HB2582 EngrossedLRB103 26387 MXP 52750 b HB2582 Engrossed LRB103 26387 MXP 52750 b
HB2582 Engrossed LRB103 26387 MXP 52750 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 6-103 as follows:
6 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
7 Sec. 6-103. What persons shall not be licensed as drivers
8 or granted permits. The Secretary of State shall not issue,
9 renew, or allow the retention of any driver's license nor
10 issue any permit under this Code:
11 1. To any person, as a driver, who is under the age of
12 18 years except as provided in Section 6-107, and except
13 that an instruction permit may be issued under Section
14 6-107.1 to a child who is not less than 15 years of age if
15 the child is enrolled in an approved driver education
16 course as defined in Section 1-103 of this Code and
17 requires an instruction permit to participate therein,
18 except that an instruction permit may be issued under the
19 provisions of Section 6-107.1 to a child who is 17 years
20 and 3 months of age without the child having enrolled in an
21 approved driver education course and except that an
22 instruction permit may be issued to a child who is at least
23 15 years and 3 months of age, is enrolled in school, meets
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1 the educational requirements of the Driver Education Act,
2 and has passed examinations the Secretary of State in his
3 or her discretion may prescribe;
4 1.5. To any person at least 18 years of age but less
5 than 21 years of age unless the person has, in addition to
6 any other requirements of this Code, successfully
7 completed an adult driver education course as provided in
8 Section 6-107.5 of this Code;
9 2. To any person who is under the age of 18 as an
10 operator of a motorcycle other than a motor driven cycle
11 unless the person has, in addition to meeting the
12 provisions of Section 6-107 of this Code, successfully
13 completed a motorcycle training course approved by the
14 Illinois Department of Transportation and successfully
15 completes the required Secretary of State's motorcycle
16 driver's examination;
17 3. To any person, as a driver, whose driver's license
18 or permit has been suspended, during the suspension, nor
19 to any person whose driver's license or permit has been
20 revoked, except as provided in Sections 6-205, 6-206, and
21 6-208;
22 4. To any person, as a driver, who is a user of alcohol
23 or any other drug to a degree that renders the person
24 incapable of safely driving a motor vehicle;
25 5. To any person, as a driver, who has previously been
26 adjudged to be afflicted with or suffering from any mental
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1 or physical disability or disease and who has not at the
2 time of application been restored to competency by the
3 methods provided by law;
4 6. To any person, as a driver, who is required by the
5 Secretary of State to submit an alcohol and drug
6 evaluation or take an examination provided for in this
7 Code unless the person has successfully passed the
8 examination and submitted any required evaluation;
9 7. To any person who is required under the provisions
10 of the laws of this State to deposit security or proof of
11 financial responsibility and who has not deposited the
12 security or proof;
13 8. To any person when the Secretary of State has good
14 cause to believe that the person by reason of physical or
15 mental disability would not be able to safely operate a
16 motor vehicle upon the highways, unless the person shall
17 furnish to the Secretary of State a verified written
18 statement, acceptable to the Secretary of State, from a
19 competent medical specialist, a licensed physician
20 assistant, or a licensed advanced practice registered
21 nurse, to the effect that the operation of a motor vehicle
22 by the person would not be inimical to the public safety;
23 9. To any person, as a driver, who is 69 years of age
24 or older, unless the person has successfully complied with
25 the provisions of Section 6-109;
26 10. To any person convicted, within 12 months of
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1 application for a license, of any of the sexual offenses
2 enumerated in paragraph 2 of subsection (b) of Section
3 6-205;
4 11. To any person who is under the age of 21 years with
5 a classification prohibited in paragraph (b) of Section
6 6-104 and to any person who is under the age of 18 years
7 with a classification prohibited in paragraph (c) of
8 Section 6-104;
9 12. To any person who has been either convicted of or
10 adjudicated under the Juvenile Court Act of 1987 based
11 upon a violation of the Cannabis Control Act, the Illinois
12 Controlled Substances Act, or the Methamphetamine Control
13 and Community Protection Act while that person was in
14 actual physical control of a motor vehicle. For purposes
