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Full Text of SB3164

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SB3164 - 104th General Assembly

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Senate Amendment 001

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Senate Amendment 001

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SB3164 Enrolled
LRB104 18718 LNS 32161 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 Illinois Vehicle Code is amended by
5
changing Sections 6-206, 11-208.7, 11-306, 11-804, 11-904,
6
11-907, 11-1204, 11-1403.2, and 12-201 as follows:

7

(625 ILCS 5/6-206)
8

(Text of Section before amendment by P.A. 104-400
)
9

Sec. 6-206.
Discretionary authority to suspend or revoke
10
license or permit; right to a hearing.
11

(a) The Secretary of State is authorized to suspend or
12
revoke the driving privileges of any person without
13
preliminary hearing upon a showing of the person's records or
14
other sufficient evidence that the person:
15

1. Has committed an offense for which mandatory
16

revocation of a driver's license or permit is required
17

upon conviction;
18

2. Has been convicted of not less than 3 offenses
19

against traffic regulations governing the movement of
20

vehicles committed within any 12-month period. No
21

revocation or suspension shall be entered more than 6
22

months after the date of last conviction;
23

3. Has been repeatedly involved as a driver in motor

SB3164 Enrolled
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1

vehicle collisions or has been repeatedly convicted of
2

offenses against laws and ordinances regulating the
3

movement of traffic, to a degree that indicates lack of
4

ability to exercise ordinary and reasonable care in the
5

safe operation of a motor vehicle or disrespect for the
6

traffic laws and the safety of other persons upon the
7

highway;
8

4. Has by the unlawful operation of a motor vehicle
9

caused or contributed to a crash resulting in injury
10

requiring immediate professional treatment in a medical
11

facility or doctor's office to any person, except that any
12

suspension or revocation imposed by the Secretary of State
13

under the provisions of this subsection shall start no
14

later than 6 months after being convicted of violating a
15

law or ordinance regulating the movement of traffic, which
16

violation is related to the crash, or shall start not more
17

than one year after the date of the crash, whichever date
18

occurs later;
19

5. Has permitted an unlawful or fraudulent use of a
20

driver's license, identification card, or permit;
21

6. Has been lawfully convicted of an offense or
22

offenses in another state, including the authorization
23

contained in Section 6-203.1, which if committed within
24

this State would be grounds for suspension or revocation;
25

7. Has refused or failed to submit to an examination
26

provided for by Section 6-207 or has failed to pass the

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1

examination;
2

8. Is ineligible for a driver's license or permit
3

under the provisions of Section 6-103;
4

9. Has made a false statement or knowingly concealed a
5

material fact or has used false information or
6

identification in any application for a license,
7

identification card, or permit;
8

10. Has possessed, displayed, or attempted to
9

fraudulently use any license, identification card, or
10

permit not issued to the person;
11

11. Has operated a motor vehicle upon a highway of
12

this State when the person's driving privilege or
13

privilege to obtain a driver's license or permit was
14

revoked or suspended unless the operation was authorized
15

by a monitoring device driving permit, judicial driving
16

permit issued prior to January 1, 2009, probationary
17

license to drive, or restricted driving permit issued
18

under this Code;
19

12. Has submitted to any portion of the application
20

process for another person or has obtained the services of
21

another person to submit to any portion of the application
22

process for the purpose of obtaining a license,
23

identification card, or permit for some other person;
24

13. Has operated a motor vehicle upon a highway of
25

this State when the person's driver's license or permit
26

was invalid under the provisions of Sections 6-107.1 and

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1

6-110;
2

14. Has committed a violation of Section 6-301,
3

6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
4

14B of the Illinois Identification Card Act or a similar
5

offense in another state if, at the time of the offense,
6

the person held an Illinois driver's license or
7

identification card;
8

15. Has been convicted of violating Section 21-2 of
9

the Criminal Code of 1961 or the Criminal Code of 2012
10

relating to criminal trespass to vehicles if the person
11

exercised actual physical control over the vehicle during
12

the commission of the offense, in which case the
13

suspension shall be for one year;
14

16. Has been convicted of violating Section 11-204 of
15

this Code relating to fleeing from a peace officer;
16

17. Has refused to submit to a test, or tests, as
17

required under Section 11-501.1 of this Code and the
18

person has not sought a hearing as provided for in Section
19

11-501.1;
20

18. (Blank);
21

19. Has committed a violation of paragraph (a) or (b)
22

of Section 6-101 relating to driving without a driver's
23

license;
24

20. Has been convicted of violating Section 6-104
25

relating to classification of driver's license;
26

21. Has been convicted of violating Section 11-402 of

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1

this Code relating to leaving the scene of a crash
2

resulting in damage to a vehicle in excess of $1,000, in
3

which case the suspension shall be for one year;
4

22. Has used a motor vehicle in violating paragraph
5

(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
6

the Criminal Code of 1961 or the Criminal Code of 2012
7

relating to unlawful possession of weapons, in which case
8

the suspension shall be for one year;
9

23. Has, as a driver, been convicted of committing a
10

violation of paragraph (a) of Section 11-502 of this Code
11

for a second or subsequent time within one year of a
12

similar violation;
13

24. Has been convicted by a court-martial or punished
14

by non-judicial punishment by military authorities of the
15

United States at a military installation in Illinois or in
16

another state of or for a traffic-related offense that is
17

the same as or similar to an offense specified under
18

Section 6-205 or 6-206 of this Code;
19

25. Has permitted any form of identification to be
20

used by another in the application process in order to
21

obtain or attempt to obtain a license, identification
22

card, or permit;
23

26. Has altered or attempted to alter a license or has
24

possessed an altered license, identification card, or
25

permit;
26

27. (Blank);

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1

28. Has been convicted for a first time of the illegal
2

possession, while operating or in actual physical control,
3

as a driver, of a motor vehicle, of any controlled
4

substance prohibited under the Illinois Controlled
5

Substances Act, any cannabis prohibited under the Cannabis
6

Control Act, or any methamphetamine prohibited under the
7

Methamphetamine Control and Community Protection Act, in
8

which case the person's driving privileges shall be
9

suspended for one year. Any defendant found guilty of this
10

offense while operating a motor vehicle shall have an
11

entry made in the court record by the presiding judge that
12

this offense did occur while the defendant was operating a
13

motor vehicle and order the clerk of the court to report
14

the violation to the Secretary of State;
15

29. Has been convicted of the following offenses that
16

were committed while the person was operating or in actual
17

physical control, as a driver, of a motor vehicle:
18

criminal sexual assault, predatory criminal sexual assault
19

of a child, aggravated criminal sexual assault, criminal
20

sexual abuse, aggravated criminal sexual abuse, juvenile
21

pimping, soliciting for a sexually exploited child,
22

promoting commercial sexual exploitation of a child as
23

described in subdivision (a)(1), (a)(2), or (a)(3) of
24

Section 11-14.4 of the Criminal Code of 1961 or the
25

Criminal Code of 2012, and the manufacture, sale or
26

delivery of controlled substances or instruments used for

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1

illegal drug use or abuse in which case the driver's
2

driving privileges shall be suspended for one year;
3

30. Has been convicted a second or subsequent time for
4

any combination of the offenses named in paragraph 29 of
5

this subsection, in which case the person's driving
6

privileges shall be suspended for 5 years;
7

31. Has refused to submit to a test as required by
8

Section 11-501.6 of this Code or Section 5-16c of the Boat
9

Registration and Safety Act or has submitted to a test
10

resulting in an alcohol concentration of 0.08 or more or
11

any amount of a drug, substance, or compound resulting
12

from the unlawful use or consumption of cannabis as listed
13

in the Cannabis Control Act, a controlled substance as
14

listed in the Illinois Controlled Substances Act, an
15

intoxicating compound as listed in the Use of Intoxicating
16

Compounds Act, or methamphetamine as listed in the
17

Methamphetamine Control and Community Protection Act, in
18

which case the penalty shall be as prescribed in Section
19

6-208.1;
20

32. Has been convicted of Section 24-1.2 of the
21

Criminal Code of 1961 or the Criminal Code of 2012
22

relating to the aggravated discharge of a firearm if the
23

offender was located in a motor vehicle at the time the
24

firearm was discharged, in which case the suspension shall
25

be for 3 years;
26

33. Has as a driver, who was less than 21 years of age

SB3164 Enrolled
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1

on the date of the offense, been convicted a first time of
2

a violation of paragraph (a) of Section 11-502 of this
3

Code or a similar provision of a local ordinance;
4

34. Has committed a violation of Section 11-1301.5 of
5

this Code or a similar provision of a local ordinance;
6

35. Has committed a violation of Section 11-1301.6 of
7

this Code or a similar provision of a local ordinance;
8

36. Is under the age of 21 years at the time of arrest
9

and has been convicted of not less than 2 offenses against
10

traffic regulations governing the movement of vehicles
11

committed within any 24-month period. No revocation or
12

suspension shall be entered more than 6 months after the
13

date of last conviction;
14

37. Has committed a violation of subsection (c) of
15

Section 11-907 of this Code that resulted in damage to the
16

property of another or the death or injury of another;
17

38. Has been convicted of a violation of Section 6-20
18

of the Liquor Control Act of 1934 or a similar provision of
19

a local ordinance and the person was an occupant of a motor
20

vehicle at the time of the violation;
21

39. Has committed a second or subsequent violation of
22

Section 11-1201 of this Code;
23

40. Has committed a violation of subsection (a-1) of
24

Section 11-908 of this Code;
25

41. Has committed a second or subsequent violation of
26

Section 11-605.1 of this Code, a similar provision of a

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LRB104 18718 LNS 32161 b
1

local ordinance, or a similar violation in any other state
2

within 2 years of the date of the previous violation, in
3

which case the suspension shall be for 90 days;
4

42. Has committed a violation of subsection (a-1) of
5

Section 11-1301.3 of this Code or a similar provision of a
6

local ordinance;
7

43. Has received a disposition of court supervision
8

for a violation of subsection (a), (d), or (e) of Section
9

6-20 of the Liquor Control Act of 1934 or a similar
10

provision of a local ordinance and the person was an
11

occupant of a motor vehicle at the time of the violation,
12

in which case the suspension shall be for a period of 3
13

months;
14

44. Is under the age of 21 years at the time of arrest
15

and has been convicted of an offense against traffic
16

regulations governing the movement of vehicles after
17

having previously had his or her driving privileges
18

suspended or revoked pursuant to subparagraph 36 of this
19

Section;
20

45. Has, in connection with or during the course of a
21

formal hearing conducted under Section 2-118 of this Code:
22

(i) committed perjury; (ii) submitted fraudulent or
23

falsified documents; (iii) submitted documents that have
24

been materially altered; or (iv) submitted, as his or her
25

own, documents that were in fact prepared or composed for
26

another person;

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1

46. Has committed a violation of subsection (j) of
2

Section 3-413 of this Code;
3

47. Has committed a violation of subsection (a) of
4

Section 11-502.1 of this Code;
5

48. Has submitted a falsified or altered medical
6

examiner's certificate to the Secretary of State or
7

provided false information to obtain a medical examiner's
8

certificate;
9

49. Has been convicted of a violation of Section
10

11-1002 or 11-1002.5 that resulted in a Type A injury to
11

another, in which case the driving privileges of the
12

person shall be suspended for 12 months;
13

50. Has committed a violation of subsection (b-5) of
14

Section 12-610.2 that resulted in great bodily harm,
15

permanent disability, or disfigurement, in which case the
16

driving privileges of the person shall be suspended for 12
17

months;
18

51. Has committed a violation of Section 10-15 Of the
19

Cannabis Regulation and Tax Act or a similar provision of
20

a local ordinance while in a motor vehicle; or
21

52. Has committed a violation of subsection (b) of
22

Section 10-20 of the Cannabis Regulation and Tax Act or a
23

similar provision of a local ordinance.
24

For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
25
and 27 of this subsection, license means any driver's license,
26
any traffic ticket issued when the person's driver's license

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1
is deposited in lieu of bail, a suspension notice issued by the
2
Secretary of State, a duplicate or corrected driver's license,
3
a probationary driver's license, or a temporary driver's
4
license.
5

(b) If any conviction forming the basis of a suspension or
6
revocation authorized under this Section is appealed, the
7
Secretary of State may rescind or withhold the entry of the
8
order of suspension or revocation, as the case may be,
9
provided that a certified copy of a stay order of a court is
10
filed with the Secretary of State. If the conviction is
11
affirmed on appeal, the date of the conviction shall relate
12
back to the time the original judgment of conviction was
13
entered and the 6-month limitation prescribed shall not apply.

