Bill Text: IL SB2104 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Illinois Vehicle Code. Provides that no instruction permit may be issued to a child who is less than 16 (instead of 15) years of age and makes corresponding changes throughout the Code. Provides that instruction permits and licenses issued to drivers under 18 years of age shall be invalid from 10:00 p.m. to 5:00 a.m. (instead of between 11:00 p.m. Friday and 6:00 a.m. Saturday; between 11:00 p.m. Saturday and 6:00 a.m. on Sunday; and between 10:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB2104 Detail]
Download: Illinois-2011-SB2104-Amended.html
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1 | AMENDMENT TO SENATE BILL 2104
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2 | AMENDMENT NO. ______. Amend Senate Bill 2104 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 6-107.1 and 6-110 as follows:
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6 | (625 ILCS 5/6-107.1) | ||||||
7 | Sec. 6-107.1. Instruction permit for a minor. | ||||||
8 | (a) The Secretary of State, upon
receiving proper | ||||||
9 | application and payment of the required fee, may issue an
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10 | instruction permit to any person under the age of 18 years who | ||||||
11 | is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | ||||||
12 | or 8 of Section
6-103, after the applicant has successfully | ||||||
13 | passed such examination as the
Secretary of State in his | ||||||
14 | discretion may prescribe. | ||||||
15 | (1) An instruction permit issued under this Section
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16 | shall be valid for a period of 24 months after the date of |
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1 | its
issuance and shall be restricted, by the Secretary of | ||||||
2 | State, to the operation
of a motor vehicle by the minor | ||||||
3 | only when under direct supervision of the adult instructor
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4 | of a driver education program during enrollment in the | ||||||
5 | program or when
practicing under direct supervision of a | ||||||
6 | parent,
legal guardian, family member, or a person in loco | ||||||
7 | parentis who is 21
years of age or more, has a license | ||||||
8 | classification to operate such vehicle
and at least one | ||||||
9 | year of driving experience, and who is occupying a seat | ||||||
10 | beside
the driver. | ||||||
11 | (2) A 24 month instruction permit for a motor driven | ||||||
12 | cycle may be issued
to
a person 16 or 17 years of age and | ||||||
13 | entitles the holder to drive upon the
highways during | ||||||
14 | daylight under direct supervision of a licensed motor | ||||||
15 | driven
cycle operator or motorcycle operator 21 years of | ||||||
16 | age or older who has a
license classification to operate | ||||||
17 | such motor driven cycle or motorcycle and at
least one year | ||||||
18 | of driving experience. | ||||||
19 | (3) A 24 month instruction permit for a motorcycle | ||||||
20 | other than a motor
driven
cycle may be issued to a person | ||||||
21 | 16 or 17 years of age in accordance with the
provisions of | ||||||
22 | paragraph 2 of Section 6-103 and entitles a holder to drive | ||||||
23 | upon
the highways during daylight under the direct | ||||||
24 | supervision of a licensed
motorcycle operator 21 years of | ||||||
25 | age or older who has at least one year of
driving
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26 | experience. |
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1 | (b) An instruction permit issued under this Section when | ||||||
2 | issued to a person
under the
age of 18 years shall, as a matter | ||||||
3 | of law, be invalid for the operation of any
motor
vehicle | ||||||
4 | between 10:00 p.m. and 5:00 a.m. during the following times: | ||||||
5 | (1) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
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6 | (2) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
