Bill Text: IL HB1009 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides the Act may be cited as "Kelsey's Law". Prohibits the issuance of a graduated driver's license to a person under 18 if the person has a traffic citation for which a disposition has not been rendered. Allows the Secretary of State to cancel a minor's driver's license if the Secretary determines 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. Allows prosecutors to request the court to invalidate any driver's license if the driver is convicted of a violation of the Illinois Vehicle Code or similar local ordinance, the violation of which was the proximate cause of the death or Type A injury of another.
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Passed) 2013-08-05 - Public Act . . . . . . . . . 98-0168 [HB1009 Detail]
Download: Illinois-2013-HB1009-Engrossed.html
Bill Title: Amends the Illinois Vehicle Code. Provides the Act may be cited as "Kelsey's Law". Prohibits the issuance of a graduated driver's license to a person under 18 if the person has a traffic citation for which a disposition has not been rendered. Allows the Secretary of State to cancel a minor's driver's license if the Secretary determines 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. Allows prosecutors to request the court to invalidate any driver's license if the driver is convicted of a violation of the Illinois Vehicle Code or similar local ordinance, the violation of which was the proximate cause of the death or Type A injury of another.
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Passed) 2013-08-05 - Public Act . . . . . . . . . 98-0168 [HB1009 Detail]
Download: Illinois-2013-HB1009-Engrossed.html
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1 | AN ACT concerning transportation, which may be referred to | ||||||
2 | as "Kelsey's Law".
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
6 | Sections 6-107, 6-108, and 6-301.3 as follows:
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7 | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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8 | Sec. 6-107. Graduated license.
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9 | (a) The purpose of the Graduated
Licensing Program is to | ||||||
10 | develop safe and mature driving habits in young,
inexperienced | ||||||
11 | drivers and reduce or prevent motor vehicle accidents,
| ||||||
12 | fatalities,
and injuries by:
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13 | (1) providing for an increase in the time of practice | ||||||
14 | period before
granting
permission to obtain a driver's | ||||||
15 | license;
| ||||||
16 | (2) strengthening driver licensing and testing | ||||||
17 | standards for persons under
the age of 21 years;
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18 | (3) sanctioning driving privileges of drivers under | ||||||
19 | age 21 who have
committed serious traffic violations or | ||||||
20 | other specified offenses; and
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21 | (4) setting stricter standards to promote the public's | ||||||
22 | health and
safety.
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23 | (b) The application of any person under
the age of 18 |
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1 | years, and not legally emancipated, for a drivers
license or | ||||||
2 | permit to operate a motor vehicle issued under the laws of this
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3 | State, shall be accompanied by the written consent of either | ||||||
4 | parent of the
applicant; otherwise by the guardian having | ||||||
5 | custody of the applicant, or
in the event there is no parent or | ||||||
6 | guardian, then by another responsible adult. The written | ||||||
7 | consent must accompany any application for a driver's license | ||||||
8 | under this subsection (b), regardless of whether or not the | ||||||
9 | required written consent also accompanied the person's | ||||||
10 | previous application for an instruction permit.
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11 | No graduated driver's license shall be issued to any | ||||||
12 | applicant under 18
years
of age, unless the applicant is at | ||||||
13 | least 16 years of age and has:
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14 | (1) Held a valid instruction permit for a minimum of 9 | ||||||
15 | months.
| ||||||
16 | (2) Passed an approved driver education course
and | ||||||
17 | submits proof of having passed the course as may
be | ||||||
18 | required.
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19 | (3) Certification by the parent, legal guardian, or | ||||||
20 | responsible adult that
the applicant has had a minimum of | ||||||
21 | 50 hours of behind-the-wheel practice time, at least 10 | ||||||
22 | hours of which have been at night,
and is sufficiently | ||||||
23 | prepared and able to safely operate a motor vehicle.
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24 | (b-1) No graduated
driver's license shall be issued to any | ||||||
25 | applicant who is under 18 years of age
and not legally | ||||||
26 | emancipated, unless the applicant has graduated
from a |
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1 | secondary school of this State or any other state, is enrolled | ||||||
2 | in a
course leading to a general educational development (GED) | ||||||
3 | certificate, has
obtained a GED certificate, is enrolled in an | ||||||
4 | elementary or secondary school or college or university
of this | ||||||
5 | State or any other state and is not a chronic or habitual | ||||||
6 | truant as provided in Section 26-2a of the School Code, or is | ||||||
7 | receiving home instruction and submits proof of meeting any of | ||||||
8 | those
requirements at the time of application.
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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).
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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
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22 | who has committed an offense that would otherwise result in a
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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
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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
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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.
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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.
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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.
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13 | (f) (Blank).
