Full Text of HB0772 98th General Assembly
HB0772ham001 98TH GENERAL ASSEMBLY | Rep. John D'Amico Filed: 3/14/2013
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| 1 | | AMENDMENT TO HOUSE BILL 772
| 2 | | AMENDMENT NO. ______. Amend House Bill 772 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 6-103 and by adding Section 6-107.5 as | 6 | | follows:
| 7 | | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| 8 | | Sec. 6-103. What persons shall not be licensed as drivers | 9 | | or granted
permits. The Secretary of State shall not issue, | 10 | | renew, or
allow the retention of any driver's
license nor issue | 11 | | any permit under this Code:
| 12 | | 1. To any person, as a driver, who is under the age of | 13 | | 18 years except
as provided in Section 6-107, and except | 14 | | that an instruction permit may be
issued under Section | 15 | | 6-107.1 to a child who
is not less than 15 years of age if | 16 | | the child is enrolled in an approved
driver education |
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| 1 | | course as defined in Section 1-103 of this Code and
| 2 | | requires an instruction permit to participate therein, | 3 | | except that an
instruction permit may be issued under the | 4 | | provisions of Section 6-107.1
to a child who is 17 years | 5 | | and 3 months of age without the child having
enrolled in an
| 6 | | approved driver education course and except that an
| 7 | | instruction permit may be issued to a child who is at least | 8 | | 15 years and 3
months of age, is enrolled in school, meets | 9 | | the educational requirements of
the Driver Education Act, | 10 | | and has passed examinations the Secretary of State in
his | 11 | | or her discretion may prescribe;
| 12 | | 1.5. To any person at least 18 years of age but less | 13 | | than 21 years of age unless the person has, in addition to | 14 | | any other requirements of this Code, successfully | 15 | | completed an adult driver education course as provided in | 16 | | Section 6-107.5 of this Code.
| 17 | | 2. To any person who is under the age of 18 as an | 18 | | operator of a motorcycle
other than a motor driven cycle | 19 | | unless the person has, in addition to
meeting the | 20 | | provisions of Section 6-107 of this Code, successfully
| 21 | | completed a motorcycle
training course approved by the | 22 | | Illinois Department of Transportation and
successfully | 23 | | completes the required Secretary of State's motorcycle | 24 | | driver's
examination;
| 25 | | 3. To any person, as a driver, whose driver's license | 26 | | or permit has been
suspended, during the suspension, nor to |
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| 1 | | any person whose driver's license or
permit has been | 2 | | revoked, except as provided in Sections 6-205, 6-206, and
| 3 | | 6-208;
| 4 | | 4. To any person, as a driver, who is a user of alcohol | 5 | | or any other
drug to a degree that renders the person | 6 | | incapable of safely driving a motor
vehicle;
| 7 | | 5. To any person, as a driver, who has previously been | 8 | | adjudged to be
afflicted with or suffering from any mental | 9 | | or physical disability or disease
and who has not at the | 10 | | time of application been restored to competency by the
| 11 | | methods provided by law;
| 12 | | 6. To any person, as a driver, who is required by the | 13 | | Secretary of State
to submit an alcohol and drug evaluation | 14 | | or take an examination provided
for in this Code unless the | 15 | | person has
successfully passed the examination and | 16 | | submitted any required evaluation;
| 17 | | 7. To any person who is required under the provisions | 18 | | of the laws of
this State to deposit security or proof of | 19 | | financial responsibility and who
has not deposited the | 20 | | security or proof;
| 21 | | 8. To any person when the Secretary of State has good | 22 | | cause to believe
that the person by reason of physical or | 23 | | mental disability would not be
able to safely operate a | 24 | | motor vehicle upon the highways, unless the
person shall | 25 | | furnish to the Secretary of State a verified written
| 26 | | statement, acceptable to the Secretary of State, from a |
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| 1 | | competent medical
