Full Text of SB0979 97th General Assembly
SB0979 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0979 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/6-107 | from Ch. 95 1/2, par. 6-107 |
|
Amends the Illinois Vehicle Code. Makes a technical change in a Section
concerning the Graduated Licensing Program.
|
| |
| | A BILL FOR |
|
| | | SB0979 | | LRB097 04728 HEP 44767 b |
|
| 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
The purpose of the Graduated
Licensing Program is | 9 | | to develop safe and mature driving habits in young,
| 10 | | inexperienced drivers and reduce or prevent motor vehicle | 11 | | accidents,
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 by marriage, for a drivers
|
| | | SB0979 | - 2 - | LRB097 04728 HEP 44767 b |
|
| 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 | 4 | | having custody of the applicant, or
in the event there is no | 5 | | parent or guardian, then by another responsible adult. The | 6 | | written consent must accompany any application for a driver's | 7 | | license under this subsection (b), regardless of whether or not | 8 | | the required written consent also accompanied the person's | 9 | | previous application for an instruction permit.
| 10 | | No graduated driver's license shall be issued to any | 11 | | applicant under 18
years
of age, unless the applicant is at | 12 | | least 16 years of age and has:
| 13 | | (1) Held a valid instruction permit for a minimum of 9 | 14 | | months.
| 15 | | (2) Passed an approved driver education course
and | 16 | | submits proof of having passed the course as may
be | 17 | | required.
| 18 | | (3) Certification by the parent, legal guardian, or | 19 | | responsible adult that
the applicant has had a minimum of | 20 | | 50 hours of behind-the-wheel practice time, at least 10 | 21 | | hours of which have been at night,
and is sufficiently | 22 | | prepared and able to safely operate a motor vehicle.
| 23 | | (b-1) No graduated
driver's license shall be issued to any | 24 | | applicant who is under 18 years of age
and not legally | 25 | | emancipated by marriage, unless the applicant has graduated
| 26 | | from a secondary school of this State or any other state, is |
| | | SB0979 | - 3 - | LRB097 04728 HEP 44767 b |
|
| 1 | | enrolled in a
course leading to a general educational | 2 | | development (GED) certificate, has
obtained a GED certificate, | 3 | | is enrolled in an elementary or secondary school or college or | 4 | | university
of this State or any other state and is not a | 5 | | chronic or habitual truant as provided in Section 26-2a of the | 6 | | School Code, or is receiving home instruction and submits proof | 7 | | of meeting any of those
requirements at the time of | 8 | | application.
| 9 | | An applicant under 18 years of age who provides proof | 10 | | acceptable to the Secretary that the applicant has resumed | 11 | | regular school attendance or home instruction or that his or | 12 | | her application was denied in error shall be eligible to | 13 | | receive a graduated license if other requirements are met. The | 14 | | Secretary shall adopt rules for implementing this subsection | 15 | | (b-1).
| 16 | | (c) No graduated driver's license or permit shall be issued | 17 | | to
any applicant under 18
years of age who has committed the | 18 | | offense of operating a motor vehicle
without a valid license or | 19 | | permit in violation of Section 6-101 of this Code
or a similar | 20 | | out of state offense and no graduated driver's
license or | 21 | | permit shall be issued to any applicant under 18 years of age
| 22 | | who has committed an offense that would otherwise result in a
| 23 | | mandatory revocation of a license or permit as provided in | 24 | | Section 6-205 of
this Code or who has been either convicted of | 25 | | or adjudicated a delinquent based
upon a violation of the | 26 | | Cannabis Control Act, the Illinois Controlled
Substances Act, |
| | | SB0979 | - 4 - | LRB097 04728 HEP 44767 b |
|
| 1 | | the Use of Intoxicating Compounds Act, or the Methamphetamine | 2 | | Control and Community Protection Act while that individual was | 3 | | in actual physical control of a motor
vehicle. For purposes of | 4 | | this Section, any person placed on probation under
Section 10 | 5 | | of the Cannabis Control Act, Section 410 of the Illinois
| 6 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 7 | | Control and Community Protection Act shall not be considered | 8 | | convicted. Any person found
guilty of this offense, while in | 9 | | actual physical control of a motor vehicle,
shall have an entry | 10 | | made in the court record by the judge that this offense did
| 11 | | occur while the person was in actual physical control of a | 12 | | motor vehicle and
order the clerk of the court to report the | 13 | | violation to the Secretary of State
as such.
