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Public Act 093-0783
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| SB2167 Enrolled |
LRB093 15724 RLC 41334 b |
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AN ACT concerning the Office of the Secretary of State.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 2. The Illinois Vehicle Code is amended by changing |
Section 6-103 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 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;
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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 |
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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 |
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 to the effect that the |
operation of a motor vehicle by the
person would not be |
inimical to the public 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 or the Illinois |
Controlled Substances Act while that person was in actual
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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;
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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;
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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; or
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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 |
relating to reckless homicide within
24 months of release |
from a term of imprisonment; or
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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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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.
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(Source: P.A. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04.)
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Section 5. The Criminal Code of 1961 is amended by adding |
Section 33-6 as follows:
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(720 ILCS 5/33-6 new) |
Sec. 33-6. Bribery to obtain driving privileges.
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(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 |
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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, |