Bill Text: IL HB4893 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that the applicant's foster parent may provide the: (i) written consent required to accompany an application for a driver's license or permit by a person under the age of 18 years; and (ii) certification that the applicant has had a minimum of 50 hours behind-the-wheel practice time in order for an applicant under 18 years of age to be issued a driver's license.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB4893 Detail]
Download: Illinois-2019-HB4893-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-107 as follows:
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6 | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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7 | Sec. 6-107. Graduated license.
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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,
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11 | fatalities,
and injuries by:
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12 | (1) providing for an increase in the time of practice | |||||||||||||||||||
13 | period before
granting
permission to obtain a driver's | |||||||||||||||||||
14 | license;
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15 | (2) strengthening driver licensing and testing | |||||||||||||||||||
16 | standards for persons under
the age of 21 years;
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17 | (3) sanctioning driving privileges of drivers under | |||||||||||||||||||
18 | age 21 who have
committed serious traffic violations or | |||||||||||||||||||
19 | other specified offenses; and
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20 | (4) setting stricter standards to promote the public's | |||||||||||||||||||
21 | health and
safety.
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22 | (b) The application of any person under
the age of 18 | |||||||||||||||||||
23 | years, and not legally emancipated, for a driver's 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 or | ||||||
4 | foster parent having custody of the applicant, or
in the event | ||||||
5 | there is no parent , or guardian, or foster parent, then by | ||||||
6 | another responsible adult. The written consent must accompany | ||||||
7 | any application for a driver's license under this subsection | ||||||
8 | (b), regardless of whether or not the required written consent | ||||||
9 | also accompanied the person's previous application for an | ||||||
10 | 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.
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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, | ||||||
20 | foster parent, or responsible adult that
the applicant has | ||||||
21 | had a minimum of 50 hours of behind-the-wheel practice | ||||||
22 | time, at least 10 hours of which have been at night,
and is | ||||||
23 | sufficiently prepared and able to safely operate a motor | ||||||
24 | vehicle.
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25 | (b-1) No graduated
driver's license shall be issued to any | ||||||
26 | applicant who is under 18 years of age
and not legally |
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1 | emancipated, unless the applicant has graduated
from a | ||||||
2 | secondary school of this State or any other state, is enrolled | ||||||
3 | in a
course leading to a high school equivalency certificate, | ||||||
4 | has
obtained a high school equivalency certificate, is enrolled | ||||||
5 | in an elementary or secondary school or college or university
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6 | of this State or any other state and is not a chronic or | ||||||
7 | habitual truant as provided in Section 26-2a of the School | ||||||
8 | Code, or is receiving home instruction and submits proof of | ||||||
9 | meeting any of those
requirements at the time of application.
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10 | An applicant under 18 years of age who provides proof | ||||||
11 | acceptable to the Secretary that the applicant has resumed | ||||||
12 | regular school attendance or home instruction or that his or | ||||||
13 | her application was denied in error shall be eligible to | ||||||
14 | receive a graduated license if other requirements are met. The | ||||||
15 | Secretary shall adopt rules for implementing this subsection | ||||||
16 | (b-1).
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17 | (c) No graduated driver's license or permit shall be issued | ||||||
18 | to
any applicant under 18
years of age who has committed the | ||||||
19 | offense of operating a motor vehicle
without a valid license or | ||||||
20 | permit in violation of Section 6-101 of this Code
or a similar | ||||||
21 | out of state offense and no graduated driver's
license or | ||||||
22 | permit shall be issued to any applicant under 18 years of age
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23 | who has committed an offense that would otherwise result in a
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24 | mandatory revocation of a license or permit as provided in | ||||||
25 | Section 6-205 of
this Code or who has been either convicted of | ||||||
26 | or adjudicated a delinquent based
upon a violation of the |
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1 | Cannabis Control Act, the Illinois Controlled
Substances Act, | ||||||
2 | the Use of Intoxicating Compounds Act, or the Methamphetamine | ||||||
3 | Control and Community Protection Act while that individual was | ||||||
4 | in actual physical control of a motor
vehicle. For purposes of | ||||||
5 | this Section, any person placed on probation under
Section 10 | ||||||
6 | of the Cannabis Control Act, Section 410 of the Illinois
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7 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
8 | Control and Community Protection Act shall not be considered | ||||||
9 | convicted. Any person found
guilty of this offense, while in | ||||||
10 | actual physical control of a motor vehicle,
shall have an entry | ||||||
11 | made in the court record by the judge that this offense did
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12 | occur while the person was in actual physical control of a | ||||||
13 | motor vehicle and
order the clerk of the court to report the | ||||||
14 | violation to the Secretary of State
as such.
