Full Text of SB2104 97th General Assembly
SB2104sam001 97TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 3/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 2104
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2104 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-107.1 and 6-110 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
| 10 | | 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
| 16 | | shall be valid for a period of 24 months after the date of |
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| 1 | | its
issuance and shall be restricted, by the Secretary of | 2 | | State, to the operation
of a motor vehicle by the minor | 3 | | only when under direct supervision of the adult instructor
| 4 | | of a driver education program during enrollment in the | 5 | | program or when
practicing under direct supervision of a | 6 | | parent,
legal guardian, family member, or a person in loco | 7 | | parentis who is 21
years of age or more, has a license | 8 | | classification to operate such vehicle
and at least one | 9 | | year of driving experience, and who is occupying a seat | 10 | | beside
the driver. | 11 | | (2) A 24 month instruction permit for a motor driven | 12 | | cycle may be issued
to
a person 16 or 17 years of age and | 13 | | entitles the holder to drive upon the
highways during | 14 | | daylight under direct supervision of a licensed motor | 15 | | driven
cycle operator or motorcycle operator 21 years of | 16 | | age or older who has a
license classification to operate | 17 | | such motor driven cycle or motorcycle and at
least one year | 18 | | of driving experience. | 19 | | (3) A 24 month instruction permit for a motorcycle | 20 | | other than a motor
driven
cycle may be issued to a person | 21 | | 16 or 17 years of age in accordance with the
provisions of | 22 | | paragraph 2 of Section 6-103 and entitles a holder to drive | 23 | | upon
the highways during daylight under the direct | 24 | | supervision of a licensed
motorcycle operator 21 years of | 25 | | age or older who has at least one year of
driving
| 26 | | experience. |
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| 1 | | (b) An instruction permit issued under this Section when | 2 | | issued to a person
under the
age of 18 years shall, as a matter | 3 | | of law, be invalid for the operation of any
motor
vehicle | 4 | | between 10:00 p.m. and 5:00 a.m. during the following times: | 5 | | (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
| 6 | | (2) Between 11:00 p.m. Saturday and 6:00 a.m. on | 7 | | Sunday; and | 8 | | (3) Between 10:00 p.m. on Sunday to Thursday, | 9 | | inclusive, and 6:00 a.m. on the following day. | 10 | | The instruction permit of a person under the age of 18 | 11 | | shall not be invalid as described in paragraph (b) of this | 12 | | Section if the instruction permit holder under the age of 18 | 13 | | was: | 14 | | (1) accompanied by the minor's parent or guardian or | 15 | | other person in custody or control of the minor; | 16 | | (2) on an errand at the direction of the minor's parent | 17 | | or guardian, without any detour or stop; | 18 | | (3) in a motor vehicle involved in interstate travel; | 19 | | (4) going to or returning home from an employment | 20 | | activity, without any detour or stop; | 21 | | (5) involved in an emergency; | 22 | | (6) going to or returning home from, without any detour | 23 | | or stop, an official school, religious, or other | 24 | | recreational activity supervised by adults and sponsored | 25 | | by a government or governmental agency, a civic | 26 | | organization, or another similar entity that takes |
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| 1 | | responsibility for the licensee, without any detour or | 2 | | stop; | 3 | | (7) exercising First Amendment rights protected by the | 4 | | United States Constitution, such as the free exercise of | 5 | | religion, freedom of speech, and the right of assembly; or | 6 | | (8) married or had been married or is an emancipated | 7 | | minor under the Emancipation of Minors Act. | 8 | | (b-1) No instruction permit shall be issued to any | 9 | | applicant who is under the age of 18 years and who has been | 10 | | certified to be a chronic or habitual truant, as defined in | 11 | | Section 26-2a of the School Code. | 12 | | An applicant under the age of 18 years who provides proof | 13 | | that he or she has resumed regular school attendance or that | 14 | | his or her application was denied in error shall be eligible to | 15 | | receive an instruction permit if other requirements are met. | 16 | | The Secretary shall adopt rules for implementing this | 17 | | subsection (b-1).
| 18 | | (c) Any person under the age of 16 years who possesses an | 19 | | instruction permit
and
whose
driving privileges have been | 20 | | suspended or revoked under the provisions of this
Code shall | 21 | | not be granted a Family Financial Responsibility Driving Permit | 22 | | or a
Restricted Driving Permit. | 23 | | (Source: P.A. 95-310, eff. 1-1-08; 96-1237, eff. 1-1-11.) | 24 | | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| 25 | | Sec. 6-110. Licenses issued to drivers.
