Public Act 094-0916
 		





HB1463 Enrolled
LRB094 08453 DRH 38658 b






    AN ACT concerning driver's licenses.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The School Code is amended  by changing Section 
26-3a as follows:
 



    (105 ILCS 5/26-3a)  (from Ch. 122, par. 26-3a)


    Sec. 26-3a. Report of pupils no longer enrolled in school. 

    The clerk or secretary of the school board of all school 
districts shall
furnish quarterly on the first school day of 
October, January, April and
July to the regional superintendent 
and to the Secretary of State a list of pupils, excluding

transferees, who have been expelled or have withdrawn or who 
have left
school and have been removed from the regular 
attendance rolls during the
period of time school was in 
regular session from the time of the previous
quarterly report. 
Such list shall include the names and addresses of pupils

formerly in attendance, the names and addresses of persons 
having custody
or control of such pupils, the reason, if known, 
such pupils are no longer
in attendance and the date of removal 
from the attendance rolls. The list shall also include the 
names of: pupils  whose withdrawal is due to extraordinary 
circumstances, including but not limited to economic or medical 
necessity or family hardship, as determined by the criteria 
established by the school district; pupils who have re-enrolled 
in school since their names were removed from the attendance 
rolls; any pupil certified to be a chronic or habitual truant, 
as defined in Section 26-2a; and pupils previously certified as 
chronic or habitual truants who have resumed regular school 
attendance. The
regional superintendent shall inform the 
county or district truant officer
who shall investigate to see 
that such pupils are in compliance with the
requirements of 
this Article.

    Each local school district shall establish, in writing, a 
set of criteria for use by the local superintendent of schools 
in determining whether a pupil's failure to attend school is 
the result of extraordinary circumstances, including but not 
limited to economic or medical necessity or family hardship.
    If a pupil re-enrolls in school after his or her name was 
removed from the attendance rolls or resumes regular attendance 
after being certified a chronic or habitual truant, the pupil 
must obtain and forward to the Secretary of State, on a form 
designated by the Secretary of State, verification of his or 
her re-enrollment. The verification may be in the form of a 
signature or seal or in any other form determined by the school 
board.

    In addition, the regional superintendent of schools of each 
educational
service region shall report to the State Board of 
Education, in January of
1992 and in January of each year 
thereafter, the number and ages of
dropouts, as defined in 
Section  26-2a, in his educational service region
during the 
school year that ended in the immediately preceding calendar

year, together with any efforts, activities and programs 
undertaken,
established, implemented or coordinated by the 
regional superintendent of
schools that have been effective in 
inducing dropouts to re-enroll in school. The State Board of 
Education shall, if possible, make available to any person, 
upon request, a comparison of drop out rates before and after 
the effective date of this amendatory Act of the 94th General 
Assembly.


(Source: P.A. 87-303.)



 
    Section 10. The Illinois Vehicle Code is amended  by 
changing Sections 6-107, 6-107.1, 6-108, and 6-201 as follows:
 



    (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)


    Sec. 6-107. Graduated license. 

    (a) The purpose of the Graduated
Licensing Program is to 
develop safe and mature driving habits in young,
inexperienced 
drivers and reduce or prevent motor vehicle accidents,

fatalities,
and injuries by:


        (1) providing for an increase in the time of practice 
    period before
granting
permission to obtain a driver's 
    license;


        (2) strengthening driver licensing and testing 
    standards for persons under
the age of 21 years;


        (3) sanctioning driving privileges of drivers under 
    age 21 who have
committed serious traffic violations or 
    other specified offenses; and


        (4) setting stricter standards to promote the public's 
    health and
safety.

    (b) The application of any person under
the age of 18 
years, and not legally emancipated by marriage, for a drivers

license or permit to operate a motor vehicle issued under the 
laws of this
State, shall be accompanied by the written consent 
of either parent of the
applicant; otherwise by the guardian 
having custody of the applicant, or
in the event there is no 
parent or guardian, then by another responsible adult.

    No graduated driver's license shall be issued to any 
applicant under 18
years
of age, unless the applicant is at 
least 16 years of age and has:


        (1) Held a valid instruction permit for a minimum of 3 
    months.


        (2) Passed an approved driver education course
and 
    submits proof of having passed the course as may
be 
    required.


        (3) certification by the parent, legal guardian, or 
    responsible adult that
the applicant has had a minimum of 
    25 hours of behind-the-wheel practice time
and is 
    sufficiently prepared and able to safely operate a motor 
    vehicle.

