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Illinois General Assembly· HB 4948Governor Approved

INTELL SPEED ASSIST PROGRAM, the official text

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HB4948 Enrolled                       LRB104 18443 LNS 31885 b

1   AN ACT concerning transportation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The State Finance Act is amended by adding

5 Sections 5.1038 and 5.1039 as follows:

6   (30 ILCS 105/5.1038 new)

7   Sec. 5.1038. The Indigent Intelligent Speed Assistance

8 Device Fund.

9   (30 ILCS 105/5.1039 new)

10  Sec. 5.1039. The Intelligent Speed Assistance Permit Fee

11 Fund.

12  Section 10. The Illinois Vehicle Code is amended by

13 changing Section 6-208 and by adding Section 6-206.3 as

14 follows:

15  (625 ILCS 5/6-206.3 new)

16  Sec. 6-206.3. Intelligent Speed Assistance Program;

17 Intelligent Speed Assistance Permit.

18  (a) The General Assembly finds that:

19        (1) speeding is a contributing factor in approximately

20  29% of all traffic fatalities in the United States,
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1   resulting in over 12,000 deaths annually, as documented by

2   the National Highway Traffic Safety Administration;

3   (2) traditional enforcement methods, including fines,

4   license points, and suspensions, have proven insufficient

5   to deter the most dangerous repeat speeders;

6   (3) approximately 75% of drivers with suspended

7   licenses continue to drive, creating ongoing public safety

8   risks, as documented in research published by the National

9   Cooperative Highway Research Program;

10  (4) intelligent speed assistance technology provides a

11  proven, cost-effective alternative to license suspension

12  that maintains individual mobility while protecting public

13  safety;

14  (5) intelligent speed assistance technology has

15  demonstrated significant safety benefits in municipal

16  fleet pilot programs, including a 64% reduction in

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

18  New York City Department of Citywide Administrative

19  Services in partnership with the United States Department

20  of Transportation Volpe National Transportation Systems

21  Center; and

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

23  to intelligent speed assistance requirements in one

24  jurisdiction frequently operate vehicles in other

25  jurisdictions.

26  (b) The purposes of this Section are to:
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1        (1) establish a uniform Intelligent Speed Assistance

2   Program applicable to repeat and egregious speed

3   violators;

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

5   suspension that maintains mobility while ensuring public

6   safety;

7        (3) create uniform violation standards and Program

8   requirements to ensure continuity when participants travel

9   or relocate between jurisdictions;

10       (4) establish clear lines of authority for Program

11  administration and enforcement;

12       (5) protect participant privacy while enabling

13  necessary data sharing for Program integrity;

14       (6) ensure Program sustainability through

15  participant-funded cost recovery;

16       (7) enable interstate reciprocity and data exchange;

17  and

18       (8) establish uniform penalties for tampering and

19  noncompliance.

20  (c) As used in this Section:

21  "Active intelligent speed assistance device" or

22 "intelligent speed assistance device" means an aftermarket

23 device that actively prevents a motor vehicle from exceeding

24 the applicable speed limit and does not interact with the

25 braking system and is installed in or integrated with a motor

26 vehicle that determines the applicable speed limit and
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1 prevents the vehicle from exceeding that limit, excluding

2 dynamic speed zones, using technology such as, but not limited

3 to, integrated location-based technology, digital mapping

4 data, or camera-based sign recognition. "Active intelligent

5 speed assistance device" or "intelligent speed assistance

6 device" includes all necessary components for installation,

7 operation, monitoring, and data transmission.

8   "Approved service provider" or "service provider" means a

9 person, firm, or business entity certified by the Secretary of

10 State to install, service, tune, monitor, and remove active

11 intelligent speed assistance devices in accordance with

12 standards established under this Section.

13  "Driver record" means the record maintained by the

14 Secretary of State or obtained from another jurisdiction

15 through the National Driver Register, the Commercial Driver

16 License Information System, or the State-to-State Verification

17 Service containing information about a person's driver

18 history, including convictions, restrictions, and suspensions.

