Illinois General Assembly - Full Text of Public Act 094-0916
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Public Act 094-0916


 

Public Act 0916 94TH GENERAL ASSEMBLY


 


 
Public Act 094-0916
 
HB1463 Enrolled LRB094 08453 DRH 38658 b

    AN ACT concerning driver's licenses.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
26-3a as follows:
 
    (105 ILCS 5/26-3a)  (from Ch. 122, par. 26-3a)
    Sec. 26-3a. Report of pupils no longer enrolled in school.
    The clerk or secretary of the school board of all school
districts shall furnish quarterly on the first school day of
October, January, April and July to the regional superintendent
and to the Secretary of State a list of pupils, excluding
transferees, who have been expelled or have withdrawn or who
have left school and have been removed from the regular
attendance rolls during the period of time school was in
regular session from the time of the previous quarterly report.
Such list shall include the names and addresses of pupils
formerly in attendance, the names and addresses of persons
having custody or control of such pupils, the reason, if known,
such pupils are no longer in attendance and the date of removal
from the attendance rolls. The list shall also include the
names of: pupils whose withdrawal is due to extraordinary
circumstances, including but not limited to economic or medical
necessity or family hardship, as determined by the criteria
established by the school district; pupils who have re-enrolled
in school since their names were removed from the attendance
rolls; any pupil certified to be a chronic or habitual truant,
as defined in Section 26-2a; and pupils previously certified as
chronic or habitual truants who have resumed regular school
attendance. The regional superintendent shall inform the
county or district truant officer who shall investigate to see
that such pupils are in compliance with the requirements of
this Article.
    Each local school district shall establish, in writing, a
set of criteria for use by the local superintendent of schools
in determining whether a pupil's failure to attend school is
the result of extraordinary circumstances, including but not
limited to economic or medical necessity or family hardship.
    If a pupil re-enrolls in school after his or her name was
removed from the attendance rolls or resumes regular attendance
after being certified a chronic or habitual truant, the pupil
must obtain and forward to the Secretary of State, on a form
designated by the Secretary of State, verification of his or
her re-enrollment. The verification may be in the form of a
signature or seal or in any other form determined by the school
board.
    In addition, the regional superintendent of schools of each
educational service region shall report to the State Board of
Education, in January of 1992 and in January of each year
thereafter, the number and ages of dropouts, as defined in
Section 26-2a, in his educational service region during the
school year that ended in the immediately preceding calendar
year, together with any efforts, activities and programs
undertaken, established, implemented or coordinated by the
regional superintendent of schools that have been effective in
inducing dropouts to re-enroll in school. The State Board of
Education shall, if possible, make available to any person,
upon request, a comparison of drop out rates before and after
the effective date of this amendatory Act of the 94th General
Assembly.
(Source: P.A. 87-303.)
 
    Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-107, 6-107.1, 6-108, and 6-201 as follows:
 
