Full Text of HB5325 97th General Assembly
HB5325 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5325 Introduced 2/8/2012, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-107 | from Ch. 95 1/2, par. 6-107 | 625 ILCS 5/6-108 | from Ch. 95 1/2, par. 6-108 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State shall cancel the license or permit of any
person under the age of 18 years who is convicted of violating the Section prohibiting the use of electronic communication devices while driving. Provides that after the cancellation, the Secretary
may not issue a new license or permit for a period of 6 months after the
date of cancellation or until the minor attains the age of 18 years,
whichever is longer.
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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 | | Sections 6-107 and 6-108 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 by marriage, for a 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 | 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 |
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| 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, |
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| 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, any | 18 | | violation of this Section or Section 12-603.1 of this Code, or | 19 | | who has received a disposition of court supervision for a | 20 | | violation of Section 6-20 of the Illinois Liquor Control Act of | 21 | | 1934 or a similar provision of a local ordinance.
| 22 | | (e) No graduated driver's license holder under the age
of | 23 | | 18 years shall operate any
motor vehicle, except a motor driven | 24 | | cycle or motorcycle, with
more than one passenger in the front | 25 | | seat of the motor vehicle
and no more passengers in the back | 26 | | seats than the number of available seat
safety belts as set |
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| 1 | | forth in Section 12-603 of this Code. If a graduated driver's | 2 | | license holder over the age of 18 committed an offense against | 3 | | traffic regulations governing the movement of vehicles or any | 4 | | violation of this Section or Section 12-603.1 of this Code in | 5 | | the 6 months prior to the graduated driver's license holder's | 6 | | 18th birthday, and was subsequently convicted of the violation, | 7 | | the provisions of this paragraph shall continue to apply until | 8 | | such time as a period of 6 consecutive months has elapsed | 9 | | without an additional violation and subsequent conviction of an | 10 | | offense against traffic regulations governing the movement of | 11 | | vehicles or any violation of this Section or Section 12-603.1 | 12 | | of this Code.
| 13 | | (f) No graduated driver's license holder under the age of | 14 | | 18 shall operate a
motor vehicle unless each driver and | 15 | | passenger under the
age of 19 is wearing a properly adjusted | 16 | | and fastened seat safety belt and each child under the age of 8 | 17 | | is protected as required under the Child Passenger Protection | 18 | | Act. If a graduated driver's license holder over the age of 18 | 19 | | committed an offense against traffic regulations governing the | 20 | | movement of vehicles or any violation of this Section or | 21 | | Section 12-603.1 of this Code in the 6 months prior to the | 22 | | graduated driver's license holder's 18th birthday, and was | 23 | | subsequently convicted of the violation, the provisions of this | 24 | | paragraph shall continue to apply until such time as a period | 25 | | of 6 consecutive months has elapsed without an additional | 26 | | violation and subsequent conviction of an offense against |
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| 1 | | traffic regulations governing the movement of vehicles or any | 2 | | violation of this Section or Section 12-603.1 of this Code.
| 3 | | (g) If a graduated driver's license holder is under the age | 4 | | of 18 when he
or she receives the license, for the first 12 | 5 | | months he or she holds the license
or
until he or she reaches | 6 | | the age of 18, whichever occurs sooner, the graduated
license
| 7 | | holder may not operate a motor vehicle with more than one | 8 | | passenger in the
vehicle
who is under the age of 20, unless any | 9 | | additional passenger or passengers are
siblings, | 10 | | step-siblings, children, or stepchildren of the driver. If a | 11 | | graduated driver's license holder committed an offense against | 12 | | traffic regulations governing the movement of vehicles or any | 13 | | violation of this Section or Section 12-603.1 of this Code | 14 | | during the first 12 months the license is held and subsequently | 15 | | is convicted of the violation, the provisions of this paragraph | 16 | | shall remain in effect until such time as a period of 6 | 17 | | consecutive months has elapsed without an additional violation | 18 | | and subsequent conviction of an offense against traffic | 19 | | regulations governing the movement of vehicles or any violation | 20 | | of this Section or Section 12-603.1 of this Code.
| 21 | | (h) It shall be an offense for a person that is age 15, but | 22 | | under age 20, to be a passenger in a vehicle operated by a | 23 | | driver holding a graduated driver's license during the first 12 | 24 | | months the driver holds the license or until the driver reaches | 25 | | the age of 18, whichever occurs sooner, if another passenger | 26 | | under the age of 20 is present, excluding a sibling, |
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| 1 | | step-sibling, child, or step-child of the driver.
| 2 | | (i) A person under the age of 18 who has committed a | 3 | | violation of Section 12-610.2 of this Code is not eligible for | 4 | | a graduated driver's license. If a graduated driver's license | 5 | | holder over the age of 18 committed a violation of Section | 6 | | 12-610.2 of this Code in the 6 months prior to the graduated | 7 | | driver's license holder's 18th birthday, and was subsequently | 8 | | convicted of the violation, the provisions of this paragraph | 9 | | shall continue to apply until a period of 6 consecutive months | 10 | | has elapsed without an additional violation of Section 12-610.2 | 11 | | of this Code. | 12 | | (Source: P.A. 96-607, eff. 8-24-09; 97-229, eff. 7-28-11.)
| 13 | | (625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
| 14 | | Sec. 6-108. Cancellation of license issued to minor.