    (b-1) No graduated
driver's license shall be issued to any 
applicant who is under 18 years of age
and not legally 
emancipated by marriage, unless the applicant has graduated

from a secondary school of this State or any other state, is 
enrolled in a
course leading to a general educational 
development (GED) certificate, has
obtained a GED certificate, 
is enrolled in an elementary or secondary school or college or 
university
of this State or any other state and is not a 
chronic or habitual truant as provided in Section 26-2a of the 
School Code, or is receiving home instruction and submits proof 
of meeting any of those
requirements at the time of 
application.

    An applicant under 18 years of age who provides proof 
acceptable to the Secretary that the applicant has resumed 
regular school attendance or home instruction or that his or 
her application was denied in error shall be eligible to 
receive a graduated license if other requirements are met. The 
Secretary shall adopt rules for implementing this subsection 
(b-1).

    (c) No graduated driver's license or permit shall be issued 
to
any applicant under 18
years of age who has committed the 
offense of operating a motor vehicle
without a valid license or 
permit in violation of Section 6-101 of this Code
and no 
graduated driver's
license or permit shall be issued to any 
applicant under 18 years of age
who has committed an offense 
that would otherwise result in a
mandatory revocation of a 
license or permit as provided in Section 6-205 of
this Code or 
who has been either convicted of or adjudicated a delinquent 
based
upon a violation of the Cannabis Control Act or the 
Illinois Controlled
Substances Act, while that individual was 
in actual physical control of a motor
vehicle. For purposes of 
this Section, any person placed on probation under
Section 10 
of the Cannabis Control Act or Section 410 of the Illinois

Controlled Substances Act shall not be considered convicted. 
Any person found
guilty of this offense, while in actual 
physical control of a motor vehicle,
shall have an entry made 
in the court record by the judge that this offense did
occur 
while the person was in actual physical control of a motor 
vehicle and
order the clerk of the court to report the 
violation to the Secretary of State
as such.

    (d) No graduated driver's license shall be issued for 6 
months to any
applicant
under
the
age of 18 years who has been 
convicted of any offense defined as a serious
traffic violation 
in this Code or
a similar provision of a local ordinance.

    (e) No graduated driver's license holder under the age
of 
18 years shall operate any
motor vehicle, except a motor driven 
cycle or motorcycle, with
 more than one passenger in the front 
seat of the motor vehicle
and no more passengers in the back 
seats than the number of available seat
safety belts as set 
forth in Section 12-603 of this Code.

    (f) No graduated driver's license holder under the age of 
18 shall operate a
motor vehicle unless each driver and front 
or back seat passenger under the
age of 18 is wearing a 
properly adjusted and fastened seat safety belt.

    (g) If a graduated driver's license holder is under the age 
of 18 when he
or she receives the license, for the first 6 
months he or she holds the license
or
until he or she reaches 
the age of 18, whichever occurs sooner, the graduated
license

holder may not operate a motor vehicle with more than one 
passenger in the
vehicle
who is under the age of 20, unless any 
additional passenger or passengers are
siblings, 
step-siblings, children, or stepchildren of the driver.

(Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)

 



    (625 ILCS 5/6-107.1)



    Sec. 6-107.1. Instruction permit for a minor. 

    (a) The Secretary of State, upon
receiving proper 
application and payment of the required fee, may issue an

instruction permit to any person under the age of 18 years who 
is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, 
or 8 of Section
6-103, after the applicant has successfully 
passed such examination as the
Secretary of State in his 
discretion may prescribe.


        (1) An instruction permit issued under this Section

    shall be valid for a period of 24 months after the date of 
    its
issuance and shall be restricted, by the Secretary of 
    State, to the operation
of a motor vehicle by the minor 
    only when accompanied by the adult instructor
of a driver 
    education program during enrollment in the program or when

    practicing with a parent,
legal guardian, family member, or 
    a person in loco parentis who is 21
years of age or more, 
    has a license classification to operate such vehicle
and at 
    least one year of driving experience, and who is occupying 
    a seat beside
the driver.


        (2) A 24 month instruction permit for a motor driven 
    cycle may be issued
to
a person 16 or 17 years of age and 
    entitles the holder to drive upon the
highways during 
    daylight under direct supervision of a licensed motor 
    driven
cycle operator or motorcycle operator 21 years of 
    age or older who has a
license classification to operate 
    such motor driven cycle or motorcycle and at
least one year 
    of driving experience.


        (3) A 24 month instruction permit for a motorcycle 
    other than a motor
driven
cycle may be issued to a person 
    16 or 17 years of age in accordance with the
provisions of 
    paragraph 2 of Section 6-103 and entitles a holder to drive 
    upon
the highways during daylight under the direct 
    supervision of a licensed
motorcycle operator 21 years of 
    age or older who has at least one year of
driving

    experience.

