(625 ILCS 5/6‑201)
Sec. 6‑201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any license or permit upon determining that the holder thereof:
1. was not entitled to the issuance thereof
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2. failed to give the required or correct |
| information in his application; or | |
3. failed to pay any fees, civil penalties owed to |
| the Illinois Commerce Commission, or taxes due under this Act and upon reasonable notice and demand; or | |
4. committed any fraud in the making of such |
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5. is ineligible therefor under the provisions of |
| Section 6‑103 of this Act, as amended; or | |
6. has refused or neglected to submit an alcohol, |
| drug, and intoxicating compound evaluation or to submit to examination or re‑examination as required under this Act; or | |
7. has been convicted of violating the Cannabis |
| Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Use of Intoxicating Compounds Act while that individual was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. After the cancellation, the Secretary of State shall not issue a new license or permit for a period of one year after the date of cancellation. However, upon application, the Secretary of State may, if satisfied that the person applying will not endanger the public safety, or welfare, issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of the petitioner's employment related duties, or to allow transportation for the petitioner or a household member of the petitioner's family for the receipt of necessary medical care, or provide transportation for the petitioner to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or for the petitioner to attend classes, as a student, in an accredited educational institution. The petitioner must demonstrate that no alternative means of transportation is reasonably available; provided that the Secretary's discretion shall be limited to cases where undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue such restricted driving permit. In each case the Secretary of State may issue such restricted driving permit for such period as he deems appropriate, except that such permit shall expire within one year from the date of issuance. A restricted driving permit issued hereunder shall be subject to cancellation, revocation and suspension by the Secretary of State in like manner and for like cause as a driver's license issued hereunder may be cancelled, revoked or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a driver remedial or rehabilitative program. In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been revoked, suspended, cancelled, or disqualified under this Code; or | |
8. failed to submit a report as required by Section |
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9. has been convicted of a sex offense as defined in |
| the Sex Offender Registration Act. The driver's license shall remain cancelled until the driver registers as a sex offender as required by the Sex Offender Registration Act, proof of the registration is furnished to the Secretary of State and the sex offender provides proof of current address to the Secretary; or | |
10. is ineligible for a license or permit under |
| Section 6‑107, 6‑107.1, or 6‑108 of this Code; or | |
11. refused or neglected to appear at a Driver |
| Services facility to have the license or permit corrected and a new license or permit issued. | |
(b) Upon such cancellation the licensee or permittee must surrender the license or permit so cancelled to the Secretary of State.
(c) Except as provided in Sections 6‑206.1 and 7‑702.1, the Secretary of State shall have exclusive authority to grant, issue, deny, cancel, suspend and revoke driving privileges, drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement this Section.
(Source: P.A. 94‑556, eff. 9‑11‑05; 94‑916, eff. 7‑1‑07; 94‑993, eff. 1‑1‑07; 95‑331, eff. 8‑21‑07; 95‑382, eff. 8‑23‑07; 95‑627, eff. 6‑1‑08; 95‑876, eff. 8‑21‑08.) |
(625 ILCS 5/6‑204) (from Ch. 95 1/2, par. 6‑204)
Sec. 6‑204. When Court to forward License and Reports.