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| 1 | | (a) The Secretary of State shall issue to every qualifying | 2 | | applicant a
driver's license as applied for, which license | 3 | | shall bear a
distinguishing
number assigned to the licensee, | 4 | | the legal name,
signature, zip
code, date of birth, residence | 5 | | address, and a brief description of the
licensee.
| 6 | | Licenses issued shall also indicate the classification and
| 7 | | the restrictions under Section 6-104 of this Code.
| 8 | | In lieu of the social security number, the Secretary may in | 9 | | his
discretion substitute a federal tax number or other | 10 | | distinctive number.
| 11 | | A driver's license issued may, in the discretion of the | 12 | | Secretary,
include a suitable photograph of a type prescribed | 13 | | by the Secretary.
| 14 | | (a-1) If the licensee is less than 18 years of age, unless | 15 | | one of the exceptions in subsection (a-2) apply, the license | 16 | | shall, as a matter of law, be invalid for the operation of any | 17 | | motor vehicle between 10:00 p.m. and 5:00 a.m. during the | 18 | | following times: | 19 | | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 20 | | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 21 | | Sunday; and | 22 | | (C) Between 10:00 p.m. on Sunday to Thursday, | 23 | | inclusive, and 6:00 a.m. on the following day. | 24 | | (a-2) The driver's license of a person under the age of 18 | 25 | | shall not be invalid as described in subsection (a-1) of this | 26 | | Section if the licensee under the age of 18 was: |
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| 1 | | (1) accompanied by the licensee's parent or guardian or | 2 | | other person in custody or control of the minor; | 3 | | (2) on an errand at the direction of the minor's parent | 4 | | or guardian, without any detour or stop; | 5 | | (3) in a motor vehicle involved in interstate travel; | 6 | | (4) going to or returning home from an employment | 7 | | activity, without any detour or stop; | 8 | | (5) involved in an emergency; | 9 | | (6) going to or returning home from, without any detour | 10 | | or stop, an official school, religious, or other | 11 | | recreational activity supervised by adults and sponsored | 12 | | by a government or governmental agency, a civic | 13 | | organization, or another similar entity that takes | 14 | | responsibility for the licensee, without any detour or | 15 | | stop; | 16 | | (7) exercising First Amendment rights protected by the | 17 | | United States Constitution, such as the free exercise of | 18 | | religion, freedom of speech, and the right of assembly; or | 19 | | (8) married or had been married or is an emancipated | 20 | | minor under the Emancipation of Minors Act. | 21 | | (a-2.5) The driver's license of a person who is 17 years of | 22 | | age and has been licensed for at least 12 months is not invalid | 23 | | as described in subsection (a-1) of this Section while the | 24 | | licensee is participating as an assigned driver in a Safe Rides | 25 | | program that meets the following criteria: | 26 | | (1) the program is sponsored by the Boy Scouts of |
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| 1 | | America or another national public service organization; | 2 | | and | 3 | | (2) the sponsoring organization carries liability | 4 | | insurance covering the program. | 5 | | (a-3) If a graduated driver's license holder over the age | 6 | | of 18 committed an offense against traffic regulations | 7 | | governing the movement of vehicles or any violation of Section | 8 | | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 9 | | the graduated driver's license holder's 18th birthday, and was | 10 | | subsequently convicted of the offense, the provisions of | 11 | | subsection (a-1) shall continue to apply until such time as a | 12 | | period of 6 consecutive months has elapsed without an | 13 | | additional violation and subsequent conviction of an offense | 14 | | against traffic regulations governing the movement of vehicles | 15 | | or Section 6-107 or Section 12-603.1 of this Code.
| 16 | | (a-4) If an applicant for a driver's license or instruction | 17 | | permit has a current identification card issued by the | 18 | | Secretary of State, the Secretary may require the applicant to | 19 | | utilize the same residence address and name on the | 20 | | identification card, driver's license, and instruction permit | 21 | | records maintained by the Secretary. The Secretary may | 22 | | promulgate rules to implement this provision. | 23 | | (b) Until the Secretary of State establishes a First Person | 24 | | Consent organ and tissue donor registry under Section 6-117 of | 25 | | this Code, the Secretary of State shall provide a format on the | 26 | | reverse of
each driver's license issued which the licensee may |
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| 1 | | use to execute a document
of gift conforming to the provisions | 2 | | of the Illinois Anatomical Gift Act.
