Illinois General Assembly - Full Text of HB4768
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Full Text of HB4768  94th General Assembly


Transportation and Motor Vehicles Committee

Filed: 2/14/2006





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2     AMENDMENT NO. ______. Amend House Bill 4768 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Illinois Vehicle Code is amended by
5 changing Section 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 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,
11 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
23 years, and not legally emancipated by marriage, for a drivers
24 license or permit to operate a motor vehicle issued under the



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1 laws of this State, shall be accompanied by the written consent
2 of either parent of the applicant; otherwise by the guardian
3 having custody of the applicant, or in the event there is no
4 parent or guardian, then by another responsible adult. The
5 written consent must accompany any application for a driver's
6 license under this subsection (b), regardless of whether or not
7 the required written consent also accompanied the person's
8 previous application for an instruction permit.
9     No graduated driver's license shall be issued to any
10 applicant under 18 years of age, unless the applicant is at
11 least 16 years of age and has:
12         (1) Held a valid instruction permit for a minimum of 3
13     months.
14         (2) Passed an approved driver education course and
15     submits proof of having passed the course as may be
16     required.
17         (3) certification by the parent, legal guardian, or
18     responsible adult that the applicant has had a minimum of
19     50 25 hours of behind-the-wheel practice time, at least 10
20     hours of which have been at night, and is sufficiently
21     prepared and able to safely operate a motor vehicle.
22     (c) No graduated driver's license or permit shall be issued
23 to any applicant under 18 years of age who has committed the
24 offense of operating a motor vehicle without a valid license or
25 permit in violation of Section 6-101 of this Code and no
26 graduated driver's license or permit shall be issued to any
27 applicant under 18 years of age who has committed an offense
28 that would otherwise result in a mandatory revocation of a
29 license or permit as provided in Section 6-205 of this Code or
30 who has been either convicted of or adjudicated a delinquent
31 based upon a violation of the Cannabis Control Act, the
32 Illinois Controlled Substances Act, or the Methamphetamine
33 Control and Community Protection Act while that individual was
34 in actual physical control of a motor vehicle. For purposes of



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1 this Section, any person placed on probation under Section 10
2 of the Cannabis Control Act, Section 410 of the Illinois
3 Controlled Substances Act, or Section 70 of the Methamphetamine
4 Control and Community Protection Act shall not be considered
5 convicted. Any person found guilty of this offense, while in
6 actual physical control of a motor vehicle, shall have an entry
7 made in the court record by the judge that this offense did
8 occur while the person was in actual physical control of a
9 motor vehicle and order the clerk of the court to report the
10 violation to the Secretary of State as such.
11     (d) No graduated driver's license shall be issued for 6
12 months to any applicant under the age of 18 years who has been
13 convicted of any offense defined as a serious traffic violation
14 in this Code or a similar provision of a local ordinance.
15     (e) No graduated driver's license holder under the age of
16 18 years shall operate any motor vehicle, except a motor driven
17 cycle or motorcycle, with more than one passenger in the front
18 seat of the motor vehicle and no more passengers in the back
19 seats than the number of available seat safety belts as set
20 forth in Section 12-603 of this Code.
21     (f) No graduated driver's license holder under the age of
22 18 shall operate a motor vehicle unless each driver and
23 passenger under the age of 19 is wearing a properly adjusted
24 and fastened seat safety belt and each child under the age of 8
25 is protected as required under the Child Passenger Protection
26 Act.
27     (g) If a graduated driver's license holder is under the age
28 of 18 when he or she receives the license, for the first 6
29 months he or she holds the license or until he or she reaches
30 the age of 18, whichever occurs sooner, the graduated license
31 holder may not operate a motor vehicle with more than one
32 passenger in the vehicle who is under the age of 20, unless any
33 additional passenger or passengers are siblings,
34 step-siblings, children, or stepchildren of the driver.



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1 (Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05; 94-239,
2 eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; revised
3 8-19-05.)".