15 of this Section, any person placed on probation under
16 Section 10 of the Cannabis Control Act, Section 410 of the
17 Illinois Controlled Substances Act, or Section 70 of the
18 Methamphetamine Control and Community Protection Act shall
19 not be considered convicted. Any person found guilty of
20 this offense, while in actual physical control of a motor
21 vehicle, shall have an entry made in the court record by
22 the judge that this offense did occur while the person was
23 in actual physical control of a motor vehicle and order
24 the clerk of the court to report the violation to the
25 Secretary of State as such. The Secretary of State shall
26 not issue a new license or permit for a period of one year;
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1 13. To any person who is under the age of 18 years and
2 who has committed the offense of operating a motor vehicle
3 without a valid license or permit in violation of Section
4 6-101 or a similar out of state offense;
5 14. To any person who is 90 days or more delinquent in
6 court ordered child support payments or has been
7 adjudicated in arrears in an amount equal to 90 days'
8 obligation or more and who has been found in contempt of
9 court for failure to pay the support, subject to the
10 requirements and procedures of Article VII of Chapter 7 of
11 the Illinois Vehicle Code;
12 14.5. To any person certified by the Illinois
13 Department of Healthcare and Family Services as being 90
14 days or more delinquent in payment of support under an
15 order of support entered by a court or administrative body
16 of this or any other State, subject to the requirements
17 and procedures of Article VII of Chapter 7 of this Code
18 regarding those certifications;
19 15. To any person released from a term of imprisonment
20 for violating Section 9-3 of the Criminal Code of 1961 or
21 the Criminal Code of 2012, or a similar provision of a law
22 of another state relating to reckless homicide or for
23 violating subparagraph (F) of paragraph (1) of subsection
24 (d) of Section 11-501 of this Code relating to aggravated
25 driving under the influence of alcohol, other drug or
26 drugs, intoxicating compound or compounds, or any
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1 combination thereof, if the violation was the proximate
2 cause of a death, within 24 months of release from a term
3 of imprisonment;
4 16. To any person who, with intent to influence any
5 act related to the issuance of any driver's license or
6 permit, by an employee of the Secretary of State's Office,
7 or the owner or employee of any commercial driver training
8 school licensed by the Secretary of State, or any other
9 individual authorized by the laws of this State to give
10 driving instructions or administer all or part of a
11 driver's license examination, promises or tenders to that
12 person any property or personal advantage which that
13 person is not authorized by law to accept. Any persons
14 promising or tendering such property or personal advantage
15 shall be disqualified from holding any class of driver's
16 license or permit for 120 consecutive days. The Secretary
17 of State shall establish by rule the procedures for
18 implementing this period of disqualification and the
19 procedures by which persons so disqualified may obtain
20 administrative review of the decision to disqualify;
21 17. To any person for whom the Secretary of State
22 cannot verify the accuracy of any information or
23 documentation submitted in application for a driver's
24 license;
25 18. To any person who has been adjudicated under the
26 Juvenile Court Act of 1987 based upon an offense that is
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1 determined by the court to have been committed in
2 furtherance of the criminal activities of an organized
3 gang, as provided in Section 5-710 of that Act, and that
4 involved the operation or use of a motor vehicle or the use
5 of a driver's license or permit. The person shall be
6 denied a license or permit for the period determined by
7 the court; or
8 19. To any person who holds a REAL ID compliant
9 identification card or REAL ID compliant Person with a
10 Disability Identification Card issued under the Illinois
11 Identification Card Act. Any such person may, at his or
12 her discretion, surrender the REAL ID compliant
13 identification card or REAL ID compliant Person with a
14 Disability Identification Card in order to become eligible
15 to obtain a REAL ID compliant driver's license.
16 The Secretary of State shall retain all conviction
17 information, if the information is required to be held
18 confidential under the Juvenile Court Act of 1987.
19 (Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17;
20 100-248, eff. 8-22-17; 100-513, eff. 1-1-18; 100-863, eff.
21 8-14-18.)
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