| 15 | | (a) The Secretary of State shall cancel the license or | 16 | | permit of any minor
under the age of 18 years in any of the | 17 | | following events:
| 18 | | 1. Upon the verified written request of the person who | 19 | | consented to the
application of the minor that the license | 20 | | or
permit be cancelled;
| 21 | | 2. Upon receipt of satisfactory evidence of the death | 22 | | of the person who
consented to the application of the | 23 | | minor;
| 24 | | 3. Upon receipt of satisfactory evidence that the | 25 | | person who consented
to the application of a minor no |
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| 1 | | longer has legal custody of the
minor;
| 2 | | 4. Upon
receipt of information, submitted on a form | 3 | | prescribed by the Secretary of State
under Section 26-3a of | 4 | | the School Code and provided voluntarily by
nonpublic | 5 | | schools, that a license-holding minor no longer meets the | 6 | | school
attendance requirements defined in Section 6-107 of | 7 | | this Code.
| 8 | | A minor who provides proof acceptable to the Secretary | 9 | | that the minor has resumed regular school attendance or | 10 | | home instruction or that his or her license or permit was | 11 | | cancelled in error shall have his or her license | 12 | | reinstated. The Secretary shall adopt rules for | 13 | | implementing this subdivision (a)4.
| 14 | | After cancellation, the Secretary of State shall not issue | 15 | | a new
license or permit until the applicant meets the | 16 | | provisions of Section
6-107 of this Code.
| 17 | | (b) The Secretary of State shall cancel the license or | 18 | | permit of any
person under the age of 18 years if he or she is | 19 | | convicted of violating
the Cannabis Control Act, the Illinois
| 20 | | Controlled Substances Act, or the Methamphetamine Control and | 21 | | Community Protection Act while that person was in actual | 22 | | physical
control of a motor vehicle.
For purposes of this | 23 | | Section, any person placed on probation under Section
10 of the | 24 | | Cannabis Control Act, Section 410 of the Illinois Controlled
| 25 | | Substances Act, or Section 70 of the Methamphetamine Control | 26 | | and Community Protection Act shall not be considered convicted.
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| 1 | | Any person found guilty of this offense,
while in actual | 2 | | physical control of a motor vehicle, shall have an entry
made | 3 | | in the court record by the judge that this offense did occur
| 4 | | while the person was in actual physical control of a motor | 5 | | vehicle and
order the clerk of the court to report the | 6 | | violation to the Secretary of
State as such. After the | 7 | | cancellation, the Secretary of State
shall not issue a new | 8 | | license or permit for a period of one year after the
date of | 9 | | cancellation or until the minor attains the age of 18 years,
| 10 | | whichever is longer.
However, upon application, the Secretary | 11 | | of State
may, if satisfied that the person applying will not | 12 | | endanger the public
safety, or welfare, issue a restricted | 13 | | driving permit granting the
privilege of driving a motor | 14 | | vehicle between the person's residence and
person's place of | 15 | | employment or within the scope of the person's employment | 16 | | related
duties, or to allow transportation for
the person or a | 17 | | household member of the person's family for the receipt of
| 18 | | necessary medical care or, if the professional evaluation | 19 | | indicates,
provide transportation for the petitioner for | 20 | | alcohol remedial or
rehabilitative activity, or for the person | 21 | | to attend classes, as a student,
in an accredited educational | 22 | | institution; if the person is able to
demonstrate that no | 23 | | alternative means of transportation is reasonably
available; | 24 | | provided that the Secretary's discretion shall be limited to
| 25 | | cases where undue hardship would result from a failure to issue | 26 | | such
restricted driving permit. In each case the Secretary of |
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| 1 | | State may issue
a restricted driving permit for a period as he
| 2 | | deems appropriate,
except that the permit shall expire within | 3 | | one year from the date of
issuance. A restricted driving permit | 4 | | issued hereunder shall be subject to
cancellation, revocation, | 5 | | and suspension by the Secretary of State in like
manner and for | 6 | | like cause as a driver's license issued hereunder may be
| 7 | | cancelled, revoked, or suspended; except that a conviction upon | 8 | | one or more
offenses against laws or ordinances regulating the | 9 | | movement of traffic
shall be deemed sufficient cause for the | 10 | | revocation, suspension, or
cancellation of a restricted | 11 | | driving permit. The Secretary of State may,
as a condition to | 12 | | the issuance of a restricted driving permit, require the
| 13 | | applicant to participate in a driver remedial or rehabilitative
| 14 | | program.
Thereafter, upon reapplication for a license as
| 15 | | provided in Section 6-106 of this Code or a permit as provided | 16 | | in Section
6-105 of this Code and upon payment of the | 17 | | appropriate application fee, the
Secretary of State shall issue | 18 | | the applicant a license as provided in Section
6-106 of this | 19 | | Code or shall issue the applicant a permit as provided in | 20 | | Section 6-105.
| 21 | | (c) The Secretary of State shall cancel the license or | 22 | | permit of any
person under the age of 18 years who is convicted | 23 | | of violating Section 12-610.2 of this Code. After the | 24 | | cancellation, the Secretary of State
may not issue a new | 25 | | license or permit for a period of 6 months after the
date of | 26 | | cancellation or until the minor attains the age of 18 years,
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| 1 | | whichever is longer. | 2 | | (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | 3 | | 95-331, eff. 8-21-07.)
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