discretion, may
22		reinstate the petitioner's driver's license and driving
23		privileges, or extend the restricted driving permit as many
24		times as the Secretary of State deems appropriate, by
25		additional periods of not more than 12 months each.
26		(2) If a person's license or permit is revoked or

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1		suspended due to 2 or more convictions of violating Section
2		11-501 of this Code or a similar provision of a local
3		ordinance or a similar out-of-state offense, or Section 9-3
4		of the Criminal Code of 1961 or the Criminal Code of 2012,
5		where the use of alcohol or other drugs is recited as an
6		element of the offense, or a similar out-of-state offense,
7		or a combination of these offenses, arising out of separate
8		occurrences, that person, if issued a restricted driving
9		permit, may not operate a vehicle unless it has been
10		equipped with an ignition interlock device as defined in
11		Section 1-129.1.
12		(3) If a person's license or permit is revoked or
13		suspended 2 or more times due to any combination of:
14		(A) a single conviction of violating Section
15		11-501 of this Code or a similar provision of a local
16		ordinance or a similar out-of-state offense, or
17		Section 9-3 of the Criminal Code of 1961 or the
18		Criminal Code of 2012, where the use of alcohol or
19		other drugs is recited as an element of the offense, or
20		a similar out-of-state offense; or
21		(B) a statutory summary suspension or revocation
22		under Section 11-501.1; or
23		(C) a suspension pursuant to Section 6-203.1;
24		arising out of separate occurrences, that person, if issued
25		a restricted driving permit, may not operate a vehicle
26		unless it has been equipped with an ignition interlock

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1		device as defined in Section 1-129.1.
2		(3.5) If a person's license or permit is revoked or
3		suspended due to a conviction for a violation of
4		subparagraph (C) or (F) of paragraph (1) of subsection (d)
5		of Section 11-501 of this Code, or a similar provision of a
6		local ordinance or similar out-of-state offense, that
7		person, if issued a restricted driving permit, may not
8		operate a vehicle unless it has been equipped with an
9		ignition interlock device as defined in Section 1-129.1.
10		(4) The person issued a permit conditioned upon the use
11		of an interlock device must pay to the Secretary of State
12		DUI Administration Fund an amount not to exceed $30 per
13		month. The Secretary shall establish by rule the amount and
14		the procedures, terms, and conditions relating to these
15		fees.
16		(5) If the restricted driving permit is issued for
17		employment purposes, then the prohibition against driving
18		a vehicle that is not equipped with an ignition interlock
19		device does not apply to the operation of an occupational
20		vehicle owned or leased by that person's employer when used
21		solely for employment purposes. For any person who, within
22		a 5-year period, is convicted of a second or subsequent
23		offense under Section 11-501 of this Code, or a similar
24		provision of a local ordinance or similar out-of-state
25		offense, this employment exemption does not apply until
26		either a one-year period has elapsed during which that

SB2411 Engrossed - 33 - LRB100 17944 LNS 33128 b
1		person had his or her driving privileges revoked or a
2		one-year period has elapsed during which that person had a
3		restricted driving permit which required the use of an
4		ignition interlock device on every motor vehicle owned or
5		operated by that person.
6		(6) A restricted driving permit issued under this
7		Section shall be subject to cancellation, revocation, and
8		suspension by the Secretary of State in like manner and for
9		like cause as a driver's license issued under this Code may
10		be cancelled, revoked, or suspended; except that a
11		conviction upon one or more offenses against laws or
12		ordinances regulating the movement of traffic shall be
13		deemed sufficient cause for the revocation, suspension, or
14		cancellation of a restricted driving permit.
15		(d-5) The revocation of the license, permit, or driving
16		privileges of a person convicted of a third or subsequent
17		violation of Section 6-303 of this Code committed while his or
18		her driver's license, permit, or privilege was revoked because
19		of a violation of Section 9-3 of the Criminal Code of 1961 or
20		the Criminal Code of 2012, relating to the offense of reckless
21		homicide, or a similar provision of a law of another state, is
22		permanent. The Secretary may not, at any time, issue a license
23		or permit to that person.
24		(e) This Section is subject to the provisions of the Driver
25		License Compact.
26		(f) Any revocation imposed upon any person under

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1		subsections 2 and 3 of paragraph (b) that is in effect on
2		December 31, 1988 shall be converted to a suspension for a like
3		period of time.
4		(g) 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 revoked under any provisions of
7		this Code.
8		(h) The Secretary of State shall require the use of
9		ignition interlock devices for a period not less than 5 years
10		on all vehicles owned by a person who has been convicted of a
11		second or subsequent offense under Section 11-501 of this Code
12		or a similar provision of a local ordinance. The person must
13		pay to the Secretary of State DUI Administration Fund an amount
14		not to exceed $30 for each month that he or she uses the
15		device. The Secretary shall establish by rule and regulation
16		the procedures for certification and use of the interlock
17		system, the amount of the fee, and the procedures, terms, and
18		conditions relating to these fees. During the time period in
19		which a person is required to install an ignition interlock
20		device under this subsection (h), that person shall only
21		operate vehicles in which ignition interlock devices have been
22		installed, except as allowed by subdivision (c)(5) or (d)(5) of
23		this Section.
24		(i) (Blank).
25		(j) In accordance with 49 C.F.R. 384, the Secretary of
26		State may not issue a restricted driving permit for the

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1		operation of a commercial motor vehicle to a person holding a
2		CDL whose driving privileges have been revoked, suspended,
3		cancelled, or disqualified under any provisions of this Code.
4		(k) The Secretary of State shall notify by mail any person
5		whose driving privileges have been revoked under paragraph 16
6		of subsection (a) of this Section that his or her driving
7		privileges and driver's license will be revoked 90 days from
8		the date of the mailing of the notice.
9		(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
10		99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
11		99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16;
12		100-223, eff. 8-18-17.)
13		(625 ILCS 5/6-206)
14		Sec. 6-206. Discretionary authority to suspend or revoke
15		license or permit; right to a hearing.
16		(a) The Secretary of State is authorized to suspend or
17		revoke the driving privileges of any person without preliminary
18		hearing upon a showing of the person's records or other
19		sufficient evidence that the person:
20		1. Has committed an offense for which mandatory
21		revocation of a driver's license or permit is required upon
22		conviction;
23		2. Has been convicted of not less than 3 offenses
24		against traffic regulations governing the movement of
25		vehicles committed within any 12 month period. No

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1		revocation or suspension shall be entered more than 6
2		months after the date of last conviction;
3		3. Has been repeatedly involved as a driver in motor
4		vehicle collisions or has been repeatedly convicted of
5		offenses against laws and ordinances regulating the
6		movement of traffic, to a degree that indicates lack of
7		ability to exercise ordinary and reasonable care in the
8		safe operation of a motor vehicle or disrespect for the
9		traffic laws and the safety of other persons upon the
10		highway;
11		4. Has by the unlawful operation of a motor vehicle
12		caused or contributed to an accident resulting in injury
13		requiring immediate professional treatment in a medical
14		facility or doctor's office to any person, except that any
15		suspension or revocation imposed by the Secretary of State
16		under the provisions of this subsection shall start no
17		later than 6 months after being convicted of violating a
18		law or ordinance regulating the movement of traffic, which
19		violation is related to the accident, or shall start not
20		more than one year after the date of the accident,
21		whichever date occurs later;
22		5. Has permitted an unlawful or fraudulent use of a
23		driver's license, identification card, or permit;
24		6. Has been lawfully convicted of an offense or
25		offenses in another state, including the authorization
26		contained in Section 6-203.1, which if committed within

SB2411 Engrossed - 37 - LRB100 17944 LNS 33128 b
1		this State would be grounds for suspension or revocation;
2		7. Has refused or failed to submit to an examination
3		provided for by Section 6-207 or has failed to pass the
4		examination;
5		8. Is ineligible for a driver's license or permit under
6		the provisions of Section 6-103;
7		9. Has made a false statement or knowingly concealed a
8		material fact or has used false information or
9		identification in any application for a license,
10		identification card, or permit;
11		10. Has possessed, displayed, or attempted to
12		fraudulently use any license, identification card, or
13		permit not issued to the person;
14		11. Has operated a motor vehicle upon a highway of this
15		State when the person's driving privilege or privilege to
16		obtain a driver's license or permit was revoked or
17		suspended unless the operation was authorized by a
18		monitoring device driving permit, judicial driving permit
19		issued prior to January 1, 2009, probationary license to
20		drive, or a restricted driving permit issued under this
21		Code;
22		12. Has submitted to any portion of the application
23		process for another person or has obtained the services of
24		another person to submit to any portion of the application
25		process for the purpose of obtaining a license,
26		identification card, or permit for some other person;

