INTELL SPEED ASSIST PROGRAM

Illinois General Assembly - Full Text of HB4948

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HB4948 - 104th General Assembly

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HB4948 Enrolled
LRB104 18443 LNS 31885 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 5.
The State Finance Act is amended by adding
5
Sections 5.1038 and 5.1039 as follows:

6

(30 ILCS 105/5.1038 new)
7

Sec. 5.1038.
The Indigent Intelligent Speed Assistance
8
Device Fund.

9

(30 ILCS 105/5.1039 new)
10

Sec. 5.1039.
The Intelligent Speed Assistance Permit Fee
11
Fund.

12

Section 10.
The Illinois Vehicle Code is amended by
13
changing Section 6-208 and by adding Section 6-206.3 as
14
follows:

15

(625 ILCS 5/6-206.3 new)
16

Sec. 6-206.3.
Intelligent Speed Assistance Program;
17
Intelligent Speed Assistance Permit.

18

(a) The General Assembly finds that:
19

(1) speeding is a contributing factor in approximately
20

29% of all traffic fatalities in the United States,

HB4948 Enrolled
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1

resulting in over 12,000 deaths annually, as documented by
2

the National Highway Traffic Safety Administration;
3

(2) traditional enforcement methods, including fines,
4

license points, and suspensions, have proven insufficient
5

to deter the most dangerous repeat speeders;
6

(3) approximately 75% of drivers with suspended
7

licenses continue to drive, creating ongoing public safety
8

risks, as documented in research published by the National
9

Cooperative Highway Research Program;
10

(4) intelligent speed assistance technology provides a
11

proven, cost-effective alternative to license suspension
12

that maintains individual mobility while protecting public
13

safety;
14

(5) intelligent speed assistance technology has
15

demonstrated significant safety benefits in municipal
16

fleet pilot programs, including a 64% reduction in
17

speeding in New York City's program, as documented by the
18

New York City Department of Citywide Administrative
19

Services in partnership with the United States Department
20

of Transportation Volpe National Transportation Systems
21

Center; and
22

(6) interstate travel is common, and drivers subject
23

to intelligent speed assistance requirements in one
24

jurisdiction frequently operate vehicles in other
25

jurisdictions.
26

(b) The purposes of this Section are to:

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1

(1) establish a uniform Intelligent Speed Assistance
2

Program applicable to repeat and egregious speed
3

violators;
4

(2) provide an alternative to driver's license
5

suspension that maintains mobility while ensuring public
6

safety;
7

(3) create uniform violation standards and Program
8

requirements to ensure continuity when participants travel
9

or relocate between jurisdictions;
10

(4) establish clear lines of authority for Program
11

administration and enforcement;
12

(5) protect participant privacy while enabling
13

necessary data sharing for Program integrity;
14

(6) ensure Program sustainability through
15

participant-funded cost recovery;
16

(7) enable interstate reciprocity and data exchange;
17

and
18

(8) establish uniform penalties for tampering and
19

noncompliance.
20

(c) As used in this Section:
21

"Active intelligent speed assistance device" or
22
"intelligent speed assistance device" means an aftermarket
23
device that actively prevents a motor vehicle from exceeding
24
the applicable speed limit and does not interact with the
25
braking system and is installed in or integrated with a motor
26
vehicle that determines the applicable speed limit and

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1
prevents the vehicle from exceeding that limit, excluding
2
dynamic speed zones, using technology such as, but not limited
3
to, integrated location-based technology, digital mapping
4
data, or camera-based sign recognition. "Active intelligent
5
speed assistance device" or "intelligent speed assistance
6
device" includes all necessary components for installation,
7
operation, monitoring, and data transmission.
8

"Approved service provider" or "service provider" means a
9
person, firm, or business entity certified by the Secretary of
10
State to install, service, tune, monitor, and remove active
11
intelligent speed assistance devices in accordance with
12
standards established under this Section.
13

