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


Rep. John D'Amico

Filed: 3/14/2013





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2    AMENDMENT NO. ______. Amend House Bill 772 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 6-103 and by adding Section 6-107.5 as
7    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
8    Sec. 6-103. What persons shall not be licensed as drivers
9or granted permits. The Secretary of State shall not issue,
10renew, or allow the retention of any driver's license nor issue
11any permit under this Code:
12        1. To any person, as a driver, who is under the age of
13    18 years except as provided in Section 6-107, and except
14    that an instruction permit may be issued under Section
15    6-107.1 to a child who is not less than 15 years of age if
16    the child is enrolled in an approved driver education



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1    course as defined in Section 1-103 of this Code and
2    requires an instruction permit to participate therein,
3    except that an instruction permit may be issued under the
4    provisions of Section 6-107.1 to a child who is 17 years
5    and 3 months of age without the child having enrolled in an
6    approved driver education course and except that an
7    instruction permit may be issued to a child who is at least
8    15 years and 3 months of age, is enrolled in school, meets
9    the educational requirements of the Driver Education Act,
10    and has passed examinations the Secretary of State in his
11    or her discretion may prescribe;
12        1.5. To any person at least 18 years of age but less
13    than 21 years of age unless the person has, in addition to
14    any other requirements of this Code, successfully
15    completed an adult driver education course as provided in
16    Section 6-107.5 of this Code.
17        2. To any person who is under the age of 18 as an
18    operator of a motorcycle other than a motor driven cycle
19    unless the person has, in addition to meeting the
20    provisions of Section 6-107 of this Code, successfully
21    completed a motorcycle training course approved by the
22    Illinois Department of Transportation and successfully
23    completes the required Secretary of State's motorcycle
24    driver's examination;
25        3. To any person, as a driver, whose driver's license
26    or permit has been suspended, during the suspension, nor to



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1    any person whose driver's license or permit has been
2    revoked, except as provided in Sections 6-205, 6-206, and
3    6-208;
4        4. To any person, as a driver, who is a user of alcohol
5    or any other drug to a degree that renders the person
6    incapable of safely driving a motor vehicle;
7        5. To any person, as a driver, who has previously been
8    adjudged to be afflicted with or suffering from any mental
9    or physical disability or disease and who has not at the
10    time of application been restored to competency by the
11    methods provided by law;
12        6. To any person, as a driver, who is required by the
13    Secretary of State to submit an alcohol and drug evaluation
14    or take an examination provided for in this Code unless the
15    person has successfully passed the examination and
16    submitted any required evaluation;
17        7. To any person who is required under the provisions
18    of the laws of this State to deposit security or proof of
19    financial responsibility and who has not deposited the
20    security or proof;
21        8. To any person when the Secretary of State has good
22    cause to believe that the person by reason of physical or
23    mental disability would not be able to safely operate a
24    motor vehicle upon the highways, unless the person shall
25    furnish to the Secretary of State a verified written
26    statement, acceptable to the Secretary of State, from a



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1    competent medical specialist, a licensed physician
2    assistant who has been delegated the performance of medical
3    examinations by his or her supervising physician, or a
4    licensed advanced practice nurse who has a written
5    collaborative agreement with a collaborating physician
6    which authorizes him or her to perform medical
7    examinations, to the effect that the operation of a motor
8    vehicle by the person would not be inimical to the public
9    safety;
10        9. To any person, as a driver, who is 69 years of age
11    or older, unless the person has successfully complied with
12    the provisions of Section 6-109;
13        10. To any person convicted, within 12 months of
14    application for a license, of any of the sexual offenses
15    enumerated in paragraph 2 of subsection (b) of Section
16    6-205;
17        11. To any person who is under the age of 21 years with
18    a classification prohibited in paragraph (b) of Section
19    6-104 and to any person who is under the age of 18 years
20    with a classification prohibited in paragraph (c) of
21    Section 6-104;
22        12. To any person who has been either convicted of or
23    adjudicated under the Juvenile Court Act of 1987 based upon
24    a violation of the Cannabis Control Act, the Illinois
25    Controlled Substances Act, or the Methamphetamine Control
26    and Community Protection Act while that person was in



