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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1600 Introduced 2/20/2015, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED:
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Amends the Illinois Identification Card Act. Requires the Secretary of State, following implementation of the federal REAL ID Act of 2005, to refuse to issue an identification card to any person who has been issued a driver's license under the Illinois Vehicle Code, unless he or she surrenders the driver's license in order to become eligible to obtain an identification card. Directs the Secretary to comply with the provisions of the federal REAL ID Act of 2005 in the issuance of standard Illinois Identification Cards and Illinois Person with a Disability Identification Cards. Requires applicants for standard Identification Cards and Illinois Person with a Disability Identification Cards that comply with the REAL ID Act of 2005 to provide proof of lawful status within the United States. Provides for the expiration of identification cards issued to persons at least 65 years of age based upon whether that card was issued before or after the implementation of the REAL ID Act of 2005. Amends the Illinois Vehicle Code. Directs the Secretary of State to comply with the provisions of the REAL ID Act of 2005 in the issuance of driver's licenses and permits. Requires the Secretary, based upon the REAL ID Act of 2005, to refuse to issue an identification card to any person who has been issued a driver's license under the Illinois Vehicle Code, unless he or she surrenders the driver's license in order to become eligible to obtain an identification card. Requires applicants for driver's licenses or permits that comply with the REAL ID Act of 2005 to provide proof of lawful status within the United States.
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Identification Card Act is amended |
| 5 | | by changing Sections 2, 5, and 8 as follows:
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| 6 | | (15 ILCS 335/2) (from Ch. 124, par. 22)
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| 7 | | Sec. 2. Administration and powers and duties of the |
| 8 | | Administrator. |
| 9 | | (a) The Secretary of State is the Administrator of this |
| 10 | | Act, and he is
charged with the duty of observing, |
| 11 | | administering and enforcing the
provisions of this Act.
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| 12 | | (b) The Secretary is vested with the powers and duties for |
| 13 | | the
proper administration of this Act as follows:
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| 14 | | 1. He shall organize the administration of this Act as |
| 15 | | he may deem
necessary and appoint such subordinate |
| 16 | | officers, clerks and other
employees as may be necessary.
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| 17 | | 2. From time to time, he may make, amend or rescind |
| 18 | | rules and
regulations as may be in the public interest to |
| 19 | | implement the Act.
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| 20 | | 3. He may prescribe or provide suitable forms as |
| 21 | | necessary, including
such forms as are necessary to |
| 22 | | establish that an applicant for an Illinois
Person with a |
| 23 | | Disability Identification Card is a "disabled person" as |
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| 1 | | defined in
Section 4A of this Act, and establish that an |
| 2 | | applicant for a State identification card is a "homeless |
| 3 | | person" as defined in Section 1A of this Act.
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| 4 | | 4. He may prepare under the seal of the Secretary of |
| 5 | | State certified
copies of any records utilized under this |
| 6 | | Act and any such certified
copy shall be admissible in any |
| 7 | | proceeding in any court in like manner
as the original |
| 8 | | thereof.
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| 9 | | 5. Records compiled under this Act shall be maintained |
| 10 | | for 6 years,
but the Secretary may destroy such records |
| 11 | | with the prior approval of
the State Records Commission.
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| 12 | | 6. He shall examine and determine the genuineness, |
| 13 | | regularity and
legality of every application filed with him |
| 14 | | under this Act, and he may
in all cases investigate the |
| 15 | | same, require additional information or
proof or |
| 16 | | documentation from any applicant.
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| 17 | | 7. He shall require the payment of all fees prescribed |
| 18 | | in this Act,
and all such fees received by him shall be |
| 19 | | placed in the Road Fund of the
State treasury except as |
| 20 | | otherwise provided in Section 12 of this Act. |
| 21 | | 8. Upon the Secretary's implementation of the federal |
| 22 | | REAL ID Act of 2005 (P.L. 109-13), he shall refuse to issue |
| 23 | | any identification card under this Act to any person who |
| 24 | | has been issued a driver's license pursuant to the Illinois |
| 25 | | Vehicle Code. Any such person may, at his or her |
| 26 | | discretion, surrender the driver's license in order to |
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| 1 | | become eligible to obtain an identification card.