"Driver record" means the record maintained by the
14
Secretary of State or obtained from another jurisdiction
15
through the National Driver Register, the Commercial Driver
16
License Information System, or the State-to-State Verification
17
Service containing information about a person's driver
18
history, including convictions, restrictions, and suspensions.
19

"Dynamic speed zone" means an area where speed limits are
20
adjusted based upon certain conditions.
21

"Enrollment" means the date an intelligent speed
22
assistance device is installed after an Intelligent Speed
23
Assistance Permit is issued.
24

"Failure to maintain" means the participant's failure to
25
keep the active intelligent speed assistance device in proper
26
working order at all times, including, but not limited to, any

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1
loss of device power for 24 continuous hours or more or any
2
device lockout.
3

"Intelligent Speed Assistance Permit" or "Permit" means a
4
permit issued to a participant in the Intelligent Speed
5
Assistance Program that allows the participant to drive only
6
vehicles equipped with an active intelligent speed assistance
7
device.
8

"Intelligent Speed Assistance Program" or "Program" means
9
the Intelligent Speed Assistance Program established under
10
this Section.
11

"Participant" means a person who elects to install or is
12
required to install an active intelligent speed assistance
13
device upon suspension of the person's driver's license for
14
conviction of 2 qualifying offenses in a 12-month period and
15
who is restricted to operating only vehicles equipped with an
16
active intelligent speed assistance device under this Section.
17

"Participating jurisdiction" means any state, territory,
18
or the District of Columbia that has enacted substantially
19
similar legislation to this Section.
20

"Program violation" means tampering with, circumventing,
21
unauthorized removal of the device, or other activities as
22
defined by the Secretary of State.
23

"Qualifying offense" means a conviction of a violation of
24
Section 11-601.5 for driving 26 miles per hour or more in
25
excess of the applicable speed limit or a similar conviction
26
in another jurisdiction.

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1

"Tamper" means any act intended to disable, circumvent, or
2
interfere with the proper operation of an active intelligent
3
speed assistance device, including, but not limited to,
4
unauthorized removal, physically damaging the device,
5
disconnecting electrical connections, installing signal
6
jammers or GPS blockers, or altering or manipulating software.
7

"Tune" means the process by which the intelligent speed
8
assistance device acquires vehicle data necessary for proper
9
functionality.
10

(d) The Secretary of State shall administer the
11
Intelligent Speed Assistance Program and shall:
12

(1) establish a method for active intelligent speed
13

assistance device approval;
14

(2) approve service providers;
15

(3) maintain records of all Program participants;
16

(4) coordinate with courts and law enforcement
17

regarding participant enrollment and compliance;
18

(5) exchange participant data with other participating
19

jurisdictions; and
20

(6) establish procedures for Program requirements.
21

(e) The Secretary shall suspend the driver's license or
22
driving privileges of a driver who commits 2 qualifying
23
offenses within a 12-month period as follows:
24

(1) A 12-month suspension shall be entered by the
25

Secretary for a first suspension under this Section. The
26

Secretary shall notify the driver that if the driver

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1

enrolls in the Program and successfully drives on a Permit
2

for 6 months without a violation of the Program, the
3

suspension will terminate.
4

(2) The Secretary shall notify a driver whose license
5

or privileges are suspended for a second time under this
6

Section that the suspension shall remain in effect until
7

the driver enrolls in the Program and successfully drives
8

on a Permit for 12 months without a violation of the
9

Program.
10

(3) The Secretary shall notify a driver whose license
11

or privileges has been suspended for a third or subsequent
12

time under this Section that the suspension shall remain
13

in effect until the driver enrolls in the Program and
14

successfully drives on a Permit for 24 months without a
15

violation of the Program.
16

A driver who elects to participate in the Program shall
17
return the application to the Secretary. A driver who is
18
required to participate in the Program shall return the
19
application to the Secretary within 14 days of the effective
20
date of the suspension of the person's license or privileges.
21
A Permit shall not be issued if the Secretary finds that the
22
participant's driver's license is otherwise invalid or death
23
resulted from one of the qualifying offenses.
24

The participant shall have 14 days from the date the
25
Permit is issued to have an active intelligent speed
26
assistance device installed by an approved service provider.

