State of Illinois
90th General Assembly
Legislation

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90_HB1207

      625 ILCS 5/6-103          from Ch. 95 1/2, par. 6-103
      625 ILCS 5/6-205          from Ch. 95 1/2, par. 6-205
          Amends the Illinois  Vehicle  Code.   Provides  that  the
      Secretary  of  State  shall  not  issue,  renew, or allow the
      retention of a driver's license  nor  issue  a  permit  to  a
      person  under the age of 21 years who has been convicted of a
      gang-related felony offense until the person is 21  years  of
      age.  Provides that the Secretary shall revoke the license or
      permit  of  a  driver upon receiving a report of the driver's
      conviction  of  a  gang-related  felony  offense.   Effective
      immediately.
                                                     LRB9004334NTsb
                                               LRB9004334NTsb
 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Sections 6-103 and 6-205.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Sections 6-103 and 6-205 as follows:
 7        (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
 8        Sec. 6-103. What persons shall not be licensed as drivers
 9    or  granted permits.  The Secretary of State shall not issue,
10    renew, or allow the retention of  any  driver's  license  nor
11    issue any permit under this Code:
12             1.  To any person, as a driver, who is under the age
13        of  18  years  except  as  provided in Section 6-107, and
14        except that an instruction permit  may  be  issued  under
15        paragraphs (a) and (b) of Section 6-105 to a child who is
16        not less than 15 years of age if the child is enrolled in
17        an approved driver education course as defined in Section
18        1-103  of this Code and requires an instruction permit to
19        participate therein;
20             2.  To any person who is under the age of 18  as  an
21        operator  of a motorcycle other than a motor driven cycle
22        unless  the  person  has,  in  addition  to  meeting  the
23        provisions of Section 6-107 of  this  Code,  completed  a
24        motorcycle  training  course  approved  by  the  Illinois
25        Department  of  Transportation and successfully completes
26        the required Secretary  of  State's  motorcycle  driver's
27        examination;
28             3.  To  any  person,  as  a  driver,  whose driver's
29        license  or  permit  has  been  suspended,   during   the
30        suspension,  nor  to any person whose driver's license or
31        permit has been revoked, except as provided  in  Sections
                            -2-                LRB9004334NTsb
 1        6-205, 6-206, and 6-208;
 2             4.  To  any  person,  as  a driver, who is a user of
 3        alcohol or any other drug to a degree  that  renders  the
 4        person incapable of safely driving a motor vehicle;
 5             5.  To  any  person, as a driver, who has previously
 6        been adjudged to be afflicted with or suffering from  any
 7        mental  or physical disability or disease and who has not
 8        at the time of application been restored to competency by
 9        the methods provided by law;
10             6.  To any person, as a driver, who is  required  by
11        the  Secretary  of  State  to  submit an alcohol and drug
12        evaluation or take an examination provided  for  in  this
13        Code  unless  the  person  has  successfully  passed  the
14        examination and submitted any required evaluation;
15             7.  To   any   person  who  is  required  under  the
16        provisions of the laws of this State to deposit  security
17        or  proof  of  financial  responsibility  and who has not
18        deposited the security or proof;
19             8.  To any person when the Secretary  of  State  has
20        good  cause  to  believe  that  the  person  by reason of
21        physical or mental disability would not be able to safely
22        operate a motor vehicle upon  the  highways,  unless  the
23        person shall furnish to the Secretary of State a verified
24        written  statement, acceptable to the Secretary of State,
25        from a competent medical specialist to  the  effect  that
26        the  operation of a motor vehicle by the person would not
27        be inimical to the public safety;
28             9.  To any person, as a driver, who is 69  years  of
29        age or older, unless the person has successfully complied
30        with the provisions of Section 6-109;
31             10.  To  any  person  convicted, within 12 months of
32        application for a license, of any of the sexual  offenses
33        enumerated  in  paragraph  2 of subsection (b) of Section
34        6-205;
                            -3-                LRB9004334NTsb
 1             11.  To any person who is under the age of 21  years
 2        with  a  classification  prohibited  in  paragraph (b) of
 3        Section 6-104 and to any person who is under the  age  of
 4        18  years  with  a classification prohibited in paragraph
 5        (c) of Section 6-104; or
 6             12.  To any person who has been either convicted  of
 7        or adjudicated under the Juvenile Court Act of 1987 based
 8        upon  a  violation  of  the  Cannabis  Control Act or the
 9        Illinois Controlled Substances Act while that person  was
10        in  actual  physical  control  of  a  motor vehicle.  For
11        purposes of this Section, any person placed on  probation
12        under  Section  10 of the Cannabis Control Act or Section
13        410 of the Illinois Controlled Substances Act  shall  not
14        be  considered convicted. Any person found guilty of this
15        offense, while in actual  physical  control  of  a  motor
16        vehicle,  shall have an entry made in the court record by
17        the judge that this offense did occur  while  the  person
18        was  in  actual  physical  control of a motor vehicle and
19        order the clerk of the court to report the  violation  to
20        the  Secretary  of State as such.  The Secretary of State
21        shall not issue a new license or permit for a  period  of
22        one year; or.
