96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0945


 
Introduced 2/6/2009, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		







  



625 ILCS 5/6-103
  from Ch. 95 1/2, par. 6-103








    Amends the Illinois Vehicle Code.  Makes a technical change in a
Section concerning persons
that are
not to be granted a license or permit.
















LRB096 07053 AJT 17139 b

















 


 


A BILL FOR









 











SB0945

LRB096 07053 AJT 17139 b






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    AN ACT concerning transportation.

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

 
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    Section 5. The Illinois Vehicle Code is amended by changing 
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Section 6-103 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 
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or granted
permits.  The
The Secretary of State shall not issue, 
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renew, or
allow the retention of any driver's
license nor issue 
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any permit under this Code:

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        1. To any person, as a driver, who is under the age of 
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    18 years except
as provided in Section 6-107, and except 
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    that an instruction permit may be
issued under Section 
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    6-107.1 to a child who
is not less than 15 years of age if 
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    the child is enrolled in an approved
driver education 
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    course as defined in Section 1-103 of this Code and

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    requires an instruction permit to participate therein, 
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    except that an
instruction permit may be issued under the 
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    provisions of Section 6-107.1
to a child who is 17 years 
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    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 
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    15 years and 6
months of age, is enrolled in school, meets 
 


 






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    the educational requirements of
the Driver Education Act, 
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    and has passed examinations the Secretary of State in
his 
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    or her discretion may prescribe;


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        2. To any person who is under the age of 18 as an 
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    operator of a motorcycle
other than a motor driven cycle 
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    unless the person has, in addition to
meeting the 
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    provisions of Section 6-107 of this Code, successfully

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    completed a motorcycle
training course approved by the 
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    Illinois Department of Transportation and
successfully 
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    completes the required Secretary of State's motorcycle 
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    driver's
examination;


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        3. To any person, as a driver, whose driver's license 
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    or permit has been
suspended, during the suspension, nor to 
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    any person whose driver's license or
permit has been 
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    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 
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    or any other
drug to a degree that renders the person 
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    incapable of safely driving a motor
vehicle;


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        5. To any person, as a driver, who has previously been 
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    adjudged to be
afflicted with or suffering from any mental 
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    or physical disability or disease
and who has not at the 
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    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 
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    Secretary of State
to submit an alcohol and drug evaluation 
 


 






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    or take an examination provided
for in this Code unless the 
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    person has
successfully passed the examination and 
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    submitted any required evaluation;


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        7. To any person who is required under the provisions 
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    of the laws of
this State to deposit security or proof of 
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    financial responsibility and who
has not deposited the 
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    security or proof;


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        8. To any person when the Secretary of State has good 
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    cause to believe
that the person by reason of physical or 
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    mental disability would not be
able to safely operate a 
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    motor vehicle upon the highways, unless the
person shall 
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    furnish to the Secretary of State a verified written

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    statement, acceptable to the Secretary of State, from a 
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    competent medical
specialist to the effect that the 
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    operation of a motor vehicle by the
person would not be 
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    inimical to the public safety;


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        9. To any person, as a driver, who is 69 years of age 
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    or older, unless
the person has successfully complied with 
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    the provisions of Section 6-109;


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        10. To any person convicted, within 12 months of 
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    application for a
license, of any of the sexual offenses 
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    enumerated in paragraph 2 of subsection
(b) of Section 
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    6-205;


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        11. To any person who is under the age of 21 years with 
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    a classification
prohibited in paragraph (b) of Section 
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    6-104 and to any person who is under
the age of 18 years 
 


 






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    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 
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    adjudicated under
the Juvenile Court Act of 1987 based upon 
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    a violation of the Cannabis Control
Act, the Illinois 
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    Controlled Substances Act, or the Methamphetamine Control 
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    and Community Protection Act while that person was in 
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    actual
physical control of a motor vehicle.  For purposes of 
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    this Section, any person
placed on probation under Section 
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    10 of the Cannabis Control Act, Section 410
of the Illinois 
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    Controlled Substances Act, or Section 70 of the 
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    Methamphetamine Control and Community Protection Act shall 
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    not be considered convicted.
Any person found guilty of 
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    this offense, while in actual physical control of a
motor 
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    vehicle, shall have an entry made in the court record by 
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    the judge that
this offense did occur while the person was 
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    in actual physical control of a
motor vehicle and order the 
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    clerk of the court to report the violation to the
Secretary 
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    of State as such.  The Secretary of State shall not issue a 
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    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 
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    who has committed
the offense
of operating a motor vehicle 
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    without a valid license or permit in violation of
Section 
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    6-101;


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        14. To any person who is
90 days or more
delinquent in 
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    court ordered child support
payments or has been 
 


 






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


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

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        16. To any person who, with intent to influence any act 
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    related to the issuance of any driver's license or permit, 
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    by an employee of the Secretary of State's Office, or the 
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    owner or employee of any commercial driver training school 
 


 






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

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

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        18. To any person who has been adjudicated under the 
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    Juvenile Court Act of 1987 based upon an offense that is 
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    determined by the court to have been committed in 
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    furtherance of the criminal activities of an organized 
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    gang, as provided in Section 5-710 of that Act, and that 
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    involved the operation or use of a motor vehicle or the use 
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    of a driver's license or permit. The person shall be denied 
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    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 
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confidential under
the Juvenile Court Act of 1987.
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(Source: P.A. 94-556, eff. 9-11-05; 95-310, eff. 1-1-08; 
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95-337, eff. 6-1-08; 95-685, eff. 6-23-07; 95-876, eff. 
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8-21-08.)