Public Act 93-0174
HB0499 Enrolled LRB093 03497 LCB 03526 b
AN ACT concerning driver's permits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 6-103 as follows:
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor
issue any permit under this Code:
1. To any person, as a driver, who is under the age
of 18 years except as provided in Section 6-107, and
except that an instruction permit may be issued under
paragraphs (a) and (b) of Section 6-105 to a child who is
not less than 15 years of age if the child is enrolled in
an approved driver education course as defined in Section
1-103 of this Code and requires an instruction permit to
participate therein, except that an instruction permit
may be issued under the provisions of Section 6-107.1 to
a child who is 17 years and 9 months of age without the
child having enrolled in an approved driver education
course and except that an instruction permit may be
issued to a child who is at least 15 years and 6 months
of age, is enrolled in school, meets the educational
requirements of the Driver Education Act, and has passed
examinations the Secretary of State in his or her
discretion may prescribe;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation and successfully
completes the required Secretary of State's motorcycle
driver's examination;
3. To any person, as a driver, whose driver's
license or permit has been suspended, during the
suspension, nor to any person whose driver's license or
permit has been revoked, except as provided in Sections
6-205, 6-206, and 6-208;
4. To any person, as a driver, who is a user of
alcohol or any other drug to a degree that renders the
person incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously
been adjudged to be afflicted with or suffering from any
mental or physical disability or disease and who has not
at the time of application been restored to competency by
the methods provided by law;
6. To any person, as a driver, who is required by
the Secretary of State to submit an alcohol and drug
evaluation or take an examination provided for in this
Code unless the person has successfully passed the
examination and submitted any required evaluation;
7. To any person who is required under the
provisions of the laws of this State to deposit security
or proof of financial responsibility and who has not
deposited the security or proof;
8. To any person when the Secretary of State has
good cause to believe that the person by reason of
physical or mental disability would not be able to safely
operate a motor vehicle upon the highways, unless the
person shall furnish to the Secretary of State a verified
written statement, acceptable to the Secretary of State,
from a competent medical specialist to the effect that
the operation of a motor vehicle by the person would not
be inimical to the public safety;
9. To any person, as a driver, who is 69 years of
age or older, unless the person has successfully complied
with the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years
with a classification prohibited in paragraph (b) of
Section 6-104 and to any person who is under the age of
18 years with a classification prohibited in paragraph
(c) of Section 6-104;
12. To any person who has been either convicted of
or adjudicated under the Juvenile Court Act of 1987 based
upon a violation of the Cannabis Control Act or the
Illinois Controlled Substances Act while that person was
in actual physical control of a motor vehicle. For
purposes of this Section, any person placed on probation
under Section 10 of the Cannabis Control Act or Section
410 of the Illinois Controlled Substances Act shall not
be considered convicted. Any person found guilty of this
offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person
was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to
the Secretary of State as such. The Secretary of State
shall not issue a new license or permit for a period of
one year;
13. To any person who is under the age of 18 years
and who has committed the offense of operating a motor
vehicle without a valid license or permit in violation of
Section 6-101;
14. To any person who is 90 days or more delinquent
in court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7
of the Illinois Vehicle Code; or
15. To any person released from a term of
imprisonment for violating Section 9-3 of the Criminal
Code of 1961 relating to reckless homicide within 24
months of release from a term of imprisonment.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 92-343, eff. 1-1-02.)
Section 99. Effective date. This Act takes effect
January 1, 2004.