State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



90_SB0966

      625 ILCS 5/6-107          from Ch. 95 1/2, par. 6-107
      625 ILCS 5/6-206          from Ch. 95 1/2, par. 6-206
          Amends the Illinois Vehicle Code to provide that a person
      under 21 years of age who has  been  convicted  for  criminal
      defacement  of  property  shall  not  be  issued a license or
      permit or may have his or her  driving  privileges  suspended
      until  he  or she has reached the age of 21 years.  Effective
      immediately.
                                                     LRB9003027NTsb
                                               LRB9003027NTsb
 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Sections 6-107 and 6-206.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Sections 6-107 and 6-206 as follows:
 7        (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
 8        Sec.  6-107. Applications of minors.   The application of
 9    any person under  the  age  of  18  years,  and  not  legally
10    emancipated  by  marriage, for a drivers license or permit to
11    operate a motor vehicle issued under the laws of this  State,
12    shall  be accompanied by the written consent of either parent
13    of the applicant; otherwise by the guardian having custody of
14    the applicant,  or  in  the  event  there  is  no  parent  or
15    guardian, then by another responsible adult.
16        No drivers license shall be issued to any applicant under
17    18  years  of  age  who is 16 years of age or more unless the
18    applicant has passed an approved driver education  course  as
19    defined  in Section 1-103 of this Act, and submits such proof
20    of having passed  the  course  as  may  be  required  by  the
21    Secretary of State.
22        No  driver's  license  or  permit  shall be issued to any
23    applicant under 18 years of age who has committed an  offense
24    that  would  otherwise  result in a mandatory revocation of a
25    license or permit as provided in Section 6-205 of  this  Code
26    or  who  has  been  either  convicted  of  or  adjudicated  a
27    delinquent based upon a violation of the Cannabis Control Act
28    or   the  Illinois  Controlled  Substances  Act,  while  that
29    individual was in actual physical control of a motor vehicle.
30    For purposes of this Section, any person placed on  probation
31    under  Section  10 of the Cannabis Control Act or Section 410
                            -2-                LRB9003027NTsb
 1    of the  Illinois  Controlled  Substances  Act  shall  not  be
 2    considered   convicted.  Any  person  found  guilty  of  this
 3    offense, while in actual physical control of a motor vehicle,
 4    shall have an entry made in the court  record  by  the  judge
 5    that  this  offense  did occur while the person was in actual
 6    physical control of a motor vehicle and order  the  clerk  of
 7    the  court  to report the violation to the Secretary of State
 8    as such.
 9        No driver's license or permit  shall  be  issued  to  any
10    applicant  under  21  years  of age who has been convicted of
11    violating Section  21-1.3  of  the  Criminal  Code  of  1961,
12    relating  to  criminal  defacement  of  property,  until  the
13    applicant has reached the age of 21 years.
14    (Source: P.A. 88-197.)
15        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
16        Sec. 6-206.  Discretionary authority to suspend or revoke
17    license or permit; Right to a hearing.
18        (a)  The  Secretary  of State is authorized to suspend or
19    revoke  the  driving  privileges  of   any   person   without
20    preliminary hearing upon a showing of the person's records or
21    other sufficient evidence that the person:
22             1.  Has  committed  an  offense  for which mandatory
23        revocation of a driver's license or  permit  is  required
24        upon conviction;
25             2.  Has  been  convicted of not less than 3 offenses
26        against traffic regulations  governing  the  movement  of
27        vehicles  committed  within  any  12  month  period.   No
28        revocation  or  suspension  shall  be entered more than 6
29        months after the date of last conviction;
30             3.  Has been repeatedly  involved  as  a  driver  in
31        motor vehicle collisions or has been repeatedly convicted
32        of  offenses  against  laws and ordinances regulating the
33        movement of traffic, to a degree that indicates  lack  of
                            -3-                LRB9003027NTsb
 1        ability  to  exercise ordinary and reasonable care in the
 2        safe operation of a motor vehicle or disrespect  for  the
 3        traffic  laws  and  the  safety of other persons upon the
 4        highway;
 5             4.  Has by the unlawful operation of a motor vehicle
 6        caused or contributed to an accident resulting  in  death
 7        or injury requiring immediate professional treatment in a
 8        medical facility or doctor's office to any person, except
 9        that   any   suspension  or  revocation  imposed  by  the
10        Secretary  of  State  under  the   provisions   of   this
11        subsection shall start no later than 6 months after being
12        convicted  of violating a law or ordinance regulating the
13        movement of traffic, which violation is  related  to  the
14        accident, or shall start not more than one year after the
