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90_HB1207
625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
Amends the Illinois Vehicle Code. Provides that the
Secretary of State shall not issue, renew, or allow the
retention of a driver's license nor issue a permit to a
person under the age of 21 years who has been convicted of a
gang-related felony offense until the person is 21 years of
age. Provides that the Secretary shall revoke the license or
permit of a driver upon receiving a report of the driver's
conviction of a gang-related felony offense. Effective
immediately.
LRB9004334NTsb
LRB9004334NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-103 and 6-205.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-103 and 6-205 as 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
11 issue any permit under this Code:
12 1. To any person, as a driver, who is under the age
13 of 18 years except as provided in Section 6-107, and
14 except that an instruction permit may be issued under
15 paragraphs (a) and (b) of Section 6-105 to a child who is
16 not less than 15 years of age if the child is enrolled in
17 an approved driver education course as defined in Section
18 1-103 of this Code and requires an instruction permit to
19 participate therein;
20 2. To any person who is under the age of 18 as an
21 operator of a motorcycle other than a motor driven cycle
22 unless the person has, in addition to meeting the
23 provisions of Section 6-107 of this Code, completed a
24 motorcycle training course approved by the Illinois
25 Department of Transportation and successfully completes
26 the required Secretary of State's motorcycle driver's
27 examination;
28 3. To any person, as a driver, whose driver's
29 license or permit has been suspended, during the
30 suspension, nor to any person whose driver's license or
31 permit has been revoked, except as provided in Sections
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1 6-205, 6-206, and 6-208;
2 4. To any person, as a driver, who is a user of
3 alcohol or any other drug to a degree that renders the
4 person incapable of safely driving a motor vehicle;
5 5. To any person, as a driver, who has previously
6 been adjudged to be afflicted with or suffering from any
7 mental or physical disability or disease and who has not
8 at the time of application been restored to competency by
9 the methods provided by law;
10 6. To any person, as a driver, who is required by
11 the Secretary of State to submit an alcohol and drug
12 evaluation or take an examination provided for in this
13 Code unless the person has successfully passed the
14 examination and submitted any required evaluation;
15 7. To any person who is required under the
16 provisions of the laws of this State to deposit security
17 or proof of financial responsibility and who has not
18 deposited the security or proof;
19 8. To any person when the Secretary of State has
20 good cause to believe that the person by reason of
21 physical or mental disability would not be able to safely
22 operate a motor vehicle upon the highways, unless the
23 person shall furnish to the Secretary of State a verified
24 written statement, acceptable to the Secretary of State,
25 from a competent medical specialist to the effect that
26 the operation of a motor vehicle by the person would not
27 be inimical to the public safety;
28 9. To any person, as a driver, who is 69 years of
29 age or older, unless the person has successfully complied
30 with the provisions of Section 6-109;
31 10. To any person convicted, within 12 months of
32 application for a license, of any of the sexual offenses
33 enumerated in paragraph 2 of subsection (b) of Section
34 6-205;
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1 11. To any person who is under the age of 21 years
2 with a classification prohibited in paragraph (b) of
3 Section 6-104 and to any person who is under the age of
4 18 years with a classification prohibited in paragraph
5 (c) of Section 6-104; or
6 12. To any person who has been either convicted of
7 or adjudicated under the Juvenile Court Act of 1987 based
8 upon a violation of the Cannabis Control Act or the
9 Illinois Controlled Substances Act while that person was
10 in actual physical control of a motor vehicle. For
11 purposes of this Section, any person placed on probation
12 under Section 10 of the Cannabis Control Act or Section
13 410 of the Illinois Controlled Substances Act shall not
14 be considered convicted. Any person found guilty of this
15 offense, while in actual physical control of a motor
16 vehicle, shall have an entry made in the court record by
17 the judge that this offense did occur while the person
18 was in actual physical control of a motor vehicle and
19 order the clerk of the court to report the violation to
20 the Secretary of State as such. The Secretary of State
21 shall not issue a new license or permit for a period of
22 one year; or.
23 13. To any person under the age of 21 years who has
24 been convicted of any gang-related felony offense, as
25 defined in Section 10 of the Illinois Streetgang
26 Terrorism Omnibus Prevention Act, until the person is 21
27 years of age.
28 The Secretary of State shall retain all conviction
29 information, if the information is required to be held
30 confidential under the Juvenile Court Act of 1987.
31 (Source: P.A. 87-1114; 88-212.)
32 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
33 Sec. 6-205. Mandatory revocation of license or permit;
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1 Hardship cases.
2 (a) Except as provided in this Section, the Secretary of
3 State shall immediately revoke the license or permit of any
4 driver upon receiving a report of the driver's conviction of
5 any of the following offenses:
6 1. Reckless homicide resulting from the operation
7 of a motor vehicle;
8 2. Violation of Section 11-501 of this Code or a
9 similar provision of a local ordinance relating to the
10 offense of operating or being in physical control of a
11 vehicle while under the influence of alcohol, other drug,
12 or combination of both;
13 3. Any felony under the laws of any State or the
14 federal government in the commission of which a motor
15 vehicle was used;
16 4. Violation of Section 11-401 of this Code
17 relating to the offense of leaving the scene of a traffic
18 accident involving death or personal injury;
19 5. Perjury or the making of a false affidavit or
20 statement under oath to the Secretary of State under this
21 Code or under any other law relating to the ownership or
22 operation of motor vehicles;
23 6. Conviction upon 3 charges of violation of
24 Section 11-503 of this Code relating to the offense of
25 reckless driving committed within a period of 12 months;
26 7. Conviction of the offense of automobile theft as
27 defined in Section 4-102 of this Code;
28 8. Violation of Section 11-504 of this Code
29 relating to the offense of drag racing;
30 9. Violation of Chapters 8 and 9 of this Code;
31 10. Violation of Section 12-5 of the Criminal Code
32 of 1961 arising from the use of a motor vehicle;
33 11. Violation of Section 11-204.1 of this Code
34 relating to aggravated fleeing or attempting to elude a
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1 police officer;
2 12. Violation of paragraph (1) of subsection (b) of
3 Section 6-507, or a similar law of any other state,
4 relating to the unlawful operation of a commercial motor
5 vehicle;
6 13. Violation of paragraph (a) of Section 11-502 of
7 this Code or a similar provision of a local ordinance if
8 the driver has been previously convicted of a violation
9 of that Section or a similar provision of a local
10 ordinance and the driver was less than 21 years of age at
11 the time of the offense;.
