Rep. Lindsay Parkhurst
Filed: 3/25/2019
 
 


 




10100HB2383ham001LRB101 10722 TAE 58188 a



1
AMENDMENT TO HOUSE BILL 2383




2 AMENDMENT NO. ______. Amend House Bill 2383 by replacing 
3everything after the enacting clause with the following:


4 "Section 1. References to Act. This Act may be referred to 
5as Mason's Law.

6 Section 5. The Illinois Vehicle Code is amended by changing 
7Section 6-206 as follows:


8 (625 ILCS 5/6-206)



9 Sec. 6-206. Discretionary authority to suspend or revoke 
10license or
permit; right to a hearing.

11 (a) The Secretary of State is authorized to suspend or 
12revoke the
driving privileges of any person without preliminary 
13hearing upon a showing
of the person's records or other 
14sufficient evidence that
the person:

15  1. Has committed an offense for which mandatory 
 
 
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1 revocation of
a driver's license or permit is required upon 
2 conviction;

3  2. Has been convicted of not less than 3 offenses 
4 against traffic
regulations governing the movement of 
5 vehicles committed within any 12
month period. No 
6 revocation or suspension shall be entered more than
6 
7 months after the date of last conviction;

8  3. Has been repeatedly involved as a driver in motor 
9 vehicle
collisions or has been repeatedly convicted of 
10 offenses against laws and
ordinances regulating the 
11 movement of traffic, to a degree that
indicates lack of 
12 ability to exercise ordinary and reasonable care in
the 
13 safe operation of a motor vehicle or disrespect for the 
14 traffic laws
and the safety of other persons upon the 
15 highway;

16  4. Has by the unlawful operation of a motor vehicle 
17 caused or
contributed to an accident resulting in injury 
18 requiring
immediate professional treatment in a medical 
19 facility or doctor's office
to any person, except that any 
20 suspension or revocation imposed by the
Secretary of State 
21 under the provisions of this subsection shall start no

22 later than 6 months after being convicted of violating a 
23 law or
ordinance regulating the movement of traffic, which 
24 violation is related
to the accident, or shall start not 
25 more than one year
after
the date of the accident, 
26 whichever date occurs later;

 
 
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1  5. Has permitted an unlawful or fraudulent use of a 
2 driver's
license, identification card, or permit;

3  6. Has been lawfully convicted of an offense or 
4 offenses in another
state, including the authorization 
5 contained in Section 6-203.1, which
if committed within 
6 this State would be grounds for suspension or revocation;

7  7. Has refused or failed to submit to an examination 
8 provided for by
Section 6-207 or has failed to pass the 
9 examination;

10  8. Is ineligible for a driver's license or permit under 
11 the provisions
of Section 6-103;

12  9. Has made a false statement or knowingly concealed a 
13 material fact
or has used false information or 
14 identification in any application for a
license, 
15 identification card, or permit;

16  10. Has possessed, displayed, or attempted to 
17 fraudulently use any
license, identification card, or 
18 permit not issued to the person;

19  11. Has operated a motor vehicle upon a highway of this 
20 State when
the person's driving privilege or privilege to 
21 obtain a driver's license
or permit was revoked or 
22 suspended unless the operation was authorized by
a 
23 monitoring device driving permit, judicial driving permit 
24 issued prior to January 1, 2009, probationary license to 
25 drive, or a restricted
driving permit issued under this 
26 Code;

 
 
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1  12. Has submitted to any portion of the application 
2 process for
another person or has obtained the services of 
3 another person to submit to
any portion of the application 
4 process for the purpose of obtaining a
license, 
5 identification card, or permit for some other person;

6  13. Has operated a motor vehicle upon a highway of this 
7 State when
the person's driver's license or permit was 
8 invalid under the provisions of
Sections 6-107.1 and
6-110;

9  14. Has committed a violation of Section 6-301, 
10 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or 
11 14B of the Illinois Identification Card
Act;

12  15. Has been convicted of violating Section 21-2 of the 
13 Criminal Code
of 1961 or the Criminal Code of 2012 relating 
14 to criminal trespass to vehicles in which case, the 
15 suspension
shall be for one year;

