Full Text of HB1009 98th General Assembly
HB1009 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1009 Introduced , by Rep. John D'Amico - Michael P. McAuliffe SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-107 | from Ch. 95 1/2, par. 6-107 |
625 ILCS 5/6-108 | from Ch. 95 1/2, par. 6-108 |
625 ILCS 5/6-301.3 |
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Amends the Illinois Vehicle Code. Provides the Act may be cited as "Kelsey's Law". Prohibits the issuance of a graduated driver's license to a person under 18 if the person has a traffic citation for which a disposition has not been rendered. Allows the Secretary of State to cancel a minor's driver's license if the Secretary determines 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. Allows prosecutors to request the court to invalidate any driver's license if the driver is convicted of a violation of the Illinois Vehicle Code or similar local ordinance, the violation of which was the proximate cause of the death or Type A injury of another.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation, which may be referred to | 2 | | as "Kelsey's Law".
| 3 | | Be it enacted by the People of the State of Illinois,
| 4 | | represented in the General Assembly:
| 5 | | Section 5. The Illinois Vehicle Code is amended by changing | 6 | | Sections 6-107, 6-108, and 6-301.3 as follows:
| 7 | | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| 8 | | Sec. 6-107. Graduated license.
| 9 | | (a) The purpose of the Graduated
Licensing Program is to | 10 | | develop safe and mature driving habits in young,
inexperienced | 11 | | drivers and reduce or prevent motor vehicle accidents,
| 12 | | fatalities,
and injuries by:
| 13 | | (1) providing for an increase in the time of practice | 14 | | period before
granting
permission to obtain a driver's | 15 | | license;
| 16 | | (2) strengthening driver licensing and testing | 17 | | standards for persons under
the age of 21 years;
| 18 | | (3) sanctioning driving privileges of drivers under | 19 | | age 21 who have
committed serious traffic violations or | 20 | | other specified offenses; and
| 21 | | (4) setting stricter standards to promote the public's | 22 | | health and
safety.
| 23 | | (b) The application of any person under
the age of 18 |
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| 1 | | years, and not legally emancipated, for a drivers
license or | 2 | | permit to operate a motor vehicle issued under the laws of this
| 3 | | State, shall be accompanied by the written consent of either | 4 | | parent of the
applicant; otherwise by the guardian having | 5 | | custody of the applicant, or
in the event there is no parent or | 6 | | guardian, then by another responsible adult. The written | 7 | | consent must accompany any application for a driver's license | 8 | | under this subsection (b), regardless of whether or not the | 9 | | required written consent also accompanied the person's | 10 | | previous application for an instruction permit.
| 11 | | No graduated driver's license shall be issued to any | 12 | | applicant under 18
years
of age, unless the applicant is at | 13 | | least 16 years of age and has:
| 14 | | (1) Held a valid instruction permit for a minimum of 9 | 15 | | months.
| 16 | | (2) Passed an approved driver education course
and | 17 | | submits proof of having passed the course as may
be | 18 | | required.
| 19 | | (3) Certification by the parent, legal guardian, or | 20 | | responsible adult that
the applicant has had a minimum of | 21 | | 50 hours of behind-the-wheel practice time, at least 10 | 22 | | hours of which have been at night,
and is sufficiently | 23 | | prepared and able to safely operate a motor vehicle.
| 24 | | (b-1) No graduated
driver's license shall be issued to any | 25 | | applicant who is under 18 years of age
and not legally | 26 | | emancipated, unless the applicant has graduated
from a |
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| 1 | | secondary school of this State or any other state, is enrolled | 2 | | in a
course leading to a general educational development (GED) | 3 | | certificate, has
obtained a GED certificate, is enrolled in an | 4 | | elementary or secondary school or college or university
of this | 5 | | State or any other state and is not a chronic or habitual | 6 | | truant as provided in Section 26-2a of the School Code, or is | 7 | | receiving home instruction and submits proof of meeting any of | 8 | | those
requirements at the time of application.
