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Public Act 094-0916
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| HB1463 Enrolled |
LRB094 08453 DRH 38658 b |
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AN ACT concerning driver's licenses.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
26-3a as follows:
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(105 ILCS 5/26-3a) (from Ch. 122, par. 26-3a)
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Sec. 26-3a. Report of pupils no longer enrolled in school.
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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
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transferees, who have been expelled or have withdrawn or who |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
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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.
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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.
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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
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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.
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(Source: P.A. 87-303.)
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Section 10. The Illinois Vehicle Code is amended by |
changing Sections 6-107, 6-107.1, 6-108, and 6-201 as follows:
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(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
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Sec. 6-107. Graduated license.
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(a) The purpose of the Graduated
Licensing Program is to |
develop safe and mature driving habits in young,
inexperienced |
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drivers and reduce or prevent motor vehicle accidents,
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fatalities,
and injuries by:
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(1) providing for an increase in the time of practice |
period before
granting
permission to obtain a driver's |
license;
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(2) strengthening driver licensing and testing |
standards for persons under
the age of 21 years;
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(3) sanctioning driving privileges of drivers under |
age 21 who have
committed serious traffic violations or |
other specified offenses; and
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(4) setting stricter standards to promote the public's |
health and
safety.
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(b) The application of any person under
the age of 18 |
years, and not legally emancipated by marriage, for a drivers
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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.
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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:
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(1) Held a valid instruction permit for a minimum of 3 |
months.
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(2) Passed an approved driver education course
and |
submits proof of having passed the course as may
be |
required.
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(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.
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(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
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from a secondary school of this State or any other state, is |
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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.
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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).
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(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
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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.
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(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.
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(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.
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(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.
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(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
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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.
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(Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
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(625 ILCS 5/6-107.1)
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Sec. 6-107.1. Instruction permit for a minor.
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(a) The Secretary of State, upon
receiving proper |
application and payment of the required fee, may issue an
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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.
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(1) An instruction permit issued under this Section
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shall be valid for a period of 24 months after the date of |
its
issuance and shall be restricted, by the Secretary of |
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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
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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.
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(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.
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(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
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experience.
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(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 |
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receive an instruction permit if other requirements are met. |
The Secretary shall adopt rules for implementing this |
subsection (b-1).
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(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.
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(Source: P.A. 90-369, eff. 1-1-98.)
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(625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
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Sec. 6-108. Cancellation of license issued to minor.
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(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:
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1. Upon the verified written request of the person who |
consented to the
application of the minor that the license |
or
permit be cancelled;
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2. Upon receipt of satisfactory evidence of the death |
of the person who
consented to the application of the |
minor;
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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;
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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.
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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.
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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.
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(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
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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
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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
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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.
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However, upon application, the Secretary of State
may, if |
satisfied that the person applying will not endanger the public
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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
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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 |
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driving permit. In each case the Secretary of State may issue
a |
restricted driving permit for a period as he
deems appropriate,
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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
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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.
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Thereafter, upon reapplication for a license as
provided in |
Section 6-106 of this Code or a permit as provided in Section
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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.
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(Source: P.A. 86-1450; 87-1114.)
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(625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
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Sec. 6-201. Authority to cancel licenses and permits.
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(a) The Secretary of State is authorized to cancel any |
license or permit
upon determining that the holder thereof:
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1. was not entitled to the issuance thereof hereunder; |
or
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2. failed to give the required or correct information |
in his
application; or
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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
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4. committed any fraud in the making of such |
application; or
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5. is ineligible therefor under the provisions of |
Section 6-103 of this
Act, as amended; or
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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program; or
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8. failed to submit a report as required by Section |
6-116.5 of this
Code; or
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9. is ineligible for a license or permit under Section |
6-107, 6-107.1, or
6-108 of this Code.
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(b) Upon such cancellation the licensee or permittee must |
surrender the
license or permit so cancelled to the Secretary |
of State.
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(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.
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(Source: P.A. 89-92, eff. 7-1-96;
89-584, eff. 7-31-96; 90-779, |
eff. 1-1-99.)
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Section 99. Effective date. This Act takes effect July 1, |
2007. |