19  "Dynamic speed zone" means an area where speed limits are

20 adjusted based upon certain conditions.

21  "Enrollment" means the date an intelligent speed

22 assistance device is installed after an Intelligent Speed

23 Assistance Permit is issued.

24  "Failure to maintain" means the participant's failure to

25 keep the active intelligent speed assistance device in proper

26 working order at all times, including, but not limited to, any
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1 loss of device power for 24 continuous hours or more or any

2 device lockout.

3   "Intelligent Speed Assistance Permit" or "Permit" means a

4 permit issued to a participant in the Intelligent Speed

5 Assistance Program that allows the participant to drive only

6 vehicles equipped with an active intelligent speed assistance

7 device.

8   "Intelligent Speed Assistance Program" or "Program" means

9 the Intelligent Speed Assistance Program established under

10 this Section.

11  "Participant" means a person who elects to install or is

12 required to install an active intelligent speed assistance

13 device upon suspension of the person's driver's license for

14 conviction of 2 qualifying offenses in a 12-month period and

15 who is restricted to operating only vehicles equipped with an

16 active intelligent speed assistance device under this Section.

17  "Participating jurisdiction" means any state, territory,

18 or the District of Columbia that has enacted substantially

19 similar legislation to this Section.

20  "Program violation" means tampering with, circumventing,

21 unauthorized removal of the device, or other activities as

22 defined by the Secretary of State.

23  "Qualifying offense" means a conviction of a violation of

24 Section 11-601.5 for driving 26 miles per hour or more in

25 excess of the applicable speed limit or a similar conviction

26 in another jurisdiction.
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1   "Tamper" means any act intended to disable, circumvent, or

2 interfere with the proper operation of an active intelligent

3 speed assistance device, including, but not limited to,

4 unauthorized removal, physically damaging the device,

5 disconnecting electrical connections, installing signal

6 jammers or GPS blockers, or altering or manipulating software.

7   "Tune" means the process by which the intelligent speed

8 assistance device acquires vehicle data necessary for proper

9 functionality.

10  (d) The Secretary of State shall administer the

11 Intelligent Speed Assistance Program and shall:

12  (1) establish a method for active intelligent speed

13  assistance device approval;

14  (2) approve service providers;

15  (3) maintain records of all Program participants;

16  (4) coordinate with courts and law enforcement

17  regarding participant enrollment and compliance;

18  (5) exchange participant data with other participating

19  jurisdictions; and

20  (6) establish procedures for Program requirements.

21  (e) The Secretary shall suspend the driver's license or

22 driving privileges of a driver who commits 2 qualifying

23 offenses within a 12-month period as follows:

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

25  Secretary for a first suspension under this Section. The

26  Secretary shall notify the driver that if the driver
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1   enrolls in the Program and successfully drives on a Permit

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

3   suspension will terminate.

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

5   or privileges are suspended for a second time under this

6   Section that the suspension shall remain in effect until

7   the driver enrolls in the Program and successfully drives

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

9   Program.

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

11  or privileges has been suspended for a third or subsequent

12  time under this Section that the suspension shall remain

13  in effect until the driver enrolls in the Program and

14  successfully drives on a Permit for 24 months without a

15  violation of the Program.

16  A driver who elects to participate in the Program shall

17 return the application to the Secretary. A driver who is

18 required to participate in the Program shall return the

19 application to the Secretary within 14 days of the effective

20 date of the suspension of the person's license or privileges.

21 A Permit shall not be issued if the Secretary finds that the

22 participant's driver's license is otherwise invalid or death

23 resulted from one of the qualifying offenses.