12 14. Any gang-related felony offense, as defined in
13 Section 10 of the Illinois Streetgang Terrorism Omnibus
14 Prevention Act.
15 (b) The Secretary of State shall also immediately revoke
16 the license or permit of any driver in the following
17 situations:
18 1. Of any minor upon receiving the notice provided
19 for in Section 1-8 of the Juvenile Court Act of 1987 that
20 the minor has been adjudicated under that Act as having
21 committed an offense relating to motor vehicles
22 prescribed in Section 4-103 of this Code;
23 2. Of any person when any other law of this State
24 requires either the revocation or suspension of a license
25 or permit.
26 (c) Whenever a person is convicted of any of the
27 offenses enumerated in this Section, the court may recommend
28 and the Secretary of State in his discretion, without regard
29 to whether the recommendation is made by the court, may, upon
30 application, issue to the person a restricted driving permit
31 granting the privilege of driving a motor vehicle between the
32 petitioner's residence and petitioner's place of employment
33 or within the scope of the petitioner's employment related
34 duties, or to allow transportation for the petitioner or a
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1 household member of the petitioner's family for the receipt
2 of necessary medical care or, if the professional evaluation
3 indicates, provide transportation for the petitioner for
4 alcohol remedial or rehabilitative activity, or for the
5 petitioner to attend classes, as a student, in an accredited
6 educational institution; if the petitioner is able to
7 demonstrate that no alternative means of transportation is
8 reasonably available and the petitioner will not endanger the
9 public safety or welfare; provided that the Secretary's
10 discretion shall be limited to cases where undue hardship
11 would result from a failure to issue the restricted driving
12 permit. In each case the Secretary of State may issue a
13 restricted driving permit for a period he deems appropriate,
14 except that the permit shall expire within one year from the
15 date of issuance. A restricted driving permit issued under
16 this Section shall be subject to cancellation, revocation,
17 and suspension by the Secretary of State in like manner and
18 for like cause as a driver's license issued under this Code
19 may be cancelled, revoked, or suspended; except that a
20 conviction upon one or more offenses against laws or
21 ordinances regulating the movement of traffic shall be deemed
22 sufficient cause for the revocation, suspension, or
23 cancellation of a restricted driving permit. The Secretary of
24 State may, as a condition to the issuance of a restricted
25 driving permit, require the applicant to participate in a
26 designated driver remedial or rehabilitative program. The
27 Secretary of State is authorized to cancel a restricted
28 driving permit if the permit holder does not successfully
29 complete the program. However, if an individual's driving
30 privileges have been revoked in accordance with paragraph 13
31 of subsection (a) of this Section, no restricted driving
32 permit shall be issued until the individual has served 6
33 months of the revocation period.
34 (d) Whenever a person under the age of 21 is convicted
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1 under Section 11-501 of this Code or a similar provision of a
2 local ordinance, the Secretary of State shall revoke the
3 driving privileges of that person. One year after the date
4 of revocation, and upon application, the Secretary of State
5 may, if satisfied that the person applying will not endanger
6 the public safety or welfare, issue a restricted driving
7 permit granting the privilege of driving a motor vehicle only
8 between the hours of 5 a.m. and 9 p.m. or as otherwise
9 provided by this Section for a period of one year. After
10 this one year period, and upon reapplication for a license as
11 provided in Section 6-106, upon payment of the appropriate
12 reinstatement fee provided under paragraph (b) of Section
13 6-118, the Secretary of State, in his discretion, may issue
14 the applicant a license, or extend the restricted driving
15 permit as many times as the Secretary of State deems
16 appropriate, by additional periods of not more than 12 months
17 each, until the applicant attains 21 years of age. A
18 restricted driving permit issued under this Section shall be
19 subject to cancellation, revocation, and suspension by the
20 Secretary of State in like manner and for like cause as a
21 driver's license issued under this Code may be cancelled,
22 revoked, or suspended; except that a conviction upon one or
23 more offenses against laws or ordinances regulating the
24 movement of traffic shall be deemed sufficient cause for the
25 revocation, suspension, or cancellation of a restricted
26 driving permit. Any person under 21 years of age who has a
27 driver's license revoked for a second or subsequent
28 conviction for driving under the influence, prior to the age
29 of 21, shall not be eligible to submit an application for a
30 full reinstatement of driving privileges or a restricted
31 driving permit until age 21 or one additional year from the
32 date of the latest such revocation, whichever is the longer.
33 The revocation periods contained in this subparagraph shall
34 apply to similar out-of-state convictions.
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1 (e) This Section is subject to the provisions of the
2 Driver License Compact.
3 (f) Any revocation imposed upon any person under
4 subsections 2 and 3 of paragraph (b) that is in effect on
5 December 31, 1988 shall be converted to a suspension for a
6 like period of time.
7 (Source: P.A. 88-209; 89-156, eff. 1-1-96; 89-245, eff.
8 1-1-96; 89-626, eff. 8-9-96.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.