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1    actual physical control of a motor vehicle. For purposes of
2    this Section, any person placed on probation under Section
3    10 of the Cannabis Control Act, Section 410 of the Illinois
4    Controlled Substances Act, or Section 70 of the
5    Methamphetamine Control and Community Protection Act shall
6    not be considered convicted. Any person found guilty of
7    this offense, while in actual physical control of a motor
8    vehicle, shall have an entry made in the court record by
9    the judge that this offense did occur while the person was
10    in actual physical control of a motor vehicle and order the
11    clerk of the court to report the violation to the Secretary
12    of State as such. The Secretary of State shall not issue a
13    new license or permit for a period of one year;
14        13. To any person who is under the age of 18 years and
15    who has committed the offense of operating a motor vehicle
16    without a valid license or permit in violation of Section
17    6-101 or a similar out of state offense;
18        14. To any person who is 90 days or more delinquent in
19    court ordered child support payments or has been
20    adjudicated in arrears in an amount equal to 90 days'
21    obligation or more and who has been found in contempt of
22    court for failure to pay the support, subject to the
23    requirements and procedures of Article VII of Chapter 7 of
24    the Illinois Vehicle Code;
25        14.5. To any person certified by the Illinois
26    Department of Healthcare and Family Services as being 90



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1    days or more delinquent in payment of support under an
2    order of support entered by a court or administrative body
3    of this or any other State, subject to the requirements and
4    procedures of Article VII of Chapter 7 of this Code
5    regarding those certifications;
6        15. To any person released from a term of imprisonment
7    for violating Section 9-3 of the Criminal Code of 1961 or
8    the Criminal Code of 2012, or a similar provision of a law
9    of another state relating to reckless homicide or for
10    violating subparagraph (F) of paragraph (1) of subsection
11    (d) of Section 11-501 of this Code relating to aggravated
12    driving under the influence of alcohol, other drug or
13    drugs, intoxicating compound or compounds, or any
14    combination thereof, if the violation was the proximate
15    cause of a death, within 24 months of release from a term
16    of imprisonment;
17        16. To any person who, with intent to influence any act
18    related to the issuance of any driver's license or permit,
19    by an employee of the Secretary of State's Office, or the
20    owner or employee of any commercial driver training school
21    licensed by the Secretary of State, or any other individual
22    authorized by the laws of this State to give driving
23    instructions or administer all or part of a driver's
24    license examination, promises or tenders to that person any
25    property or personal advantage which that person is not
26    authorized by law to accept. Any persons promising or



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1    tendering such property or personal advantage shall be
2    disqualified from holding any class of driver's license or
3    permit for 120 consecutive days. The Secretary of State
4    shall establish by rule the procedures for implementing
5    this period of disqualification and the procedures by which
6    persons so disqualified may obtain administrative review
7    of the decision to disqualify;
8        17. To any person for whom the Secretary of State
9    cannot verify the accuracy of any information or
10    documentation submitted in application for a driver's
11    license; or
12        18. To any person who has been adjudicated under the
13    Juvenile Court Act of 1987 based upon an offense that is
14    determined by the court to have been committed in
15    furtherance of the criminal activities of an organized
16    gang, as provided in Section 5-710 of that Act, and that
17    involved the operation or use of a motor vehicle or the use
18    of a driver's license or permit. The person shall be denied
19    a license or permit for the period determined by the court.
20    The Secretary of State shall retain all conviction
21information, if the information is required to be held
22confidential under the Juvenile Court Act of 1987.
23(Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10;
2496-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff.
257-22-11; 97-1150, eff. 1-25-13.)



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1    (625 ILCS 5/6-107.5 new)
2    Sec. 6-107.5. Adult Driver Education Course.
3    (a) The Secretary shall establish by rule the curriculum
4and designate the materials to be used in an adult driver
5education course. The course shall be at least 6 hours in
6length and shall include instruction on traffic laws; highway
7signs, signals, and markings that regulate, warn, or direct
8traffic; and issues commonly associated with motor vehicle
9accidents including poor decision-making, risk taking,
10impaired driving, distraction, speed, failure to use a safety
11belt, driving at night, failure to yield the right-of-way,
12texting while driving, using wireless communication devices,
13and alcohol and drug awareness.
14    (b) The Secretary shall certify course providers. The
15requirements to be a certified course provider, the process for
16applying for certification, and the procedure for decertifying
17a course provider shall be established by rule.
18    (c) The Secretary may permit a course provider to offer the
19course online, if the Secretary is satisfied the course
20provider has established adequate procedures for verifying:
21        (1) the identity of the person taking the course
22    online; and
23        (2) the person completes the entire course.
24    (d) The Secretary shall establish a method of electronic
25verification of a student's successful completion of the



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1    (e) The fee charged by the course provider must bear a
2reasonable relationship to the cost of the course. The
3Secretary shall post on the Secretary of State's website a list
4of approved course providers, the fees charged by the
5providers, and contact information for each provider.
6    (f) In addition to any other fee charged by the course
7provider, the course provider shall collect a fee of $5 from
8each student to offset the costs incurred by the Secretary in
9administering this program. The $5 shall be submitted to the
10Secretary within 14 days of the day on which it was collected.
11All such fees received by the Secretary shall be deposited in
12the Secretary of State Drivers Administration Fund.
14    Section 99. Effective date. This Act takes effect July 1,