|  |
Public Act 094-0916
Public Act 0916 94TH GENERAL ASSEMBLY
|
|
Public Act 094-0916
|
| HB1463 Enrolled |
LRB094 08453 DRH 38658 b |
|
| AN ACT concerning driver's licenses.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The School Code is amended by changing Section | 26-3a as follows:
| (105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a)
| Sec. 26-3a. Report of pupils no longer enrolled in school.
| The clerk or secretary of the school board of all school | districts shall
furnish quarterly on the first school day of | October, January, April and
July to the regional superintendent | and to the Secretary of State a list of pupils, excluding
| transferees, who have been expelled or have withdrawn or who | have left
school and have been removed from the regular | attendance rolls during the
period of time school was in | regular session from the time of the previous
quarterly report. | Such list shall include the names and addresses of pupils
| formerly in attendance, the names and addresses of persons | having custody
or control of such pupils, the reason, if known, | such pupils are no longer
in attendance and the date of removal | from the attendance rolls. The list shall also include the | names of: pupils whose withdrawal is due to extraordinary | circumstances, including but not limited to economic or medical | necessity or family hardship, as determined by the criteria | established by the school district; pupils who have re-enrolled | in school since their names were removed from the attendance | rolls; any pupil certified to be a chronic or habitual truant, | as defined in Section 26-2a; and pupils previously certified as | chronic or habitual truants who have resumed regular school | attendance. The
regional superintendent shall inform the | county or district truant officer
who shall investigate to see | that such pupils are in compliance with the
requirements of | this Article.
|
| Each local school district shall establish, in writing, a | set of criteria for use by the local superintendent of schools | in determining whether a pupil's failure to attend school is | the result of extraordinary circumstances, including but not | limited to economic or medical necessity or family hardship. | If a pupil re-enrolls in school after his or her name was | removed from the attendance rolls or resumes regular attendance | after being certified a chronic or habitual truant, the pupil | must obtain and forward to the Secretary of State, on a form | designated by the Secretary of State, verification of his or | her re-enrollment. The verification may be in the form of a | signature or seal or in any other form determined by the school | board.
| In addition, the regional superintendent of schools of each | educational
service region shall report to the State Board of | Education, in January of
1992 and in January of each year | thereafter, the number and ages of
dropouts, as defined in | Section 26-2a, in his educational service region
during the | school year that ended in the immediately preceding calendar
| year, together with any efforts, activities and programs | undertaken,
established, implemented or coordinated by the | regional superintendent of
schools that have been effective in | inducing dropouts to re-enroll in school. The State Board of | Education shall, if possible, make available to any person, | upon request, a comparison of drop out rates before and after | the effective date of this amendatory Act of the 94th General | Assembly.
| (Source: P.A. 87-303.)
| Section 10. The Illinois Vehicle Code is amended by | changing Sections 6-107, 6-107.1, 6-108, and 6-201 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.
| 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 | 25 hours of behind-the-wheel practice time
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 by marriage, 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
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 or the | Illinois Controlled
Substances 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 or Section 410 of the Illinois
| Controlled Substances 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 front | or back seat passenger under the
age of 18 is wearing a | properly adjusted and fastened seat safety belt.
| (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.)
| (625 ILCS 5/6-107.1)
| Sec. 6-107.1. Instruction permit for a minor.
| (a) The Secretary of State, upon
receiving proper | application and payment of the required fee, may issue an
| instruction permit to any person under the age of 18 years who | is
not ineligible for a license under paragraphs 1, 3, 4, 5, 7, | or 8 of Section
6-103, after the applicant has successfully | passed such examination as the
Secretary of State in his | discretion may prescribe.
| (1) An instruction permit issued under this Section
| shall be valid for a period of 24 months after the date of | its
issuance and shall be restricted, by the Secretary of |
| State, to the operation
of a motor vehicle by the minor | only when accompanied by the adult instructor
of a driver | education program during enrollment in the program or when
| practicing with a parent,
legal guardian, family member, or | a person in loco parentis who is 21
years of age or more, | has a license classification to operate such vehicle
and at | least one year of driving experience, and who is occupying | a seat beside
the driver.