    (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)
    Sec. 6-107. Graduated license.
    (a) The purpose of the Graduated Licensing Program is to
develop safe and mature driving habits in young, inexperienced
drivers and reduce or prevent motor vehicle accidents,
fatalities, and injuries by:
        (1) providing for an increase in the time of practice
    period before granting permission to obtain a driver's
    license;
        (2) strengthening driver licensing and testing
    standards for persons under the age of 21 years;
        (3) sanctioning driving privileges of drivers under
    age 21 who have committed serious traffic violations or
    other specified offenses; and
        (4) setting stricter standards to promote the public's
    health and safety.
    (b) The application of any person under the age of 18
years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the
laws of this State, shall be accompanied by the written consent
of either parent of the applicant; otherwise by the guardian
having custody of the applicant, or in the event there is no
parent or guardian, then by another responsible adult.
    No graduated driver's license shall be issued to any
applicant under 18 years of age, unless the applicant is at
least 16 years of age and has:
        (1) Held a valid instruction permit for a minimum of 3
    months.
        (2) Passed an approved driver education course and
    submits proof of having passed the course as may be
    required.
        (3) certification by the parent, legal guardian, or
    responsible adult that the applicant has had a minimum of
    25 hours of behind-the-wheel practice time and is
    sufficiently prepared and able to safely operate a motor
    vehicle.
    (b-1) No graduated driver's license shall be issued to any
applicant who is under 18 years of age and not legally
emancipated by marriage, unless the applicant has graduated
from a secondary school of this State or any other state, is
enrolled in a course leading to a general educational
development (GED) certificate, has obtained a GED certificate,
is enrolled in an elementary or secondary school or college or
university of this State or any other state and is not a
chronic or habitual truant as provided in Section 26-2a of the
School Code, or is receiving home instruction and submits proof
of meeting any of those requirements at the time of
application.
    An applicant under 18 years of age who provides proof
acceptable to the Secretary that the applicant has resumed
regular school attendance or home instruction or that his or
her application was denied in error shall be eligible to
receive a graduated license if other requirements are met. The
Secretary shall adopt rules for implementing this subsection
(b-1).
    (c) No graduated driver's license or permit shall be issued
to any applicant under 18 years of age who has committed the
offense of operating a motor vehicle without a valid license or
permit in violation of Section 6-101 of this Code and no
graduated driver's license or permit shall be issued to any
applicant under 18 years of age who has committed an offense
that would otherwise result in a mandatory revocation of a
license or permit as provided in Section 6-205 of this Code or
who has been either convicted of or adjudicated a delinquent
based upon a violation of the Cannabis Control Act or the
Illinois Controlled Substances Act, while that individual was
in actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section 10
of the Cannabis Control Act or Section 410 of the Illinois
Controlled Substances Act shall not be considered convicted.
Any person found guilty of this offense, while in actual
physical control of a motor vehicle, shall have an entry made
in the court record by the judge that this offense did occur
while the person was in actual physical control of a motor
vehicle and order the clerk of the court to report the
violation to the Secretary of State as such.
    (d) No graduated driver's license shall be issued for 6
months to any applicant under the age of 18 years who has been
convicted of any offense defined as a serious traffic violation
in this Code or a similar provision of a local ordinance.
    (e) No graduated driver's license holder under the age of
18 years shall operate any motor vehicle, except a motor driven
cycle or motorcycle, with more than one passenger in the front
seat of the motor vehicle and no more passengers in the back
seats than the number of available seat safety belts as set
forth in Section 12-603 of this Code.
    (f) No graduated driver's license holder under the age of
18 shall operate a motor vehicle unless each driver and front
or back seat passenger under the age of 18 is wearing a
properly adjusted and fastened seat safety belt.
    (g) If a graduated driver's license holder is under the age
of 18 when he or she receives the license, for the first 6
months he or she holds the license or until he or she reaches
the age of 18, whichever occurs sooner, the graduated license
holder may not operate a motor vehicle with more than one
passenger in the vehicle who is under the age of 20, unless any
additional passenger or passengers are siblings,
step-siblings, children, or stepchildren of the driver.
(Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
 
    (625 ILCS 5/6-107.1)
    Sec. 6-107.1. Instruction permit for a minor.
    (a) The Secretary of State, upon receiving proper
application and payment of the required fee, may issue an
instruction permit to any person under the age of 18 years who
is not ineligible for a license under paragraphs 1, 3, 4, 5, 7,
or 8 of Section 6-103, after the applicant has successfully
passed such examination as the Secretary of State in his
discretion may prescribe.
        (1) An instruction permit issued under this Section
    shall be valid for a period of 24 months after the date of
    its issuance and shall be restricted, by the Secretary of
    State, to the operation of a motor vehicle by the minor
    only when accompanied by the adult instructor of a driver
    education program during enrollment in the program or when
    practicing with a parent, legal guardian, family member, or
    a person in loco parentis who is 21 years of age or more,
    has a license classification to operate such vehicle and at
    least one year of driving experience, and who is occupying
    a seat beside the driver.
        (2) A 24 month instruction permit for a motor driven
    cycle may be issued to a person 16 or 17 years of age and
    entitles the holder to drive upon the highways during
    daylight under direct supervision of a licensed motor
    driven cycle operator or motorcycle operator 21 years of
    age or older who has a license classification to operate
    such motor driven cycle or motorcycle and at least one year
    of driving experience.
        (3) A 24 month instruction permit for a motorcycle
    other than a motor driven cycle may be issued to a person
    16 or 17 years of age in accordance with the provisions of
    paragraph 2 of Section 6-103 and entitles a holder to drive
    upon the highways during daylight under the direct
    supervision of a licensed motorcycle operator 21 years of
    age or older who has at least one year of driving
    experience.
    (b) An instruction permit issued under this Section when
issued to a person under the age of 17 years shall, as a matter
of law, be invalid for the operation of any motor vehicle
during the same time the child is prohibited from being on any
street or highway under the provisions of the Child Curfew Act.
    (b-1) No instruction permit shall be issued to any
applicant who is under the age of 18 years and who has been
certified to be a chronic or habitual truant, as defined in
Section 26-2a of the School Code.
    An applicant under the age of 18 years who provides proof
that he or she has resumed regular school attendance or that
his or her application was denied in error shall be eligible to
receive an instruction permit if other requirements are met.
The Secretary shall adopt rules for implementing this
subsection (b-1).
    (c) Any person under the age of 16 years who possesses an
instruction permit and whose driving privileges have been
suspended or revoked under the provisions of this Code shall
not be granted a Family Financial Responsibility Driving Permit
or a Restricted Driving Permit.
(Source: P.A. 90-369, eff. 1-1-98.)
 