15        date of the accident, whichever date occurs later;
16             5.  Has permitted an unlawful or fraudulent use of a
17        driver's license, identification card, or permit;
18             6.  Has  been  lawfully  convicted  of an offense or
19        offenses in another state,  including  the  authorization
20        contained  in  Section 6-203.1, which if committed within
21        this State would be grounds for suspension or revocation;
22             7.  Has  refused  or  failed   to   submit   to   an
23        examination  provided  for by Section 6-207 or has failed
24        to pass the examination;
25             8.  Is ineligible for a driver's license  or  permit
26        under the provisions of Section 6-103;
27             9.  Has   made   a   false  statement  or  knowingly
28        concealed a material fact or has used  false  information
29        or  identification  in  any  application  for  a license,
30        identification card, or permit;
31             10.  Has  possessed,  displayed,  or  attempted   to
32        fraudulently  use  any  license,  identification card, or
33        permit not issued to the person;
34             11.  Has operated a motor vehicle upon a highway  of
                            -4-                LRB9003027NTsb
 1        this   State  when  the  person's  driving  privilege  or
 2        privilege to obtain a  driver's  license  or  permit  was
 3        revoked  or suspended unless the operation was authorized
 4        by a judicial driving  permit,  probationary  license  to
 5        drive,  or  a restricted driving permit issued under this
 6        Code;
 7             12.  Has submitted to any portion of the application
 8        process for another person or has obtained  the  services
 9        of  another  person  to  submit  to  any  portion  of the
10        application  process  for  the  purpose  of  obtaining  a
11        license, identification card, or permit  for  some  other
12        person;
13             13.  Has  operated a motor vehicle upon a highway of
14        this State when the person's driver's license was invalid
15        under the provisions of Section 6-110.  Provided that for
16        the first offense the Secretary of State may suspend  the
17        driver's  license  for  not  more  than  60 days, for the
18        second offense not more than 90 days, and for  the  third
19        offense not more than one year;
20             14.  Has  committed  a  violation  of Section 6-301,
21        6-301.1, or 6-301.2 of this Act, or Section 14,  14A,  or
22        14B of the Illinois Identification Card Act;
23             15.  Has been convicted of violating Section 21-2 of
24        the  Criminal  Code of 1961 relating to criminal trespass
25        to vehicles in which case, the suspension  shall  be  for
26        one year;
27             16.  Has  been convicted of violating Section 11-204
28        of this Code relating to fleeing from a police officer;
29             17.  Has refused to submit to a test, or  tests,  as
30        required  under  Section  11-501.1  of  this Code and the
31        person has not  sought  a  hearing  as  provided  for  in
32        Section 11-501.1;
33             18.  Has,  since  issuance  of a driver's license or
34        permit, been adjudged to be afflicted with  or  suffering
                            -5-                LRB9003027NTsb
 1        from any mental disability or disease;
 2             19.  Has  committed  a violation of paragraph (a) or
 3        (b) of  Section  6-101  relating  to  driving  without  a
 4        driver's license;
 5             20.  Has  been  convicted of violating Section 6-104
 6        relating to classification of driver's license;
 7             21.  Has been convicted of violating Section  11-402
 8        of this Code relating to leaving the scene of an accident
 9        resulting  in damage to a vehicle in excess of $1,000, in
10        which case the suspension shall be for one year;
11             22.  Has used a motor vehicle in violating paragraph
12        (3), (4), (7), or (9) of subsection (a) of  Section  24-1
13        of  the Criminal Code of 1961 relating to unlawful use of
14        weapons, in which case the suspension shall  be  for  one
15        year;
16             23.  Has,  as a driver, been convicted of committing
17        a violation of paragraph (a) of Section  11-502  of  this
18        Code for a second or subsequent time within one year of a
19        similar violation;
20             24.  Has   been  convicted  by  a  court-martial  or
21        punished   by   non-judicial   punishment   by   military
22        authorities  of  the  United   States   at   a   military
23        installation  in  Illinois  of  or  for a traffic related
24        offense that is the same as  or  similar  to  an  offense
25        specified under Section 6-205 or 6-206 of this Code;
26             25.  Has  permitted any form of identification to be
27        used by another in the application process  in  order  to
28        obtain  or  attempt  to  obtain a license, identification
29        card, or permit;
30             26.  Has altered or attempted to alter a license  or
31        has possessed an altered license, identification card, or
32        permit;
33             27.  Has violated Section 6-16 of the Liquor Control
34        Act of 1934;
                            -6-                LRB9003027NTsb
