Full Text of HB4893 101st General Assembly
HB4893 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4893 Introduced 2/18/2020, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-107 | from Ch. 95 1/2, par. 6-107 |
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Amends the Illinois Vehicle Code. Provides that the applicant's foster parent may provide the: (i) written consent required to accompany an application for a driver's license or permit by a person under the age of 18 years; and (ii) certification that the applicant has had a minimum of 50 hours behind-the-wheel practice time in order for an applicant under 18 years of age to be issued a driver's license.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | 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, for a driver's drivers
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| 1 | | license or permit to operate a motor vehicle issued under the | 2 | | laws of this
State, shall be accompanied by the written consent | 3 | | of either parent of the
applicant; otherwise by the guardian or | 4 | | foster parent having custody of the applicant, or
in the event | 5 | | there is no parent , or guardian, or foster parent, then by | 6 | | another responsible adult. The written consent must accompany | 7 | | any application for a driver's license under this subsection | 8 | | (b), regardless of whether or not the required written consent | 9 | | also accompanied the person's previous application for an | 10 | | instruction permit.
| 11 | | No graduated driver's license shall be issued to any | 12 | | applicant under 18
years
of age, unless the applicant is at | 13 | | least 16 years of age and has:
| 14 | | (1) Held a valid instruction permit for a minimum of 9 | 15 | | months.
| 16 | | (2) Passed an approved driver education course
and | 17 | | submits proof of having passed the course as may
be | 18 | | required.
| 19 | | (3) Certification by the parent, legal guardian, | 20 | | foster parent, or responsible adult that
the applicant has | 21 | | had a minimum of 50 hours of behind-the-wheel practice | 22 | | time, at least 10 hours of which have been at night,
and is | 23 | | sufficiently prepared and able to safely operate a motor | 24 | | vehicle.
| 25 | | (b-1) No graduated
driver's license shall be issued to any | 26 | | applicant who is under 18 years of age
and not legally |
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| 1 | | emancipated, unless the applicant has graduated
from a | 2 | | secondary school of this State or any other state, is enrolled | 3 | | in a
course leading to a high school equivalency certificate, | 4 | | has
obtained a high school equivalency certificate, is enrolled | 5 | | in an elementary or secondary school or college or university
| 6 | | of this State or any other state and is not a chronic or | 7 | | habitual truant as provided in Section 26-2a of the School | 8 | | Code, or is receiving home instruction and submits proof of | 9 | | meeting any of those
requirements at the time of application.
| 10 | | An applicant under 18 years of age who provides proof | 11 | | acceptable to the Secretary that the applicant has resumed | 12 | | regular school attendance or home instruction or that his or | 13 | | her application was denied in error shall be eligible to | 14 | | receive a graduated license if other requirements are met. The | 15 | | Secretary shall adopt rules for implementing this subsection | 16 | | (b-1).
| 17 | | (c) No graduated driver's license or permit shall be issued | 18 | | to
any applicant under 18
years of age who has committed the | 19 | | offense of operating a motor vehicle
without a valid license or | 20 | | permit in violation of Section 6-101 of this Code
or a similar | 21 | | out of state offense and no graduated driver's
license or | 22 | | permit shall be issued to any applicant under 18 years of age
| 23 | | who has committed an offense that would otherwise result in a
| 24 | | mandatory revocation of a license or permit as provided in | 25 | | Section 6-205 of
this Code or who has been either convicted of | 26 | | or adjudicated a delinquent based
upon a violation of the |
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| 1 | | Cannabis Control Act, the Illinois Controlled
Substances Act, | 2 | | the Use of Intoxicating Compounds Act, or the Methamphetamine | 3 | | Control and Community Protection Act while that individual was | 4 | | in actual physical control of a motor
vehicle. For purposes of | 5 | | this Section, any person placed on probation under
Section 10 | 6 | | of the Cannabis Control Act, Section 410 of the Illinois
| 7 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 8 | | Control and Community Protection Act shall not be considered | 9 | | convicted. Any person found
guilty of this offense, while in | 10 | | actual physical control of a motor vehicle,
shall have an entry | 11 | | made in the court record by the judge that this offense did
| 12 | | occur while the person was in actual physical control of a | 13 | | motor vehicle and
order the clerk of the court to report the | 14 | | violation to the Secretary of State
as such.
