Full Text of HB5335 93rd General Assembly
HB5335 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5335
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-103 |
from Ch. 95 1/2, par. 6-103 |
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Amends the Illinois Vehicle Code. Makes a technical change to a Section
concerning persons who may not be licensed as drivers.
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A BILL FOR
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HB5335 |
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LRB093 17455 DRH 43121 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing
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| Section 6-103 as follows:
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| (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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| 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 issue | 10 |
| any permit under this Code:
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| 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 paragraphs | 14 |
| (a) and (b) of Section 6-105 to a child who
is not less | 15 |
| than 15 years of age if the child is enrolled in an | 16 |
| 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 may | 19 |
| be issued under the provisions of Section 6-107.1
to a | 20 |
| child who is 17 years and 9 months of age without the child | 21 |
| having
enrolled in an
approved driver education course and | 22 |
| except that an
instruction permit may be issued to a child | 23 |
| who is at least 15 years and 6
months of age, is enrolled | 24 |
| in school, meets the educational requirements of
the Driver | 25 |
| Education Act, and has passed examinations the Secretary of | 26 |
| State in
his or her discretion may prescribe;
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| 2. To any person who is under the age of 18 as an | 28 |
| operator of a motorcycle
other than a motor driven cycle | 29 |
| unless the person has, in addition to
meeting the | 30 |
| provisions of Section 6-107 of this Code, successfully
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| completed a motorcycle
training course approved by the | 32 |
| Illinois Department of Transportation and
successfully |
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LRB093 17455 DRH 43121 b |
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| completes the required Secretary of State's motorcycle | 2 |
| driver's
examination;
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| 3. To any person, as a driver, whose driver's license | 4 |
| or permit has been
suspended, during the suspension, nor to | 5 |
| any person whose driver's license or
permit has been | 6 |
| revoked, except as provided in Sections 6-205, 6-206, and
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| 6-208;
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| 4. To any person, as a driver, who is a user of alcohol | 9 |
| or any other
drug to a degree that renders the person | 10 |
| incapable of safely driving a motor
vehicle;
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| 5. To any person, as a driver, who has previously been | 12 |
| adjudged to be
afflicted with or suffering from any mental | 13 |
| or physical disability or disease
and who has not at the | 14 |
| time of application been restored to competency by the
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| methods provided by law;
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| 6. To any person, as a driver, who is required by the | 17 |
| Secretary of State
to submit an alcohol and drug evaluation | 18 |
| or take an examination provided
for in this Code unless the | 19 |
| person has
successfully passed the examination and | 20 |
| submitted any required evaluation;
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| 7. To any person who is required under the provisions | 22 |
| of the laws of
this State to deposit security or proof of | 23 |
| financial responsibility and who
has not deposited that
the
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| security or proof;
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| 8. To any person when the Secretary of State has good | 26 |
| cause to believe
that the person by reason of physical or | 27 |
| mental disability would not be
able to safely operate a | 28 |
| motor vehicle upon the highways, unless the
person shall | 29 |
| furnish to the Secretary of State a verified written
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| statement, acceptable to the Secretary of State, from a | 31 |
| competent medical
specialist to the effect that the | 32 |
| operation of a motor vehicle by the
person would not be | 33 |
| inimical to the public safety;
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| 9. To any person, as a driver, who is 69 years of age | 35 |
| or older, unless
the person has successfully complied with | 36 |
| the provisions of Section 6-109;
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| 10. To any person convicted, within 12 months of | 2 |
| application for a
license, of any of the sexual offenses | 3 |
| enumerated in paragraph 2 of subsection
(b) of Section | 4 |
| 6-205;
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| 11. To any person who is under the age of 21 years with | 6 |
| a classification
prohibited in paragraph (b) of Section | 7 |
| 6-104 and to any person who is under
the age of 18 years | 8 |
| with a classification prohibited in paragraph (c) of
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| Section 6-104;
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| 12. To any person who has been either convicted of or | 11 |
| adjudicated under
the Juvenile Court Act of 1987 based upon | 12 |
| a violation of the Cannabis Control
Act or the Illinois | 13 |
| Controlled Substances Act while that person was in actual
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| physical control of a motor vehicle. For purposes of this | 15 |
| Section, any person
placed on probation under Section 10 of | 16 |
| the Cannabis Control Act or Section 410
of the Illinois | 17 |
| Controlled Substances Act shall not be considered | 18 |
| convicted.
Any person found guilty of this offense, while | 19 |
| in actual physical control of a
motor vehicle, shall have | 20 |
| an entry made in the court record by the judge that
this | 21 |
| offense did occur while the person was in actual physical | 22 |
| control of a
motor vehicle and order the clerk of the court | 23 |
| to report the violation to the
Secretary of State as such. | 24 |
| The Secretary of State shall not issue a new
license or | 25 |
| permit for a period of one year;
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| 13. To any person who is under the age of 18 years and | 27 |
| who has committed
the offense
of operating a motor vehicle | 28 |
| without a valid license or permit in violation of
Section | 29 |
| 6-101;
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| 14. To any person who is
90 days or more
delinquent in | 31 |
| court ordered child support
payments or has been | 32 |
| adjudicated in arrears
in an amount equal to 90 days' | 33 |
| obligation or more
and who has been found in contempt
of
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| court for failure to pay the support, subject to the | 35 |
| requirements and
procedures of Article VII of Chapter 7 of
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| the Illinois Vehicle Code; or
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| 15. To any person released from a term of imprisonment | 2 |
| for violating
Section 9-3 of the Criminal Code of 1961 | 3 |
| relating to reckless homicide within
24 months of release | 4 |
| from a term of imprisonment.
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| The Secretary of State shall retain all conviction
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| information, if the information is required to be held | 7 |
| confidential under
the Juvenile Court Act of 1987.
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| (Source: P.A. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04.)
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