Section 1040.32 Suspension or Revocation of Driver's Licenses, Permits or Identification Cards Used Fraudulently

Section 1040.32  Suspension

or Revocation of Driver's Licenses, Permits or Identification Cards Used

Fraudulently

a)         The Secretary of State has discretionary authority to suspend

or revoke the driving privileges of any person upon receipt of evidence that

the person has committed one or more of the following offenses listed in IVC

Section 6-206.

1)         If any person has permitted an unlawful use of a driver's

license, identification card, or permit by allowing another person to use any

license, identification card or permit, the Department shall take the following

action pursuant to IVC Section 6-206(a)(5):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

2)         If any person has made a false statement or made any false

affidavit or has knowingly concealed or affirmed falsely to a material fact or

used false information or identification in an application for a driver's

license, identification card or permit, the Department shall take the following

action pursuant to IVC Section 6-206(a)(9):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense with

open or pending revocation

Revocation

2

nd

or subsequent

Offense

Revocation; or

3)         If any person has possessed, displayed or attempted to

fraudulently use any driver's license, identification card, or permit not

issued to that person, the Department shall take the following action pursuant

to IVC Section 6-206(a)(10):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

4)         If any person has submitted to any portion of the application

process for another person or has obtained the services of another person to

submit to any portion of the application process for the purpose of obtaining a

driver's license, identification card or permit for some other person, the

Department s

n or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

4)         If any person has submitted to any portion of the application

process for another person or has obtained the services of another person to

submit to any portion of the application process for the purpose of obtaining a

driver's license, identification card or permit for some other person, the

Department shall take the following action pursuant to IVC Section 6-206(a)(12):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

5)         If any person has violated IVC Section 6-301, 6-301.1 or

6-301.2 or Section 14, 14A or 14B of the Illinois Identification Card Act [15

ILCS 335/14, 14A or 14B], the Department shall take action appropriate for the

violation committed pursuant to IVC Section 6-206.

A)        Unlawful use of driver's license, permit or identification

card:  If any person has displayed or caused to be displayed or had in his

possession any cancelled, revoked or suspended driver's license, permit or

identification card; allowed unlawful use of driver's license, permit or

identification card; lent his driver's license, permit or identification card

to any other person or knowingly allowed the use thereof by another; or

displayed or represented as his own any driver's license, permit or

identification card issued to another, the Department shall take the following

action pursuant to IVC Section 6-301 or Section 14 of the Illinois

Identification Card Act:

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

B)        Fictitious or unlawfully altered driver's license,

identification card or permit:  If any person has knowingly possessed or

displayed any fictitious or unlawfully altered driver's license, identification

card or permit; knowingly issued or assisted in the issuance of a

onth Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

B)        Fictitious or unlawfully altered driver's license,

identification card or permit:  If any person has knowingly possessed or

displayed any fictitious or unlawfully altered driver's license, identification

card or permit; knowingly issued or assisted in the issuance of a fictitious

driver's license, identification card or permit; or knowingly manufactured,

possessed, transferred or provided any identification document for the purpose

of obtaining a fictitious driver's license, identification card or permit, the

Department shall take the following action pursuant to IVC Section 6-301.1 or

Section 14 of the Illinois Identification Card Act:

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

C)        Fraudulent driver's license or permit:  If any person has

committed a violation of IVC Section 6-301.2(b)(1) through (6), (11) or (12) or

Section 14B(b)(1) through (6) of the Illinois Identification Card Act, the

Department shall take the following action pursuant to IVC Section 6-206(a)(14):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

D)        Fraudulent

driver's license or permit:  If any person has committed a violation of IVC

Section 6-301.2(b)(7) through (10) or Section 14B(b)(7) through (10) of the

Illinois Identification Card Act, the Department shall take the following

action pursuant to IVC Section 6-206(a)(14):

ACTION TABLE

Offenses

Action

1

st

or subsequent Offense

Revocation; or

6)         If any person has permitted another person to use any form of

that person's identification in the application process to obtain a driver's

license, identification card, or permit, the Department shall take the

following action pursuant to IVC Section

ake the following

action pursuant to IVC Section 6-206(a)(14):