specialist, a licensed physician | 2 | | assistant who has been delegated the performance of medical | 3 | | examinations by his or her supervising physician, or a | 4 | | licensed advanced practice nurse who has a written | 5 | | collaborative agreement with a collaborating physician | 6 | | which authorizes him or her to perform medical | 7 | | examinations, to the effect that the operation of a motor | 8 | | vehicle by the
person would not be inimical to the public | 9 | | safety;
| 10 | | 9. To any person, as a driver, who is 69 years of age | 11 | | or older, unless
the person has successfully complied with | 12 | | the provisions of Section 6-109;
| 13 | | 10. To any person convicted, within 12 months of | 14 | | application for a
license, of any of the sexual offenses | 15 | | enumerated in paragraph 2 of subsection
(b) of Section | 16 | | 6-205;
| 17 | | 11. To any person who is under the age of 21 years with | 18 | | a classification
prohibited in paragraph (b) of Section | 19 | | 6-104 and to any person who is under
the age of 18 years | 20 | | with a classification prohibited in paragraph (c) of
| 21 | | Section 6-104;
| 22 | | 12. To any person who has been either convicted of or | 23 | | adjudicated under
the Juvenile Court Act of 1987 based upon | 24 | | a violation of the Cannabis Control
Act, the Illinois | 25 | | Controlled Substances Act, or the Methamphetamine Control | 26 | | and Community Protection Act while that person was in |
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| 1 | | actual
physical control of a motor vehicle. For purposes of | 2 | | this Section, any person
placed on probation under Section | 3 | | 10 of the Cannabis Control Act, Section 410
of the Illinois | 4 | | Controlled Substances Act, or Section 70 of the | 5 | | Methamphetamine Control and Community Protection Act shall | 6 | | not be considered convicted.
Any person found guilty of | 7 | | this offense, while in actual physical control of a
motor | 8 | | vehicle, shall have an entry made in the court record by | 9 | | the judge that
this offense did occur while the person was | 10 | | in actual physical control of a
motor vehicle and order the | 11 | | clerk of the court to report the violation to the
Secretary | 12 | | of State as such. The Secretary of State shall not issue a | 13 | | new
license or permit for a period of one year;
| 14 | | 13. To any person who is under the age of 18 years and | 15 | | who has committed
the offense
of operating a motor vehicle | 16 | | without a valid license or permit in violation of
Section | 17 | | 6-101 or a similar out of state offense;
| 18 | | 14. To any person who is
90 days or more
delinquent in | 19 | | court ordered child support
payments or has been | 20 | | adjudicated in arrears
in an amount equal to 90 days' | 21 | | obligation or more
and who has been found in contempt
of
| 22 | | court for failure to pay the support, subject to the | 23 | | requirements and
procedures of Article VII of Chapter 7 of
| 24 | | the Illinois Vehicle Code;
| 25 | | 14.5. To any person certified by the Illinois | 26 | | Department of Healthcare and Family Services as being 90 |
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| 1 | | days or more delinquent in payment of support under an | 2 | | order of support entered by a court or administrative body | 3 | | of this or any other State, subject to the requirements and | 4 | | procedures of Article VII of Chapter 7 of this Code | 5 | | regarding those certifications;
| 6 | | 15. To any person released from a term of imprisonment | 7 | | for violating
Section 9-3 of the Criminal Code of 1961 or | 8 | | the Criminal Code of 2012, or a similar provision of a law | 9 | | of another state relating to reckless homicide or for | 10 | | violating subparagraph (F) of paragraph (1) of subsection | 11 | | (d) of Section 11-501 of this Code relating to aggravated | 12 | | driving under the influence of alcohol, other drug or | 13 | | drugs, intoxicating compound or compounds, or any | 14 | | combination thereof, if the violation was the proximate | 15 | | cause of a death, within
24 months of release from a term | 16 | | of imprisonment;
| 17 | | 16. To any person who, with intent to influence any act | 18 | | related to the issuance of any driver's license or permit, | 19 | | by an employee of the Secretary of State's Office, or the | 20 | | owner or employee of any commercial driver training school | 21 | | licensed by the Secretary of State, or any other individual | 22 | | authorized by the laws of this State to give driving | 23 | | instructions or administer all or part of a driver's | 24 | | license examination, promises or tenders to that person any | 25 | | property or personal advantage which that person is not | 26 | | authorized by law to accept. Any persons promising or |