14

(c) 1. Upon suspending or revoking the driver's license or
15
permit of any person as authorized in this Section, the
16
Secretary of State shall immediately notify the person in
17
writing of the revocation or suspension. The notice to be
18
deposited in the United States mail, postage prepaid, to the
19
last known address of the person.
20

2. If the Secretary of State suspends the driver's license
21
of a person under subsection 2 of paragraph (a) of this
22
Section, a person's privilege to operate a vehicle as an
23
occupation shall not be suspended, provided an affidavit is
24
properly completed, the appropriate fee received, and a permit
25
issued prior to the effective date of the suspension, unless 5
26
offenses were committed, at least 2 of which occurred while

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1
operating a commercial vehicle in connection with the driver's
2
regular occupation. All other driving privileges shall be
3
suspended by the Secretary of State. Any driver prior to
4
operating a vehicle for occupational purposes only must submit
5
the affidavit on forms to be provided by the Secretary of State
6
setting forth the facts of the person's occupation. The
7
affidavit shall also state the number of offenses committed
8
while operating a vehicle in connection with the driver's
9
regular occupation. The affidavit shall be accompanied by the
10
driver's license. Upon receipt of a properly completed
11
affidavit, the Secretary of State shall issue the driver a
12
permit to operate a vehicle in connection with the driver's
13
regular occupation only. Unless the permit is issued by the
14
Secretary of State prior to the date of suspension, the
15
privilege to drive any motor vehicle shall be suspended as set
16
forth in the notice that was mailed under this Section. If an
17
affidavit is received subsequent to the effective date of this
18
suspension, a permit may be issued for the remainder of the
19
suspension period.
20

The provisions of this subparagraph shall not apply to any
21
driver required to possess a CDL for the purpose of operating a
22
commercial motor vehicle.
23

Any person who falsely states any fact in the affidavit
24
required herein shall be guilty of perjury under Section 6-302
25
and upon conviction thereof shall have all driving privileges
26
revoked without further rights.

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1

3. At the conclusion of a hearing under Section 2-118 of
2
this Code, the Secretary of State shall either rescind or
3
continue an order of revocation or shall substitute an order
4
of suspension; or, good cause appearing therefor, rescind,
5
continue, change, or extend the order of suspension. If the
6
Secretary of State does not rescind the order, the Secretary
7
may upon application, to relieve undue hardship (as defined by
8
the rules of the Secretary of State), issue a restricted
9
driving permit granting the privilege of driving a motor
10
vehicle between the petitioner's residence and petitioner's
11
place of employment or within the scope of the petitioner's
12
employment-related duties, or to allow the petitioner to
13
transport himself or herself, or a family member of the
14
petitioner's household to a medical facility, to receive
15
necessary medical care, to allow the petitioner to transport
16
himself or herself to and from alcohol or drug remedial or
17
rehabilitative activity recommended by a licensed service
18
provider, or to allow the petitioner to transport himself or
19
herself or a family member of the petitioner's household to
20
classes, as a student, at an accredited educational
21
institution, or to allow the petitioner to transport children,
22
elderly persons, or persons with disabilities who do not hold
23
driving privileges and are living in the petitioner's
24
household to and from daycare. The petitioner must demonstrate
25
that no alternative means of transportation is reasonably
26
available and that the petitioner will not endanger the public

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1
safety or welfare.
2

(A) If a person's license or permit is revoked or
3

suspended due to 2 or more convictions of violating
4

Section 11-501 of this Code or a similar provision of a
5

local ordinance or a similar out-of-state offense, or
6

Section 9-3 of the Criminal Code of 1961 or the Criminal
7

Code 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 a combination of these offenses,
10

arising out of separate occurrences, that person, if
11

issued a restricted driving permit, may not operate a
12

vehicle unless it has been equipped with an ignition
13

interlock device as defined in Section 1-129.1.
14

(B) If a person's license or permit is revoked or
15

suspended 2 or more times due to any combination of:
16

(i) a single conviction of violating Section
17

11-501 of this Code or a similar provision of a local
18

ordinance or a similar out-of-state offense or Section
19

9-3 of the Criminal Code of 1961 or the Criminal Code
20

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
23

(ii) a statutory summary suspension or revocation
24

under Section 11-501.1; or
25

(iii) a suspension under Section 6-203.1;
26

arising out of separate occurrences; that person, if

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1

issued a restricted driving permit, may not operate a
2

vehicle unless it has been equipped with an ignition
3

interlock device as defined in Section 1-129.1.
4

(B-5) If a person's license or permit is revoked or
5

suspended due to a conviction for a violation of
6

subparagraph (C) or (F) of paragraph (1) of subsection (d)
7

of Section 11-501 of this Code, or a similar provision of a
8

local ordinance or similar out-of-state offense, that
9

person, if issued a restricted driving permit, may not
10

operate a vehicle unless it has been equipped with an
11

ignition interlock device as defined in Section 1-129.1.
12

(C) The person issued a permit conditioned upon the
13

use of an ignition interlock device must pay to the
14

Secretary of State DUI Administration Fund an amount not
15

to exceed $30 per month. The Secretary shall establish by
16

rule the amount and the procedures, terms, and conditions
17

relating to these fees.
18

(D) If the restricted driving permit is issued for
19

employment purposes, then the prohibition against
20

operating a motor vehicle that is not equipped with an
21

ignition interlock device does not apply to the operation
22

of an occupational vehicle owned or leased by that
23

person's employer when used solely for employment
24

purposes. For any person who, within a 5-year period, is
25

convicted of a second or subsequent offense under Section
26

11-501 of this Code, or a similar provision of a local

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1

ordinance or similar out-of-state offense, this employment
2

exemption does not apply until either a one-year period
3

has elapsed during which that person had his or her
4

driving privileges revoked or a one-year period has
5

elapsed during which that person had a restricted driving
6

permit which required the use of an ignition interlock
7

device on every motor vehicle owned or operated by that
8

person.
9

(E) In each case the Secretary may issue a restricted
10

driving permit for a period deemed appropriate, except
11

that all permits shall expire no later than 2 years from
12

the date of issuance. A restricted driving permit issued
13

under this Section shall be subject to cancellation,
14

revocation, and suspension by the Secretary of State in
15

like manner and for like cause as a driver's license
16

issued under this Code may be cancelled, revoked, or
17

suspended; except that a conviction upon one or more
18

offenses against laws or ordinances regulating the
19

movement of traffic shall be deemed sufficient cause for
20

the revocation, suspension, or cancellation of a
21

restricted driving permit. The Secretary of State may, as
22

a condition to the issuance of a restricted driving
23

permit, require the applicant to participate in a
24

designated driver remedial or rehabilitative program. The
25

Secretary of State is authorized to cancel a restricted
26

driving permit if the permit holder does not successfully

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1

complete the program.
2

(F) A person subject to the provisions of paragraph 4
3

of subsection (b) of Section 6-208 of this Code may make
4

application for a restricted driving permit at a hearing
5

conducted under Section 2-118 of this Code after the
6

expiration of 5 years from the effective date of the most
7

recent revocation or after 5 years from the date of
8

release from a period of imprisonment resulting from a
9

conviction of the most recent offense, whichever is later,
10

provided the person, in addition to all other requirements
11

of the Secretary, shows by clear and convincing evidence:
12

(i) a minimum of 3 years of uninterrupted
13

abstinence from alcohol and the unlawful use or
14

consumption of cannabis under the Cannabis Control
15

Act, a controlled substance under the Illinois
16

Controlled Substances Act, an intoxicating compound
17

under the Use of Intoxicating Compounds Act, or
18

methamphetamine under the Methamphetamine Control and
19

Community Protection Act; and
20

(ii) the successful completion of any
21

rehabilitative treatment and involvement in any
22

ongoing rehabilitative activity that may be
23

recommended by a properly licensed service provider
24

according to an assessment of the person's alcohol or
25

drug use under Section 11-501.01 of this Code.
26

In determining whether an applicant is eligible for a

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restricted driving permit under this subparagraph (F), the
2

Secretary may consider any relevant evidence, including,
3

but not limited to, testimony, affidavits, records, and
4

the results of regular alcohol or drug tests. Persons
5

subject to the provisions of paragraph 4 of subsection (b)
6

of Section 6-208 of this Code and who have been convicted
7

of more than one violation of paragraph (3), paragraph
8

(4), or paragraph (5) of subsection (a) of Section 11-501
9

of this Code shall not be eligible to apply for a
10

restricted driving permit under this subparagraph (F).
11

A restricted driving permit issued under this
12

subparagraph (F) shall provide that the holder may only
13

operate motor vehicles equipped with an ignition interlock
14

device as required under paragraph (2) of subsection (c)
15

of Section 6-205 of this Code and subparagraph (A) of
16

paragraph 3 of subsection (c) of this Section. The
17

Secretary may revoke a restricted driving permit or amend
18

the conditions of a restricted driving permit issued under
19

this subparagraph (F) if the holder operates a vehicle
20

that is not equipped with an ignition interlock device, or
21

for any other reason authorized under this Code.
22

A restricted driving permit issued under this
23

subparagraph (F) shall be revoked, and the holder barred
24

from applying for or being issued a restricted driving
25

permit in the future, if the holder is convicted of a
26

violation of Section 11-501 of this Code, a similar

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provision of a local ordinance, or a similar offense in
2

another state.
3

(c-3) In the case of a suspension under paragraph 43 of
4
subsection (a), reports received by the Secretary of State
5
under this Section shall, except during the actual time the
6
suspension is in effect, be privileged information and for use
7
only by the courts, police officers, prosecuting authorities,
8
the driver licensing administrator of any other state, the
9
Secretary of State, or the parent or legal guardian of a driver
10
under the age of 18. However, beginning January 1, 2008, if the
11
person is a CDL holder, the suspension shall also be made
12
available to the driver licensing administrator of any other
13
state, the U.S. Department of Transportation, and the affected
14
driver or motor carrier or prospective motor carrier upon
15
request.
16

(c-4) In the case of a suspension under paragraph 43 of
17
subsection (a), the Secretary of State shall notify the person
18
by mail that his or her driving privileges and driver's
19
license will be suspended one month after the date of the
20
mailing of the notice.
21

(c-5) The Secretary of State may, as a condition of the
22
reissuance of a driver's license or permit to an applicant
23
whose driver's license or permit has been suspended before he
24
or she reached the age of 21 years pursuant to any of the
25
provisions of this Section, require the applicant to
26
participate in a driver remedial education course and be

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retested under Section 6-109 of this Code.
2

(d) This Section is subject to the provisions of the
3
Driver License Compact.
4

(e) The Secretary of State shall not issue a restricted
5
driving permit to a person under the age of 16 years whose
6
driving privileges have been suspended or revoked under any
7
provisions of this Code.
8

(f) In accordance with 49 CFR 384, the Secretary of State
9
may not issue a restricted driving permit for the operation of
10
a commercial motor vehicle to a person holding a CDL whose
11
driving privileges have been suspended, revoked, cancelled, or
12
disqualified under any provisions of this Code.
13
(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21;
14
102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff.
15
7-1-23; 103-154, eff. 6-30-23; 103-822, eff. 1-1-25; 103-1071,
16
eff. 7-1-25; revised 10-27-25.)

