Sen. Martin A. Sandoval

Filed: 3/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2104

2    AMENDMENT NO. ______. Amend Senate Bill 2104 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-107.1 and 6-110 as follows:
 
6    (625 ILCS 5/6-107.1)
7    Sec. 6-107.1. Instruction permit for a minor.
8    (a) The Secretary of State, upon receiving proper
9application and payment of the required fee, may issue an
10instruction permit to any person under the age of 18 years who
11is not ineligible for a license under paragraphs 1, 3, 4, 5, 7,
12or 8 of Section 6-103, after the applicant has successfully
13passed such examination as the Secretary of State in his
14discretion may prescribe.
15        (1) An instruction permit issued under this Section
16    shall be valid for a period of 24 months after the date of

 

 

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1    its issuance and shall be restricted, by the Secretary of
2    State, to the operation of a motor vehicle by the minor
3    only when under direct supervision of the adult instructor
4    of a driver education program during enrollment in the
5    program or when practicing under direct supervision of a
6    parent, legal guardian, family member, or a person in loco
7    parentis who is 21 years of age or more, has a license
8    classification to operate such vehicle and at least one
9    year of driving experience, and who is occupying a seat
10    beside the driver.
11        (2) A 24 month instruction permit for a motor driven
12    cycle may be issued to a person 16 or 17 years of age and
13    entitles the holder to drive upon the highways during
14    daylight under direct supervision of a licensed motor
15    driven cycle operator or motorcycle operator 21 years of
16    age or older who has a license classification to operate
17    such motor driven cycle or motorcycle and at least one year
18    of driving experience.
19        (3) A 24 month instruction permit for a motorcycle
20    other than a motor driven cycle may be issued to a person
21    16 or 17 years of age in accordance with the provisions of
22    paragraph 2 of Section 6-103 and entitles a holder to drive
23    upon the highways during daylight under the direct
24    supervision of a licensed motorcycle operator 21 years of
25    age or older who has at least one year of driving
26    experience.

 

 

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1    (b) An instruction permit issued under this Section when
2issued to a person under the age of 18 years shall, as a matter
3of law, be invalid for the operation of any motor vehicle
4between 10:00 p.m. and 5:00 a.m. during the following times:
5        (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
6        (2) Between 11:00 p.m. Saturday and 6:00 a.m. on
7    Sunday; and
8        (3) Between 10:00 p.m. on Sunday to Thursday,
9    inclusive, and 6:00 a.m. on the following day.
10    The instruction permit of a person under the age of 18
11shall not be invalid as described in paragraph (b) of this
12Section if the instruction permit holder under the age of 18
13was:
14        (1) accompanied by the minor's parent or guardian or
15    other person in custody or control of the minor;
16        (2) on an errand at the direction of the minor's parent
17    or guardian, without any detour or stop;
18        (3) in a motor vehicle involved in interstate travel;
19        (4) going to or returning home from an employment
20    activity, without any detour or stop;
21        (5) involved in an emergency;
22        (6) going to or returning home from, without any detour
23    or stop, an official school, religious, or other
24    recreational activity supervised by adults and sponsored
25    by a government or governmental agency, a civic
26    organization, or another similar entity that takes

 

 

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1    responsibility for the licensee, without any detour or
2    stop;
3        (7) exercising First Amendment rights protected by the
4    United States Constitution, such as the free exercise of
5    religion, freedom of speech, and the right of assembly; or
6        (8) married or had been married or is an emancipated
7    minor under the Emancipation of Minors Act.
8    (b-1) No instruction permit shall be issued to any
9applicant who is under the age of 18 years and who has been
10certified to be a chronic or habitual truant, as defined in
11Section 26-2a of the School Code.
12    An applicant under the age of 18 years who provides proof
13that he or she has resumed regular school attendance or that
14his or her application was denied in error shall be eligible to
15receive an instruction permit if other requirements are met.
16The Secretary shall adopt rules for implementing this
17subsection (b-1).
18    (c) Any person under the age of 16 years who possesses an
19instruction permit and whose driving privileges have been
20suspended or revoked under the provisions of this Code shall
21not be granted a Family Financial Responsibility Driving Permit
22or a Restricted Driving Permit.
23(Source: P.A. 95-310, eff. 1-1-08; 96-1237, eff. 1-1-11.)
 
