Illinois 2023-2024 Regular Session

Illinois House Bill HB2582 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0162
2	1		HB2582 EnrolledLRB103 26387 MXP 52750 b HB2582 Enrolled LRB103 26387 MXP 52750 b
3	2		HB2582 Enrolled LRB103 26387 MXP 52750 b
4		-	AN ACT concerning transportation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Vehicle Code is amended by
8		-	changing Section 6-103 as follows:
9		-	(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
10		-	Sec. 6-103. What persons shall not be licensed as drivers
11		-	or granted permits. The Secretary of State shall not issue,
12		-	renew, or allow the retention of any driver's license nor
13		-	issue any permit under this Code:
14		-	1. To any person, as a driver, who is under the age of
15		-	18 years except as provided in Section 6-107, and except
16		-	that an instruction permit may be issued under Section
17		-	6-107.1 to a child who is not less than 15 years of age if
18		-	the child is enrolled in an approved driver education
19		-	course as defined in Section 1-103 of this Code and
20		-	requires an instruction permit to participate therein,
21		-	except that an instruction permit may be issued under the
22		-	provisions of Section 6-107.1 to a child who is 17 years
23		-	and 3 months of age without the child having enrolled in an
24		-	approved driver education course and except that an
25		-	instruction permit may be issued to a child who is at least
26		-	15 years and 3 months of age, is enrolled in school, meets
	3	+	1 AN ACT concerning transportation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Vehicle Code is amended by
	7	+	5 changing Section 6-103 as follows:
	8	+	6 (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
	9	+	7 Sec. 6-103. What persons shall not be licensed as drivers
	10	+	8 or granted permits. The Secretary of State shall not issue,
	11	+	9 renew, or allow the retention of any driver's license nor
	12	+	10 issue any permit under this Code:
	13	+	11 1. To any person, as a driver, who is under the age of
	14	+	12 18 years except as provided in Section 6-107, and except
	15	+	13 that an instruction permit may be issued under Section
	16	+	14 6-107.1 to a child who is not less than 15 years of age if
	17	+	15 the child is enrolled in an approved driver education
	18	+	16 course as defined in Section 1-103 of this Code and
	19	+	17 requires an instruction permit to participate therein,
	20	+	18 except that an instruction permit may be issued under the
	21	+	19 provisions of Section 6-107.1 to a child who is 17 years
	22	+	20 and 3 months of age without the child having enrolled in an
	23	+	21 approved driver education course and except that an
	24	+	22 instruction permit may be issued to a child who is at least
	25	+	23 15 years and 3 months of age, is enrolled in school, meets
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33		-	the educational requirements of the Driver Education Act,
34		-	and has passed examinations the Secretary of State in his
35		-	or her discretion may prescribe;
36		-	1.5. To any person at least 18 years of age but less
37		-	than 21 years of age unless the person has, in addition to
38		-	any other requirements of this Code, successfully
39		-	completed an adult driver education course as provided in
40		-	Section 6-107.5 of this Code;
41		-	2. To any person who is under the age of 18 as an
42		-	operator of a motorcycle other than a motor driven cycle
43		-	unless the person has, in addition to meeting the
44		-	provisions of Section 6-107 of this Code, successfully
45		-	completed a motorcycle training course approved by the
46		-	Illinois Department of Transportation and successfully
47		-	completes the required Secretary of State's motorcycle
48		-	driver's examination;
49		-	3. To any person, as a driver, whose driver's license
50		-	or permit has been suspended, during the suspension, nor
51		-	to any person whose driver's license or permit has been
52		-	revoked, except as provided in Sections 6-205, 6-206, and
53		-	6-208;
54		-	4. To any person, as a driver, who is a user of alcohol
55		-	or any other drug to a degree that renders the person
56		-	incapable of safely driving a motor vehicle;
57		-	5. To any person, as a driver, who has previously been
58		-	adjudged to be afflicted with or suffering from any mental
