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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 DJ's Law.
5		Section 5. The Illinois Vehicle Code is amended by
6		changing Sections 6-107 and 6-206 as follows:
7		(625 ILCS 5/6-107)
8		Sec. 6-107. Graduated license.
9		(a) The purpose of the Graduated Licensing Program is to
10		develop safe and mature driving habits in young, inexperienced
11		drivers and reduce or prevent motor vehicle crashes,
12		fatalities, and injuries by:
13		(1) providing for an increase in the time of practice
14		period before granting permission to obtain a driver's
15		license;
16		(2) strengthening driver licensing and testing
17		standards for persons under the age of 21 years;
18		(3) sanctioning driving privileges of drivers under
19		age 21 who have committed serious traffic violations or
20		other specified offenses; and
21		(4) setting stricter standards to promote the public's
22		health and safety.

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1		(b) The application of any person under the age of 18
2		years, and not legally emancipated, for a driver's license or
3		permit to operate a motor vehicle issued under the laws of this
4		State, shall be accompanied by the written consent of either
5		parent of the applicant; otherwise by the guardian having
6		custody of the applicant, or in the event there is no parent or
7		guardian, then by another responsible adult. The written
8		consent must accompany any application for a driver's license
9		under this subsection (b), regardless of whether or not the
10		required written consent also accompanied the person's
11		previous application for an instruction permit.
12		No graduated driver's license shall be issued to any
13		applicant under 18 years of age, unless the applicant is at
14		least 16 years of age and has:
15		(1) Held a valid instruction permit for a minimum of 9
16		months.
17		(2) Passed an approved driver education course and
18		submits proof of having passed the course as may be
19		required.
20		(3) Certification by the parent, legal guardian, or
21		responsible adult that the applicant has had a minimum of
22		50 hours of behind-the-wheel practice time, at least 10
23		hours of which have been at night, and is sufficiently
24		prepared and able to safely operate a motor vehicle.
25		(b-1) No graduated driver's license shall be issued to any
26		applicant who is under 18 years of age and not legally

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1		emancipated, unless the applicant has graduated from a
2		secondary school of this State or any other state, is enrolled
3		in a course leading to a State of Illinois High School Diploma,
4		has obtained a State of Illinois High School Diploma, is
5		enrolled in an elementary or secondary school or college or
6		university of this State or any other state and is not a
7		chronic or habitual truant as provided in Section 26-2a of the
8		School Code, or is receiving home instruction and submits
9		proof of meeting any of those requirements at the time of
10		application.
11		An applicant under 18 years of age who provides proof
12		acceptable to the Secretary that the applicant has resumed
13		regular school attendance or home instruction or that his or
14		her application was denied in error shall be eligible to
15		receive a graduated license if other requirements are met. The
16		Secretary shall adopt rules for implementing this subsection
17		(b-1).
18		(c) No graduated driver's license or permit shall be
19		issued to any applicant under 18 years of age who has committed
20		the offense of operating a motor vehicle without a valid
21		license or permit in violation of Section 6-101 of this Code or
22		a similar out of state offense and no graduated driver's
23		license or permit shall be issued to any applicant under 18
24		years of age who has committed an offense that would otherwise
25		result in a mandatory revocation of a license or permit as
26		provided in Section 6-205 of this Code or who has been either

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1		convicted of or adjudicated a delinquent based upon a
2		violation of the Cannabis Control Act, the Illinois Controlled
3		Substances Act, the Use of Intoxicating Compounds Act, or the
4		Methamphetamine Control and Community Protection Act while
5		that individual was in actual physical control of a motor
6		vehicle. For purposes of this Section, any person placed on
7		probation under Section 10 of the Cannabis Control Act,
8		Section 410 of the Illinois Controlled Substances Act, or
9		Section 70 of the Methamphetamine Control and Community
10		Protection Act shall not be considered convicted. Any person
11		found guilty of such an offense, while in actual physical
12		control of a motor vehicle, shall have an entry made in the
13		court record by the judge that the offense did occur while the
14		person was in actual physical control of a motor vehicle and
15		order the clerk of the court to report the violation to the
16		Secretary of State as such.
17		(d) No graduated driver's license shall be issued for 9
18		months to any applicant under the age of 18 years who has
19		committed and subsequently been convicted of an offense
20		against traffic regulations governing the movement of
21		vehicles, any violation of this Section or Section 12-603.1 of
22		this Code, or who has received a disposition of court
23		supervision for a violation of Section 6-20 of the Illinois
24		Liquor Control Act of 1934 or a similar provision of a local
25		ordinance.
26		(e) No graduated driver's license holder under the age of