7 | Sunday; and | ||||||
8 | (3) Between 10:00 p.m. on Sunday to Thursday, | ||||||
9 | inclusive, and 6:00 a.m. on the following day. | ||||||
10 | The instruction permit of a person under the age of 18 | ||||||
11 | shall not be invalid as described in paragraph (b) of this | ||||||
12 | Section if the instruction permit holder under the age of 18 | ||||||
13 | was: | ||||||
14 | (1) accompanied by the minor's parent or guardian or | ||||||
15 | other person in custody or control of the minor; | ||||||
16 | (2) on an errand at the direction of the minor's parent | ||||||
17 | or guardian, without any detour or stop; | ||||||
18 | (3) in a motor vehicle involved in interstate travel; | ||||||
19 | (4) going to or returning home from an employment | ||||||
20 | activity, without any detour or stop; | ||||||
21 | (5) involved in an emergency; | ||||||
22 | (6) going to or returning home from, without any detour | ||||||
23 | or stop, an official school, religious, or other | ||||||
24 | recreational activity supervised by adults and sponsored | ||||||
25 | by a government or governmental agency, a civic | ||||||
26 | organization, or another similar entity that takes |
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1 | responsibility for the licensee, without any detour or | ||||||
2 | stop; | ||||||
3 | (7) exercising First Amendment rights protected by the | ||||||
4 | United States Constitution, such as the free exercise of | ||||||
5 | religion, freedom of speech, and the right of assembly; or | ||||||
6 | (8) married or had been married or is an emancipated | ||||||
7 | minor under the Emancipation of Minors Act. | ||||||
8 | (b-1) No instruction permit shall be issued to any | ||||||
9 | applicant who is under the age of 18 years and who has been | ||||||
10 | certified to be a chronic or habitual truant, as defined in | ||||||
11 | Section 26-2a of the School Code. | ||||||
12 | An applicant under the age of 18 years who provides proof | ||||||
13 | that he or she has resumed regular school attendance or that | ||||||
14 | his or her application was denied in error shall be eligible to | ||||||
15 | receive an instruction permit if other requirements are met. | ||||||
16 | The Secretary shall adopt rules for implementing this | ||||||
17 | subsection (b-1).
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18 | (c) Any person under the age of 16 years who possesses an | ||||||
19 | instruction permit
and
whose
driving privileges have been | ||||||
20 | suspended or revoked under the provisions of this
Code shall | ||||||
21 | not be granted a Family Financial Responsibility Driving Permit | ||||||
22 | or a
Restricted Driving Permit. | ||||||
23 | (Source: P.A. 95-310, eff. 1-1-08; 96-1237, eff. 1-1-11.)
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24 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
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25 | Sec. 6-110. Licenses issued to drivers.
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1 | (a) The Secretary of State shall issue to every qualifying | ||||||
2 | applicant a
driver's license as applied for, which license | ||||||
3 | shall bear a
distinguishing
number assigned to the licensee, | ||||||
4 | the legal name,
signature, zip
code, date of birth, residence | ||||||
5 | address, and a brief description of the
licensee.
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6 | Licenses issued shall also indicate the classification and
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7 | the restrictions under Section 6-104 of this Code.
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8 | In lieu of the social security number, the Secretary may in | ||||||
9 | his
discretion substitute a federal tax number or other | ||||||
10 | distinctive number.
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11 | A driver's license issued may, in the discretion of the | ||||||
12 | Secretary,
include a suitable photograph of a type prescribed | ||||||
13 | by the Secretary.