ACTION TABLE

Offenses

Action

1

st

or subsequent Offense

Revocation; or

6)         If any person has permitted another person to use any form of

that person's identification in the application process to obtain a driver's

license, identification card, or permit, the Department shall take the

following action pursuant to IVC Section 6-206(a)(25):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

7)         If any person has unlawfully altered or attempted to alter or possessed

an altered driver's license, identification card, or permit, the Department

shall take the following action pursuant to IVC Section 6-206(a)(26):

ACTION TABLE

Offenses

Action

1

st

Offense

12-month Suspension

1

st

Offense (with

open or pending revocation)

Revocation

2

nd

or subsequent

Offense

Revocation; or

8)         If any person has been convicted of violating Section 6-20(c)

of the Liquor Control Act of 1934, and the person was an occupant of a motor

vehicle at the time of the violation, the Department shall take the following

action pursuant to IVC Section 6-206(a)(38):

ACTION TABLE

Convictions

Action

1

st

Conviction

12-month Suspension

1

st

Conviction

(with open or pending revocation)

Revocation

2

nd

or subsequent Conviction

Revocation; or

9)         If a person has been convicted of violating Section

10-15(b) or 10-20(b) of the Cannabis Regulation and Tax Act, the Department

shall take the following action pursuant to the IVC Section 6-206(a)(52):

ACTION TABLE

Convictions

Action

1

st

Conviction

12-month Suspension

1

st

Conviction (with open or pending

revocation)

Revocation

2

nd

or subsequent Conviction

Revocation.

b)         The sources of acceptable proof of the offenses described in subsection

b) or 10-20(b) of the Cannabis Regulation and Tax Act, the Department

shall take the following action pursuant to the IVC Section 6-206(a)(52):

ACTION TABLE

Convictions

Action

1

st

Conviction

12-month Suspension

1

st

Conviction (with open or pending

revocation)

Revocation

2

nd

or subsequent Conviction

Revocation.

b)         The sources of acceptable proof of the offenses described in subsection

(a) are court documents, driver services facility applications, government

entity documents, and law enforcement correspondence/reports.

c)         Persons who have applied for federal amnesty pursuant to the

Immigration Reform and Control Act of 1986 (P.L. 99-603) shall not be suspended

or revoked under subsection (a) if they show proof to the Department that they

have applied for federal amnesty, unless they are otherwise ineligible to be

licensed as drivers or granted a permit, as provided by IVC Section 6-103.

Proof shall be the application documents for federal amnesty issued by the U.S.

Citizenship and Immigration Services verifying that the individual has applied

for federal amnesty.  If an individual seeking federal amnesty has previously

been found by the Department to be in violation of this Section or if the

Department receives a report from individuals or agencies listed in subsection

(b) that a person applying for federal amnesty has been convicted of committing

a criminal act involving the use of their identification card, driver's license

or permit in violation of the Criminal Code of 2012 [720 ILCS 5], driving

privileges shall be suspended or revoked by the Department in accordance with

subsection (a)

receives a report from individuals or agencies listed in subsection

(b) that a person applying for federal amnesty has been convicted of committing

a criminal act involving the use of their identification card, driver's license

or permit in violation of the Criminal Code of 2012 [720 ILCS 5], driving

privileges shall be suspended or revoked by the Department in accordance with

subsection (a).

d)         The Director of the Department of Driver Services shall

rescind a suspension or revocation or reduce the period of a suspension for

fraudulent activity if the Secretary's Office of the Inspector General or

Office of the Executive Inspector General gives the Director sufficient

evidence demonstrating the person has cooperated in the course of an official

investigation regarding the sale, manufacture, issuance or receipt of a

fraudulent or fictitious driver's license, permit or identification card.  Sufficient

evidence of cooperation will be shown by a written statement to the Director

signed by the supervising official of the Office of the Inspector General or

Office of the Executive Inspector General.  Whether the person cooperated in an

investigation will be determined by the Office of the Inspector General or

Office of the Executive Inspector General.