Illinois General Assembly - Full Text of SB0957
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Full Text of SB0957  97th General Assembly



State of Illinois
2011 and 2012


Introduced 2/8/2011, by Sen. John J. Cullerton


625 ILCS 5/6-103  from Ch. 95 1/2, par. 6-103

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning persons that are not to be granted a license or permit.

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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
8or granted permits. The The Secretary of State shall not issue,
9renew, or allow the retention of any driver's license nor issue
10any 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



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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;
4        2. To any person who is under the age of 18 as an
5    operator of a motorcycle other than a motor driven cycle
6    unless the person has, in addition to meeting the
7    provisions of Section 6-107 of this Code, successfully
8    completed a motorcycle training course approved by the
9    Illinois Department of Transportation and successfully
10    completes the required Secretary of State's motorcycle
11    driver's examination;
12        3. To any person, as a driver, whose driver's license
13    or permit has been suspended, during the suspension, nor to
14    any person whose driver's license or permit has been
15    revoked, except as provided in Sections 6-205, 6-206, and
16    6-208;
17        4. To any person, as a driver, who is a user of alcohol
18    or any other drug to a degree that renders the person
19    incapable of safely driving a motor vehicle;
20        5. To any person, as a driver, who has previously been
21    adjudged to be afflicted with or suffering from any mental
22    or physical disability or disease and who has not at the
23    time of application been restored to competency by the
24    methods provided by law;
25        6. To any person, as a driver, who is required by the
26    Secretary of State to submit an alcohol and drug evaluation



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1    or take an examination provided for in this Code unless the
2    person has successfully passed the examination and
3    submitted any required evaluation;
4        7. To any person who is required under the provisions
5    of the laws of this State to deposit security or proof of
6    financial responsibility and who has not deposited the
7    security or proof;
8        8. To any person when the Secretary of State has good
9    cause to believe that the person by reason of physical or
10    mental disability would not be able to safely operate a
11    motor vehicle upon the highways, unless the person shall
12    furnish to the Secretary of State a verified written
13    statement, acceptable to the Secretary of State, from a
14    competent medical specialist to the effect that the
15    operation of a motor vehicle by the person would not be
16    inimical to the public safety;
17        9. To any person, as a driver, who is 69 years of age
18    or older, unless the person has successfully complied with
19    the provisions of Section 6-109;
20        10. To any person convicted, within 12 months of
21    application for a license, of any of the sexual offenses
22    enumerated in paragraph 2 of subsection (b) of Section
23    6-205;
24        11. To any person who is under the age of 21 years with
25    a classification prohibited in paragraph (b) of Section
26    6-104 and to any person who is under the age of 18 years



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1    with a classification prohibited in paragraph (c) of
2    Section 6-104;
3        12. To any person who has been either convicted of or
4    adjudicated under the Juvenile Court Act of 1987 based upon
5    a violation of the Cannabis Control Act, the Illinois
6    Controlled Substances Act, or the Methamphetamine Control
7    and Community Protection Act while that person was in
8    actual physical control of a motor vehicle. For purposes of
9    this Section, any person placed on probation under Section
10    10 of the Cannabis Control Act, Section 410 of the Illinois
11    Controlled Substances Act, or Section 70 of the
12    Methamphetamine Control and Community Protection Act shall
13    not be considered convicted. Any person found guilty of
14    this offense, while in actual physical control of a motor
15    vehicle, shall have an entry made in the court record by
16    the judge that this offense did occur while the person was
17    in actual physical control of a motor vehicle and order the
18    clerk of the court to report the violation to the Secretary
19    of State as such. The Secretary of State shall not issue a
20    new license or permit for a period of one year;
21        13. To any person who is under the age of 18 years and
22    who has committed the offense of operating a motor vehicle
23    without a valid license or permit in violation of Section
24    6-101 or a similar out of state offense;
25        14. To any person who is 90 days or more delinquent in
26    court ordered child support payments or has been



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1    adjudicated in arrears in an amount equal to 90 days'
2    obligation or more and who has been found in contempt of
3    court for failure to pay the support, subject to the
4    requirements and procedures of Article VII of Chapter 7 of
5    the Illinois Vehicle Code;
6        14.5. To any person certified by the Illinois
7    Department of Healthcare and Family Services as being 90
8    days or more delinquent in payment of support under an
9    order of support entered by a court or administrative body
10    of this or any other State, subject to the requirements and
11    procedures of Article VII of Chapter 7 of this Code
12    regarding those certifications;
13        15. To any person released from a term of imprisonment
14    for violating Section 9-3 of the Criminal Code of 1961 or a
15    similar provision of a law of another state relating to
16    reckless homicide or for violating subparagraph (F) of
17    paragraph (1) of subsection (d) of Section 11-501 of this
18    Code relating to aggravated driving under the influence of
19    alcohol, other drug or drugs, intoxicating compound or
20    compounds, or any combination thereof, if the violation was
21    the proximate cause of a death, within 24 months of release
22    from a term of imprisonment;
23        16. To any person who, with intent to influence any act
24    related to the issuance of any driver's license or permit,
25    by an employee of the Secretary of State's Office, or the
26    owner or employee of any commercial driver training school



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1    licensed by the Secretary of State, or any other individual
2    authorized by the laws of this State to give driving
3    instructions or administer all or part of a driver's
4    license examination, promises or tenders to that person any
5    property or personal advantage which that person is not
6    authorized by law to accept. Any persons promising or
7    tendering such property or personal advantage shall be
8    disqualified from holding any class of driver's license or
9    permit for 120 consecutive days. The Secretary of State
10    shall establish by rule the procedures for implementing
11    this period of disqualification and the procedures by which
12    persons so disqualified may obtain administrative review
13    of the decision to disqualify;
14        17. To any person for whom the Secretary of State
15    cannot verify the accuracy of any information or
16    documentation submitted in application for a driver's
17    license; or
18        18. To any person who has been adjudicated under the
19    Juvenile Court Act of 1987 based upon an offense that is
20    determined by the court to have been committed in
21    furtherance of the criminal activities of an organized
22    gang, as provided in Section 5-710 of that Act, and that
23    involved the operation or use of a motor vehicle or the use
24    of a driver's license or permit. The person shall be denied
25    a license or permit for the period determined by the court.
26    The Secretary of State shall retain all conviction



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1information, if the information is required to be held
2confidential under the Juvenile Court Act of 1987.
3(Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-685,
4eff. 6-23-07; 95-876, eff. 8-21-08; 96-607, eff. 8-24-09;
596-740, eff. 1-1-10; 96-962, eff. 7-2-10; 96-1000, eff.