16  16. Has been convicted of violating Section 11-204 of 
17 this Code relating
to fleeing from a peace officer;

18  17. Has refused to submit to a test, or tests, as 
19 required under Section
11-501.1 of this Code and the person 
20 has not sought a hearing as
provided for in Section 
21 11-501.1;

22  18. Has, since issuance of a driver's license or 
23 permit, been adjudged
to be afflicted with or suffering 
24 from any mental disability or disease;

25  19. Has committed a violation of paragraph (a) or (b) 
26 of Section 6-101
relating to driving without a driver's 
 
 
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1 license;

2  20. Has been convicted of violating Section 6-104 
3 relating to
classification of driver's license;

4  21. Has been convicted of violating Section 11-402 of

5 this Code relating to leaving the scene of an accident 
6 resulting in damage
to a vehicle in excess of $1,000, in 
7 which case the suspension shall be
for one year;

8  22. Has used a motor vehicle in violating paragraph 
9 (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
10 the Criminal Code of 1961 or the Criminal Code of 2012 
11 relating
to unlawful use of weapons, in which case the 
12 suspension shall be for one
year;

13  23. Has, as a driver, been convicted of committing a 
14 violation of
paragraph (a) of Section 11-502 of this Code 
15 for a second or subsequent
time within one year of a 
16 similar violation;

17  24. Has been convicted by a court-martial or punished 
18 by non-judicial
punishment by military authorities of the 
19 United States at a military
installation in Illinois or in 
20 another state of or for a traffic related offense that is 
21 the
same as or similar to an offense specified under 
22 Section 6-205 or 6-206 of
this Code;

23  25. Has permitted any form of identification to be used 
24 by another in
the application process in order to obtain or 
25 attempt to obtain a license,
identification card, or 
26 permit;

 
 
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1  26. Has altered or attempted to alter a license or has 
2 possessed an
altered license, identification card, or 
3 permit;

4  27. Has violated Section 6-16 of the Liquor Control Act 
5 of 1934;

6  28. Has been convicted for a first time of the 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, in 
13 which case the person's driving privileges shall be 
14 suspended for
one year.
Any defendant found guilty of this 
15 offense while operating a motor vehicle,
shall have an 
16 entry made in the court record by the presiding judge that

17 this offense did occur while the defendant was operating a 
18 motor vehicle
and order the clerk of the court to report 
19 the violation to the Secretary
of State;

20  29. Has been convicted of the following offenses that 
21 were committed
while the person was operating or in actual 
22 physical control, as a driver,
of a motor vehicle: criminal 
23 sexual assault,
predatory criminal sexual assault of a 
24 child,
aggravated criminal sexual
assault, criminal sexual 
25 abuse, aggravated criminal sexual abuse, juvenile
pimping, 
26 soliciting for a juvenile prostitute, promoting juvenile 
 
 
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1 prostitution as described in subdivision (a)(1), (a)(2), 
2 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 
3 or the Criminal Code of 2012, and the manufacture, sale or

4 delivery of controlled substances or instruments used for 
5 illegal drug use
or abuse in which case the driver's 
6 driving privileges shall be suspended
for one year;

7  30. Has been convicted a second or subsequent time for 
8 any
combination of the offenses named in paragraph 29 of 
9 this subsection,
in which case the person's driving 
10 privileges shall be suspended for 5
years;

11  31. Has refused to submit to a test as
required by 
12 Section 11-501.6 of this Code or Section 5-16c of the Boat 
13 Registration and Safety Act or has submitted to a test 
14 resulting in
an alcohol concentration of 0.08 or more or 
15 any amount of a drug, substance, or
compound resulting from 
16 the unlawful use or consumption of cannabis as listed
in 
17 the Cannabis Control Act, a controlled substance as listed 
18 in the Illinois
Controlled Substances Act, an intoxicating 
19 compound as listed in the Use of
Intoxicating Compounds 
20 Act, or methamphetamine as listed in the Methamphetamine 
21 Control and Community Protection Act, in which case the 
22 penalty shall be
as prescribed in Section 6-208.1;