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1
An approved service provider shall provide proof of
2
installation to the Secretary within 14 days in a manner and
3
form prescribed by the Secretary. If the Secretary does not
4
receive notice of installation, the Secretary shall cancel the
5
Permit.
6

A participant in the Program must pay the Secretary a
7
Permit administration fee in an amount not to exceed $30 per
8
month, to be deposited into the Intelligent Speed Assistance
9
Permit Fee Fund.
10

(f) A Permit shall be cancelled if the participant
11
uninstalls the active intelligent speed assistance device
12
without prior authorization from the Secretary.
13

(g) The Secretary shall record the following data to the
14
driver record:
15

(1) the participant's full name, date of birth, and
16

driver's license number;
17

(2) the participant's qualifying offenses;
18

(3) the participant's Program enrollment date; and
19

(4) the participant's Program completion date.
20

(h) A person issued a Permit may drive for any purpose and
21
at any time, subject to the rules adopted by the Secretary
22
under subsection (r). The person must, at his or her own
23
expense, drive only vehicles equipped with an active
24
intelligent speed assistance device, but in no event shall the
25
person drive a commercial motor vehicle.
26

(i) The Secretary shall recognize and enforce minimum

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1
enrollment periods imposed by a participating jurisdiction if
2
both states are participating jurisdictions.
3

(j) A participant who is issued a Permit and must drive
4
employer-owned vehicles in the course of the participant's
5
employment duties may seek permission to drive an
6
employer-owned vehicle that does not have an active
7
intelligent speed assistance device. The employer shall
8
provide to the Secretary a form, as prescribed by the
9
Secretary, completed by the employer verifying that the
10
employee must drive an employer-owned vehicle in the course of
11
employment. If approved by the Secretary, the form must be in
12
the participant's possession while operating an employer-owned
13
vehicle not equipped with an active intelligent speed
14
assistance device.
15

This exemption does not apply to a participant to allow
16
the participant:
17

(1) to drive a school bus, school vehicle, a vehicle
18

designed to transport more than 15 passengers, or a
19

commercial motor vehicle;
20

(2) to drive an employer-owned motor vehicle that is
21

owned by an entity that is wholly or partially owned by the
22

participant or by a family member of the participant;
23

(3) to drive an employer-owned vehicle that is made
24

available to the participant for personal use; or
25

(4) to drive an exempted vehicle for more than 12
26

hours per day, 6 days per week.

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1

(k) The Indigent Intelligent Speed Assistance Device Fund
2
is created as a special fund in the State treasury. If the
3
Secretary determines that a participant is indigent, the
4
Secretary shall provide the participant with a written
5
document as evidence of that determination, and the
6
participant shall provide that written document to an approved
7
service provider. The service provider shall install an active
8
intelligent speed assistance device on the participant's
9
vehicle without charge to the participant, and seek
10
reimbursement from the Indigent Intelligent Speed Assistance
11
Device Fund.
12

If the Secretary has deemed a participant indigent, the
13
service provider shall also provide the normal monthly
14
monitoring services and the uninstallation without charge to
15
the participant and seek reimbursement from the Indigent
16
Intelligent Speed Assistance Device Fund. Any other monetary
17
charges shall be the responsibility of the participant. A
18
service provider may not seek a security deposit from the
19
Indigent Intelligent Speed Assistance Device Fund.
20

(l) A service provider shall, for each active intelligent
21
speed assistance device, pay 5% of the total gross revenue
22
received for the intelligent speed assistance device,
23
including monthly monitoring fees, into the Indigent
24
Intelligent Speed Assistance Device Fund. This 5% shall be
25
clearly indicated as a separate surcharge on each invoice that
26
is issued. The Secretary shall conduct an annual review of the