    (b) An instruction permit issued under this Section when 
issued to a person
under the
age of 17 years shall, as a matter 
of law, be invalid for the operation of any
motor
vehicle 
during the same time the child is prohibited from being on any 
street
or highway under the provisions of the Child Curfew Act.
    (b-1) No instruction permit shall be issued to any 
applicant who is under the age of 18 years and who has been 
certified to be a chronic or habitual truant, as defined in 
Section 26-2a of the School Code.
    An applicant under the age of 18 years who provides proof 
that he or she has resumed regular school attendance or that 
his or her application was denied in error shall be eligible to 
receive an instruction permit if other requirements are met. 
The Secretary shall adopt rules for implementing this 
subsection (b-1).


    (c) Any person under the age of 16 years who possesses an 
instruction permit
and
whose
driving privileges have been 
suspended or revoked under the provisions of this
Code shall 
not be granted a Family Financial Responsibility Driving Permit 
or a
Restricted Driving Permit.

(Source: P.A. 90-369, eff. 1-1-98.)

 



    (625 ILCS 5/6-108)  (from Ch. 95 1/2, par. 6-108)


    Sec. 6-108. Cancellation of license issued to minor. 

    (a) The Secretary of State shall cancel the license or 
permit of any minor
under the age of 18 years in any of the 
following events:


        1. Upon the verified written request of the person who 
    consented to the
application of the minor that the license 
    or
permit be cancelled;


        2. Upon receipt of satisfactory evidence of the death 
    of the person who
consented to the application of the 
    minor;


        3. Upon receipt of satisfactory evidence that the 
    person who consented
to the application of a minor no 
    longer has legal custody of the
minor;
.

        4. Upon
receipt of information, submitted on a form 
    prescribed by the Secretary of State
under Section 26-3a of 
    the School Code and provided voluntarily by
nonpublic 
    schools, that a license-holding minor no longer meets the 
    school
attendance requirements defined in Section 6-107 of 
    this Code.

        A minor who provides proof acceptable to the Secretary 
    that the minor has resumed regular school attendance or 
    home instruction or that his or her license or permit was 
    cancelled in error shall have his or her license 
    reinstated. The Secretary shall adopt rules for 
    implementing this subdivision (a) 4.

    After cancellation, the Secretary of State shall not issue 
a new
license or permit until the applicant meets the 
provisions of Section
6-107 of this Code.

    (b) The Secretary of State shall cancel the license or 
permit of any
person under the age of 18 years if he or she is 
convicted of violating
the Cannabis Control Act or the Illinois

Controlled Substances Act while that person was in actual 
physical
control of a motor vehicle.
For purposes of this 
Section, any person placed on probation under Section
10 of the 
Cannabis Control Act or Section 410 of the Illinois Controlled

Substances Act shall not be considered convicted.
Any person 
found guilty of this offense,
while in actual physical control 
of a motor vehicle, shall have an entry
made in the court 
record by the judge that this offense did occur
while the 
person was in actual physical control of a motor vehicle and

order the clerk of the court to report the violation to the 
Secretary of
State as such.  After the cancellation, the 
Secretary of State
shall not issue a new license or permit for 
a period of one year after the
date of cancellation or until 
the minor attains the age of 18 years,
whichever is longer.
 
However, upon application, the Secretary of State
may, if 
satisfied that the person applying will not endanger the public

safety, or welfare, issue a restricted driving permit granting 
the
privilege of driving a motor vehicle between the person's 
residence and
person's place of employment or within the scope 
of the person's employment related
duties, or to allow 
transportation for
the person or a household member of the 
person's family for the receipt of
necessary medical care or, 
if the professional evaluation indicates,
provide 
transportation for the petitioner for alcohol remedial or

rehabilitative activity, or for the person to attend classes, 
as a student,
in an accredited educational institution; if the 
person is able to
demonstrate that no alternative means of 
transportation is reasonably
available; provided that the 
Secretary's discretion shall be limited to
cases where undue 
hardship would result from a failure to issue such
restricted 
driving permit.  In each case the Secretary of State may issue
a 
restricted driving permit for a period as he
deems appropriate,

except that the permit shall expire within one year from the 
date of
issuance.  A restricted driving permit issued hereunder 
shall be subject to
cancellation, revocation, and suspension by 
the Secretary of State in like
manner and for like cause as a 
driver's license issued hereunder may be
cancelled, revoked, or 
suspended; except that a conviction upon one or more
offenses 
against laws or ordinances regulating the movement of traffic

shall be deemed sufficient cause for the revocation, 
suspension, or
cancellation of a restricted driving permit.  The 
Secretary of State may,
as a condition to the issuance of a 
restricted driving permit, require the
applicant to 
participate in a driver remedial or rehabilitative
program.

