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.