23  32. Has been convicted of Section 24-1.2 of the 
24 Criminal Code of
1961 or the Criminal Code of 2012 relating 
25 to the aggravated discharge of a firearm if the offender 
26 was
located in a motor vehicle at the time the firearm was 
 
 
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1 discharged, in which
case the suspension shall be for 3 
2 years;

3  33. Has as a driver, who was less than 21 years of age 
4 on the date of
the offense, been convicted a first time of 
5 a violation of paragraph (a) of
Section 11-502 of this Code 
6 or a similar provision of a local ordinance;

7  34. Has committed a violation of Section 11-1301.5 of 
8 this Code or a similar provision of a local ordinance;

9  35. Has committed a violation of Section 11-1301.6 of 
10 this Code or a similar provision of a local ordinance;

11  36. Is under the age of 21 years at the time of arrest 
12 and has been
convicted of not less than 2 offenses against 
13 traffic regulations governing
the movement of vehicles 
14 committed within any 24 month period. No revocation
or 
15 suspension shall be entered more than 6 months after the 
16 date of last
conviction;

17  37. Has committed a violation of subsection (c) of 
18 Section 11-907 of this
Code that resulted in damage to the 
19 property of another or the death or injury of another;

20  38. Has been convicted of a violation of Section 6-20 
21 of the Liquor
Control Act of 1934 or a similar provision of 
22 a local ordinance;

23  39. Has committed a second or subsequent violation of 
24 Section
11-1201 of this Code;

25  40. Has committed a violation of subsection (a-1) of 
26 Section 11-908 of
this Code;
 
 
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1  41. Has committed a second or subsequent violation of 
2 Section 11-605.1 of this Code, a similar provision of a 
3 local ordinance, or a similar violation in any other state 
4 within 2 years of the date of the previous violation, in 
5 which case the suspension shall be for 90 days;
6  42. Has committed a violation of subsection (a-1) of 
7 Section 11-1301.3 of this Code or a similar provision of a 
8 local ordinance;

9  43. Has received a disposition of court supervision for 
10 a violation of subsection (a), (d), or (e) of Section 6-20 
11 of the Liquor
Control Act of 1934 or a similar provision of 
12 a local ordinance, in which case the suspension shall be 
13 for a period of 3 months;

14  44.
Is under the age of 21 years at the time of arrest 
15 and has been convicted of an offense against traffic 
16 regulations governing the movement of vehicles after 
17 having previously had his or her driving privileges

18 suspended or revoked pursuant to subparagraph 36 of this 
19 Section;
20  45.
Has, in connection with or during the course of a 
21 formal hearing conducted under Section 2-118 of this Code: 
22 (i) committed perjury; (ii) submitted fraudulent or 
23 falsified documents; (iii) submitted documents that have 
24 been materially altered; or (iv) submitted, as his or her 
25 own, documents that were in fact prepared or composed for 
26 another person;
 
 
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1  46. Has committed a violation of subsection (j) of 
2 Section 3-413 of this Code;

3  47. Has committed a violation of Section 11-502.1 of 
4 this Code; or 
5  48. Has submitted a falsified or altered medical 
6 examiner's certificate to the Secretary of State or 
7 provided false information to obtain a medical examiner's 
8 certificate; . 
9  49. Has been convicted of a violation of any Section of 
10 Article 9 of Chapter 11 of this Code relating to 
11 right-of-way that resulted in a Type A injury to or death 
12 of another, in which case the person's driving privileges 
13 shall be suspended for 12 months; or
14  50. Has been convicted of a violation of Section 
15 11-1002 or 11-1002.5 that resulted in a Type A injury to, 
16 or death of, another, in which case the person's driving 
17 privileges shall be suspended for 12 months.
18 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
19and 27 of this
subsection, license means any driver's license, 
20any traffic ticket issued when
the person's driver's license is 
21deposited in lieu of bail, a suspension
notice issued by the 
22Secretary of State, a duplicate or corrected driver's
license, 
23a probationary driver's license or a temporary driver's 
24license.
25 (b) If any conviction forming the basis of a suspension or

26revocation authorized under this Section is appealed, the

 
 
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1Secretary of State may rescind or withhold the entry of the 
2order of suspension
or revocation, as the case may be, provided 
3that a certified copy of a stay
order of a court is filed with 
4the Secretary of State. If the conviction is
affirmed on 
5appeal, the date of the conviction shall relate back to the 
6time
the original judgment of conviction was entered and the 6 
7month limitation
prescribed shall not apply.