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14 | (g) If a graduated driver's license holder is under the age | ||||||
15 | of 18 when he
or she receives the license, for the first 12 | ||||||
16 | months he or she holds the license
or
until he or she reaches | ||||||
17 | the age of 18, whichever occurs sooner, the graduated
license
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18 | holder may not operate a motor vehicle with more than one | ||||||
19 | passenger in the
vehicle
who is under the age of 20, unless any | ||||||
20 | additional passenger or passengers are
siblings, | ||||||
21 | step-siblings, children, or stepchildren of the driver. If a | ||||||
22 | graduated driver's license holder committed an offense against | ||||||
23 | traffic regulations governing the movement of vehicles or any | ||||||
24 | violation of this Section or Section 12-603.1 of this Code | ||||||
25 | during the first 12 months the license is held and subsequently | ||||||
26 | is convicted of the violation, the provisions of this paragraph |
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1 | shall remain in effect until such time as a period of 6 | ||||||
2 | consecutive months has elapsed without an additional violation | ||||||
3 | and subsequent conviction of an offense against traffic | ||||||
4 | regulations governing the movement of vehicles or any violation | ||||||
5 | of this Section or Section 12-603.1 of this Code.
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6 | (h) It shall be an offense for a person that is age 15, but | ||||||
7 | under age 20, to be a passenger in a vehicle operated by a | ||||||
8 | driver holding a graduated driver's license during the first 12 | ||||||
9 | months the driver holds the license or until the driver reaches | ||||||
10 | the age of 18, whichever occurs sooner, if another passenger | ||||||
11 | under the age of 20 is present, excluding a sibling, | ||||||
12 | step-sibling, child, or step-child of the driver.
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13 | (i) No graduated driver's license shall be issued to any | ||||||
14 | applicant under the age of 18 years if the applicant has been | ||||||
15 | issued a traffic citation for which a disposition has not been | ||||||
16 | rendered at the time of application. | ||||||
17 | (Source: P.A. 96-607, eff. 8-24-09; 97-229, eff. 7-28-11; | ||||||
18 | 97-835, eff. 7-20-12.)
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19 | (625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
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20 | Sec. 6-108. Cancellation of license issued to minor.
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21 | (a) The Secretary of State shall cancel the license or | ||||||
22 | permit of any minor
under the age of 18 years in any of the | ||||||
23 | following events:
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24 | 1. Upon the verified written request of the person who | ||||||
25 | consented to the
application of the minor that the license |
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1 | or
permit be cancelled;
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2 | 2. Upon receipt of satisfactory evidence of the death | ||||||
3 | of the person who
consented to the application of the | ||||||
4 | minor;
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5 | 3. Upon receipt of satisfactory evidence that the | ||||||
6 | person who consented
to the application of a minor no | ||||||
7 | longer has legal custody of the
minor;
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8 | 4. Upon
receipt of information, submitted on a form | ||||||
9 | prescribed by the Secretary of State
under Section 26-3a of | ||||||
10 | the School Code and provided voluntarily by
nonpublic | ||||||
11 | schools, that a license-holding minor no longer meets the | ||||||
12 | school
attendance requirements defined in Section 6-107 of | ||||||
13 | this Code.
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14 | A minor who provides proof acceptable to the Secretary | ||||||
15 | that the minor has resumed regular school attendance or | ||||||
16 | home instruction or that his or her license or permit was | ||||||
17 | cancelled in error shall have his or her license | ||||||
18 | reinstated. The Secretary shall adopt rules for | ||||||
19 | implementing this subdivision (a)4.
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20 | 5. Upon determination by the Secretary that at the time | ||||||
21 | of license issuance, the minor held an instruction permit | ||||||
22 | and had a traffic citation for which a disposition had not | ||||||
23 | been rendered. | ||||||
24 | After cancellation, the Secretary of State shall not issue | ||||||
25 | a new
license or permit until the applicant meets the | ||||||
26 | provisions of Section
6-107 of this Code.
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1 | (b) The Secretary of State shall cancel the license or | ||||||
2 | permit of any
person under the age of 18 years if he or she is | ||||||
3 | convicted of violating
the Cannabis Control Act, the Illinois
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4 | Controlled Substances Act, or the Methamphetamine Control and | ||||||
5 | Community Protection Act while that person was in actual | ||||||
6 | physical
control of a motor vehicle.
For purposes of this | ||||||
7 | Section, any person placed on probation under Section
10 of the | ||||||
8 | Cannabis Control Act, Section 410 of the Illinois Controlled
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9 | Substances Act, or Section 70 of the Methamphetamine Control | ||||||
10 | and Community Protection Act shall not be considered convicted.