    (625 ILCS 5/6-108)  (from Ch. 95 1/2, par. 6-108)
    Sec. 6-108. Cancellation of license issued to minor.
    (a) The Secretary of State shall cancel the license or
permit of any minor under the age of 18 years in any of the
following events:
        1. Upon the verified written request of the person who
    consented to the application of the minor that the license
    or permit be cancelled;
        2. Upon receipt of satisfactory evidence of the death
    of the person who consented to the application of the
    minor;
        3. Upon receipt of satisfactory evidence that the
    person who consented to the application of a minor no
    longer has legal custody of the minor; .
        4. Upon receipt of information, submitted on a form
    prescribed by the Secretary of State under Section 26-3a of
    the School Code and provided voluntarily by nonpublic
    schools, that a license-holding minor no longer meets the
    school attendance requirements defined in Section 6-107 of
    this Code.
        A minor who provides proof acceptable to the Secretary
    that the minor has resumed regular school attendance or
    home instruction or that his or her license or permit was
    cancelled in error shall have his or her license
    reinstated. The Secretary shall adopt rules for
    implementing this subdivision (a) 4.
    After cancellation, the Secretary of State shall not issue
a new license or permit until the applicant meets the
provisions of Section 6-107 of this Code.
    (b) The Secretary of State shall cancel the license or
permit of any person under the age of 18 years if he or she is
convicted of violating the Cannabis Control Act or the Illinois
Controlled Substances Act while that person was in actual
physical control of a motor vehicle. For purposes of this
Section, any person placed on probation under Section 10 of the
Cannabis Control Act or Section 410 of the Illinois Controlled
Substances Act shall not be considered convicted. Any person
found guilty of this offense, while in actual physical control
of a motor vehicle, shall have an entry made in the court
record by the judge that this offense did occur while the
person was in actual physical control of a motor vehicle and
order the clerk of the court to report the violation to the
Secretary of State as such. After the cancellation, the
Secretary of State shall not issue a new license or permit for
a period of one year after the date of cancellation or until
the minor attains the age of 18 years, whichever is longer.
However, upon application, the Secretary of State may, if
satisfied that the person applying will not endanger the public
safety, or welfare, issue a restricted driving permit granting
the privilege of driving a motor vehicle between the person's
residence and person's place of employment or within the scope
of the person's employment related duties, or to allow
transportation for the person or a household member of the
person's family for the receipt of necessary medical care or,
if the professional evaluation indicates, provide
transportation for the petitioner for alcohol remedial or
rehabilitative activity, or for the person to attend classes,
as a student, in an accredited educational institution; if the
person is able to demonstrate that no alternative means of
transportation is reasonably available; provided that the
Secretary's discretion shall be limited to cases where undue
hardship would result from a failure to issue such restricted
driving permit. In each case the Secretary of State may issue a
restricted driving permit for a period as he deems appropriate,
except that the permit shall expire within one year from the
date of issuance. A restricted driving permit issued hereunder
shall be subject to cancellation, revocation, and suspension by
the Secretary of State in like manner and for like cause as a
driver's license issued hereunder may be cancelled, revoked, or
suspended; except that a conviction upon one or more offenses
against laws or ordinances regulating the movement of traffic
shall be deemed sufficient cause for the revocation,
suspension, or cancellation of a restricted driving permit. The
Secretary of State may, as a condition to the issuance of a
restricted driving permit, require the applicant to
participate in a driver remedial or rehabilitative program.
Thereafter, upon reapplication for a license as provided in
Section 6-106 of this Code or a permit as provided in Section
6-105 of this Code and upon payment of the appropriate
application fee, the Secretary of State shall issue the
applicant a license as provided in Section 6-106 of this Code
or shall issue the applicant a permit as provided in Section
6-105.
(Source: P.A. 86-1450; 87-1114.)
 