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1		13. Has operated a motor vehicle upon a highway of this
2		State when the person's driver's license or permit was
3		invalid under the provisions of Sections 6-107.1 and 6-110;
4		14. Has committed a violation of Section 6-301,
5		6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
6		14B of the Illinois Identification Card Act;
7		15. Has been convicted of violating Section 21-2 of the
8		Criminal Code of 1961 or the Criminal Code of 2012 relating
9		to criminal trespass to vehicles if the person exercised
10		actual physical control over the vehicle during the
11		commission of the offense, in which case, the suspension
12		shall be for one year;
13		16. Has been convicted of violating Section 11-204 of
14		this Code relating to fleeing from a peace officer;
15		17. Has refused to submit to a test, or tests, as
16		required under Section 11-501.1 of this Code and the person
17		has not sought a hearing as provided for in Section
18		11-501.1;
19		18. (Blank); Has, since issuance of a driver's license
20		or permit, been adjudged to be afflicted with or suffering
21		from any mental disability or disease;
22		19. Has committed a violation of paragraph (a) or (b)
23		of Section 6-101 relating to driving without a driver's
24		license;
25		20. Has been convicted of violating Section 6-104
26		relating to classification of driver's license;

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1		21. Has been convicted of violating Section 11-402 of
2		this Code relating to leaving the scene of an accident
3		resulting in damage to a vehicle in excess of $1,000, in
4		which case the suspension shall be for one year;
5		22. Has used a motor vehicle in violating paragraph
6		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
7		the Criminal Code of 1961 or the Criminal Code of 2012
8		relating to unlawful use of weapons, in which case the
9		suspension shall be for one year;
10		23. Has, as a driver, been convicted of committing a
11		violation of paragraph (a) of Section 11-502 of this Code
12		for a second or subsequent time within one year of a
13		similar violation;
14		24. Has been convicted by a court-martial or punished
15		by non-judicial punishment by military authorities of the
16		United States at a military installation in Illinois or in
17		another state of or for a traffic related offense that is
18		the same as or similar to an offense specified under
19		Section 6-205 or 6-206 of this Code;
20		25. Has permitted any form of identification to be used
21		by another in the application process in order to obtain or
22		attempt to obtain a license, identification card, or
23		permit;
24		26. Has altered or attempted to alter a license or has
25		possessed an altered license, identification card, or
26		permit;

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1		27. (Blank); Has violated Section 6-16 of the Liquor
2		Control Act of 1934;
3		28. Has been convicted for a first time of the illegal
4		possession, while operating or in actual physical control,
5		as a driver, of a motor vehicle, of any controlled
6		substance prohibited under the Illinois Controlled
7		Substances Act, any cannabis prohibited under the Cannabis
8		Control Act, or any methamphetamine prohibited under the
9		Methamphetamine Control and Community Protection Act, in
10		which case the person's driving privileges shall be
11		suspended for one year. Any defendant found guilty of this
12		offense while operating a motor vehicle, shall have an
13		entry made in the court record by the presiding judge that
14		this offense did occur while the defendant was operating a
15		motor vehicle and order the clerk of the court to report
16		the violation to the Secretary of State;
17		29. Has been convicted of the following offenses that
18		were committed while the person was operating or in actual
19		physical control, as a driver, of a motor vehicle: criminal
20		sexual assault, predatory criminal sexual assault of a
21		child, aggravated criminal sexual assault, criminal sexual
22		abuse, aggravated criminal sexual abuse, juvenile pimping,
23		soliciting for a juvenile prostitute, promoting juvenile
24		prostitution as described in subdivision (a)(1), (a)(2),
25		or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
26		or the Criminal Code of 2012, and the manufacture, sale or

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1		delivery of controlled substances or instruments used for
2		illegal drug use or abuse in which case the driver's
3		driving privileges shall be suspended for one year;
4		30. Has been convicted a second or subsequent time for
5		any combination of the offenses named in paragraph 29 of
6		this subsection, in which case the person's driving
7		privileges shall be suspended for 5 years;
8		31. Has refused to submit to a test as required by
9		Section 11-501.6 of this Code or Section 5-16c of the Boat
10		Registration and Safety Act or has submitted to a test
11		resulting in an alcohol concentration of 0.08 or more or
12		any amount of a drug, substance, or compound resulting from
13		the unlawful use or consumption of cannabis as listed in
14		the Cannabis Control Act, a controlled substance as listed
15		in the Illinois Controlled Substances Act, an intoxicating
16		compound as listed in the Use of Intoxicating Compounds
17		Act, or methamphetamine as listed in the Methamphetamine
18		Control and Community Protection Act, in which case the
19		penalty shall be as prescribed in Section 6-208.1;
20		32. Has been convicted of Section 24-1.2 of the
21		Criminal Code of 1961 or the Criminal Code of 2012 relating
22		to the aggravated discharge of a firearm if the offender
23		was located in a motor vehicle at the time the firearm was
24		discharged, in which case the suspension shall be for 3
25		years;
26		33. Has as a driver, who was less than 21 years of age

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1		on the date of the offense, been convicted a first time of
2		a violation of paragraph (a) of Section 11-502 of this Code
3		or a similar provision of a local ordinance;
4		34. Has committed a violation of Section 11-1301.5 of
5		this Code or a similar provision of a local ordinance;
6		35. Has committed a violation of Section 11-1301.6 of
7		this Code or a similar provision of a local ordinance;
8		36. Is under the age of 21 years at the time of arrest
9		and has been convicted of not less than 2 offenses against
10		traffic regulations governing the movement of vehicles
11		committed within any 24 month period. No revocation or
12		suspension shall be entered more than 6 months after the
13		date of last conviction;
14		37. Has committed a violation of subsection (c) of
15		Section 11-907 of this Code that resulted in damage to the
16		property of another or the death or injury of another;
17		38. Has been convicted of a violation of Section 6-20
18		of the Liquor Control Act of 1934 or a similar provision of
19		a local ordinance and the person was an occupant of a motor
20		vehicle at the time of the violation;
21		39. Has committed a second or subsequent violation of
22		Section 11-1201 of this Code;
23		40. Has committed a violation of subsection (a-1) of
24		Section 11-908 of this Code;
25		41. Has committed a second or subsequent violation of
26		Section 11-605.1 of this Code, a similar provision of a

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1		local ordinance, or a similar violation in any other state
2		within 2 years of the date of the previous violation, in
3		which case the suspension shall be for 90 days;
4		42. Has committed a violation of subsection (a-1) of
5		Section 11-1301.3 of this Code or a similar provision of a
6		local ordinance;
7		43. Has received a disposition of court supervision for
8		a violation of subsection (a), (d), or (e) of Section 6-20
9		of the Liquor Control Act of 1934 or a similar provision of
10		a local ordinance and the person was an occupant of a motor
11		vehicle at the time of the violation, in which case the
12		suspension shall be for a period of 3 months;
13		44. Is under the age of 21 years at the time of arrest
14		and has been convicted of an offense against traffic
15		regulations governing the movement of vehicles after
16		having previously had his or her driving privileges
17		suspended or revoked pursuant to subparagraph 36 of this
18		Section;
19		45. Has, in connection with or during the course of a
20		formal hearing conducted under Section 2-118 of this Code:
21		(i) committed perjury; (ii) submitted fraudulent or
22		falsified documents; (iii) submitted documents that have
23		been materially altered; or (iv) submitted, as his or her
24		own, documents that were in fact prepared or composed for
25		another person;
26		46. Has committed a violation of subsection (j) of

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1		Section 3-413 of this Code;
2		47. Has committed a violation of subsection (a) of
3		Section 11-502.1 of this Code; or
4		48. Has submitted a falsified or altered medical
5		examiner's certificate to the Secretary of State or
6		provided false information to obtain a medical examiner's
7		certificate.
8		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
9		and 27 of this subsection, license means any driver's license,
10		any traffic ticket issued when the person's driver's license is
11		deposited in lieu of bail, a suspension notice issued by the
12		Secretary of State, a duplicate or corrected driver's license,
13		a probationary driver's license or a temporary driver's
14		license.
15		(b) If any conviction forming the basis of a suspension or
16		revocation authorized under this Section is appealed, the
17		Secretary of State may rescind or withhold the entry of the
18		order of suspension or revocation, as the case may be, provided
19		that a certified copy of a stay order of a court is filed with
20		the Secretary of State. If the conviction is affirmed on
21		appeal, the date of the conviction shall relate back to the
22		time the original judgment of conviction was entered and the 6
23		month limitation prescribed shall not apply.
24		(c) 1. Upon suspending or revoking the driver's license or
25		permit of any person as authorized in this Section, the
26		Secretary of State shall immediately notify the person in

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1		writing of the revocation or suspension. The notice to be
2		deposited in the United States mail, postage prepaid, to the
3		last known address of the person.
4		2. If the Secretary of State suspends the driver's license
5		of a person under subsection 2 of paragraph (a) of this
6		Section, a person's privilege to operate a vehicle as an
7		occupation shall not be suspended, provided an affidavit is
8		properly completed, the appropriate fee received, and a permit
9		issued prior to the effective date of the suspension, unless 5
10		offenses were committed, at least 2 of which occurred while
11		operating a commercial vehicle in connection with the driver's
12		regular occupation. All other driving privileges shall be
13		suspended by the Secretary of State. Any driver prior to
14		operating a vehicle for occupational purposes only must submit
15		the affidavit on forms to be provided by the Secretary of State
16		setting forth the facts of the person's occupation. The
17		affidavit shall also state the number of offenses committed
18		while operating a vehicle in connection with the driver's
19		regular occupation. The affidavit shall be accompanied by the
20		driver's license. Upon receipt of a properly completed
21		affidavit, the Secretary of State shall issue the driver a
22		permit to operate a vehicle in connection with the driver's
23		regular occupation only. Unless the permit is issued by the
24		Secretary of State prior to the date of suspension, the
25		privilege to drive any motor vehicle shall be suspended as set
26		forth in the notice that was mailed under this Section. If an

