Public Act 093-0783
 		





SB2167 Enrolled
LRB093 15724 RLC 41334 b






    AN ACT concerning the Office of the Secretary of State.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 2. The Illinois Vehicle Code is amended  by changing 
Section 6-103 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, 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permit has been 
    revoked, except as provided in Sections 6-205, 6-206, and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 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;


        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; or

        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.

    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. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04.)

 
    Section 5. The Criminal Code of 1961 is amended  by adding 
Section 33-6 as follows:
 
    (720 ILCS 5/33-6  new)
    Sec. 33-6. Bribery to obtain driving privileges.

    (a) A person commits the offense of bribery to obtain 
driving privileges when:
        (1) with intent to influence any act related to the 
    issuance of any driver's license or permit by an employee 
    of the Illinois Secretary of State's Office, or the owner 
    or employee of any commercial driver training school 
    licensed by the Illinois 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, he or she promises or tenders 
    to that person any property or personal advantage which 
    that person is not authorized by law to accept; or
        (2) with intent to cause any person to influence any 
    act related to the issuance of any driver's license or 
    permit by an employee of the Illinois Secretary of State's 
    Office, or the owner or employee of any commercial driver 
    training school licensed by the Illinois 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, he or she 
    promises or tenders to that person any property or personal 
    advantage which that person is not authorized by law to 
    accept; or
        (3) as an employee of the Illinois Secretary of State's 
    Office, or the owner or employee of any commercial driver 
    training school licensed by the Illinois 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, solicits, 
    receives, retains, or agrees to accept any property or 
    personal advantage that he or she is not authorized by law 
    to accept knowing that such property or personal advantage 
    was promised or tendered with intent to influence the 
    performance of any act related to the issuance of any 
    driver's license or permit; or
        (4) as an employee of the Illinois Secretary of State's 
    Office, or the owner or employee of any commercial driver 
    training school licensed by the Illinois 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, solicits, 
    receives, retains, or agrees to accept any property or 
    personal advantage pursuant to an understanding that he or 
    she shall improperly influence or attempt to influence the 
    performance of any act related to the issuance of any 
    driver's license or permit.
    (b) Sentence.
Bribery to obtain driving privileges is a 
Class 2 felony.