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1		18 years shall operate any motor vehicle, except a motor
2		driven cycle or motorcycle, with more than one passenger in
3		the front seat of the motor vehicle and no more passengers in
4		the back seats than the number of available seat safety belts
5		as set forth in Section 12-603 of this Code. If a graduated
6		driver's license holder over the age of 18 committed an
7		offense against traffic regulations governing the movement of
8		vehicles or any violation of this Section or Section 12-603.1
9		of this Code in the 6 months prior to the graduated driver's
10		license holder's 18th birthday, and was subsequently convicted
11		of the violation, the provisions of this paragraph shall
12		continue to apply until such time as a period of 6 consecutive
13		months has elapsed without an additional violation and
14		subsequent conviction of an offense against traffic
15		regulations governing the movement of vehicles or any
16		violation of this Section or Section 12-603.1 of this Code.
17		(f) (Blank).
18		(g) If a graduated driver's license holder is under the
19		age of 18 when he or she receives the license, for the first 12
20		months he or she holds the license or until he or she reaches
21		the age of 18, whichever occurs sooner, the graduated license
22		holder may not operate a motor vehicle with more than one
23		passenger in the vehicle who is under the age of 20, unless any
24		additional passenger or passengers are siblings,
25		step-siblings, children, or stepchildren of the driver. If a
26		graduated driver's license holder is convicted of violating

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1		this subsection and that violation results in bodily harm or
2		permanent disability to another, then the holder's graduated
3		driver's license shall be suspended for 6 months. If a
4		graduated driver's license holder committed an offense against
5		traffic regulations governing the movement of vehicles or any
6		violation of this Section or Section 12-603.1 of this Code
7		during the first 12 months the license is held and
8		subsequently is convicted of the violation, the provisions of
9		this paragraph shall remain in effect until such time as a
10		period of 6 consecutive months has elapsed without an
11		additional violation and subsequent conviction of an offense
12		against traffic regulations governing the movement of vehicles
13		or any violation of this Section or Section 12-603.1 of this
14		Code. If a graduated driver's license holder's license is
15		suspended or revoked for a violation of this subsection that
16		results in bodily harm or permanent disability to another, the
17		provisions of this subsection shall resume upon termination of
18		the suspension or revocation period and shall remain in effect
19		either until a period of 6 consecutive months has elapsed
20		without an additional violation under this subsection or until
21		the graduated driver's license holder turns 18, whichever
22		occurs later, notwithstanding any other provision of this
23		subsection.
24		(h) It shall be an offense for a person that is age 15, but
25		under age 20, to be a passenger in a vehicle operated by a
26		driver holding a graduated driver's license during the first

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1		12 months the driver holds the license or until the driver
2		reaches the age of 18, whichever occurs sooner, if another
3		passenger under the age of 20 is present, excluding a sibling,
4		step-sibling, child, or step-child of the driver.
5		(i) No graduated driver's license shall be issued to any
6		applicant under the age of 18 years if the applicant has been
7		issued a traffic citation for which a disposition has not been
8		rendered at the time of application.
9		(Source: P.A. 102-982, eff. 7-1-23; 102-1100, eff. 1-1-23;
10		103-154, eff. 6-30-23.)
11		(625 ILCS 5/6-206)
12		(Text of Section before amendment by P.A. 104-400)
13		Sec. 6-206. Discretionary authority to suspend or revoke
14		license or permit; right to a hearing.
15		(a) The Secretary of State is authorized to suspend or
16		revoke the driving privileges of any person without
17		preliminary hearing upon a showing of the person's records or
18		other sufficient evidence that the person:
19		1. Has committed an offense for which mandatory
20		revocation of a driver's license or permit is required
21		upon conviction;
22		2. Has been convicted of not less than 3 offenses
23		against traffic regulations governing the movement of
24		vehicles committed within any 12-month period. No
25		revocation or suspension shall be entered more than 6

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

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

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1		this State when the person's driver's license or permit
2		was invalid under the provisions of Sections 6-107.1 and
3		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 or a similar
7		offense in another state if, at the time of the offense,
8		the person held an Illinois driver's license or
9		identification card;
10		15. Has been convicted of violating Section 21-2 of
11		the Criminal Code of 1961 or the Criminal Code of 2012
12		relating to criminal trespass to vehicles if the person
13		exercised actual physical control over the vehicle during
14		the commission of the offense, 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
20		person has not sought a hearing as provided for in Section
21		11-501.1;
22		18. (Blank);
23		19. Has committed a violation of paragraph (a) or (b)
24		of Section 6-101 relating to driving without a driver's
25		license;
26		20. Has been convicted of violating Section 6-104

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

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1		permit;
2		27. (Blank);
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:
20		criminal sexual assault, predatory criminal sexual assault
21		of a child, aggravated criminal sexual assault, criminal
22		sexual abuse, aggravated criminal sexual abuse, juvenile
23		pimping, soliciting for a sexually exploited child,
24		promoting commercial sexual exploitation of a child as
25		described in subdivision (a)(1), (a)(2), or (a)(3) of
26		Section 11-14.4 of the Criminal Code of 1961 or the

