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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. References to Act. This Act may be referred to
5		as Mason's Law.
6		Section 5. The Illinois Vehicle Code is amended by changing
7		Section 6-206 as follows:
8		(625 ILCS 5/6-206)
9		Sec. 6-206. Discretionary authority to suspend or revoke
10		license or permit; right to a hearing.
11		(a) The Secretary of State is authorized to suspend or
12		revoke the driving privileges of any person without preliminary
13		hearing upon a showing of the person's records or other
14		sufficient evidence that the person:
15		1. Has committed an offense for which mandatory
16		revocation of a driver's license or permit is required upon
17		conviction;
18		2. Has been convicted of not less than 3 offenses
19		against traffic regulations governing the movement of
20		vehicles committed within any 12 month period. No
21		revocation or suspension shall be entered more than 6
22		months after the date of last conviction;

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

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

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1		invalid under the provisions of Sections 6-107.1 and 6-110;
2		14. Has committed a violation of Section 6-301,
3		6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
4		14B of the Illinois Identification Card Act;
5		15. Has been convicted of violating Section 21-2 of the
6		Criminal Code of 1961 or the Criminal Code of 2012 relating
7		to criminal trespass to vehicles in which case, the
8		suspension shall be for one year;
9		16. Has been convicted of violating Section 11-204 of
10		this Code relating to fleeing from a peace officer;
11		17. Has refused to submit to a test, or tests, as
12		required under Section 11-501.1 of this Code and the person
13		has not sought a hearing as provided for in Section
14		11-501.1;
15		18. Has, since issuance of a driver's license or
16		permit, been adjudged to be afflicted with or suffering
17		from any mental disability or disease;
18		19. Has committed a violation of paragraph (a) or (b)
19		of Section 6-101 relating to driving without a driver's
20		license;
21		20. Has been convicted of violating Section 6-104
22		relating to classification of driver's license;
23		21. Has been convicted of violating Section 11-402 of
24		this Code relating to leaving the scene of an accident
25		resulting in damage to a vehicle in excess of $1,000, in
26		which case the suspension shall be for one year;

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1		22. Has used a motor vehicle in violating paragraph
2		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
3		the Criminal Code of 1961 or the Criminal Code of 2012
4		relating to unlawful use of weapons, in which case the
5		suspension shall be for one year;
6		23. Has, as a driver, been convicted of committing a
7		violation of paragraph (a) of Section 11-502 of this Code
8		for a second or subsequent time within one year of a
9		similar violation;
10		24. Has been convicted by a court-martial or punished
11		by non-judicial punishment by military authorities of the
12		United States at a military installation in Illinois or in
13		another state of or for a traffic related offense that is
14		the same as or similar to an offense specified under
15		Section 6-205 or 6-206 of this Code;
16		25. Has permitted any form of identification to be used
17		by another in the application process in order to obtain or
18		attempt to obtain a license, identification card, or
19		permit;
20		26. Has altered or attempted to alter a license or has
21		possessed an altered license, identification card, or
22		permit;
23		27. Has violated Section 6-16 of the Liquor Control Act
24		of 1934;
25		28. Has been convicted for a first time of the illegal
26		possession, while operating or in actual physical control,

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

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1		any combination of the offenses named in paragraph 29 of
2		this subsection, in which case the person's driving
3		privileges shall be suspended for 5 years;
4		31. Has refused to submit to a test as required by
5		Section 11-501.6 of this Code or Section 5-16c of the Boat
6		Registration and Safety Act or has submitted to a test
7		resulting in an alcohol concentration of 0.08 or more or
8		any amount of a drug, substance, or compound resulting from
9		the unlawful use or consumption of cannabis as listed in
10		the Cannabis Control Act, a controlled substance as listed
11		in the Illinois Controlled Substances Act, an intoxicating
12		compound as listed in the Use of Intoxicating Compounds
13		Act, or methamphetamine as listed in the Methamphetamine
14		Control and Community Protection Act, in which case the
15		penalty shall be as prescribed in Section 6-208.1;
16		32. Has been convicted of Section 24-1.2 of the
17		Criminal Code of 1961 or the Criminal Code of 2012 relating
18		to the aggravated discharge of a firearm if the offender
19		was located in a motor vehicle at the time the firearm was
20		discharged, in which case the suspension shall be for 3
21		years;
22		33. Has as a driver, who was less than 21 years of age
23		on the date of the offense, been convicted a first time of
24		a violation of paragraph (a) of Section 11-502 of this Code
25		or a similar provision of a local ordinance;
26		34. Has committed a violation of Section 11-1301.5 of

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1		this Code or a similar provision of a local ordinance;
2		35. Has committed a violation of Section 11-1301.6 of
3		this Code or a similar provision of a local ordinance;
4		36. Is under the age of 21 years at the time of arrest
5		and has been convicted of not less than 2 offenses against
6		traffic regulations governing the movement of vehicles
7		committed within any 24 month period. No revocation or
8		suspension shall be entered more than 6 months after the
9		date of last conviction;
10		37. Has committed a violation of subsection (c) of
11		Section 11-907 of this Code that resulted in damage to the
12		property of another or the death or injury of another;
13		38. Has been convicted of a violation of Section 6-20
14		of the Liquor Control Act of 1934 or a similar provision of
15		a local ordinance;
16		39. Has committed a second or subsequent violation of
17		Section 11-1201 of this Code;
18		40. Has committed a violation of subsection (a-1) of
19		Section 11-908 of this Code;
20		41. Has committed a second or subsequent violation of
21		Section 11-605.1 of this Code, a similar provision of a
22		local ordinance, or a similar violation in any other state
23		within 2 years of the date of the previous violation, in
24		which case the suspension shall be for 90 days;
25		42. Has committed a violation of subsection (a-1) of
26		Section 11-1301.3 of this Code or a similar provision of a