24  The participant shall have 14 days from the date the

25 Permit is issued to have an active intelligent speed

26 assistance device installed by an approved service provider.
    HB4948 Enrolled           -8-  LRB104 18443 LNS 31885 b

1 An approved service provider shall provide proof of

2 installation to the Secretary within 14 days in a manner and

3 form prescribed by the Secretary. If the Secretary does not

4 receive notice of installation, the Secretary shall cancel the

5 Permit.

6   A participant in the Program must pay the Secretary a

7 Permit administration fee in an amount not to exceed $30 per

8 month, to be deposited into the Intelligent Speed Assistance

9 Permit Fee Fund.

10  (f) A Permit shall be cancelled if the participant

11 uninstalls the active intelligent speed assistance device

12 without prior authorization from the Secretary.

13  (g) The Secretary shall record the following data to the

14 driver record:

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

16  driver's license number;

17         (2) the participant's qualifying offenses;

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

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

20  (h) A person issued a Permit may drive for any purpose and

21 at any time, subject to the rules adopted by the Secretary

22 under subsection (r). The person must, at his or her own

23 expense, drive only vehicles equipped with an active

24 intelligent speed assistance device, but in no event shall the

25 person drive a commercial motor vehicle.

26  (i) The Secretary shall recognize and enforce minimum
    HB4948 Enrolled    -9-           LRB104 18443 LNS 31885 b

1 enrollment periods imposed by a participating jurisdiction if

2 both states are participating jurisdictions.

3   (j) A participant who is issued a Permit and must drive

4 employer-owned vehicles in the course of the participant's

5 employment duties may seek permission to drive an

6 employer-owned vehicle that does not have an active

7 intelligent speed assistance device. The employer shall

8 provide to the Secretary a form, as prescribed by the

9 Secretary, completed by the employer verifying that the

10 employee must drive an employer-owned vehicle in the course of

11 employment. If approved by the Secretary, the form must be in

12 the participant's possession while operating an employer-owned

13 vehicle not equipped with an active intelligent speed

14 assistance device.

15  This exemption does not apply to a participant to allow

16 the participant:

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

18  designed to transport more than 15 passengers, or a

19  commercial motor vehicle;

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

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

22  participant or by a family member of the participant;

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

24  available to the participant for personal use; or

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

26  hours per day, 6 days per week.
    HB4948 Enrolled  - 10 - LRB104 18443 LNS 31885 b

1   (k) The Indigent Intelligent Speed Assistance Device Fund

2 is created as a special fund in the State treasury. If the

3 Secretary determines that a participant is indigent, the

4 Secretary shall provide the participant with a written

5 document as evidence of that determination, and the

6 participant shall provide that written document to an approved

7 service provider. The service provider shall install an active

8 intelligent speed assistance device on the participant's

9 vehicle without charge to the participant, and seek

10 reimbursement from the Indigent Intelligent Speed Assistance

11 Device Fund.

12  If the Secretary has deemed a participant indigent, the

13 service provider shall also provide the normal monthly

14 monitoring services and the uninstallation without charge to

15 the participant and seek reimbursement from the Indigent

16 Intelligent Speed Assistance Device Fund. Any other monetary

17 charges shall be the responsibility of the participant. A

18 service provider may not seek a security deposit from the

19 Indigent Intelligent Speed Assistance Device Fund.

20  (l) A service provider shall, for each active intelligent

21 speed assistance device, pay 5% of the total gross revenue

22 received for the intelligent speed assistance device,

23 including monthly monitoring fees, into the Indigent

24 Intelligent Speed Assistance Device Fund. This 5% shall be

25 clearly indicated as a separate surcharge on each invoice that

26 is issued. The Secretary shall conduct an annual review of the
    HB4948 Enrolled  - 11 - LRB104 18443 LNS 31885 b