SB2411 Engrossed - 46 - LRB100 17944 LNS 33128 b
1		affidavit is received subsequent to the effective date of this
2		suspension, a permit may be issued for the remainder of the
3		suspension period.
4		The provisions of this subparagraph shall not apply to any
5		driver required to possess a CDL for the purpose of operating a
6		commercial motor vehicle.
7		Any person who falsely states any fact in the affidavit
8		required herein shall be guilty of perjury under Section 6-302
9		and upon conviction thereof shall have all driving privileges
10		revoked without further rights.
11		3. At the conclusion of a hearing under Section 2-118 of
12		this Code, the Secretary of State shall either rescind or
13		continue an order of revocation or shall substitute an order of
14		suspension; or, good cause appearing therefor, rescind,
15		continue, change, or extend the order of suspension. If the
16		Secretary of State does not rescind the order, the Secretary
17		may upon application, to relieve undue hardship (as defined by
18		the rules of the Secretary of State), issue a restricted
19		driving permit granting the privilege of driving a motor
20		vehicle between the petitioner's residence and petitioner's
21		place of employment or within the scope of the petitioner's
22		employment related duties, or to allow the petitioner to
23		transport himself or herself, or a family member of the
24		petitioner's household to a medical facility, to receive
25		necessary medical care, to allow the petitioner to transport
26		himself or herself to and from alcohol or drug remedial or

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1		rehabilitative activity recommended by a licensed service
2		provider, or to allow the petitioner to transport himself or
3		herself or a family member of the petitioner's household to
4		classes, as a student, at an accredited educational
5		institution, or to allow the petitioner to transport children,
6		elderly persons, or persons with disabilities who do not hold
7		driving privileges and are living in the petitioner's household
8		to and from daycare. The petitioner must demonstrate that no
9		alternative means of transportation is reasonably available
10		and that the petitioner will not endanger the public safety or
11		welfare.
12		(A) If a person's license or permit is revoked or
13		suspended due to 2 or more convictions of violating Section
14		11-501 of this Code or a similar provision of a local
15		ordinance or a similar out-of-state offense, or Section 9-3
16		of the Criminal Code of 1961 or the Criminal Code of 2012,
17		where the use of alcohol or other drugs is recited as an
18		element of the offense, or a similar out-of-state offense,
19		or a combination of these offenses, arising out of separate
20		occurrences, that person, if issued a restricted driving
21		permit, may not operate a vehicle unless it has been
22		equipped with an ignition interlock device as defined in
23		Section 1-129.1.
24		(B) If a person's license or permit is revoked or
25		suspended 2 or more times due to any combination of:
26		(i) a single conviction of violating Section

SB2411 Engrossed - 48 - LRB100 17944 LNS 33128 b
1		11-501 of this Code or a similar provision of a local
2		ordinance or a similar out-of-state offense or Section
3		9-3 of the Criminal Code of 1961 or the Criminal Code
4		of 2012, where the use of alcohol or other drugs is
5		recited as an element of the offense, or a similar
6		out-of-state offense; or
7		(ii) a statutory summary suspension or revocation
8		under Section 11-501.1; or
9		(iii) a suspension under Section 6-203.1;
10		arising out of separate occurrences; that person, if issued
11		a restricted driving permit, may not operate a vehicle
12		unless it has been equipped with an ignition interlock
13		device as defined in Section 1-129.1.
14		(B-5) If a person's license or permit is revoked or
15		suspended due to a conviction for a violation of
16		subparagraph (C) or (F) of paragraph (1) of subsection (d)
17		of Section 11-501 of this Code, or a similar provision of a
18		local ordinance or similar out-of-state offense, that
19		person, if issued a restricted driving permit, may not
20		operate a vehicle unless it has been equipped with an
21		ignition interlock device as defined in Section 1-129.1.
22		(C) The person issued a permit conditioned upon the use
23		of an ignition interlock device must pay to the Secretary
24		of State DUI Administration Fund an amount not to exceed
25		$30 per month. The Secretary shall establish by rule the
26		amount and the procedures, terms, and conditions relating

SB2411 Engrossed - 49 - LRB100 17944 LNS 33128 b
1		to these fees.
2		(D) If the restricted driving permit is issued for
3		employment purposes, then the prohibition against
4		operating a motor vehicle that is not equipped with an
5		ignition interlock device does not apply to the operation
6		of an occupational vehicle owned or leased by that person's
7		employer when used solely for employment purposes. For any
8		person who, within a 5-year period, is convicted of a
9		second or subsequent offense under Section 11-501 of this
10		Code, or a similar provision of a local ordinance or
11		similar out-of-state offense, this employment exemption
12		does not apply until either a one-year period has elapsed
13		during which that person had his or her driving privileges
14		revoked or a one-year period has elapsed during which that
15		person had a restricted driving permit which required the
16		use of an ignition interlock device on every motor vehicle
17		owned or operated by that person.
18		(E) In each case the Secretary may issue a restricted
19		driving permit for a period deemed appropriate, except that
20		all permits shall expire within one year from the date of
21		issuance. A restricted driving permit issued under this
22		Section shall be subject to cancellation, revocation, and
23		suspension by the Secretary of State in like manner and for
24		like cause as a driver's license issued under this Code may
25		be cancelled, revoked, or suspended; except that a
26		conviction upon one or more offenses against laws or

SB2411 Engrossed - 50 - LRB100 17944 LNS 33128 b
1		ordinances regulating the movement of traffic shall be
2		deemed sufficient cause for the revocation, suspension, or
3		cancellation of a restricted driving permit. The Secretary
4		of State may, as a condition to the issuance of a
5		restricted driving permit, require the applicant to
6		participate in a designated driver remedial or
7		rehabilitative program. The Secretary of State is
8		authorized to cancel a restricted driving permit if the
9		permit holder does not successfully complete the program.
10		(F) A person subject to the provisions of paragraph 4
11		of subsection (b) of Section 6-208 of this Code may make
12		application for a restricted driving permit at a hearing
13		conducted under Section 2-118 of this Code after the
14		expiration of 5 years from the effective date of the most
15		recent revocation or after 5 years from the date of release
16		from a period of imprisonment resulting from a conviction
17		of the most recent offense, whichever is later, provided
18		the person, in addition to all other requirements of the
19		Secretary, shows by clear and convincing evidence:
20		(i) a minimum of 3 years of uninterrupted
21		abstinence from alcohol and the unlawful use or
22		consumption of cannabis under the Cannabis Control
23		Act, a controlled substance under the Illinois
24		Controlled Substances Act, an intoxicating compound
25		under the Use of Intoxicating Compounds Act, or
26		methamphetamine under the Methamphetamine Control and

SB2411 Engrossed - 51 - LRB100 17944 LNS 33128 b
1		Community Protection Act; and
2		(ii) the successful completion of any
3		rehabilitative treatment and involvement in any
4		ongoing rehabilitative activity that may be
5		recommended by a properly licensed service provider
6		according to an assessment of the person's alcohol or
7		drug use under Section 11-501.01 of this Code.
8		In determining whether an applicant is eligible for a
9		restricted driving permit under this subparagraph (F), the
10		Secretary may consider any relevant evidence, including,
11		but not limited to, testimony, affidavits, records, and the
12		results of regular alcohol or drug tests. Persons subject
13		to the provisions of paragraph 4 of subsection (b) of
14		Section 6-208 of this Code and who have been convicted of
15		more than one violation of paragraph (3), paragraph (4), or
16		paragraph (5) of subsection (a) of Section 11-501 of this
17		Code shall not be eligible to apply for a restricted
18		driving permit under this subparagraph (F).
19		A restricted driving permit issued under this
20		subparagraph (F) shall provide that the holder may only
21		operate motor vehicles equipped with an ignition interlock
22		device as required under paragraph (2) of subsection (c) of
23		Section 6-205 of this Code and subparagraph (A) of
24		paragraph 3 of subsection (c) of this Section. The
25		Secretary may revoke a restricted driving permit or amend
26		the conditions of a restricted driving permit issued under

SB2411 Engrossed - 52 - LRB100 17944 LNS 33128 b
1		this subparagraph (F) if the holder operates a vehicle that
2		is not equipped with an ignition interlock device, or for
3		any other reason authorized under this Code.
4		A restricted driving permit issued under this
5		subparagraph (F) shall be revoked, and the holder barred
6		from applying for or being issued a restricted driving
7		permit in the future, if the holder is convicted of a
8		violation of Section 11-501 of this Code, a similar
9		provision of a local ordinance, or a similar offense in
10		another state.
11		(c-3) In the case of a suspension under paragraph 43 of
12		subsection (a), reports received by the Secretary of State
13		under this Section shall, except during the actual time the
14		suspension is in effect, be privileged information and for use
15		only by the courts, police officers, prosecuting authorities,
16		the driver licensing administrator of any other state, the
17		Secretary of State, or the parent or legal guardian of a driver
18		under the age of 18. However, beginning January 1, 2008, if the
19		person is a CDL holder, the suspension shall also be made
20		available to the driver licensing administrator of any other
21		state, the U.S. Department of Transportation, and the affected
22		driver or motor carrier or prospective motor carrier upon
23		request.
24		(c-4) In the case of a suspension under paragraph 43 of
25		subsection (a), the Secretary of State shall notify the person
26		by mail that his or her driving privileges and driver's license

