State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



92_HB3079

 
                                               LRB9201054ARsb

 1        AN ACT concerning driver's licenses.

 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
12        of  18  years  except  as  provided in Section 6-107, and
13        except that an instruction permit  may  be  issued  under
14        paragraphs (a) and (b) of Section 6-105 to a child who is
15        not less than 15 years of age if the child is enrolled in
16        an approved driver education course as defined in Section
17        1-103  of this Code and requires an instruction permit to
18        participate therein, except that  an  instruction  permit
19        may  be issued under the provisions of Section 6-107.1 to
20        a child who is 17 years and 9 months of age  without  the
21        child  having  enrolled  in  an approved driver education
22        course and except  that  an  instruction  permit  may  be
23        issued  to  a child who is at least 15 years and 6 months
24        of age, is enrolled  in  school,  meets  the  educational
25        requirements  of the Driver Education Act, and has passed
26        examinations  the  Secretary  of  State  in  his  or  her
27        discretion may prescribe;
28             2.  To any person who is under the age of 18  as  an
29        operator  of a motorcycle other than a motor driven cycle
30        unless  the  person  has,  in  addition  to  meeting  the
31        provisions of Section 6-107 of  this  Code,  completed  a
 
                            -2-                LRB9201054ARsb
 1        motorcycle  training  course  approved  by  the  Illinois
 2        Department  of  Transportation and successfully completes
 3        the required Secretary  of  State's  motorcycle  driver's
 4        examination;
 5             3.  To  any  person,  as  a  driver,  whose driver's
 6        license  or  permit  has  been  suspended,   during   the
 7        suspension,  nor  to any person whose driver's license or
 8        permit has been revoked, except as provided  in  Sections
 9        6-205, 6-206, and 6-208;
10             4.  To  any  person,  as  a driver, who is a user of
11        alcohol or any other drug to a degree  that  renders  the
12        person incapable of safely driving a motor vehicle;
13             5.  To  any  person, as a driver, who has previously
14        been adjudged to be afflicted with or suffering from  any
15        mental  or physical disability or disease and who has not
16        at the time of application been restored to competency by
17        the methods provided by law;
18             6.  To any person, as a driver, who is  required  by
19        the  Secretary  of  State  to  submit an alcohol and drug
20        evaluation or take an examination provided  for  in  this
21        Code  unless  the  person  has  successfully  passed  the
22        examination and submitted any required evaluation;
23             7.  To   any   person  who  is  required  under  the
24        provisions of the laws of this State to deposit  security
25        or  proof  of  financial  responsibility  and who has not
26        deposited the security or proof;
27             8.  To any person when the Secretary  of  State  has
28        good  cause  to  believe  that  the  person  by reason of
29        physical or mental disability would not be able to safely
30        operate a motor vehicle upon  the  highways,  unless  the
31        person shall furnish to the Secretary of State a verified
32        written  statement, acceptable to the Secretary of State,
33        from a competent medical specialist to  the  effect  that
34        the  operation of a motor vehicle by the person would not
 
                            -3-                LRB9201054ARsb
 1        be inimical to the public safety;
 2             9.  To any person, as a driver, who is 69  years  of
 3        age or older, unless the person has successfully complied
 4        with the provisions of Section 6-109;
 5             10.  To  any  person  convicted, within 12 months of
 6        application for a license, of any of the sexual  offenses
 7        enumerated  in  paragraph  2 of subsection (b) of Section
 8        6-205;
 9             11.  To any person who is under the age of 21  years
10        with  a  classification  prohibited  in  paragraph (b) of
11        Section 6-104 and to any person who is under the  age  of
12        18  years  with  a classification prohibited in paragraph
13        (c) of Section 6-104;
14             12.  To any person who has been either convicted  of
15        or adjudicated under the Juvenile Court Act of 1987 based
16        upon  a  violation  of  the  Cannabis  Control Act or the
17        Illinois Controlled Substances Act while that person  was
18        in  actual  physical  control  of  a  motor vehicle.  For
19        purposes of this Section, any person placed on  probation
20        under  Section  10 of the Cannabis Control Act or Section
21        410 of the Illinois Controlled Substances Act  shall  not
22        be  considered convicted. Any person found guilty of this
23        offense, while in actual  physical  control  of  a  motor
24        vehicle,  shall have an entry made in the court record by
25        the judge that this offense did occur  while  the  person
26        was  in  actual  physical  control of a motor vehicle and
27        order the clerk of the court to report the  violation  to
28        the  Secretary  of State as such.  The Secretary of State
29        shall not issue a new license or permit for a  period  of
30        one year;
31             13.  To  any person who is under the age of 18 years
32        and who has committed the offense of  operating  a  motor
33        vehicle without a valid license or permit in violation of
34        Section 6-101; or
 
                            -4-                LRB9201054ARsb
 1             14.  To any person who is 90 days or more delinquent
 2        in  court  ordered  child  support  payments  or has been
 3        adjudicated in arrears in an amount  equal  to  90  days'
 4        obligation  or more and who has been found in contempt of
 5        court for failure to pay  the  support,  subject  to  the
 6        requirements  and  procedures of Article VII of Chapter 7
 7        of the Illinois Vehicle Code.
 8        The  Secretary  of  State  shall  retain  all  conviction
 9    information, if  the  information  is  required  to  be  held
10    confidential under the Juvenile Court Act of 1987.
11             15.  To  any  person, who, upon determination by the
12        Inspector General of the Office of the Secretary of State
13        that  the  person  has,  with  intent  to  influence  the
14        performance of any  act  related  to  the  employment  or
15        function   of  any  government  official  concerning  the
16        person's driver's license or permit, promised or tendered
17        to that governmental official any  property  or  personal
18        advantage   which   that  governmental  employee  is  not
19        authorized by law to accept.  The Secretary of State  may
20        not  issue  a  new license or permit to that person for a
21        period of 60 days.
22    (Source: P.A. 90-369, eff. 1-1-98; 90-733, eff. 8-11-98.)

23        Section 99.  Effective date.  This Act takes effect  upon
24    becoming law.

[ Top ]