17

(Text of Section after amendment by P.A. 104-400
)
18

Sec. 6-206.
Discretionary authority to suspend or revoke
19
license or permit; right to a hearing.
20

(a) The Secretary of State is authorized to suspend or
21
revoke the driving privileges of any person without
22
preliminary hearing upon a showing of the person's records or
23
other sufficient evidence that the person:
24

1. Has committed an offense for which mandatory
25

revocation of a driver's license or permit is required

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upon conviction;
2

2. Has been convicted of not less than 3 offenses
3

against traffic regulations governing the movement of
4

vehicles committed within any 12-month period. No
5

revocation or suspension shall be entered more than 6
6

months after the date of last conviction;
7

3. Has been repeatedly involved as a driver in motor
8

vehicle collisions or has been repeatedly convicted of
9

offenses against laws and ordinances regulating the
10

movement of traffic, to a degree that indicates lack of
11

ability to exercise ordinary and reasonable care in the
12

safe operation of a motor vehicle or disrespect for the
13

traffic laws and the safety of other persons upon the
14

highway;
15

4. Has by the unlawful operation of a motor vehicle
16

caused or contributed to a crash resulting in injury
17

requiring immediate professional treatment in a medical
18

facility or doctor's office to any person, except that any
19

suspension or revocation imposed by the Secretary of State
20

under the provisions of this subsection shall start no
21

later than 6 months after being convicted of violating a
22

law or ordinance regulating the movement of traffic, which
23

violation is related to the crash, or shall start not more
24

than one year after the date of the crash, whichever date
25

occurs later;
26

5. Has permitted an unlawful or fraudulent use of a

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driver's license, identification card, or permit;
2

6. Has been lawfully convicted of an offense or
3

offenses in another state, including the authorization
4

contained in Section 6-203.1, which if committed within
5

this State would be grounds for suspension or revocation;
6

7. Has refused or failed to submit to an examination
7

provided for by Section 6-207 or has failed to pass the
8

examination;
9

8. Is ineligible for a driver's license or permit
10

under the provisions of Section 6-103;
11

9. Has made a false statement or knowingly concealed a
12

material fact or has used false information or
13

identification in any application for a license,
14

identification card, or permit;
15

10. Has possessed, displayed, or attempted to
16

fraudulently use any license, identification card, or
17

permit not issued to the person;
18

11. Has operated a motor vehicle upon a highway of
19

this State when the person's driving privilege or
20

privilege to obtain a driver's license or permit was
21

revoked or suspended unless the operation was authorized
22

by a monitoring device driving permit, judicial driving
23

permit issued prior to January 1, 2009, probationary
24

license to drive, or restricted driving permit issued
25

under this Code;
26

12. Has submitted to any portion of the application

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process for another person or has obtained the services of
2

another person to submit to any portion of the application
3

process for the purpose of obtaining a license,
4

identification card, or permit for some other person;
5

13. Has operated a motor vehicle upon a highway of
6

this State when the person's driver's license or permit
7

was invalid under the provisions of Sections 6-107.1 and
8

6-110;
9

14. Has committed a violation of Section 6-301,
10

6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
11

14B of the Illinois Identification Card Act or a similar
12

offense in another state if, at the time of the offense,
13

the person held an Illinois driver's license or
14

identification card;
15

15. Has been convicted of violating Section 21-2 of
16

the Criminal Code of 1961 or the Criminal Code of 2012
17

relating to criminal trespass to vehicles if the person
18

exercised actual physical control over the vehicle during
19

the commission of the offense, in which case the
20

suspension shall be for one year;
21

16. Has been convicted of violating Section 11-204 of
22

this Code relating to fleeing from a peace officer;
23

17. Has refused to submit to a test, or tests, as
24

required under Section 11-501.1 of this Code and the
25

person has not sought a hearing as provided for in Section
26

11-501.1;

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18. (Blank);
2

19. Has committed a violation of paragraph (a) or (b)
3

of Section 6-101 relating to driving without a driver's
4

license;
5

20. Has been convicted of violating Section 6-104
6

relating to classification of driver's license;
7

21. Has been convicted of violating Section 11-402 of
8

this Code relating to leaving the scene of a crash
9

resulting in damage to a vehicle in excess of $1,000, in
10

which case the suspension shall be for one year;
11

22. Has used a motor vehicle in violating paragraph
12

(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
13

the Criminal Code of 1961 or the Criminal Code of 2012
14

relating to unlawful possession of weapons, in which case
15

the suspension shall be for one year;
16

23. Has, as a driver, been convicted of committing a
17

violation of paragraph (a) of Section 11-502 of this Code
18

for a second or subsequent time within one year of a
19

similar violation;
20

24. Has been convicted by a court-martial or punished
21

by non-judicial punishment by military authorities of the
22

United States at a military installation in Illinois or in
23

another state of or for a traffic-related offense that is
24

the same as or similar to an offense specified under
25

Section 6-205 or 6-206 of this Code;
26

25. Has permitted any form of identification to be

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used by another in the application process in order to
2

obtain or attempt to obtain a license, identification
3

card, or permit;
4

26. Has altered or attempted to alter a license or has
5

possessed an altered license, identification card, or
6

permit;
7

27. (Blank);
8

28. Has been convicted for a first time of the illegal
9

possession, while operating or in actual physical control,
10

as a driver, of a motor vehicle, of any controlled
11

substance prohibited under the Illinois Controlled
12

Substances Act, any cannabis prohibited under the Cannabis
13

Control Act, or any methamphetamine prohibited under the
14

Methamphetamine Control and Community Protection Act, in
15

which case the person's driving privileges shall be
16

suspended for one year. Any defendant found guilty of this
17

offense while operating a motor vehicle shall have an
18

entry made in the court record by the presiding judge that
19

this offense did occur while the defendant was operating a
20

motor vehicle and order the clerk of the court to report
21

the violation to the Secretary of State;
22

29. Has been convicted of the following offenses that
23

were committed while the person was operating or in actual
24

physical control, as a driver, of a motor vehicle:
25

criminal sexual assault, predatory criminal sexual assault
26

of a child, aggravated criminal sexual assault, criminal

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sexual abuse, aggravated criminal sexual abuse, juvenile
2

pimping, soliciting for a sexually exploited child,
3

promoting commercial sexual exploitation of a child as
4

described in subdivision (a)(1), (a)(2), or (a)(3) of
5

Section 11-14.4 of the Criminal Code of 1961 or the
6

Criminal Code of 2012, and the manufacture, sale or
7

delivery of controlled substances or instruments used for
8

illegal drug use or abuse in which case the driver's
9

driving privileges shall be suspended for one year;
10

30. Has been convicted a second or subsequent time for
11

any combination of the offenses named in paragraph 29 of
12

this subsection, in which case the person's driving
13

privileges shall be suspended for 5 years;
14

31. Has refused to submit to a test as required by
15

Section 11-501.6 of this Code or Section 5-16c of the Boat
16

Registration and Safety Act or has submitted to a test
17

resulting in an alcohol concentration of 0.08 or more or
18

any amount of a drug, substance, or compound resulting
19

from the unlawful use or consumption of cannabis as listed
20

in the Cannabis Control Act, a controlled substance as
21

listed in the Illinois Controlled Substances Act, an
22

intoxicating compound as listed in the Use of Intoxicating
23

Compounds Act, or methamphetamine as listed in the
24

Methamphetamine Control and Community Protection Act, in
25

which case the penalty shall be as prescribed in Section
26

6-208.1;

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32. Has been convicted of Section 24-1.2 of the
2

Criminal Code of 1961 or the Criminal Code of 2012
3

relating to the aggravated discharge of a firearm if the
4

offender was located in a motor vehicle at the time the
5

firearm was discharged, in which case the suspension shall
6

be for 3 years;
7

33. Has as a driver, who was less than 21 years of age
8

on the date of the offense, been convicted a first time of
9

a violation of paragraph (a) of Section 11-502 of this
10

Code or a similar provision of a local ordinance;
11

34. Has committed a violation of Section 11-1301.5 of
12

this Code or a similar provision of a local ordinance;
13

35. Has committed a violation of Section 11-1301.6 of
14

this Code or a similar provision of a local ordinance;
15

36. Is under the age of 21 years at the time of arrest
16

and has been convicted of not less than 2 offenses against
17

traffic regulations governing the movement of vehicles
18

committed within any 24-month period. No revocation or
19

suspension shall be entered more than 6 months after the
20

date of last conviction;
21

37. Has committed a violation of subsection (c),
22

(c-5), or (c-10) of Section 11-907 of this Code that
23

resulted in damage to the property of another
or the death
24

or injury of another
;
25

38. Has been convicted of a violation of Section 6-20
26

of the Liquor Control Act of 1934 or a similar provision of

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1

a local ordinance and the person was an occupant of a motor
2

vehicle at the time of the violation;
3

39. Has committed a second or subsequent violation of
4

Section 11-1201 of this Code;
5

40. Has committed a violation of subsection (a-1) of
6

Section 11-908 of this Code;
7

41. Has committed a second or subsequent violation of
8

Section 11-605.1 of this Code, a similar provision of a
9

local ordinance, or a similar violation in any other state
10

within 2 years of the date of the previous violation, in
11

which case the suspension shall be for 90 days;
12

42. Has committed a violation of subsection (a-1) of
13

Section 11-1301.3 of this Code or a similar provision of a
14

local ordinance;
15

43. Has received a disposition of court supervision
16

for a violation of subsection (a), (d), or (e) of Section
17

6-20 of the Liquor Control Act of 1934 or a similar
18

provision of a local ordinance and the person was an
19

occupant of a motor vehicle at the time of the violation,
20

in which case the suspension shall be for a period of 3
21

months;
22

44. Is under the age of 21 years at the time of arrest
23

and has been convicted of an offense against traffic
24

regulations governing the movement of vehicles after
25

having previously had his or her driving privileges
26

suspended or revoked pursuant to subparagraph 36 of this

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1

Section;
2

45. Has, in connection with or during the course of a
3

formal hearing conducted under Section 2-118 of this Code:
4

(i) committed perjury; (ii) submitted fraudulent or
5

falsified documents; (iii) submitted documents that have
6

been materially altered; or (iv) submitted, as his or her
7

own, documents that were in fact prepared or composed for
8

another person;
9

46. Has committed a violation of subsection (j) of
10

Section 3-413 of this Code;
11

47. Has committed a violation of subsection (a) of
12

Section 11-502.1 of this Code;
13

48. Has submitted a falsified or altered medical
14

examiner's certificate to the Secretary of State or
15

provided false information to obtain a medical examiner's
16

certificate;
17

49. Has been convicted of a violation of Section
18

11-1002 or 11-1002.5 that resulted in a Type A injury to
19

another, in which case the driving privileges of the
20

person shall be suspended for 12 months;
21

50. Has committed a violation of subsection (b-5) of
22

Section 12-610.2 that resulted in great bodily harm,
23

permanent disability, or disfigurement, in which case the
24

driving privileges of the person shall be suspended for 12
25

months;
26

51. Has committed a violation of Section 10-15 Of the

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1

Cannabis Regulation and Tax Act or a similar provision of
2

a local ordinance while in a motor vehicle; or
3

52. Has committed a violation of subsection (b) of
4

Section 10-20 of the Cannabis Regulation and Tax Act or a
5

similar provision of a local ordinance.
6

For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
7
and 27 of this subsection, license means any driver's license,
8
any traffic ticket issued when the person's driver's license
9
is deposited in lieu of bail, a suspension notice issued by the
10
Secretary of State, a duplicate or corrected driver's license,
11
a probationary driver's license, or a temporary driver's
12
license.
13

(b) If any conviction forming the basis of a suspension or
14
revocation authorized under this Section is appealed, the
15
Secretary of State may rescind or withhold the entry of the
16
order of suspension or revocation, as the case may be,
17
provided that a certified copy of a stay order of a court is
18
filed with the Secretary of State. If the conviction is
19
affirmed on appeal, the date of the conviction shall relate
20
back to the time the original judgment of conviction was
21
entered and the 6-month limitation prescribed shall not apply.