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1		will be suspended one month after the date of the mailing of
2		the notice.
3		(c-5) The Secretary of State may, as a condition of the
4		reissuance of a driver's license or permit to an applicant
5		whose driver's license or permit has been suspended before he
6		or she reached the age of 21 years pursuant to any of the
7		provisions of this Section, require the applicant to
8		participate in a driver remedial education course and be
9		retested under Section 6-109 of this Code.
10		(d) This Section is subject to the provisions of the
11		Drivers License Compact.
12		(e) The Secretary of State shall not issue a restricted
13		driving permit to a person under the age of 16 years whose
14		driving privileges have been suspended or revoked under any
15		provisions of this Code.
16		(f) In accordance with 49 C.F.R. 384, the Secretary of
17		State may not issue a restricted driving permit for the
18		operation of a commercial motor vehicle to a person holding a
19		CDL whose driving privileges have been suspended, revoked,
20		cancelled, or disqualified under any provisions of this Code.
21		(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
22		eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
23		99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
24		99-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
25		(625 ILCS 5/6-209.1 new)

SB2411 Engrossed - 54 - LRB100 17944 LNS 33128 b
1		Sec. 6-209.1. Restoration of driving privileges; right to
2		hearing.
3		(a) The Secretary shall rescind the suspension or
4		cancellation of a person's driver's license that has been
5		suspended or cancelled prior to the effective date of this
6		amendatory Act of the 100th General Assembly due to:
7		(1) the person being convicted of theft of motor fuel
8		under Sections 16-25 or 16K-15 of the Criminal Code of 1961
9		or the Criminal Code of 2012;
10		(2) the person, since the issuance of the driver's
11		license, being adjudged to be afflicted with or suffering
12		from any mental disability or disease;
13		(3) a violation of Section 6-16 of the Liquor Control
14		Act of 1934 or a similar provision of a local ordinance;
15		(4) the person being convicted of a violation of
16		Section 6-20 of the Liquor Control Act of 1934 or a similar
17		provision of a local ordinance, if the person presents a
18		certified copy of a court order that includes a finding
19		that the person was not an occupant of a motor vehicle at
20		the time of the violation;
21		(5) the person receiving a disposition of court
22		supervision for a violation of subsections (a), (d), or (e)
23		of Section 6-20 of the Liquor Control Act of 1934 or a
24		similar provision of a local ordinance, if the person
25		presents a certified copy of a court order that includes a
26		finding that the person was not an occupant of a motor

SB2411 Engrossed - 55 - LRB100 17944 LNS 33128 b
1		vehicle at the time of the violation;
2		(6) the person failing to satisfy any fine or penalty
3		resulting from a final order issued by the Authority
4		relating directly or indirectly to 5 or more toll
5		violations, toll evasions, or both;
6		(7) the person being convicted of a violation of
7		Section 4-102 of this Code, if the person presents a
8		certified copy of a court order that includes a finding
9		that the person did not exercise actual physical control of
10		the vehicle at the time of the violation; or
11		(8) the person being convicted of criminal trespass to
12		vehicles under Section 21-2 of the Criminal Code of 2012,
13		if the person presents a certified copy of a court order
14		that includes a finding that the person did not exercise
15		actual physical control of the vehicle at the time of the
16		violation.
17		(b) In the case of a license that has been suspended before
18		the effective date of this amendatory Act of the 100th General
19		Assembly due to the person failing to pay any fine or penalty
20		due or owing as a result of 10 or more violations of a
21		municipality's or county's vehicular standing, parking, or
22		compliance regulations established by ordinance under Section
23		11-208.3, the municipality or county shall, within 90 days
24		after the effective date of this amendatory Act of the 100th
25		General Assembly, provide the person with notice that the
26		person has a right to a hearing under Section 11-208.3a. The

SB2411 Engrossed - 56 - LRB100 17944 LNS 33128 b
1		notice shall be sent by first class United States mail, postage
2		prepaid, to the address of the registered owner or lessee of
3		the cited vehicle as recorded with the Secretary of State or
4		the lessor of the motor vehicle or, if any notice to that
5		address is returned as undeliverable or unclaimed, by first
6		class mail to the last known address recorded in a United
7		States Post Office approved database.
8		(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
9		Sec. 6-306.5. Failure to pay fine or penalty for standing,
10		parking, compliance, automated speed enforcement system, or
11		automated traffic law violations; suspension of driving
12		privileges.
13		(a) Upon receipt of a certified report, as prescribed by
14		subsection (c) of this Section, from any municipality or county
15		stating that the owner of a registered vehicle: (1) has failed
16		to pay any fine or penalty due and owing as a result of 10 or
17		more violations of a municipality's or county's vehicular
18		standing, parking, or compliance regulations established by
19		ordinance pursuant to Section 11-208.3 of this Code, (2) has
20		failed to pay any fine or penalty due and owing as a result of 5
21		offenses for automated speed enforcement system violations or
22		automated traffic violations as defined in Sections 11-208.6,
23		11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
24		(3) is more than 14 days in default of a payment plan pursuant
25		to which a suspension had been terminated under subsection (c)

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1		of this Section, the Secretary of State shall suspend the
2		driving privileges of such person in accordance with the
3		procedures set forth in this Section. The Secretary shall also
4		suspend the driving privileges of an owner of a registered
5		vehicle upon receipt of a certified report, as prescribed by
6		subsection (f) of this Section, from any municipality or county
7		stating that such person has failed to satisfy any fines or
8		penalties imposed by final judgments for 5 or more automated
9		speed enforcement system or automated traffic law violations,
10		or combination thereof, or 10 or more violations of local
11		standing, parking, or compliance regulations after exhaustion
12		of administrative and judicial review procedures.
13		(b) Following receipt of the certified report of the
14		municipality or county as specified in this Section, the
15		Secretary of State shall notify the person whose name appears
16		on the certified report that the person's driver's drivers
17		license will be suspended at the end of a specified period of
18		time unless the Secretary of State is presented with a notice
19		from the municipality or county certifying that the fine or
20		penalty due and owing the municipality or county has been paid
21		or that inclusion of that person's name on the certified report
22		was in error. The Secretary's notice shall state in substance
23		the information contained in the municipality's or county's
24		certified report to the Secretary, and shall be effective as
25		specified by subsection (c) of Section 6-211 of this Code.
26		(c) The report of the appropriate municipal or county

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1		official notifying the Secretary of State of unpaid fines or
2		penalties pursuant to this Section shall be certified and shall
3		contain the following:
4		(1) The name, last known address as recorded with the
5		Secretary of State, as provided by the lessor of the cited
6		vehicle at the time of lease, or as recorded in a United
7		States Post Office approved database if any notice sent
8		under Section 11-208.3 of this Code is returned as
9		undeliverable, and driver's drivers license number of the
10		person who failed to pay the fine or penalty or who has
11		defaulted in a payment plan and the registration number of
12		any vehicle known to be registered to such person in this
13		State.
14		(2) The name of the municipality or county making the
15		report pursuant to this Section.
16		(3) A statement that the municipality or county sent a
17		notice of impending driver's drivers license suspension as
18		prescribed by ordinance enacted pursuant to Section
19		11-208.3 of this Code or a notice of default in a payment
20		plan, to the person named in the report at the address
21		recorded with the Secretary of State or at the last address
22		known to the lessor of the cited vehicle at the time of
23		lease or, if any notice sent under Section 11-208.3 of this
24		Code is returned as undeliverable, at the last known
25		address recorded in a United States Post Office approved
26		database; the date on which such notice was sent; and the

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1		address to which such notice was sent. In a municipality or
2		county with a population of 1,000,000 or more, the report
3		shall also include a statement that the alleged violator's
4		State vehicle registration number and vehicle make, if
5		specified on the automated speed enforcement system
6		violation or automated traffic law violation notice, are
7		correct as they appear on the citations.
8		(4) A unique identifying reference number for each
9		request of suspension sent whenever a person has failed to
10		pay the fine or penalty or has defaulted on a payment plan.
11		(d) Any municipality or county making a certified report to
12		the Secretary of State pursuant to this Section shall notify
13		the Secretary of State, in a form prescribed by the Secretary,
14		whenever a person named in the certified report has paid the
15		previously reported fine or penalty, whenever a person named in
16		the certified report has entered into a payment plan pursuant
17		to which the municipality or county has agreed to terminate the
18		suspension, or whenever the municipality or county determines
19		that the original report was in error. A certified copy of such
20		notification shall also be given upon request and at no
21		additional charge to the person named therein. Upon receipt of
22		the municipality's or county's notification or presentation of
23		a certified copy of such notification, the Secretary of State
24		shall terminate the suspension.
25		(e) Any municipality or county making a certified report to
26		the Secretary of State pursuant to this Section shall also by

