093_HB0499eng

 
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 1        AN ACT concerning driver's permits.

 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 Section 6-103 as follows:

 6        (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
 7        Sec. 6-103. What persons shall not be licensed as drivers
 8    or  granted permits.  The Secretary of State shall not issue,
 9    renew, or allow the retention of  any  driver's  license  nor
10    issue any permit under this Code:
11             1.  To any person, as a driver, who is under the age
12        of  18  years  except  as  provided in Section 6-107, and
13        except that an instruction permit  may  be  issued  under
14        paragraphs (a) and (b) of Section 6-105 to a child who is
15        not less than 15 years of age if the child is enrolled in
16        an approved driver education course as defined in Section
17        1-103  of this Code and requires an instruction permit to
18        participate therein, except that  an  instruction  permit
19        may  be issued under the provisions of Section 6-107.1 to
20        a child who is 17 years and 9 months of age  without  the
21        child  having  enrolled  in  an approved driver education
22        course and except  that  an  instruction  permit  may  be
23        issued  to  a child who is at least 15 years and 6 months
24        of age, is enrolled  in  school,  meets  the  educational
25        requirements  of the Driver Education Act, and has passed
26        examinations  the  Secretary  of  State  in  his  or  her
27        discretion may prescribe;
28             2.  To any person who is under the age of 18  as  an
29        operator  of a motorcycle other than a motor driven cycle
30        unless  the  person  has,  in  addition  to  meeting  the
31        provisions of Section 6-107 of  this  Code,  successfully
 
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 1        completed  a  motorcycle  training course approved by the
 2        Illinois Department of  Transportation  and  successfully
 3        completes  the  required  Secretary of State's motorcycle
 4        driver's examination;
 5             3.  To any  person,  as  a  driver,  whose  driver's
 6        license   or   permit  has  been  suspended,  during  the
 7        suspension, nor to any person whose driver's  license  or
 8        permit  has  been revoked, except as provided in Sections
 9        6-205, 6-206, and 6-208;
10             4.  To any person, as a driver, who  is  a  user  of
11        alcohol  or  any  other drug to a degree that renders the
12        person incapable of safely driving a motor vehicle;
13             5.  To any person, as a driver, who  has  previously
14        been  adjudged to be afflicted with or suffering from any
15        mental or physical disability or disease and who has  not
16        at the time of application been restored to competency by
17        the methods provided by law;
18             6.  To  any  person, as a driver, who is required by
19        the Secretary of State to  submit  an  alcohol  and  drug
20        evaluation  or  take  an examination provided for in this
21        Code  unless  the  person  has  successfully  passed  the
22        examination and submitted any required evaluation;
23             7.  To  any  person  who  is  required   under   the
24        provisions  of the laws of this State to deposit security
25        or proof of financial  responsibility  and  who  has  not
26        deposited the security or proof;
27             8.  To  any  person  when the Secretary of State has
28        good cause to  believe  that  the  person  by  reason  of
29        physical or mental disability would not be able to safely
30        operate  a  motor  vehicle  upon the highways, unless the
31        person shall furnish to the Secretary of State a verified
32        written statement, acceptable to the Secretary of  State,
33        from  a  competent  medical specialist to the effect that
34        the operation of a motor vehicle by the person would  not
 
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 1        be inimical to the public safety;
 2             9.  To  any  person, as a driver, who is 69 years of
 3        age or older, unless the person has successfully complied
 4        with the provisions of Section 6-109;
 5             10.  To any person convicted, within  12  months  of
 6        application  for a license, of any of the sexual offenses
 7        enumerated in paragraph 2 of subsection  (b)  of  Section
 8        6-205;
 9             11.  To  any person who is under the age of 21 years
10        with a classification  prohibited  in  paragraph  (b)  of
11        Section  6-104  and to any person who is under the age of
12        18 years with a classification  prohibited  in  paragraph
13        (c) of Section 6-104;
14             12.  To  any person who has been either convicted of
15        or adjudicated under the Juvenile Court Act of 1987 based
16        upon a violation of  the  Cannabis  Control  Act  or  the
17        Illinois  Controlled Substances Act while that person was
18        in actual physical  control  of  a  motor  vehicle.   For
19        purposes  of this Section, any person placed on probation
20        under Section 10 of the Cannabis Control Act  or  Section
21        410  of  the Illinois Controlled Substances Act shall not
22        be considered convicted. Any person found guilty of  this
23        offense,  while  in  actual  physical  control of a motor
24        vehicle, shall have an entry made in the court record  by
25        the  judge  that  this offense did occur while the person
26        was in actual physical control of  a  motor  vehicle  and
27        order  the  clerk of the court to report the violation to
28        the Secretary of State as such.  The Secretary  of  State
29        shall  not  issue a new license or permit for a period of
30        one year;
31             13.  To any person who is under the age of 18  years
32        and  who  has  committed the offense of operating a motor
33        vehicle without a valid license or permit in violation of
34        Section 6-101;
 
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 1             14.  To any person who is 90 days or more delinquent
 2        in court ordered  child  support  payments  or  has  been
 3        adjudicated  in  arrears  in  an amount equal to 90 days'
 4        obligation or more and who has been found in contempt  of
 5        court  for  failure  to  pay  the support, subject to the
 6        requirements and procedures of Article VII of  Chapter  7
 7        of the Illinois Vehicle Code; or
 8             15.  To   any   person   released  from  a  term  of
 9        imprisonment for violating Section 9-3  of  the  Criminal
10        Code  of  1961  relating  to  reckless homicide within 24
11        months of release from a term of imprisonment.
12        The  Secretary  of  State  shall  retain  all  conviction
13    information, if  the  information  is  required  to  be  held
14    confidential under the Juvenile Court Act of 1987.
15    (Source: P.A. 92-343, eff. 1-1-02.)

16        Section  99.   Effective  date.   This  Act  takes effect
17    January 1, 2004.