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14 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
15 | one of the exceptions in subsection (a-2) apply, the license | ||||||
16 | shall, as a matter of law, be invalid for the operation of any | ||||||
17 | motor vehicle between 10:00 p.m. and 5:00 a.m. during the | ||||||
18 | following times: | ||||||
19 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
20 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
21 | Sunday; and | ||||||
22 | (C) Between 10:00 p.m. on Sunday to Thursday, | ||||||
23 | inclusive, and 6:00 a.m. on the following day. | ||||||
24 | (a-2) The driver's license of a person under the age of 18 | ||||||
25 | shall not be invalid as described in subsection (a-1) of this | ||||||
26 | Section if the licensee under the age of 18 was: |
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1 | (1) accompanied by the licensee's parent or guardian or | ||||||
2 | other person in custody or control of the minor; | ||||||
3 | (2) on an errand at the direction of the minor's parent | ||||||
4 | or guardian, without any detour or stop; | ||||||
5 | (3) in a motor vehicle involved in interstate travel; | ||||||
6 | (4) going to or returning home from an employment | ||||||
7 | activity, without any detour or stop; | ||||||
8 | (5) involved in an emergency; | ||||||
9 | (6) going to or returning home from, without any detour | ||||||
10 | or stop, an official school, religious, or other | ||||||
11 | recreational activity supervised by adults and sponsored | ||||||
12 | by a government or governmental agency, a civic | ||||||
13 | organization, or another similar entity that takes | ||||||
14 | responsibility for the licensee, without any detour or | ||||||
15 | stop; | ||||||
16 | (7) exercising First Amendment rights protected by the | ||||||
17 | United States Constitution, such as the free exercise of | ||||||
18 | religion, freedom of speech, and the right of assembly; or | ||||||
19 | (8) married or had been married or is an emancipated | ||||||
20 | minor under the Emancipation of Minors Act. | ||||||
21 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
22 | age and has been licensed for at least 12 months is not invalid | ||||||
23 | as described in subsection (a-1) of this Section while the | ||||||
24 | licensee is participating as an assigned driver in a Safe Rides | ||||||
25 | program that meets the following criteria: | ||||||
26 | (1) the program is sponsored by the Boy Scouts of |
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1 | America or another national public service organization; | ||||||
2 | and | ||||||
3 | (2) the sponsoring organization carries liability | ||||||
4 | insurance covering the program. | ||||||
5 | (a-3) If a graduated driver's license holder over the age | ||||||
6 | of 18 committed an offense against traffic regulations | ||||||
7 | governing the movement of vehicles or any violation of Section | ||||||
8 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
9 | the graduated driver's license holder's 18th birthday, and was | ||||||
10 | subsequently convicted of the offense, the provisions of | ||||||
11 | subsection (a-1) shall continue to apply until such time as a | ||||||
12 | period of 6 consecutive months has elapsed without an | ||||||
13 | additional violation and subsequent conviction of an offense | ||||||
14 | against traffic regulations governing the movement of vehicles | ||||||
15 | or Section 6-107 or Section 12-603.1 of this Code.
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16 | (a-4) If an applicant for a driver's license or instruction | ||||||
17 | permit has a current identification card issued by the | ||||||
18 | Secretary of State, the Secretary may require the applicant to | ||||||
19 | utilize the same residence address and name on the | ||||||
20 | identification card, driver's license, and instruction permit | ||||||
21 | records maintained by the Secretary. The Secretary may | ||||||
22 | promulgate rules to implement this provision. | ||||||
23 | (b) Until the Secretary of State establishes a First Person | ||||||
24 | Consent organ and tissue donor registry under Section 6-117 of | ||||||
25 | this Code, the Secretary of State shall provide a format on the | ||||||
26 | reverse of
each driver's license issued which the licensee may |
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1 | use to execute a document
of gift conforming to the provisions | ||||||
2 | of the Illinois Anatomical Gift Act.
The format shall allow the | ||||||
3 | licensee to indicate the gift intended, whether
specific | ||||||
4 | organs, any organ, or the entire body, and shall accommodate | ||||||
5 | the
signatures of the donor and 2 witnesses. The Secretary | ||||||
6 | shall also inform
each applicant or licensee of this format, | ||||||
7 | describe the procedure for its
execution, and may offer the | ||||||
8 | necessary witnesses; provided that in so doing,
the Secretary | ||||||
9 | shall advise the applicant or licensee that he or she is
under | ||||||
10 | no compulsion to execute a document of gift. A brochure
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11 | explaining this method of executing an anatomical gift document | ||||||
12 | shall be given
to each applicant or licensee. The brochure | ||||||
13 | shall advise the applicant or
licensee that he or she is under | ||||||
14 | no compulsion to execute a document of
gift, and that he or she | ||||||
15 | may wish to consult with family, friends or clergy
before doing | ||||||
16 | so. The Secretary of State may undertake additional efforts,
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17 | including education and awareness activities, to promote organ | ||||||
18 | and tissue
donation.