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| 2 | | (c) Beginning not later than July 1, 2016, and subject to |
| 3 | | appropriation, the Secretary of State shall comply with the |
| 4 | | provisions of the federal REAL ID Act of 2005 (P.L. 109-13) in |
| 5 | | the issuance of standard Illinois Identification Cards and |
| 6 | | Illinois Person with a Disability Identification Cards. The |
| 7 | | Secretary may adopt all administrative rules necessary to |
| 8 | | implement the federal REAL ID Act of 2005. |
| 9 | | (Source: P.A. 96-183, eff. 7-1-10; 97-1064, eff. 1-1-13.)
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| 10 | | (15 ILCS 335/5) (from Ch. 124, par. 25)
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| 11 | | Sec. 5. Applications. |
| 12 | | (a) Any natural person who is a resident of the
State of |
| 13 | | Illinois may file an application for an identification card, or |
| 14 | | for
the renewal thereof, in a manner prescribed by the |
| 15 | | Secretary. Each original application
shall be completed by the |
| 16 | | applicant in full and shall set forth the legal
name,
residence |
| 17 | | address and zip code, social security number, birth date, sex |
| 18 | | and
a brief
description of the applicant. The applicant shall |
| 19 | | be photographed, unless the Secretary of State has provided by |
| 20 | | rule for the issuance of identification cards without |
| 21 | | photographs and the applicant is deemed eligible for an |
| 22 | | identification card without a photograph under the terms and |
| 23 | | conditions imposed by the Secretary of State, and he
or she |
| 24 | | shall also submit any other information as the Secretary may |
| 25 | | deem necessary
or such documentation as the Secretary may |
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| 1 | | require to determine the
identity of the applicant. In addition |
| 2 | | to the residence address, the Secretary may allow the applicant |
| 3 | | to provide a mailing address. If the applicant is a judicial |
| 4 | | officer as defined in Section 1-10 of the Judicial Privacy Act |
| 5 | | or a peace officer, the applicant may elect to have his or her |
| 6 | | office or work address in lieu of the applicant's residence or |
| 7 | | mailing address. An applicant for an Illinois Person with a |
| 8 | | Disability Identification Card must
also submit with each |
| 9 | | original or renewal application, on forms prescribed
by the |
| 10 | | Secretary, such documentation as the Secretary may require,
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| 11 | | establishing that the applicant is a "person with a disability" |
| 12 | | as defined in
Section 4A of this Act, and setting forth the |
| 13 | | applicant's type and class of
disability as set forth in |
| 14 | | Section 4A of this Act.
For the purposes of this subsection |
| 15 | | (a), "peace officer" means any person who by virtue of his or |
| 16 | | her office or public employment is vested by law with a duty to |
| 17 | | maintain public order or to make arrests for a violation of any |
| 18 | | penal statute of this State, whether that duty extends to all |
| 19 | | violations or is limited to specific violations.
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| 20 | | (b) Beginning on or before July 1, 2015, for each original |
| 21 | | or renewal identification card application under this Act, the |
| 22 | | Secretary shall inquire as to whether the applicant is a |
| 23 | | veteran for purposes of issuing an identification card with a |
| 24 | | veteran designation under subsection (c-5) of Section 4 of this |
| 25 | | Act. The acceptable forms of proof shall include, but are not |
| 26 | | limited to, Department of Defense form DD-214. The Secretary |
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| 1 | | shall determine by rule what other forms of proof of a person's |
| 2 | | status as a veteran are acceptable. |
| 3 | | The Illinois Department of Veterans' Affairs shall confirm |
| 4 | | the status of the applicant as an honorably discharged veteran |
| 5 | | before the Secretary may issue the identification card. |
| 6 | | For purposes of this subsection (b): |
| 7 | | "Active duty" means active duty under an executive order of |
| 8 | | the President of the United States, an Act of the Congress of |
| 9 | | the United States, or an order of the Governor. |
| 10 | | "Armed forces" means any of the Armed Forces of the United |
| 11 | | States, including a member of any reserve component or National |
| 12 | | Guard unit called to active duty. |
| 13 | | "Veteran" means a person who has served on active duty in |
| 14 | | the armed forces and was discharged or separated under |
| 15 | | honorable conditions. |
| 16 | | (c) Upon the Secretary's implementation of the federal REAL |
| 17 | | ID Act of 2005, all applicants for REAL ID compliant standard |
| 18 | | Illinois Identification Cards and Illinois Person with a |
| 19 | | Disability Identification Cards shall provide proof of lawful |
| 20 | | status as defined in 6 CFR 37.3, as amended. Applicants who are |
| 21 | | unable to provide the Secretary with proof of lawful status are |
| 22 | | ineligible for identification cards under this Act. |
| 23 | | (Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847, |
| 24 | | eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, |
| 25 | | eff. 8-16-13.)