1 Indigent Intelligent Speed Assistance Device Fund to determine

2 whether the surcharge is sufficient to provide for indigent

3 participants. The Secretary may increase or decrease this

4 surcharge requirement as needed. The Secretary shall, subject

5 to appropriation by the General Assembly, use all money in the

6 Indigent Intelligent Speed Assistance Device Fund to reimburse

7 service providers who have installed devices in vehicles of

8 indigent participants. The Secretary shall make payments to

9 the service providers every 3 months. If the amount of money in

10 the Indigent Intelligent Speed Assistance Device Fund at the

11 time payments are made is not sufficient to pay all requests

12 for reimbursement submitted during that 3-month period, the

13 Secretary shall make payments on a pro rata basis, and those

14 payments shall be considered payment in full for the requests

15 submitted. If the amount of money in the Indigent Intelligent

16 Speed Assistance Device Fund exceeds the amount necessary to

17 pay all requests for reimbursement during that 3-month period,

18 the excess amount shall remain in the Indigent Intelligent

19 Speed Assistance Device Fund. At the end of the fiscal year,

20 the excess amount shall be transferred to the Intelligent

21 Speed Assistance Permit Fee Fund.

22  (m) Upon making a determination that a violation of the

23 requirements of the Program has occurred, the Secretary shall,

24 if the participant's driver's license is suspended, extend the

25 participant's enrollment in the Program for 90 days. If the

26 driver's license suspension has already terminated prior to
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1 the Secretary receiving the monitoring report that shows a

2 violation of the Program, the Secretary is authorized to

3 suspend the person's driving privileges for 90 days.

4   (n) If a person subject to intelligent speed assistance

5 program requirements in another participating jurisdiction

6 establishes legal residence in this State:

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

8   State's Program;

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

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

11  Program;

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

13  period shall continue uninterrupted;

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

15  person's participating jurisdiction intelligent speed

16  assistance program status as part of establishing

17  residence;

18  (5) the Secretary shall assume administrative

19  responsibility for the participant;

20  (6) the enrollment period and all Program requirements

21  shall continue without interruption;

22  (7) the participant shall verify that the

23  participant's active intelligent speed assistance device

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

25  a compliant intelligent speed assistance device; and

26  (8) the Secretary shall issue a Permit with an S
    HB4948 Enrolled             - 13 - LRB104 18443 LNS 31885 b

1   license restriction code to the Program participant.

2   (o) If a participant relocates to a nonparticipating

3 jurisdiction and establishes residency:

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

5   the Program, the Secretary shall immediately cancel the

6   participant's Permit and the participant shall be required

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

8   under subsection (e);

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

10  Program, the Secretary shall immediately cancel the

11  participant's Permit, the suspension imposed under

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

13  impose a suspension for the period during which the driver

14  is required to use an active intelligent speed assistance

15  device.

16  A participant shall be given credit for any time served on

17 the suspension imposed under subsection (e) prior to the

18 cancellation of the Permit.

19  (p) Participating jurisdictions shall exchange the

20 following information about participants:

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

22  number;

23  (2) the qualifying offenses and conviction dates;

24  (3) Program enrollment date and scheduled completion

25  date;

26  (4) the number of qualifying offenses;
    HB4948 Enrolled         - 14 - LRB104 18443 LNS 31885 b

1        (5) the history of Program enrollment; and

2        (6) Program violations.

3   All interstate data exchanges shall use secure

4 transmission protocols, comply with all applicable federal and

5 State privacy laws, and be limited to information necessary

6 for Program administration and public safety.

7   (q) Service providers shall only collect the following

8 data:

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

10  license number;

11       (2) the intelligent speed assistance device

12  identification number;

13       (3) the vehicle identification number;

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

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

16       (6) the vehicle speed;

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

18  duration;

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

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

21  for compliance verification, not for general location

22  tracking.

23  A service provider shall retain Program participation data

24 specified in paragraphs (1) through (3) for the duration of

25 Program participation or any period as defined by the

26 Secretary and in compliance with State laws and rules. A
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1 service provider shall retain Program participation data

2 specified in paragraphs (4) through (9) for 30 days from the

3 date the data was collected or any period as defined by the

4 Secretary and in compliance with State laws and rules and must

5 securely delete or dispose of the data upon expiration of the

6 30-day period. Except as necessary to administer the Program,

7 which includes providing Program participation data specified

8 in paragraphs (1) through (9) of this subsection to the

9 Secretary, a service provider in possession of Program

10 participation data specified in paragraphs (1) through (9)

11 shall not otherwise disclose, sell, share, allow access to, or

12 otherwise disseminate the data.