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	34	+	1 the educational requirements of the Driver Education Act,
	35	+	2 and has passed examinations the Secretary of State in his
	36	+	3 or her discretion may prescribe;
	37	+	4 1.5. To any person at least 18 years of age but less
	38	+	5 than 21 years of age unless the person has, in addition to
	39	+	6 any other requirements of this Code, successfully
	40	+	7 completed an adult driver education course as provided in
	41	+	8 Section 6-107.5 of this Code;
	42	+	9 2. To any person who is under the age of 18 as an
	43	+	10 operator of a motorcycle other than a motor driven cycle
	44	+	11 unless the person has, in addition to meeting the
	45	+	12 provisions of Section 6-107 of this Code, successfully
	46	+	13 completed a motorcycle training course approved by the
	47	+	14 Illinois Department of Transportation and successfully
	48	+	15 completes the required Secretary of State's motorcycle
	49	+	16 driver's examination;
	50	+	17 3. To any person, as a driver, whose driver's license
	51	+	18 or permit has been suspended, during the suspension, nor
	52	+	19 to any person whose driver's license or permit has been
	53	+	20 revoked, except as provided in Sections 6-205, 6-206, and
	54	+	21 6-208;
	55	+	22 4. To any person, as a driver, who is a user of alcohol
	56	+	23 or any other drug to a degree that renders the person
	57	+	24 incapable of safely driving a motor vehicle;
	58	+	25 5. To any person, as a driver, who has previously been
	59	+	26 adjudged to be afflicted with or suffering from any mental
59	60
60	61
61		-	or physical disability or disease and who has not at the
62		-	time of application been restored to competency by the
63		-	methods provided by law;
64		-	6. To any person, as a driver, who is required by the
65		-	Secretary of State to submit an alcohol and drug
66		-	evaluation or take an examination provided for in this
67		-	Code unless the person has successfully passed the
68		-	examination and submitted any required evaluation;
69		-	7. To any person who is required under the provisions
70		-	of the laws of this State to deposit security or proof of
71		-	financial responsibility and who has not deposited the
72		-	security or proof;
73		-	8. To any person when the Secretary of State has good
74		-	cause to believe that the person by reason of physical or
75		-	mental disability would not be able to safely operate a
76		-	motor vehicle upon the highways, unless the person shall
77		-	furnish to the Secretary of State a verified written
78		-	statement, acceptable to the Secretary of State, from a
79		-	competent medical specialist, a licensed physician
80		-	assistant, or a licensed advanced practice registered
81		-	nurse, to the effect that the operation of a motor vehicle
82		-	by the person would not be inimical to the public safety;
83		-	9. To any person, as a driver, who is 69 years of age
84		-	or older, unless the person has successfully complied with
85		-	the provisions of Section 6-109;
86		-	10. To any person convicted, within 12 months of
87	62
88	63
89		-	application for a license, of any of the sexual offenses
90		-	enumerated in paragraph 2 of subsection (b) of Section
91		-	6-205;
92		-	11. To any person who is under the age of 21 years with
93		-	a classification prohibited in paragraph (b) of Section
94		-	6-104 and to any person who is under the age of 18 years
95		-	with a classification prohibited in paragraph (c) of
96		-	Section 6-104;
97		-	12. To any person who has been either convicted of or
98		-	adjudicated under the Juvenile Court Act of 1987 based
99		-	upon a violation of the Cannabis Control Act, the Illinois
100		-	Controlled Substances Act, or the Methamphetamine Control
101		-	and Community Protection Act while that person was in
102		-	actual physical control of a motor vehicle. For purposes
103		-	of this Section, any person placed on probation under
104		-	Section 10 of the Cannabis Control Act, Section 410 of the
105		-	Illinois Controlled Substances Act, or Section 70 of the
106		-	Methamphetamine Control and Community Protection Act shall
107		-	not be considered convicted. Any person found guilty of
108		-	this offense, while in actual physical control of a motor
109		-	vehicle, shall have an entry made in the court record by
