Full Text of SB3795 96th General Assembly
SB3795 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3795
Introduced 2/11/2010, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-107.1 |
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625 ILCS 5/6-110 |
from Ch. 95 1/2, par. 6-110 |
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Amends the Illinois Vehicle Code. Provides that an instruction permit or driver's license issued under 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 from 10:30 p.m. (rather than 11:00 p.m.) until 6:00 a.m. on Friday and Saturday of each week.
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A BILL FOR
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SB3795 |
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LRB096 20867 AJT 36641 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 |
| Sections 6-107.1 and 6-110 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) 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.
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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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| 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 18 years shall, as a matter | 21 |
| of law, be invalid for the operation of any
motor
vehicle | 22 |
| during the following times:
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| (1) Between 10:30 11:00 p.m. Friday and 6:00 a.m. | 24 |
| Saturday;
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| (2) Between 10:30 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.
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| (Source: P.A. 94-916, eff. 7-1-07; 95-310, eff. 1-1-08.)
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| (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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| Sec. 6-110. Licenses issued to drivers.
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| (a) The Secretary of State shall issue to every qualifying | 20 |
| applicant a
driver's license as applied for, which license | 21 |
| shall bear a
distinguishing
number assigned to the licensee, | 22 |
| the legal name,
signature, zip
code, date of birth, residence | 23 |
| address, and a brief description of the
licensee.
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| Licenses issued shall also indicate the classification and
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| the restrictions under Section 6-104 of this Code.
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| In lieu of the social security number, the Secretary may in | 2 |
| his
discretion substitute a federal tax number or other | 3 |
| distinctive number.
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| A driver's license issued may, in the discretion of the | 5 |
| Secretary,
include a suitable photograph of a type prescribed | 6 |
| by the Secretary.
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| (a-1) If the licensee is less than 18 years of age, unless | 8 |
| one of the exceptions in subsection (a-2) apply, the license | 9 |
| shall, as a matter of law, be invalid for the operation of any | 10 |
| motor vehicle during the following times: | 11 |
| (A) Between 10:30 11:00 p.m. Friday and 6:00 a.m. | 12 |
| Saturday; | 13 |
| (B) Between 10:30 11:00 p.m. Saturday and 6:00 a.m. on | 14 |
| Sunday; and | 15 |
| (C) Between 10:00 p.m. on Sunday to Thursday, | 16 |
| inclusive, and 6:00 a.m. on the following day. | 17 |
| (a-2) The driver's license of a person under the age of 18 | 18 |
| shall not be invalid as described in subsection (a-1) of this | 19 |
| Section if the licensee under the age of 18 was: | 20 |
| (1) accompanied by the licensee's parent or guardian or | 21 |
| other person in custody or control of the minor; | 22 |
| (2) on an errand at the direction of the minor's parent | 23 |
| or guardian, without any detour or stop; | 24 |
| (3) in a motor vehicle involved in interstate travel; | 25 |
| (4) going to or returning home from an employment | 26 |
| activity, without any detour or stop; |
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| (5) involved in an emergency; | 2 |
| (6) going to or returning home from, without any detour | 3 |
| or stop, an official school, religious, or other | 4 |
| recreational activity supervised by adults and sponsored | 5 |
| by a government or governmental agency, a civic | 6 |
| organization, or another similar entity that takes | 7 |
| responsibility for the licensee, without any detour or | 8 |
| stop; | 9 |
| (7) exercising First Amendment rights protected by the | 10 |
| United States Constitution, such as the free exercise of | 11 |
| religion, freedom of speech, and the right of assembly; or | 12 |
| (8) married or had been married or is an emancipated | 13 |
| minor under the Emancipation of Minors Act. | 14 |
| (a-2.5) The driver's license of a person who is 17 years of | 15 |
| age and has been licensed for at least 12 months is not invalid | 16 |
| as described in subsection (a-1) of this Section while the | 17 |
| licensee is participating as an assigned driver in a Safe Rides | 18 |
| program that meets the following criteria: | 19 |
| (1) the program is sponsored by the Boy Scouts of | 20 |
| America or another national public service organization; | 21 |
| and | 22 |
| (2) the sponsoring organization carries liability | 23 |
| insurance covering the program. | 24 |
| (a-3) If a graduated driver's license holder over the age | 25 |
| of 18 committed an offense against traffic regulations | 26 |
| governing the movement of vehicles or any violation of Section |
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| 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 2 |
| the graduated driver's license holder's 18th birthday, and was | 3 |
| subsequently convicted of the offense, the provisions of | 4 |
| subsection (a-1) shall continue to apply until such time as a | 5 |
| period of 6 consecutive months has elapsed without an | 6 |
| additional violation and subsequent conviction of an offense | 7 |
| against traffic regulations governing the movement of vehicles | 8 |
| or Section 6-107 or Section 12-603.1 of this Code.
