Rep. Norine K. Hammond
Filed: 3/19/2019
 
 


 




10100HB2386ham001LRB101 08836 TAE 57760 a



1
AMENDMENT TO HOUSE BILL 2386 




2 AMENDMENT NO. ______. Amend House Bill 2386 on page 1, line 
35, by replacing "Section 12-610.2" with "Sections 6-206 and 
412-610.2"; and


5on page 1, immediately below line 5, by inserting the 
6following:


7 "(625 ILCS 5/6-206)



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7  14. Has committed a violation of Section 6-301, 
8 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or 
9 14B of the Illinois Identification Card
Act;

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

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

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

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

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 an accident 
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 use of weapons, in which case the 
10 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 used 
22 by another in
the application process in order to obtain or 
23 attempt to obtain a license,
identification card, or 
24 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. Has violated Section 6-16 of the Liquor Control Act 
3 of 1934;

4  28. Has been convicted for a first time of the illegal 
5 possession, while operating or
in actual physical control, 
6 as a driver, of a motor vehicle, of any
controlled 
7 substance prohibited under the Illinois Controlled 
8 Substances
Act, any cannabis prohibited under the Cannabis 
9 Control
Act, or any methamphetamine prohibited under the 
10 Methamphetamine Control and Community Protection Act, in 
11 which case the person's driving privileges shall be 
12 suspended for
one year.
Any defendant found guilty of this 
13 offense while operating a motor vehicle,
shall have an 
14 entry made in the court record by the presiding judge that

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

18  29. Has been convicted of the following offenses that 
19 were committed
while the person was operating or in actual 
20 physical control, as a driver,
of a motor vehicle: criminal 
21 sexual assault,
predatory criminal sexual assault of a 
22 child,
aggravated criminal sexual
assault, criminal sexual 
23 abuse, aggravated criminal sexual abuse, juvenile
pimping, 
24 soliciting for a juvenile prostitute, promoting juvenile 
25 prostitution as described in subdivision (a)(1), (a)(2), 
26 or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 
 
 
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1 or the 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 from 
14 the unlawful use or consumption of cannabis as listed
in 
15 the Cannabis Control Act, a controlled substance as listed 
16 in the Illinois
Controlled Substances Act, an intoxicating 
17 compound as listed in the Use of
Intoxicating Compounds 
18 Act, or methamphetamine as listed in the Methamphetamine 
19 Control and Community Protection Act, in which case the 
20 penalty shall be
as prescribed in Section 6-208.1;

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

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

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

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

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

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

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

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

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

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

12  44.
Is under the age of 21 years at the time of arrest 
13 and has been convicted of an offense against traffic 
14 regulations governing the movement of vehicles after 
15 having previously had his or her driving privileges

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

 
 
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1  47. Has committed a violation of Section 11-502.1 of 
2 this Code; or 
3  48. Has submitted a falsified or altered medical 
4 examiner's certificate to the Secretary of State or 
5 provided false information to obtain a medical examiner's 
6 certificate; or . 
7  49. Has committed a violation of subsection (b-5) of 
8 Section 12-610.2 that resulted in great bodily harm, 
9 permanent disability, or disfigurement, in which case the 
10 driving privileges shall be suspended for 12 months. 
11 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
12and 27 of this
subsection, license means any driver's license, 
13any traffic ticket issued when
the person's driver's license is 
14deposited in lieu of bail, a suspension
notice issued by the 
15Secretary of State, a duplicate or corrected driver's
license, 
16a probationary driver's license or a temporary driver's 
17license.
18 (b) If any conviction forming the basis of a suspension or

19revocation authorized under this Section is appealed, the

20Secretary of State may rescind or withhold the entry of the 
21order of suspension
or revocation, as the case may be, provided 
22that a certified copy of a stay
order of a court is filed with 
23the Secretary of State. If the conviction is
affirmed on 
24appeal, the date of the conviction shall relate back to the 
25time
the original judgment of conviction was entered and the 6 
26month limitation
prescribed shall not apply.


 
 
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1 (c) 1. Upon suspending or revoking the driver's license or 
2permit of
any person as authorized in this Section, the 
3Secretary of State shall
immediately notify the person in 
4writing of the revocation or suspension.
The notice to be 
5deposited in the United States mail, postage prepaid,
to the 
6last known address of the person.

