Full Text of SB0945 96th General Assembly
SB0945 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0945
Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-103 |
from Ch. 95 1/2, par. 6-103 |
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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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A BILL FOR
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SB0945 |
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LRB096 07053 AJT 17139 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-103 as follows:
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| (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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| Sec. 6-103. What persons shall not be licensed as drivers | 8 |
| or granted
permits. The
The Secretary of State shall not issue, | 9 |
| renew, or
allow the retention of any driver's
license nor issue | 10 |
| any permit under this Code:
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| 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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| 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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| approved driver education course and except that an
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| instruction permit may be issued to a child who is at least | 23 |
| 15 years and 6
months of age, is enrolled in school, meets |
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LRB096 07053 AJT 17139 b |
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| 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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| 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
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| 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;
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| 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
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| 6-208;
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| 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;
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| 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
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| methods provided by law;
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| 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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| or take an examination provided
for in this Code unless the | 2 |
| person has
successfully passed the examination and | 3 |
| submitted any required evaluation;
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| 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;
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| 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
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| 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;
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| 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;
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| 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;
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| 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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| with a classification prohibited in paragraph (c) of
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| Section 6-104;
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| 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;
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| 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;
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| 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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| adjudicated in arrears
in an amount equal to 90 days' | 2 |
| obligation or more
and who has been found in contempt
of
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| court for failure to pay the support, subject to the | 4 |
| requirements and
procedures of Article VII of Chapter 7 of
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| the Illinois Vehicle Code;
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| 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;
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| 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;
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| 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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| 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;
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| 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
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| 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.
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| The Secretary of State shall retain all conviction
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| information, if the information is required to be held | 2 |
| confidential under
the Juvenile Court Act of 1987. | 3 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-310, eff. 1-1-08; | 4 |
| 95-337, eff. 6-1-08; 95-685, eff. 6-23-07; 95-876, eff. | 5 |
| 8-21-08.) |
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