Thereafter, upon reapplication for a license as
provided in 
Section 6-106 of this Code or a permit as provided in Section

6-105 of this Code and upon payment of the appropriate 
application fee, the
Secretary of State shall issue the 
applicant a license as provided in Section
6-106 of this Code 
or shall issue the applicant a permit as provided in Section 
6-105.

(Source: P.A. 86-1450; 87-1114.)

 



    (625 ILCS 5/6-201)  (from Ch. 95 1/2, par. 6-201)


    Sec. 6-201. Authority to cancel licenses and permits. 

    (a) The Secretary of State is authorized to cancel any 
license or permit
upon determining that the holder thereof:


        1. was not entitled to the issuance thereof hereunder; 
    or


        2. failed to give the required or correct information 
    in his
application; or


        3. failed to pay any fees, civil penalties owed to the 
    Illinois Commerce
Commission, or taxes due under this Act 
    and upon reasonable notice and demand;
or


        4. committed any fraud in the making of such 
    application; or


        5. is ineligible therefor under the provisions of 
    Section 6-103 of this
Act, as amended; or


        6. has refused or neglected to submit an alcohol, drug, 
    and
intoxicating compound evaluation or to
submit to 
    examination or re-examination as required under this Act; 
    or


        7. has been  convicted of violating the Cannabis Control 
    Act,
the
Illinois Controlled Substances Act, or the Use of 
    Intoxicating Compounds
Act while that individual was in 
    actual physical
control of a motor vehicle. For purposes of 
    this Section, any person placed on
probation under Section 
    10 of the Cannabis Control Act or Section 410 of the

    Illinois Controlled Substances Act shall not be considered 
    convicted. Any
person found guilty of this offense, while 
    in actual physical control of a
motor vehicle, shall have 
    an entry made in the court record by the
judge that this 
    offense did occur while the person was in actual
physical 
    control of a motor vehicle and order the clerk of the court 
    to report
the violation to the Secretary of State as such. 
    After the cancellation, the
Secretary of State shall not 
    issue a new license or permit for a period of one
year 
    after the date of cancellation. However, upon application, 
    the Secretary
of State may, if satisfied that the person 
    applying will not endanger the
public safety, or welfare, 
    issue a restricted driving permit granting the
privilege of 
    driving a motor vehicle between the person's residence and

    person's place of employment or within the scope of the 
    person's employment
related duties, or to allow 
    transportation for
the person or a household member of the 
    person's family for the receipt of
necessary medical care 
    or, if the professional evaluation indicates,
provide 
    transportation for the petitioner for alcohol remedial or

    rehabilitative activity, or for the person to attend 
    classes, as a student,
in an accredited educational 
    institution; if the person is able to
demonstrate that no 
    alternative means of transportation is reasonably

    available; provided that the Secretary's discretion shall 
    be limited to
cases where undue hardship would result from 
    a failure to issue such
restricted driving permit.  In each 
    case the Secretary of State may issue
such restricted 
    driving permit for such period as he deems appropriate,

    except that such permit shall expire within one year from 
    the date of
issuance.  A restricted driving permit issued 
    hereunder shall be subject to
cancellation, revocation and 
    suspension by the Secretary of State in like
manner and for 
    like cause as a driver's license issued hereunder may be

    cancelled, revoked or suspended; except that a conviction 
    upon one or more
offenses against laws or ordinances 
    regulating the movement of traffic
shall be deemed 
    sufficient cause for the revocation, suspension or

    cancellation of a restricted driving permit.  The Secretary 
    of State may,
as a condition to the issuance of a 
    restricted driving permit, require the
applicant to 
    participate in a driver remedial or rehabilitative

    program; or


        8. failed to submit a report as required by Section 
    6-116.5 of this
Code; or
.

        9. is ineligible for a license or permit under Section 
    6-107, 6-107.1, or
6-108 of this Code.

    (b) Upon such cancellation the licensee or permittee must 
surrender the
license or permit so cancelled to the Secretary 
of State.  

    (c) Except as provided in Sections 6-206.1 and 7-702.1,
the 
Secretary of State
shall have exclusive authority to grant, 
issue, deny, cancel, suspend and
revoke driving privileges, 
drivers' licenses and restricted driving permits.

(Source: P.A. 89-92, eff. 7-1-96;
89-584, eff. 7-31-96; 90-779, 
eff. 1-1-99.)



 
    Section 99. Effective date. This Act takes effect July 1, 
2007.