| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
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 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 of | |||||||||||||||||||
12 | 18 years except
as provided in Section 6-107, and except | |||||||||||||||||||
13 | that an instruction permit may be
issued under Section | |||||||||||||||||||
14 | 6-107.1 to a child who
is not less than 15 years of age if | |||||||||||||||||||
15 | the child is enrolled in an approved
driver education | |||||||||||||||||||
16 | course as defined in Section 1-103 of this Code and
| |||||||||||||||||||
17 | requires an instruction permit to participate therein, | |||||||||||||||||||
18 | except that an
instruction permit may be issued under the | |||||||||||||||||||
19 | provisions of Section 6-107.1
to a child who is 17 years | |||||||||||||||||||
20 | and 3 months of age without the child having
enrolled in an
| |||||||||||||||||||
21 | approved driver education course and except that an
| |||||||||||||||||||
22 | instruction permit may be issued to a child who is at least | |||||||||||||||||||
23 | 15 years and 3
months of age, is enrolled in school, meets |
| |||||||
| |||||||
1 | the educational requirements of
the Driver Education Act, | ||||||
2 | and has passed examinations the Secretary of State in
his | ||||||
3 | or her discretion may prescribe;
| ||||||
4 | 1.5. To any person at least 18 years of age but less | ||||||
5 | than 21 years of age unless the person has, in addition to | ||||||
6 | any other requirements of this Code, successfully | ||||||
7 | completed an adult driver education course as provided in | ||||||
8 | Section 6-107.5 of this Code; | ||||||
9 | 2. To any person who is under the age of 18 as an | ||||||
10 | operator of a motorcycle
other than a motor driven cycle | ||||||
11 | unless the person has, in addition to
meeting the | ||||||
12 | provisions of Section 6-107 of this Code, successfully
| ||||||
13 | completed a motorcycle
training course approved by the | ||||||
14 | Illinois Department of Transportation and
successfully | ||||||
15 | completes the required Secretary of State's motorcycle | ||||||
16 | driver's
examination ;
| ||||||
17 | 3. To any person, as a driver, whose driver's license | ||||||
18 | or permit has been
suspended, during the suspension, nor | ||||||
19 | to any person whose driver's license or
permit has been | ||||||
20 | revoked, except as provided in Sections 6-205, 6-206, and
| ||||||
21 | 6-208;
| ||||||
22 | 4. To any person, as a driver, who is a user of alcohol | ||||||
23 | or any other
drug to a degree that renders the person | ||||||
24 | incapable of safely driving a motor
vehicle;
| ||||||
25 | 5. To any person, as a driver, who has previously been | ||||||
26 | adjudged to be
afflicted with or suffering from any mental |
| |||||||
| |||||||
1 | or physical disability or disease
and who has not at the | ||||||
2 | time of application been restored to competency by the
| ||||||
3 | methods provided by law;
| ||||||
4 | 6. To any person, as a driver, who is required by the | ||||||
5 | Secretary of State
to submit an alcohol and drug | ||||||
6 | evaluation or take an examination provided
for in this | ||||||
7 | Code unless the person has
successfully passed the | ||||||
8 | examination and submitted any required evaluation;
| ||||||
9 | 7. To any person who is required under the provisions | ||||||
10 | of the laws of
this State to deposit security or proof of | ||||||
11 | financial responsibility and who
has not deposited the | ||||||
12 | security or proof;
| ||||||
13 | 8. To any person when the Secretary of State has good | ||||||
14 | cause to believe
that the person by reason of physical or | ||||||
15 | mental disability would not be
able to safely operate a | ||||||
16 | motor vehicle upon the highways, unless the
person shall | ||||||
17 | furnish to the Secretary of State a verified written
| ||||||
18 | statement, acceptable to the Secretary of State, from a | ||||||
19 | competent medical
specialist, a licensed physician | ||||||
20 | assistant, or a licensed advanced practice registered | ||||||
21 | nurse, to the effect that the operation of a motor vehicle | ||||||
22 | by the
person would not be inimical to the public safety;
| ||||||
23 | 9. To any person, as a driver, who is 69 years of age | ||||||
24 | or older, unless
the person has successfully complied with | ||||||
25 | the provisions of Section 6-109;
| ||||||
26 | 10. To any person convicted, within 12 months of |
| |||||||
| |||||||
1 | application for a
license, of any of the sexual offenses | ||||||
2 | enumerated in paragraph 2 of subsection
(b) of Section | ||||||
3 | 6-205;
| ||||||
4 | 11. To any person who is under the age of 21 years with | ||||||
5 | a classification
prohibited in paragraph (b) of Section | ||||||
6 | 6-104 and to any person who is under
the age of 18 years | ||||||
7 | with a classification prohibited in paragraph (c) of
| ||||||
8 | Section 6-104;
| ||||||
9 | 12. To any person who has been either convicted of or | ||||||
10 | adjudicated under
the Juvenile Court Act of 1987 based | ||||||
11 | upon a violation of the Cannabis Control
Act, the Illinois | ||||||
12 | Controlled Substances Act, or the Methamphetamine Control | ||||||
13 | and Community Protection Act while that person was in | ||||||
14 | actual
physical control of a motor vehicle. For purposes | ||||||
15 | of this Section, any person
placed on probation under | ||||||
16 | Section 10 of the Cannabis Control Act, Section 410
of the | ||||||
17 | Illinois Controlled Substances Act, or Section 70 of the | ||||||
18 | Methamphetamine Control and Community Protection Act shall | ||||||
19 | not be considered convicted.
