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Public Act 098-0168
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| HB1009 Enrolled | LRB098 07991 MLW 38081 b |
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AN ACT concerning transportation, which may be referred to |
as "Kelsey's Law".
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 6-107, 6-108, and 6-301.3 as follows:
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(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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Sec. 6-107. Graduated license.
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(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,
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fatalities,
and injuries by:
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(1) providing for an increase in the time of practice |
period before
granting
permission to obtain a driver's |
license;
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(2) strengthening driver licensing and testing |
standards for persons under
the age of 21 years;
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(3) sanctioning driving privileges of drivers under |
age 21 who have
committed serious traffic violations or |
other specified offenses; and
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(4) setting stricter standards to promote the public's |
health and
safety.
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(b) The application of any person under
the age of 18 |
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years, and not legally emancipated, for a drivers
license or |
permit to operate a motor vehicle issued under the laws of this
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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. The written |
consent must accompany any application for a driver's license |
under this subsection (b), regardless of whether or not the |
required written consent also accompanied the person's |
previous application for an instruction permit.
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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:
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(1) Held a valid instruction permit for a minimum of 9 |
months.
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(2) Passed an approved driver education course
and |
submits proof of having passed the course as may
be |
required.
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(3) Certification by the parent, legal guardian, or |
responsible adult that
the applicant has had a minimum of |
50 hours of behind-the-wheel practice time, at least 10 |
hours of which have been at night,
and is sufficiently |
prepared and able to safely operate a motor vehicle.
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(b-1) No graduated
driver's license shall be issued to any |
applicant who is under 18 years of age
and not legally |
emancipated, unless the applicant has graduated
from a |
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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.
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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).
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(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
or a similar |
out of state offense and no graduated driver's
license or |
permit shall be issued to any applicant under 18 years of age
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who has committed an offense that would otherwise result in a
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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, the Illinois Controlled
Substances Act, |
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the Use of Intoxicating Compounds Act, or the Methamphetamine |
Control and Community Protection 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, Section 410 of the Illinois
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Controlled Substances Act, or Section 70 of the Methamphetamine |
Control and Community Protection 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
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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.
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(d) No graduated driver's license shall be issued for 9 |
months to any
applicant
under
the
age of 18 years who has |
committed and subsequently been convicted of an offense against |
traffic regulations governing the movement of vehicles, any |
violation of this Section or Section 12-603.1 of this Code, or |
who has received a disposition of court supervision for a |
violation of Section 6-20 of the Illinois Liquor Control Act of |
1934 or a similar provision of a local ordinance.
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(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 |
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forth in Section 12-603 of this Code. If a graduated driver's |
license holder over the age of 18 committed an offense against |
traffic regulations governing the movement of vehicles or any |
violation of this Section or Section 12-603.1 of this Code in |
the 6 months prior to the graduated driver's license holder's |
18th birthday, and was subsequently convicted of the violation, |
the provisions of this paragraph shall continue to apply until |
such time as a period of 6 consecutive months has elapsed |
without an additional violation and subsequent conviction of an |
offense against traffic regulations governing the movement of |
vehicles or any violation of this Section or Section 12-603.1 |
of this Code.
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(f) (Blank).
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(g) If a graduated driver's license holder is under the age |
of 18 when he
or she receives the license, for the first 12 |
months he or she holds the license
or
until he or she reaches |
the age of 18, whichever occurs sooner, the graduated
license
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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. If a |
graduated driver's license holder committed an offense against |
traffic regulations governing the movement of vehicles or any |
violation of this Section or Section 12-603.1 of this Code |
during the first 12 months the license is held and subsequently |
is convicted of the violation, the provisions of this paragraph |
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shall remain in effect until such time as a period of 6 |
consecutive months has elapsed without an additional violation |
and subsequent conviction of an offense against traffic |
regulations governing the movement of vehicles or any violation |
of this Section or Section 12-603.1 of this Code.
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(h) It shall be an offense for a person that is age 15, but |
under age 20, to be a passenger in a vehicle operated by a |
driver holding a graduated driver's license during the first 12 |
months the driver holds the license or until the driver reaches |
the age of 18, whichever occurs sooner, if another passenger |
under the age of 20 is present, excluding a sibling, |
step-sibling, child, or step-child of the driver.
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(i) No graduated driver's license shall be issued to any |
applicant under the age of 18 years if the applicant has been |
issued a traffic citation for which a disposition has not been |
rendered at the time of application. |
(Source: P.A. 96-607, eff. 8-24-09; 97-229, eff. 7-28-11; |
97-835, eff. 7-20-12.)
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(625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
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Sec. 6-108. Cancellation of license issued to minor.
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(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:
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1. Upon the verified written request of the person who |
consented to the
application of the minor that the license |
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or
permit be cancelled;
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2. Upon receipt of satisfactory evidence of the death |
of the person who
consented to the application of the |
minor;
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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;
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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.
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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.
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5. Upon determination by the Secretary that at the time |
of license issuance, the minor held an instruction permit |
and had a traffic citation for which a disposition had not |
been rendered. |
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.
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(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, the Illinois
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Controlled Substances Act, or the Methamphetamine Control and |
Community Protection 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, Section 410 of the Illinois Controlled
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Substances Act, or Section 70 of the Methamphetamine Control |
and Community Protection Act shall not be considered convicted.
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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
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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,
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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 |
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household member of the person's family for the receipt of
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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
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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
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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
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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
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applicant to participate in a driver remedial or rehabilitative
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program.
Thereafter, upon reapplication for a license as
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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 |
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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.
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(Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; |
95-331, eff. 8-21-07.)
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(625 ILCS 5/6-301.3)
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Sec. 6-301.3. Invalidation of a driver's license or permit.
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(a) The Secretary of State may invalidate a driver's |
license or permit:
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(1) when the holder voluntarily surrenders the license |
or permit and
declares
his or her intention to do so in |
writing to the Secretary;
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(2) when the Secretary receives a certified court order |
indicating the
holder
is to refrain from driving;
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(3) upon the death of the holder; or
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(4) as the Secretary deems appropriate by |
administrative rule.
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(b) A driver's license or permit invalidated under this |
Section shall
nullify the holder's driving privileges. If a |
license is invalidated under
subdivision (a)(3) of this |
Section, the actual
license
or permit may be released to a |
relative
of the decedent; provided, the actual license or |
permit bears a readily
identifiable designation evidencing |
invalidation as prescribed by the
Secretary.
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(c) If a driver is issued a citation for any violation of |
this Code or a similar local ordinance and the violation is the |
proximate cause of the death or Type A injury of another, the |
prosecuting authority may ask the court to enter an order |
invalidating the driver's license or permit under paragraph (2) |
of subsection (a) of this Section. For purposes of this |
Section, Type A injury has the meaning ascribed in Section |
6-108.1 of this Code. |
(Source: P.A. 91-357, eff. 7-29-99.)
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