HB2582 EnrolledLRB103 26387 MXP 52750 b



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 
5changing Section 6-103 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 
10issue any 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 
19 to 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 
6 evaluation or take an examination provided
for in this 
7 Code unless the person has
successfully passed the 
8 examination and 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, or a licensed advanced practice registered 
21 nurse, to the effect that the operation of a motor vehicle 
22 by the
person would not be inimical to the public safety;

23  9. To any person, as a driver, who is 69 years of age 
24 or older, unless
the person has successfully complied with 
25 the provisions of Section 6-109;

26  10. To any person convicted, within 12 months of 
 
 
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1 application for a
license, of any of the sexual offenses 
2 enumerated in paragraph 2 of subsection
(b) of Section 
3 6-205;

4  11. To any person who is under the age of 21 years with 
5 a classification
prohibited in paragraph (b) of Section 
6 6-104 and to any person who is under
the age of 18 years 
7 with a classification prohibited in paragraph (c) of

8 Section 6-104;

9  12. To any person who has been either convicted of or 
10 adjudicated under
the Juvenile Court Act of 1987 based 
11 upon a violation of the Cannabis Control
Act, the Illinois 
12 Controlled Substances Act, or the Methamphetamine Control 
13 and Community Protection Act while that person was in 
14 actual
physical control of a motor vehicle. For purposes 
15 of this Section, any person
placed on probation under 
16 Section 10 of the Cannabis Control Act, Section 410
of the 
17 Illinois Controlled Substances Act, or Section 70 of the 
18 Methamphetamine Control and Community Protection Act shall 
19 not be considered convicted.
Any person found guilty of 
20 this offense, while in actual physical control of a
motor 
21 vehicle, shall have an entry made in the court record by 
22 the judge that
this offense did occur while the person was 
23 in actual physical control of a
motor vehicle and order 
24 the clerk of the court to report the violation to the

25 Secretary of State as such. The Secretary of State shall 
26 not issue a new
license or permit for a period of one year;

 
 
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1  13. To any person who is under the age of 18 years and 
2 who has committed
the offense
of operating a motor vehicle 
3 without a valid license or permit in violation of
Section 
4 6-101 or a similar out of state offense;

5  14. To any person who is
90 days or more
delinquent in 
6 court ordered child support
payments or has been 
7 adjudicated in arrears
in an amount equal to 90 days' 
8 obligation or more
and who has been found in contempt
of

9 court for failure to pay the support, subject to the 
10 requirements and
procedures of Article VII of Chapter 7 of

11 the Illinois Vehicle Code;

12  14.5. To any person certified by the Illinois 
13 Department of Healthcare and Family Services as being 90 
14 days or more delinquent in payment of support under an 
15 order of support entered by a court or administrative body 
16 of this or any other State, subject to the requirements 
17 and procedures of Article VII of Chapter 7 of this Code 
18 regarding those certifications;

19  15. To any person released from a term of imprisonment 
20 for violating
Section 9-3 of the Criminal Code of 1961 or 
21 the Criminal Code of 2012, or a similar provision of a law 
22 of another state relating to reckless homicide or for 
23 violating subparagraph (F) of paragraph (1) of subsection 
24 (d) of Section 11-501 of this Code relating to aggravated 
25 driving under the influence of alcohol, other drug or 
26 drugs, intoxicating compound or compounds, or any 
 
 
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1 combination thereof, if the violation was the proximate 
2 cause of a death, within
24 months of release from a term 
3 of imprisonment;

4  16. To any person who, with intent to influence any 
5 act related to the issuance of any driver's license or 
6 permit, by an employee of the Secretary of State's Office, 
7 or the owner or employee of any commercial driver training 
8 school licensed by the Secretary of State, or any other 
9 individual authorized by the laws of this State to give 
10 driving instructions or administer all or part of a 
11 driver's license examination, promises or tenders to that 
12 person any property or personal advantage which that 
13 person is not authorized by law to accept. Any persons 
14 promising or tendering such property or personal advantage 
15 shall be disqualified from holding any class of driver's 
16 license or permit for 120 consecutive days. The Secretary 
17 of State shall establish by rule the procedures for 
18 implementing this period of disqualification and the 
19 procedures by which persons so disqualified may obtain 
20 administrative review of the decision to disqualify;

21  17. To any person for whom the Secretary of State 
22 cannot verify the
accuracy of any information or 
23 documentation submitted in application for a
driver's 
24 license;

25  18. To any person who has been adjudicated under the 
26 Juvenile Court Act of 1987 based upon an offense that is 
 
 
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1 determined by the court to have been committed in 
2 furtherance of the criminal activities of an organized 
3 gang, as provided in Section 5-710 of that Act, and that 
4 involved the operation or use of a motor vehicle or the use 
5 of a driver's license or permit. The person shall be 
6 denied a license or permit for the period determined by 
7 the court; or

8  19. To any person who holds a REAL ID compliant 
9 identification card or REAL ID compliant Person with a 
10 Disability Identification Card issued under the Illinois 
11 Identification Card Act. Any such person may, at his or 
12 her discretion, surrender the REAL ID compliant 
13 identification card or REAL ID compliant Person with a 
14 Disability Identification Card in order to become eligible 
15 to obtain a REAL ID compliant driver's license. 
16 The Secretary of State shall retain all conviction

17information, if the information is required to be held 
18confidential under
the Juvenile Court Act of 1987.
19(Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17; 
20100-248, eff. 8-22-17; 100-513, eff. 1-1-18; 100-863, eff. 
218-14-18.)