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1		ordinance establish procedures for persons to challenge the
2		accuracy of the certified report. The ordinance shall also
3		state the grounds for such a challenge, which may be limited to
4		(1) the person not having been the owner or lessee of the
5		vehicle or vehicles receiving 10 or more standing, parking, or
6		compliance violation notices or a combination of 5 or more
7		automated speed enforcement system or automated traffic law
8		violations on the date or dates such notices were issued; and
9		(2) the person having already paid the fine or penalty for the
10		10 or more standing, parking, or compliance violations or
11		combination of 5 or more automated speed enforcement system or
12		automated traffic law violations indicated on the certified
13		report.
14		(f) Any municipality or county, other than a municipality
15		or county establishing vehicular standing, parking, and
16		compliance regulations pursuant to Section 11-208.3, automated
17		speed enforcement system regulations under Section 11-208.8,
18		or automated traffic law regulations under Section 11-208.6,
19		11-208.9, or 11-1201.1, may also cause a suspension of a
20		person's driver's drivers license pursuant to this Section.
21		Such municipality or county may invoke this sanction by making
22		a certified report to the Secretary of State upon a person's
23		failure to satisfy any fine or penalty imposed by final
24		judgment for 10 or more violations of local standing, parking,
25		or compliance regulations or a combination of 5 or more
26		automated speed enforcement system or automated traffic law

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1		violations after exhaustion of judicial review procedures, but
2		only if:
3		(1) the municipality or county complies with the
4		provisions of this Section in all respects except in regard
5		to enacting an ordinance pursuant to Section 11-208.3;
6		(2) the municipality or county has sent a notice of
7		impending driver's drivers license suspension as
8		prescribed by an ordinance enacted pursuant to subsection
9		(g) of this Section; and
10		(3) in municipalities or counties with a population of
11		1,000,000 or more, the municipality or county has verified
12		that the alleged violator's State vehicle registration
13		number and vehicle make are correct as they appear on the
14		citations; and
15		(4) in the case of final judgment for 10 or more
16		violations of local standing, parking, or compliance
17		regulations, the municipality or county first conducts a
18		hearing in accordance with Section 11-208.3a.
19		(g) Any municipality or county, other than a municipality
20		or county establishing standing, parking, and compliance
21		regulations pursuant to Section 11-208.3, automated speed
22		enforcement system regulations under Section 11-208.8, or
23		automated traffic law regulations under Section 11-208.6,
24		11-208.9, or 11-1201.1, may provide by ordinance for the
25		sending of a notice of impending driver's drivers license
26		suspension to the person who has failed to satisfy any fine or

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1		penalty imposed by final judgment for 10 or more violations of
2		local standing, parking, or compliance regulations or a
3		combination of 5 or more automated speed enforcement system or
4		automated traffic law violations after exhaustion of judicial
5		review procedures. An ordinance so providing shall specify that
6		the notice sent to the person liable for any fine or penalty
7		shall state that failure to pay the fine or penalty owing
8		within 45 days of the notice's date will result in the
9		municipality or county notifying the Secretary of State that
10		the person's driver's drivers license is eligible for
11		suspension pursuant to this Section. The notice of impending
12		driver's drivers license suspension shall be sent by first
13		class United States mail, postage prepaid, to the address
14		recorded with the Secretary of State or at the last address
15		known to the lessor of the cited vehicle at the time of lease
16		or, if any notice sent under Section 11-208.3 of this Code is
17		returned as undeliverable, to the last known address recorded
18		in a United States Post Office approved database.
19		(h) An administrative hearing to contest an impending
20		suspension or a suspension made pursuant to this Section may be
21		had upon filing a written request with the Secretary of State.
22		The filing fee for this hearing shall be $20, to be paid at the
23		time the request is made. A municipality or county which files
24		a certified report with the Secretary of State pursuant to this
25		Section shall reimburse the Secretary for all reasonable costs
26		incurred by the Secretary as a result of the filing of the

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1		report, including but not limited to the costs of providing the
2		notice required pursuant to subsection (b) and the costs
3		incurred by the Secretary in any hearing conducted with respect
4		to the report pursuant to this subsection and any appeal from
5		such a hearing.
6		(i) The provisions of this Section shall apply on and after
7		January 1, 1988.
8		(j) For purposes of this Section, the term "compliance
9		violation" is defined as in Section 11-208.3.
10		(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
11		98-556, eff. 1-1-14.)
12		(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
13		Sec. 11-208.3. Administrative adjudication of violations
14		of traffic regulations concerning the standing, parking, or
15		condition of vehicles, automated traffic law violations, and
16		automated speed enforcement system violations.
17		(a) Any municipality or county may provide by ordinance for
18		a system of administrative adjudication of vehicular standing
19		and parking violations and vehicle compliance violations as
20		described in this subsection, automated traffic law violations
21		as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
22		automated speed enforcement system violations as defined in
23		Section 11-208.8. The administrative system shall have as its
24		purpose the fair and efficient enforcement of municipal or
25		county regulations through the administrative adjudication of

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1		automated speed enforcement system or automated traffic law
2		violations and violations of municipal or county ordinances
3		regulating the standing and parking of vehicles, the condition
4		and use of vehicle equipment, and the display of municipal or
5		county wheel tax licenses within the municipality's or county's
6		borders. The administrative system shall only have authority to
7		adjudicate civil offenses carrying fines not in excess of $500
8		or requiring the completion of a traffic education program, or
9		both, that occur after the effective date of the ordinance
10		adopting such a system under this Section. For purposes of this
11		Section, "compliance violation" means a violation of a
12		municipal or county regulation governing the condition or use
13		of equipment on a vehicle or governing the display of a
14		municipal or county wheel tax license.
15		(b) Any ordinance establishing a system of administrative
16		adjudication under this Section shall provide for:
17		(1) A traffic compliance administrator authorized to
18		adopt, distribute and process parking, compliance, and
19		automated speed enforcement system or automated traffic
20		law violation notices and other notices required by this
21		Section, collect money paid as fines and penalties for
22		violation of parking and compliance ordinances and
23		automated speed enforcement system or automated traffic
24		law violations, and operate an administrative adjudication
25		system. The traffic compliance administrator also may make
26		a certified report to the Secretary of State under Section

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1		6-306.5.
2		(2) A parking, standing, compliance, automated speed
3		enforcement system, or automated traffic law violation
4		notice that shall specify the date, time, and place of
5		violation of a parking, standing, compliance, automated
6		speed enforcement system, or automated traffic law
7		regulation; the particular regulation violated; any
8		requirement to complete a traffic education program; the
9		fine and any penalty that may be assessed for late payment
10		or failure to complete a required traffic education
11		program, or both, when so provided by ordinance; the
12		vehicle make and state registration number; and the
13		identification number of the person issuing the notice.
14		With regard to automated speed enforcement system or
15		automated traffic law violations, vehicle make shall be
16		specified on the automated speed enforcement system or
17		automated traffic law violation notice if the make is
18		available and readily discernible. With regard to
19		municipalities or counties with a population of 1 million
20		or more, it shall be grounds for dismissal of a parking
21		violation if the state registration number or vehicle make
22		specified is incorrect. The violation notice shall state
23		that the completion of any required traffic education
24		program, the payment of any indicated fine, and the payment
25		of any applicable penalty for late payment or failure to
26		complete a required traffic education program, or both,

SB2411 Engrossed - 66 - LRB100 17944 LNS 33128 b
1		shall operate as a final disposition of the violation. The
2		notice also shall contain information as to the
3		availability of a hearing in which the violation may be
4		contested on its merits. The violation notice shall specify
5		the time and manner in which a hearing may be had.
6		(3) Service of the parking, standing, or compliance
7		violation notice by affixing the original or a facsimile of
8		the notice to an unlawfully parked vehicle or by handing
9		the notice to the operator of a vehicle if he or she is
10		present and service of an automated speed enforcement
11		system or automated traffic law violation notice by mail to
12		the address of the registered owner or lessee of the cited
13		vehicle as recorded with the Secretary of State or the
14		lessor of the motor vehicle within 30 days after the
15		Secretary of State or the lessor of the motor vehicle
16		notifies the municipality or county of the identity of the
17		owner or lessee of the vehicle, but not later than 90 days
18		after the violation, except that in the case of a lessee of
19		a motor vehicle, service of an automated traffic law
20		violation notice may occur no later than 210 days after the
21		violation. A person authorized by ordinance to issue and
22		serve parking, standing, and compliance violation notices
23		shall certify as to the correctness of the facts entered on
24		the violation notice by signing his or her name to the
25		notice at the time of service or in the case of a notice
26		produced by a computerized device, by signing a single

