Public Act 094-0897
 		





HB4768 Enrolled
LRB094 17603 DRH 52901 b






    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 6-107 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. 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.


    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 
    50
25 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.

    (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, the 
Illinois Controlled
Substances 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

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

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 
passenger under the
age of 19 is wearing a properly adjusted 
and fastened seat safety belt and each child under the age of 8 
is protected as required under the Child Passenger Protection 
Act.

    (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; 94-239, 
eff. 1-1-06; 94-241, eff. 1-1-06; 94-556, eff. 9-11-05; revised 
8-19-05.)


 

    Section 99. Effective date. This Act takes effect upon 
becoming law.