110		-	the judge that this offense did occur while the person was
111		-	in actual physical control of a motor vehicle and order
112		-	the clerk of the court to report the violation to the
113		-	Secretary of State as such. The Secretary of State shall
114		-	not issue a new license or permit for a period of one year;
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117		-	13. To any person who is under the age of 18 years and
118		-	who has committed the offense of operating a motor vehicle
119		-	without a valid license or permit in violation of Section
120		-	6-101 or a similar out of state offense;
121		-	14. To any person who is 90 days or more delinquent in
122		-	court ordered child support payments or has been
123		-	adjudicated in arrears in an amount equal to 90 days'
124		-	obligation or more and who has been found in contempt of
125		-	court for failure to pay the support, subject to the
126		-	requirements and procedures of Article VII of Chapter 7 of
127		-	the Illinois Vehicle Code;
128		-	14.5. To any person certified by the Illinois
129		-	Department of Healthcare and Family Services as being 90
130		-	days or more delinquent in payment of support under an
131		-	order of support entered by a court or administrative body
132		-	of this or any other State, subject to the requirements
133		-	and procedures of Article VII of Chapter 7 of this Code
134		-	regarding those certifications;
135		-	15. To any person released from a term of imprisonment
136		-	for violating Section 9-3 of the Criminal Code of 1961 or
137		-	the Criminal Code of 2012, or a similar provision of a law
138		-	of another state relating to reckless homicide or for
139		-	violating subparagraph (F) of paragraph (1) of subsection
140		-	(d) of Section 11-501 of this Code relating to aggravated
141		-	driving under the influence of alcohol, other drug or
142		-	drugs, intoxicating compound or compounds, or any
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	70	+	1 or physical disability or disease and who has not at the
	71	+	2 time of application been restored to competency by the
	72	+	3 methods provided by law;
	73	+	4 6. To any person, as a driver, who is required by the
	74	+	5 Secretary of State to submit an alcohol and drug
	75	+	6 evaluation or take an examination provided for in this
	76	+	7 Code unless the person has successfully passed the
	77	+	8 examination and submitted any required evaluation;
	78	+	9 7. To any person who is required under the provisions
	79	+	10 of the laws of this State to deposit security or proof of
	80	+	11 financial responsibility and who has not deposited the
	81	+	12 security or proof;
	82	+	13 8. To any person when the Secretary of State has good
	83	+	14 cause to believe that the person by reason of physical or
	84	+	15 mental disability would not be able to safely operate a
	85	+	16 motor vehicle upon the highways, unless the person shall
	86	+	17 furnish to the Secretary of State a verified written
	87	+	18 statement, acceptable to the Secretary of State, from a
	88	+	19 competent medical specialist, a licensed physician
	89	+	20 assistant, or a licensed advanced practice registered
	90	+	21 nurse, to the effect that the operation of a motor vehicle
	91	+	22 by the person would not be inimical to the public safety;
	92	+	23 9. To any person, as a driver, who is 69 years of age
	93	+	24 or older, unless the person has successfully complied with
	94	+	25 the provisions of Section 6-109;
	95	+	26 10. To any person convicted, within 12 months of
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145		-	combination thereof, if the violation was the proximate
146		-	cause of a death, within 24 months of release from a term
147		-	of imprisonment;
148		-	16. To any person who, with intent to influence any
149		-	act related to the issuance of any driver's license or
150		-	permit, by an employee of the Secretary of State's Office,
151		-	or the owner or employee of any commercial driver training
152		-	school licensed by the Secretary of State, or any other
153		-	individual authorized by the laws of this State to give
154		-	driving instructions or administer all or part of a
155		-	driver's license examination, promises or tenders to that
156		-	person any property or personal advantage which that
157		-	person is not authorized by law to accept. Any persons