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1
Indigent Intelligent Speed Assistance Device Fund to determine
2
whether the surcharge is sufficient to provide for indigent
3
participants. The Secretary may increase or decrease this
4
surcharge requirement as needed. The Secretary shall, subject
5
to appropriation by the General Assembly, use all money in the
6
Indigent Intelligent Speed Assistance Device Fund to reimburse
7
service providers who have installed devices in vehicles of
8
indigent participants. The Secretary shall make payments to
9
the service providers every 3 months. If the amount of money in
10
the Indigent Intelligent Speed Assistance Device Fund at the
11
time payments are made is not sufficient to pay all requests
12
for reimbursement submitted during that 3-month period, the
13
Secretary shall make payments on a pro rata basis, and those
14
payments shall be considered payment in full for the requests
15
submitted. If the amount of money in the Indigent Intelligent
16
Speed Assistance Device Fund exceeds the amount necessary to
17
pay all requests for reimbursement during that 3-month period,
18
the excess amount shall remain in the Indigent Intelligent
19
Speed Assistance Device Fund. At the end of the fiscal year,
20
the excess amount shall be transferred to the Intelligent
21
Speed Assistance Permit Fee Fund.
22

(m) Upon making a determination that a violation of the
23
requirements of the Program has occurred, the Secretary shall,
24
if the participant's driver's license is suspended, extend the
25
participant's enrollment in the Program for 90 days. If the
26
driver's license suspension has already terminated prior to

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1
the Secretary receiving the monitoring report that shows a
2
violation of the Program, the Secretary is authorized to
3
suspend the person's driving privileges for 90 days.
4

(n) If a person subject to intelligent speed assistance
5
program requirements in another participating jurisdiction
6
establishes legal residence in this State:
7

(1) the person shall be deemed a participant in this
8

State's Program;
9

(2) the person shall comply with all requirements of
10

this Section as if originally enrolled in this State's
11

Program;
12

(3) the remaining duration of the person's enrollment
13

period shall continue uninterrupted;
14

(4) the person shall notify the Secretary of the
15

person's participating jurisdiction intelligent speed
16

assistance program status as part of establishing
17

residence;
18

(5) the Secretary shall assume administrative
19

responsibility for the participant;
20

(6) the enrollment period and all Program requirements
21

shall continue without interruption;
22

(7) the participant shall verify that the
23

participant's active intelligent speed assistance device
24

meets this State's requirements within 30 days or install
25

a compliant intelligent speed assistance device; and
26

(8) the Secretary shall issue a Permit with an S

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1

license restriction code to the Program participant.
2

(o) If a participant relocates to a nonparticipating
3
jurisdiction and establishes residency:
4

(1) for a driver who is not required to participate in
5

the Program, the Secretary shall immediately cancel the
6

participant's Permit and the participant shall be required
7

to serve the remainder of the 12-month suspension imposed
8

under subsection (e);
9

(2) for a driver who is required to participate in the
10

Program, the Secretary shall immediately cancel the
11

participant's Permit, the suspension imposed under
12

subsection (e) shall terminate, and the Secretary shall
13

impose a suspension for the period during which the driver
14

is required to use an active intelligent speed assistance
15

device.
16

A participant shall be given credit for any time served on
17
the suspension imposed under subsection (e) prior to the
18
cancellation of the Permit.
19

(p) Participating jurisdictions shall exchange the
20
following information about participants:
21

(1) the full name, date of birth, and driver's license
22

number;
23

(2) the qualifying offenses and conviction dates;
24

(3) Program enrollment date and scheduled completion
25

date;
26

(4) the number of qualifying offenses;

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1

(5) the history of Program enrollment; and
2

(6) Program violations.
3

All interstate data exchanges shall use secure
4
transmission protocols, comply with all applicable federal and
5
State privacy laws, and be limited to information necessary
6
for Program administration and public safety.
7