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

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1		be for 3 years;
2		33. Has as a driver, who was less than 21 years of age
3		on the date of the offense, been convicted a first time of
4		a violation of paragraph (a) of Section 11-502 of this
5		Code or a similar provision of a local ordinance;
6		34. Has committed a violation of Section 11-1301.5 of
7		this Code or a similar provision of a local ordinance;
8		35. Has committed a violation of Section 11-1301.6 of
9		this Code or a similar provision of a local ordinance;
10		36. Is under the age of 21 years at the time of arrest
11		and has been convicted of not less than 2 offenses against
12		traffic regulations governing the movement of vehicles
13		committed within any 24-month period. No revocation or
14		suspension shall be entered more than 6 months after the
15		date of last conviction;
16		37. Has committed a violation of subsection (c) of
17		Section 11-907 of this Code that resulted in damage to the
18		property of another or the death or injury of another;
19		38. Has been convicted of a violation of Section 6-20
20		of the Liquor Control Act of 1934 or a similar provision of
21		a local ordinance and the person was an occupant of a motor
22		vehicle at the time of the violation;
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
10		for a violation of subsection (a), (d), or (e) of Section
11		6-20 of the Liquor Control Act of 1934 or a similar
12		provision of a local ordinance and the person was an
13		occupant of a motor vehicle at the time of the violation,
14		in which case the suspension shall be for a period of 3
15		months;
16		44. Is under the age of 21 years at the time of arrest
17		and has been convicted of an offense against traffic
18		regulations governing the movement of vehicles after
19		having previously had his or her driving privileges
20		suspended or revoked pursuant to subparagraph 36 of this
21		Section;
22		45. Has, in connection with or during the course of a
23		formal hearing conducted under Section 2-118 of this Code:
24		(i) committed perjury; (ii) submitted fraudulent or
25		falsified documents; (iii) submitted documents that have
26		been materially altered; or (iv) submitted, as his or her

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1		own, documents that were in fact prepared or composed for
2		another person;
3		46. Has committed a violation of subsection (j) of
4		Section 3-413 of this Code;
5		47. Has committed a violation of subsection (a) of
6		Section 11-502.1 of this Code;
7		48. Has submitted a falsified or altered medical
8		examiner's certificate to the Secretary of State or
9		provided false information to obtain a medical examiner's
10		certificate;
11		49. Has been convicted of a violation of Section
12		11-1002 or 11-1002.5 that resulted in a Type A injury to
13		another, in which case the driving privileges of the
14		person shall be suspended for 12 months;
15		50. Has committed a violation of subsection (b-5) of
16		Section 12-610.2 that resulted in great bodily harm,
17		permanent disability, or disfigurement, in which case the
18		driving privileges of the person shall be suspended for 12
19		months;
20		51. Has committed a violation of Section 10-15 Of the
21		Cannabis Regulation and Tax Act or a similar provision of
22		a local ordinance while in a motor vehicle; or
23		52. Has committed a violation of subsection (b) of
24		Section 10-20 of the Cannabis Regulation and Tax Act or a
25		similar provision of a local ordinance.
26		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

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1		and 27 of this subsection, license means any driver's license,
2		any traffic ticket issued when the person's driver's license
3		is deposited in lieu of bail, a suspension notice issued by the
4		Secretary of State, a duplicate or corrected driver's license,
5		a probationary driver's license, or a temporary driver's
6		license.
7		(b) If any conviction forming the basis of a suspension or
8		revocation authorized under this Section is appealed, the
9		Secretary of State may rescind or withhold the entry of the
10		order of suspension or revocation, as the case may be,
11		provided that a certified copy of a stay order of a court is
12		filed with the Secretary of State. If the conviction is
13		affirmed on appeal, the date of the conviction shall relate
14		back to the time the original judgment of conviction was
15		entered and the 6-month limitation prescribed shall not apply.
16		(c) 1. Upon suspending or revoking the driver's license or
17		permit of any person as authorized in this Section, the
18		Secretary of State shall immediately notify the person in
19		writing of the revocation or suspension. The notice to be
20		deposited in the United States mail, postage prepaid, to the
21		last known address of the person.
22		2. If the Secretary of State suspends the driver's license
23		of a person under subsection 2 of paragraph (a) of this
24		Section, a person's privilege to operate a vehicle as an
25		occupation shall not be suspended, provided an affidavit is
26		properly completed, the appropriate fee received, and a permit

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1		issued prior to the effective date of the suspension, unless 5
2		offenses were committed, at least 2 of which occurred while
3		operating a commercial vehicle in connection with the driver's
4		regular occupation. All other driving privileges shall be
5		suspended by the Secretary of State. Any driver prior to
6		operating a vehicle for occupational purposes only must submit
7		the affidavit on forms to be provided by the Secretary of State
8		setting forth the facts of the person's occupation. The
9		affidavit shall also state the number of offenses committed
10		while operating a vehicle in connection with the driver's
11		regular occupation. The affidavit shall be accompanied by the
12		driver's license. Upon receipt of a properly completed
13		affidavit, the Secretary of State shall issue the driver a
14		permit to operate a vehicle in connection with the driver's
15		regular occupation only. Unless the permit is issued by the
16		Secretary of State prior to the date of suspension, the
17		privilege to drive any motor vehicle shall be suspended as set
18		forth in the notice that was mailed under this Section. If an
19		affidavit is received subsequent to the effective date of this
20		suspension, a permit may be issued for the remainder of the
21		suspension period.
22		The provisions of this subparagraph shall not apply to any
23		driver required to possess a CDL for the purpose of operating a
24		commercial motor vehicle.
25		Any person who falsely states any fact in the affidavit
26		required herein shall be guilty of perjury under Section 6-302