22

(c) 1. Upon suspending or revoking the driver's license or
23
permit of any person as authorized in this Section, the
24
Secretary of State shall immediately notify the person in
25
writing of the revocation or suspension. The notice to be
26
deposited in the United States mail, postage prepaid, to the

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1
last known address of the person.
2

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

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suspension period.
2

The provisions of this subparagraph shall not apply to any
3
driver required to possess a CDL for the purpose of operating a
4
commercial motor vehicle.
5

Any person who falsely states any fact in the affidavit
6
required herein shall be guilty of perjury under Section 6-302
7
and upon conviction thereof shall have all driving privileges
8
revoked without further rights.
9

3. At the conclusion of a hearing under Section 2-118 of
10
this Code, the Secretary of State shall either rescind or
11
continue an order of revocation or shall substitute an order
12
of suspension; or, good cause appearing therefor, rescind,
13
continue, change, or extend the order of suspension. If the
14
Secretary of State does not rescind the order, the Secretary
15
may upon application, to relieve undue hardship (as defined by
16
the rules of the Secretary of State), issue a restricted
17
driving permit granting the privilege of driving a motor
18
vehicle between the petitioner's residence and petitioner's
19
place of employment or within the scope of the petitioner's
20
employment-related duties, or to allow the petitioner to
21
transport himself or herself, or a family member of the
22
petitioner's household to a medical facility, to receive
23
necessary medical care, to allow the petitioner to transport
24
himself or herself to and from alcohol or drug remedial or
25
rehabilitative activity recommended by a licensed service
26
provider, or to allow the petitioner to transport himself or

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1
herself or a family member of the petitioner's household to
2
classes, as a student, at an accredited educational
3
institution, or to allow the petitioner to transport children,
4
elderly persons, or persons with disabilities who do not hold
5
driving privileges and are living in the petitioner's
6
household to and from daycare. The petitioner must demonstrate
7
that no alternative means of transportation is reasonably
8
available and that the petitioner will not endanger the public
9
safety or welfare.
10

(A) If a person's license or permit is revoked or
11

suspended due to 2 or more convictions of violating
12

Section 11-501 of this Code or a similar provision of a
13

local ordinance or a similar out-of-state offense, or
14

Section 9-3 of the Criminal Code of 1961 or the Criminal
15

Code of 2012, where the use of alcohol or other drugs is
16

recited as an element of the offense, or a similar
17

out-of-state offense, or a combination of these offenses,
18

arising out of separate occurrences, that person, if
19

issued a restricted driving permit, may not operate a
20

vehicle unless it has been equipped with an ignition
21

interlock device as defined in Section 1-129.1.
22

(B) If a person's license or permit is revoked or
23

suspended 2 or more times due to any combination of:
24

(i) a single conviction of violating Section
25

11-501 of this Code or a similar provision of a local
26

ordinance or a similar out-of-state offense or Section

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1

9-3 of the Criminal Code of 1961 or the Criminal Code
2

of 2012, where the use of alcohol or other drugs is
3

recited as an element of the offense, or a similar
4

out-of-state offense; or
5

(ii) a statutory summary suspension or revocation
6

under Section 11-501.1; or
7

(iii) a suspension under Section 6-203.1;
8

arising out of separate occurrences; that person, if
9

issued a restricted driving permit, may not operate a
10

vehicle unless it has been equipped with an ignition
11

interlock device as defined in Section 1-129.1.
12

(B-5) If a person's license or permit is revoked or
13

suspended due to a conviction for a violation of
14

subparagraph (C) or (F) of paragraph (1) of subsection (d)
15

of Section 11-501 of this Code, or a similar provision of a
16

local ordinance or similar out-of-state offense, that
17

person, if issued a restricted driving permit, may not
18

operate a vehicle unless it has been equipped with an
19

ignition interlock device as defined in Section 1-129.1.
20

(C) The person issued a permit conditioned upon the
21

use of an ignition interlock device must pay to the
22

Secretary of State DUI Administration Fund an amount not
23

to exceed $30 per month. The Secretary shall establish by
24

rule the amount and the procedures, terms, and conditions
25

relating to these fees.
26

(D) If the restricted driving permit is issued for

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1

employment purposes, then the prohibition against
2

operating a motor vehicle that is not equipped with an
3

ignition interlock device does not apply to the operation
4

of an occupational vehicle owned or leased by that
5

person's employer when used solely for employment
6

purposes. For any person who, within a 5-year period, is
7

convicted of a second or subsequent offense under Section
8

11-501 of this Code, or a similar provision of a local
9

ordinance or similar out-of-state offense, this employment
10

exemption does not apply until either a one-year period
11

has elapsed during which that person had his or her
12

driving privileges revoked or a one-year period has
13

elapsed during which that person had a restricted driving
14

permit which required the use of an ignition interlock
15

device on every motor vehicle owned or operated by that
16

person.
17

(E) In each case the Secretary may issue a restricted
18

driving permit for a period deemed appropriate, except
19

that all permits shall expire no later than 2 years from
20

the date of issuance. A restricted driving permit issued
21

under this Section shall be subject to cancellation,
22

revocation, and suspension by the Secretary of State in
23

like manner and for like cause as a driver's license
24

issued under this Code may be cancelled, revoked, or
25

suspended; except that a conviction upon one or more
26

offenses against laws or ordinances regulating the

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1

movement of traffic shall be deemed sufficient cause for
2

the revocation, suspension, or cancellation of a
3

restricted driving permit. The Secretary of State may, as
4

a condition to the issuance of a restricted driving
5

permit, require the applicant to participate in a
6

designated driver remedial or rehabilitative program. The
7

Secretary of State is authorized to cancel a restricted
8

driving permit if the permit holder does not successfully
9

complete the program.
10

(F) A person subject to the provisions of paragraph 4
11

of subsection (b) of Section 6-208 of this Code may make
12

application for a restricted driving permit at a hearing
13

conducted under Section 2-118 of this Code after the
14

expiration of 5 years from the effective date of the most
15

recent revocation or after 5 years from the date of
16

release from a period of imprisonment resulting from a
17

conviction of the most recent offense, whichever is later,
18

provided the person, in addition to all other requirements
19

of the Secretary, shows by clear and convincing evidence:
20

(i) a minimum of 3 years of uninterrupted
21

abstinence from alcohol and the unlawful use or
22

consumption of cannabis under the Cannabis Control
23

Act, a controlled substance under the Illinois
24

Controlled Substances Act, an intoxicating compound
25

under the Use of Intoxicating Compounds Act, or
26

methamphetamine under the Methamphetamine Control and

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Community Protection Act; and
2

(ii) the successful completion of any
3

rehabilitative treatment and involvement in any
4

ongoing rehabilitative activity that may be
5

recommended by a properly licensed service provider
6

according to an assessment of the person's alcohol or
7

drug use under Section 11-501.01 of this Code.
8

In determining whether an applicant is eligible for a
9

restricted driving permit under this subparagraph (F), the
10

Secretary may consider any relevant evidence, including,
11

but not limited to, testimony, affidavits, records, and
12

the results of regular alcohol or drug tests. Persons
13

subject to the provisions of paragraph 4 of subsection (b)
14

of Section 6-208 of this Code and who have been convicted
15

of more than one violation of paragraph (3), paragraph
16

(4), or paragraph (5) of subsection (a) of Section 11-501
17

of this Code shall not be eligible to apply for a
18

restricted driving permit under this subparagraph (F).
19

A restricted driving permit issued under this
20

subparagraph (F) shall provide that the holder may only
21

operate motor vehicles equipped with an ignition interlock
22

device as required under paragraph (2) of subsection (c)
23

of Section 6-205 of this Code and subparagraph (A) of
24

paragraph 3 of subsection (c) of this Section. The
25

Secretary may revoke a restricted driving permit or amend
26

the conditions of a restricted driving permit issued under

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1

this subparagraph (F) if the holder operates a vehicle
2

that is not equipped with an ignition interlock device, or
3

for any other reason authorized under this Code.
4

A restricted driving permit issued under this
5

subparagraph (F) shall be revoked, and the holder barred
6

from applying for or being issued a restricted driving
7

permit in the future, if the holder is convicted of a
8

violation of Section 11-501 of this Code, a similar
9

provision of a local ordinance, or a similar offense in
10

another state.
11

(c-3) In the case of a suspension under paragraph 43 of
12
subsection (a), reports received by the Secretary of State
13
under this Section shall, except during the actual time the
14
suspension is in effect, be privileged information and for use
15
only by the courts, police officers, prosecuting authorities,
16
the driver licensing administrator of any other state, the
17
Secretary of State, or the parent or legal guardian of a driver
18
under the age of 18. However, beginning January 1, 2008, if the
19
person is a CDL holder, the suspension shall also be made
20
available to the driver licensing administrator of any other
21
state, the U.S. Department of Transportation, and the affected
22
driver or motor carrier or prospective motor carrier upon
23
request.
24

(c-4) In the case of a suspension under paragraph 43 of
25
subsection (a), the Secretary of State shall notify the person
26
by mail that his or her driving privileges and driver's

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1
license will be suspended one month after the date of the
2
mailing of the notice.
3

(c-5) The Secretary of State may, as a condition of the
4
reissuance of a driver's license or permit to an applicant
5
whose driver's license or permit has been suspended before he
6
or she reached the age of 21 years pursuant to any of the
7
provisions of this Section, require the applicant to
8
participate in a driver remedial education course and be
9
retested under Section 6-109 of this Code.
10

(d) This Section is subject to the provisions of the
11
Driver License Compact.
12

(e) The Secretary of State shall not issue a restricted
13
driving permit to a person under the age of 16 years whose
14
driving privileges have been suspended or revoked under any
15
provisions of this Code.
16

(f) In accordance with 49 CFR 384, the Secretary of State
17
may not issue a restricted driving permit for the operation of
18
a commercial motor vehicle to a person holding a CDL whose
19
driving privileges have been suspended, revoked, cancelled, or
20
disqualified under any provisions of this Code.
21
(Source: P.A. 103-154, eff. 6-30-23; 103-822, eff. 1-1-25;
22
103-1071, eff. 7-1-25; 104-400, eff. 6-1-26; revised
23
10-27-25.)