(a) For the purpose of providing to the Secretary of State the records essential to the performance of the Secretary's duties under this Code to cancel, revoke or suspend the driver's license and privilege to drive motor vehicles of certain minors adjudicated truant minors in need of supervision, addicted, or delinquent and of persons found guilty of the criminal offenses or traffic violations which this Code recognizes as evidence relating to unfitness to safely operate motor vehicles, the following duties are imposed upon public officials:
(1) Whenever any person is convicted of any offense
| for which this Code makes mandatory the cancellation or revocation of the driver's license or permit of such person by the Secretary of State, the judge of the court in which such conviction is had shall require the surrender to the clerk of the court of all driver's licenses or permits then held by the person so convicted, and the clerk of the court shall, within 5 days thereafter, forward the same, together with a report of such conviction, to the Secretary. | |
(2) Whenever any person is convicted of any offense |
| under this Code or similar offenses under a municipal ordinance, other than regulations governing standing, parking or weights of vehicles, and excepting the following enumerated Sections of this Code: Sections 11‑1406 (obstruction to driver's view or control), 11‑1407 (improper opening of door into traffic), 11‑1410 (coasting on downgrade), 11‑1411 (following fire apparatus), 11‑1419.01 (Motor Fuel Tax I.D. Card), 12‑101 (driving vehicle which is in unsafe condition or improperly equipped), 12‑201(a) (daytime lights on motorcycles), 12‑202 (clearance, identification and side marker lamps), 12‑204 (lamp or flag on projecting load), 12‑205 (failure to display the safety lights required), 12‑401 (restrictions as to tire equipment), 12‑502 (mirrors), 12‑503 (windshields must be unobstructed and equipped with wipers), 12‑601 (horns and warning devices), 12‑602 (mufflers, prevention of noise or smoke), 12‑603 (seat safety belts), 12‑702 (certain vehicles to carry flares or other warning devices), 12‑703 (vehicles for oiling roads operated on highways), 12‑710 (splash guards and replacements), 13‑101 (safety tests), 15‑101 (size, weight and load), 15‑102 (width), 15‑103 (height), 15‑104 (name and address on second division vehicles), 15‑107 (length of vehicle), 15‑109.1 (cover or tarpaulin), 15‑111 (weights), 15‑112 (weights), 15‑301 (weights), 15‑316 (weights), 15‑318 (weights), and also excepting the following enumerated Sections of the Chicago Municipal Code: Sections 27‑245 (following fire apparatus), 27‑254 (obstruction of traffic), 27‑258 (driving vehicle which is in unsafe condition), 27‑259 (coasting on downgrade), 27‑264 (use of horns and signal devices), 27‑265 (obstruction to driver's view or driver mechanism), 27‑267 (dimming of headlights), 27‑268 (unattended motor vehicle), 27‑272 (illegal funeral procession), 27‑273 (funeral procession on boulevard), 27‑275 (driving freight hauling vehicles on boulevard), 27‑276 (stopping and standing of buses or taxicabs), 27‑277 (cruising of public passenger vehicles), 27‑305 (parallel parking), 27‑306 (diagonal parking), 27‑307 (parking not to obstruct traffic), 27‑308 (stopping, standing or parking regulated), 27‑311 (parking regulations), 27‑312 (parking regulations), 27‑313 (parking regulations), 27‑314 (parking regulations), 27‑315 (parking regulations), 27‑316 (parking regulations), 27‑317 (parking regulations), 27‑318 (parking regulations), 27‑319 (parking regulations), 27‑320 (parking regulations), 27‑321 (parking regulations), 27‑322 (parking regulations), 27‑324 (loading and unloading at an angle), 27‑333 (wheel and axle loads), 27‑334 (load restrictions in the downtown district), 27‑335 (load restrictions in residential areas), 27‑338 (width of vehicles), 27‑339 (height of vehicles), 27‑340 (length of vehicles), 27‑352 (reflectors on trailers), 27‑353 (mufflers), 27‑354 (display of plates), 27‑355 (display of city vehicle tax sticker), 27‑357 (identification of vehicles), 27‑358 (projecting of loads), and also excepting the following enumerated paragraphs of Section 2‑201 of the Rules and Regulations of the Illinois State Toll Highway Authority: (l) (driving unsafe vehicle on tollway), (m) (vehicles transporting dangerous cargo not properly indicated), it shall be the duty of the clerk of the court in which such conviction is had within 5 days thereafter to forward to the Secretary of State a report of the conviction and the court may recommend the suspension of the driver's license or permit of the person so convicted. | |
