Illinois General Assembly - Full Text of HB5325
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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

    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.


LRB097 17661 HEP 62870 b

 

 

A BILL FOR

 

HB5325LRB097 17661 HEP 62870 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 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
9develop safe and mature driving habits in young, inexperienced
10drivers and reduce or prevent motor vehicle accidents,
11fatalities, 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
23years, and not legally emancipated by marriage, for a drivers

 

 

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1license or permit to operate a motor vehicle issued under the
2laws of this State, shall be accompanied by the written consent
3of either parent of the applicant; otherwise by the guardian
4having custody of the applicant, or in the event there is no
5parent or guardian, then by another responsible adult. The
6written consent must accompany any application for a driver's
7license under this subsection (b), regardless of whether or not
8the required written consent also accompanied the person's
9previous application for an instruction permit.
10    No graduated driver's license shall be issued to any
11applicant under 18 years of age, unless the applicant is at
12least 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
24applicant who is under 18 years of age and not legally
25emancipated by marriage, unless the applicant has graduated
26from a secondary school of this State or any other state, is

 

 

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1enrolled in a course leading to a general educational
2development (GED) certificate, has obtained a GED certificate,
3is enrolled in an elementary or secondary school or college or
4university of this State or any other state and is not a
5chronic or habitual truant as provided in Section 26-2a of the
6School Code, or is receiving home instruction and submits proof
7of meeting any of those requirements at the time of
8application.
9    An applicant under 18 years of age who provides proof
10acceptable to the Secretary that the applicant has resumed
11regular school attendance or home instruction or that his or
12her application was denied in error shall be eligible to
13receive a graduated license if other requirements are met. The
14Secretary shall adopt rules for implementing this subsection
15(b-1).
16    (c) No graduated driver's license or permit shall be issued
17to any applicant under 18 years of age who has committed the
18offense of operating a motor vehicle without a valid license or
19permit in violation of Section 6-101 of this Code or a similar
20out of state offense and no graduated driver's license or
21permit shall be issued to any applicant under 18 years of age
22who has committed an offense that would otherwise result in a
23mandatory revocation of a license or permit as provided in
24Section 6-205 of this Code or who has been either convicted of
25or adjudicated a delinquent based upon a violation of the
26Cannabis Control Act, the Illinois Controlled Substances Act,

 

 

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1the Use of Intoxicating Compounds Act, or the Methamphetamine
2Control and Community Protection Act while that individual was
3in actual physical control of a motor vehicle. For purposes of
4this Section, any person placed on probation under Section 10
5of the Cannabis Control Act, Section 410 of the Illinois
6Controlled Substances Act, or Section 70 of the Methamphetamine
7Control and Community Protection Act shall not be considered
8convicted. Any person found guilty of this offense, while in
9actual physical control of a motor vehicle, shall have an entry
10made in the court record by the judge that this offense did
11occur while the person was in actual physical control of a
12motor vehicle and order the clerk of the court to report the
13violation to the Secretary of State as such.
14    (d) No graduated driver's license shall be issued for 9
15months to any applicant under the age of 18 years who has
16committed and subsequently been convicted of an offense against
17traffic regulations governing the movement of vehicles, any
18violation of this Section or Section 12-603.1 of this Code, or
19who has received a disposition of court supervision for a
20violation of Section 6-20 of the Illinois Liquor Control Act of
211934 or a similar provision of a local ordinance.
22    (e) No graduated driver's license holder under the age of
2318 years shall operate any motor vehicle, except a motor driven
24cycle or motorcycle, with more than one passenger in the front
25seat of the motor vehicle and no more passengers in the back
26seats than the number of available seat safety belts as set

 

 

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1forth in Section 12-603 of this Code. If a graduated driver's
2license holder over the age of 18 committed an offense against
3traffic regulations governing the movement of vehicles or any
4violation of this Section or Section 12-603.1 of this Code in
5the 6 months prior to the graduated driver's license holder's
618th birthday, and was subsequently convicted of the violation,
7the provisions of this paragraph shall continue to apply until
8such time as a period of 6 consecutive months has elapsed
9without an additional violation and subsequent conviction of an
10offense against traffic regulations governing the movement of
11vehicles or any violation of this Section or Section 12-603.1
12of this Code.
13    (f) No graduated driver's license holder under the age of
1418 shall operate a motor vehicle unless each driver and
15passenger under the age of 19 is wearing a properly adjusted
16and fastened seat safety belt and each child under the age of 8
17is protected as required under the Child Passenger Protection
18Act. If a graduated driver's license holder over the age of 18
19committed an offense against traffic regulations governing the
20movement of vehicles or any violation of this Section or
21Section 12-603.1 of this Code in the 6 months prior to the
22graduated driver's license holder's 18th birthday, and was
23subsequently convicted of the violation, the provisions of this
24paragraph shall continue to apply until such time as a period
25of 6 consecutive months has elapsed without an additional
26violation and subsequent conviction of an offense against

 

 