158		-	promising or tendering such property or personal advantage
159		-	shall be disqualified from holding any class of driver's
160		-	license or permit for 120 consecutive days. The Secretary
161		-	of State shall establish by rule the procedures for
162		-	implementing this period of disqualification and the
163		-	procedures by which persons so disqualified may obtain
164		-	administrative review of the decision to disqualify;
165		-	17. To any person for whom the Secretary of State
166		-	cannot verify the accuracy of any information or
167		-	documentation submitted in application for a driver's
168		-	license;
169		-	18. To any person who has been adjudicated under the
170		-	Juvenile Court Act of 1987 based upon an offense that is
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172	99
173		-	determined by the court to have been committed in
174		-	furtherance of the criminal activities of an organized
175		-	gang, as provided in Section 5-710 of that Act, and that
176		-	involved the operation or use of a motor vehicle or the use
177		-	of a driver's license or permit. The person shall be
178		-	denied a license or permit for the period determined by
179		-	the court; or
180		-	19. To any person who holds a REAL ID compliant
181		-	identification card or REAL ID compliant Person with a
182		-	Disability Identification Card issued under the Illinois
183		-	Identification Card Act. Any such person may, at his or
184		-	her discretion, surrender the REAL ID compliant
185		-	identification card or REAL ID compliant Person with a
186		-	Disability Identification Card in order to become eligible
187		-	to obtain a REAL ID compliant driver's license.
188		-	The Secretary of State shall retain all conviction
189		-	information, if the information is required to be held
190		-	confidential under the Juvenile Court Act of 1987.
191		-	(Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17;
192		-	100-248, eff. 8-22-17; 100-513, eff. 1-1-18; 100-863, eff.
193		-	8-14-18.)
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	106	+	1 application for a license, of any of the sexual offenses
	107	+	2 enumerated in paragraph 2 of subsection (b) of Section
	108	+	3 6-205;
	109	+	4 11. To any person who is under the age of 21 years with
	110	+	5 a classification prohibited in paragraph (b) of Section
	111	+	6 6-104 and to any person who is under the age of 18 years
	112	+	7 with a classification prohibited in paragraph (c) of
	113	+	8 Section 6-104;
	114	+	9 12. To any person who has been either convicted of or
	115	+	10 adjudicated under the Juvenile Court Act of 1987 based
	116	+	11 upon a violation of the Cannabis Control Act, the Illinois
	117	+	12 Controlled Substances Act, or the Methamphetamine Control
	118	+	13 and Community Protection Act while that person was in
	119	+	14 actual physical control of a motor vehicle. For purposes
	120	+	15 of this Section, any person placed on probation under
	121	+	16 Section 10 of the Cannabis Control Act, Section 410 of the
	122	+	17 Illinois Controlled Substances Act, or Section 70 of the
	123	+	18 Methamphetamine Control and Community Protection Act shall
	124	+	19 not be considered convicted. Any person found guilty of
	125	+	20 this offense, while in actual physical control of a motor
	126	+	21 vehicle, shall have an entry made in the court record by
	127	+	22 the judge that this offense did occur while the person was
	128	+	23 in actual physical control of a motor vehicle and order
	129	+	24 the clerk of the court to report the violation to the
	130	+	25 Secretary of State as such. The Secretary of State shall
	131	+	26 not issue a new license or permit for a period of one year;
	132	+
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	135	+
	136	+
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	142	+	1 13. To any person who is under the age of 18 years and
	143	+	2 who has committed the offense of operating a motor vehicle
	144	+	3 without a valid license or permit in violation of Section
	145	+	4 6-101 or a similar out of state offense;
	146	+	5 14. To any person who is 90 days or more delinquent in
	147	+	6 court ordered child support payments or has been
	148	+	7 adjudicated in arrears in an amount equal to 90 days'
	149	+	8 obligation or more and who has been found in contempt of