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1		and upon conviction thereof shall have all driving privileges
2		revoked without further rights.
3		3. At the conclusion of a hearing under Section 2-118 of
4		this Code, the Secretary of State shall either rescind or
5		continue an order of revocation or shall substitute an order
6		of suspension; or, good cause appearing therefor, rescind,
7		continue, change, or extend the order of suspension. If the
8		Secretary of State does not rescind the order, the Secretary
9		may upon application, to relieve undue hardship (as defined by
10		the rules of the Secretary of State), issue a restricted
11		driving permit granting the privilege of driving a motor
12		vehicle between the petitioner's residence and petitioner's
13		place of employment or within the scope of the petitioner's
14		employment-related duties, or to allow the petitioner to
15		transport himself or herself, or a family member of the
16		petitioner's household to a medical facility, to receive
17		necessary medical care, to allow the petitioner to transport
18		himself or herself to and from alcohol or drug remedial or
19		rehabilitative activity recommended by a licensed service
20		provider, or to allow the petitioner to transport himself or
21		herself or a family member of the petitioner's household to
22		classes, as a student, at an accredited educational
23		institution, or to allow the petitioner to transport children,
24		elderly persons, or persons with disabilities who do not hold
25		driving privileges and are living in the petitioner's
26		household to and from day care daycare. The petitioner must

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1		demonstrate that no alternative means of transportation is
2		reasonably available and that the petitioner will not endanger
3		the public safety or welfare.
4		(A) If a person's license or permit is revoked or
5		suspended due to 2 or more convictions of violating
6		Section 11-501 of this Code or a similar provision of a
7		local ordinance or a similar out-of-state offense, or
8		Section 9-3 of the Criminal Code of 1961 or the Criminal
9		Code of 2012, where the use of alcohol or other drugs is
10		recited as an element of the offense, or a similar
11		out-of-state offense, or a combination of these offenses,
12		arising out of separate occurrences, that person, if
13		issued a restricted driving permit, may not operate a
14		vehicle unless it has been equipped with an ignition
15		interlock device as defined in Section 1-129.1.
16		(B) If a person's license or permit is revoked or
17		suspended 2 or more times due to any combination of:
18		(i) a single conviction of violating Section
19		11-501 of this Code or a similar provision of a local
20		ordinance or a similar out-of-state offense or Section
21		9-3 of the Criminal Code of 1961 or the Criminal Code
22		of 2012, where the use of alcohol or other drugs is
23		recited as an element of the offense, or a similar
24		out-of-state offense; or
25		(ii) a statutory summary suspension or revocation
26		under Section 11-501.1; or

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1		(iii) a suspension under Section 6-203.1;
2		arising out of separate occurrences; that person, if
3		issued a restricted driving permit, may not operate a
4		vehicle unless it has been equipped with an ignition
5		interlock device as defined in Section 1-129.1.
6		(B-5) If a person's license or permit is revoked or
7		suspended due to a conviction for a violation of
8		subparagraph (C) or (F) of paragraph (1) of subsection (d)
9		of Section 11-501 of this Code, or a similar provision of a
10		local ordinance or similar out-of-state offense, that
11		person, if issued a restricted driving permit, may not
12		operate a vehicle unless it has been equipped with an
13		ignition interlock device as defined in Section 1-129.1.
14		(C) The person issued a permit conditioned upon the
15		use of an ignition interlock device must pay to the
16		Secretary of State DUI Administration Fund an amount not
17		to exceed $30 per month. The Secretary shall establish by
18		rule the amount and the procedures, terms, and conditions
19		relating to these fees.
20		(D) If the restricted driving permit is issued for
21		employment purposes, then the prohibition against
22		operating a motor vehicle that is not equipped with an
23		ignition interlock device does not apply to the operation
24		of an occupational vehicle owned or leased by that
25		person's employer when used solely for employment
26		purposes. For any person who, within a 5-year period, is

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1		convicted of a second or subsequent offense under Section
2		11-501 of this Code, or a similar provision of a local
3		ordinance or similar out-of-state offense, this employment
4		exemption does not apply until either a one-year period
5		has elapsed during which that person had his or her
6		driving privileges revoked or a one-year period has
7		elapsed during which that person had a restricted driving
8		permit which required the use of an ignition interlock
9		device on every motor vehicle owned or operated by that
10		person.
11		(E) In each case the Secretary may issue a restricted
12		driving permit for a period deemed appropriate, except
13		that all permits shall expire no later than 2 years from
14		the date of issuance. A restricted driving permit issued
15		under this Section shall be subject to cancellation,
16		revocation, and suspension by the Secretary of State in
17		like manner and for like cause as a driver's license
18		issued under this Code may be cancelled, revoked, or
19		suspended; except that a conviction upon one or more
20		offenses against laws or ordinances regulating the
21		movement of traffic shall be deemed sufficient cause for
22		the revocation, suspension, or cancellation of a
23		restricted driving permit. The Secretary of State may, as
24		a condition to the issuance of a restricted driving
25		permit, require the applicant to participate in a
26		designated driver remedial or rehabilitative program. The

