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Public Act 098-0167 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 6-103 and by adding Section 6-107.5 as follows:
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(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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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:
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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
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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
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approved driver education course and except that an
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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;
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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.
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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
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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;
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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
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6-208;
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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;
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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
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methods provided by law;
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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;
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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;
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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
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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;
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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;
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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;
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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
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Section 6-104;
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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;
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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;
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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
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court for failure to pay the support, subject to the | ||
requirements and
procedures of Article VII of Chapter 7 of
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the Illinois Vehicle Code;
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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;
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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;
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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;
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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
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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.
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The Secretary of State shall retain all conviction
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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. | ||
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Section 99. Effective date. This Act takes effect July 1, | ||
2014.
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