| 9 | | An applicant under 18 years of age who provides proof | 10 | | acceptable to the Secretary that the applicant has resumed | 11 | | regular school attendance or home instruction or that his or | 12 | | her application was denied in error shall be eligible to | 13 | | receive a graduated license if other requirements are met. The | 14 | | Secretary shall adopt rules for implementing this subsection | 15 | | (b-1).
| 16 | | (c) No graduated driver's license or permit shall be issued | 17 | | to
any applicant under 18
years of age who has committed the | 18 | | offense of operating a motor vehicle
without a valid license or | 19 | | permit in violation of Section 6-101 of this Code
or a similar | 20 | | out of state offense and no graduated driver's
license or | 21 | | permit shall be issued to any applicant under 18 years of age
| 22 | | who has committed an offense that would otherwise result in a
| 23 | | mandatory revocation of a license or permit as provided in | 24 | | Section 6-205 of
this Code or who has been either convicted of | 25 | | or adjudicated a delinquent based
upon a violation of the | 26 | | Cannabis Control Act, the Illinois Controlled
Substances Act, |
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| 1 | | the Use of Intoxicating Compounds Act, or the Methamphetamine | 2 | | Control and Community Protection Act while that individual was | 3 | | in actual physical control of a motor
vehicle. For purposes of | 4 | | this Section, any person placed on probation under
Section 10 | 5 | | of the Cannabis Control Act, Section 410 of the Illinois
| 6 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 7 | | Control and Community Protection Act shall not be considered | 8 | | convicted. Any person found
guilty of this offense, while in | 9 | | actual physical control of a motor vehicle,
shall have an entry | 10 | | made in the court record by the judge that this offense did
| 11 | | occur while the person was in actual physical control of a | 12 | | motor vehicle and
order the clerk of the court to report the | 13 | | violation to the Secretary of State
as such.
| 14 | | (d) No graduated driver's license shall be issued for 9 | 15 | | months to any
applicant
under
the
age of 18 years who has | 16 | | committed and subsequently been convicted of an offense against | 17 | | traffic regulations governing the movement of vehicles, any | 18 | | violation of this Section or Section 12-603.1 of this Code, or | 19 | | who has received a disposition of court supervision for a | 20 | | violation of Section 6-20 of the Illinois Liquor Control Act of | 21 | | 1934 or a similar provision of a local ordinance.
| 22 | | (e) No graduated driver's license holder under the age
of | 23 | | 18 years shall operate any
motor vehicle, except a motor driven | 24 | | cycle or motorcycle, with
more than one passenger in the front | 25 | | seat of the motor vehicle
and no more passengers in the back | 26 | | seats than the number of available seat
safety belts as set |
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| 1 | | forth in Section 12-603 of this Code. If a graduated driver's | 2 | | license holder over the age of 18 committed an offense against | 3 | | traffic regulations governing the movement of vehicles or any | 4 | | violation of this Section or Section 12-603.1 of this Code in | 5 | | the 6 months prior to the graduated driver's license holder's | 6 | | 18th birthday, and was subsequently convicted of the violation, | 7 | | the provisions of this paragraph shall continue to apply until | 8 | | such time as a period of 6 consecutive months has elapsed | 9 | | without an additional violation and subsequent conviction of an | 10 | | offense against traffic regulations governing the movement of | 11 | | vehicles or any violation of this Section or Section 12-603.1 | 12 | | of this Code.
| 13 | | (f) (Blank).
| 14 | | (g) If a graduated driver's license holder is under the age | 15 | | of 18 when he
or she receives the license, for the first 12 | 16 | | months he or she holds the license
or
until he or she reaches | 17 | | the age of 18, whichever occurs sooner, the graduated
license
| 18 | | holder may not operate a motor vehicle with more than one | 19 | | passenger in the
vehicle
who is under the age of 20, unless any | 20 | | additional passenger or passengers are
siblings, | 21 | | step-siblings, children, or stepchildren of the driver. If a | 22 | | graduated driver's license holder committed an offense against | 23 | | traffic regulations governing the movement of vehicles or any | 24 | | violation of this Section or Section 12-603.1 of this Code | 25 | | during the first 12 months the license is held and subsequently | 26 | | is convicted of the violation, the provisions of this paragraph |
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| 1 | | shall remain in effect until such time as a period of 6 | 2 | | consecutive months has elapsed without an additional violation | 3 | | and subsequent conviction of an offense against traffic | 4 | | regulations governing the movement of vehicles or any violation | 5 | | of this Section or Section 12-603.1 of this Code.
