Full Text of SB0229 94th General Assembly
SB0229enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-107, 12-603, and 12-603.1 as follows:
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| (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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| Sec. 6-107. Graduated license.
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| (a) The purpose of the Graduated
Licensing Program is to | 9 |
| develop safe and mature driving habits in young,
inexperienced | 10 |
| drivers and reduce or prevent motor vehicle accidents,
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| fatalities,
and injuries by:
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| (1) providing for an increase in the time of practice | 13 |
| period before
granting
permission to obtain a driver's | 14 |
| license;
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| (2) strengthening driver licensing and testing | 16 |
| standards for persons under
the age of 21 years;
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| (3) sanctioning driving privileges of drivers under | 18 |
| age 21 who have
committed serious traffic violations or | 19 |
| other specified offenses; and
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| (4) setting stricter standards to promote the public's | 21 |
| health and
safety.
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| (b) The application of any person under
the age of 18 | 23 |
| years, and not legally emancipated by marriage, for a drivers
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| license or permit to operate a motor vehicle issued under the | 25 |
| laws of this
State, shall be accompanied by the written consent | 26 |
| of either parent of the
applicant; otherwise by the guardian | 27 |
| having custody of the applicant, or
in the event there is no | 28 |
| parent or guardian, then by another responsible adult.
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| No graduated driver's license shall be issued to any | 30 |
| applicant under 18
years
of age, unless the applicant is at | 31 |
| least 16 years of age and has:
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| (1) Held a valid instruction permit for a minimum of 3 |
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| months.
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| (2) Passed an approved driver education course
and | 3 |
| submits proof of having passed the course as may
be | 4 |
| required.
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| (3) certification by the parent, legal guardian, or | 6 |
| responsible adult that
the applicant has had a minimum of | 7 |
| 25 hours of behind-the-wheel practice time
and is | 8 |
| sufficiently prepared and able to safely operate a motor | 9 |
| vehicle.
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| (c) No graduated driver's license or permit shall be issued | 11 |
| to
any applicant under 18
years of age who has committed the | 12 |
| offense of operating a motor vehicle
without a valid license or | 13 |
| permit in violation of Section 6-101 of this Code
and no | 14 |
| graduated driver's
license or permit shall be issued to any | 15 |
| applicant under 18 years of age
who has committed an offense | 16 |
| that would otherwise result in a
mandatory revocation of a | 17 |
| license or permit as provided in Section 6-205 of
this Code or | 18 |
| who has been either convicted of or adjudicated a delinquent | 19 |
| based
upon a violation of the Cannabis Control Act or the | 20 |
| Illinois Controlled
Substances Act, while that individual was | 21 |
| in actual physical control of a motor
vehicle. For purposes of | 22 |
| this Section, any person placed on probation under
Section 10 | 23 |
| of the Cannabis Control Act or Section 410 of the Illinois
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| Controlled Substances Act shall not be considered convicted. | 25 |
| Any person found
guilty of this offense, while in actual | 26 |
| physical control of a motor vehicle,
shall have an entry made | 27 |
| in the court record by the judge that this offense did
occur | 28 |
| while the person was in actual physical control of a motor | 29 |
| vehicle and
order the clerk of the court to report the | 30 |
| violation to the Secretary of State
as such.
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| (d) No graduated driver's license shall be issued for 6 | 32 |
| months to any
applicant
under
the
age of 18 years who has been | 33 |
| convicted of any offense defined as a serious
traffic violation | 34 |
| in this Code or
a similar provision of a local ordinance.
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| (e) No graduated driver's license holder under the age
of | 36 |
| 18 years shall operate any
motor vehicle, except a motor driven |
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| cycle or motorcycle, with
more than one passenger in the front | 2 |
| seat of the motor vehicle
and no more passengers in the back | 3 |
| seats than the number of available seat
safety belts as set | 4 |
| forth in Section 12-603 of this Code.
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| (f) No graduated driver's license holder under the age of | 6 |
| 18 shall operate a
motor vehicle unless each driver and front | 7 |
| or back seat passenger under the
age of 19
18 is wearing a | 8 |
| properly adjusted and fastened seat safety belt.