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

8of a person under subsection 2 of paragraph (a) of this 
9Section, a
person's privilege to operate a vehicle as an 
10occupation shall not be
suspended, provided an affidavit is 
11properly completed, the appropriate fee
received, and a permit 
12issued prior to the effective date of the
suspension, unless 5 
13offenses were committed, at least 2 of which occurred
while 
14operating a commercial vehicle in connection with the driver's

15regular occupation. All other driving privileges shall be 
16suspended by the
Secretary of State. Any driver prior to 
17operating a vehicle for
occupational purposes only must submit 
18the affidavit on forms to be
provided by the Secretary of State 
19setting forth the facts of the person's
occupation. The 
20affidavit shall also state the number of offenses
committed 
21while operating a vehicle in connection with the driver's 
22regular
occupation. The affidavit shall be accompanied by the 
23driver's license.
Upon receipt of a properly completed 
24affidavit, the Secretary of State
shall issue the driver a 
25permit to operate a vehicle in connection with the
driver's 
26regular occupation only. Unless the permit is issued by the

 
 
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1Secretary of State prior to the date of suspension, the 
2privilege to drive
any motor vehicle shall be suspended as set 
3forth in the notice that was
mailed under this Section. If an 
4affidavit is received subsequent to the
effective date of this 
5suspension, a permit may be issued for the remainder
of the 
6suspension period.

7 The provisions of this subparagraph shall not apply to any 
8driver
required to possess a CDL for the purpose of operating a 
9commercial motor vehicle.

10 Any person who falsely states any fact in the affidavit 
11required
herein shall be guilty of perjury under Section 6-302 
12and upon conviction
thereof shall have all driving privileges 
13revoked without further rights.

14 3. At the conclusion of a hearing under Section 2-118 of 
15this Code,
the Secretary of State shall either rescind or 
16continue an order of
revocation or shall substitute an order of 
17suspension; or, good
cause appearing therefor, rescind, 
18continue, change, or extend the
order of suspension. If the 
19Secretary of State does not rescind the order,
the Secretary 
20may upon application,
to relieve undue hardship (as defined by 
21the rules of the Secretary of State), issue
a restricted 
22driving permit granting the privilege of driving a motor

23vehicle between the petitioner's residence and petitioner's 
24place of
employment or within the scope of the petitioner's 
25employment related duties, or to
allow the petitioner to 
26transport himself or herself, or a family member of the

 
 
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1petitioner's household to a medical facility, to receive 
2necessary medical care, to allow the petitioner to transport 
3himself or herself to and from alcohol or drug
remedial or 
4rehabilitative activity recommended by a licensed service 
5provider, or to allow the petitioner to transport himself or 
6herself or a family member of the petitioner's household to 
7classes, as a student, at an accredited educational 
8institution, or to allow the petitioner to transport children, 
9elderly persons, or persons with disabilities who do not hold 
10driving privileges and are living in the petitioner's household 
11to and from daycare. The
petitioner must demonstrate that no 
12alternative means of
transportation is reasonably available 
13and that the petitioner will not endanger
the public safety or 
14welfare.

15  (A) If a person's license or permit is revoked or 
16 suspended due to 2
or more convictions of violating Section 
17 11-501 of this Code or a similar
provision of a local 
18 ordinance or a similar out-of-state offense, or Section 9-3 
19 of the Criminal Code of 1961 or the Criminal Code of 2012, 
20 where the use of alcohol or other drugs is recited as an 
21 element of the offense, or a similar out-of-state offense, 
22 or a combination of these offenses, arising out
of separate 
23 occurrences, that person, if issued a restricted driving 
24 permit,
may not operate a vehicle unless it has been 
25 equipped with an ignition
interlock device as defined in 
26 Section 1-129.1.

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

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

6 cancellation of a restricted driving permit. The Secretary 
7 of State may, as
a condition to the issuance of a 
8 restricted driving permit, require the
applicant to 
9 participate in a designated driver remedial or 
10 rehabilitative
program. The Secretary of State is 
11 authorized to cancel a restricted
driving permit if the 
12 permit holder does not successfully complete the program.