8 (c) 1. Upon suspending or revoking the driver's license or 
9permit of
any person as authorized in this Section, the 
10Secretary of State shall
immediately notify the person in 
11writing of the revocation or suspension.
The notice to be 
12deposited in the United States mail, postage prepaid,
to the 
13last known address of the person.

14 2. If the Secretary of State suspends the driver's license

15of a person under subsection 2 of paragraph (a) of this 
16Section, a
person's privilege to operate a vehicle as an 
17occupation shall not be
suspended, provided an affidavit is 
18properly completed, the appropriate fee
received, and a permit 
19issued prior to the effective date of the
suspension, unless 5 
20offenses were committed, at least 2 of which occurred
while 
21operating a commercial vehicle in connection with the driver's

22regular occupation. All other driving privileges shall be 
23suspended by the
Secretary of State. Any driver prior to 
24operating a vehicle for
occupational purposes only must submit 
25the affidavit on forms to be
provided by the Secretary of State 
26setting forth the facts of the person's
occupation. The 
 
 
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1affidavit shall also state the number of offenses
committed 
2while operating a vehicle in connection with the driver's 
3regular
occupation. The affidavit shall be accompanied by the 
4driver's license.
Upon receipt of a properly completed 
5affidavit, the Secretary of State
shall issue the driver a 
6permit to operate a vehicle in connection with the
driver's 
7regular occupation only. Unless the permit is issued by the

8Secretary of State prior to the date of suspension, the 
9privilege to drive
any motor vehicle shall be suspended as set 
10forth in the notice that was
mailed under this Section. If an 
11affidavit is received subsequent to the
effective date of this 
12suspension, a permit may be issued for the remainder
of the 
13suspension period.

14 The provisions of this subparagraph shall not apply to any 
15driver
required to possess a CDL for the purpose of operating a 
16commercial motor vehicle.

17 Any person who falsely states any fact in the affidavit 
18required
herein shall be guilty of perjury under Section 6-302 
19and upon conviction
thereof shall have all driving privileges 
20revoked without further rights.

21 3. At the conclusion of a hearing under Section 2-118 of 
22this Code,
the Secretary of State shall either rescind or 
23continue an order of
revocation or shall substitute an order of 
24suspension; or, good
cause appearing therefor, rescind, 
25continue, change, or extend the
order of suspension. If the 
26Secretary of State does not rescind the order,
the Secretary 
 
 
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1may upon application,
to relieve undue hardship (as defined by 
2the rules of the Secretary of State), issue
a restricted 
3driving permit granting the privilege of driving a motor

4vehicle between the petitioner's residence and petitioner's 
5place of
employment or within the scope of the petitioner's 
6employment related duties, or to
allow the petitioner to 
7transport himself or herself, or a family member of the

8petitioner's household to a medical facility, to receive 
9necessary medical care, to allow the petitioner to transport 
10himself or herself to and from alcohol or drug
remedial or 
11rehabilitative activity recommended by a licensed service 
12provider, or to allow the petitioner to transport himself or 
13herself or a family member of the petitioner's household to 
14classes, as a student, at an accredited educational 
15institution, or to allow the petitioner to transport children, 
16elderly persons, or persons with disabilities who do not hold 
17driving privileges and are living in the petitioner's household 
18to and from daycare. The
petitioner must demonstrate that no 
19alternative means of
transportation is reasonably available 
20and that the petitioner will not endanger
the public safety or 
21welfare.

22  (A) If a person's license or permit is revoked or 
23 suspended due to 2
or more convictions of violating Section 
24 11-501 of this Code or a similar
provision of a local 
25 ordinance or a similar out-of-state offense, or Section 9-3 
26 of the Criminal Code of 1961 or the Criminal Code of 2012, 
 
 
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1 where the use of alcohol or other drugs is recited as an 
2 element of the offense, or a similar out-of-state offense, 
3 or a combination of these offenses, arising out
of separate 
4 occurrences, that person, if issued a restricted driving 
5 permit,
may not operate a vehicle unless it has been 
6 equipped with an ignition
interlock device as defined in 
7 Section 1-129.1.