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| (b) Until the Secretary of State establishes a First Person | 10 |
| Consent organ and tissue donor registry under Section 6-117 of | 11 |
| this Code, the Secretary of State shall provide a format on the | 12 |
| reverse of
each driver's license issued which the licensee may | 13 |
| use to execute a document
of gift conforming to the provisions | 14 |
| of the Illinois Anatomical Gift Act.
The format shall allow the | 15 |
| licensee to indicate the gift intended, whether
specific | 16 |
| organs, any organ, or the entire body, and shall accommodate | 17 |
| the
signatures of the donor and 2 witnesses. The Secretary | 18 |
| shall also inform
each applicant or licensee of this format, | 19 |
| describe the procedure for its
execution, and may offer the | 20 |
| necessary witnesses; provided that in so doing,
the Secretary | 21 |
| shall advise the applicant or licensee that he or she is
under | 22 |
| no compulsion to execute a document of gift. A brochure
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| explaining this method of executing an anatomical gift document | 24 |
| shall be given
to each applicant or licensee. The brochure | 25 |
| shall advise the applicant or
licensee that he or she is under | 26 |
| no compulsion to execute a document of
gift, and that he or she |
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| may wish to consult with family, friends or clergy
before doing | 2 |
| so. The Secretary of State may undertake additional efforts,
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| including education and awareness activities, to promote organ | 4 |
| and tissue
donation.
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| (c) The Secretary of State shall designate on each driver's | 6 |
| license issued
a space where the licensee may place a sticker | 7 |
| or decal of the uniform
size as the Secretary may specify, | 8 |
| which sticker or decal may indicate in
appropriate language | 9 |
| that the owner of the license carries an Emergency
Medical | 10 |
| Information Card.
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| The sticker may be provided by any person, hospital, | 12 |
| school,
medical group, or association interested in assisting | 13 |
| in implementing
the Emergency Medical Information Card, but | 14 |
| shall meet the specifications
as the Secretary may by rule or | 15 |
| regulation require.
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| (d) The Secretary of State shall designate on each driver's | 17 |
| license issued
a space where the licensee may indicate his | 18 |
| blood type and RH factor.
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| (e) The Secretary of State shall provide
that each original | 20 |
| or renewal driver's license issued to a licensee under
21 years | 21 |
| of age shall be of a distinct nature from those driver's | 22 |
| licenses
issued to individuals 21 years of age and older. The | 23 |
| color designated for
driver's licenses for licensees under 21 | 24 |
| years of age shall be at the
discretion of the Secretary of | 25 |
| State.
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| (e-1) The Secretary shall provide that each driver's |
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| license issued to a
person under the age of 21 displays the | 2 |
| date upon which the person becomes 18
years of age and the date | 3 |
| upon which the person becomes 21 years of age.
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| (f) The Secretary of State shall inform all Illinois | 5 |
| licensed
commercial motor vehicle operators of the | 6 |
| requirements of the Uniform
Commercial Driver License Act, | 7 |
| Article V of this Chapter, and shall make
provisions to insure | 8 |
| that all drivers, seeking to obtain a commercial
driver's | 9 |
| license, be afforded an opportunity prior to April 1, 1992, to
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| obtain the license. The Secretary is authorized to extend
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| driver's license expiration dates, and assign specific times, | 12 |
| dates and
locations where these commercial driver's tests shall | 13 |
| be conducted. Any
applicant, regardless of the current | 14 |
| expiration date of the applicant's
driver's license, may be | 15 |
| subject to any assignment by the Secretary.
Failure to comply | 16 |
| with the Secretary's assignment may result in the
applicant's | 17 |
| forfeiture of an opportunity to receive a commercial driver's
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| license prior to April 1, 1992.
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| (g) The Secretary of State shall designate on a
driver's | 20 |
| license issued, a space where the licensee may indicate that he | 21 |
| or
she has drafted a living will in accordance with the | 22 |
| Illinois Living Will
Act or a durable power of attorney for | 23 |
| health care in accordance with the
Illinois Power of Attorney | 24 |
| Act.
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| (g-1) The Secretary of State, in his or her discretion, may | 26 |
| designate on
each driver's license issued a space where the |
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| licensee may place a sticker or
decal, issued by the Secretary | 2 |
| of State, of uniform size as the Secretary may
specify, that | 3 |
| shall indicate in appropriate language that the owner of the
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| license has renewed his or her driver's license.
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| (h) A person who acts in good faith in accordance with the | 6 |
| terms of
this Section is not liable for damages in any civil | 7 |
| action or subject to
prosecution in any criminal proceeding for | 8 |
| his or her act.
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| (Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08; | 10 |
| 96-607, eff. 8-24-09.)
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