SB2411 Engrossed - 67 - LRB100 17944 LNS 33128 b
1		certificate to be kept by the traffic compliance
2		administrator attesting to the correctness of all notices
3		produced by the device while it was under his or her
4		control. In the case of an automated traffic law violation,
5		the ordinance shall require a determination by a technician
6		employed or contracted by the municipality or county that,
7		based on inspection of recorded images, the motor vehicle
8		was being operated in violation of Section 11-208.6,
9		11-208.9, or 11-1201.1 or a local ordinance. If the
10		technician determines that the vehicle entered the
11		intersection as part of a funeral procession or in order to
12		yield the right-of-way to an emergency vehicle, a citation
13		shall not be issued. In municipalities with a population of
14		less than 1,000,000 inhabitants and counties with a
15		population of less than 3,000,000 inhabitants, the
16		automated traffic law ordinance shall require that all
17		determinations by a technician that a motor vehicle was
18		being operated in violation of Section 11-208.6, 11-208.9,
19		or 11-1201.1 or a local ordinance must be reviewed and
20		approved by a law enforcement officer or retired law
21		enforcement officer of the municipality or county issuing
22		the violation. In municipalities with a population of
23		1,000,000 or more inhabitants and counties with a
24		population of 3,000,000 or more inhabitants, the automated
25		traffic law ordinance shall require that all
26		determinations by a technician that a motor vehicle was

SB2411 Engrossed - 68 - LRB100 17944 LNS 33128 b
1		being operated in violation of Section 11-208.6, 11-208.9,
2		or 11-1201.1 or a local ordinance must be reviewed and
3		approved by a law enforcement officer or retired law
4		enforcement officer of the municipality or county issuing
5		the violation or by an additional fully-trained reviewing
6		technician who is not employed by the contractor who
7		employs the technician who made the initial determination.
8		In the case of an automated speed enforcement system
9		violation, the ordinance shall require a determination by a
10		technician employed by the municipality, based upon an
11		inspection of recorded images, video or other
12		documentation, including documentation of the speed limit
13		and automated speed enforcement signage, and documentation
14		of the inspection, calibration, and certification of the
15		speed equipment, that the vehicle was being operated in
16		violation of Article VI of Chapter 11 of this Code or a
17		similar local ordinance. If the technician determines that
18		the vehicle speed was not determined by a calibrated,
19		certified speed equipment device based upon the speed
20		equipment documentation, or if the vehicle was an emergency
21		vehicle, a citation may not be issued. The automated speed
22		enforcement ordinance shall require that all
23		determinations by a technician that a violation occurred be
24		reviewed and approved by a law enforcement officer or
25		retired law enforcement officer of the municipality
26		issuing the violation or by an additional fully trained

SB2411 Engrossed - 69 - LRB100 17944 LNS 33128 b
1		reviewing technician who is not employed by the contractor
2		who employs the technician who made the initial
3		determination. Routine and independent calibration of the
4		speeds produced by automated speed enforcement systems and
5		equipment shall be conducted annually by a qualified
6		technician. Speeds produced by an automated speed
7		enforcement system shall be compared with speeds produced
8		by lidar or other independent equipment. Radar or lidar
9		equipment shall undergo an internal validation test no less
10		frequently than once each week. Qualified technicians
11		shall test loop based equipment no less frequently than
12		once a year. Radar equipment shall be checked for accuracy
13		by a qualified technician when the unit is serviced, when
14		unusual or suspect readings persist, or when deemed
15		necessary by a reviewing technician. Radar equipment shall
16		be checked with the internal frequency generator and the
17		internal circuit test whenever the radar is turned on.
18		Technicians must be alert for any unusual or suspect
19		readings, and if unusual or suspect readings of a radar
20		unit persist, that unit shall immediately be removed from
21		service and not returned to service until it has been
22		checked by a qualified technician and determined to be
23		functioning properly. Documentation of the annual
24		calibration results, including the equipment tested, test
25		date, technician performing the test, and test results,
26		shall be maintained and available for use in the

SB2411 Engrossed - 70 - LRB100 17944 LNS 33128 b
1		determination of an automated speed enforcement system
2		violation and issuance of a citation. The technician
3		performing the calibration and testing of the automated
4		speed enforcement equipment shall be trained and certified
5		in the use of equipment for speed enforcement purposes.
6		Training on the speed enforcement equipment may be
7		conducted by law enforcement, civilian, or manufacturer's
8		personnel and if applicable may be equivalent to the
9		equipment use and operations training included in the Speed
10		Measuring Device Operator Program developed by the
11		National Highway Traffic Safety Administration (NHTSA).
12		The vendor or technician who performs the work shall keep
13		accurate records on each piece of equipment the technician
14		calibrates and tests. As used in this paragraph,
15		"fully-trained reviewing technician" means a person who
16		has received at least 40 hours of supervised training in
17		subjects which shall include image inspection and
18		interpretation, the elements necessary to prove a
19		violation, license plate identification, and traffic
20		safety and management. In all municipalities and counties,
21		the automated speed enforcement system or automated
22		traffic law ordinance shall require that no additional fee
23		shall be charged to the alleged violator for exercising his
24		or her right to an administrative hearing, and persons
25		shall be given at least 25 days following an administrative
26		hearing to pay any civil penalty imposed by a finding that

SB2411 Engrossed - 71 - LRB100 17944 LNS 33128 b
1		Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
2		similar local ordinance has been violated. The original or
3		a facsimile of the violation notice or, in the case of a
4		notice produced by a computerized device, a printed record
5		generated by the device showing the facts entered on the
6		notice, shall be retained by the traffic compliance
7		administrator, and shall be a record kept in the ordinary
8		course of business. A parking, standing, compliance,
9		automated speed enforcement system, or automated traffic
10		law violation notice issued, signed and served in
11		accordance with this Section, a copy of the notice, or the
12		computer generated record shall be prima facie correct and
13		shall be prima facie evidence of the correctness of the
14		facts shown on the notice. The notice, copy, or computer
15		generated record shall be admissible in any subsequent
16		administrative or legal proceedings.
17		(4) An opportunity for a hearing for the registered
18		owner of the vehicle cited in the parking, standing,
19		compliance, automated speed enforcement system, or
20		automated traffic law violation notice in which the owner
21		may contest the merits of the alleged violation, and during
22		which formal or technical rules of evidence shall not
23		apply; provided, however, that under Section 11-1306 of
24		this Code the lessee of a vehicle cited in the violation
25		notice likewise shall be provided an opportunity for a
26		hearing of the same kind afforded the registered owner. The

SB2411 Engrossed - 72 - LRB100 17944 LNS 33128 b
1		hearings shall be recorded, and the person conducting the
2		hearing on behalf of the traffic compliance administrator
3		shall be empowered to administer oaths and to secure by
4		subpoena both the attendance and testimony of witnesses and
5		the production of relevant books and papers. Persons
6		appearing at a hearing under this Section may be
7		represented by counsel at their expense. The ordinance may
8		also provide for internal administrative review following
9		the decision of the hearing officer.
10		(5) Service of additional notices, sent by first class
11		United States mail, postage prepaid, to the address of the
12		registered owner of the cited vehicle as recorded with the
13		Secretary of State or, if any notice to that address is
14		returned as undeliverable, to the last known address
15		recorded in a United States Post Office approved database,
16		or, under Section 11-1306 or subsection (p) of Section
17		11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
18		of this Code, to the lessee of the cited vehicle at the
19		last address known to the lessor of the cited vehicle at
20		the time of lease or, if any notice to that address is
21		returned as undeliverable, to the last known address
22		recorded in a United States Post Office approved database.
23		The service shall be deemed complete as of the date of
24		deposit in the United States mail. The notices shall be in
25		the following sequence and shall include but not be limited
26		to the information specified herein:

SB2411 Engrossed - 73 - LRB100 17944 LNS 33128 b
1		(i) A second notice of parking, standing, or
2		compliance violation. This notice shall specify the
3		date and location of the violation cited in the
4		parking, standing, or compliance violation notice, the
5		particular regulation violated, the vehicle make and
6		state registration number, any requirement to complete
7		a traffic education program, the fine and any penalty
8		that may be assessed for late payment or failure to
9		complete a traffic education program, or both, when so
10		provided by ordinance, the availability of a hearing in
11		which the violation may be contested on its merits, and
12		the time and manner in which the hearing may be had.
13		The notice of violation shall also state that failure
14		to complete a required traffic education program, to
15		pay the indicated fine and any applicable penalty, or
16		to appear at a hearing on the merits in the time and
17		manner specified, will result in a final determination
18		of violation liability for the cited violation in the
19		amount of the fine or penalty indicated, and that, upon
20		the occurrence of a final determination of violation
21		liability for the failure, and the exhaustion of, or
22		failure to exhaust, available administrative or
23		judicial procedures for review, any incomplete traffic
24		education program or any unpaid fine or penalty, or
25		both, will constitute a debt due and owing the
26		municipality or county.