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| 1 | | (15 ILCS 335/8) (from Ch. 124, par. 28)
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| 2 | | Sec. 8. Expiration.
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| 3 | | (a) Every identification card issued hereunder,
except to |
| 4 | | persons who have reached their 15th birthday, but are not yet |
| 5 | | 21
years of age, persons who are 65 years of age or older, and |
| 6 | | persons who are
issued an Illinois Person with a Disability |
| 7 | | Identification Card, shall
expire 5 years from the ensuing |
| 8 | | birthday of the
applicant and a renewal
shall expire 5 years |
| 9 | | thereafter. Every original or renewal identification
card |
| 10 | | issued to a person who has reached his or her 15th birthday, |
| 11 | | but is
not yet
21 years of age shall expire 3 months after the |
| 12 | | person's 21st birthday.
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| 13 | | (b) Except as provided in this Section, every Every |
| 14 | | original, renewal, or duplicate (i) identification card issued |
| 15 | | prior to the Secretary's implementation of the federal REAL ID |
| 16 | | Act of 2005
to a
person who has reached his or her 65th |
| 17 | | birthday shall be permanent and need
not be renewed; and (ii) |
| 18 | | identification card issued subsequent to the Secretary's |
| 19 | | implementation of the federal REAL ID Act of 2005 to a person |
| 20 | | who has reached his or her 69th birthday shall expire 15 years |
| 21 | | thereafter; and (iii) Illinois Person with a Disability |
| 22 | | Identification Card issued to a qualifying person shall expire |
| 23 | | 10 years
thereafter. The Secretary of State shall promulgate |
| 24 | | rules setting forth the
conditions and criteria for the renewal |
| 25 | | of all Illinois Person with a Disability Identification Cards.
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| 26 | | (Source: P.A. 97-1064, eff. 1-1-13.)
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| 1 | | Section 10. The Illinois Vehicle Code is amended by |
| 2 | | changing Sections 6-101, 6-103, and 6-106 as follows:
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| 3 | | (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
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| 4 | | (Text of Section before amendment by P.A. 98-176)
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| 5 | | Sec. 6-101. Drivers must have licenses or permits.
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| 6 | | (a) No person, except those expressly exempted by Section |
| 7 | | 6-102, shall
drive any motor vehicle upon a highway in this |
| 8 | | State unless such person has
a valid license or permit, or a |
| 9 | | restricted driving permit, issued under the
provisions of this |
| 10 | | Act.
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| 11 | | (b) No person shall drive a motor vehicle unless he holds a |
| 12 | | valid
license or permit, or a restricted driving permit issued |
| 13 | | under the
provisions of Section 6-205, 6-206, or 6-113 of this |
| 14 | | Act. Any person to
whom a license is issued under the |
| 15 | | provisions of this Act must surrender to
the Secretary of State |
| 16 | | all valid licenses or permits. No drivers license or |
| 17 | | instruction permit
shall be issued to any person who holds a |
| 18 | | valid Foreign State license,
identification card, or permit
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| 19 | | unless such person first surrenders to the Secretary of State |
| 20 | | any such
valid Foreign State license,
identification card, or |
| 21 | | permit.
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| 22 | | (b-5) Any person who commits a violation of subsection (a) |
| 23 | | or (b) of this Section is guilty of a Class A misdemeanor, if |
| 24 | | at the time of the violation the person's driver's license or |
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| 1 | | permit was cancelled under clause (a)9 of Section 6-201 of this |
| 2 | | Code.
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| 3 | | (c) Any person licensed as a driver hereunder shall not be |
| 4 | | required by
any city, village, incorporated town or other |
| 5 | | municipal corporation to
obtain any other license to exercise |
| 6 | | the privilege thereby granted.
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| 7 | | (d) In addition to other penalties imposed under this |
| 8 | | Section, any person
in violation of this Section who is also in |
| 9 | | violation of Section 7-601 of this
Code relating to mandatory |
| 10 | | insurance requirements shall have his or her motor
vehicle |
| 11 | | immediately impounded by the arresting law enforcement |
| 12 | | officer. The
motor vehicle may be released to any licensed |
| 13 | | driver upon a showing of proof of
insurance for the motor |
| 14 | | vehicle that was impounded and the notarized written
consent |
| 15 | | for the release by the vehicle owner.