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1		local ordinance;
2		43. Has received a disposition of court supervision for
3		a violation of subsection (a), (d), or (e) of Section 6-20
4		of the Liquor Control Act of 1934 or a similar provision of
5		a local ordinance, in which case the suspension shall be
6		for a period of 3 months;
7		44. Is under the age of 21 years at the time of arrest
8		and has been convicted of an offense against traffic
9		regulations governing the movement of vehicles after
10		having previously had his or her driving privileges
11		suspended or revoked pursuant to subparagraph 36 of this
12		Section;
13		45. Has, in connection with or during the course of a
14		formal hearing conducted under Section 2-118 of this Code:
15		(i) committed perjury; (ii) submitted fraudulent or
16		falsified documents; (iii) submitted documents that have
17		been materially altered; or (iv) submitted, as his or her
18		own, documents that were in fact prepared or composed for
19		another person;
20		46. Has committed a violation of subsection (j) of
21		Section 3-413 of this Code;
22		47. Has committed a violation of Section 11-502.1 of
23		this Code; or
24		48. Has submitted a falsified or altered medical
25		examiner's certificate to the Secretary of State or
26		provided false information to obtain a medical examiner's

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1		certificate.
2		49. Has been convicted of a violation of any Section of
3		Article 9 of Chapter 11 of this Code relating to
4		right-of-way that resulted in a Type A injury to another,
5		in which case the person's driving privileges shall be
6		suspended for 12 months.
7		50. Has been convicted of a violation of Section
8		11-1002 or 11-1002.5 that resulted in a Type A injury to
9		another, in which case the person's driving privileges
10		shall be suspended for 12 months.
11		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
12		and 27 of this subsection, license means any driver's license,
13		any traffic ticket issued when the person's driver's license is
14		deposited in lieu of bail, a suspension notice issued by the
15		Secretary of State, a duplicate or corrected driver's license,
16		a probationary driver's license or a temporary driver's
17		license.
18		(b) If any conviction forming the basis of a suspension or
19		revocation authorized under this Section is appealed, the
20		Secretary of State may rescind or withhold the entry of the
21		order of suspension or revocation, as the case may be, provided
22		that a certified copy of a stay order of a court is filed with
23		the Secretary of State. If the conviction is affirmed on
24		appeal, the date of the conviction shall relate back to the
25		time the original judgment of conviction was entered and the 6
26		month limitation prescribed shall not apply.

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

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

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

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

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1		of State DUI Administration Fund an amount not to exceed
2		$30 per month. The Secretary shall establish by rule the
3		amount and the procedures, terms, and conditions relating
4		to these fees.
5		(D) If the restricted driving permit is issued for
6		employment purposes, then the prohibition against
7		operating a motor vehicle that is not equipped with an
8		ignition interlock device does not apply to the operation
9		of an occupational vehicle owned or leased by that person's
10		employer when used solely for employment purposes. For any
11		person who, within a 5-year period, is convicted of a
12		second or subsequent offense under Section 11-501 of this
13		Code, or a similar provision of a local ordinance or
14		similar out-of-state offense, this employment exemption
15		does not apply until either a one-year period has elapsed
16		during which that person had his or her driving privileges
17		revoked or a one-year period has elapsed during which that
18		person had a restricted driving permit which required the
19		use of an ignition interlock device on every motor vehicle
20		owned or operated by that person.
21		(E) In each case the Secretary may issue a restricted
22		driving permit for a period deemed appropriate, except that
23		all permits shall expire no later than 2 years from the
24		date of issuance. A restricted driving permit issued under
25		this Section shall be subject to cancellation, revocation,
26		and suspension by the Secretary of State in like manner and

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

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

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

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1		(c-4) In the case of a suspension under paragraph 43 of
2		subsection (a), the Secretary of State shall notify the person
3		by mail that his or her driving privileges and driver's license
4		will be suspended one month after the date of the mailing of
5		the notice.
6		(c-5) The Secretary of State may, as a condition of the
7		reissuance of a driver's license or permit to an applicant
8		whose driver's license or permit has been suspended before he
9		or she reached the age of 21 years pursuant to any of the
10		provisions of this Section, require the applicant to
11		participate in a driver remedial education course and be
12		retested under Section 6-109 of this Code.
13		(d) This Section is subject to the provisions of the
14		Drivers License Compact.
15		(e) The Secretary of State shall not issue a restricted
16		driving permit to a person under the age of 16 years whose
17		driving privileges have been suspended or revoked under any
18		provisions of this Code.
19		(f) In accordance with 49 C.F.R. 384, the Secretary of
20		State may not issue a restricted driving permit for the
21		operation of a commercial motor vehicle to a person holding a
22		CDL whose driving privileges have been suspended, revoked,
23		cancelled, or disqualified under any provisions of this Code.
24		(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
25		99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16;
26		99-642, eff. 7-28-16; 100-803, eff. 1-1-19.)

HB2383 Engrossed - 20 - LRB101 10722 TAE 55834 b
1		Section 99. Effective date. This Act takes effect July 1,
2		2020.