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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
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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
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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
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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);
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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
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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
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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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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;
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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
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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
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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.
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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
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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
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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
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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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1 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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1 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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1 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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1 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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1 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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1 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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1 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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1 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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1 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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1 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
SB3164 Enrolled - 32 - LRB104 18718 LNS 32161 b
1 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
SB3164 Enrolled - 36 - LRB104 18718 LNS 32161 b
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
SB3164 Enrolled - 37 - LRB104 18718 LNS 32161 b
1 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
SB3164 Enrolled - 39 - LRB104 18718 LNS 32161 b
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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1 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
SB3164 Enrolled - 41 - LRB104 18718 LNS 32161 b
1 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
SB3164 Enrolled - 42 - LRB104 18718 LNS 32161 b
1 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 .
SB3164 Enrolled - 43 - LRB104 18718 LNS 32161 b
1 (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
SB3164 Enrolled - 44 - LRB104 18718 LNS 32161 b
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
SB3164 Enrolled - 46 - LRB104 18718 LNS 32161 b
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
SB3164 Enrolled - 48 - LRB104 18718 LNS 32161 b
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
SB3164 Enrolled - 49 - LRB104 18718 LNS 32161 b
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
SB3164 Enrolled - 53 - LRB104 18718 LNS 32161 b
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
SB3164 Enrolled - 54 - LRB104 18718 LNS 32161 b
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.
SB3164 Enrolled - 55 - LRB104 18718 LNS 32161 b
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,
SB3164 Enrolled - 56 - LRB104 18718 LNS 32161 b
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
SB3164 Enrolled - 58 - LRB104 18718 LNS 32161 b
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
SB3164 Enrolled - 60 - 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 - 61 - LRB104 18718 LNS 32161 b
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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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
SB3164 Enrolled - 64 - 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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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 - 66 - 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
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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
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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:
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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
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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
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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
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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, before 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.Every fact on this page links to its source, starting with the official bill record.