| 6 | | (h) It shall be an offense for a person that is age 15, but | 7 | | under age 20, to be a passenger in a vehicle operated by a | 8 | | driver holding a graduated driver's license during the first 12 | 9 | | months the driver holds the license or until the driver reaches | 10 | | the age of 18, whichever occurs sooner, if another passenger | 11 | | under the age of 20 is present, excluding a sibling, | 12 | | step-sibling, child, or step-child of the driver.
| 13 | | (i) No graduated driver's license shall be issued to any | 14 | | applicant under the age of 18 years if the applicant has been | 15 | | issued a traffic citation for which a disposition has not been | 16 | | rendered at the time of application. | 17 | | (Source: P.A. 96-607, eff. 8-24-09; 97-229, eff. 7-28-11; | 18 | | 97-835, eff. 7-20-12.)
| 19 | | (625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
| 20 | | Sec. 6-108. Cancellation of license issued to minor.
| 21 | | (a) The Secretary of State shall cancel the license or | 22 | | permit of any minor
under the age of 18 years in any of the | 23 | | following events:
| 24 | | 1. Upon the verified written request of the person who | 25 | | consented to the
application of the minor that the license |
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| 1 | | or
permit be cancelled;
| 2 | | 2. Upon receipt of satisfactory evidence of the death | 3 | | of the person who
consented to the application of the | 4 | | minor;
| 5 | | 3. Upon receipt of satisfactory evidence that the | 6 | | person who consented
to the application of a minor no | 7 | | longer has legal custody of the
minor;
| 8 | | 4. Upon
receipt of information, submitted on a form | 9 | | prescribed by the Secretary of State
under Section 26-3a of | 10 | | the School Code and provided voluntarily by
nonpublic | 11 | | schools, that a license-holding minor no longer meets the | 12 | | school
attendance requirements defined in Section 6-107 of | 13 | | this Code.
| 14 | | A minor who provides proof acceptable to the Secretary | 15 | | that the minor has resumed regular school attendance or | 16 | | home instruction or that his or her license or permit was | 17 | | cancelled in error shall have his or her license | 18 | | reinstated. The Secretary shall adopt rules for | 19 | | implementing this subdivision (a)4.
| 20 | | 5. Upon determination by the Secretary that at the time | 21 | | of license issuance, the minor held an instruction permit | 22 | | and had a traffic citation for which a disposition had not | 23 | | been rendered. | 24 | | After cancellation, the Secretary of State shall not issue | 25 | | a new
license or permit until the applicant meets the | 26 | | provisions of Section
6-107 of this Code.
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| 1 | | (b) The Secretary of State shall cancel the license or | 2 | | permit of any
person under the age of 18 years if he or she is | 3 | | convicted of violating
the Cannabis Control Act, the Illinois
| 4 | | Controlled Substances Act, or the Methamphetamine Control and | 5 | | Community Protection Act while that person was in actual | 6 | | physical
control of a motor vehicle.
For purposes of this | 7 | | Section, any person placed on probation under Section
10 of the | 8 | | Cannabis Control Act, Section 410 of the Illinois Controlled
| 9 | | Substances Act, or Section 70 of the Methamphetamine Control | 10 | | and Community Protection Act shall not be considered convicted.
| 11 | | Any person found guilty of this offense,
while in actual | 12 | | physical control of a motor vehicle, shall have an entry
made | 13 | | in the court record by the judge that this offense did occur
| 14 | | while the person was in actual physical control of a motor | 15 | | vehicle and
order the clerk of the court to report the | 16 | | violation to the Secretary of
State as such. After the | 17 | | cancellation, the Secretary of State
shall not issue a new | 18 | | license or permit for a period of one year after the
date of | 19 | | cancellation or until the minor attains the age of 18 years,
| 20 | | whichever is longer.
