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Public Act 103-0162


 

Public Act 0162 103RD GENERAL ASSEMBLY

  
  
  

 


 
Public Act 103-0162
 
HB2582 EnrolledLRB103 26387 MXP 52750 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. 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 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
    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
    approved driver education course and except that an
    instruction permit may be issued to a child who is at least
    15 years and 3 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;
        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;
        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, a licensed physician
    assistant, or a licensed advanced practice registered
    nurse, 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, 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
    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 or a similar out of state offense;
        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;
        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;
        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
    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;
        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;
        17. To any person for whom the Secretary of State
    cannot verify the accuracy of any information or
    documentation submitted in application for a driver's
    license;
        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; or
        19. To any person who holds a REAL ID compliant
    identification card or REAL ID compliant Person with a
    Disability Identification Card issued under the Illinois
    Identification Card Act. Any such person may, at his or
    her discretion, surrender the REAL ID compliant
    identification card or REAL ID compliant Person with a
    Disability Identification Card in order to become eligible
    to obtain a REAL ID compliant driver's license.
    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. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17;
100-248, eff. 8-22-17; 100-513, eff. 1-1-18; 100-863, eff.
8-14-18.)

Effective Date: 1/1/2024