Any person found guilty of | ||||||
20 | this offense, while in actual physical control of a
motor | ||||||
21 | vehicle, shall have an entry made in the court record by | ||||||
22 | the judge that
this offense did occur while the person was | ||||||
23 | in actual physical control of a
motor vehicle and order | ||||||
24 | the clerk of the court to report the violation to the
| ||||||
25 | Secretary of State as such. The Secretary of State shall | ||||||
26 | not issue a new
license or permit for a period of one year;
|
| |||||||
| |||||||
1 | 13. To any person who is under the age of 18 years and | ||||||
2 | who has committed
the offense
of operating a motor vehicle | ||||||
3 | without a valid license or permit in violation of
Section | ||||||
4 | 6-101 or a similar out of state offense;
| ||||||
5 | 14. To any person who is
90 days or more
delinquent in | ||||||
6 | court ordered child support
payments or has been | ||||||
7 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
8 | obligation or more
and who has been found in contempt
of
| ||||||
9 | court for failure to pay the support, subject to the | ||||||
10 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
11 | the Illinois Vehicle Code;
| ||||||
12 | 14.5. To any person certified by the Illinois | ||||||
13 | Department of Healthcare and Family Services as being 90 | ||||||
14 | days or more delinquent in payment of support under an | ||||||
15 | order of support entered by a court or administrative body | ||||||
16 | of this or any other State, subject to the requirements | ||||||
17 | and procedures of Article VII of Chapter 7 of this Code | ||||||
18 | regarding those certifications;
| ||||||
19 | 15. To any person released from a term of imprisonment | ||||||
20 | for violating
Section 9-3 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012, or a similar provision of a law | ||||||
22 | of another state relating to reckless homicide or for | ||||||
23 | violating subparagraph (F) of paragraph (1) of subsection | ||||||
24 | (d) of Section 11-501 of this Code relating to aggravated | ||||||
25 | driving under the influence of alcohol, other drug or | ||||||
26 | drugs, intoxicating compound or compounds, or any |
| |||||||
| |||||||
1 | combination thereof, if the violation was the proximate | ||||||
2 | cause of a death, within
24 months of release from a term | ||||||
3 | of imprisonment;
| ||||||
4 | 16. To any person who, with intent to influence any | ||||||
5 | act related to the issuance of any driver's license or | ||||||
6 | permit, by an employee of the Secretary of State's Office, | ||||||
7 | or the owner or employee of any commercial driver training | ||||||
8 | school licensed by the Secretary of State, or any other | ||||||
9 | individual authorized by the laws of this State to give | ||||||
10 | driving instructions or administer all or part of a | ||||||
11 | driver's license examination, promises or tenders to that | ||||||
12 | person any property or personal advantage which that | ||||||
13 | person is not authorized by law to accept. Any persons | ||||||
14 | promising or tendering such property or personal advantage | ||||||
15 | shall be disqualified from holding any class of driver's | ||||||
16 | license or permit for 120 consecutive days. The Secretary | ||||||
17 | of State shall establish by rule the procedures for | ||||||
18 | implementing this period of disqualification and the | ||||||
19 | procedures by which persons so disqualified may obtain | ||||||
20 | administrative review of the decision to disqualify;
| ||||||
21 | 17. To any person for whom the Secretary of State | ||||||
22 | cannot verify the
accuracy of any information or | ||||||
23 | documentation submitted in application for a
driver's | ||||||
24 | license;
| ||||||
25 | 18. To any person who has been adjudicated under the | ||||||
26 | Juvenile Court Act of 1987 based upon an offense that is |
| |||||||
| |||||||
1 | determined by the court to have been committed in | ||||||
2 | furtherance of the criminal activities of an organized | ||||||
3 | gang, as provided in Section 5-710 of that Act, and that | ||||||
4 | involved the operation or use of a motor vehicle or the use | ||||||
5 | of a driver's license or permit. The person shall be | ||||||
6 | denied a license or permit for the period determined by | ||||||
7 | the court; or
| ||||||
8 | 19. To any person who holds a REAL ID compliant | ||||||
9 | identification card or REAL ID compliant Person with a | ||||||
10 | Disability Identification Card issued under the Illinois | ||||||
11 | Identification Card Act. Any such person may, at his or | ||||||
12 | her discretion, surrender the REAL ID compliant | ||||||
13 | identification card or REAL ID compliant Person with a | ||||||
14 | Disability Identification Card in order to become eligible | ||||||
15 | to obtain a REAL ID compliant driver's license. | ||||||
16 | The Secretary of State shall retain all conviction
| ||||||
17 | information, if the information is required to be held | ||||||
18 | confidential under
the Juvenile Court Act of 1987. | ||||||
19 | (Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17; | ||||||
20 | 100-248, eff. 8-22-17; 100-513, eff. 1-1-18; 100-863, eff. | ||||||
21 | 8-14-18.)
|