(q) Service providers shall only collect the following
8
data:
9

(1) the participating driver's full name and driver's
10

license number;
11

(2) the intelligent speed assistance device
12

identification number;
13

(3) the vehicle identification number;
14

(4) the date, time, and duration of vehicle operation;
15

(5) the posted speed limit at the vehicle's location;
16

(6) the vehicle speed;
17

(7) any override events, including the date, time, and
18

duration;
19

(8) any tampering attempts or device malfunctions; and
20

(9) location coordinates, which shall be retained only
21

for compliance verification, not for general location
22

tracking.
23

A service provider shall retain Program participation data
24
specified in paragraphs (1) through (3) for the duration of
25
Program participation or any period as defined by the
26
Secretary and in compliance with State laws and rules. A

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1
service provider shall retain Program participation data
2
specified in paragraphs (4) through (9) for 30 days from the
3
date the data was collected or any period as defined by the
4
Secretary and in compliance with State laws and rules and must
5
securely delete or dispose of the data upon expiration of the
6
30-day period. Except as necessary to administer the Program,
7
which includes providing Program participation data specified
8
in paragraphs (1) through (9) of this subsection to the
9
Secretary, a service provider in possession of Program
10
participation data specified in paragraphs (1) through (9)
11
shall not otherwise disclose, sell, share, allow access to, or
12
otherwise disseminate the data.
13

(r) The Secretary may adopt rules necessary to implement
14
the Program, in consultation with the Illinois State Police,
15
including, but not limited to:
16

(1) specifications and technical standards for active
17

intelligent speed assistance devices, including minimum
18

intelligent speed assistance device capabilities,
19

including the speed the vehicle is limited to relative to
20

the speed limit and law enforcement verification
21

protocols;
22

(2) standards and procedures for approved service
23

providers;
24

(3) active intelligent speed assistance device
25

installation, transfer, inspection, including inspection
26

by law enforcement, or removal;

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1

(4) data security, retention, and privacy protocols;
2

(5) procedures for interstate data exchange;
3

(6) indigent qualifications;
4

(7) compliance monitoring and violation reporting;
5

(8) what constitutes a violation of the Program; and
6

(9) procedures for the Secretary to provide
7

Intelligent Speed Assistance data to law enforcement when
8

the Intelligent Speed Assistance Permit holder is involved
9

in a traffic crash while operating a motor vehicle
10

equipped with an Intelligent Speed Assistance device.
11

(s) The Intelligent Speed Assistance Permit Fee Fund is
12
created as a special fund in the State treasury. The Secretary
13
shall, subject to appropriation by the General Assembly, use
14
the money paid into the Intelligent Speed Assistance Permit
15
Fee Fund to offset its administrative costs for administering
16
Intelligent Speed Assistance Permits.
17

(t) It is unlawful for any person whose driving privilege
18
is restricted by being prohibited from operating a motor
19
vehicle not equipped with an intelligent speed assistance
20
device to operate a motor vehicle not equipped with an
21
intelligent speed assistance device.
22

(u) It is unlawful to tamper with or circumvent an
23
intelligent speed assistance device.
24

(v) A person convicted of violation of subsection (t) or
25
(u) is guilty of a Class A misdemeanor.

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1

(625 ILCS 5/6-208)

(from Ch. 95 1/2, par. 6-208)
2

Sec. 6-208.
Period of suspension - application after
3
revocation.
4

(a) Except as otherwise provided by this Code or any other
5
law of this State, the Secretary of State shall not suspend a
6
driver's license, permit, or privilege to drive a motor
7
vehicle on the highways for a period of more than one year.
8

(b) Any person whose license, permit, or privilege to
9
drive a motor vehicle on the highways has been revoked shall
10
not be entitled to have such license, permit, or privilege
11
renewed or restored. However, such person may, except as
12
provided under subsections (d) and (d-5) of Section 6-205,
13
make application for a license pursuant to Section 6-106 (i)
14
if the revocation was for a cause that has been removed or (ii)
15
as provided in the following subparagraphs:
16