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| 16 | | (e) In addition to other penalties imposed under this |
| 17 | | Section, the
vehicle
of any person
in violation of this Section |
| 18 | | who is also in violation of Section 7-601 of this
Code relating |
| 19 | | to mandatory insurance requirements and who, in violating this
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| 20 | | Section, has caused death or personal injury to another person |
| 21 | | is subject to
forfeiture under
Sections 36-1 and 36-2 of the |
| 22 | | Criminal Code of 2012.
For the purposes of this Section, a |
| 23 | | personal injury shall include
any type A injury as indicated on |
| 24 | | the traffic accident report completed
by a law enforcement |
| 25 | | officer that requires immediate professional attention
in |
| 26 | | either a doctor's office or a medical facility. A type A injury |
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| 1 | | shall
include severely bleeding wounds, distorted extremities, |
| 2 | | and injuries that
require the injured party to be carried from |
| 3 | | the scene.
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| 4 | | (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13.)
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| 5 | | (Text of Section after amendment by P.A. 98-176) |
| 6 | | Sec. 6-101. Drivers must have licenses or permits.
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| 7 | | (a) No person, except those expressly exempted by Section |
| 8 | | 6-102, shall
drive any motor vehicle upon a highway in this |
| 9 | | State unless such person has
a valid license or permit, or a |
| 10 | | restricted driving permit, issued under the
provisions of this |
| 11 | | Act.
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| 12 | | (b) No person shall drive a motor vehicle unless he holds a |
| 13 | | valid
license or permit, or a restricted driving permit issued |
| 14 | | under the
provisions of Section 6-205, 6-206, or 6-113 of this |
| 15 | | Act. Any person to
whom a license is issued under the |
| 16 | | provisions of this Act must surrender to
the Secretary of State |
| 17 | | all valid licenses or permits, except that an applicant for a |
| 18 | | non-domiciled commercial learner's permit or commercial |
| 19 | | driver's license shall not be required to surrender a license |
| 20 | | or permit issued by the applicant's state or country of |
| 21 | | domicile. No drivers license or instruction permit
shall be |
| 22 | | issued to any person who holds a valid Foreign State license,
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| 23 | | identification card, or permit
unless such person first |
| 24 | | surrenders to the Secretary of State any such
valid Foreign |
| 25 | | State license,
identification card, or permit.
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| 1 | | (b-5) Any person who commits a violation of subsection (a) |
| 2 | | or (b) of this Section is guilty of a Class A misdemeanor, if |
| 3 | | at the time of the violation the person's driver's license or |
| 4 | | permit was cancelled under clause (a)9 of Section 6-201 of this |
| 5 | | Code.
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| 6 | | (c) Any person licensed as a driver hereunder shall not be |
| 7 | | required by
any city, village, incorporated town or other |
| 8 | | municipal corporation to
obtain any other license to exercise |
| 9 | | the privilege thereby granted.
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| 10 | | (d) In addition to other penalties imposed under this |
| 11 | | Section, any person
in violation of this Section who is also in |
| 12 | | violation of Section 7-601 of this
Code relating to mandatory |
| 13 | | insurance requirements shall have his or her motor
vehicle |
| 14 | | immediately impounded by the arresting law enforcement |
| 15 | | officer. The
motor vehicle may be released to any licensed |
| 16 | | driver upon a showing of proof of
insurance for the motor |
| 17 | | vehicle that was impounded and the notarized written
consent |
| 18 | | for the release by the vehicle owner.
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| 19 | | (e) In addition to other penalties imposed under this |
| 20 | | Section, the
vehicle
of any person
in violation of this Section |
| 21 | | who is also in violation of Section 7-601 of this
Code relating |
| 22 | | to mandatory insurance requirements and who, in violating this
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| 23 | | Section, has caused death or personal injury to another person |
| 24 | | is subject to
forfeiture under
Sections 36-1 and 36-2 of the |
| 25 | | Criminal Code of 2012.
For the purposes of this Section, a |
| 26 | | personal injury shall include
any type A injury as indicated on |
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| 1 | | the traffic accident report completed
by a law enforcement |
| 2 | | officer that requires immediate professional attention
in |
| 3 | | either a doctor's office or a medical facility. A type A injury |
| 4 | | shall
include severely bleeding wounds, distorted extremities, |
| 5 | | and injuries that
require the injured party to be carried from |
| 6 | | the scene.