13  (r) The Secretary may adopt rules necessary to implement

14 the Program, in consultation with the Illinois State Police,

15 including, but not limited to:

16  (1) specifications and technical standards for active

17  intelligent speed assistance devices, including minimum

18  intelligent speed assistance device capabilities,

19  including the speed the vehicle is limited to relative to

20  the speed limit and law enforcement verification

21  protocols;

22  (2) standards and procedures for approved service

23  providers;

24  (3) active intelligent speed assistance device

25  installation, transfer, inspection, including inspection

26  by law enforcement, or removal;
    HB4948 Enrolled  - 16 - LRB104 18443 LNS 31885 b

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

2   (5) procedures for interstate data exchange;

3   (6) indigent qualifications;

4   (7) compliance monitoring and violation reporting;

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

6   (9) procedures for the Secretary to provide

7   Intelligent Speed Assistance data to law enforcement when

8   the Intelligent Speed Assistance Permit holder is involved

9   in a traffic crash while operating a motor vehicle

10  equipped with an Intelligent Speed Assistance device.

11  (s) The Intelligent Speed Assistance Permit Fee Fund is

12 created as a special fund in the State treasury. The Secretary

13 shall, subject to appropriation by the General Assembly, use

14 the money paid into the Intelligent Speed Assistance Permit

15 Fee Fund to offset its administrative costs for administering

16 Intelligent Speed Assistance Permits.

17  (t) It is unlawful for any person whose driving privilege

18 is restricted by being prohibited from operating a motor

19 vehicle not equipped with an intelligent speed assistance

20 device to operate a motor vehicle not equipped with an

21 intelligent speed assistance device.

22  (u) It is unlawful to tamper with or circumvent an

23 intelligent speed assistance device.

24  (v) A person convicted of violation of subsection (t) or

25 (u) is guilty of a Class A misdemeanor.
    HB4948 Enrolled  - 17 - LRB104 18443 LNS 31885 b

1   (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)

2   Sec. 6-208. Period of suspension - application after

3 revocation.

4   (a) Except as otherwise provided by this Code or any other

5 law of this State, the Secretary of State shall not suspend a

6 driver's license, permit, or privilege to drive a motor

7 vehicle on the highways for a period of more than one year.

8   (b) Any person whose license, permit, or privilege to

9 drive a motor vehicle on the highways has been revoked shall

10 not be entitled to have such license, permit, or privilege

11 renewed or restored. However, such person may, except as

12 provided under subsections (d) and (d-5) of Section 6-205,

13 make application for a license pursuant to Section 6-106 (i)

14 if the revocation was for a cause that has been removed or (ii)

15 as provided in the following subparagraphs:

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

17  4, and 5, the person may make application for a license (A)

18  after the expiration of one year from the effective date

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

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

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

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

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

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

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

26  reckless homicide or a violation of subparagraph (F) of
    HB4948 Enrolled          - 18 - LRB104 18443 LNS 31885 b

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

2   Code relating to aggravated driving under the influence of

3   alcohol, other drug or drugs, intoxicating compound or

4   compounds, or any combination thereof, if the violation

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

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

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

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

9   of this Code, whichever is later.

10  1.3. If the person is convicted of a second or

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

12  similar provision of a local ordinance or a similar

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

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

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

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

17  combination of these offenses, arising out of separate

18  occurrences, that person may not make application for a

19  driver's license until:

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

21  driving permit by the Secretary of State; and

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

23  less than 5 years following the issuance of the

24  restricted driving permit during which the person's

25  restricted driving permit is not suspended, cancelled,

26  or revoked for a violation of any provision of law, or
    HB4948 Enrolled          - 19 - LRB104 18443 LNS 31885 b

1   any rule or regulation of the Secretary of State

2   relating to the required use of an ignition interlock

3   device.