23             13.  To any person under the age of 21 years who has
24        been  convicted  of  any  gang-related felony offense, as
25        defined  in  Section  10  of  the   Illinois   Streetgang
26        Terrorism  Omnibus Prevention Act, until the person is 21
27        years of age.
28        The  Secretary  of  State  shall  retain  all  conviction
29    information, if  the  information  is  required  to  be  held
30    confidential under the Juvenile Court Act of 1987.
31    (Source: P.A. 87-1114; 88-212.)
32        (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
33        Sec.  6-205.  Mandatory  revocation of license or permit;
                            -4-                LRB9004334NTsb
 1    Hardship cases.
 2        (a)  Except as provided in this Section, the Secretary of
 3    State shall immediately revoke the license or permit  of  any
 4    driver  upon receiving a report of the driver's conviction of
 5    any of the following offenses:
 6             1.  Reckless homicide resulting from  the  operation
 7        of a motor vehicle;
 8             2.  Violation  of  Section  11-501 of this Code or a
 9        similar provision of a local ordinance  relating  to  the
10        offense  of  operating  or being in physical control of a
11        vehicle while under the influence of alcohol, other drug,
12        or combination of both;
13             3.  Any felony under the laws of any  State  or  the
14        federal  government  in  the  commission of which a motor
15        vehicle was used;
16             4.  Violation  of  Section  11-401  of   this   Code
17        relating to the offense of leaving the scene of a traffic
18        accident involving death or personal injury;
19             5.  Perjury  or  the  making of a false affidavit or
20        statement under oath to the Secretary of State under this
21        Code or under any other law relating to the ownership  or
22        operation of motor vehicles;
23             6.  Conviction   upon  3  charges  of  violation  of
24        Section 11-503 of this Code relating to  the  offense  of
25        reckless driving committed within a period of 12 months;
26             7.  Conviction of the offense of automobile theft as
27        defined in Section 4-102 of this Code;
28             8.  Violation   of   Section  11-504  of  this  Code
29        relating to the offense of drag racing;
30             9.  Violation of Chapters 8 and 9 of this Code;
31             10.  Violation of Section 12-5 of the Criminal  Code
32        of 1961 arising from the use of a motor vehicle;
33             11.  Violation  of  Section  11-204.1  of  this Code
34        relating to aggravated fleeing or attempting to  elude  a
                            -5-                LRB9004334NTsb
 1        police officer;
 2             12.  Violation of paragraph (1) of subsection (b) of
 3        Section  6-507,  or  a  similar  law  of any other state,
 4        relating to the unlawful operation of a commercial  motor
 5        vehicle;
 6             13.  Violation of paragraph (a) of Section 11-502 of
 7        this  Code or a similar provision of a local ordinance if
 8        the driver has been previously convicted of  a  violation
 9        of  that  Section  or  a  similar  provision  of  a local
10        ordinance and the driver was less than 21 years of age at
11        the time of the offense;.
12             14.  Any gang-related felony offense, as defined  in
13        Section  10  of the Illinois Streetgang Terrorism Omnibus
14        Prevention Act.
15        (b)  The Secretary of State shall also immediately revoke
16    the  license  or  permit  of  any  driver  in  the  following
17    situations:
18             1.  Of any minor upon receiving the notice  provided
19        for in Section 1-8 of the Juvenile Court Act of 1987 that
20        the  minor  has been adjudicated under that Act as having
21        committed  an  offense   relating   to   motor   vehicles
22        prescribed in Section 4-103 of this Code;
23             2.  Of  any  person when any other law of this State
24        requires either the revocation or suspension of a license
25        or permit.
