Public Act 098-0167
HB0772 EnrolledLRB098 03611 MLW 33627 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 and by adding Section 6-107.5 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    any person whose driver's license or permit has been
    revoked, except as provided in Sections 6-205, 6-206, and
        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 who has been delegated the performance of medical
    examinations by his or her supervising physician, or a
    licensed advanced practice nurse who has a written
    collaborative agreement with a collaborating physician
    which authorizes him or her to perform medical
    examinations, to the effect that the operation of a motor
    vehicle by the person would not be inimical to the public
        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
        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; or
        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.
    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. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff.
7-22-11; 97-1150, eff. 1-25-13.)
    (625 ILCS 5/6-107.5 new)
    Sec. 6-107.5. Adult Driver Education Course.
    (a) The Secretary shall establish by rule the curriculum
and designate the materials to be used in an adult driver
education course. The course shall be at least 6 hours in
length and shall include instruction on traffic laws; highway
signs, signals, and markings that regulate, warn, or direct
traffic; and issues commonly associated with motor vehicle
accidents including poor decision-making, risk taking,
impaired driving, distraction, speed, failure to use a safety
belt, driving at night, failure to yield the right-of-way,
texting while driving, using wireless communication devices,
and alcohol and drug awareness. The curriculum shall not
require the operation of a motor vehicle.
    (b) The Secretary shall certify course providers. The
requirements to be a certified course provider, the process for
applying for certification, and the procedure for decertifying
a course provider shall be established by rule.
    (c) The Secretary may permit a course provider to offer the
course online, if the Secretary is satisfied the course
provider has established adequate procedures for verifying:
        (1) the identity of the person taking the course
    online; and
        (2) the person completes the entire course.
    (d) The Secretary shall establish a method of electronic
verification of a student's successful completion of the
    (e) The fee charged by the course provider must bear a
reasonable relationship to the cost of the course. The
Secretary shall post on the Secretary of State's website a list
of approved course providers, the fees charged by the
providers, and contact information for each provider.
    (f) In addition to any other fee charged by the course
provider, the course provider shall collect a fee of $5 from
each student to offset the costs incurred by the Secretary in
administering this program. The $5 shall be submitted to the
Secretary within 14 days of the day on which it was collected.
All such fees received by the Secretary shall be deposited in
the Secretary of State Driver Services Administration Fund.
    Section 99. Effective date. This Act takes effect July 1,