| 15 | | (d) No graduated driver's license shall be issued for 9 | 16 | | months to any
applicant
under
the
age of 18 years who has | 17 | | committed and subsequently been convicted of an offense against | 18 | | traffic regulations governing the movement of vehicles, any | 19 | | violation of this Section or Section 12-603.1 of this Code, or | 20 | | who has received a disposition of court supervision for a | 21 | | violation of Section 6-20 of the Illinois Liquor Control Act of | 22 | | 1934 or a similar provision of a local ordinance.
| 23 | | (e) No graduated driver's license holder under the age
of | 24 | | 18 years shall operate any
motor vehicle, except a motor driven | 25 | | cycle or motorcycle, with
more than one passenger in the front | 26 | | seat of the motor vehicle
and no more passengers in the back |
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| 1 | | seats than the number of available seat
safety belts as set | 2 | | forth in Section 12-603 of this Code. If a graduated driver's | 3 | | license holder over the age of 18 committed an offense against | 4 | | traffic regulations governing the movement of vehicles or any | 5 | | violation of this Section or Section 12-603.1 of this Code in | 6 | | the 6 months prior to the graduated driver's license holder's | 7 | | 18th birthday, and was subsequently convicted of the violation, | 8 | | the provisions of this paragraph shall continue to apply until | 9 | | such time as a period of 6 consecutive months has elapsed | 10 | | without an additional violation and subsequent conviction of an | 11 | | offense against traffic regulations governing the movement of | 12 | | vehicles or any violation of this Section or Section 12-603.1 | 13 | | of this Code.
| 14 | | (f) (Blank).
| 15 | | (g) If a graduated driver's license holder is under the age | 16 | | of 18 when he
or she receives the license, for the first 12 | 17 | | months he or she holds the license
or
until he or she reaches | 18 | | the age of 18, whichever occurs sooner, the graduated
license
| 19 | | holder may not operate a motor vehicle with more than one | 20 | | passenger in the
vehicle
who is under the age of 20, unless any | 21 | | additional passenger or passengers are
siblings, | 22 | | step-siblings, children, or stepchildren of the driver. If a | 23 | | graduated driver's license holder committed an offense against | 24 | | traffic regulations governing the movement of vehicles or any | 25 | | violation of this Section or Section 12-603.1 of this Code | 26 | | during the first 12 months the license is held and subsequently |
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| 1 | | is convicted of the violation, the provisions of this paragraph | 2 | | shall remain in effect until such time as a period of 6 | 3 | | consecutive months has elapsed without an additional violation | 4 | | and subsequent conviction of an offense against traffic | 5 | | regulations governing the movement of vehicles or any violation | 6 | | of this Section or Section 12-603.1 of this Code.
| 7 | | (h) It shall be an offense for a person that is age 15, but | 8 | | under age 20, to be a passenger in a vehicle operated by a | 9 | | driver holding a graduated driver's license during the first 12 | 10 | | months the driver holds the license or until the driver reaches | 11 | | the age of 18, whichever occurs sooner, if another passenger | 12 | | under the age of 20 is present, excluding a sibling, | 13 | | step-sibling, child, or step-child of the driver.
| 14 | | (i) No graduated driver's license shall be issued to any | 15 | | applicant under the age of 18 years if the applicant has been | 16 | | issued a traffic citation for which a disposition has not been | 17 | | rendered at the time of application. | 18 | | (Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12; | 19 | | 98-168, eff. 1-1-14; 98-718, eff. 1-1-15 .)
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