97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0979

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-107  from Ch. 95 1/2, par. 6-107

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the Graduated Licensing Program.


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A BILL FOR

 

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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 changing
5Section 6-107 as follows:
 
6    (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)
7    Sec. 6-107. Graduated license.
8    (a) The The purpose of the Graduated Licensing Program is
9to develop safe and mature driving habits in young,
10inexperienced drivers and reduce or prevent motor vehicle
11accidents, fatalities, and injuries by:
12        (1) providing for an increase in the time of practice
13    period before granting permission to obtain a driver's
14    license;
15        (2) strengthening driver licensing and testing
16    standards for persons under the age of 21 years;
17        (3) sanctioning driving privileges of drivers under
18    age 21 who have committed serious traffic violations or
19    other specified offenses; and
20        (4) setting stricter standards to promote the public's
21    health and safety.
22    (b) The application of any person under the age of 18
23years, and not legally emancipated by marriage, for a drivers

 

 

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1license or permit to operate a motor vehicle issued under the
2laws of this State, shall be accompanied by the written consent
3of either parent of the applicant; otherwise by the guardian
4having custody of the applicant, or in the event there is no
5parent or guardian, then by another responsible adult. The
6written consent must accompany any application for a driver's
7license under this subsection (b), regardless of whether or not
8the required written consent also accompanied the person's
9previous application for an instruction permit.
10    No graduated driver's license shall be issued to any
11applicant under 18 years of age, unless the applicant is at
12least 16 years of age and has:
13        (1) Held a valid instruction permit for a minimum of 9
14    months.
15        (2) Passed an approved driver education course and
16    submits proof of having passed the course as may be
17    required.
18        (3) Certification by the parent, legal guardian, or
19    responsible adult that the applicant has had a minimum of
20    50 hours of behind-the-wheel practice time, at least 10
21    hours of which have been at night, and is sufficiently
22    prepared and able to safely operate a motor vehicle.
23    (b-1) No graduated driver's license shall be issued to any
24applicant who is under 18 years of age and not legally
25emancipated by marriage, unless the applicant has graduated
26from a secondary school of this State or any other state, is

 

 

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1enrolled in a course leading to a general educational
2development (GED) certificate, has obtained a GED certificate,
3is enrolled in an elementary or secondary school or college or
4university of this State or any other state and is not a
5chronic or habitual truant as provided in Section 26-2a of the
6School Code, or is receiving home instruction and submits proof
7of meeting any of those requirements at the time of
8application.
9    An applicant under 18 years of age who provides proof
10acceptable to the Secretary that the applicant has resumed
11regular school attendance or home instruction or that his or
12her application was denied in error shall be eligible to
13receive a graduated license if other requirements are met. The
14Secretary shall adopt rules for implementing this subsection
15(b-1).
16    (c) No graduated driver's license or permit shall be issued
17to any applicant under 18 years of age who has committed the
18offense of operating a motor vehicle without a valid license or
19permit in violation of Section 6-101 of this Code or a similar
20out of state offense and no graduated driver's license or
21permit shall be issued to any applicant under 18 years of age
22who has committed an offense that would otherwise result in a
23mandatory revocation of a license or permit as provided in
24Section 6-205 of this Code or who has been either convicted of
25or adjudicated a delinquent based upon a violation of the
26Cannabis Control Act, the Illinois Controlled Substances Act,

 

 

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1the Use of Intoxicating Compounds Act, or the Methamphetamine
2Control and Community Protection Act while that individual was
3in actual physical control of a motor vehicle. For purposes of
4this Section, any person placed on probation under Section 10
5of the Cannabis Control Act, Section 410 of the Illinois
6Controlled Substances Act, or Section 70 of the Methamphetamine
7Control and Community Protection Act shall not be considered
8convicted. Any person found guilty of this offense, while in
9actual physical control of a motor vehicle, shall have an entry
10made in the court record by the judge that this offense did
11occur while the person was in actual physical control of a
12motor vehicle and order the clerk of the court to report the
13violation to the Secretary of State as such.
14    (d) No graduated driver's license shall be issued for 9
15months to any applicant under the age of 18 years who has
16committed and subsequently been convicted of an offense against
17traffic regulations governing the movement of vehicles or any
18violation of this Section or Section 12-603.1 of this Code.
19    (e) No graduated driver's license holder under the age of
2018 years shall operate any motor vehicle, except a motor driven
21cycle or motorcycle, with more than one passenger in the front
22seat of the motor vehicle and no more passengers in the back
23seats than the number of available seat safety belts as set
24forth in Section 12-603 of this Code. If a graduated driver's
25license holder over the age of 18 committed an offense against
26traffic regulations governing the movement of vehicles or any

 

 

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1violation of this Section or Section 12-603.1 of this Code in
2the 6 months prior to the graduated driver's license holder's
318th birthday, and was subsequently convicted of the violation,
4the provisions of this paragraph shall continue to apply until
5such time as a period of 6 consecutive months has elapsed
6without an additional violation and subsequent conviction of an
7offense against traffic regulations governing the movement of
8vehicles or any violation of this Section or Section 12-603.1
9of this Code.
10    (f) No graduated driver's license holder under the age of
1118 shall operate a motor vehicle unless each driver and
12passenger under the age of 19 is wearing a properly adjusted
13and fastened seat safety belt and each child under the age of 8
14is protected as required under the Child Passenger Protection
15Act. If a graduated driver's license holder over the age of 18
16committed an offense against traffic regulations governing the
17movement of vehicles or any violation of this Section or
18Section 12-603.1 of this Code in the 6 months prior to the
19graduated driver's license holder's 18th birthday, and was
20subsequently convicted of the violation, the provisions of this
21paragraph shall continue to apply until such time as a period
22of 6 consecutive months has elapsed without an additional
23violation and subsequent conviction of an offense against
24traffic regulations governing the movement of vehicles or any
25violation of this Section or Section 12-603.1 of this Code.
26    (g) If a graduated driver's license holder is under the age

 

 

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1of 18 when he or she receives the license, for the first 12
2months he or she holds the license or until he or she reaches
3the age of 18, whichever occurs sooner, the graduated license
4holder may not operate a motor vehicle with more than one
5passenger in the vehicle who is under the age of 20, unless any
6additional passenger or passengers are siblings,
7step-siblings, children, or stepchildren of the driver. If a
8graduated driver's license holder committed an offense against
9traffic regulations governing the movement of vehicles or any
10violation of this Section or Section 12-603.1 of this Code
11during the first 12 months the license is held and subsequently
12is convicted of the violation, the provisions of this paragraph
13shall remain in effect until such time as a period of 6
14consecutive months has elapsed without an additional violation
15and subsequent conviction of an offense against traffic
16regulations governing the movement of vehicles or any violation
17of this Section or Section 12-603.1 of this Code.
18    (h) It shall be an offense for a person that is age 15, but
19under age 20, to be a passenger in a vehicle operated by a
20driver holding a graduated driver's license during the first 12
21months the driver holds the license or until the driver reaches
22the age of 18, whichever occurs sooner, if another passenger
23under the age of 20 is present, excluding a sibling,
24step-sibling, child, or step-child of the driver.
25(Source: P.A. 95-310, eff. 1-1-08; 95-331, eff. 8-21-07;
2696-607, eff. 8-24-09.)