24    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
25    Sec. 6-110. Licenses issued to drivers.

 

 

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1    (a) The Secretary of State shall issue to every qualifying
2applicant a driver's license as applied for, which license
3shall bear a distinguishing number assigned to the licensee,
4the legal name, signature, zip code, date of birth, residence
5address, and a brief description of the licensee.
6    Licenses issued shall also indicate the classification and
7the restrictions under Section 6-104 of this Code.
8    In lieu of the social security number, the Secretary may in
9his discretion substitute a federal tax number or other
10distinctive number.
11    A driver's license issued may, in the discretion of the
12Secretary, include a suitable photograph of a type prescribed
13by the Secretary.
14    (a-1) If the licensee is less than 18 years of age, unless
15one of the exceptions in subsection (a-2) apply, the license
16shall, as a matter of law, be invalid for the operation of any
17motor vehicle between 10:00 p.m. and 5:00 a.m. during the
18following times:
19        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
20        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
21    Sunday; and
22        (C) Between 10:00 p.m. on Sunday to Thursday,
23    inclusive, and 6:00 a.m. on the following day.
24    (a-2) The driver's license of a person under the age of 18
25shall not be invalid as described in subsection (a-1) of this
26Section if the licensee under the age of 18 was:

 

 

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1        (1) accompanied by the licensee's parent or guardian or
2    other person in custody or control of the minor;
3        (2) on an errand at the direction of the minor's parent
4    or guardian, without any detour or stop;
5        (3) in a motor vehicle involved in interstate travel;
6        (4) going to or returning home from an employment
7    activity, without any detour or stop;
8        (5) involved in an emergency;
9        (6) going to or returning home from, without any detour
10    or stop, an official school, religious, or other
11    recreational activity supervised by adults and sponsored
12    by a government or governmental agency, a civic
13    organization, or another similar entity that takes
14    responsibility for the licensee, without any detour or
15    stop;
16        (7) exercising First Amendment rights protected by the
17    United States Constitution, such as the free exercise of
18    religion, freedom of speech, and the right of assembly; or
19        (8) married or had been married or is an emancipated
20    minor under the Emancipation of Minors Act.
21    (a-2.5) The driver's license of a person who is 17 years of
22age and has been licensed for at least 12 months is not invalid
23as described in subsection (a-1) of this Section while the
24licensee is participating as an assigned driver in a Safe Rides
25program that meets the following criteria:
26        (1) the program is sponsored by the Boy Scouts of

 

 

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1    America or another national public service organization;
2    and
3        (2) the sponsoring organization carries liability
4    insurance covering the program.
5    (a-3) If a graduated driver's license holder over the age
6of 18 committed an offense against traffic regulations
7governing the movement of vehicles or any violation of Section
86-107 or Section 12-603.1 of this Code in the 6 months prior to
9the graduated driver's license holder's 18th birthday, and was
10subsequently convicted of the offense, the provisions of
11subsection (a-1) shall continue to apply until such time as a
12period of 6 consecutive months has elapsed without an
13additional violation and subsequent conviction of an offense
14against traffic regulations governing the movement of vehicles
15or Section 6-107 or Section 12-603.1 of this Code.
16    (a-4) If an applicant for a driver's license or instruction
17permit has a current identification card issued by the
18Secretary of State, the Secretary may require the applicant to
19utilize the same residence address and name on the
20identification card, driver's license, and instruction permit
21records maintained by the Secretary. The Secretary may
22promulgate rules to implement this provision.
23    (b) Until the Secretary of State establishes a First Person
24Consent organ and tissue donor registry under Section 6-117 of
25this Code, the Secretary of State shall provide a format on the
26reverse of each driver's license issued which the licensee may