26        (c)  Whenever  a  person  is  convicted  of  any  of  the
27    offenses enumerated in this Section, the court may  recommend
28    and  the Secretary of State in his discretion, without regard
29    to whether the recommendation is made by the court, may, upon
30    application, issue to the person a restricted driving  permit
31    granting the privilege of driving a motor vehicle between the
32    petitioner's  residence  and petitioner's place of employment
33    or within the scope of the  petitioner's  employment  related
34    duties,  or  to  allow transportation for the petitioner or a
                            -6-                LRB9004334NTsb
 1    household member of the petitioner's family for  the  receipt
 2    of  necessary medical care or, if the professional evaluation
 3    indicates, provide  transportation  for  the  petitioner  for
 4    alcohol  remedial  or  rehabilitative  activity,  or  for the
 5    petitioner to attend classes, as a student, in an  accredited
 6    educational   institution;  if  the  petitioner  is  able  to
 7    demonstrate that no alternative means  of  transportation  is
 8    reasonably available and the petitioner will not endanger the
 9    public  safety  or  welfare;  provided  that  the Secretary's
10    discretion shall be limited to  cases  where  undue  hardship
11    would  result  from a failure to issue the restricted driving
12    permit. In each case the  Secretary  of  State  may  issue  a
13    restricted  driving permit for a period he deems appropriate,
14    except that the permit shall expire within one year from  the
15    date  of  issuance.  A restricted driving permit issued under
16    this Section shall be subject  to  cancellation,  revocation,
17    and  suspension  by the Secretary of State in like manner and
18    for like cause as a driver's license issued under  this  Code
19    may  be  cancelled,  revoked,  or  suspended;  except  that a
20    conviction  upon  one  or  more  offenses  against  laws   or
21    ordinances regulating the movement of traffic shall be deemed
22    sufficient   cause   for   the   revocation,  suspension,  or
23    cancellation of a restricted driving permit. The Secretary of
24    State may, as a condition to the  issuance  of  a  restricted
25    driving  permit,  require  the  applicant to participate in a
26    designated driver remedial  or  rehabilitative  program.  The
27    Secretary  of  State  is  authorized  to  cancel a restricted
28    driving permit if the permit  holder  does  not  successfully
29    complete  the  program.  However,  if an individual's driving
30    privileges have been revoked in accordance with paragraph  13
31    of  subsection  (a)  of  this  Section, no restricted driving
32    permit shall be issued until  the  individual  has  served  6
33    months of the revocation period.
34        (d)  Whenever  a  person under the age of 21 is convicted
                            -7-                LRB9004334NTsb
 1    under Section 11-501 of this Code or a similar provision of a
 2    local ordinance, the Secretary  of  State  shall  revoke  the
 3    driving  privileges  of that person.  One year after the date
 4    of revocation, and upon application, the Secretary  of  State
 5    may,  if satisfied that the person applying will not endanger
 6    the public safety or  welfare,  issue  a  restricted  driving
 7    permit granting the privilege of driving a motor vehicle only
 8    between  the  hours  of  5  a.m.  and  9 p.m. or as otherwise
 9    provided by this Section for a period of  one  year.    After
10    this one year period, and upon reapplication for a license as
11    provided  in  Section  6-106, upon payment of the appropriate
12    reinstatement fee provided under  paragraph  (b)  of  Section
13    6-118,  the  Secretary of State, in his discretion, may issue
14    the applicant a license, or  extend  the  restricted  driving
15    permit  as  many  times  as  the  Secretary  of  State  deems
16    appropriate, by additional periods of not more than 12 months
17    each,  until  the  applicant  attains  21  years  of  age.  A
18    restricted driving permit issued under this Section shall  be
19    subject  to  cancellation,  revocation, and suspension by the
20    Secretary of State in like manner and for  like  cause  as  a
21    driver's  license  issued  under  this Code may be cancelled,
22    revoked, or suspended; except that a conviction upon  one  or
23    more  offenses  against  laws  or  ordinances  regulating the
24    movement of traffic shall be deemed sufficient cause for  the
25    revocation,  suspension,  or  cancellation  of  a  restricted
26    driving  permit.   Any person under 21 years of age who has a
27    driver's  license  revoked  for  a   second   or   subsequent
28    conviction  for driving under the influence, prior to the age
29    of 21, shall not be eligible to submit an application  for  a
30    full  reinstatement  of  driving  privileges  or a restricted
31    driving permit until age 21 or one additional year  from  the
32    date  of the latest such revocation, whichever is the longer.
33    The revocation periods contained in this  subparagraph  shall
34    apply to similar out-of-state convictions.
                            -8-                LRB9004334NTsb
 1        (e)  This  Section  is  subject  to the provisions of the
 2    Driver License Compact.
 3        (f)  Any  revocation  imposed  upon  any   person   under
 4    subsections  2  and  3  of paragraph (b) that is in effect on
 5    December 31, 1988 shall be converted to a  suspension  for  a
 6    like period of time.
 7    (Source: P.A.  88-209;  89-156,  eff.  1-1-96;  89-245,  eff.
 8    1-1-96; 89-626, eff. 8-9-96.)
 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.

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