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19 | (c) The Secretary of State shall designate on each driver's | ||||||
20 | license issued
a space where the licensee may place a sticker | ||||||
21 | or decal of the uniform
size as the Secretary may specify, | ||||||
22 | which sticker or decal may indicate in
appropriate language | ||||||
23 | that the owner of the license carries an Emergency
Medical | ||||||
24 | Information Card.
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25 | The sticker may be provided by any person, hospital, | ||||||
26 | school,
medical group, or association interested in assisting |
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1 | in implementing
the Emergency Medical Information Card, but | ||||||
2 | shall meet the specifications
as the Secretary may by rule or | ||||||
3 | regulation require.
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4 | (d) The Secretary of State shall designate on each driver's | ||||||
5 | license issued
a space where the licensee may indicate his | ||||||
6 | blood type and RH factor.
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7 | (e) The Secretary of State shall provide
that each original | ||||||
8 | or renewal driver's license issued to a licensee under
21 years | ||||||
9 | of age shall be of a distinct nature from those driver's | ||||||
10 | licenses
issued to individuals 21 years of age and older. The | ||||||
11 | color designated for
driver's licenses for licensees under 21 | ||||||
12 | years of age shall be at the
discretion of the Secretary of | ||||||
13 | State.
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14 | (e-1) The Secretary shall provide that each driver's | ||||||
15 | license issued to a
person under the age of 21 displays the | ||||||
16 | date upon which the person becomes 18
years of age and the date | ||||||
17 | upon which the person becomes 21 years of age.
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18 | (f) The Secretary of State shall inform all Illinois | ||||||
19 | licensed
commercial motor vehicle operators of the | ||||||
20 | requirements of the Uniform
Commercial Driver License Act, | ||||||
21 | Article V of this Chapter, and shall make
provisions to insure | ||||||
22 | that all drivers, seeking to obtain a commercial
driver's | ||||||
23 | license, be afforded an opportunity prior to April 1, 1992, to
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24 | obtain the license. The Secretary is authorized to extend
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25 | driver's license expiration dates, and assign specific times, | ||||||
26 | dates and
locations where these commercial driver's tests shall |
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1 | be conducted. Any
applicant, regardless of the current | ||||||
2 | expiration date of the applicant's
driver's license, may be | ||||||
3 | subject to any assignment by the Secretary.
Failure to comply | ||||||
4 | with the Secretary's assignment may result in the
applicant's | ||||||
5 | forfeiture of an opportunity to receive a commercial driver's
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6 | license prior to April 1, 1992.
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7 | (g) The Secretary of State shall designate on a
driver's | ||||||
8 | license issued, a space where the licensee may indicate that he | ||||||
9 | or
she has drafted a living will in accordance with the | ||||||
10 | Illinois Living Will
Act or a durable power of attorney for | ||||||
11 | health care in accordance with the
Illinois Power of Attorney | ||||||
12 | Act.
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13 | (g-1) The Secretary of State, in his or her discretion, may | ||||||
14 | designate on
each driver's license issued a space where the | ||||||
15 | licensee may place a sticker or
decal, issued by the Secretary | ||||||
16 | of State, of uniform size as the Secretary may
specify, that | ||||||
17 | shall indicate in appropriate language that the owner of the
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18 | license has renewed his or her driver's license.
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19 | (h) A person who acts in good faith in accordance with the | ||||||
20 | terms of
this Section is not liable for damages in any civil | ||||||
21 | action or subject to
prosecution in any criminal proceeding for | ||||||
22 | his or her act.
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23 | (Source: P.A. 95-310, eff. 1-1-08; 95-747, eff. 7-22-08; | ||||||
24 | 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10.)".
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