8  (B) If a person's license or permit is revoked or 
9 suspended 2 or more
times due to any combination of:
10   (i) a single conviction of violating Section

11 11-501 of this Code or a similar provision of a local 
12 ordinance or a similar
out-of-state offense or Section 
13 9-3 of the Criminal Code of 1961 or the Criminal Code 
14 of 2012, where the use of alcohol or other drugs is 
15 recited as an element of the offense, or a similar 
16 out-of-state offense; or
17   (ii) a statutory summary suspension or revocation 
18 under Section
11-501.1; or
19   (iii) a suspension under Section 6-203.1; 
20 arising out of
separate occurrences; that person, if issued 
21 a restricted driving permit, may
not operate a vehicle 
22 unless it has been
equipped with an ignition interlock 
23 device as defined in Section 1-129.1.
24  (B-5) If a person's license or permit is revoked or 
25 suspended due to a conviction for a violation of 
26 subparagraph (C) or (F) of paragraph (1) of subsection (d) 
 
 
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1 of Section 11-501 of this Code, or a similar provision of a 
2 local ordinance or similar out-of-state offense, that 
3 person, if issued a restricted driving permit, may not 
4 operate a vehicle unless it has been equipped with an 
5 ignition interlock device as defined in Section 1-129.1. 
6  (C)
The person issued a permit conditioned upon the use 
7 of an ignition interlock device must pay to the Secretary 
8 of State DUI Administration Fund an amount
not to exceed 
9 $30 per month. The Secretary shall establish by rule the 
10 amount
and the procedures, terms, and conditions relating 
11 to these fees.
12  (D) If the
restricted driving permit is issued for 
13 employment purposes, then the prohibition against 
14 operating a motor vehicle that is not equipped with an 
15 ignition interlock device does not apply to the operation 
16 of an occupational vehicle owned or
leased by that person's 
17 employer when used solely for employment purposes. For any 
18 person who, within a 5-year period, is convicted of a 
19 second or subsequent offense under Section 11-501 of this 
20 Code, or a similar provision of a local ordinance or 
21 similar out-of-state offense, this employment exemption 
22 does not apply until either a one-year period has elapsed 
23 during which that person had his or her driving privileges 
24 revoked or a one-year period has elapsed during which that 
25 person had a restricted driving permit which required the 
26 use of an ignition interlock device on every motor vehicle 
 
 
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1 owned or operated by that person.
2  (E) In each case the Secretary may issue a
restricted 
3 driving permit for a period deemed appropriate, except that 
4 all
permits shall expire no later than 2 years from the 
5 date of issuance. A
restricted driving permit issued under 
6 this Section shall be subject to
cancellation, revocation, 
7 and suspension by the Secretary of State in like
manner and 
8 for like cause as a driver's license issued under this Code 
9 may be
cancelled, revoked, or suspended; except that a 
10 conviction upon one or more
offenses against laws or 
11 ordinances regulating the movement of traffic
shall be 
12 deemed sufficient cause for the revocation, suspension, or

13 cancellation of a restricted driving permit. The Secretary 
14 of State may, as
a condition to the issuance of a 
15 restricted driving permit, require the
applicant to 
16 participate in a designated driver remedial or 
17 rehabilitative
program. The Secretary of State is 
18 authorized to cancel a restricted
driving permit if the 
19 permit holder does not successfully complete the program.