 

 

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1use to execute a document of gift conforming to the provisions
2of the Illinois Anatomical Gift Act. The format shall allow the
3licensee to indicate the gift intended, whether specific
4organs, any organ, or the entire body, and shall accommodate
5the signatures of the donor and 2 witnesses. The Secretary
6shall also inform each applicant or licensee of this format,
7describe the procedure for its execution, and may offer the
8necessary witnesses; provided that in so doing, the Secretary
9shall advise the applicant or licensee that he or she is under
10no compulsion to execute a document of gift. A brochure
11explaining this method of executing an anatomical gift document
12shall be given to each applicant or licensee. The brochure
13shall advise the applicant or licensee that he or she is under
14no compulsion to execute a document of gift, and that he or she
15may wish to consult with family, friends or clergy before doing
16so. The Secretary of State may undertake additional efforts,
17including education and awareness activities, to promote organ
18and tissue donation.
19    (c) The Secretary of State shall designate on each driver's
20license issued a space where the licensee may place a sticker
21or decal of the uniform size as the Secretary may specify,
22which sticker or decal may indicate in appropriate language
23that the owner of the license carries an Emergency Medical
24Information Card.
25    The sticker may be provided by any person, hospital,
26school, medical group, or association interested in assisting

 

 

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1in implementing the Emergency Medical Information Card, but
2shall meet the specifications as the Secretary may by rule or
3regulation require.
4    (d) The Secretary of State shall designate on each driver's
5license issued a space where the licensee may indicate his
6blood type and RH factor.
7    (e) The Secretary of State shall provide that each original
8or renewal driver's license issued to a licensee under 21 years
9of age shall be of a distinct nature from those driver's
10licenses issued to individuals 21 years of age and older. The
11color designated for driver's licenses for licensees under 21
12years of age shall be at the discretion of the Secretary of
13State.
14    (e-1) The Secretary shall provide that each driver's
15license issued to a person under the age of 21 displays the
16date upon which the person becomes 18 years of age and the date
17upon which the person becomes 21 years of age.
18    (f) The Secretary of State shall inform all Illinois
19licensed commercial motor vehicle operators of the
20requirements of the Uniform Commercial Driver License Act,
21Article V of this Chapter, and shall make provisions to insure
22that all drivers, seeking to obtain a commercial driver's
23license, be afforded an opportunity prior to April 1, 1992, to
24obtain the license. The Secretary is authorized to extend
25driver's license expiration dates, and assign specific times,
26dates and locations where these commercial driver's tests shall

 

 

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1be conducted. Any applicant, regardless of the current
2expiration date of the applicant's driver's license, may be
3subject to any assignment by the Secretary. Failure to comply
4with the Secretary's assignment may result in the applicant's
5forfeiture of an opportunity to receive a commercial driver's
6license prior to April 1, 1992.
7    (g) The Secretary of State shall designate on a driver's
8license issued, a space where the licensee may indicate that he
9or she has drafted a living will in accordance with the
10Illinois Living Will Act or a durable power of attorney for
11health care in accordance with the Illinois Power of Attorney
12Act.
13    (g-1) The Secretary of State, in his or her discretion, may
14designate on each driver's license issued a space where the
15licensee may place a sticker or decal, issued by the Secretary
16of State, of uniform size as the Secretary may specify, that
17shall indicate in appropriate language that the owner of the
18license has renewed his or her driver's license.
19    (h) A person who acts in good faith in accordance with the
20terms of this Section is not liable for damages in any civil
21action or subject to prosecution in any criminal proceeding for
22his or her act.
23(Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08;
2496-607, eff. 8-24-09; 96-1231, eff. 7-23-10.)".