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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB0602eng SB602 Engrossed LRB9203777DHcs 1 AN ACT in relation to vehicles. 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 Sections 6-103 and 6-208 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 SB602 Engrossed -2- LRB9203777DHcs 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license or permit has been suspended, during the 7 suspension, nor to any person whose driver's license or 8 permit has been revoked, except as provided in Sections 9 6-205, 6-206, and 6-208; 10 4.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 SB602 Engrossed -3- LRB9203777DHcs 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;orSB602 Engrossed -4- LRB9203777DHcs 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; or.8 15. To any person released from a term of 9 imprisonment for violating Section 9-3 of the Criminal 10 Code of 1961 relating to reckless homicide within 24 11 months of release from a term of imprisonment. 12 The Secretary of State shall retain all conviction 13 information, if the information is required to be held 14 confidential under the Juvenile Court Act of 1987. 15 (Source: P.A. 90-369, eff. 1-1-98; 90-733, eff. 8-11-98.) 16 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208) 17 Sec. 6-208. Period of Suspension - Application After 18 Revocation. 19 (a) Except as otherwise provided by this Code or any 20 other law of this State, the Secretary of State shall not 21 suspend a driver's license, permit or privilege to drive a 22 motor vehicle on the highways for a period of more than one 23 year. 24 (b) Any person whose license, permit or privilege to 25 drive a motor vehicle on the highways has been revoked shall 26 not be entitled to have such license, permit or privilege 27 renewed or restored. However, such person may, except as 28 provided under subsection (d) of Section 6-205, make 29 application for a license pursuant to Section 6-106 (i) if 30 the revocation was for a cause which has been removed or (ii) 31 as provided in the following subparagraphs: 32 1. Except as provided in subparagraphs 2, 3, and 4, 33 the person may make application for a license after the SB602 Engrossed -5- LRB9203777DHcs 1 expiration of one year from the effective date of the 2 revocation or, in the case of a violation of paragraph 3 (b) of Section 11-401 of this Code or a similar provision 4 of a local ordinance, after the expiration of 3 years 5 from the effective date of the revocation or, in the case 6 of a violation of Section 9-3 of the Criminal Code of 7 1961 relating to the offense of reckless homicide, after 8 the expiration of 2 years from the effective date of the 9 revocation or after the expiration of 24 months from the 10 date of release from a period of imprisonment as provided 11 in Section 6-103 of this Code, whichever is later. 12 2. If such person is convicted of committing a 13 second violation within a 20 year period of: 14 (A) Section 11-501 of this Code, or a similar 15 provision of a local ordinance; or 16 (B) Paragraph (b) of Section 11-401 of this 17 Code, or a similar provision of a local ordinance; 18 or 19 (C) Section 9-3 of the Criminal Code of 1961, 20 as amended, relating to the offense of reckless 21 homicide; or 22 (D) any combination of the above offenses 23 committed at different instances; 24 then such person may not make application for a license 25 until after the expiration of 5 years from the effective 26 date of the most recent revocation. The 20 year period 27 shall be computed by using the dates the offenses were 28 committed and shall also include similar out-of-state 29 offenses. 30 3. However, except as provided in subparagraph 4, 31 if such person is convicted of committing a third, or 32 subsequent, violation or any combination of the above 33 offenses, including similar out-of-state offenses, 34 contained in subparagraph 2, then such person may not SB602 Engrossed -6- LRB9203777DHcs 1 make application for a license until after the expiration 2 of 10 years from the effective date of the most recent 3 revocation. 4 4. The person may not make application for a 5 license if the person is convicted of committing a fourth 6 or subsequent violation of Section 11-501 of this Code or 7 a similar provision of a local ordinance, paragraph (b) 8 of Section 11-401 of this Code, Section 9-3 of the 9 Criminal Code of 1961, or a combination of these offenses 10 or similar provisions of local ordinances or similar 11 out-of-state offenses if the original revocation or 12 suspension was for a violation of Section 11-501 or 13 11-501.1 of this Code or a similar provision of a local 14 ordinance. 15 Notwithstanding any other provision of this Code, all 16 persons referred to in this paragraph (b) may not have their 17 privileges restored until the Secretary receives payment of 18 the required reinstatement fee pursuant to subsection (b) of 19 Section 6-118. 20 In no event shall the Secretary issue such license unless 21 and until such person has had a hearing pursuant to this Code 22 and the appropriate administrative rules and the Secretary is 23 satisfied, after a review or investigation of such person, 24 that to grant the privilege of driving a motor vehicle on the 25 highways will not endanger the public safety or welfare. 26 (Source: P.A. 90-543, eff. 12-1-97; 90-738, eff. 1-1-99; 27 91-357, eff. 7-29-99.)