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15 | (d) No graduated driver's license shall be issued for 9 | ||||||
16 | months to any
applicant
under
the
age of 18 years who has | ||||||
17 | committed and subsequently been convicted of an offense against | ||||||
18 | traffic regulations governing the movement of vehicles, any | ||||||
19 | violation of this Section or Section 12-603.1 of this Code, or | ||||||
20 | who has received a disposition of court supervision for a | ||||||
21 | violation of Section 6-20 of the Illinois Liquor Control Act of | ||||||
22 | 1934 or a similar provision of a local ordinance.
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23 | (e) No graduated driver's license holder under the age
of | ||||||
24 | 18 years shall operate any
motor vehicle, except a motor driven | ||||||
25 | cycle or motorcycle, with
more than one passenger in the front | ||||||
26 | seat of the motor vehicle
and no more passengers in the back |
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1 | seats than the number of available seat
safety belts as set | ||||||
2 | forth in Section 12-603 of this Code. If a graduated driver's | ||||||
3 | license holder over the age of 18 committed an offense against | ||||||
4 | traffic regulations governing the movement of vehicles or any | ||||||
5 | violation of this Section or Section 12-603.1 of this Code in | ||||||
6 | the 6 months prior to the graduated driver's license holder's | ||||||
7 | 18th birthday, and was subsequently convicted of the violation, | ||||||
8 | the provisions of this paragraph shall continue to apply until | ||||||
9 | such time as a period of 6 consecutive months has elapsed | ||||||
10 | without an additional violation and subsequent conviction of an | ||||||
11 | offense against traffic regulations governing the movement of | ||||||
12 | vehicles or any violation of this Section or Section 12-603.1 | ||||||
13 | of this Code.
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14 | (f) (Blank).
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15 | (g) If a graduated driver's license holder is under the age | ||||||
16 | of 18 when he
or she receives the license, for the first 12 | ||||||
17 | months he or she holds the license
or
until he or she reaches | ||||||
18 | the age of 18, whichever occurs sooner, the graduated
license
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19 | holder may not operate a motor vehicle with more than one | ||||||
20 | passenger in the
vehicle
who is under the age of 20, unless any | ||||||
21 | additional passenger or passengers are
siblings, | ||||||
22 | step-siblings, children, or stepchildren of the driver. If a | ||||||
23 | graduated driver's license holder committed an offense against | ||||||
24 | traffic regulations governing the movement of vehicles or any | ||||||
25 | violation of this Section or Section 12-603.1 of this Code | ||||||
26 | during the first 12 months the license is held and subsequently |
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1 | is convicted of the violation, the provisions of this paragraph | ||||||
2 | shall remain in effect until such time as a period of 6 | ||||||
3 | consecutive months has elapsed without an additional violation | ||||||
4 | and subsequent conviction of an offense against traffic | ||||||
5 | regulations governing the movement of vehicles or any violation | ||||||
6 | of this Section or Section 12-603.1 of this Code.
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7 | (h) It shall be an offense for a person that is age 15, but | ||||||
8 | under age 20, to be a passenger in a vehicle operated by a | ||||||
9 | driver holding a graduated driver's license during the first 12 | ||||||
10 | months the driver holds the license or until the driver reaches | ||||||
11 | the age of 18, whichever occurs sooner, if another passenger | ||||||
12 | under the age of 20 is present, excluding a sibling, | ||||||
13 | step-sibling, child, or step-child of the driver.
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14 | (i) No graduated driver's license shall be issued to any | ||||||
15 | applicant under the age of 18 years if the applicant has been | ||||||
16 | issued a traffic citation for which a disposition has not been | ||||||
17 | rendered at the time of application. | ||||||
18 | (Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12; | ||||||
19 | 98-168, eff. 1-1-14; 98-718, eff. 1-1-15 .)
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