 1             28.  Has  been  convicted of the illegal possession,
 2        while operating or  in  actual  physical  control,  as  a
 3        driver,  of  a motor vehicle, of any controlled substance
 4        prohibited under the Illinois Controlled  Substances  Act
 5        or  any  cannabis  prohibited under the provisions of the
 6        Cannabis Control Act, in which case the person's  driving
 7        privileges  shall  be  suspended  for  one  year, and any
 8        driver  who  is  convicted  of  a  second  or  subsequent
 9        offense, within 5 years of a previous conviction, for the
10        illegal possession, while operating or in actual physical
11        control,  as  a  driver,  of  a  motor  vehicle,  of  any
12        controlled substance prohibited under the  provisions  of
13        the  Illinois  Controlled  Substances Act or any cannabis
14        prohibited  under  the  Cannabis  Control  Act  shall  be
15        suspended for 5 years. Any defendant found guilty of this
16        offense while operating a motor vehicle,  shall  have  an
17        entry  made  in  the  court record by the presiding judge
18        that this offense  did  occur  while  the  defendant  was
19        operating  a  motor  vehicle  and  order the clerk of the
20        court to report the violation to the Secretary of State;
21             29.  Has been convicted of  the  following  offenses
22        that  were committed while the person was operating or in
23        actual physical control, as a driver, of a motor vehicle:
24        criminal  sexual  assault,  predatory   criminal   sexual
25        assault  of  a child, aggravated criminal sexual assault,
26        criminal sexual abuse, aggravated criminal sexual  abuse,
27        juvenile  pimping,  soliciting  for a juvenile prostitute
28        and the  manufacture,  sale  or  delivery  of  controlled
29        substances  or  instruments  used for illegal drug use or
30        abuse in which case the driver's driving privileges shall
31        be suspended for one year;
32             30.  Has been convicted a second or subsequent  time
33        for any combination of the offenses named in paragraph 29
34        of  this  subsection,  in which case the person's driving
                            -7-                LRB9003027NTsb
 1        privileges shall be suspended for 5 years;
 2             31.  Beginning on January 1, 1991,  has  refused  to
 3        submit  to  a test as required by Section 11-501.6 or has
 4        submitted to a test resulting in an alcohol concentration
 5        of 0.10 or more or any amount of a  drug,  substance,  or
 6        compound  resulting  from the unlawful use or consumption
 7        of cannabis as listed in the Cannabis Control  Act  or  a
 8        controlled substance as listed in the Illinois Controlled
 9        Substances  Act  in  which  case  the penalty shall be as
10        prescribed in Section 6-208.1;
11             32.  Has been convicted of  Section  24-1.2  of  the
12        Criminal   Code   of  1961  relating  to  the  aggravated
13        discharge of a firearm if the offender was located  in  a
14        motor  vehicle at the time the firearm was discharged, in
15        which case the suspension shall be for 3 years; or
16             33.  Has as  a driver, who was less than 21 years of
17        age on the date of the offense, been  convicted  a  first
18        time of a violation of paragraph (a) of Section 11-502 of
19        this  Code  or  a similar provision of a local ordinance;
20        or.
21             34.  Has been convicted of violating Section  21-1.3
22        of  the  Criminal  Code  of  1961,  relating  to criminal
23        defacement of property, and is under 21 years of age,  in
24        which  case  the  person's  driving  privileges  shall be
25        suspended until the person has  reached  the  age  of  21
26        years.
27        For  purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
28    and  27  of  this  subsection,  license  means  any  driver's
29    license, any traffic ticket issued when the person's driver's
30    license is deposited in lieu of  bail,  a  suspension  notice
31    issued  by  the  Secretary of State, a duplicate or corrected
32    driver's  license,  a  probationary  driver's  license  or  a
33    temporary driver's license.
34        (b)  If any conviction forming the basis of a  suspension
                            -8-                LRB9003027NTsb
 1    or  revocation authorized under this Section is appealed, the
 2    Secretary of State may rescind or withhold the entry  of  the
 3    order  of  suspension  or  revocation,  as  the  case may be,
 4    provided that a certified copy of a stay order of a court  is
 5    filed  with  the  Secretary  of  State.  If the conviction is
 6    affirmed on appeal, the date of the conviction  shall  relate
 7    back  to  the  time  the  original judgment of conviction was
 8    entered and the  6  month  limitation  prescribed  shall  not
 9    apply.
10        (c) 1.  Upon  suspending or revoking the driver's license
11        or permit of any person as authorized  in  this  Section,
12        the  Secretary  of  State  shall  immediately  notify the
13        person in writing of the revocation  or  suspension.  The
14        notice to be deposited in the United States mail, postage
15        prepaid, to the last known address of the person.