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| 7 | | (f) Beginning not later than July 1, 2016, and subject to |
| 8 | | appropriation, the Secretary of State shall comply with the |
| 9 | | provisions of the federal REAL ID Act of 2005 (P.L. 109-13) in |
| 10 | | the issuance of driver's licenses and permits. The Secretary |
| 11 | | may adopt all administrative rules necessary to implement the |
| 12 | | federal REAL ID Act of 2005. |
| 13 | | (Source: P.A. 97-229, eff. 7-28-11; 97-1150, eff. 1-25-13; |
| 14 | | 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the |
| 15 | | effective date of changes made by P.A. 98-176).)
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| 16 | | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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| 17 | | Sec. 6-103. What persons shall not be licensed as drivers |
| 18 | | or granted
permits. The Secretary of State shall not issue, |
| 19 | | renew, or
allow the retention of any driver's
license nor issue |
| 20 | | any permit under this Code:
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| 21 | | 1. To any person, as a driver, who is under the age of |
| 22 | | 18 years except
as provided in Section 6-107, and except |
| 23 | | that an instruction permit may be
issued under Section |
| 24 | | 6-107.1 to a child who
is not less than 15 years of age if |
| 25 | | 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
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| 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
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| 6 | | approved driver education course and except that an
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| 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;
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| 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;
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| 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
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| 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;
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| 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
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| 3 | | 6-208;
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| 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;
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| 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
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| 11 | | methods provided by law;
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| 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;
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| 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;
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| 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
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| 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;
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| 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;
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| 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;
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| 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
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| 21 | | Section 6-104;
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| 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;
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| 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 | | or |
| 21 | | 19. To any person, upon the Secretary's implementation |
| 22 | | of the federal REAL ID Act of 2005, who has been issued an |
| 23 | | identification card pursuant to the Illinois |
| 24 | | Identification Card Act. Any such person may, at his or her |
| 25 | | discretion, surrender the identification card in order to |
| 26 | | become eligible to obtain a driver's license. |
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| 1 | | The Secretary of State shall retain all conviction
|
| 2 | | information, if the information is required to be held |
| 3 | | confidential under
the Juvenile Court Act of 1987. |
| 4 | | (Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13; |
| 5 | | 98-167, eff. 7-1-14; 98-756, eff. 7-16-14.)
|
| 6 | | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
|
| 7 | | Sec. 6-106. Application for license or instruction permit.
|
| 8 | | (a) Every application for any permit or license authorized |
| 9 | | to be issued
under this Code shall be made upon a form |
| 10 | | furnished by the Secretary of
State. Every application shall be |
| 11 | | accompanied by the proper fee and payment
of such fee shall |
| 12 | | entitle the applicant to not more than 3 attempts to pass
the |
| 13 | | examination within a period of one year after the date of |
| 14 | | application.
|
| 15 | | (b) Every application shall state the legal name, social |
| 16 | | security
number, zip
code, date of birth, sex, and residence |
| 17 | | address of the applicant; briefly
describe the applicant; state |
| 18 | | whether the applicant has theretofore been
licensed as a |
| 19 | | driver, and, if so, when and by what state or country, and
|
| 20 | | whether any such license has ever been cancelled, suspended, |
| 21 | | revoked or
refused, and, if so, the date and reason for such |
| 22 | | cancellation, suspension,
revocation or refusal; shall include |
| 23 | | an affirmation by the applicant that
all information set forth |
| 24 | | is true and correct; and shall bear the
applicant's signature. |
| 25 | | In addition to the residence address, the Secretary may allow |
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| 1 | | the applicant to provide a mailing address. In the case of an |
| 2 | | applicant who is a judicial officer or peace officer, the |
| 3 | | Secretary may allow the applicant to provide an office or work |
| 4 | | address in lieu of a residence or mailing address. The |
| 5 | | application form may
also require the statement of such |
| 6 | | additional relevant information as the
Secretary of State shall |
| 7 | | deem necessary to determine the applicant's
competency and |
| 8 | | eligibility. The Secretary of State may, in his
discretion, by |
| 9 | | rule or regulation, provide that an application for a
drivers |
| 10 | | license or permit may include a suitable photograph of the
|
| 11 | | applicant in the
form prescribed by the Secretary, and he may |
| 12 | | further provide that each
drivers license shall include a |
| 13 | | photograph of the driver. The Secretary of
State may utilize a |
| 14 | | photograph process or system most suitable to deter
alteration |
| 15 | | or improper reproduction of a drivers license and to prevent
|
| 16 | | substitution of another photo thereon.
