Full Text of HB0262 95th General Assembly
HB0262 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0262
Introduced 1/19/2007, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that an applicant for an instruction permit who is under the age of 18 must undergo testing for controlled substances and cannabis and must be found to be free of controlled substances and cannabis before he or she may receive an instruction permit. Provides that the Secretary of State shall adopt rules for implementing the new provision and shall prescribe an additional fee, to be added to the fees charged for the issuance of a first-time driver's license, to cover the cost of the testing.
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A BILL FOR
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HB0262 |
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LRB095 04806 DRH 24866 b |
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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 |
| Section 6-107.1 as follows:
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| (625 ILCS 5/6-107.1)
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| Sec. 6-107.1. Instruction permit for a minor.
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| (a) Subject to subsection (d), the
The Secretary of State, | 9 |
| upon
receiving proper application and payment of the required | 10 |
| fee, may issue an
instruction permit to any person under the | 11 |
| age of 18 years who is
not ineligible for a license under | 12 |
| paragraphs 1, 3, 4, 5, 7, or 8 of Section
6-103, after the | 13 |
| applicant has successfully passed such examination as the
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| Secretary of State in his discretion may prescribe.
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| (1) An instruction permit issued under this Section
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| shall be valid for a period of 24 months after the date of | 17 |
| its
issuance and shall be restricted, by the Secretary of | 18 |
| State, to the operation
of a motor vehicle by the minor | 19 |
| only when accompanied by the adult instructor
of a driver | 20 |
| education program during enrollment in the program or when
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| practicing with a parent,
legal guardian, family member, or | 22 |
| a person in loco parentis who is 21
years of age or more, | 23 |
| has a license classification to operate such vehicle
and at |
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HB0262 |
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LRB095 04806 DRH 24866 b |
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| least one year of driving experience, and who is occupying | 2 |
| a seat beside
the driver.
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| (2) A 24 month instruction permit for a motor driven | 4 |
| cycle may be issued
to
a person 16 or 17 years of age and | 5 |
| entitles the holder to drive upon the
highways during | 6 |
| daylight under direct supervision of a licensed motor | 7 |
| driven
cycle operator or motorcycle operator 21 years of | 8 |
| age or older who has a
license classification to operate | 9 |
| such motor driven cycle or motorcycle and at
least one year | 10 |
| of driving experience.
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| (3) A 24 month instruction permit for a motorcycle | 12 |
| other than a motor
driven
cycle may be issued to a person | 13 |
| 16 or 17 years of age in accordance with the
provisions of | 14 |
| paragraph 2 of Section 6-103 and entitles a holder to drive | 15 |
| upon
the highways during daylight under the direct | 16 |
| supervision of a licensed
motorcycle operator 21 years of | 17 |
| age or older who has at least one year of
driving
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| experience.
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| (b) An instruction permit issued under this Section when | 20 |
| issued to a person
under the
age of 17 years shall, as a matter | 21 |
| of law, be invalid for the operation of any
motor
vehicle | 22 |
| during the same time the child is prohibited from being on any | 23 |
| street
or highway under the provisions of the Child Curfew Act. | 24 |
| (b-1) No instruction permit shall be issued to any | 25 |
| applicant who is under the age of 18 years and who has been | 26 |
| certified to be a chronic or habitual truant, as defined in |
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HB0262 |
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LRB095 04806 DRH 24866 b |
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| Section 26-2a of the School Code. | 2 |
| An applicant under the age of 18 years who provides proof | 3 |
| that he or she has resumed regular school attendance or that | 4 |
| his or her application was denied in error shall be eligible to | 5 |
| receive an instruction permit if other requirements are met. | 6 |
| The Secretary shall adopt rules for implementing this | 7 |
| subsection (b-1).
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| (c) Any person under the age of 16 years who possesses an | 9 |
| instruction permit
and
whose
driving privileges have been | 10 |
| suspended or revoked under the provisions of this
Code shall | 11 |
| not be granted a Family Financial Responsibility Driving Permit | 12 |
| or a
Restricted Driving Permit.
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| (d) The Secretary of State may not issue an instruction | 14 |
| permit to a person under the age of 18 if: | 15 |
| (1) the person has not submitted to testing for | 16 |
| controlled substances or cannabis; or | 17 |
| (2) the person has submitted to the testing and tested | 18 |
| positive for the presence of any controlled substances or | 19 |
| cannabis. | 20 |
| A person who has tested positive for controlled substances | 21 |
| or cannabis may be issued an instruction permit if he or she is | 22 |
| tested at a later date and tests negative for any controlled | 23 |
| substances or cannabis. | 24 |
| The Secretary shall adopt rules for implementing this | 25 |
| subsection (d). The Secretary shall prescribe a fee, to be | 26 |
| added to the fees charged for a license issued to a new driver, |
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HB0262 |
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LRB095 04806 DRH 24866 b |
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| to cover the cost of this testing.
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| (Source: P.A. 94-916, eff. 7-1-07.)
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