| ||||
| Public Act 098-0168 | ||||
| ||||
| ||||
AN ACT concerning transportation, which may be referred to | ||||
as "Kelsey's Law".
| ||||
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 | ||||
Sections 6-107, 6-108, and 6-301.3 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, 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 9 | ||
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 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.
| ||
(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 | ||
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.
| ||
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).
| ||
(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
| ||
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, | ||
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
| ||
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 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.
| ||
(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. 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.
| ||
(f) (Blank).
| ||
(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
| ||
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 | ||
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.
| ||
(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.
| ||
(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.)
| ||
(625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
| ||
Sec. 6-108. Cancellation of license issued to minor.
| ||
(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:
| ||
1. Upon the verified written request of the person who | ||
consented to the
application of the minor that the license | ||
or
permit be cancelled;
| ||
2. Upon receipt of satisfactory evidence of the death | ||
of the person who
consented to the application of the | ||
minor;
| ||
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;
| ||
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.
| ||
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.
| ||
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.
| ||
(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
| ||
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
| ||
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. 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,
| ||
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 | ||
household member of the person's family for the receipt of
| ||
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
| ||
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
| ||
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
| ||
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
| ||
applicant to participate in a driver remedial or rehabilitative
| ||
program.
Thereafter, upon reapplication for a license as
| ||
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 | ||
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.
| ||
(Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | ||
95-331, eff. 8-21-07.)
| ||
(625 ILCS 5/6-301.3)
| ||
Sec. 6-301.3. Invalidation of a driver's license or permit.
| ||
(a) The Secretary of State may invalidate a driver's | ||
license or permit:
| ||
(1) when the holder voluntarily surrenders the license | ||
or permit and
declares
his or her intention to do so in | ||
writing to the Secretary;
| ||
(2) when the Secretary receives a certified court order | ||
indicating the
holder
is to refrain from driving;
| ||
(3) upon the death of the holder; or
| ||
(4) as the Secretary deems appropriate by | ||
administrative rule.
| ||
(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.
| ||
(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.)
| ||