SB2411 Engrossed - 74 - LRB100 17944 LNS 33128 b
1		(ii) A notice of final determination of parking,
2		standing, compliance, automated speed enforcement
3		system, or automated traffic law violation liability.
4		This notice shall be sent following a final
5		determination of parking, standing, compliance,
6		automated speed enforcement system, or automated
7		traffic law violation liability and the conclusion of
8		judicial review procedures taken under this Section.
9		The notice shall state that the incomplete traffic
10		education program or the unpaid fine or penalty, or
11		both, is a debt due and owing the municipality or
12		county. The notice shall contain warnings that failure
13		to complete any required traffic education program or
14		to pay any fine or penalty due and owing the
15		municipality or county, or both, within the time
16		specified may result in the municipality's or county's
17		filing of a petition in the Circuit Court to have the
18		incomplete traffic education program or unpaid fine or
19		penalty, or both, rendered a judgment as provided by
20		this Section, or, where applicable, may result in
21		suspension of the person's driver's drivers license
22		for failure to complete a traffic education program or
23		to pay fines or penalties, or both, for 10 or more
24		parking violations under Section 6-306.5, or a
25		combination of 5 or more automated traffic law
26		violations under Section 11-208.6 or 11-208.9 or

SB2411 Engrossed - 75 - LRB100 17944 LNS 33128 b
1		automated speed enforcement system violations under
2		Section 11-208.8.
3		(6) A notice of impending driver's drivers license
4		suspension. This notice shall be sent to the person liable
5		for failure to complete a required traffic education
6		program or to pay any fine or penalty that remains due and
7		owing, or both, on 10 or more parking violations or
8		combination of 5 or more unpaid automated speed enforcement
9		system or automated traffic law violations. The notice
10		shall state that failure to complete a required traffic
11		education program or to pay the fine or penalty owing, or
12		both, within 45 days of the notice's date will result in
13		the municipality or county notifying the Secretary of State
14		that the person is eligible for initiation of suspension
15		proceedings under Section 6-306.5 of this Code. The notice
16		shall also state that the person may obtain a photostatic
17		copy of an original ticket imposing a fine or penalty by
18		sending a self addressed, stamped envelope to the
19		municipality or county along with a request for the
20		photostatic copy. The notice of impending driver's drivers
21		license suspension shall be sent by first class United
22		States mail, postage prepaid, to the address recorded with
23		the Secretary of State or, if any notice to that address is
24		returned as undeliverable, to the last known address
25		recorded in a United States Post Office approved database.
26		(6.5) In the case of a notice of impending driver's

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1		license suspension issued under subsection (6) of this
2		Section for failure to pay any fine or penalty due and
3		owing on 10 or more violations of local standing, parking,
4		or compliance regulations, an additional notice that the
5		individual subject to the driver's license suspension has
6		the right to request a hearing under Section 11-208.3a of
7		this Code for the purpose of determining whether the
8		individual cannot pay the fines or penalties because he or
9		she is indigent or has a limited income.
10		(A) The notice shall be in substantially the
11		following form:
12		"NOTICE OF YOUR RIGHT TO A PRE-SUSPENSION HEARING
13		Your driver's license is at risk of being suspended
14		on (date of possible suspension) because you have
15		failed to pay fines and/or penalties due and owing on
16		10 or more violations of local standing, parking, or
17		compliance regulations to (Name of municipality or
18		county). These violations include:
19		[list of all fines or penalties for violations of a
20		municipality's or county's vehicular standing,
21		parking, or compliance regulations leading to the
22		proposed suspension]
23		You have the right to request a hearing to
24		determine whether you are unable to pay the fines or
25		penalties because of a financial hardship. If the

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1		hearing officer determines that you are unable to pay
2		because of a financial hardship, then you may be placed
3		on a payment plan based on your income and your
4		driver's license will not be suspended.
5		You can request a hearing by filling out the
6		enclosed form and mailing it to (address and phone
7		number of municipality or county). (Municipality or
8		County) may also accept requests by email at (insert
9		email here, if applicable).".
10		(B) The notice of impending suspension set forth in
11		this subparagraph shall be accompanied by a request for
12		hearing with the relevant information inserted by the
13		municipality or county. The request for hearing shall
14		be in substantially the following form:
15		"REQUEST FOR HEARING
16		Re: [Driver's License number and any other account
17		number used by the municipality or county]:
18		To:
19		Name of Municipality or County....................
20		Mailing Address...................
21		I, (insert name), hereby request a pre-suspension
22		hearing.
23		............................................
24		(Signed by) (Date)".

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1		(7) Final determinations of violation liability. A
2		final determination of violation liability shall occur
3		following failure to complete the required traffic
4		education program or to pay the fine or penalty, or both,
5		after a hearing officer's determination of violation
6		liability and the exhaustion of or failure to exhaust any
7		administrative review procedures provided by ordinance.
8		Where a person fails to appear at a hearing to contest the
9		alleged violation in the time and manner specified in a
10		prior mailed notice, the hearing officer's determination
11		of violation liability shall become final: (A) upon denial
12		of a timely petition to set aside that determination, or
13		(B) upon expiration of the period for filing the petition
14		without a filing having been made.
15		(8) A petition to set aside a determination of parking,
16		standing, compliance, automated speed enforcement system,
17		or automated traffic law violation liability that may be
18		filed by a person owing an unpaid fine or penalty. A
19		petition to set aside a determination of liability may also
20		be filed by a person required to complete a traffic
21		education program. The petition shall be filed with and
22		ruled upon by the traffic compliance administrator in the
23		manner and within the time specified by ordinance. The
24		grounds for the petition may be limited to: (A) the person
25		not having been the owner or lessee of the cited vehicle on

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1		the date the violation notice was issued, (B) the person
2		having already completed the required traffic education
3		program or paid the fine or penalty, or both, for the
4		violation in question, and (C) excusable failure to appear
5		at or request a new date for a hearing. With regard to
6		municipalities or counties with a population of 1 million
7		or more, it shall be grounds for dismissal of a parking
8		violation if the state registration number, or vehicle make
9		if specified, is incorrect. After the determination of
10		parking, standing, compliance, automated speed enforcement
11		system, or automated traffic law violation liability has
12		been set aside upon a showing of just cause, the registered
13		owner shall be provided with a hearing on the merits for
14		that violation.
15		(9) Procedures for non-residents. Procedures by which
16		persons who are not residents of the municipality or county
17		may contest the merits of the alleged violation without
18		attending a hearing.
19		(10) A schedule of civil fines for violations of
20		vehicular standing, parking, compliance, automated speed
21		enforcement system, or automated traffic law regulations
22		enacted by ordinance pursuant to this Section, and a
23		schedule of penalties for late payment of the fines or
24		failure to complete required traffic education programs,
25		provided, however, that the total amount of the fine and
26		penalty for any one violation shall not exceed $250, except

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1		as provided in subsection (c) of Section 11-1301.3 of this
2		Code.
3		(11) Other provisions as are necessary and proper to
4		carry into effect the powers granted and purposes stated in
5		this Section.
6		(c) Any municipality or county establishing vehicular
7		standing, parking, compliance, automated speed enforcement
8		system, or automated traffic law regulations under this Section
9		may also provide by ordinance for a program of vehicle
10		immobilization for the purpose of facilitating enforcement of
11		those regulations. The program of vehicle immobilization shall
12		provide for immobilizing any eligible vehicle upon the public
13		way by presence of a restraint in a manner to prevent operation
14		of the vehicle. Any ordinance establishing a program of vehicle
15		immobilization under this Section shall provide:
16		(1) Criteria for the designation of vehicles eligible
17		for immobilization. A vehicle shall be eligible for
18		immobilization when the registered owner of the vehicle has
19		accumulated the number of incomplete traffic education
20		programs or unpaid final determinations of parking,
21		standing, compliance, automated speed enforcement system,
22		or automated traffic law violation liability, or both, as
23		determined by ordinance.
24		(2) A notice of impending vehicle immobilization and a
25		right to a hearing to challenge the validity of the notice
26		by disproving liability for the incomplete traffic

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1		education programs or unpaid final determinations of
2		parking, standing, compliance, automated speed enforcement
3		system, or automated traffic law violation liability, or
4		both, listed on the notice.
5		(3) The right to a prompt hearing after a vehicle has
6		been immobilized or subsequently towed without the
7		completion of the required traffic education program or
8		payment of the outstanding fines and penalties on parking,
9		standing, compliance, automated speed enforcement system,
10		or automated traffic law violations, or both, for which
11		final determinations have been issued. An order issued
12		after the hearing is a final administrative decision within
13		the meaning of Section 3-101 of the Code of Civil
14		Procedure.
15		(4) A post immobilization and post-towing notice
16		advising the registered owner of the vehicle of the right
17		to a hearing to challenge the validity of the impoundment.
18		(d) Judicial review of final determinations of parking,
19		standing, compliance, automated speed enforcement system, or
20		automated traffic law violations and final administrative
21		decisions issued after hearings regarding vehicle
22		immobilization and impoundment made under this Section shall be
23		subject to the provisions of the Administrative Review Law.
24		(e) Any fine, penalty, incomplete traffic education
25		program, or part of any fine or any penalty remaining unpaid
26		after the exhaustion of, or the failure to exhaust,

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1		administrative remedies created under this Section and the
2		conclusion of any judicial review procedures shall be a debt
3		due and owing the municipality or county and, as such, may be
4		collected in accordance with applicable law. Completion of any
5		required traffic education program and payment in full of any
6		fine or penalty resulting from a standing, parking, compliance,
7		automated speed enforcement system, or automated traffic law
8		violation shall constitute a final disposition of that
9		violation.
10		(f) After the expiration of the period within which
11		judicial review may be sought for a final determination of
12		parking, standing, compliance, automated speed enforcement
13		system, or automated traffic law violation, the municipality or
14		county may commence a proceeding in the Circuit Court for
15		purposes of obtaining a judgment on the final determination of
16		violation. Nothing in this Section shall prevent a municipality
17		or county from consolidating multiple final determinations of
18		parking, standing, compliance, automated speed enforcement
19		system, or automated traffic law violations against a person in
20		a proceeding. Upon commencement of the action, the municipality
21		or county shall file a certified copy or record of the final
22		determination of parking, standing, compliance, automated
23		speed enforcement system, or automated traffic law violation,
24		which shall be accompanied by a certification that recites
25		facts sufficient to show that the final determination of
26		violation was issued in accordance with this Section and the