1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
17

4, and 5, the person may make application for a license (A)
18

after the expiration of one year from the effective date
19

of the revocation, (B) in the case of a violation of
20

paragraph (b) of Section 11-401 of this Code or a similar
21

provision of a local ordinance, after the expiration of 3
22

years from the effective date of the revocation, or (C) in
23

the case of a violation of Section 9-3 of the Criminal Code
24

of 1961 or the Criminal Code of 2012 or a similar provision
25

of a law of another state relating to the offense of
26

reckless homicide or a violation of subparagraph (F) of

HB4948 Enrolled
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LRB104 18443 LNS 31885 b
1

paragraph 1 of subsection (d) of Section 11-501 of this
2

Code relating to aggravated driving under the influence of
3

alcohol, other drug or drugs, intoxicating compound or
4

compounds, or any combination thereof, if the violation
5

was the proximate cause of a death, after the expiration
6

of 2 years from the effective date of the revocation or
7

after the expiration of 24 months from the date of release
8

from a period of imprisonment as provided in Section 6-103
9

of this Code, whichever is later.
10

1.3. If the person is convicted of a second or
11

subsequent violation of Section 11-501 of this Code or a
12

similar provision of a local ordinance or a similar
13

out-of-state offense, or Section 9-3 of the Criminal Code
14

of 1961 or the Criminal Code of 2012, in which the use of
15

alcohol or other drugs is recited as an element of the
16

offense, or a similar out-of-state offense, or a
17

combination of these offenses, arising out of separate
18

occurrences, that person may not make application for a
19

driver's license until:
20

(A) the person has first been issued a restricted
21

driving permit by the Secretary of State; and
22

(B) the expiration of a continuous period of not
23

less than 5 years following the issuance of the
24

restricted driving permit during which the person's
25

restricted driving permit is not suspended, cancelled,
26

or revoked for a violation of any provision of law, or

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any rule or regulation of the Secretary of State
2

