Illinois General Assembly - Full Text of HB0772
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Full Text of HB0772  98th General Assembly



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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-103 and by adding Section 6-107.5 as follows:
6    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
7    Sec. 6-103. What persons shall not be licensed as drivers
8or granted permits. The Secretary of State shall not issue,
9renew, or allow the retention of any driver's license nor issue
10any permit under this Code:
11        1. To any person, as a driver, who is under the age of
12    18 years except as provided in Section 6-107, and except
13    that an instruction permit may be issued under Section
14    6-107.1 to a child who is not less than 15 years of age if
15    the child is enrolled in an approved driver education
16    course as defined in Section 1-103 of this Code and
17    requires an instruction permit to participate therein,
18    except that an instruction permit may be issued under the
19    provisions of Section 6-107.1 to a child who is 17 years
20    and 3 months of age without the child having enrolled in an
21    approved driver education course and except that an
22    instruction permit may be issued to a child who is at least
23    15 years and 3 months of age, is enrolled in school, meets



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1    the educational requirements of the Driver Education Act,
2    and has passed examinations the Secretary of State in his
3    or her discretion may prescribe;
4        1.5. To any person at least 18 years of age but less
5    than 21 years of age unless the person has, in addition to
6    any other requirements of this Code, successfully
7    completed an adult driver education course as provided in
8    Section 6-107.5 of this Code.
9        2. To any person who is under the age of 18 as an
10    operator of a motorcycle other than a motor driven cycle
11    unless the person has, in addition to meeting the
12    provisions of Section 6-107 of this Code, successfully
13    completed a motorcycle training course approved by the
14    Illinois Department of Transportation and successfully
15    completes the required Secretary of State's motorcycle
16    driver's examination;
17        3. To any person, as a driver, whose driver's license
18    or permit has been suspended, during the suspension, nor to
19    any person whose driver's license or permit has been
20    revoked, except as provided in Sections 6-205, 6-206, and
21    6-208;
22        4. To any person, as a driver, who is a user of alcohol
23    or any other drug to a degree that renders the person
24    incapable of safely driving a motor vehicle;
25        5. To any person, as a driver, who has previously been
26    adjudged to be afflicted with or suffering from any mental



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1    or physical disability or disease and who has not at the
2    time of application been restored to competency by the
3    methods provided by law;
4        6. To any person, as a driver, who is required by the
5    Secretary of State to submit an alcohol and drug evaluation
6    or take an examination provided for in this Code unless the
7    person has successfully passed the examination and
8    submitted any required evaluation;
9        7. To any person who is required under the provisions
10    of the laws of this State to deposit security or proof of
11    financial responsibility and who has not deposited the
12    security or proof;
13        8. To any person when the Secretary of State has good
14    cause to believe that the person by reason of physical or
15    mental disability would not be able to safely operate a
16    motor vehicle upon the highways, unless the person shall
17    furnish to the Secretary of State a verified written
18    statement, acceptable to the Secretary of State, from a
19    competent medical specialist, a licensed physician
20    assistant who has been delegated the performance of medical
21    examinations by his or her supervising physician, or a
22    licensed advanced practice nurse who has a written
23    collaborative agreement with a collaborating physician
24    which authorizes him or her to perform medical
25    examinations, to the effect that the operation of a motor
26    vehicle by the person would not be inimical to the public



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1    safety;
2        9. To any person, as a driver, who is 69 years of age
3    or older, unless the person has successfully complied with
4    the provisions of Section 6-109;
5        10. To any person convicted, within 12 months of
6    application for a license, of any of the sexual offenses
7    enumerated in paragraph 2 of subsection (b) of Section
8    6-205;
9        11. To any person who is under the age of 21 years with
10    a classification prohibited in paragraph (b) of Section
11    6-104 and to any person who is under the age of 18 years
12    with a classification prohibited in paragraph (c) of
13    Section 6-104;
14        12. To any person who has been either convicted of or
15    adjudicated under the Juvenile Court Act of 1987 based upon
16    a violation of the Cannabis Control Act, the Illinois
17    Controlled Substances Act, or the Methamphetamine Control
18    and Community Protection Act while that person was in
19    actual physical control of a motor vehicle. For purposes of
20    this Section, any person placed on probation under Section
21    10 of the Cannabis Control Act, Section 410 of the Illinois
22    Controlled Substances Act, or Section 70 of the
23    Methamphetamine Control and Community Protection Act shall
24    not be considered convicted. Any person found guilty of
25    this offense, while in actual physical control of a motor
26    vehicle, shall have an entry made in the court record by



