Public Act 93-0174

HB0499 Enrolled                      LRB093 03497 LCB 03526 b

    AN ACT concerning driver's permits.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Section 6-103 as follows:

    (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
    Sec. 6-103. What persons shall not be licensed as drivers
or granted permits.  The Secretary of State shall not  issue,
renew,  or  allow  the  retention of any driver's license nor
issue any permit under this Code:
         1.  To any person, as a driver, who is under the age
    of 18 years except as  provided  in  Section  6-107,  and
    except  that  an  instruction  permit may be issued under
    paragraphs (a) and (b) of Section 6-105 to a child who is
    not less than 15 years of age if the child is enrolled in
    an approved driver education course as defined in Section
    1-103 of this Code and requires an instruction permit  to
    participate  therein,  except  that an instruction permit
    may be issued under the provisions of Section 6-107.1  to
    a  child  who is 17 years and 9 months of age without the
    child having enrolled in  an  approved  driver  education
    course  and  except  that  an  instruction  permit may be
    issued to a child who is at least 15 years and  6  months
    of  age,  is  enrolled  in  school, meets the educational
    requirements of the Driver Education Act, and has  passed
    examinations  the  Secretary  of  State  in  his  or  her
    discretion may prescribe;
         2.  To  any  person who is under the age of 18 as an
    operator of a motorcycle other than a motor driven  cycle
    unless  the  person  has,  in  addition  to  meeting  the
    provisions  of  Section  6-107 of this Code, successfully
    completed a motorcycle training course  approved  by  the
    Illinois  Department  of  Transportation and successfully
    completes the required Secretary  of  State's  motorcycle
    driver's examination;
         3.  To  any  person,  as  a  driver,  whose driver's
    license  or  permit  has  been  suspended,   during   the
    suspension,  nor  to any person whose driver's license or
    permit has been revoked, except as provided  in  Sections
    6-205, 6-206, and 6-208;
         4.  To  any  person,  as  a driver, who is a user of
    alcohol or any other drug to a degree  that  renders  the
    person incapable of safely driving a motor vehicle;
         5.  To  any  person, as a driver, who has previously
    been adjudged to be afflicted with or suffering from  any
    mental  or physical disability or disease and who has not
    at the time of application been restored to competency by
    the methods provided by law;
         6.  To any person, as a driver, who is  required  by
    the  Secretary  of  State  to  submit an alcohol and drug
    evaluation or take an examination provided  for  in  this
    Code  unless  the  person  has  successfully  passed  the
    examination and submitted any required evaluation;
         7.  To   any   person  who  is  required  under  the
    provisions of the laws of this State to deposit  security
    or  proof  of  financial  responsibility  and who has not
    deposited the security or proof;
         8.  To any person when the Secretary  of  State  has
    good  cause  to  believe  that  the  person  by reason of
    physical or mental disability would not be able to safely
    operate a motor vehicle upon  the  highways,  unless  the
    person shall furnish to the Secretary of State a verified
    written  statement, acceptable to the Secretary of State,
    from a competent medical specialist to  the  effect  that
    the  operation of a motor vehicle by the person would not
    be inimical to the public safety;
         9.  To any person, as a driver, who is 69  years  of
    age or older, unless the person has successfully complied
    with the provisions of Section 6-109;
         10.  To  any  person  convicted, within 12 months of
    application for a license, of any of the sexual  offenses
    enumerated  in  paragraph  2 of subsection (b) of Section
    6-205;
         11.  To any person who is under the age of 21  years
    with  a  classification  prohibited  in  paragraph (b) of
    Section 6-104 and to any person who is under the  age  of
    18  years  with  a classification prohibited in paragraph
    (c) of Section 6-104;
         12.  To any person who has been either convicted  of
    or adjudicated under the Juvenile Court Act of 1987 based
    upon  a  violation  of  the  Cannabis  Control Act or the
    Illinois Controlled Substances Act while that person  was
    in  actual  physical  control  of  a  motor vehicle.  For
    purposes of this Section, any person placed on  probation
    under  Section  10 of the Cannabis Control Act or Section
    410 of the Illinois Controlled Substances Act  shall  not
    be  considered convicted. Any person found guilty of this
    offense, while in actual  physical  control  of  a  motor
    vehicle,  shall have an entry made in the court record by
    the judge that this offense did occur  while  the  person
    was  in  actual  physical  control of a motor vehicle and
    order the clerk of the court to report the  violation  to
    the  Secretary  of State as such.  The Secretary of State
    shall not issue a new license or permit for a  period  of
    one year;
         13.  To  any person who is under the age of 18 years
    and who has committed the offense of  operating  a  motor
    vehicle without a valid license or permit in violation of
    Section 6-101;
         14.  To any person who is 90 days or more delinquent
    in  court  ordered  child  support  payments  or has been
    adjudicated in arrears in an amount  equal  to  90  days'
    obligation  or more and who has been found in contempt of
    court for failure to pay  the  support,  subject  to  the
    requirements  and  procedures of Article VII of Chapter 7
    of the Illinois Vehicle Code; or
         15.  To  any  person  released  from   a   term   of
    imprisonment  for  violating  Section 9-3 of the Criminal
    Code of 1961 relating  to  reckless  homicide  within  24
    months of release from a term of imprisonment.
    The  Secretary  of  State  shall  retain  all  conviction
information,  if  the  information  is  required  to  be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 92-343, eff. 1-1-02.)

    Section 99.   Effective  date.   This  Act  takes  effect
January 1, 2004.