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1		Secretary of State is authorized to cancel a restricted
2		driving permit if the permit holder does not successfully
3		complete the program.
4		(F) A person subject to the provisions of paragraph 4
5		of subsection (b) of Section 6-208 of this Code may make
6		application for a restricted driving permit at a hearing
7		conducted under Section 2-118 of this Code after the
8		expiration of 5 years from the effective date of the most
9		recent revocation or after 5 years from the date of
10		release from a period of imprisonment resulting from a
11		conviction of the most recent offense, whichever is later,
12		provided the person, in addition to all other requirements
13		of the Secretary, shows by clear and convincing evidence:
14		(i) a minimum of 3 years of uninterrupted
15		abstinence from alcohol and the unlawful use or
16		consumption of cannabis under the Cannabis Control
17		Act, a controlled substance under the Illinois
18		Controlled Substances Act, an intoxicating compound
19		under the Use of Intoxicating Compounds Act, or
20		methamphetamine under the Methamphetamine Control and
21		Community Protection Act; and
22		(ii) the successful completion of any
23		rehabilitative treatment and involvement in any
24		ongoing rehabilitative activity that may be
25		recommended by a properly licensed service provider
26		according to an assessment of the person's alcohol or

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1		drug use under Section 11-501.01 of this Code.
2		In determining whether an applicant is eligible for a
3		restricted driving permit under this subparagraph (F), the
4		Secretary may consider any relevant evidence, including,
5		but not limited to, testimony, affidavits, records, and
6		the results of regular alcohol or drug tests. Persons
7		subject to the provisions of paragraph 4 of subsection (b)
8		of Section 6-208 of this Code and who have been convicted
9		of more than one violation of paragraph (3), paragraph
10		(4), or paragraph (5) of subsection (a) of Section 11-501
11		of this Code shall not be eligible to apply for a
12		restricted driving permit under this subparagraph (F).
13		A restricted driving permit issued under this
14		subparagraph (F) shall provide that the holder may only
15		operate motor vehicles equipped with an ignition interlock
16		device as required under paragraph (2) of subsection (c)
17		of Section 6-205 of this Code and subparagraph (A) of
18		paragraph 3 of subsection (c) of this Section. The
19		Secretary may revoke a restricted driving permit or amend
20		the conditions of a restricted driving permit issued under
21		this subparagraph (F) if the holder operates a vehicle
22		that is not equipped with an ignition interlock device, or
23		for any other reason authorized under this Code.
24		A restricted driving permit issued under this
25		subparagraph (F) shall be revoked, and the holder barred
26		from applying for or being issued a restricted driving

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1		permit in the future, if the holder is convicted of a
2		violation of Section 11-501 of this Code, a similar
3		provision of a local ordinance, or a similar offense in
4		another state.
5		(c-3) In the case of a suspension under paragraph 43 of
6		subsection (a), reports received by the Secretary of State
7		under this Section shall, except during the actual time the
8		suspension is in effect, be privileged information and for use
9		only by the courts, police officers, prosecuting authorities,
10		the driver licensing administrator of any other state, the
11		Secretary of State, or the parent or legal guardian of a driver
12		under the age of 18. However, beginning January 1, 2008, if the
13		person is a CDL holder, the suspension shall also be made
14		available to the driver licensing administrator of any other
15		state, the U.S. Department of Transportation, and the affected
16		driver or motor carrier or prospective motor carrier upon
17		request.
18		(c-4) In the case of a suspension under paragraph 43 of
19		subsection (a), the Secretary of State shall notify the person
20		by mail that his or her driving privileges and driver's
21		license will be suspended one month after the date of the
22		mailing of the notice.
23		(c-5) The Secretary of State may, as a condition of the
24		reissuance of a driver's license or permit to an applicant
25		whose driver's license or permit has been suspended before he
26		or she reached the age of 21 years pursuant to any of the

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1		provisions of this Section, require the applicant to
2		participate in a driver remedial education course and be
3		retested under Section 6-109 of this Code.
4		(d) This Section is subject to the provisions of the
5		Driver License Compact.
6		(e) The Secretary of State shall not issue a restricted
7		driving permit to a person under the age of 16 years whose
8		driving privileges have been suspended or revoked under any
9		provisions of this Code.
10		(f) In accordance with 49 CFR 384, the Secretary of State
11		may not issue a restricted driving permit for the operation of
12		a commercial motor vehicle to a person holding a CDL whose
13		driving privileges have been suspended, revoked, cancelled, or
14		disqualified under any provisions of this Code.
15		(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21;
16		102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff.
17		7-1-23; 103-154, eff. 6-30-23; 103-822, eff. 1-1-25; 103-1071,
18		eff. 7-1-25; revised 10-27-25.)
19		(Text of Section after amendment by P.A. 104-400)
20		Sec. 6-206. Discretionary authority to suspend or revoke
21		license or permit; right to a hearing.
22		(a) The Secretary of State is authorized to suspend or
23		revoke the driving privileges of any person without
24		preliminary hearing upon a showing of the person's records or
25		other sufficient evidence that the person:

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

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1		occurs later;
2		5. Has permitted an unlawful or fraudulent use of a
3		driver's license, identification card, or permit;
4		6. Has been lawfully convicted of an offense or
5		offenses in another state, including the authorization
6		contained in Section 6-203.1, which if committed within
7		this State would be grounds for suspension or revocation;
8		7. Has refused or failed to submit to an examination
9		provided for by Section 6-207 or has failed to pass the
10		examination;
11		8. Is ineligible for a driver's license or permit
12		under the provisions of Section 6-103;
13		9. Has made a false statement or knowingly concealed a
14		material fact or has used false information or
15		identification in any application for a license,
16		identification card, or permit;
17		10. Has possessed, displayed, or attempted to
18		fraudulently use any license, identification card, or
19		permit not issued to the person;
20		11. Has operated a motor vehicle upon a highway of
21		this State when the person's driving privilege or
22		privilege to obtain a driver's license or permit was
23		revoked or suspended unless the operation was authorized
24		by a monitoring device driving permit, judicial driving
25		permit issued prior to January 1, 2009, probationary
26		license to drive, or restricted driving permit issued

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1		under this Code;
2		12. Has submitted to any portion of the application
3		process for another person or has obtained the services of
4		another person to submit to any portion of the application
5		process for the purpose of obtaining a license,
6		identification card, or permit for some other person;
7		13. Has operated a motor vehicle upon a highway of
8		this State when the person's driver's license or permit
9		was invalid under the provisions of Sections 6-107.1 and
10		6-110;
11		14. Has committed a violation of Section 6-301,
12		6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
13		14B of the Illinois Identification Card Act or a similar
14		offense in another state if, at the time of the offense,
15		the person held an Illinois driver's license or
16		identification card;
17		15. Has been convicted of violating Section 21-2 of
18		the Criminal Code of 1961 or the Criminal Code of 2012
19		relating to criminal trespass to vehicles if the person
20		exercised actual physical control over the vehicle during
21		the commission of the offense, in which case the
22		suspension shall be for one year;
23		16. Has been convicted of violating Section 11-204 of
24		this Code relating to fleeing from a peace officer;
25		17. Has refused to submit to a test, or tests, as
26		required under Section 11-501.1 of this Code and the

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1		person has not sought a hearing as provided for in Section
2		11-501.1;
3		18. (Blank);
4		19. Has committed a violation of paragraph (a) or (b)
5		of Section 6-101 relating to driving without a driver's
6		license;
7		20. Has been convicted of violating Section 6-104
8		relating to classification of driver's license;
9		21. Has been convicted of violating Section 11-402 of
10		this Code relating to leaving the scene of a crash
11		resulting in damage to a vehicle in excess of $1,000, in
12		which case the suspension shall be for one year;
13		22. Has used a motor vehicle in violating paragraph
14		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
15		the Criminal Code of 1961 or the Criminal Code of 2012
16		relating to unlawful possession of weapons, in which case
17		the suspension shall be for one year;
18		23. Has, as a driver, been convicted of committing a
19		violation of paragraph (a) of Section 11-502 of this Code
20		for a second or subsequent time within one year of a
21		similar violation;
22		24. Has been convicted by a court-martial or punished
23		by non-judicial punishment by military authorities of the
24		United States at a military installation in Illinois or in
25		another state of or for a traffic-related offense that is
26		the same as or similar to an offense specified under

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1		Section 6-205 or 6-206 of this Code;
2		25. Has permitted any form of identification to be
3		used by another in the application process in order to
4		obtain or attempt to obtain a license, identification
5		card, or permit;
6		26. Has altered or attempted to alter a license or has
7		possessed an altered license, identification card, or
8		permit;
9		27. (Blank);
10		28. Has been convicted for a first time of the illegal
11		possession, while operating or in actual physical control,
12		as a driver, of a motor vehicle, of any controlled
13		substance prohibited under the Illinois Controlled
14		Substances Act, any cannabis prohibited under the Cannabis
15		Control Act, or any methamphetamine prohibited under the
16		Methamphetamine Control and Community Protection Act, in
17		which case the person's driving privileges shall be
18		suspended for one year. Any defendant found guilty of this
19		offense while operating a motor vehicle shall have an
20		entry made in the court record by the presiding judge that
21		this offense did occur while the defendant was operating a
22		motor vehicle and order the clerk of the court to report
23		the violation to the Secretary of State;
24		29. Has been convicted of the following offenses that
25		were committed while the person was operating or in actual
26		physical control, as a driver, of a motor vehicle:

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1		criminal sexual assault, predatory criminal sexual assault
2		of a child, aggravated criminal sexual assault, criminal
3		sexual abuse, aggravated criminal sexual abuse, juvenile
4		pimping, soliciting for a sexually exploited child,
5		promoting commercial sexual exploitation of a child as
6		described in subdivision (a)(1), (a)(2), or (a)(3) of
7		Section 11-14.4 of the Criminal Code of 1961 or the
8		Criminal Code of 2012, and the manufacture, sale or
9		delivery of controlled substances or instruments used for
10		illegal drug use or abuse in which case the driver's
11		driving privileges shall be suspended for one year;
12		30. Has been convicted a second or subsequent time for
13		any combination of the offenses named in paragraph 29 of
14		this subsection, in which case the person's driving
15		privileges shall be suspended for 5 years;
16		31. Has refused to submit to a test as required by
17		Section 11-501.6 of this Code or Section 5-16c of the Boat
18		Registration and Safety Act or has submitted to a test
19		resulting in an alcohol concentration of 0.08 or more or
20		any amount of a drug, substance, or compound resulting
21		from the unlawful use or consumption of cannabis as listed
22		in the Cannabis Control Act, a controlled substance as
23		listed in the Illinois Controlled Substances Act, an
24		intoxicating compound as listed in the Use of Intoxicating
25		Compounds Act, or methamphetamine as listed in the
26		Methamphetamine Control and Community Protection Act, in

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1		which case the penalty shall be as prescribed in Section
2		6-208.1;
3		32. Has been convicted of Section 24-1.2 of the
4		Criminal Code of 1961 or the Criminal Code of 2012
5		relating to the aggravated discharge of a firearm if the
6		offender was located in a motor vehicle at the time the
7		firearm was discharged, in which case the suspension shall
8		be for 3 years;
9		33. Has as a driver, who was less than 21 years of age
10		on the date of the offense, been convicted a first time of
11		a violation of paragraph (a) of Section 11-502 of this
12		Code or a similar provision of a local ordinance;
13		34. Has committed a violation of Section 11-1301.5 of
14		this Code or a similar provision of a local ordinance;
15		35. Has committed a violation of Section 11-1301.6 of
16		this Code or a similar provision of a local ordinance;
17		36. Is under the age of 21 years at the time of arrest
18		and has been convicted of not less than 2 offenses against
19		traffic regulations governing the movement of vehicles
20		committed within any 24-month period. No revocation or
21		suspension shall be entered more than 6 months after the
22		date of last conviction;
23		37. Has committed a violation of subsection (c),
24		(c-5), or (c-10) of Section 11-907 of this Code that
25		resulted in damage to the property of another or the death
26		or injury of another;

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1		38. Has been convicted of a violation of Section 6-20
2		of the Liquor Control Act of 1934 or a similar provision of
3		a local ordinance and the person was an occupant of a motor
4		vehicle at the time of the violation;
5		39. Has committed a second or subsequent violation of
6		Section 11-1201 of this Code;
7		40. Has committed a violation of subsection (a-1) of
8		Section 11-908 of this Code;
9		41. Has committed a second or subsequent violation of
10		Section 11-605.1 of this Code, a similar provision of a
11		local ordinance, or a similar violation in any other state
12		within 2 years of the date of the previous violation, in
13		which case the suspension shall be for 90 days;
14		42. Has committed a violation of subsection (a-1) of
15		Section 11-1301.3 of this Code or a similar provision of a
16		local ordinance;
17		43. Has received a disposition of court supervision
18		for a violation of subsection (a), (d), or (e) of Section
19		6-20 of the Liquor Control Act of 1934 or a similar
20		provision of a local ordinance and the person was an
21		occupant of a motor vehicle at the time of the violation,
22		in which case the suspension shall be for a period of 3
23		months;
24		44. Is under the age of 21 years at the time of arrest
25		and has been convicted of an offense against traffic
26		regulations governing the movement of vehicles after

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1		having previously had his or her driving privileges
2		suspended or revoked pursuant to subparagraph 36 of this
3		Section;
4		45. Has, in connection with or during the course of a
5		formal hearing conducted under Section 2-118 of this Code:
6		(i) committed perjury; (ii) submitted fraudulent or
7		falsified documents; (iii) submitted documents that have
8		been materially altered; or (iv) submitted, as his or her
9		own, documents that were in fact prepared or composed for
10		another person;
11		46. Has committed a violation of subsection (j) of
12		Section 3-413 of this Code;
13		47. Has committed a violation of subsection (a) of
14		Section 11-502.1 of this Code;
15		48. Has submitted a falsified or altered medical
16		examiner's certificate to the Secretary of State or
17		provided false information to obtain a medical examiner's
18		certificate;
19		49. Has been convicted of a violation of Section
20		11-1002 or 11-1002.5 that resulted in a Type A injury to
21		another, in which case the driving privileges of the
22		person shall be suspended for 12 months;
23		50. Has committed a violation of subsection (b-5) of
24		Section 12-610.2 that resulted in great bodily harm,
25		permanent disability, or disfigurement, in which case the
26		driving privileges of the person shall be suspended for 12

