96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0945

 

Introduced 2/6/2009, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-103   from Ch. 95 1/2, par. 6-103

    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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1     AN ACT concerning transportation.
 
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 changing
5 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 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:
11         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
17     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
21     approved driver education course and except that an
22     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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1     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;
4         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
8     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;
12         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
16     6-208;
17         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;
20         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
24     methods provided by law;
25         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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1     or take an examination provided for in this Code unless the
2     person has successfully passed the examination and
3     submitted any required evaluation;
4         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;
8         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
13     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;
17         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;
20         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;
24         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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1     with a classification prohibited in paragraph (c) of
2     Section 6-104;
3         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;
21         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;
25         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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1     adjudicated in arrears in an amount equal to 90 days'
2     obligation or more and who has been found in contempt of
3     court for failure to pay the support, subject to the
4     requirements and procedures of Article VII of Chapter 7 of
5     the Illinois Vehicle Code;
6         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;
13         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;
23         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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1     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;
14         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
18         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.
26     The Secretary of State shall retain all conviction

 

 

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1 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.)