| (2) A 24 month instruction permit for a motor driven | cycle may be issued
to
a person 16 or 17 years of age and | entitles the holder to drive upon the
highways during | daylight under direct supervision of a licensed motor | driven
cycle operator or motorcycle operator 21 years of | age or older who has a
license classification to operate | such motor driven cycle or motorcycle and at
least one year | of driving experience.
| (3) A 24 month instruction permit for a motorcycle | other than a motor
driven
cycle may be issued to a person | 16 or 17 years of age in accordance with the
provisions of | paragraph 2 of Section 6-103 and entitles a holder to drive | upon
the highways during daylight under the direct | supervision of a licensed
motorcycle operator 21 years of | age or older who has at least one year of
driving
| experience.
| (b) An instruction permit issued under this Section when | issued to a person
under the
age of 17 years shall, as a matter | of law, be invalid for the operation of any
motor
vehicle | during the same time the child is prohibited from being on any | street
or highway under the provisions of the Child Curfew Act. | (b-1) No instruction permit shall be issued to any | applicant who is under the age of 18 years and who has been | certified to be a chronic or habitual truant, as defined in | Section 26-2a of the School Code. | An applicant under the age of 18 years who provides proof | that he or she has resumed regular school attendance or that | his or her application was denied in error shall be eligible to |
| receive an instruction permit if other requirements are met. | The Secretary shall adopt rules for implementing this | subsection (b-1).
| (c) Any person under the age of 16 years who possesses an | instruction permit
and
whose
driving privileges have been | suspended or revoked under the provisions of this
Code shall | not be granted a Family Financial Responsibility Driving Permit | or a
Restricted Driving Permit.
| (Source: P.A. 90-369, eff. 1-1-98.)
| (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.
|
| 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 or the Illinois
| Controlled Substances 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 or Section 410 of the Illinois Controlled
| Substances 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. 86-1450; 87-1114.)
| (625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
| Sec. 6-201. Authority to cancel licenses and permits.
| (a) The Secretary of State is authorized to cancel any | license or permit
upon determining that the holder thereof:
| 1. was not entitled to the issuance thereof hereunder; | or
| 2. failed to give the required or correct information | in his
application; or
| 3. failed to pay any fees, civil penalties owed to the | Illinois Commerce
Commission, or taxes due under this Act | and upon reasonable notice and demand;
or
| 4. committed any fraud in the making of such | application; or
|
| 5. is ineligible therefor under the provisions of | Section 6-103 of this
Act, as amended; or
| 6. has refused or neglected to submit an alcohol, drug, | and
intoxicating compound evaluation or to
submit to | examination or re-examination as required under this Act; | or
| 7. has been convicted of violating the Cannabis Control | Act,
the
Illinois Controlled Substances Act, or the Use of | Intoxicating Compounds
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 or Section 410 of the
| Illinois Controlled Substances 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. 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
such restricted | driving permit for such period as he deems appropriate,
| except that such 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; or
| 8. failed to submit a report as required by Section | 6-116.5 of this
Code; or
.
| 9. is ineligible for a license or permit under Section | 6-107, 6-107.1, or
6-108 of this Code.
| (b) Upon such cancellation the licensee or permittee must | surrender the
license or permit so cancelled to the Secretary | of State.
| (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | Secretary of State
shall have exclusive authority to grant, | issue, deny, cancel, suspend and
revoke driving privileges, | drivers' licenses and restricted driving permits.
| (Source: P.A. 89-92, eff. 7-1-96;
89-584, eff. 7-31-96; 90-779, | eff. 1-1-99.)
| Section 99. Effective date. This Act takes effect July 1, | 2007. |
Effective Date: 7/1/2007
|
|
|
|
Translate