The reporting requirements of this subsection shall apply to all violations stated in paragraphs (1) and (2) of this subsection when the individual has been adjudicated under the Juvenile Court Act or the Juvenile Court Act of 1987. Such reporting requirements shall also apply to individuals adjudicated under the Juvenile Court Act or the Juvenile Court Act of 1987 who have committed a violation of Section 11‑501 of this Code, or similar provision of a local ordinance, or Section 9‑3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide. These reporting requirements also apply to individuals adjudicated under the Juvenile Court Act of 1987 based on any offense determined to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5‑710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The reporting requirements of this subsection shall also apply to a truant minor in need of supervision, an addicted minor, or a delinquent minor and whose driver's license and privilege to drive a motor vehicle has been ordered suspended for such times as determined by the Court, but only until he or she attains 18 years of age. It shall be the duty of the clerk of the court in which adjudication is had within 5 days thereafter to forward to the Secretary of State a report of the adjudication and the court order requiring the Secretary of State to suspend the minor's driver's license and driving privilege for such time as determined by the Court, but only until he or she attains the age of 18 years. All juvenile court dispositions reported to the Secretary of State under this provision shall be processed by the Secretary of State as if the cases had been adjudicated in traffic or criminal court. However, information reported relative to the offense of reckless homicide, or Section 11‑501 of this Code, or a similar provision of a local ordinance, shall be privileged and available only to the Secretary of State, courts, and police officers.
The reporting requirements of this subsection (a) |
| apply to all violations listed in paragraphs (1) and (2) of this subsection (a), excluding parking violations, when the driver holds a CDL, regardless of the type of vehicle in which the violation occurred, or when any driver committed the violation in a commercial motor vehicle as defined in Section 6‑500 of this Code. | |
(3) Whenever an order is entered vacating the |
| forfeiture of any bail, security or bond given to secure appearance for any offense under this Code or similar offenses under municipal ordinance, it shall be the duty of the clerk of the court in which such vacation was had or the judge of such court if such court has no clerk, within 5 days thereafter to forward to the Secretary of State a report of the vacation. | |
(4) A report of any disposition of court supervision |
| for a violation of Sections 6‑303, 11‑401, 11‑501 or a similar provision of a local ordinance, 11‑503, 11‑504, and 11‑506 shall be forwarded to the Secretary of State. A report of any disposition of court supervision for a violation of an offense defined as a serious traffic violation in this Code or a similar provision of a local ordinance committed by a person under the age of 21 years shall be forwarded to the Secretary of State. | |
(5) Reports of conviction under this Code and |
| sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium shall be forwarded to the Secretary of State via the Supreme Court in the form and format required by the Illinois Supreme Court and established by a written agreement between the Supreme Court and the Secretary of State. In counties with a population over 300,000, instead of forwarding reports to the Supreme Court, reports of conviction under this Code and sentencing hearings under the Juvenile Court Act of 1987 in an electronic format or a computer processible medium may be forwarded to the Secretary of State by the Circuit Court Clerk in a form and format required by the Secretary of State and established by written agreement between the Circuit Court Clerk and the Secretary of State. Failure to forward the reports of conviction or sentencing hearing under the Juvenile Court Act of 1987 as required by this Section shall be deemed an omission of duty and it shall be the duty of the several State's Attorneys to enforce the requirements of this Section. | |
(b) Whenever a restricted driving permit is forwarded to a court, as a result of confiscation by a police officer pursuant to the authority in Section 6‑113(f), it shall be the duty of the clerk, or judge, if the court has no clerk, to forward such restricted driving permit and a facsimile of the officer's citation to the Secretary of State as expeditiously as practicable.
(c) For the purposes of this Code, a forfeiture of bail or collateral deposited to secure a defendant's appearance in court when forfeiture has not been vacated, or the failure of a defendant to appear for trial after depositing his driver's license in lieu of other bail, shall be equivalent to a conviction.