relating to the required use of an ignition interlock
3

device.
4

1.5. If the person is convicted of a violation of
5

Section 6-303 of this Code committed while his or her
6

driver's license, permit, or privilege was revoked because
7

of a violation of Section 9-3 of the Criminal Code of 1961
8

or the Criminal Code of 2012, relating to the offense of
9

reckless homicide, or a similar provision of a law of
10

another state, the person may not make application for a
11

license or permit until the expiration of 3 years from the
12

date of the conviction.
13

2. If such person is convicted of committing a second
14

violation within a 20-year period of:
15

(A) Section 11-501 of this Code or a similar
16

provision of a local ordinance;
17

(B) Paragraph (b) of Section 11-401 of this Code
18

or a similar provision of a local ordinance;
19

(C) Section 9-3 of the Criminal Code of 1961 or the
20

Criminal Code of 2012, relating to the offense of
21

reckless homicide; or
22

(D) any combination of the above offenses
23

committed at different instances;
24

then such person may not make application for a license
25

until after the expiration of 5 years from the effective
26

date of the most recent revocation. The 20-year period

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1

shall be computed by using the dates the offenses were
2

committed and shall also include similar out-of-state
3

offenses and similar offenses committed on a military
4

installation.
5

2.5. If a person is convicted of a second violation of
6

Section 6-303 of this Code committed while the person's
7

driver's license, permit, or privilege was revoked because
8

of a violation of Section 9-3 of the Criminal Code of 1961
9

or the Criminal Code of 2012, relating to the offense of
10

reckless homicide, or a similar provision of a law of
11

another state, the person may not make application for a
12

license or permit until the expiration of 5 years from the
13

date of release from a term of imprisonment.
14

3. However, except as provided in subparagraph 4, if
15

such person is convicted of committing a third violation
16

or any combination of the above offenses, including
17

similar out-of-state offenses and similar offenses
18

committed on a military installation, contained in
19

subparagraph 2, then such person may not make application
20

for a license until after the expiration of 10 years from
21

the effective date of the most recent revocation.
22

4. Except as provided in paragraph (1.5) of subsection
23

(c) of Section 6-205 and subparagraph (F) of paragraph 3
24

of subsection (c) of Section 6-206 of this Code, the
25

person may not make application for a license if the
26

person is convicted of committing a fourth or subsequent

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1

violation of Section 11-501 of this Code or a similar
2

provision of a local ordinance, Section 11-401 of this
3

Code, Section 9-3 of the Criminal Code of 1961 or the
4

Criminal Code of 2012, or a combination of these offenses,
5

similar provisions of local ordinances, similar
6

out-of-state offenses, or similar offenses committed on a
7

military installation.
8

4.5. A bona fide resident of a foreign jurisdiction
9

who is subject to the provisions of subparagraph 4 of this
10

subsection (b) may make application for termination of the
11

revocation after a period of 10 years from the effective
12

date of the most recent revocation. However, if a person
13

who has been granted a termination of revocation under
14

this subparagraph 4.5 subsequently becomes a resident of
15

this State, the revocation shall be reinstated and the
16

person shall be subject to the provisions of subparagraph
17

4.
18

5. The person may not make application for a license
19

or permit if the person is convicted of a third or
20

subsequent violation of Section 6-303 of this Code
21

committed while his or her driver's license, permit, or
22

privilege was revoked because of a violation of Section
23

9-3 of the Criminal Code of 1961 or the Criminal Code of
24

2012, relating to the offense of reckless homicide, or a
25

similar provision of a law of another state.
26

6. If the person's driving privilege is revoked under

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1

paragraph (16) of subsection (a) of Section 6-205 where
2

the driver was convicted of a violation of Section
3

11-601.5, that person may not make application for a
4

driver's license until the person has first been issued a
5

restricted driving permit requiring the use of an
6

intelligent speed assistance device by the Secretary of
7

State and (i) if the person has not previously been
8

enrolled in the Intelligent Speed Assistance Program, the
9

expiration of not less than 365 days following the
10

issuance of a restricted driving permit requiring the use
11

of an intelligent speed assistance device during which the
12

person's restricted driving permit is not suspended,
13

cancelled, or revoked for a violation of a provision of
14

law or rule of the Secretary of State, including, but not
15

limited to, a violation of the intelligent speed
16

assistance device, (ii) if the person has previously been
17

enrolled in the Intelligent Speed Assistance Program one
18

time, the expiration of not less than 730 days following
19

the issuance of a restricted driving permit requiring the
20

use of an intelligent speed assistance device during which
21

the person's restricted driving permit is not suspended,
22

cancelled, or revoked for a violation of a provision of
23

law or rule of the Secretary of State, including, but not
24

limited to, a violation of the intelligent speed
25

assistance device, or (iii) if the person has previously
26

been enrolled in the Intelligent Speed Assistance Program

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2 or more times, the expiration of 1,095 days following
2

the issuance of a restricted driving permit requiring the
3

use of an intelligent speed assistance device during which
4

the person's restricted driving permit is not suspended,
5

cancelled, or revoked for a violation of a provision of
6

law or rule of the Secretary of State, including, but not
7

limited to, a violation of the intelligent speed
8

assistance device.
9

Notwithstanding any other provision of this Code, all
10
persons referred to in this paragraph (b) may not have their
11
privileges restored until the Secretary receives payment of
12
the required reinstatement fee pursuant to subsection (b) of
13
Section 6-118.
14

In no event shall the Secretary issue such license unless
15
and until such person has had a hearing pursuant to this Code
16
and the appropriate administrative rules and the Secretary is
17
satisfied, after a review or investigation of such person,
18
that to grant the privilege of driving a motor vehicle on the
19
highways will not endanger the public safety or welfare.
20

(c) (Blank).
21
(Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16;
22
99-642, eff. 7-28-16.)

23

Section 99.
Effective date.
This Act takes effect January
24
1, 2028.

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This site is maintained for the Illinois General Assembly by the
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|
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