    (625 ILCS 5/6-201)  (from Ch. 95 1/2, par. 6-201)
    Sec. 6-201. Authority to cancel licenses and permits.
    (a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
        1. was not entitled to the issuance thereof hereunder;
    or
        2. failed to give the required or correct information
    in his application; or
        3. failed to pay any fees, civil penalties owed to the
    Illinois Commerce Commission, or taxes due under this Act
    and upon reasonable notice and demand; or
        4. committed any fraud in the making of such
    application; or
        5. is ineligible therefor under the provisions of
    Section 6-103 of this Act, as amended; or
        6. has refused or neglected to submit an alcohol, drug,
    and intoxicating compound evaluation or to submit to
    examination or re-examination as required under this Act;
    or
        7. has been convicted of violating the Cannabis Control
    Act, the Illinois Controlled Substances Act, or the Use of
    Intoxicating Compounds Act while that individual was in
    actual physical control of a motor vehicle. For purposes of
    this Section, any person placed on probation under Section
    10 of the Cannabis Control Act or Section 410 of the
    Illinois Controlled Substances Act shall not be considered
    convicted. Any person found guilty of this offense, while
    in actual physical control of a motor vehicle, shall have
    an entry made in the court record by the judge that this
    offense did occur while the person was in actual physical
    control of a motor vehicle and order the clerk of the court
    to report the violation to the Secretary of State as such.
    After the cancellation, the Secretary of State shall not
    issue a new license or permit for a period of one year
    after the date of cancellation. However, upon application,
    the Secretary of State may, if satisfied that the person
    applying will not endanger the public safety, or welfare,
    issue a restricted driving permit granting the privilege of
    driving a motor vehicle between the person's residence and
    person's place of employment or within the scope of the
    person's employment related duties, or to allow
    transportation for the person or a household member of the
    person's family for the receipt of necessary medical care
    or, if the professional evaluation indicates, provide
    transportation for the petitioner for alcohol remedial or
    rehabilitative activity, or for the person to attend
    classes, as a student, in an accredited educational
    institution; if the person is able to demonstrate that no
    alternative means of transportation is reasonably
    available; provided that the Secretary's discretion shall
    be limited to cases where undue hardship would result from
    a failure to issue such restricted driving permit. In each
    case the Secretary of State may issue such restricted
    driving permit for such period as he deems appropriate,
    except that such permit shall expire within one year from
    the date of issuance. A restricted driving permit issued
    hereunder shall be subject to cancellation, revocation and
    suspension by the Secretary of State in like manner and for
    like cause as a driver's license issued hereunder may be
    cancelled, revoked or suspended; except that a conviction
    upon one or more offenses against laws or ordinances
    regulating the movement of traffic shall be deemed
    sufficient cause for the revocation, suspension or
    cancellation of a restricted driving permit. The Secretary
    of State may, as a condition to the issuance of a
    restricted driving permit, require the applicant to
    participate in a driver remedial or rehabilitative
    program; or
        8. failed to submit a report as required by Section
    6-116.5 of this Code; or .
        9. is ineligible for a license or permit under Section
    6-107, 6-107.1, or 6-108 of this Code.
    (b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
Secretary of State shall have exclusive authority to grant,
issue, deny, cancel, suspend and revoke driving privileges,
drivers' licenses and restricted driving permits.
(Source: P.A. 89-92, eff. 7-1-96; 89-584, eff. 7-31-96; 90-779,
eff. 1-1-99.)
 
    Section 99. Effective date. This Act takes effect July 1,
2007.

Effective Date: 7/1/2007