(d) For the purpose of providing the Secretary of State with records necessary to properly monitor and assess driver performance and assist the courts in the proper disposition of repeat traffic law offenders, the clerk of the court shall forward to the Secretary of State, on a form prescribed by the Secretary, records of a driver's participation in a driver remedial or rehabilitative program which was required, through a court order or court supervision, in relation to the driver's arrest for a violation of Section 11‑501 of this Code or a similar provision of a local ordinance. The clerk of the court shall also forward to the Secretary, either on paper or in an electronic format or a computer processible medium as required under paragraph (5) of subsection (a) of this Section, any disposition of court supervision for any traffic violation, excluding those offenses listed in paragraph (2) of subsection (a) of this Section. These reports shall be sent within 5 days after disposition, or, if the driver is referred to a driver remedial or rehabilitative program, within 5 days of the driver's referral to that program. These reports received by the Secretary of State, including those required to be forwarded under paragraph (a)(4), shall be privileged information, available only (i) to the affected driver, (ii) to the parent or guardian of a person under the age of 18 years holding an instruction permit or a graduated driver's license, and (iii) for use by the courts, police officers, prosecuting authorities, the Secretary of State, and the driver licensing administrator of any other state. In accordance with 49 C.F.R. Part 384, all reports of court supervision, except violations related to parking, shall be forwarded to the Secretary of State for all holders of a CDL or any driver who commits an offense while driving a commercial motor vehicle. These reports shall be recorded to the driver's record as a conviction for use in the disqualification of the driver's commercial motor vehicle privileges and shall not be privileged information.
(Source: P.A. 94‑307, eff. 9‑30‑05; 94‑930, eff. 6‑26‑06; 95‑201, eff. 1‑1‑08; 95‑310, eff. 1‑1‑08; 95‑337, eff. 6‑1‑08; 95‑382, eff. 8‑23‑07; 95‑876, eff. 8‑21‑08.) |
(625 ILCS 5/6‑205) (from Ch. 95 1/2, par. 6‑205)
Sec. 6‑205. Mandatory revocation of license or permit; Hardship cases.
(a) Except as provided in this Section, the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver upon receiving a report of the driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of
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2. Violation of Section 11‑501 of this Code or a |
| similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof; | |
3. Any felony under the laws of any State or the |
| federal government in the commission of which a motor vehicle was used; | |
4. Violation of Section 11‑401 of this Code relating |
| to the offense of leaving the scene of a traffic accident involving death or personal injury; | |
5. Perjury or the making of a false affidavit or |
| statement under oath to the Secretary of State under this Code or under any other law relating to the ownership or operation of motor vehicles; | |
6. Conviction upon 3 charges of violation of Section |
| 11‑503 of this Code relating to the offense of reckless driving committed within a period of 12 months; | |
7. Conviction of any offense defined in Section |
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8. Violation of Section 11‑504 of this Code relating |
| to the offense of drag racing; | |
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12‑5 of the Criminal Code |
| of 1961 arising from the use of a motor vehicle; | |
11. Violation of Section 11‑204.1 of this Code |
| relating to aggravated fleeing or attempting to elude a peace officer; | |
12. Violation of paragraph (1) of subsection (b) of |
| Section 6‑507, or a similar law of any other state, relating to the unlawful operation of a commercial motor vehicle; | |
13. Violation of paragraph (a) of Section 11‑502 of |
| this Code or a similar provision of a local ordinance if the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense; | |
14. Violation of paragraph (a) of Section 11‑506 of |
| this Code or a similar provision of a local ordinance relating to the offense of street racing; | |
15. A second or subsequent conviction of driving |
| while the person's driver's license, permit or privileges was revoked for reckless homicide or a similar out‑of‑state offense. | |
(b) The Secretary of State shall also immediately revoke the license or permit of any driver in the following situations:
1. Of any minor upon receiving the notice provided |
| for in Section 5‑901 of the Juvenile Court Act of 1987 that the minor has been adjudicated under that Act as having committed an offense relating to motor vehicles prescribed in Section 4‑103 of this Code; | |
2. Of any person when any other law of this State |
| requires either the revocation or suspension of a license or permit; | |
3. Of any person adjudicated under the Juvenile |
| Court Act of 1987 based on an offense determined to have been committed in furtherance of the criminal activities of an organized gang as provided in Section 5‑710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The revocation shall remain in effect for the period determined by the court. Upon the direction of the court, the Secretary shall issue the person a judicial driving permit, also known as a JDP. The JDP shall be subject to the same terms as a JDP issued under Section 6‑206.1, except that the court may direct that a JDP issued under this subdivision (b)(3) be effective immediately. | |
