Public Act 096-1237
 
HB5341 EnrolledLRB096 18436 AJT 33814 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 6-107.1 and by adding Section 11-507 as follows:
 
    (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 under direct supervision of accompanied by the
    adult instructor of a driver education program during
    enrollment in the program or when practicing under direct
    supervision of 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 18 years shall, as a matter
of law, be invalid for the operation of any motor vehicle
during the following times:
        (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
        (2) Between 11:00 p.m. Saturday and 6:00 a.m. on
    Sunday; and
        (3) Between 10:00 p.m. on Sunday to Thursday,
    inclusive, and 6:00 a.m. on the following day.
    The instruction permit of a person under the age of 18
shall not be invalid as described in paragraph (b) of this
Section if the instruction permit holder under the age of 18
was:
        (1) accompanied by the minor's parent or guardian or
    other person in custody or control of the minor;
        (2) on an errand at the direction of the minor's parent
    or guardian, without any detour or stop;
        (3) in a motor vehicle involved in interstate travel;
        (4) going to or returning home from an employment
    activity, without any detour or stop;
        (5) involved in an emergency;
        (6) going to or returning home from, without any detour
    or stop, an official school, religious, or other
    recreational activity supervised by adults and sponsored
    by a government or governmental agency, a civic
    organization, or another similar entity that takes
    responsibility for the licensee, without any detour or
    stop;
        (7) exercising First Amendment rights protected by the
    United States Constitution, such as the free exercise of
    religion, freedom of speech, and the right of assembly; or
        (8) married or had been married or is an emancipated
    minor under the Emancipation of Minors 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. 94-916, eff. 7-1-07; 95-310, eff. 1-1-08.)
 
    (625 ILCS 5/11-507 new)
    Sec. 11-507. Supervising a minor driver while under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof.
    (a) A person shall not accompany or provide instruction,
pursuant to subsection (a) of Section 6-107.1 of this Code, to
a driver who is a minor and driving a motor vehicle pursuant to
an instruction permit under Section 6-107.1 of this Code,
while:
        (1) the alcohol concentration in the person's blood or
    breath is 0.08 or more based on the definition of blood and
    breath units in Section 11-501.2 of this Code;
        (2) under the influence of alcohol;
        (3) under the influence of any intoxicating compound or
    combination of intoxicating compounds to a degree that
    renders the person incapable of properly supervising or
    providing instruction to the minor driver;
        (4) under the influence of any other drug or
    combination of drugs to a degree that renders the person
    incapable of properly supervising or providing instruction
    to the minor driver;
        (5) under the combined influence of alcohol, other drug
    or drugs, or intoxicating compound or compounds to a degree
    that renders the person incapable of properly supervising
    or providing instruction to the minor driver; or
        (6) there is any amount of a drug, substance, or
    compound in the person's breath, blood, or urine resulting
    from the unlawful use or consumption of cannabis listed in
    the Cannabis Control Act, a controlled substance listed in
    the Illinois Controlled Substances Act, an intoxicating
    compound listed in the Use of Intoxicating Compounds Act,
    or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act.
    (b) A person found guilty of violating this Section is
guilty of an offense against the regulations governing the
movement of vehicles.