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Public Act 098-0168 Public Act 0168 98TH GENERAL ASSEMBLY |
Public Act 098-0168 | HB1009 Enrolled | LRB098 07991 MLW 38081 b |
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| 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.)
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Effective Date: 1/1/2014
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