24

(625 ILCS 5/11-208.7)
25

Sec. 11-208.7.
Administrative fees and procedures for

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impounding vehicles for specified violations.
2

(a) Any county or municipality
, or the Illinois State
3
Police as permitted under subsection (k),
may, consistent with
4
this Section, provide by ordinance
or by administrative rule

5
procedures for the release of properly impounded vehicles and
6
for the imposition of a reasonable administrative fee related
7
to its administrative and processing costs associated with the
8
investigation, arrest, and detention of an offender, or the
9
removal, impoundment, storage, and release of the vehicle. The
10
administrative fee imposed by the county or municipality
or
11
the Illinois State Police
may be in addition to any fees
12
charged for the towing and storage of an impounded vehicle.
13
The administrative fee shall be waived by the county or
14
municipality
or the Illinois State Police
upon verifiable
15
proof that the vehicle was stolen or hijacked at the time the
16
vehicle was impounded.
17

(b) An ordinance
or administrative rule
establishing
18
procedures for the release of properly impounded vehicles
19
under this Section may impose fees only for the following
20
violations:
21

(1) operation or use of a motor vehicle in the
22

commission of, or in the attempt to commit, an offense for
23

which a motor vehicle may be seized and forfeited pursuant
24

to Section 36-1 of the Criminal Code of 2012; or
25

(2) driving under the influence of alcohol, another
26

drug or drugs, an intoxicating compound or compounds, or

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any combination thereof, in violation of Section 11-501 of
2

this Code; or
3

(3) operation or use of a motor vehicle in the
4

commission of, or in the attempt to commit, a felony or in
5

violation of the Cannabis Control Act; or
6

(4) operation or use of a motor vehicle in the
7

commission of, or in the attempt to commit, an offense in
8

violation of the Illinois Controlled Substances Act; or
9

(5) operation or use of a motor vehicle in the
10

commission of, or in the attempt to commit, an offense in
11

violation of Section 24-1, 24-1.5, or 24-3.1 of the
12

Criminal Code of 1961 or the Criminal Code of 2012; or
13

(6) driving while a driver's license, permit, or
14

privilege to operate a motor vehicle is suspended or
15

revoked pursuant to Section 6-303 of this Code; except
16

that vehicles shall not be subjected to seizure or
17

impoundment if the suspension is for an unpaid citation
18

(parking or moving) or due to failure to comply with
19

emission testing; or
20

(7) operation or use of a motor vehicle while
21

soliciting, possessing, or attempting to solicit or
22

possess cannabis or a controlled substance, as defined by
23

the Cannabis Control Act or the Illinois Controlled
24

Substances Act; or
25

(8) operation or use of a motor vehicle with an
26

expired driver's license, in violation of Section 6-101 of

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this Code, if the period of expiration is greater than one
2

year; or
3

(9) operation or use of a motor vehicle without ever
4

having been issued a driver's license or permit, in
5

violation of Section 6-101 of this Code, or operating a
6

motor vehicle without ever having been issued a driver's
7

license or permit due to a person's age; or
8

(10) operation or use of a motor vehicle by a person
9

against whom a warrant has been issued by a circuit clerk
10

in Illinois for failing to answer charges that the driver
11

violated Section 6-101, 6-303, or 11-501 of this Code; or
12

(11) operation or use of a motor vehicle in the
13

commission of, or in the attempt to commit, an offense in
14

violation of Article 16 or 16A of the Criminal Code of 1961
15

or the Criminal Code of 2012; or
16

(12) operation or use of a motor vehicle in the
17

commission of, or in the attempt to commit, any other
18

misdemeanor or felony offense in violation of the Criminal
19

Code of 1961 or the Criminal Code of 2012, when so provided
20

by local ordinance;
or

21

(13) operation or use of a motor vehicle in violation
22

of Section 11-503 of this Code:
23

(A) while the vehicle is part of a funeral
24

procession; or
25

(B) in a manner that interferes with a funeral
26

procession
; or

.

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(14) operation or use of a motor vehicle in the
2

commission of or in the attempt to commit an offense in
3

violation of Section 12-3.2 or 12-3.4 of the Criminal Code
4

of 2012.

5

(c) The following shall apply to any fees imposed for
6
administrative and processing costs pursuant to subsection
7
(b):
8

(1) All administrative fees and towing and storage
9

charges shall be imposed on the registered owner of the
10

motor vehicle or the agents of that owner.
11

(1.5) No administrative fees shall be imposed on the
12

registered owner or the agents of that owner if the motor
13

vehicle was stolen or hijacked at the time the vehicle was
14

impounded. To demonstrate that the motor vehicle was
15

hijacked or stolen at the time the vehicle was impounded,
16

the owner or the agents of the owner must submit proof that
17

a report concerning the motor vehicle was filed with a law
18

enforcement agency in a timely manner.
19

(2) The fees shall be in addition to (i) any other
20

penalties that may be assessed by a court of law for the
21

underlying violations; and (ii) any towing or storage
22

fees, or both, charged by the towing company.
23

(3) The fees shall be uniform for all similarly
24

situated vehicles.
25

(4) The fees shall be collected by and paid to the
26

county or municipality
or the Illinois State Police

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1

imposing the fees.
2

(5) The towing or storage fees, or both, shall be
3

collected by and paid to the person, firm, or entity that
4

tows and stores the impounded vehicle.
5

(d) Any ordinance
or administrative rule
establishing
6
procedures for the release of properly impounded vehicles
7
under this Section shall provide for an opportunity for a
8
hearing, as provided in subdivision (b)(4) of Section 11-208.3
9
of this Code, and for the release of the vehicle to the owner
10
of record, lessee, or a lienholder of record upon payment of
11
all administrative fees and towing and storage fees.
12

(e) Any ordinance
or administrative rule
establishing
13
procedures for the impoundment and release of vehicles under
14
this Section shall include the following provisions concerning
15
notice of impoundment:
16

(1) Whenever a police officer has cause to believe
17

that a motor vehicle is subject to impoundment, the
18

officer shall provide for the towing of the vehicle to a
19

facility authorized by the county or municipality
or the
20

Illinois State Police
.
21

(2) At the time the vehicle is towed, the county or
22

municipality
or the Illinois State Police
shall notify or
23

make a reasonable attempt to notify the owner, lessee, or
24

person identifying himself or herself as the owner or
25

lessee of the vehicle, or any person who is found to be in
26

control of the vehicle at the time of the alleged offense,

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1

of the fact of the seizure, and of the vehicle owner's or
2

lessee's right to an administrative hearing.
3

(3) The county or municipality
or the Illinois State
4

Police
shall also provide notice that the motor vehicle
5

will remain impounded pending the completion of an
6

administrative hearing, unless the owner or lessee of the
7

vehicle or a lienholder posts with the county or
8

municipality
or the Illinois State Police
a bond equal to
9

the administrative fee as provided by ordinance
or
10

administrative rule
and pays for all towing and storage
11

charges.
12

(f) Any ordinance
or administrative rule
establishing
13
procedures for the impoundment and release of vehicles under
14
this Section shall include a provision providing that the
15
registered owner or lessee of the vehicle and any lienholder
16
of record shall be provided with a notice of hearing. The
17
notice shall:
18

(1) be served upon the owner, lessee, and any
19

lienholder of record either by personal service or by
20

first class mail to the interested party's address as
21

registered with the Secretary of State;
22

(2) be served upon interested parties within 10 days
23

after a vehicle is impounded by
county or
the municipality
24

or the Illinois State Police
; and
25

(3) contain the date, time, and location of the
26

administrative hearing. An initial hearing shall be

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1

scheduled and convened no later than 45 days after the
2

date of the mailing of the notice of hearing.
3

(g) In addition to the requirements contained in
4
subdivision (b)(4) of Section 11-208.3 of this Code relating
5
to administrative hearings, any ordinance
or administrative
6
rule
providing for the impoundment and release of vehicles
7
under this Section shall include the following requirements
8
concerning administrative hearings:
9

(1) administrative hearings shall be conducted by a
10

hearing officer who is an attorney licensed to practice
11

law in this State for a minimum of 3 years;
12

(1.5) the hearing officer shall consider as a defense
13

to the vehicle impoundment that the motor vehicle was
14

stolen or hijacked at the time the vehicle was impounded;
15

to demonstrate that the motor vehicle was hijacked or
16

stolen at the time the vehicle was impounded, the owner or
17

the agents of the owner or a lessee must submit proof that
18

a report concerning the motor vehicle was filed with a law
19

enforcement agency in a timely manner;
20

(2) at the conclusion of the administrative hearing,
21

the hearing officer shall issue a written decision either
22

sustaining or overruling the vehicle impoundment;
23

(3) if the basis for the vehicle impoundment is
24

sustained by the administrative hearing officer, any
25

administrative fee posted to secure the release of the
26

vehicle shall be forfeited to the county or municipality

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1

or the Illinois State Police
;
2

(4) all final decisions of the administrative hearing
3

officer shall be subject to review under the provisions of
4

the Administrative Review Law, unless the county or
5

municipality
or the Illinois State Police
allows in the
6

enabling ordinance
or the administrative rule
for direct
7

appeal to the circuit court having jurisdiction over the
8

county or municipality
or the Illinois State Police
;
9

(5) unless the administrative hearing officer
10

overturns the basis for the vehicle impoundment, no
11

vehicle shall be released to the owner, lessee, or
12

lienholder of record until all administrative fees and
13

towing and storage charges are paid;
14

(6) if the administrative hearing officer finds that a
15

county or municipality
or the Illinois State Police, in
16

impounding a vehicle,

that impounds a vehicle
exceeded its
17

authority under this Code, the county or municipality
or
18

the Illinois State Police
shall be liable to the
19

registered owner or lessee of the vehicle for the cost of
20

storage fees and reasonable attorney's fees; and
21

(7) notwithstanding any other provision of law to the
22

contrary, if the administrative hearing officer finds that
23

a county or municipality
or the Illinois State Police

24

impounded a motor vehicle that was stolen or hijacked at
25

the time the vehicle was impounded, the county or
26

municipality
or the Illinois State Police
shall refund any

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1

administrative fees already paid by the registered owner
2

or lessee of the vehicle.
3

(h) Vehicles not retrieved from the towing facility or
4
storage facility within 35 days after the administrative
5
hearing officer issues a written decision shall be deemed
6
abandoned and disposed of in accordance with the provisions of
7
Article II of Chapter 4 of this Code.
8

(i) Unless stayed by a court of competent jurisdiction,
9
any fine, penalty, or administrative fee imposed under this
10
Section which remains unpaid in whole or in part after the
11
expiration of the deadline for seeking judicial review under
12
the Administrative Review Law may be enforced in the same
13
manner as a judgment entered by a court of competent
14
jurisdiction.
15

(j) The fee limits in subsection (b), the exceptions in
16
paragraph (6) of subsection (b), and all of paragraph (6) of
17
subsection (g) of this Section shall not apply to a home rule
18
unit that tows a vehicle on a public way if a circumstance
19
requires the towing of the vehicle or if the vehicle is towed
20
due to a violation of a statute or local ordinance
or
21
administrative rule
, and the home rule unit:
22

(1) owns and operates a towing facility within its
23

boundaries for the storage of towed vehicles; and
24

(2) owns and operates tow trucks or enters into a
25

contract with a third party vendor to operate tow trucks.
26

(k) The Illinois State Police may collect administrative

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1
fees from tows in a manner consistent with this Section. The
2
Illinois State Police shall adopt rules to administer a
3
process and create a mechanism to allow vendors approved by
4
the Director of the Illinois State Police directly for
5
qualifying tows under this Section. Fees collected under this
6
subsection shall be deposited into the State Police Vehicle
7
Fund.

8
(Source: P.A. 102-905, eff. 1-1-23
.)

9

(625 ILCS 5/11-306)

(from Ch. 95 1/2, par. 11-306)
10

Sec. 11-306.
Traffic-control signal legend.
Whenever
11
traffic is controlled by traffic-control signals exhibiting
12
different colored lights or color lighted arrows, successively
13
one at a time or in combination, only the colors green, red,
14
and yellow shall be used, except for special pedestrian
15
signals carrying a word legend, and the lights shall indicate
16
and apply to drivers of vehicles, bicyclists, and pedestrians
17
as follows:
18

(a) Green indication.
19

1. Vehicular traffic facing a circular green signal
20

may proceed straight through or turn right or left unless
21

a sign at such place prohibits either such turn. Vehicular
22

traffic, including vehicles turning right or left, shall
23

yield the right of way to other vehicles, to bicyclists,
24

and to pedestrians lawfully within the intersection or an
25

adjacent crosswalk at the time such signal is exhibited.

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1

2. Vehicular traffic facing a green arrow signal,
2

shown alone or in combination with another indication, may
3

cautiously enter the intersection only to make the
4

movement indicated by such arrow, or such other movement
5

as is permitted by other indications shown at the same
6

time. Such vehicular traffic shall yield the right of way
7

to bicyclists and pedestrians lawfully within an adjacent
8

crosswalk and to other traffic lawfully using the
9

intersection.
10

3. Unless otherwise directed by a pedestrian-control
11

signal, as provided in Section 11-307, pedestrians or
12

bicyclists facing any green signal, except when the sole
13

green signal is a turn arrow, may proceed across the
14

roadway within any marked or unmarked crosswalk.
15

(b) Steady yellow indication.
16

1. Vehicular traffic facing a steady circular yellow
17

or yellow arrow signal is thereby warned that the related
18

green movement is being terminated or that a red
19

indication will be exhibited immediately thereafter.
20

2. Pedestrians facing a steady circular yellow or
21

yellow arrow signal, unless otherwise directed by a
22

pedestrian-control signal as provided in Section 11-307,
23

are thereby advised that there is insufficient time to
24

cross the roadway before a red indication is shown and no
25

pedestrian shall then start to cross the roadway.
26

(b-5) Flashing yellow arrow indication.