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| (g) If a graduated driver's license holder is under the age | 10 |
| of 18 when he
or she receives the license, for the first 6 | 11 |
| months he or she holds the license
or
until he or she reaches | 12 |
| the age of 18, whichever occurs sooner, the graduated
license
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| holder may not operate a motor vehicle with more than one | 14 |
| passenger in the
vehicle
who is under the age of 20, unless any | 15 |
| additional passenger or passengers are
siblings, | 16 |
| step-siblings, children, or stepchildren of the driver.
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| (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
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| (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
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| Sec. 12-603.1. Driver and passenger required to use safety | 20 |
| belts,
exceptions and penalty.
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| (a) Each driver and front seat passenger of a motor vehicle | 22 |
| operated on a
street or highway in this State shall wear a | 23 |
| properly adjusted and
fastened seat safety belt; except that, a | 24 |
| child less than 6 years of age shall
be protected as required | 25 |
| pursuant to the Child Passenger Protection Act.
Each driver | 26 |
| under the age of 18 years and each of the driver's
passengers | 27 |
| under the age of 19
18 years of a motor vehicle operated
on a | 28 |
| street or highway in this State shall wear a properly
adjusted | 29 |
| and fastened seat safety belt.
Each driver of a motor vehicle | 30 |
| transporting a child 6 years of age or
more, but less than 16 | 31 |
| years of age, in the front seat of the motor vehicle
shall | 32 |
| secure the child in a properly adjusted and fastened seat | 33 |
| safety belt.
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| (b) Paragraph (a) shall not apply to any of the following:
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| 1. A driver or passenger frequently stopping and |
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| leaving the vehicle or
delivering property from the | 2 |
| vehicle, if the speed of the vehicle between
stops does not | 3 |
| exceed 15 miles per hour.
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| 2. A driver or passenger possessing a written statement | 5 |
| from a physician
that such person is unable, for medical or | 6 |
| physical reasons, to wear a seat
safety belt.
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| 3. A driver or passenger possessing an official | 8 |
| certificate or license
endorsement issued by the | 9 |
| appropriate agency in another state or country
indicating | 10 |
| that the driver is unable for medical, physical, or other | 11 |
| valid
reasons to wear a seat safety belt.
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| 4. A driver operating a motor vehicle in reverse.
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| 5. A motor vehicle with a model year prior to 1965.
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| 6. A motorcycle or motor driven cycle.
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| 7. A motorized pedalcycle.
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| 8. A motor vehicle which is not required to be equipped | 17 |
| with seat safety
belts under federal law.
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| 9. A motor vehicle operated by a rural letter carrier | 19 |
| of the United
States postal service while performing duties | 20 |
| as a rural letter carrier.
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| (c) Failure to wear a seat safety belt in violation of this | 22 |
| Section
shall not be considered evidence of negligence, shall | 23 |
| not limit the
liability of an insurer, and shall not diminish | 24 |
| any recovery for damages
arising out of the ownership, | 25 |
| maintenance, or operation of a motor vehicle.
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| (d) A violation of this Section shall be a petty offense | 27 |
| and subject to a
fine not to exceed $25.
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| (e) (Blank).
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| (f) A law enforcement officer may not search or inspect a | 30 |
| motor vehicle,
its contents, the driver, or a passenger solely | 31 |
| because of a violation of this
Section.
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| (Source: P.A. 93-99, eff. 7-3-03.)
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| Section 10. The Child Passenger Protection Act is amended | 34 |
| by changing Section 4b as follows:
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| (625 ILCS 25/4b)
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| Sec. 4b. Children 8 years of age or older but under the age | 3 |
| of 19
18 ;
seat belts. Every person under the age of 18 years, | 4 |
| when transporting a child
8 years of age or older but under the | 5 |
| age of 19
18 years, as provided in
Section 4 of this Act, shall | 6 |
| be responsible for securing that child in a
properly
adjusted | 7 |
| and fastened seat safety belt or an appropriate child restraint
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| system.
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| (Source: P.A. 93-100, eff. 1-1-04.)
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