4   1.5. If the person is convicted of a violation of

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

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

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

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

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

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

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

12  date of the conviction.

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

14  violation within a 20-year period of:

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

16  provision of a local ordinance;

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

18  or a similar provision of a local ordinance;

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

20  Criminal Code of 2012, relating to the offense of

21  reckless homicide; or

22  (D) any combination of the above offenses

23  committed at different instances;

24  then such person may not make application for a license

25  until after the expiration of 5 years from the effective

26  date of the most recent revocation. The 20-year period
    HB4948 Enrolled  - 20 - LRB104 18443 LNS 31885 b

1   shall be computed by using the dates the offenses were

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

3   offenses and similar offenses committed on a military

4   installation.

5   2.5. If a person is convicted of a second violation of

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

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

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

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

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

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

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

13  date of release from a term of imprisonment.

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

15  such person is convicted of committing a third violation

16  or any combination of the above offenses, including

17  similar out-of-state offenses and similar offenses

18  committed on a military installation, contained in

19  subparagraph 2, then such person may not make application

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

21  the effective date of the most recent revocation.

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

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

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

25  person may not make application for a license if the

26  person is convicted of committing a fourth or subsequent
    HB4948 Enrolled         - 21 - LRB104 18443 LNS 31885 b

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

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

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

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

5   similar provisions of local ordinances, similar

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

7   military installation.

8       4.5. A bona fide resident of a foreign jurisdiction

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

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

11  revocation after a period of 10 years from the effective

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

13  who has been granted a termination of revocation under

14  this subparagraph 4.5 subsequently becomes a resident of

15  this State, the revocation shall be reinstated and the

16  person shall be subject to the provisions of subparagraph

17  4.

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

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

20  subsequent violation of Section 6-303 of this Code

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

22  privilege was revoked because of a violation of Section

23  9-3 of the Criminal Code of 1961 or the Criminal Code of

24  2012, relating to the offense of reckless homicide, or a

25  similar provision of a law of another state.

26      6. If the person's driving privilege is revoked under
    HB4948 Enrolled  - 22 - LRB104 18443 LNS 31885 b

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

2   the driver was convicted of a violation of Section

3   11-601.5, that person may not make application for a

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

5   restricted driving permit requiring the use of an

6   intelligent speed assistance device by the Secretary of

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

8   enrolled in the Intelligent Speed Assistance Program, the

9   expiration of not less than 365 days following the

10  issuance of a restricted driving permit requiring the use

11  of an intelligent speed assistance device during which the

12  person's restricted driving permit is not suspended,

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

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

15  limited to, a violation of the intelligent speed

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

17  enrolled in the Intelligent Speed Assistance Program one

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

19  the issuance of a restricted driving permit requiring the

20  use of an intelligent speed assistance device during which

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

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

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

24  limited to, a violation of the intelligent speed

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

26  been enrolled in the Intelligent Speed Assistance Program
    HB4948 Enrolled        - 23 - LRB104 18443 LNS 31885 b

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

2   the issuance of a restricted driving permit requiring the

3   use of an intelligent speed assistance device during which

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

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

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

7   limited to, a violation of the intelligent speed

8   assistance device.

9   Notwithstanding any other provision of this Code, all

10 persons referred to in this paragraph (b) may not have their

11 privileges restored until the Secretary receives payment of

12 the required reinstatement fee pursuant to subsection (b) of

13 Section 6-118.

14  In no event shall the Secretary issue such license unless

15 and until such person has had a hearing pursuant to this Code

16 and the appropriate administrative rules and the Secretary is

17 satisfied, after a review or investigation of such person,

18 that to grant the privilege of driving a motor vehicle on the

19 highways will not endanger the public safety or welfare.

20  (c) (Blank).

21 (Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16;

22 99-642, eff. 7-28-16.)

23  Section 99. Effective date. This Act takes effect January

24 1, 2028.
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