Illinois General Assembly - Full Text of Public Act 093-0783
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Public Act 093-0783


 

Public Act 0783 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0783
 
SB2167 Enrolled LRB093 15724 RLC 41334 b

    AN ACT concerning the Office of the Secretary of State.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The Illinois Vehicle Code is amended by changing
Section 6-103 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, successfully
    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    any person whose driver's license or permit has been
    revoked, except as provided in Sections 6-205, 6-206, and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;
        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; or
        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.
    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. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04.)
 
    Section 5. The Criminal Code of 1961 is amended by adding
Section 33-6 as follows:
 
    (720 ILCS 5/33-6 new)
    Sec. 33-6. Bribery to obtain driving privileges.
    (a) A person commits the offense of bribery to obtain
driving privileges when:
        (1) with intent to influence any act related to the
    issuance of any driver's license or permit by an employee
    of the Illinois Secretary of State's Office, or the owner
    or employee of any commercial driver training school
    licensed by the Illinois 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, he or she promises or tenders
    to that person any property or personal advantage which
    that person is not authorized by law to accept; or
        (2) with intent to cause any person to influence any
    act related to the issuance of any driver's license or
    permit by an employee of the Illinois Secretary of State's
    Office, or the owner or employee of any commercial driver
    training school licensed by the Illinois 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, he or she
    promises or tenders to that person any property or personal
    advantage which that person is not authorized by law to
    accept; or
        (3) as an employee of the Illinois Secretary of State's
    Office, or the owner or employee of any commercial driver
    training school licensed by the Illinois 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, solicits,
    receives, retains, or agrees to accept any property or
    personal advantage that he or she is not authorized by law
    to accept knowing that such property or personal advantage
    was promised or tendered with intent to influence the
    performance of any act related to the issuance of any
    driver's license or permit; or
        (4) as an employee of the Illinois Secretary of State's
    Office, or the owner or employee of any commercial driver
    training school licensed by the Illinois 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, solicits,
    receives, retains, or agrees to accept any property or
    personal advantage pursuant to an understanding that he or
    she shall improperly influence or attempt to influence the
    performance of any act related to the issuance of any
    driver's license or permit.
    (b) Sentence. Bribery to obtain driving privileges is a
Class 2 felony.

Effective Date: 1/1/2005