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1

1. Vehicular traffic facing a flashing yellow arrow
2

indication may cautiously enter the intersection only to
3

make the movement indicated by the arrow and shall yield
4

the right-of-way to other vehicles and pedestrians
5

lawfully within the intersection or an adjacent crosswalk
6

at the time the signal is exhibited.
7

2. Pedestrians facing a flashing yellow arrow
8

indication, unless otherwise directed by a
9

pedestrian-control signal as provided in Section 11-307,
10

may proceed across the roadway within any marked or
11

unmarked crosswalk that crosses the lane or lanes used to
12

depart the intersection by traffic controlled by the
13

flashing yellow arrow indication. Pedestrians shall yield
14

the right-of-way to vehicles lawfully within the
15

intersection at the time that the flashing yellow signal
16

indication is first displayed.
17

(c) Steady red indication.
18

1. Except as provided in paragraphs 3 and 3.5 of this
19

subsection (c), vehicular traffic facing a steady circular
20

red signal alone shall stop at a clearly marked stop line,
21

but if there is no such stop line, before entering the
22

crosswalk on the near side of the intersection, or if
23

there is no such crosswalk, then before entering the
24

intersection, and shall remain standing until an
25

indication to proceed is shown.
26

2. Except as provided in paragraphs 3 and 3.5 of this

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1

subsection (c), vehicular traffic facing a steady red
2

arrow signal shall not enter the intersection to make the
3

movement indicated by the arrow and, unless entering the
4

intersection to make a movement permitted by another
5

signal, shall stop at a clearly marked stop line, but if
6

there is no such stop line, before entering the crosswalk
7

on the near side of the intersection, or if there is no
8

such crosswalk, then before entering the intersection, and
9

shall remain standing until an indication permitting the
10

movement indicated by such red arrow is shown.
11

3. Except when a sign is in place prohibiting a turn
12

and local authorities by ordinance or State authorities by
13

rule or regulation prohibit any such turn, vehicular
14

traffic facing any steady red signal may cautiously enter
15

the intersection to turn right, or to turn left from a
16

one-way street into a one-way street, after stopping as
17

required by paragraph 1 or paragraph 2 of this subsection.
18

After stopping, the driver shall yield the right of way to
19

any vehicle in the intersection or approaching on another
20

roadway so closely as to constitute an immediate hazard
21

during the time such driver is moving across or within the
22

intersection or junction or roadways. Such driver shall
23

yield the right of way to pedestrians or bicyclists within
24

the intersection or an adjacent crosswalk.
25

3.5.
After stopping as required by paragraph 1 or 2 of
26

this subsection (c), the

The
driver of a motorcycle or

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1

bicycle, facing a steady red signal which fails to change
2

to a green signal within a reasonable period of time not
3

less than 120 seconds because of a signal malfunction or
4

because the signal has failed to detect the arrival of the
5

motorcycle or bicycle due to the vehicle's size or weight,
6

shall have the right to proceed, after yielding the right
7

of way to oncoming traffic facing a green signal, subject
8

to the rules applicable after making a stop at a stop sign
9

as required by Section 11-1204 of this Code.
10

4. Unless otherwise directed by a pedestrian-control
11

signal as provided in Section 11-307, pedestrians facing a
12

steady circular red or red arrow signal alone shall not
13

enter the roadway.
14

(d) In the event an official traffic control signal is
15
erected and maintained at a place other than an intersection,
16
the provisions of this Section shall be applicable except as
17
to provisions which by their nature can have no application.
18
Any stop required shall be at a traffic sign or a marking on
19
the pavement indicating where the stop shall be made or, in the
20
absence of such sign or marking, the stop shall be made at the
21
signal.
22

(e) The motorman of any streetcar shall obey the above
23
signals as applicable to vehicles.
24

(f) If an official traffic control signal is erected and
25
maintained as a dedicated signal for bicyclists, that signal
26
shall take precedence for bicyclists over other signals

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1
outlined in this Section.
2
(Source: P.A. 104-260, eff. 8-15-25.)

3

(625 ILCS 5/11-804)

(from Ch. 95 1/2, par. 11-804)
4

Sec. 11-804.
When signal required.
5

(a) No person may turn a vehicle at an intersection unless
6
the vehicle is in proper position upon the highway as required
7
in Section 11-801 or turn a vehicle to enter a private road or
8
driveway, or otherwise turn a vehicle from a direct course or
9
move right or left upon a
highway

roadway
unless and until such
10
movement can be made with reasonable safety. No person may so
11
turn any vehicle without giving an appropriate signal in the
12
manner hereinafter provided.
13

(b) A signal of intention to turn right or left, change
14
lanes, otherwise turn a vehicle from a direct course, move
15
right or left upon a highway, or when required must be given
16
continuously during not less than the last 100 feet traveled
17
by the vehicle within a business or residence district, and
18
such signal must be given continuously during not less than
19
the last 200 feet traveled by the vehicle outside a business or
20
residence district.
21

(c) No person may stop or suddenly decrease the speed of a
22
vehicle without first giving an appropriate signal in the
23
manner provided in this Chapter to the driver of any vehicle
24
immediately to the rear when there is opportunity to give such
25
a signal.

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1

(d) The electric turn signal device required in Section
2
12-208 of this Act must be used and operated as prescribed in
3
subsection (b) of this Section to indicate an intention to
4
turn, change lanes, turn a vehicle from a direct course, move
5
right or left upon a highway, or start from a parallel parked
6
position. Unless the conditions of subsection (b) of this
7
Section are met, an electric turn signal device required in
8
Section 12-208 shall not be left in the on position and must
9
not be flashed on one side only on a parked or disabled vehicle
10
or flashed as a courtesy or "do pass" signal to operators of
11
other vehicles approaching from the rear. However, such signal
12
devices may be flashed simultaneously on both sides of a motor
13
vehicle to indicate the presence of a vehicular traffic hazard
14
requiring unusual care in approaching, overtaking and passing.
15
(Source: P.A. 102-508, eff. 8-20-21.)

16

(625 ILCS 5/11-904)

(from Ch. 95 1/2, par. 11-904)
17

Sec. 11-904.
Vehicle entering stop or yield intersection.
18

(a) Preferential right-of-way at an intersection may be
19
indicated by stop or yield signs as authorized in Section
20
11-302 of this Chapter.
21

(b) Except when directed to proceed by a police officer or
22
traffic-control signal, every driver of a vehicle approaching
23
a stop intersection indicated by a stop sign shall stop at a
24
clearly marked stop line, but if none, before entering the
25
crosswalk on the near side of the intersection, or if none,

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1
then at the point nearest the intersecting roadway where the
2
driver has a view of approaching traffic on the intersecting
3
roadway before entering the intersection. After having
4
stopped, the driver shall yield the right-of-way to any
5
vehicle which has entered the intersection from another
6
roadway or which is approaching so closely on the roadway as to
7
constitute an immediate hazard during the time when the driver
8
is moving across or within the intersection, but said driver
9
having so yielded may proceed at such time as a safe interval
10
occurs.
11

(c) The driver of a vehicle approaching a yield sign shall
12
in obedience to such sign slow down to a speed reasonable for
13
the existing conditions and, if required for safety to stop,
14
shall stop at a clearly marked stop line, but if none, before
15
entering the crosswalk on the near side of the intersection,
16
or if none, then at the point nearest the intersecting roadway
17
where the driver has a view of approaching traffic on the
18
intersecting roadway. After slowing or stopping, the driver
19
shall yield the right-of-way to any vehicle in the
20
intersection or approaching on another roadway so closely as
21
to constitute an immediate hazard during the time such driver
22
is moving across or within the intersection.
23

(d) If a driver is involved in a collision at an
24
intersection or interferes with the movement of other vehicles
25
after driving past a
stop or
yield right-of-way sign, such
26
collision or interference shall be deemed prima facie evidence

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1
of the driver's failure to yield right-of-way.
2
(Source: P.A. 76-1739.)

3

(625 ILCS 5/11-907)
4

(Text of Section before amendment by P.A. 104-131 and
5
104-400
)
6

Sec. 11-907.
Operation of vehicles and streetcars on
7
approach of authorized emergency vehicles.
8

(a) Upon the immediate approach of an authorized emergency
9
vehicle making use of audible and visual signals meeting the
10
requirements of this Code or a police vehicle properly and
11
lawfully making use of an audible or visual signal:
12

(1) the driver of every other vehicle shall yield the
13

right-of-way and shall immediately drive to a position
14

parallel to, and as close as possible to, the right-hand
15

edge or curb of the highway clear of any intersection and
16

shall, if necessary to permit the safe passage of the
17

emergency vehicle, stop and remain in such position until
18

the authorized emergency vehicle has passed, unless
19

otherwise directed by a police officer; and
20

(2) the operator of every streetcar shall immediately
21

stop such car clear of any intersection and keep it in such
22

position until the authorized emergency vehicle has
23

passed, unless otherwise directed by a police officer.
24

(b) This Section shall not operate to relieve the driver
25
of an authorized emergency vehicle from the duty to drive with

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1
due regard for the safety of all persons using the highway.
2

(c) Upon approaching a stationary authorized emergency
3
vehicle or emergency scene, when the stationary authorized
4
emergency vehicle is giving a visual signal by displaying
5
oscillating, rotating, or flashing lights as authorized under
6
Section 12-215 of this Code, a person who drives an
7
approaching vehicle shall:
8

(1) proceeding with due caution, yield the
9

right-of-way by making a lane change into a lane not
10

adjacent to that of the authorized emergency vehicle, if
11

possible with due regard to safety and traffic conditions,
12

if on a highway having at least 4 lanes with not less than
13

2 lanes proceeding in the same direction as the
14

approaching vehicle and reduce the speed of the vehicle to
15

a speed that is reasonable and proper with regard to
16

traffic conditions and the use of the highway to avoid a
17

collision and leaving a safe distance until safely past
18

the stationary emergency vehicle; or
19

(2) if changing lanes would be impossible or unsafe,
20

proceeding with due caution, reduce the speed of the
21

vehicle to a speed that is reasonable and proper with
22

regard to traffic conditions and the use of the highway to
23

avoid a collision, maintaining a safe speed for road
24

conditions and leaving a safe distance until safely past
25

the stationary emergency vehicles.
26

The visual signal specified under this subsection (c)

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1
given by a stationary authorized emergency vehicle is an
2
indication to drivers of approaching vehicles that a hazardous
3
condition is present when circumstances are not immediately
4
clear. Drivers of vehicles approaching a stationary authorized
5
emergency vehicle in any lane shall heed the warning of the
6
signal, reduce the speed of the vehicle, proceed with due
7
caution, maintain a safe speed for road conditions, be
8
prepared to stop, and leave a safe distance until safely
9
passed the stationary emergency vehicle.
10

As used in this subsection (c), "authorized emergency
11
vehicle" includes any vehicle authorized by law to be equipped
12
with oscillating, rotating, or flashing lights under Section
13
12-215 of this Code, while the owner or operator of the vehicle
14
is engaged in his or her official duties. As used in this
15
subsection (c), "emergency scene" means a location where a
16
stationary authorized emergency vehicle as defined by herein
17
is present and has activated its oscillating, rotating, or
18
flashing lights.
19

(d) A person who violates subsection (c) of this Section
20
commits a business offense punishable by a fine of not less
21
than $250 or more than $10,000 for a first violation, and a
22
fine of not less than $750 or more than $10,000 for a second or
23
subsequent violation. It is a factor in aggravation if the
24
person committed the offense while in violation of Section
25
11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
26
penalties authorized by this subsection (d) for a violation of