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1		applicable municipal or county ordinance. Service of the
2		summons and a copy of the petition may be by any method
3		provided by Section 2-203 of the Code of Civil Procedure or by
4		certified mail, return receipt requested, provided that the
5		total amount of fines and penalties for final determinations of
6		parking, standing, compliance, automated speed enforcement
7		system, or automated traffic law violations does not exceed
8		$2500. If the court is satisfied that the final determination
9		of parking, standing, compliance, automated speed enforcement
10		system, or automated traffic law violation was entered in
11		accordance with the requirements of this Section and the
12		applicable municipal or county ordinance, and that the
13		registered owner or the lessee, as the case may be, had an
14		opportunity for an administrative hearing and for judicial
15		review as provided in this Section, the court shall render
16		judgment in favor of the municipality or county and against the
17		registered owner or the lessee for the amount indicated in the
18		final determination of parking, standing, compliance,
19		automated speed enforcement system, or automated traffic law
20		violation, plus costs. The judgment shall have the same effect
21		and may be enforced in the same manner as other judgments for
22		the recovery of money.
23		(g) The fee for participating in a traffic education
24		program under this Section shall not exceed $25.
25		A low-income individual required to complete a traffic
26		education program under this Section who provides proof of

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1		eligibility for the federal earned income tax credit under
2		Section 32 of the Internal Revenue Code or the Illinois earned
3		income tax credit under Section 212 of the Illinois Income Tax
4		Act shall not be required to pay any fee for participating in a
5		required traffic education program.
6		(Source: P.A. 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672,
7		eff. 7-1-12; 98-556, eff. 1-1-14; 98-1028, eff. 8-22-14.)
8		(625 ILCS 5/11-208.3a new)
9		Sec. 11-208.3a. Hearing to determine ability to satisfy
10		fines or penalties for 10 or more violations of local standing,
11		parking, or compliance regulations.
12		(a) If an individual requests a hearing as provided in
13		subparagraph (6.5) of Section 11-208.3 of this Code, the
14		municipality or county shall provide at least 21 days' written
15		notice of the hearing. The notice shall:
16		(1) include a clear and prominent statement that the
17		hearing will determine whether the individual's driver's
18		license will be suspended for failing to pay fines or
19		penalties for violations of a municipality's or county's
20		vehicular standing, parking, or compliance regulations;
21		(2) include a list of all fines or penalties for
22		violations of a municipality's or county's vehicular
23		standing, parking, or compliance regulations leading to
24		the proposed suspension;
25		(3) clearly inform the individual that:

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1		(A) at the hearing, a hearing officer may determine
2		whether the individual failed to pay the fines or
3		penalties due and owing because of financial hardship;
4		(B) if the hearing officer determines that the
5		individual failed to pay the fines or penalties due and
6		owing because of financial hardship, then the hearing
7		officer shall determine an amount, if any, that the
8		individual can afford in a payment plan;
9		(C) at the hearing, the individual may: (I) provide
10		information that he or she is unable to pay the amount
11		due and owing; (II) provide evidence that the
12		municipality or county is relying on inaccurate
13		information; or (III) otherwise provide a defense to
14		the suspension;
15		(D) the individual should bring documents that
16		show the individual's income, including pay stubs, tax
17		returns, and any documents that show that he or she is
18		participating in a program for low-income individuals,
19		such as the Supplemental Nutrition Assistance Program
20		or Medicaid;
21		(4) provide the date, time, and location of the
22		hearing; and
23		(5) include information about how to request a new
24		hearing date if the individual cannot attend the hearing.
25		Except in the case of an emergency, a request by an
26		individual for a new hearing date shall be made no fewer than 3

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1		days before the scheduled hearing.
2		Notice shall be served by first class United States mail,
3		postage prepaid, to the address of the registered owner or
4		lessee of the cited vehicle as recorded with the Secretary of
5		State or the lessor of the motor vehicle or, if any notice to
6		that address is returned as undeliverable or unclaimed, by
7		first class mail to the last known address recorded in a United
8		States Post Office approved database.
9		(b) The hearing officer shall make a determination
10		concerning the individual's ability to pay.
11		(1) An individual is indigent if he or she:
12		(A) has a household income of 200% or less than the
13		Federal Poverty Level; or
14		(B) participates in any of the following programs:
15		Supplemental Security Income; Social Security
16		Disability Income; the Special Supplemental Nutrition
17		Program for Women, Infants and Children; Aid to the
18		Aged, Blind, and Disabled; Temporary Assistance for
19		Needy Families; Unemployment Insurance Benefits;
20		Medicaid; Supplemental Nutrition Assistance Program;
21		General Assistance; Transitional Assistance; or State
22		Children and Family Assistance.
23		(2) An individual has a limited income if:
24		(A) his or her household income is more than 200%
25		but less than 400% of Federal Poverty Level; or
26		(B) the hearing officer determines that the

SB2411 Engrossed - 87 - LRB100 17944 LNS 33128 b
1		individual cannot pay fines or penalties without using
2		money that normally would pay for the common
3		necessities of life of the individual and his or her
4		family.
5		(c) An individual may demonstrate that he or she is
6		indigent or of limited income by providing any of the
7		following:
8		(1) proof of income from a pay stub, bank statement,
9		tax return, rent, or other evidence of earnings;
10		(2) eligibility cards or electronic benefit cards or
11		other documents that show participation in a public
12		benefits program described in subdivision (c)(1)(B); or
13		(3) an attestation, made under penalty of perjury, of
14		the individual's indigent status.
15		(d) A hearing officer may continue a hearing as needed to
16		allow the individual to present additional information or
17		enable the hearing officer to make additional determinations.
18		(e) In the case of an indigent individual, unless the
19		hearing officer determines that a payment plan of any amount
20		would cause the individual hardship, the hearing officer shall
21		establish a monthly payment plan of the greater of $1 or 0.5%
22		of the individual's average monthly income. The payment plan
23		shall continue until the earlier of:
24		(1) 60 months of payments on the plan; or
25		(2) the individual has satisfied the amount due and
26		owing.

SB2411 Engrossed - 88 - LRB100 17944 LNS 33128 b
1		After the earlier of item (1) or (2) of this subsection
2		takes place, the fines or penalties shall be deemed to be
3		satisfied.
4		(f) In the case of a limited income individual, unless the
5		hearing officer determines that a payment plan of any amount
6		would cause the individual hardship, the hearing officer shall
7		establish a monthly payment plan of no more than 5% of the
8		individual's average monthly income. The payment plan shall
9		continue until the earlier of:
10		(1) 60 months of payments on the plan; or
11		(2) the individual has satisfied the amount due and
12		owing.
13		After the earlier of item (1) or (2) of this subsection
14		takes place, the fines or penalties shall be deemed to be
15		satisfied.
16		(g) If the individual makes timely payments on a payment
17		plan ordered under this Section, the municipality or county may
18		not pursue other means to collect on the debt. If the
19		individual misses a payment, the municipality or county may,
20		after providing the individual with 60 days' written notice and
21		an opportunity to come current, pursue collection of the debt.
22		The municipality or county may not cause the suspension of the
23		driver's license of an indigent person as part of the debt
24		collection activities of the municipality or county.
25		(h) If the individual does not appear at the pre-suspension
26		hearing, the municipality or county shall provide written

SB2411 Engrossed - 89 - LRB100 17944 LNS 33128 b
1		notice of the outcome of the hearing by first class mail,
2		postage prepaid.
3		(i) An individual whose driver's license is suspended
4		because of 10 or more violations of vehicular standing,
5		parking, or compliance regulations may request a hearing under
6		this Section to determine ability to pay and establish a
7		payment plan by submitting a request in writing to the
8		municipal or county authority that collects unpaid fines or
9		penalties for violations of vehicular standing, parking, or
10		compliance regulations. Any notice regarding the suspension of
11		a driver's license issued by the municipality or county shall
12		inform the individual about how to request a hearing under this
13		Section.
14		(j) An individual on a payment plan who has experienced a
15		reduction in income may request a hearing under this Section by
16		submitting a request in writing to the municipal or county
17		authority that collects unpaid fines or penalties for
18		violations of vehicular standing, parking, or compliance
19		regulations.
20		(k) Nothing in this Section prohibits an individual who is
21		not indigent or of limited income from agreeing to a payment
22		plan with the municipality or county in order to satisfy the
23		financial obligations and avoid suspension of the driver's
24		license of the individual.
25		(625 ILCS 5/6-205.2 rep.)

SB2411 Engrossed - 90 - LRB100 17944 LNS 33128 b
1		(625 ILCS 5/6-306.7 rep.)
2		Section 10. The Illinois Vehicle Code is amended by
3		repealing Sections 6-205.2 and 6-306.7.