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1		months;
2		51. Has committed a violation of Section 10-15 Of the
3		Cannabis Regulation and Tax Act or a similar provision of
4		a local ordinance while in a motor vehicle; or
5		52. Has committed a violation of subsection (b) of
6		Section 10-20 of the Cannabis Regulation and Tax Act or a
7		similar provision of a local ordinance; or .
8		53. Has been convicted of a violation of subsection
9		(g) of Section 6-107 of this Code that resulted in bodily
10		harm or permanent disability to another.
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
14		is 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,
22		provided that a certified copy of a stay order of a court is
23		filed with the Secretary of State. If the conviction is
24		affirmed on appeal, the date of the conviction shall relate
25		back to the time the original judgment of conviction was
26		entered and the 6-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

HB4382 Engrossed - 38 - LRB104 16369 LNS 29756 b
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
17		of 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
11		household to and from day care daycare. The petitioner must
12		demonstrate that no alternative means of transportation is
13		reasonably available and that the petitioner will not endanger
14		the public safety or welfare.
15		(A) If a person's license or permit is revoked or
16		suspended due to 2 or more convictions of violating
17		Section 11-501 of this Code or a similar provision of a
18		local ordinance or a similar out-of-state offense, or
19		Section 9-3 of the Criminal Code of 1961 or the Criminal
20		Code of 2012, where the use of alcohol or other drugs is
21		recited as an element of the offense, or a similar
22		out-of-state offense, or a combination of these offenses,
23		arising out of separate occurrences, that person, if
24		issued a restricted driving permit, may not operate a
25		vehicle unless it has been equipped with an ignition
26		interlock device as defined in 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
14		issued a restricted driving permit, may not operate a
15		vehicle unless it has been equipped with an ignition
16		interlock 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
26		use of an ignition interlock device must pay to the

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

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

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

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1		device as required under paragraph (2) of subsection (c)
2		of Section 6-205 of this Code and subparagraph (A) of
3		paragraph 3 of subsection (c) of this Section. The
4		Secretary may revoke a restricted driving permit or amend
5		the conditions of a restricted driving permit issued under
6		this subparagraph (F) if the holder operates a vehicle
7		that is not equipped with an ignition interlock device, or
8		for any other reason authorized under this Code.
9		A restricted driving permit issued under this
10		subparagraph (F) shall be revoked, and the holder barred
11		from applying for or being issued a restricted driving
12		permit in the future, if the holder is convicted of a
13		violation of Section 11-501 of this Code, a similar
14		provision of a local ordinance, or a similar offense in
15		another state.
16		(c-3) In the case of a suspension under paragraph 43 of
17		subsection (a), reports received by the Secretary of State
18		under this Section shall, except during the actual time the
19		suspension is in effect, be privileged information and for use
20		only by the courts, police officers, prosecuting authorities,
21		the driver licensing administrator of any other state, the
22		Secretary of State, or the parent or legal guardian of a driver
23		under the age of 18. However, beginning January 1, 2008, if the
24		person is a CDL holder, the suspension shall also be made
25		available to the driver licensing administrator of any other
26		state, the U.S. Department of Transportation, and the affected

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1		driver or motor carrier or prospective motor carrier upon
2		request.
3		(c-4) In the case of a suspension under paragraph 43 of
4		subsection (a), the Secretary of State shall notify the person
5		by mail that his or her driving privileges and driver's
6		license will be suspended one month after the date of the
7		mailing of the notice.
8		(c-5) The Secretary of State may, as a condition of the
9		reissuance of a driver's license or permit to an applicant
10		whose driver's license or permit has been suspended before he
11		or she reached the age of 21 years pursuant to any of the
12		provisions of this Section, require the applicant to
13		participate in a driver remedial education course and be
14		retested under Section 6-109 of this Code.
15		(d) This Section is subject to the provisions of the
16		Driver License Compact.
17		(e) The Secretary of State shall not issue a restricted
18		driving permit to a person under the age of 16 years whose
19		driving privileges have been suspended or revoked under any
20		provisions of this Code.
21		(f) In accordance with 49 CFR 384, the Secretary of State
22		may not issue a restricted driving permit for the operation of
23		a commercial motor vehicle to a person holding a CDL whose
24		driving privileges have been suspended, revoked, cancelled, or
25		disqualified under any provisions of this Code.
26		(Source: P.A. 103-154, eff. 6-30-23; 103-822, eff. 1-1-25;

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1		103-1071, eff. 7-1-25; 104-400, eff. 6-1-26; revised
2		10-27-25.)
3		Section 95. No acceleration or delay. Where this Act makes
4		changes in a statute that is represented in this Act by text
5		that is not yet or no longer in effect (for example, a Section
6		represented by multiple versions), the use of that text does
7		not accelerate or delay the taking effect of (i) the changes
8		made by this Act or (ii) provisions derived from any other
9		Public Act.
10		Section 99. Effective date. This Act takes effect January
11		1, 2027.