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LRB104 18718 LNS 32161 b
1
subsection (c) of this Section that results in the death of
2
another person does not preclude imposition of appropriate
3
additional civil or criminal penalties. A person who violates
4
subsection (c) and the violation results in damage to another
5
vehicle commits a Class A misdemeanor. A person who violates
6
subsection (c) and the violation results in the injury or
7
death of another person commits a Class 4 felony.
8

(e) If a violation of subsection (c) of this Section
9
results in damage to the property of another person, in
10
addition to any other penalty imposed, the person's driving
11
privileges shall be suspended for a fixed period of not less
12
than 90 days and not more than one year.
13

(f) If a violation of subsection (c) of this Section
14
results in injury to another person, in addition to any other
15
penalty imposed, the person's driving privileges shall be
16
suspended for a fixed period of not less than 180 days and not
17
more than 2 years.
18

(g) If a violation of subsection (c) of this Section
19
results in the death of another person, in addition to any
20
other penalty imposed, the person's driving privileges shall
21
be suspended for 2 years.
22

(h) The Secretary of State shall, upon receiving a record
23
of a judgment entered against a person under subsection (c) of
24
this Section:
25

(1) suspend the person's driving privileges for the
26

mandatory period; or

SB3164 Enrolled
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1

(2) extend the period of an existing suspension by the
2

appropriate mandatory period.
3

(i) The Scott's Law Fund shall be a special fund in the
4
State treasury. Subject to appropriation by the General
5
Assembly and approval by the Director, the Director of the
6
State Police shall use all moneys in the Scott's Law Fund in
7
the Department's discretion to fund the production of
8
materials to educate drivers on approaching stationary
9
authorized emergency vehicles, to hire off-duty Illinois State
10
Police for enforcement of this Section, and for other law
11
enforcement purposes the Director deems necessary in these
12
efforts.
13

(j) For violations of this Section issued by a county or
14
municipal police officer, the assessment shall be deposited
15
into the county's or municipality's Transportation Safety
16
Highway Hire-back Fund. The county shall use the moneys in its
17
Transportation Safety Highway Hire-back Fund to hire off-duty
18
county police officers to monitor construction or maintenance
19
zones in that county on highways other than interstate
20
highways. The county, in its discretion, may also use a
21
portion of the moneys in its Transportation Safety Highway
22
Hire-back Fund to purchase equipment for county law
23
enforcement and fund the production of materials to educate
24
drivers on construction zone safe driving habits and
25
approaching stationary authorized emergency vehicles.
26

(k) In addition to other penalties imposed by this

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1
Section, the court may order a person convicted of a violation
2
of subsection (c) to perform community service as determined
3
by the court.
4
(Source: P.A. 103-667, eff. 1-1-25; 103-711, eff. 1-1-25;
5
104-417, eff. 8-15-25.)

6

(Text of Section after amendment by P.A. 104-400 but
7
before 104-131
)
8

Sec. 11-907.
Operation of vehicles and streetcars on
9
approach of authorized emergency vehicles.
10

(a) Upon the immediate approach of an authorized emergency
11
vehicle making use of audible and visual signals meeting the
12
requirements of this Code or a police vehicle properly and
13
lawfully making use of an audible or visual signal:
14

(1) the driver of every other vehicle shall yield the
15

right-of-way and shall immediately drive to a position
16

parallel to, and as close as possible to, the right-hand
17

edge or curb of the highway clear of any intersection and
18

shall, if necessary to permit the safe passage of the
19

emergency vehicle, stop and remain in such position until
20

the authorized emergency vehicle has passed, unless
21

otherwise directed by a police officer; and
22

(2) the operator of every streetcar shall immediately
23

stop such car clear of any intersection and keep it in such
24

position until the authorized emergency vehicle has
25

passed, unless otherwise directed by a police officer.

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LRB104 18718 LNS 32161 b
1

(b) This Section shall not operate to relieve the driver
2
of an authorized emergency vehicle from the duty to drive with
3
due regard for the safety of all persons using the highway.
4

(c) Upon approaching a stationary authorized emergency
5
vehicle or emergency scene, when the stationary authorized
6
emergency vehicle is giving a visual signal by displaying
7
oscillating, rotating, or flashing lights as authorized under
8
Section 12-215 of this Code, a person who drives an
9
approaching vehicle shall:
10

(1) proceeding with due caution, yield the
11

right-of-way by making a lane change into a lane not
12

adjacent to that of the authorized emergency vehicle, if
13

possible with due regard to safety and traffic conditions,
14

if on a highway having at least 4 lanes with not less than
15

2 lanes proceeding in the same direction as the
16

approaching vehicle and reduce the speed of the vehicle to
17

a speed that is reasonable and proper with regard to
18

traffic conditions and the use of the highway to avoid a
19

collision and leaving a safe distance until safely past
20

the stationary emergency vehicle; or
21

(2) if changing lanes would be impossible or unsafe,
22

proceeding with due caution, reduce the speed of the
23

vehicle to a speed that is reasonable and proper with
24

regard to traffic conditions and the use of the highway to
25

avoid a collision, maintaining a safe speed for road
26

conditions and leaving a safe distance until safely past

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LRB104 18718 LNS 32161 b
1

the stationary emergency vehicles.
2

The visual signal specified under this subsection (c)
3
given by a stationary authorized emergency vehicle is an
4
indication to drivers of approaching vehicles that a hazardous
5
condition is present when circumstances are not immediately
6
clear. Drivers of vehicles approaching a stationary authorized
7
emergency vehicle in any lane shall heed the warning of the
8
signal, reduce the speed of the vehicle, proceed with due
9
caution, maintain a safe speed for road conditions, be
10
prepared to stop, and leave a safe distance until safely
11
passed the stationary emergency vehicle.
12

As used in this subsection (c) and subsection (c-5),
13
"authorized emergency vehicle" includes any vehicle authorized
14
by law to be equipped with oscillating, rotating, or flashing
15
lights under Section 12-215 of this Code, while the owner or
16
operator of the vehicle is engaged in his or her official
17
duties. As used in this subsection (c) and subsection (c-10),
18
"emergency scene" means a location where a stationary
19
authorized emergency vehicle as defined by herein is present
20
and has activated its oscillating, rotating, or flashing
21
lights.
22

(c-5) The driver of a vehicle shall yield the right-of-way
23
to any authorized emergency vehicle obviously and actually
24
engaged in work upon a highway, whether stationary or not, and
25
displaying flashing lights as provided in Section 12-215 of
26
this Act.

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LRB104 18718 LNS 32161 b
1

(c-10) The driver of a vehicle shall yield the
2
right-of-way to an emergency worker obviously and actually
3
engaged in work upon a highway at an emergency scene. The
4
driver of a vehicle shall yield the right-of-way to any
5
pedestrian upon a highway directly involved in the emergency
6
scene.
7

(d) A person who violates subsection (c), (c-5), or
8
(c-10)
,
of this Section commits a business offense punishable
9
by a fine of not less than $250 or more than $10,000 for a
10
first violation, and a fine of not less than $750 or more than
11
$10,000 for a second or subsequent violation. It is a factor in
12
aggravation if the person committed the offense while in
13
violation of Section 11-501, 12-610.1, or 12-610.2 of this
14
Code. Imposition of the penalties authorized by this
15
subsection (d) for a violation of subsection (c)
, (c-5), or
16
(c-10)
of this Section that results in the death of another
17
person does not preclude imposition of appropriate additional
18
civil or criminal penalties. A person who violates subsection
19
(c)
, (c-5), or (c-10)
and the violation results in damage to
20
another vehicle commits a Class A misdemeanor. A person who
21
violates subsection (c)
, (c-5), or (c-10)
and the violation
22
results in the injury or death of another person commits a
23
Class 4 felony.
24

(e) If a violation of subsection (c), (c-5), or (c-10)
,
of
25
this Section results in damage to the property of another
26
person, in addition to any other penalty imposed, the person's

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1
driving privileges shall be suspended for a fixed period of
2
not less than 90 days and not more than one year.
3

(f) If a violation of subsection (c), (c-5), or (c-10)
,
of
4
this Section results in injury to another person, in addition
5
to any other penalty imposed, the person's driving privileges
6
shall be suspended for a fixed period of not less than 180 days
7
and not more than 2 years
, except as provided under paragraph
8
(3) of subsection (a) of Section 6-205
.
9

(g) If a violation of subsection (c), (c-5), or (c-10)
,
of
10
this Section results in the death of another person, in
11
addition to any other penalty imposed, the person's driving
12
privileges shall be suspended for 2 years
, except as provided
13
under paragraph (3) of subsection (a) of Section 6-205
.
14

(h) The Secretary of State shall, upon receiving a record
15
of a judgment entered against a person under subsection (c),
16
(c-5), or (c-10)
,
of this Section:
17

(1) suspend the person's driving privileges for the
18

mandatory period; or
19

(2) extend the period of an existing suspension by the
20

appropriate mandatory period.
21

(i) The Scott's Law Fund shall be a special fund in the
22
State treasury. Subject to appropriation by the General
23
Assembly and approval by the Director, the Director of the
24
State Police shall use all moneys in the Scott's Law Fund in
25
the Department's discretion to fund the production of
26
materials to educate drivers on approaching stationary

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1
authorized emergency vehicles, to hire off-duty Illinois State
2
Police for enforcement of this Section, and for other law
3
enforcement purposes the Director deems necessary in these
4
efforts.
5

(j) For violations of this Section issued by a county or
6
municipal police officer, the assessment shall be deposited
7
into the county's or municipality's Transportation Safety
8
Highway Hire-back Fund. The county shall use the moneys in its
9
Transportation Safety Highway Hire-back Fund to hire off-duty
10
county police officers to monitor construction or maintenance
11
zones in that county on highways other than interstate
12
highways. The county, in its discretion, may also use a
13
portion of the moneys in its Transportation Safety Highway
14
Hire-back Fund to purchase equipment for county law
15
enforcement and fund the production of materials to educate
16
drivers on construction zone safe driving habits and
17
approaching stationary authorized emergency vehicles.
18

(k) In addition to other penalties imposed by this
19
Section, the court may order a person convicted of a violation
20
of subsection (c), (c-5), or (c-10)
,
to perform community
21
service as determined by the court.
22
(Source: P.A. 103-667, eff. 1-1-25; 103-711, eff. 1-1-25;
23
104-400, eff. 6-1-26; 104-417, eff. 8-15-25; revised 9-12-25.)