The format shall allow the | 3 | | licensee to indicate the gift intended, whether
specific | 4 | | organs, any organ, or the entire body, and shall accommodate | 5 | | the
signatures of the donor and 2 witnesses. The Secretary | 6 | | shall also inform
each applicant or licensee of this format, | 7 | | describe the procedure for its
execution, and may offer the | 8 | | necessary witnesses; provided that in so doing,
the Secretary | 9 | | shall advise the applicant or licensee that he or she is
under | 10 | | no compulsion to execute a document of gift. A brochure
| 11 | | explaining this method of executing an anatomical gift document | 12 | | shall be given
to each applicant or licensee. The brochure | 13 | | shall advise the applicant or
licensee that he or she is under | 14 | | no compulsion to execute a document of
gift, and that he or she | 15 | | may wish to consult with family, friends or clergy
before doing | 16 | | so. The Secretary of State may undertake additional efforts,
| 17 | | including education and awareness activities, to promote organ | 18 | | and tissue
donation.
| 19 | | (c) The Secretary of State shall designate on each driver's | 20 | | license issued
a space where the licensee may place a sticker | 21 | | or decal of the uniform
size as the Secretary may specify, | 22 | | which sticker or decal may indicate in
appropriate language | 23 | | that the owner of the license carries an Emergency
Medical | 24 | | Information Card.
| 25 | | The sticker may be provided by any person, hospital, | 26 | | school,
medical group, or association interested in assisting |
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| 1 | | in implementing
the Emergency Medical Information Card, but | 2 | | shall meet the specifications
as the Secretary may by rule or | 3 | | regulation require.
| 4 | | (d) The Secretary of State shall designate on each driver's | 5 | | license issued
a space where the licensee may indicate his | 6 | | blood type and RH factor.
| 7 | | (e) The Secretary of State shall provide
that each original | 8 | | or renewal driver's license issued to a licensee under
21 years | 9 | | of age shall be of a distinct nature from those driver's | 10 | | licenses
issued to individuals 21 years of age and older. The | 11 | | color designated for
driver's licenses for licensees under 21 | 12 | | years of age shall be at the
discretion of the Secretary of | 13 | | State.
| 14 | | (e-1) The Secretary shall provide that each driver's | 15 | | license issued to a
person under the age of 21 displays the | 16 | | date upon which the person becomes 18
years of age and the date | 17 | | upon which the person becomes 21 years of age.
| 18 | | (f) The Secretary of State shall inform all Illinois | 19 | | licensed
commercial motor vehicle operators of the | 20 | | requirements of the Uniform
Commercial Driver License Act, | 21 | | Article V of this Chapter, and shall make
provisions to insure | 22 | | that all drivers, seeking to obtain a commercial
driver's | 23 | | license, be afforded an opportunity prior to April 1, 1992, to
| 24 | | obtain the license. The Secretary is authorized to extend
| 25 | | driver's license expiration dates, and assign specific times, | 26 | | dates and
locations where these commercial driver's tests shall |
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| 1 | | be conducted. Any
applicant, regardless of the current | 2 | | expiration date of the applicant's
driver's license, may be | 3 | | subject to any assignment by the Secretary.
Failure to comply | 4 | | with the Secretary's assignment may result in the
applicant's | 5 | | forfeiture of an opportunity to receive a commercial driver's
| 6 | | license prior to April 1, 1992.
| 7 | | (g) The Secretary of State shall designate on a
driver's | 8 | | license issued, a space where the licensee may indicate that he | 9 | | or
she has drafted a living will in accordance with the | 10 | | Illinois Living Will
Act or a durable power of attorney for | 11 | | health care in accordance with the
Illinois Power of Attorney | 12 | | Act.
| 13 | | (g-1) The Secretary of State, in his or her discretion, may | 14 | | designate on
each driver's license issued a space where the | 15 | | licensee may place a sticker or
decal, issued by the Secretary | 16 | | of State, of uniform size as the Secretary may
specify, that | 17 | | shall indicate in appropriate language that the owner of the
| 18 | | license has renewed his or her driver's license.
| 19 | | (h) A person who acts in good faith in accordance with the | 20 | | terms of
this Section is not liable for damages in any civil | 21 | | action or subject to
prosecution in any criminal proceeding for | 22 | | his or her act.
| 23 | | (Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08; | 24 | | 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10.)".
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