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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permit has been revoked, except as provided in Sections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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