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| Public Act 098-0167
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| HB0772 Enrolled | LRB098 03611 MLW 33627 b |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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.)
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(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 |
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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 |
