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92nd General Assembly

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Public Act 92-0343

SB602 Enrolled                                 LRB9203777DHcs

    AN ACT in relation to vehicles.

    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 Sections 6-103 and 6-208 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
    paragraphs (a) and (b) of Section 6-105 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 9 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 6 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;
         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,  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    permit has been revoked, except as provided  in  Sections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 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 or the
    Illinois Controlled Substances 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 or Section
    410 of the Illinois Controlled Substances 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
         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; or.
         15.  To  any  person  released  from   a   term   of
    imprisonment  for  violating  Section 9-3 of the Criminal
    Code of 1961 relating  to  reckless  homicide  within  24
    months of release from a term of imprisonment.
    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. 90-369, eff. 1-1-98; 90-733, eff. 8-11-98.)

    (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
    Sec. 6-208.  Period of  Suspension  -  Application  After
Revocation.
    (a)  Except  as  otherwise  provided  by this Code or any
other law of this State, the Secretary  of  State  shall  not
suspend  a  driver's  license, permit or privilege to drive a
motor vehicle on the highways for a period of more  than  one
year.
    (b)  Any  person  whose  license,  permit or privilege to
drive a motor vehicle on the highways has been revoked  shall
not  be  entitled  to  have such license, permit or privilege
renewed or restored.  However, such  person  may,  except  as
provided   under   subsection  (d)  of  Section  6-205,  make
application for a license pursuant to Section  6-106  (i)  if
the revocation was for a cause which has been removed or (ii)
as provided in the following subparagraphs:
         1.  Except as provided in subparagraphs 2, 3, and 4,
    the  person  may make application for a license after the
    expiration of one year from the  effective  date  of  the
    revocation  or,  in  the case of a violation of paragraph
    (b) of Section 11-401 of this Code or a similar provision
    of a local ordinance, after the  expiration  of  3  years
    from the effective date of the revocation or, in the case
    of  a  violation  of  Section 9-3 of the Criminal Code of
    1961 relating to the offense of reckless homicide,  after
    the  expiration of 2 years from the effective date of the
    revocation or after the expiration of 24 months from  the
    date of release from a period of imprisonment as provided
    in Section 6-103 of this Code, whichever is later.
         2.  If  such  person  is  convicted  of committing a
    second violation within a 20 year period of:
              (A)  Section 11-501 of this Code, or a  similar
         provision of a local ordinance; or
              (B)  Paragraph  (b)  of  Section 11-401 of this
         Code, or a similar provision of a  local  ordinance;
         or
              (C)  Section  9-3 of the Criminal Code of 1961,
         as amended, relating  to  the  offense  of  reckless
         homicide; or
              (D)  any  combination  of  the  above  offenses
         committed at different instances;
    then  such  person may not make application for a license
    until after the expiration of 5 years from the  effective
    date  of  the most recent revocation.  The 20 year period
    shall be computed by using the dates  the  offenses  were
    committed  and  shall  also  include similar out-of-state
    offenses.
         3.  However, except as provided in  subparagraph  4,
    if  such  person  is  convicted of committing a third, or
    subsequent, violation or any  combination  of  the  above
    offenses,   including   similar   out-of-state  offenses,
    contained in subparagraph 2, then  such  person  may  not
    make application for a license until after the expiration
    of  10  years  from the effective date of the most recent
    revocation.
         4.  The  person  may  not  make  application  for  a
    license if the person is convicted of committing a fourth
    or subsequent violation of Section 11-501 of this Code or
    a similar provision of a local ordinance,  paragraph  (b)
    of  Section  11-401  of  this  Code,  Section  9-3 of the
    Criminal Code of 1961, or a combination of these offenses
    or similar provisions  of  local  ordinances  or  similar
    out-of-state  offenses  if  the  original  revocation  or
    suspension  was  for  a  violation  of  Section 11-501 or
    11-501.1 of this Code or a similar provision of  a  local
    ordinance.
    Notwithstanding  any  other  provision  of this Code, all
persons referred to in this paragraph (b) may not have  their
privileges  restored  until the Secretary receives payment of
the required reinstatement fee pursuant to subsection (b)  of
Section 6-118.
    In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied,  after  a  review or investigation of such person,
that to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
(Source: P.A. 90-543,  eff.  12-1-97;  90-738,  eff.  1-1-99;
91-357, eff. 7-29-99.)
    Passed in the General Assembly May 16, 2001.
    Approved August 10, 2001.

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