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Illinois General Assembly - Full Text of HB4382

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HB4382 - 104th General Assembly

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HB4382 Engrossed
LRB104 16369 LNS 29756 b
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.

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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;

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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;

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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,

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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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

HB4382 Engrossed
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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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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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

HB4382 Engrossed
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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.

HB4382 Engrossed
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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
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1
Secretary of State prior to the date of suspension, the
2
privilege to drive any motor vehicle shall be suspended as set
3
forth in the notice that was mailed under this Section. If an
4
affidavit is received subsequent to the effective date of this
5
suspension, a permit may be issued for the remainder of the
6
suspension period.
7

The provisions of this subparagraph shall not apply to any
8
driver required to possess a CDL for the purpose of operating a
9
commercial motor vehicle.
10

Any person who falsely states any fact in the affidavit
11
required herein shall be guilty of perjury under Section 6-302
12
and upon conviction thereof shall have all driving privileges
13
revoked without further rights.
14

3. At the conclusion of a hearing under Section 2-118 of
15
this Code, the Secretary of State shall either rescind or
16
continue an order of revocation or shall substitute an order
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

HB4382 Engrossed
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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.

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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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,

HB4382 Engrossed
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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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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

HB4382 Engrossed
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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

HB4382 Engrossed
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LRB104 16369 LNS 29756 b
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;

HB4382 Engrossed
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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.

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