Public Act 098-0167
 
HB0772 EnrolledLRB098 03611 MLW 33627 b



    AN ACT concerning transportation.

 
    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 and  by adding Section 6-107.5 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 Section 
    6-107.1 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 3 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 3
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;

        1.5. To any person at least 18 years of age but less 
    than 21 years of age unless the person has, in addition to 
    any other requirements of this Code, successfully 
    completed an adult driver education course as provided in 
    Section 6-107.5 of this Code. 

        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permit has been 
    revoked, except as provided in Sections 6-205, 6-206, and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, a licensed physician 
    assistant who has been delegated the performance of medical 
    examinations by his or her supervising physician, or a  
    licensed advanced practice nurse who has a written 
    collaborative agreement with a collaborating physician 
    which authorizes him or her to perform medical 
    examinations, 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, the Illinois 
    Controlled Substances Act, or the Methamphetamine Control 
    and Community Protection 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, Section 410
of the Illinois 
    Controlled Substances Act, or Section 70 of the 
    Methamphetamine Control and Community Protection 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 or a similar out of state offense;


        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;


        14.5.  To any person certified by the Illinois 
    Department of Healthcare and Family Services as being 90 
    days or more delinquent in payment of support under an 
    order of support entered by a court or administrative body 
    of this or any other State, subject to the requirements and 
    procedures of Article VII of Chapter 7 of this Code 
    regarding those certifications;


        15. To any person released from a term of imprisonment 
    for violating
Section 9-3 of the Criminal Code of 1961 or 
    the Criminal Code of 2012, or a similar provision of a law 
    of another state relating to reckless homicide or for 
    violating subparagraph (F) of paragraph (1) of subsection 
    (d) of Section 11-501 of this Code relating to aggravated 
    driving under the influence of alcohol, other drug or 
    drugs, intoxicating compound or compounds, or any 
    combination thereof, if the violation was the proximate 
    cause of a death, within
24 months of release from a term 
    of imprisonment;

        16. To any person who, with intent to influence any act 
    related to the issuance of any driver's license or permit, 
    by an employee of the Secretary of State's Office, or the 
    owner or employee of any commercial driver training school 
    licensed by the Secretary of State, or any other individual 
    authorized by the laws of this State to give driving 
    instructions or administer all or part of a driver's 
    license examination, promises or tenders to that person any 
    property or personal advantage which that person is not 
    authorized by law to accept.  Any persons promising or 
    tendering such property or personal advantage shall be 
    disqualified from holding any class of driver's license or 
    permit for 120 consecutive days.  The Secretary of State 
    shall establish by rule the procedures for implementing 
    this period of disqualification and the procedures by which 
    persons so disqualified may obtain administrative review 
    of the decision to disqualify;

        17.  To any person for whom the Secretary of State 
    cannot verify the
accuracy of any information or 
    documentation submitted in application for a
driver's 
    license; or

        18. To any person who has been adjudicated under the 
    Juvenile Court Act of 1987 based upon an offense that is 
    determined by the court to have been committed in 
    furtherance of the criminal activities of an organized 
    gang, as provided in Section 5-710 of that Act, and that 
    involved the operation or use of a motor vehicle or the use 
    of a driver's license or permit. The person shall be denied 
    a license or permit for the period determined by the court.

    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. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10; 
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff. 
7-22-11; 97-1150, eff. 1-25-13.)
 
    (625 ILCS 5/6-107.5 new)
    Sec. 6-107.5. Adult Driver Education Course.
    (a) The Secretary shall establish by rule the curriculum 
and designate the materials to be used in an adult driver 
education course.  The course shall be at least 6 hours in 
length and shall include instruction on traffic laws; highway 
signs, signals, and markings that regulate, warn, or direct 
traffic; and issues commonly associated with motor vehicle 
accidents including poor decision-making, risk taking, 
impaired driving, distraction, speed, failure to use a safety 
belt, driving at night, failure to yield the right-of-way, 
texting while driving, using wireless communication devices, 
and alcohol and drug awareness. The curriculum shall not 
require the operation of a motor vehicle.
    (b) The Secretary shall certify course providers.  The 
requirements to be a certified course provider, the process for 
applying for certification, and the procedure for decertifying 
a course provider shall be established by rule.
    (c) The Secretary may permit a course provider to offer the 
course online, if the Secretary is satisfied the course 
provider has established adequate procedures for verifying:
        (1) the identity of the person taking the course 
    online; and
        (2) the person completes the entire course.
    (d) The Secretary shall establish a method of electronic 
verification of a student's successful completion of the 
course.
    (e) The fee charged by the course provider must bear a 
reasonable relationship to the cost of the course.  The 
Secretary shall post on the Secretary of State's website a list 
of approved course providers, the fees charged by the 
providers, and contact information for each provider. 
    (f) In addition to any other fee charged by the course 
provider, the course provider shall collect a fee of $5 from 
each student to offset the costs incurred by the Secretary in 
administering this program.  The $5 shall be submitted to the 
Secretary within 14 days of the day on which it was collected.  
All such fees received by the Secretary shall be deposited in 
the Secretary of State Driver Services Administration Fund. 
 


    Section 99. Effective date. This Act takes effect July 1, 
2014.


Effective Date:  7/1/2014