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1    the judge that this offense did occur while the person was
2    in actual physical control of a motor vehicle and order the
3    clerk of the court to report the violation to the Secretary
4    of State as such. The Secretary of State shall not issue a
5    new license or permit for a period of one year;
6        13. To any person who is under the age of 18 years and
7    who has committed the offense of operating a motor vehicle
8    without a valid license or permit in violation of Section
9    6-101 or a similar out of state offense;
10        14. To any person who is 90 days or more delinquent in
11    court ordered child support payments or has been
12    adjudicated in arrears in an amount equal to 90 days'
13    obligation or more and who has been found in contempt of
14    court for failure to pay the support, subject to the
15    requirements and procedures of Article VII of Chapter 7 of
16    the Illinois Vehicle Code;
17        14.5. To any person certified by the Illinois
18    Department of Healthcare and Family Services as being 90
19    days or more delinquent in payment of support under an
20    order of support entered by a court or administrative body
21    of this or any other State, subject to the requirements and
22    procedures of Article VII of Chapter 7 of this Code
23    regarding those certifications;
24        15. To any person released from a term of imprisonment
25    for violating Section 9-3 of the Criminal Code of 1961 or
26    the Criminal Code of 2012, or a similar provision of a law



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1    of another state relating to reckless homicide or for
2    violating subparagraph (F) of paragraph (1) of subsection
3    (d) of Section 11-501 of this Code relating to aggravated
4    driving under the influence of alcohol, other drug or
5    drugs, intoxicating compound or compounds, or any
6    combination thereof, if the violation was the proximate
7    cause of a death, within 24 months of release from a term
8    of imprisonment;
9        16. To any person who, with intent to influence any act
10    related to the issuance of any driver's license or permit,
11    by an employee of the Secretary of State's Office, or the
12    owner or employee of any commercial driver training school
13    licensed by the Secretary of State, or any other individual
14    authorized by the laws of this State to give driving
15    instructions or administer all or part of a driver's
16    license examination, promises or tenders to that person any
17    property or personal advantage which that person is not
18    authorized by law to accept. Any persons promising or
19    tendering such property or personal advantage shall be
20    disqualified from holding any class of driver's license or
21    permit for 120 consecutive days. The Secretary of State
22    shall establish by rule the procedures for implementing
23    this period of disqualification and the procedures by which
24    persons so disqualified may obtain administrative review
25    of the decision to disqualify;
26        17. To any person for whom the Secretary of State



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1    cannot verify the accuracy of any information or
2    documentation submitted in application for a driver's
3    license; or
4        18. To any person who has been adjudicated under the
5    Juvenile Court Act of 1987 based upon an offense that is
6    determined by the court to have been committed in
7    furtherance of the criminal activities of an organized
8    gang, as provided in Section 5-710 of that Act, and that
9    involved the operation or use of a motor vehicle or the use
10    of a driver's license or permit. The person shall be denied
11    a license or permit for the period determined by the court.
12    The Secretary of State shall retain all conviction
13information, if the information is required to be held
14confidential under the Juvenile Court Act of 1987.
15(Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10;
1696-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff.
177-22-11; 97-1150, eff. 1-25-13.)
18    (625 ILCS 5/6-107.5 new)
19    Sec. 6-107.5. Adult Driver Education Course.
20    (a) The Secretary shall establish by rule the curriculum
21and designate the materials to be used in an adult driver
22education course. The course shall be at least 6 hours in
23length and shall include instruction on traffic laws; highway
24signs, signals, and markings that regulate, warn, or direct
25traffic; and issues commonly associated with motor vehicle



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1accidents including poor decision-making, risk taking,
2impaired driving, distraction, speed, failure to use a safety
3belt, driving at night, failure to yield the right-of-way,
4texting while driving, using wireless communication devices,
5and alcohol and drug awareness.
6    (b) The Secretary shall certify course providers. The
7requirements to be a certified course provider, the process for
8applying for certification, and the procedure for decertifying
9a course provider shall be established by rule.
10    (c) The Secretary may permit a course provider to offer the
11course online, if the Secretary is satisfied the course
12provider has established adequate procedures for verifying:
13        (1) the identity of the person taking the course
14    online; and
15        (2) the person completes the entire course.
16    (d) The Secretary shall establish a method of electronic
17verification of a student's successful completion of the
19    (e) The fee charged by the course provider must bear a
20reasonable relationship to the cost of the course. The
21Secretary shall post on the Secretary of State's website a list
22of approved course providers, the fees charged by the
23providers, and contact information for each provider.
24    (f) In addition to any other fee charged by the course
25provider, the course provider shall collect a fee of $5 from
26each student to offset the costs incurred by the Secretary in



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1administering this program. The $5 shall be submitted to the
2Secretary within 14 days of the day on which it was collected.
3All such fees received by the Secretary shall be deposited in
4the Secretary of State Drivers Administration Fund.
6    Section 99. Effective date. This Act takes effect July 1,