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| 1 | | tendering such property or personal advantage shall be | 2 | | disqualified from holding any class of driver's license or | 3 | | permit for 120 consecutive days. The Secretary of State | 4 | | shall establish by rule the procedures for implementing | 5 | | this period of disqualification and the procedures by which | 6 | | persons so disqualified may obtain administrative review | 7 | | of the decision to disqualify;
| 8 | | 17. To any person for whom the Secretary of State | 9 | | cannot verify the
accuracy of any information or | 10 | | documentation submitted in application for a
driver's | 11 | | license; or
| 12 | | 18. To any person who has been adjudicated under the | 13 | | Juvenile Court Act of 1987 based upon an offense that is | 14 | | determined by the court to have been committed in | 15 | | furtherance of the criminal activities of an organized | 16 | | gang, as provided in Section 5-710 of that Act, and that | 17 | | involved the operation or use of a motor vehicle or the use | 18 | | of a driver's license or permit. The person shall be denied | 19 | | a license or permit for the period determined by the court.
| 20 | | The Secretary of State shall retain all conviction
| 21 | | information, if the information is required to be held | 22 | | confidential under
the Juvenile Court Act of 1987. | 23 | | (Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10; | 24 | | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff. | 25 | | 7-22-11; 97-1150, eff. 1-25-13.) |
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| 1 | | (625 ILCS 5/6-107.5 new) | 2 | | Sec. 6-107.5. Adult Driver Education Course. | 3 | | (a) The Secretary shall establish by rule the curriculum | 4 | | and designate the materials to be used in an adult driver | 5 | | education course. The course shall be at least 6 hours in | 6 | | length and shall include instruction on traffic laws; highway | 7 | | signs, signals, and markings that regulate, warn, or direct | 8 | | traffic; and issues commonly associated with motor vehicle | 9 | | accidents including poor decision-making, risk taking, | 10 | | impaired driving, distraction, speed, failure to use a safety | 11 | | belt, driving at night, failure to yield the right-of-way, | 12 | | texting while driving, using wireless communication devices, | 13 | | and alcohol and drug awareness. | 14 | | (b) The Secretary shall certify course providers. The | 15 | | requirements to be a certified course provider, the process for | 16 | | applying for certification, and the procedure for decertifying | 17 | | a course provider shall be established by rule. | 18 | | (c) The Secretary may permit a course provider to offer the | 19 | | course online, if the Secretary is satisfied the course | 20 | | provider has established adequate procedures for verifying: | 21 | | (1) the identity of the person taking the course | 22 | | online; and | 23 | | (2) the person completes the entire course. | 24 | | (d) The Secretary shall establish a method of electronic | 25 | | verification of a student's successful completion of the | 26 | | course. |
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| 1 | | (e) The fee charged by the course provider must bear a | 2 | | reasonable relationship to the cost of the course. The | 3 | | Secretary shall post on the Secretary of State's website a list | 4 | | of approved course providers, the fees charged by the | 5 | | providers, and contact information for each provider. | 6 | | (f) In addition to any other fee charged by the course | 7 | | provider, the course provider shall collect a fee of $5 from | 8 | | each student to offset the costs incurred by the Secretary in | 9 | | administering this program. The $5 shall be submitted to the | 10 | | Secretary within 14 days of the day on which it was collected. | 11 | | All such fees received by the Secretary shall be deposited in | 12 | | the Secretary of State Drivers Administration Fund. | 13 | |
| 14 | | Section 99. Effective date. This Act takes effect July 1, | 15 | | 2014.".
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