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11 | Any person found guilty of this offense,
while in actual | ||||||
12 | physical control of a motor vehicle, shall have an entry
made | ||||||
13 | in the court record by the judge that this offense did occur
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14 | while the person was in actual physical control of a motor | ||||||
15 | vehicle and
order the clerk of the court to report the | ||||||
16 | violation to the Secretary of
State as such. After the | ||||||
17 | cancellation, the Secretary of State
shall not issue a new | ||||||
18 | license or permit for a period of one year after the
date of | ||||||
19 | cancellation or until the minor attains the age of 18 years,
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20 | whichever is longer.
However, upon application, the Secretary | ||||||
21 | of State
may, if satisfied that the person applying will not | ||||||
22 | endanger the public
safety, or welfare, issue a restricted | ||||||
23 | driving permit granting the
privilege of driving a motor | ||||||
24 | vehicle between the person's residence and
person's place of | ||||||
25 | employment or within the scope of the person's employment | ||||||
26 | related
duties, or to allow transportation for
the person or a |
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1 | household member of the person's family for the receipt of
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2 | necessary medical care or, if the professional evaluation | ||||||
3 | indicates,
provide transportation for the petitioner for | ||||||
4 | alcohol remedial or
rehabilitative activity, or for the person | ||||||
5 | to attend classes, as a student,
in an accredited educational | ||||||
6 | institution; if the person is able to
demonstrate that no | ||||||
7 | alternative means of transportation is reasonably
available; | ||||||
8 | provided that the Secretary's discretion shall be limited to
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9 | cases where undue hardship would result from a failure to issue | ||||||
10 | such
restricted driving permit. In each case the Secretary of | ||||||
11 | State may issue
a restricted driving permit for a period as he
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12 | deems appropriate,
except that the permit shall expire within | ||||||
13 | one year from the date of
issuance. A restricted driving permit | ||||||
14 | issued hereunder shall be subject to
cancellation, revocation, | ||||||
15 | and suspension by the Secretary of State in like
manner and for | ||||||
16 | like cause as a driver's license issued hereunder may be
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17 | cancelled, revoked, or suspended; except that a conviction upon | ||||||
18 | one or more
offenses against laws or ordinances regulating the | ||||||
19 | movement of traffic
shall be deemed sufficient cause for the | ||||||
20 | revocation, suspension, or
cancellation of a restricted | ||||||
21 | driving permit. The Secretary of State may,
as a condition to | ||||||
22 | the issuance of a restricted driving permit, require the
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23 | applicant to participate in a driver remedial or rehabilitative
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24 | program.
Thereafter, upon reapplication for a license as
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25 | provided in Section 6-106 of this Code or a permit as provided | ||||||
26 | in Section
6-105 of this Code and upon payment of the |
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1 | appropriate application fee, the
Secretary of State shall issue | ||||||
2 | the applicant a license as provided in Section
6-106 of this | ||||||
3 | Code or shall issue the applicant a permit as provided in | ||||||
4 | Section 6-105.
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5 | (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | ||||||
6 | 95-331, eff. 8-21-07.)
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7 | (625 ILCS 5/6-301.3)
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8 | Sec. 6-301.3. Invalidation of a driver's license or permit.
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9 | (a) The Secretary of State may invalidate a driver's | ||||||
10 | license or permit:
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11 | (1) when the holder voluntarily surrenders the license | ||||||
12 | or permit and
declares
his or her intention to do so in | ||||||
13 | writing to the Secretary;
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14 | (2) when the Secretary receives a certified court order | ||||||
15 | indicating the
holder
is to refrain from driving;
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16 | (3) upon the death of the holder; or
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17 | (4) as the Secretary deems appropriate by | ||||||
18 | administrative rule.
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19 | (b) A driver's license or permit invalidated under this | ||||||
20 | Section shall
nullify the holder's driving privileges. If a | ||||||
21 | license is invalidated under
subdivision (a)(3) of this | ||||||
22 | Section, the actual
license
or permit may be released to a | ||||||
23 | relative
of the decedent; provided, the actual license or | ||||||
24 | permit bears a readily
identifiable designation evidencing | ||||||
25 | invalidation as prescribed by the
Secretary.
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1 | (c) If a driver is issued a citation for any violation of | ||||||
2 | this Code or a similar local ordinance and the violation is the | ||||||
3 | proximate cause of the death or Type A injury of another, the | ||||||
4 | prosecuting authority may ask the court to enter an order | ||||||
5 | invalidating the driver's license or permit under paragraph (2) | ||||||
6 | of subsection (a) of this Section. For purposes of this | ||||||
7 | Section, Type A injury has the meaning ascribed in Section | ||||||
8 | 6-108.1 of this Code. | ||||||
9 | (Source: P.A. 91-357, eff. 7-29-99.)
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