	150	+	9 court for failure to pay the support, subject to the
	151	+	10 requirements and procedures of Article VII of Chapter 7 of
	152	+	11 the Illinois Vehicle Code;
	153	+	12 14.5. To any person certified by the Illinois
	154	+	13 Department of Healthcare and Family Services as being 90
	155	+	14 days or more delinquent in payment of support under an
	156	+	15 order of support entered by a court or administrative body
	157	+	16 of this or any other State, subject to the requirements
	158	+	17 and procedures of Article VII of Chapter 7 of this Code
	159	+	18 regarding those certifications;
	160	+	19 15. To any person released from a term of imprisonment
	161	+	20 for violating Section 9-3 of the Criminal Code of 1961 or
	162	+	21 the Criminal Code of 2012, or a similar provision of a law
	163	+	22 of another state relating to reckless homicide or for
	164	+	23 violating subparagraph (F) of paragraph (1) of subsection
	165	+	24 (d) of Section 11-501 of this Code relating to aggravated
	166	+	25 driving under the influence of alcohol, other drug or
	167	+	26 drugs, intoxicating compound or compounds, or any
	168	+
	169	+
	170	+
	171	+
	172	+
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	174	+
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	178	+	1 combination thereof, if the violation was the proximate
	179	+	2 cause of a death, within 24 months of release from a term
	180	+	3 of imprisonment;
	181	+	4 16. To any person who, with intent to influence any
	182	+	5 act related to the issuance of any driver's license or
	183	+	6 permit, by an employee of the Secretary of State's Office,
	184	+	7 or the owner or employee of any commercial driver training
	185	+	8 school licensed by the Secretary of State, or any other
	186	+	9 individual authorized by the laws of this State to give
	187	+	10 driving instructions or administer all or part of a
	188	+	11 driver's license examination, promises or tenders to that
	189	+	12 person any property or personal advantage which that
	190	+	13 person is not authorized by law to accept. Any persons
	191	+	14 promising or tendering such property or personal advantage
	192	+	15 shall be disqualified from holding any class of driver's
	193	+	16 license or permit for 120 consecutive days. The Secretary
	194	+	17 of State shall establish by rule the procedures for
	195	+	18 implementing this period of disqualification and the
	196	+	19 procedures by which persons so disqualified may obtain
	197	+	20 administrative review of the decision to disqualify;
	198	+	21 17. To any person for whom the Secretary of State
	199	+	22 cannot verify the accuracy of any information or
	200	+	23 documentation submitted in application for a driver's
	201	+	24 license;
	202	+	25 18. To any person who has been adjudicated under the
	203	+	26 Juvenile Court Act of 1987 based upon an offense that is
	204	+
	205	+
	206	+
	207	+
	208	+
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	214	+	1 determined by the court to have been committed in
	215	+	2 furtherance of the criminal activities of an organized
	216	+	3 gang, as provided in Section 5-710 of that Act, and that
	217	+	4 involved the operation or use of a motor vehicle or the use
	218	+	5 of a driver's license or permit. The person shall be
	219	+	6 denied a license or permit for the period determined by
	220	+	7 the court; or
	221	+	8 19. To any person who holds a REAL ID compliant
	222	+	9 identification card or REAL ID compliant Person with a
	223	+	10 Disability Identification Card issued under the Illinois
	224	+	11 Identification Card Act. Any such person may, at his or
	225	+	12 her discretion, surrender the REAL ID compliant
	226	+	13 identification card or REAL ID compliant Person with a
	227	+	14 Disability Identification Card in order to become eligible
	228	+	15 to obtain a REAL ID compliant driver's license.
	229	+	16 The Secretary of State shall retain all conviction
	230	+	17 information, if the information is required to be held
	231	+	18 confidential under the Juvenile Court Act of 1987.
	232	+	19 (Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17;
	233	+	20 100-248, eff. 8-22-17; 100-513, eff. 1-1-18; 100-863, eff.
	234	+	21 8-14-18.)
	235	+
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	237	+
	238	+
	239	+
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