13  (F) A person subject to the provisions of paragraph 4 
14 of subsection (b) of Section 6-208 of this Code may make 
15 application for a restricted driving permit at a hearing 
16 conducted under Section 2-118 of this Code after the 
17 expiration of 5 years from the effective date of the most 
18 recent revocation or after 5 years from the date of release 
19 from a period of imprisonment resulting from a conviction 
20 of the most recent offense, whichever is later, provided 
21 the person, in addition to all other requirements of the 
22 Secretary, shows by clear and convincing evidence: 
23   (i) a minimum of 3 years of uninterrupted 
24 abstinence from alcohol and the unlawful use or 
25 consumption of cannabis under the Cannabis Control 
26 Act, a controlled substance under the Illinois 
 
 
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1 Controlled Substances Act, an intoxicating compound 
2 under the Use of Intoxicating Compounds Act, or 
3 methamphetamine under the Methamphetamine Control and 
4 Community Protection Act; and
5   (ii) the successful completion of any 
6 rehabilitative treatment and involvement in any 
7 ongoing rehabilitative activity that may be 
8 recommended by a properly licensed service provider 
9 according to an assessment of the person's alcohol or 
10 drug use under Section 11-501.01 of this Code. 
11  In determining whether an applicant is eligible for a 
12 restricted driving permit under this subparagraph (F), the 
13 Secretary may consider any relevant evidence, including, 
14 but not limited to, testimony, affidavits, records, and the 
15 results of regular alcohol or drug tests. Persons subject 
16 to the provisions of paragraph 4 of subsection (b) of 
17 Section 6-208 of this Code and who have been convicted of 
18 more than one violation of paragraph (3), paragraph (4), or 
19 paragraph (5) of subsection (a) of Section 11-501 of this 
20 Code shall not be eligible to apply for a restricted 
21 driving permit under this subparagraph (F). 
22  A restricted driving permit issued under this 
23 subparagraph (F) shall provide that the holder may only 
24 operate motor vehicles equipped with an ignition interlock 
25 device as required under paragraph (2) of subsection (c) of 
26 Section 6-205 of this Code and subparagraph (A) of 
 
 
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1 paragraph 3 of subsection (c) of this Section. The 
2 Secretary may revoke a restricted driving permit or amend 
3 the conditions of a restricted driving permit issued under 
4 this subparagraph (F) if the holder operates a vehicle that 
5 is not equipped with an ignition interlock device, or for 
6 any other reason authorized under this Code. 
7  A restricted driving permit issued under this 
8 subparagraph (F) shall be revoked, and the holder barred 
9 from applying for or being issued a restricted driving 
10 permit in the future, if the holder is convicted of a 
11 violation of Section 11-501 of this Code, a similar 
12 provision of a local ordinance, or a similar offense in 
13 another state. 
14 (c-3) In the case of a suspension under paragraph 43 of 
15subsection (a), reports received by the Secretary of State 
16under this Section shall, except during the actual time the 
17suspension is in effect, be privileged information and for use 
18only by the courts, police officers, prosecuting authorities, 
19the driver licensing administrator of any other state, the 
20Secretary of State, or the parent or legal guardian of a driver 
21under the age of 18. However, beginning January 1, 2008, if the 
22person is a CDL holder, the suspension shall also be made 
23available to the driver licensing administrator of any other 
24state, the U.S. Department of Transportation, and the affected 
25driver or motor
carrier or prospective motor carrier upon 
26request.

 
 
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1 (c-4) In the case of a suspension under paragraph 43 of 
2subsection (a), the Secretary of State shall notify the person 
3by mail that his or her driving privileges and driver's license 
4will be suspended one month after the date of the mailing of 
5the notice.

6 (c-5) The Secretary of State may, as a condition of the 
7reissuance of a
driver's license or permit to an applicant 
8whose driver's license or permit has
been suspended before he 
9or she reached the age of 21 years pursuant to any of
the 
10provisions of this Section, require the applicant to 
11participate in a
driver remedial education course and be 
12retested under Section 6-109 of this
Code.

13 (d) This Section is subject to the provisions of the 
14Drivers License
Compact.

15 (e) The Secretary of State shall not issue a restricted 
16driving permit to
a person under the age of 16 years whose 
17driving privileges have been suspended
or revoked under any 
18provisions of this Code.

19 (f) In accordance with 49 C.F.R. 384, the Secretary of 
20State may not issue a restricted driving permit for the 
21operation of a commercial motor vehicle to a person holding a 
22CDL whose driving privileges have been suspended, revoked, 
23cancelled, or disqualified under any provisions of this Code.
24(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16; 
2599-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16; 
2699-642, eff. 7-28-16; 100-803, eff. 1-1-19.)"; and

 
 
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1on page 2, by replacing lines 7 and 8 with the following:
2"shall be assessed a minimum fine of $1,000."; and

3on page 7, lines 13 and 14, by changing "upon becoming law" to 
4"on July 1, 2020".