However, upon application, the Secretary | 21 | | of State
may, if satisfied that the person applying will not | 22 | | endanger the public
safety, or welfare, issue a restricted | 23 | | driving permit granting the
privilege of driving a motor | 24 | | vehicle between the person's residence and
person's place of | 25 | | employment or within the scope of the person's employment | 26 | | related
duties, or to allow transportation for
the person or a |
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| 1 | | household member of the person's family for the receipt of
| 2 | | necessary medical care or, if the professional evaluation | 3 | | indicates,
provide transportation for the petitioner for | 4 | | alcohol remedial or
rehabilitative activity, or for the person | 5 | | to attend classes, as a student,
in an accredited educational | 6 | | institution; if the person is able to
demonstrate that no | 7 | | alternative means of transportation is reasonably
available; | 8 | | provided that the Secretary's discretion shall be limited to
| 9 | | cases where undue hardship would result from a failure to issue | 10 | | such
restricted driving permit. In each case the Secretary of | 11 | | State may issue
a restricted driving permit for a period as he
| 12 | | deems appropriate,
except that the permit shall expire within | 13 | | one year from the date of
issuance. A restricted driving permit | 14 | | issued hereunder shall be subject to
cancellation, revocation, | 15 | | and suspension by the Secretary of State in like
manner and for | 16 | | like cause as a driver's license issued hereunder may be
| 17 | | cancelled, revoked, or suspended; except that a conviction upon | 18 | | one or more
offenses against laws or ordinances regulating the | 19 | | movement of traffic
shall be deemed sufficient cause for the | 20 | | revocation, suspension, or
cancellation of a restricted | 21 | | driving permit. The Secretary of State may,
as a condition to | 22 | | the issuance of a restricted driving permit, require the
| 23 | | applicant to participate in a driver remedial or rehabilitative
| 24 | | program.
Thereafter, upon reapplication for a license as
| 25 | | provided in Section 6-106 of this Code or a permit as provided | 26 | | in Section
6-105 of this Code and upon payment of the |
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| 1 | | appropriate application fee, the
Secretary of State shall issue | 2 | | the applicant a license as provided in Section
6-106 of this | 3 | | Code or shall issue the applicant a permit as provided in | 4 | | Section 6-105.
| 5 | | (Source: P.A. 94-556, eff. 9-11-05; 94-916, eff. 7-1-07; | 6 | | 95-331, eff. 8-21-07.)
| 7 | | (625 ILCS 5/6-301.3)
| 8 | | Sec. 6-301.3. Invalidation of a driver's license or permit.
| 9 | | (a) The Secretary of State may invalidate a driver's | 10 | | license or permit:
| 11 | | (1) when the holder voluntarily surrenders the license | 12 | | or permit and
declares
his or her intention to do so in | 13 | | writing to the Secretary;
| 14 | | (2) when the Secretary receives a certified court order | 15 | | indicating the
holder
is to refrain from driving;
| 16 | | (3) upon the death of the holder; or
| 17 | | (4) as the Secretary deems appropriate by | 18 | | administrative rule.
| 19 | | (b) A driver's license or permit invalidated under this | 20 | | Section shall
nullify the holder's driving privileges. If a | 21 | | license is invalidated under
subdivision (a)(3) of this | 22 | | Section, the actual
license
or permit may be released to a | 23 | | relative
of the decedent; provided, the actual license or | 24 | | permit bears a readily
identifiable designation evidencing | 25 | | invalidation as prescribed by the
Secretary.
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| 1 | | (c) If a driver is issued a citation for any violation of | 2 | | this Code or a similar local ordinance and the violation is the | 3 | | proximate cause of the death or Type A injury of another, the | 4 | | prosecuting authority may ask the court to enter an order | 5 | | invalidating the driver's license or permit under paragraph (2) | 6 | | of subsection (a) of this Section. For purposes of this | 7 | | Section, Type A injury has the meaning ascribed in Section | 8 | | 6-108.1 of this Code. | 9 | | (Source: P.A. 91-357, eff. 7-29-99.)
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