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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Vehicle Code is amended by |
5 | | changing Section 6-103 as follows:
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6 | | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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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:
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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
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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
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21 | | approved driver education course and except that an
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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 |
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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;
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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
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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 ;
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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
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21 | | 6-208;
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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;
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25 | | 5. To any person, as a driver, who has previously been |
26 | | adjudged to be
afflicted with or suffering from any mental |
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1 | | or physical disability or disease
and who has not at the |
2 | | time of application been restored to competency by the
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3 | | methods provided by law;
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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;
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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;
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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
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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;
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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;
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26 | | 10. To any person convicted, within 12 months of |
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1 | | application for a
license, of any of the sexual offenses |
2 | | enumerated in paragraph 2 of subsection
(b) of Section |
3 | | 6-205;
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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
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8 | | Section 6-104;
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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
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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;
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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;
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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
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9 | | court for failure to pay the support, subject to the |
10 | | requirements and
procedures of Article VII of Chapter 7 of
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11 | | the Illinois Vehicle Code;
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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;
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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 |
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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;
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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;
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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;
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25 | | 18. To any person who has been adjudicated under the |
26 | | Juvenile Court Act of 1987 based upon an offense that is |
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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
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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
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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.)
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