16             2.  If  the Secretary of State suspends the driver's
17        license of a person under subsection 2 of  paragraph  (a)
18        of  this  Section,  a  person's  privilege  to  operate a
19        vehicle as an occupation shall not be suspended, provided
20        an affidavit is properly completed, the  appropriate  fee
21        received, and a permit issued prior to the effective date
22        of  the  suspension, unless 5 offenses were committed, at
23        least 2 of which occurred while  operating  a  commercial
24        vehicle   in   connection   with   the  driver's  regular
25        occupation.  All  other  driving  privileges   shall   be
26        suspended  by the Secretary of State. Any driver prior to
27        operating a vehicle for occupational purposes  only  must
28        submit  the  affidavit  on  forms  to  be provided by the
29        Secretary  of  State  setting  forth  the  facts  of  the
30        person's occupation.  The affidavit shall also state  the
31        number of offenses committed while operating a vehicle in
32        connection  with  the  driver's  regular  occupation. The
33        affidavit shall be accompanied by the  driver's  license.
34        Upon  receipt  of  a  properly  completed  affidavit, the
                            -9-                LRB9003027NTsb
 1        Secretary of State shall issue the  driver  a  permit  to
 2        operate a vehicle in connection with the driver's regular
 3        occupation  only.  Unless  the  permit  is  issued by the
 4        Secretary of State prior to the date of  suspension,  the
 5        privilege  to  drive any motor vehicle shall be suspended
 6        as set forth in the notice that  was  mailed  under  this
 7        Section.  If  an  affidavit is received subsequent to the
 8        effective date of this suspension, a permit may be issued
 9        for the remainder of the suspension period.
10             The provisions of this subparagraph shall not  apply
11        to  any  driver  required to obtain a commercial driver's
12        license under  Section  6-507  during  the  period  of  a
13        disqualification  of  commercial driving privileges under
14        Section 6-514.
15             Any person  who  falsely  states  any  fact  in  the
16        affidavit  required  herein  shall  be  guilty of perjury
17        under Section 6-302 and  upon  conviction  thereof  shall
18        have  all  driving  privileges  revoked  without  further
19        rights.
20             3.  At  the  conclusion  of  a hearing under Section
21        2-118 of this Code, the Secretary of State  shall  either
22        rescind  or  continue  an  order  of  revocation or shall
23        substitute  an  order  of  suspension;  or,  good   cause
24        appearing  therefor, rescind, continue, change, or extend
25        the order of suspension.  If the Secretary of State  does
26        not   rescind   the   order,   the   Secretary  may  upon
27        application,  to  relieve   undue   hardship,   issue   a
28        restricted  driving  permit  granting  the  privilege  of
29        driving   a   motor   vehicle  between  the  petitioner's
30        residence and petitioner's place of employment or  within
31        the  scope  of his employment related duties, or to allow
32        transportation for the petitioner, or a household  member
33        of  the petitioner's family, to receive necessary medical
34        care  and  if  the  professional  evaluation   indicates,
                            -10-               LRB9003027NTsb
 1        provide    transportation   for   alcohol   remedial   or
 2        rehabilitative activity, or for the petitioner to  attend
 3        classes,  as  a  student,  in  an  accredited educational
 4        institution; if the petitioner  is  able  to  demonstrate
 5        that no alternative means of transportation is reasonably
 6        available and the petitioner will not endanger the public
 7        safety or welfare. In each case the Secretary may issue a
 8        restricted   driving   permit   for   a   period   deemed
 9        appropriate,  except that all permits shall expire within
10        one year from the date of issuance.  A restricted driving
11        permit issued under this  Section  shall  be  subject  to
12        cancellation, revocation, and suspension by the Secretary
13        of  State in like manner and for like cause as a driver's
14        license issued under this Code may be cancelled, revoked,
15        or suspended; except that a conviction upon one  or  more
16        offenses   against  laws  or  ordinances  regulating  the
17        movement of traffic shall be deemed sufficient cause  for
18        the   revocation,   suspension,   or  cancellation  of  a
19        restricted driving permit. The Secretary of State may, as
20        a condition to  the  issuance  of  a  restricted  driving
21        permit,   require  the  applicant  to  participate  in  a
22        designated driver remedial or rehabilitative program. The
23        Secretary of State is authorized to cancel  a  restricted
24        driving permit if the permit holder does not successfully
25        complete the program.
26        (d)  This  Section  is  subject  to the provisions of the
27    Drivers License Compact.
28    (Source: P.A. 88-45; 88-209; 88-211;  88-670,  eff.  12-2-94;
29    89-283,  eff.  1-1-96;  89-428,  eff.  12-13-95; 89-462, eff.
30    5-29-96.)
31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.

[ Top ]