Full Text of HB5341 96th General Assembly
HB5341enr 96TH GENERAL ASSEMBLY
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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 and by adding Section 11-507 as follows: | 6 |
| (625 ILCS 5/6-107.1) | 7 |
| Sec. 6-107.1. Instruction permit for a minor. | 8 |
| (a) The Secretary of State, upon
receiving proper | 9 |
| application and payment of the required fee, may issue an
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| instruction permit to any person under the age of 18 years who | 11 |
| is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | 12 |
| or 8 of Section
6-103, after the applicant has successfully | 13 |
| passed such examination as the
Secretary of State in his | 14 |
| discretion may prescribe. | 15 |
| (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 under direct supervision of accompanied by the | 20 |
| adult instructor
of a driver education program during | 21 |
| enrollment in the program or when
practicing under direct | 22 |
| supervision of with a parent,
legal guardian, family | 23 |
| member, or a person in loco parentis who is 21
years of age |
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| or more, has a license classification to operate such | 2 |
| vehicle
and at least one year of driving experience, and | 3 |
| who is occupying a seat beside
the driver. | 4 |
| (2) A 24 month instruction permit for a motor driven | 5 |
| cycle may be issued
to
a person 16 or 17 years of age and | 6 |
| entitles the holder to drive upon the
highways during | 7 |
| daylight under direct supervision of a licensed motor | 8 |
| driven
cycle operator or motorcycle operator 21 years of | 9 |
| age or older who has a
license classification to operate | 10 |
| such motor driven cycle or motorcycle and at
least one year | 11 |
| of driving experience. | 12 |
| (3) A 24 month instruction permit for a motorcycle | 13 |
| other than a motor
driven
cycle may be issued to a person | 14 |
| 16 or 17 years of age in accordance with the
provisions of | 15 |
| paragraph 2 of Section 6-103 and entitles a holder to drive | 16 |
| upon
the highways during daylight under the direct | 17 |
| supervision of a licensed
motorcycle operator 21 years of | 18 |
| age or older who has at least one year of
driving
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| experience. | 20 |
| (b) An instruction permit issued under this Section when | 21 |
| issued to a person
under the
age of 18 years shall, as a matter | 22 |
| of law, be invalid for the operation of any
motor
vehicle | 23 |
| during the following times:
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| (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
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| (2) Between 11:00 p.m. Saturday and 6:00 a.m. on | 26 |
| Sunday; and |
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| (3) Between 10:00 p.m. on Sunday to Thursday, | 2 |
| inclusive, and 6:00 a.m. on the following day. | 3 |
| The instruction permit of a person under the age of 18 | 4 |
| shall not be invalid as described in paragraph (b) of this | 5 |
| Section if the instruction permit holder under the age of 18 | 6 |
| was: | 7 |
| (1) accompanied by the minor's parent or guardian or | 8 |
| other person in custody or control of the minor; | 9 |
| (2) on an errand at the direction of the minor's parent | 10 |
| or guardian, without any detour or stop; | 11 |
| (3) in a motor vehicle involved in interstate travel; | 12 |
| (4) going to or returning home from an employment | 13 |
| activity, without any detour or stop; | 14 |
| (5) involved in an emergency; | 15 |
| (6) going to or returning home from, without any detour | 16 |
| or stop, an official school, religious, or other | 17 |
| recreational activity supervised by adults and sponsored | 18 |
| by a government or governmental agency, a civic | 19 |
| organization, or another similar entity that takes | 20 |
| responsibility for the licensee, without any detour or | 21 |
| stop; | 22 |
| (7) exercising First Amendment rights protected by the | 23 |
| United States Constitution, such as the free exercise of | 24 |
| religion, freedom of speech, and the right of assembly; or | 25 |
| (8) married or had been married or is an emancipated | 26 |
| minor under the Emancipation of Minors Act. |
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| (b-1) No instruction permit shall be issued to any | 2 |
| applicant who is under the age of 18 years and who has been | 3 |
| certified to be a chronic or habitual truant, as defined in | 4 |
| Section 26-2a of the School Code. | 5 |
| An applicant under the age of 18 years who provides proof | 6 |
| that he or she has resumed regular school attendance or that | 7 |
| his or her application was denied in error shall be eligible to | 8 |
| receive an instruction permit if other requirements are met. | 9 |
| The Secretary shall adopt rules for implementing this | 10 |
| subsection (b-1).
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| (c) Any person under the age of 16 years who possesses an | 12 |
| instruction permit
and
whose
driving privileges have been | 13 |
| suspended or revoked under the provisions of this
Code shall | 14 |
| not be granted a Family Financial Responsibility Driving Permit | 15 |
| or a
Restricted Driving Permit. | 16 |
| (Source: P.A. 94-916, eff. 7-1-07; 95-310, eff. 1-1-08.) | 17 |
| (625 ILCS 5/11-507 new) | 18 |
| Sec. 11-507. Supervising a minor driver while under the | 19 |
| influence of alcohol, other drug or drugs, intoxicating | 20 |
| compound or compounds or any combination thereof. | 21 |
| (a) A person shall not accompany or provide instruction, | 22 |
| pursuant to subsection (a) of Section 6-107.1 of this Code, to | 23 |
| a driver who is a minor and driving a motor vehicle pursuant to | 24 |
| an instruction permit under Section 6-107.1 of this Code, | 25 |
| while: |
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| (1) the alcohol concentration in the person's blood
or | 2 |
| breath is 0.08 or more based on the definition of blood and | 3 |
| breath units in Section 11-501.2 of this Code; | 4 |
| (2) under the influence of alcohol; | 5 |
| (3) under the influence of any intoxicating compound
or | 6 |
| combination of intoxicating compounds to a degree that | 7 |
| renders the person incapable of properly supervising or | 8 |
| providing instruction to the minor driver; | 9 |
| (4) under the influence of any other drug or
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| combination of drugs to a degree that renders the person | 11 |
| incapable of properly supervising or providing instruction | 12 |
| to the minor driver; | 13 |
| (5) under the combined influence of alcohol, other
drug | 14 |
| or drugs, or intoxicating compound or compounds to a degree | 15 |
| that renders the person incapable of properly supervising | 16 |
| or providing instruction to the minor driver; or | 17 |
| (6) there is any amount of a drug, substance, or
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| compound in the person's breath, blood, or urine resulting | 19 |
| from the unlawful use or consumption of cannabis listed in | 20 |
| the Cannabis Control Act, a controlled substance listed in | 21 |
| the Illinois Controlled Substances Act, an intoxicating | 22 |
| compound listed in the Use of Intoxicating Compounds Act, | 23 |
| or methamphetamine as listed in the Methamphetamine | 24 |
| Control and Community Protection Act. | 25 |
| (b) A person found guilty of violating this Section is | 26 |
| guilty of an offense against the regulations governing the |
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| movement of vehicles.
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