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1traffic regulations governing the movement of vehicles or any
2violation of this Section or Section 12-603.1 of this Code.
3    (g) If a graduated driver's license holder is under the age
4of 18 when he or she receives the license, for the first 12
5months he or she holds the license or until he or she reaches
6the age of 18, whichever occurs sooner, the graduated license
7holder may not operate a motor vehicle with more than one
8passenger in the vehicle who is under the age of 20, unless any
9additional passenger or passengers are siblings,
10step-siblings, children, or stepchildren of the driver. If a
11graduated driver's license holder committed an offense against
12traffic regulations governing the movement of vehicles or any
13violation of this Section or Section 12-603.1 of this Code
14during the first 12 months the license is held and subsequently
15is convicted of the violation, the provisions of this paragraph
16shall remain in effect until such time as a period of 6
17consecutive months has elapsed without an additional violation
18and subsequent conviction of an offense against traffic
19regulations governing the movement of vehicles or any violation
20of 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
22under age 20, to be a passenger in a vehicle operated by a
23driver holding a graduated driver's license during the first 12
24months the driver holds the license or until the driver reaches
25the age of 18, whichever occurs sooner, if another passenger
26under the age of 20 is present, excluding a sibling,

 

 

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1step-sibling, child, or step-child of the driver.
2    (i) A person under the age of 18 who has committed a
3violation of Section 12-610.2 of this Code is not eligible for
4a graduated driver's license. If a graduated driver's license
5holder over the age of 18 committed a violation of Section
612-610.2 of this Code in the 6 months prior to the graduated
7driver's license holder's 18th birthday, and was subsequently
8convicted of the violation, the provisions of this paragraph
9shall continue to apply until a period of 6 consecutive months
10has elapsed without an additional violation of Section 12-610.2
11of 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
16permit of any minor under the age of 18 years in any of the
17following 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
15a new license or permit until the applicant meets the
16provisions of Section 6-107 of this Code.
17    (b) The Secretary of State shall cancel the license or
18permit of any person under the age of 18 years if he or she is
19convicted of violating the Cannabis Control Act, the Illinois
20Controlled Substances Act, or the Methamphetamine Control and
21Community Protection Act while that person was in actual
22physical control of a motor vehicle. For purposes of this
23Section, any person placed on probation under Section 10 of the
24Cannabis Control Act, Section 410 of the Illinois Controlled
25Substances Act, or Section 70 of the Methamphetamine Control
26and Community Protection Act shall not be considered convicted.

 

 

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1Any person found guilty of this offense, while in actual
2physical control of a motor vehicle, shall have an entry made
3in the court record by the judge that this offense did occur
4while the person was in actual physical control of a motor
5vehicle and order the clerk of the court to report the
6violation to the Secretary of State as such. After the
7cancellation, the Secretary of State shall not issue a new
8license or permit for a period of one year after the date of
9cancellation or until the minor attains the age of 18 years,
10whichever is longer. However, upon application, the Secretary
11of State may, if satisfied that the person applying will not
12endanger the public safety, or welfare, issue a restricted
13driving permit granting the privilege of driving a motor
14vehicle between the person's residence and person's place of
15employment or within the scope of the person's employment
16related duties, or to allow transportation for the person or a
17household member of the person's family for the receipt of
18necessary medical care or, if the professional evaluation
19indicates, provide transportation for the petitioner for
20alcohol remedial or rehabilitative activity, or for the person
21to attend classes, as a student, in an accredited educational
22institution; if the person is able to demonstrate that no
23alternative means of transportation is reasonably available;
24provided that the Secretary's discretion shall be limited to
25cases where undue hardship would result from a failure to issue
26such restricted driving permit. In each case the Secretary of

 

 

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1State may issue a restricted driving permit for a period as he
2deems appropriate, except that the permit shall expire within
3one year from the date of issuance. A restricted driving permit
4issued hereunder shall be subject to cancellation, revocation,
5and suspension by the Secretary of State in like manner and for
6like cause as a driver's license issued hereunder may be
7cancelled, revoked, or suspended; except that a conviction upon
8one or more offenses against laws or ordinances regulating the
9movement of traffic shall be deemed sufficient cause for the
10revocation, suspension, or cancellation of a restricted
11driving permit. The Secretary of State may, as a condition to
12the issuance of a restricted driving permit, require the
13applicant to participate in a driver remedial or rehabilitative
14program. Thereafter, upon reapplication for a license as
15provided in Section 6-106 of this Code or a permit as provided
16in Section 6-105 of this Code and upon payment of the
17appropriate application fee, the Secretary of State shall issue
18the applicant a license as provided in Section 6-106 of this
19Code or shall issue the applicant a permit as provided in
20Section 6-105.
21    (c) The Secretary of State shall cancel the license or
22permit of any person under the age of 18 years who is convicted
23of violating Section 12-610.2 of this Code. After the
24cancellation, the Secretary of State may not issue a new
25license or permit for a period of 6 months after the date of
26cancellation or until the minor attains the age of 18 years,

 

 

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1whichever is longer.
2(Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07;
395-331, eff. 8-21-07.)