20  (F) A person subject to the provisions of paragraph 4 
21 of 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 
24 expiration of 5 years from the effective date of the most 
25 recent revocation or after 5 years from the date of release 
26 from a period of imprisonment resulting from a conviction 
 
 
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1 of the most recent offense, whichever is later, provided 
2 the person, in addition to all other requirements of the 
3 Secretary, shows by clear and convincing evidence: 
4   (i) a minimum of 3 years of uninterrupted 
5 abstinence from alcohol and the unlawful use or 
6 consumption of cannabis under the Cannabis Control 
7 Act, a controlled substance under the Illinois 
8 Controlled Substances Act, an intoxicating compound 
9 under the Use of Intoxicating Compounds Act, or 
10 methamphetamine under the Methamphetamine Control and 
11 Community Protection Act; and
12   (ii) the successful completion of any 
13 rehabilitative treatment and involvement in any 
14 ongoing rehabilitative activity that may be 
15 recommended by a properly licensed service provider 
16 according to an assessment of the person's alcohol or 
17 drug use under Section 11-501.01 of this Code. 
18  In determining whether an applicant is eligible for a 
19 restricted driving permit under this subparagraph (F), the 
20 Secretary may consider any relevant evidence, including, 
21 but not limited to, testimony, affidavits, records, and the 
22 results of regular alcohol or drug tests. Persons subject 
23 to the provisions of paragraph 4 of subsection (b) of 
24 Section 6-208 of this Code and who have been convicted of 
25 more than one violation of paragraph (3), paragraph (4), or 
26 paragraph (5) of subsection (a) of Section 11-501 of this 
 
 
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1 Code shall not be eligible to apply for a restricted 
2 driving permit under this subparagraph (F). 
3  A restricted driving permit issued under this 
4 subparagraph (F) shall provide that the holder may only 
5 operate motor vehicles equipped with an ignition interlock 
6 device as required under paragraph (2) of subsection (c) of 
7 Section 6-205 of this Code and subparagraph (A) of 
8 paragraph 3 of subsection (c) of this Section. The 
9 Secretary may revoke a restricted driving permit or amend 
10 the conditions of a restricted driving permit issued under 
11 this subparagraph (F) if the holder operates a vehicle that 
12 is not equipped with an ignition interlock device, or for 
13 any other reason authorized under this Code. 
14  A restricted driving permit issued under this 
15 subparagraph (F) shall be revoked, and the holder barred 
16 from applying for or being issued a restricted driving 
17 permit in the future, if the holder is convicted of a 
18 violation of Section 11-501 of this Code, a similar 
19 provision of a local ordinance, or a similar offense in 
20 another state. 
21 (c-3) In the case of a suspension under paragraph 43 of 
22subsection (a), reports received by the Secretary of State 
23under this Section shall, except during the actual time the 
24suspension is in effect, be privileged information and for use 
25only by the courts, police officers, prosecuting authorities, 
26the driver licensing administrator of any other state, the 
 
 
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1Secretary of State, or the parent or legal guardian of a driver 
2under the age of 18. However, beginning January 1, 2008, if the 
3person is a CDL holder, the suspension shall also be made 
4available to the driver licensing administrator of any other 
5state, the U.S. Department of Transportation, and the affected 
6driver or motor
carrier or prospective motor carrier upon 
7request.

8 (c-4) In the case of a suspension under paragraph 43 of 
9subsection (a), the Secretary of State shall notify the person 
10by mail that his or her driving privileges and driver's license 
11will be suspended one month after the date of the mailing of 
12the notice.

13 (c-5) The Secretary of State may, as a condition of the 
14reissuance of a
driver's license or permit to an applicant 
15whose driver's license or permit has
been suspended before he 
16or she reached the age of 21 years pursuant to any of
the 
17provisions of this Section, require the applicant to 
18participate in a
driver remedial education course and be 
19retested under Section 6-109 of this
Code.

20 (d) This Section is subject to the provisions of the 
21Drivers License
Compact.

22 (e) The Secretary of State shall not issue a restricted 
23driving permit to
a person under the age of 16 years whose 
24driving privileges have been suspended
or revoked under any 
25provisions of this Code.

26 (f) In accordance with 49 C.F.R. 384, the Secretary of 
 
 
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1State may not issue a restricted driving permit for the 
2operation of a commercial motor vehicle to a person holding a 
3CDL whose driving privileges have been suspended, revoked, 
4cancelled, or disqualified under any provisions of this Code.
5(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; 
699-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16; 
799-642, eff. 7-28-16; 100-803, eff. 1-1-19.)


8 Section 99. Effective date. This Act takes effect July 1, 
92020.".