(c)(1) Except as provided in subsection (c‑5), whenever a |
| person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner's residence and petitioner's place of employment or within the scope of the petitioner's employment related duties, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to a medical facility for the receipt of necessary medical care or to allow the petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow the petitioner to transport himself or herself or a family member of the petitioner's household to classes, as a student, at an accredited educational institution, or to allow the petitioner to transport children living in the petitioner's household to and from daycare; if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and that the petitioner will not endanger the public safety or welfare; provided that the Secretary's discretion shall be limited to cases where undue hardship, as defined by the rules of the Secretary of State, would result from a failure to issue the restricted driving permit. Those multiple offenders identified in subdivision (b)4 of Section 6‑208 of this Code, however, shall not be eligible for the issuance of a restricted driving permit. | |
(2) If a person's license or permit is revoked or |
| suspended due to 2 or more convictions of violating Section 11‑501 of this Code or a similar provision of a local ordinance or a similar out‑of‑state offense, or Section 9‑3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out‑of‑state offense, or a combination of these offenses, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1‑129.1. | |
(3) If:
(A) a person's license or permit is revoked or |
| suspended 2 or more times within a 10 year period due to any combination of: | |
(i) a single conviction of violating Section |
| 11‑501 of this Code or a similar provision of a local ordinance or a similar out‑of‑state offense, or Section 9‑3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out‑of‑state offense; or | |
(ii) a statutory summary suspension under |
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(iii) a suspension pursuant to Section |
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arising out of separate occurrences; or
(B) a person has been convicted of one violation |
| of Section 6‑303 of this Code committed while his or her driver's license, permit, or privilege was revoked because of a violation of Section 9‑3 of the Criminal Code of 1961, relating to the offense of reckless homicide where the use of alcohol or other drugs was recited as an element of the offense, or a similar provision of a law of another state; | |
that person, if issued a restricted driving permit, may |
| not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1‑129.1. | |
(4) The person issued a permit conditioned on the use |
| of an ignition interlock device must pay to the Secretary of State DUI Administration Fund an amount not to exceed $30 per month. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees. | |
(5) If the restricted driving permit is issued for |
| employment purposes, then the prohibition against operating a motor vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle owned or leased by that person's employer when used solely for employment purposes. | |
(6) In each case the Secretary of State may issue a |
| restricted driving permit for a period he deems appropriate, except that the permit shall expire within one year from the date of issuance. The Secretary may not, however, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11‑501 of this Code or a similar provision of a local ordinance or any similar out‑of‑state offense, or Section 9‑3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or any similar out‑of‑state offense, or any combination of these offenses, until the expiration of at least one year from the date of the revocation. A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the petitioner to participate in a designated driver remedial or rehabilitative program. The Secretary of State is authorized to cancel a restricted driving permit if the permit holder does not successfully complete the program. However, if an individual's driving privileges have been revoked in accordance with paragraph 13 of subsection (a) of this Section, no restricted driving permit shall be issued until the individual has served 6 months of the revocation period. | |
(c‑5) (Blank).
(c‑6) If a person is convicted of a second violation of operating a motor vehicle while the person's driver's license, permit or privilege was revoked, where the revocation was for a violation of Section 9‑3 of the Criminal Code of 1961 relating to the offense of reckless homicide or a similar out‑of‑state offense, the person's driving privileges shall be revoked pursuant to subdivision (a)(15) of this Section. The person may not make application for a license or permit until the expiration of five years from the effective date of the revocation or the expiration of five years from the date of release from a term of imprisonment, whichever is later.
(c‑7) If a person
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