| 14 | | (d) No graduated driver's license shall be issued for 9 | 15 | | months to any
applicant
under
the
age of 18 years who has | 16 | | committed and subsequently been convicted of an offense against | 17 | | traffic regulations governing the movement of vehicles or any | 18 | | violation of this Section or Section 12-603.1 of this Code.
| 19 | | (e) No graduated driver's license holder under the age
of | 20 | | 18 years shall operate any
motor vehicle, except a motor driven | 21 | | cycle or motorcycle, with
more than one passenger in the front | 22 | | seat of the motor vehicle
and no more passengers in the back | 23 | | seats than the number of available seat
safety belts as set | 24 | | forth in Section 12-603 of this Code. If a graduated driver's | 25 | | license holder over the age of 18 committed an offense against | 26 | | traffic regulations governing the movement of vehicles or any |
| | | SB0979 | - 5 - | LRB097 04728 HEP 44767 b |
|
| 1 | | violation of this Section or Section 12-603.1 of this Code in | 2 | | the 6 months prior to the graduated driver's license holder's | 3 | | 18th birthday, and was subsequently convicted of the violation, | 4 | | the provisions of this paragraph shall continue to apply until | 5 | | such time as a period of 6 consecutive months has elapsed | 6 | | without an additional violation and subsequent conviction of an | 7 | | offense against traffic regulations governing the movement of | 8 | | vehicles or any violation of this Section or Section 12-603.1 | 9 | | of this Code.
| 10 | | (f) No graduated driver's license holder under the age of | 11 | | 18 shall operate a
motor vehicle unless each driver and | 12 | | passenger under the
age of 19 is wearing a properly adjusted | 13 | | and fastened seat safety belt and each child under the age of 8 | 14 | | is protected as required under the Child Passenger Protection | 15 | | Act. If a graduated driver's license holder over the age of 18 | 16 | | committed an offense against traffic regulations governing the | 17 | | movement of vehicles or any violation of this Section or | 18 | | Section 12-603.1 of this Code in the 6 months prior to the | 19 | | graduated driver's license holder's 18th birthday, and was | 20 | | subsequently convicted of the violation, the provisions of this | 21 | | paragraph shall continue to apply until such time as a period | 22 | | of 6 consecutive months has elapsed without an additional | 23 | | violation and subsequent conviction of 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 | | (g) If a graduated driver's license holder is under the age |
| | | SB0979 | - 6 - | LRB097 04728 HEP 44767 b |
|
| 1 | | of 18 when he
or she receives the license, for the first 12 | 2 | | months he or she holds the license
or
until he or she reaches | 3 | | the age of 18, whichever occurs sooner, the graduated
license
| 4 | | holder may not operate a motor vehicle with more than one | 5 | | passenger in the
vehicle
who is under the age of 20, unless any | 6 | | additional passenger or passengers are
siblings, | 7 | | step-siblings, children, or stepchildren of the driver. If a | 8 | | graduated driver's license holder committed an offense against | 9 | | traffic regulations governing the movement of vehicles or any | 10 | | violation of this Section or Section 12-603.1 of this Code | 11 | | during the first 12 months the license is held and subsequently | 12 | | is convicted of the violation, the provisions of this paragraph | 13 | | shall remain in effect until such time as a period of 6 | 14 | | consecutive months has elapsed without an additional violation | 15 | | and subsequent conviction of an offense against traffic | 16 | | regulations governing the movement of vehicles or any violation | 17 | | of this Section or Section 12-603.1 of this Code.
| 18 | | (h) It shall be an offense for a person that is age 15, but | 19 | | under age 20, to be a passenger in a vehicle operated by a | 20 | | driver holding a graduated driver's license during the first 12 | 21 | | months the driver holds the license or until the driver reaches | 22 | | the age of 18, whichever occurs sooner, if another passenger | 23 | | under the age of 20 is present, excluding a sibling, | 24 | | step-sibling, child, or step-child of the driver.
| 25 | | (Source: P.A. 95-310, eff. 1-1-08; 95-331, eff. 8-21-07; | 26 | | 96-607, eff. 8-24-09.) |
|