For the purposes of this |
| 17 | | subsection (b), "peace officer" means any person who by virtue |
| 18 | | of his or her office or public employment is vested by law with |
| 19 | | a duty to maintain public order or to make arrests for a |
| 20 | | violation of any penal statute of this State, whether that duty |
| 21 | | extends to all violations or is limited to specific violations.
|
| 22 | | (b-5) Upon the Secretary's implementation of the federal |
| 23 | | REAL ID Act of 2005, all applicants for REAL ID compliant |
| 24 | | driver's licenses or permits shall provide proof of lawful |
| 25 | | status as defined in 6 CFR 37.3, as amended. Applicants who are |
| 26 | | unable to provide the Secretary with proof of lawful status may |
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| 1 | | apply for a driver's license or permit under Section 6-105.1 of |
| 2 | | this Code. |
| 3 | | (c) The application form shall include a notice to the |
| 4 | | applicant of the
registration obligations of sex offenders |
| 5 | | under the Sex Offender Registration
Act. The notice shall be |
| 6 | | provided in a form and manner prescribed by the
Secretary of |
| 7 | | State. For purposes of this subsection (c), "sex offender" has
|
| 8 | | the meaning ascribed to it in Section 2 of the Sex Offender |
| 9 | | Registration Act.
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| 10 | | (d) Any male United States citizen or immigrant who applies |
| 11 | | for any
permit or
license authorized to be issued under this |
| 12 | | Code or for a renewal of any permit
or
license,
and who is at |
| 13 | | least 18 years of age but less than 26 years of age, must be
|
| 14 | | registered in compliance with the requirements of the federal |
| 15 | | Military
Selective
Service Act.
The Secretary of State must |
| 16 | | forward in an electronic format the necessary
personal |
| 17 | | information regarding the applicants identified in this |
| 18 | | subsection (d)
to
the Selective Service System. The applicant's |
| 19 | | signature on the application
serves
as an indication that the |
| 20 | | applicant either has already registered with the
Selective
|
| 21 | | Service System or that he is authorizing the Secretary to |
| 22 | | forward to the
Selective
Service System the necessary |
| 23 | | information for registration. The Secretary must
notify the |
| 24 | | applicant at the time of application that his signature |
| 25 | | constitutes
consent to registration with the Selective Service |
| 26 | | System, if he is not already
registered.
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| 1 | | (e) Beginning on or before July 1, 2015, for each original |
| 2 | | or renewal driver's license application under this Code, the |
| 3 | | Secretary shall inquire as to whether the applicant is a |
| 4 | | veteran for purposes of issuing a driver's license with a |
| 5 | | veteran designation under subsection (e-5) of Section 6-110 of |
| 6 | | this Code. The acceptable forms of proof shall include, but are |
| 7 | | not limited to, Department of Defense form DD-214. The |
| 8 | | Secretary shall determine by rule what other forms of proof of |
| 9 | | a person's status as a veteran are acceptable. |
| 10 | | The Illinois Department of Veterans' Affairs shall confirm |
| 11 | | the status of the applicant as an honorably discharged veteran |
| 12 | | before the Secretary may issue the driver's license. |
| 13 | | For purposes of this subsection (e): |
| 14 | | "Active duty" means active duty under an executive order of |
| 15 | | the President of the United States, an Act of the Congress of |
| 16 | | the United States, or an order of the Governor. |
| 17 | | "Armed forces" means any of the Armed Forces of the United |
| 18 | | States, including a member of any reserve component or National |
| 19 | | Guard unit called to active duty. |
| 20 | | "Veteran" means a person who has served on active duty in |
| 21 | | the armed forces and was discharged or separated under |
| 22 | | honorable conditions. |
| 23 | | (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, |
| 24 | | eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756, |
| 25 | | eff. 7-16-14.)
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| 1 | | Section 95. No acceleration or delay. Where this Act makes |
| 2 | | changes in a statute that is represented in this Act by text |
| 3 | | that is not yet or no longer in effect (for example, a Section |
| 4 | | represented by multiple versions), the use of that text does |
| 5 | | not accelerate or delay the taking effect of (i) the changes |
| 6 | | made by this Act or (ii) provisions derived from any other |
| 7 | | Public Act.
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| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
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|