24

(Text of Section after amendment by P.A. 104-131
)
25

Sec. 11-907.
Operation of vehicles and streetcars on

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1
approach of authorized emergency vehicles.
2

(a) Upon the immediate approach of an authorized emergency
3
vehicle making use of audible and visual signals meeting the
4
requirements of this Code or a police vehicle properly and
5
lawfully making use of an audible or visual signal:
6

(1) the driver of every other vehicle shall yield the
7

right-of-way and shall immediately drive to a position
8

parallel to, and as close as possible to, the right-hand
9

edge or curb of the highway clear of any intersection and
10

shall, if necessary to permit the safe passage of the
11

emergency vehicle, stop and remain in such position until
12

the authorized emergency vehicle has passed, unless
13

otherwise directed by a police officer; and
14

(2) the operator of every streetcar shall immediately
15

stop such car clear of any intersection and keep it in such
16

position until the authorized emergency vehicle has
17

passed, unless otherwise directed by a police officer.
18

(b) This Section shall not operate to relieve the driver
19
of an authorized emergency vehicle from the duty to drive with
20
due regard for the safety of all persons using the highway.
21

(c) Upon approaching a stationary authorized emergency
22
vehicle or emergency scene, when the stationary authorized
23
emergency vehicle is giving a visual signal by displaying
24
oscillating, rotating, or flashing lights as authorized under
25
Section 12-215 of this Code, a person who drives an
26
approaching vehicle shall:

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1

(1) proceeding with due caution, yield the
2

right-of-way by making a lane change into a lane not
3

adjacent to that of the authorized emergency vehicle, if
4

possible with due regard to safety and traffic conditions,
5

if on a highway having at least 4 lanes with not less than
6

2 lanes proceeding in the same direction as the
7

approaching vehicle and reduce the speed of the vehicle to
8

a speed that is reasonable and proper with regard to
9

traffic conditions and the use of the highway to avoid a
10

collision and leaving a safe distance until safely past
11

the stationary emergency vehicle; or
12

(2) if changing lanes would be impossible or unsafe,
13

proceeding with due caution, reduce the speed of the
14

vehicle to a speed that is reasonable and proper with
15

regard to traffic conditions and the use of the highway to
16

avoid a collision, maintaining a safe speed for road
17

conditions and leaving a safe distance until safely past
18

the stationary emergency vehicles.
19

The visual signal specified under this subsection (c)
20
given by a stationary authorized emergency vehicle is an
21
indication to drivers of approaching vehicles that a hazardous
22
condition is present when circumstances are not immediately
23
clear. Drivers of vehicles approaching a stationary authorized
24
emergency vehicle in any lane shall heed the warning of the
25
signal, reduce the speed of the vehicle, proceed with due
26
caution, maintain a safe speed for road conditions, be

SB3164 Enrolled
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LRB104 18718 LNS 32161 b
1
prepared to stop, and leave a safe distance until safely
2
passed the stationary emergency vehicle.
3

As used in this subsection (c) and subsection (c-5),
4
"authorized emergency vehicle" includes any vehicle authorized
5
by law to be equipped with oscillating, rotating, or flashing
6
lights under Section 12-215 of this Code, while the owner or
7
operator of the vehicle is engaged in his or her official
8
duties. As used in this subsection (c) and subsection (c-10),
9
"emergency scene" means a location where a stationary
10
authorized emergency vehicle as defined by herein is present
11
and has activated its oscillating, rotating, or flashing
12
lights.
13

(c-5) The driver of a vehicle shall yield the right-of-way
14
to any authorized emergency vehicle obviously and actually
15
engaged in work upon a highway, whether stationary or not, and
16
displaying flashing lights as provided in Section 12-215 of
17
this Act.
18

(c-10) The driver of a vehicle shall yield the
19
right-of-way to an emergency worker obviously and actually
20
engaged in work upon a highway at an emergency scene. The
21
driver of a vehicle shall yield the right-of-way to any
22
pedestrian upon a highway directly involved in the emergency
23
scene.
24

(d) A person who violates subsection (c), (c-5), or
25
(c-10)
,
of this Section commits a business offense punishable
26
by a fine of not less than $250 or more than $10,000 for a

SB3164 Enrolled
- 71 -
LRB104 18718 LNS 32161 b
1
first violation, and a fine of not less than $750 or more than
2
$10,000 for a second or subsequent violation. It is a factor in
3
aggravation if the person committed the offense while in
4
violation of Section 11-501, 12-610.1, or 12-610.2 of this
5
Code. Imposition of the penalties authorized by this
6
subsection (d) for a violation of subsection (c)
, (c-5), or
7
(c-10)
of this Section that results in the death of another
8
person does not preclude imposition of appropriate additional
9
civil or criminal penalties. A person who violates subsection
10
(c)
, (c-5), or (c-10)
and the violation results in damage to
11
another vehicle commits a Class A misdemeanor. A person who
12
violates subsection (c)
, (c-5), or (c-10)
and the violation
13
results in the injury or death of another person commits a
14
Class 4 felony.
15

(e) If a violation of subsection (c), (c-5), or (c-10)
,
of
16
this Section results in damage to the property of another
17
person, in addition to any other penalty imposed, the person's
18
driving privileges shall be suspended for a fixed period of
19
not less than 90 days and not more than one year.
20

(f) If a violation of subsection (c), (c-5), or (c-10)
,
of
21
this Section results in injury to another person, in addition
22
to any other penalty imposed, the person's driving privileges
23
shall be suspended for a fixed period of not less than 180 days
24
and not more than 2 years
, except as provided under paragraph
25
(3) of subsection (a) of Section 6-205
.
26

(g) If a violation of subsection (c), (c-5), or (c-10)
,
of

SB3164 Enrolled
- 72 -
LRB104 18718 LNS 32161 b
1
this Section results in the death of another person, in
2
addition to any other penalty imposed, the person's driving
3
privileges shall be suspended for 2 years
, except as provided
4
under paragraph (3) of subsection (a) of Section 6-205
.
5

(h) The Secretary of State shall, upon receiving a record
6
of a judgment entered against a person under subsection (c),
7
(c-5), or (c-10)
,
of this Section:
8

(1) suspend the person's driving privileges for the
9

mandatory period; or
10

(2) extend the period of an existing suspension by the
11

appropriate mandatory period.
12

(i) Subject to appropriation by the General Assembly and
13
approval by the Director, the Director of the Illinois State
14
Police shall use moneys in the State Police Operations
15
Assistance Fund in the Department's discretion to fund the
16
production of materials to educate drivers on approaching
17
stationary authorized emergency vehicles, to hire off-duty
18
Illinois State Police personnel for enforcement of this
19
Section, and for other law enforcement purposes the Director
20
deems necessary in these efforts.
21

(j) For violations of this Section issued by a county or
22
municipal police officer, the assessment shall be deposited
23
into the county's or municipality's Transportation Safety
24
Highway Hire-back Fund. The county shall use the moneys in its
25
Transportation Safety Highway Hire-back Fund to hire off-duty
26
county police officers to monitor construction or maintenance

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1
zones in that county on highways other than interstate
2
highways. The county, in its discretion, may also use a
3
portion of the moneys in its Transportation Safety Highway
4
Hire-back Fund to purchase equipment for county law
5
enforcement and fund the production of materials to educate
6
drivers on construction zone safe driving habits and
7
approaching stationary authorized emergency vehicles.
8

(k) In addition to other penalties imposed by this
9
Section, the court may order a person convicted of a violation
10
of subsection (c), (c-5), or (c-10)
,
to perform community
11
service as determined by the court.
12
(Source: P.A. 103-667, eff. 1-1-25; 103-711, eff. 1-1-25;
13
104-131, eff. 9-1-26; 104-400, eff. 6-1-26; 104-417, eff.
14
8-15-25; revised 9-12-25.)

15

(625 ILCS 5/11-1204)

(from Ch. 95 1/2, par. 11-1204)
16

Sec. 11-1204.
Stop and yield signs.
17

(a) Preferential right-of-way at an intersection may be
18
indicated by stop signs or yield signs as authorized in
19
Section 11-302 of this Act.
20

(b) Except when directed to proceed by a police officer or
21
traffic control signal, every driver of a vehicle and every
22
motorman of a streetcar approaching a stop intersection
23
indicated by a stop sign shall stop at a clearly marked stop
24
line, but if none, before entering the crosswalk on the near
25
side of the intersection, or if none, then at the point nearest

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1
the intersection roadway where the driver has a view of
2
approaching traffic on the intersecting roadway before
3
entering the intersection.
4

(c) The driver of a vehicle approaching a yield sign if
5
required for safety to stop shall stop
at a clearly marked stop
6
line, but if none, before entering the crosswalk on the near
7
side of the intersection, or if none,

b
efore entering the
8
crosswalk on the near side of the intersection or, in the event
9
there is no crosswalk, at a clearly marked stop line, but if

10
none,
then at the point nearest the intersecting roadway where
11
the driver has a view of approaching traffic on the
12
intersecting roadway.
13
(Source: P.A. 103-706, eff. 1-1-25
.)

14

(625 ILCS 5/11-1403.2)

(from Ch. 95 1/2, par. 11-1403.2)
15

Sec. 11-1403.2.
Operating a motorcycle, motor driven
16
cycle, or moped on one wheel; aggravated operating a
17
motorcycle, motor driven cycle, or moped on one wheel.
18

(a) No person shall operate a motorcycle, motor driven
19
cycle, or moped on one wheel.
20

(b) Aggravated operating a motorcycle, motor driven cycle,
21
or moped on one wheel. A person commits aggravated operating a
22
motorcycle, motor driven cycle, or moped on one wheel when he
23
or she violates subsection (a) of this Section while
24
committing a violation of subsection (b) of Section 11-601
,

or

25
Section 11-601.5
, 11-605, or 11-605.1
of this Code. A

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1
violation of this subsection is a petty offense with a minimum
2
fine of $100, except a second conviction of a violation of this
3
subsection is a Class B misdemeanor and a third or subsequent
4
conviction of a violation of this subsection is a Class A
5
misdemeanor.
6
(Source: P.A. 103-706, eff. 1-1-25
.)

7

(625 ILCS 5/12-201)

(from Ch. 95 1/2, par. 12-201)
8

Sec. 12-201.
When lighted lamps are required.
9

(a) When operated upon any highway in this State, every
10
motorcycle shall at all times exhibit at least one lighted
11
lamp, showing a white light
, including that emitted by a high
12
intensity discharge (HID) lamp, or a light of a yellow or amber
13
tint
visible for at least 500 feet in the direction the
14
motorcycle is proceeding. However, in lieu of such lighted
15
lamp, a motorcycle may be equipped with and use a means of
16
modulating the upper beam of the head lamp between high and a
17
lower brightness. No such head lamp shall be modulated, except
18
to otherwise comply with this Code, during times when lighted
19
lamps are required for other motor vehicles.
20

(b) All other motor vehicles shall exhibit at least 2
21
lighted head lamps, with at least one on each side of the
22
frontmost of the vehicle, which satisfy United States
23
Department of Transportation requirements, as set forth in 49
24
CFR 571.108, showing white lights, including that emitted by
25
high intensity discharge (HID) lamps, or lights of a yellow or

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1
amber tint, during the period from sunset to sunrise, at times
2
when rain, snow, fog, or other atmospheric conditions require
3
the use of windshield wipers, and at any other times when, due
4
to insufficient light or unfavorable atmospheric conditions,
5
persons and vehicles on the highway are not clearly
6
discernible at a distance of 1000 feet. Parking lamps may be
7
used in addition to but not in lieu of such head lamps. Every
8
motor vehicle, trailer, or semi-trailer shall also exhibit at
9
least 2 lighted lamps, commonly known as tail lamps, which
10
shall be mounted on the left rearmost and right rearmost of the
11
vehicle so as to throw a red light visible for at least 500
12
feet in the reverse direction, except that a truck tractor or
13
road tractor manufactured before January 1, 1968 and all
14
motorcycles need be equipped with only one such tail lamp.
15

(c) Either a tail lamp or a separate lamp shall be so
16
constructed and placed as to illuminate with a white light a
17
rear registration plate when required and render it clearly
18
legible from a distance of 50 feet to the rear. Any tail lamp
19
or tail lamps, together with any separate lamp or lamps for
20
illuminating a rear registration plate, shall be so wired as
21
to be lighted whenever the head lamps or auxiliary driving
22
lamps are lighted.
23

(d) A person shall install only head lamps that satisfy
24
United States Department of Transportation regulations, as set
25
forth in 49 CFR 571.108, and show white light, including that
26
emitted by HID lamps, or light of a yellow or amber tint for

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1
use by a motor vehicle.
2

(e) (Blank).
3
(Source: P.A. 103-706, eff. 1-1-25
.)

4

Section 95.
No acceleration or delay.
Where this Act makes
5
changes in a statute that is represented in this Act by text
6
that is not yet or no longer in effect (for example, a Section
7
represented by multiple versions), the use of that text does
8
not accelerate or delay the taking effect of (i) the changes
9
made by this Act or (ii) provisions derived from any other
10
Public Act.

11

Section 99.
Effective date.
This Act takes effect upon
12
becoming law.

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