Full Text of HB3371 102nd General Assembly
HB3371 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3371 Introduced 2/22/2021, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-107 | from Ch. 95 1/2, par. 6-107 |
|
Amends the Illinois Vehicle Code. Provides that the foster parent of an applicant for a driver's license may provide the: (i) written consent required to accompany an application for a driver's license or permit by a person under the age of 18 years; and (ii) certification that the applicant has had a minimum of 50 hours behind-the-wheel practice time in order for an applicant under 18 years of age to be issued a driver's license.
|
| |
| | A BILL FOR |
|
| | | HB3371 | | LRB102 02667 HEP 12670 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 6-107 as follows:
| 6 | | (625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| 7 | | Sec. 6-107. Graduated license.
| 8 | | (a) The purpose of the Graduated
Licensing Program is to | 9 | | develop safe and mature driving habits in young,
inexperienced | 10 | | drivers and reduce or prevent motor vehicle accidents,
| 11 | | fatalities,
and injuries by:
| 12 | | (1) providing for an increase in the time of practice | 13 | | period before
granting
permission to obtain a driver's | 14 | | license;
| 15 | | (2) strengthening driver licensing and testing | 16 | | standards for persons under
the age of 21 years;
| 17 | | (3) sanctioning driving privileges of drivers under | 18 | | age 21 who have
committed serious traffic violations or | 19 | | other specified offenses; and
| 20 | | (4) setting stricter standards to promote the public's | 21 | | health and
safety.
| 22 | | (b) The application of any person under
the age of 18 | 23 | | years, and not legally emancipated, for a driver's drivers
|
| | | HB3371 | - 2 - | LRB102 02667 HEP 12670 b |
|
| 1 | | license or permit to operate a motor vehicle issued under the | 2 | | laws of this
State, shall be accompanied by the written | 3 | | consent of either parent of the
applicant; otherwise by the | 4 | | guardian or foster parent having custody of the applicant, or
| 5 | | in the event there is no parent , or guardian, or foster parent, | 6 | | then by another responsible adult. The written consent must | 7 | | accompany any application for a driver's license under this | 8 | | subsection (b), regardless of whether or not the required | 9 | | written consent also accompanied the person's previous | 10 | | 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, | 20 | | foster parent, or responsible adult that
the applicant has | 21 | | had a minimum of 50 hours of behind-the-wheel practice | 22 | | time, at least 10 hours of which have been at night,
and is | 23 | | sufficiently prepared and able to safely operate a motor | 24 | | vehicle.
| 25 | | (b-1) No graduated
driver's license shall be issued to any | 26 | | applicant who is under 18 years of age
and not legally |
| | | HB3371 | - 3 - | LRB102 02667 HEP 12670 b |
|
| 1 | | emancipated, unless the applicant has graduated
from a | 2 | | secondary school of this State or any other state, is enrolled | 3 | | in a
course leading to a high school equivalency certificate, | 4 | | has
obtained a high school equivalency certificate, is | 5 | | enrolled in an elementary or secondary school or college or | 6 | | university
of this State or any other state and is not a | 7 | | chronic or habitual truant as provided in Section 26-2a of the | 8 | | School Code, or is receiving home instruction and submits | 9 | | proof of meeting any of those
requirements at the time of | 10 | | application.
| 11 | | An applicant under 18 years of age who provides proof | 12 | | acceptable to the Secretary that the applicant has resumed | 13 | | regular school attendance or home instruction or that his or | 14 | | her application was denied in error shall be eligible to | 15 | | receive a graduated license if other requirements are met. The | 16 | | Secretary shall adopt rules for implementing this subsection | 17 | | (b-1).
| 18 | | (c) No graduated driver's license or permit shall be | 19 | | issued to
any applicant under 18
years of age who has committed | 20 | | the offense of operating a motor vehicle
without a valid | 21 | | license or permit in violation of Section 6-101 of this Code
or | 22 | | a similar out of state offense and no graduated driver's
| 23 | | license or permit shall be issued to any applicant under 18 | 24 | | years of age
who has committed an offense that would otherwise | 25 | | result in a
mandatory revocation of a license or permit as | 26 | | provided in Section 6-205 of
this Code or who has been either |
| | | HB3371 | - 4 - | LRB102 02667 HEP 12670 b |
|
| 1 | | convicted of or adjudicated a delinquent based
upon a | 2 | | violation of the Cannabis Control Act, the Illinois Controlled
| 3 | | Substances Act, the Use of Intoxicating Compounds Act, or the | 4 | | Methamphetamine Control and Community Protection Act while | 5 | | that individual was in actual physical control of a motor
| 6 | | vehicle. For purposes of this Section, any person placed on | 7 | | probation under
Section 10 of the Cannabis Control Act, | 8 | | Section 410 of the Illinois
Controlled Substances Act, or | 9 | | Section 70 of the Methamphetamine Control and Community | 10 | | Protection Act shall not be considered convicted. Any person | 11 | | found
guilty of this offense, while in actual physical control | 12 | | of a motor vehicle,
shall have an entry made in the court | 13 | | record by the judge that this offense did
occur while the | 14 | | person was in actual physical control of a motor vehicle and
| 15 | | order the clerk of the court to report the violation to the | 16 | | Secretary of State
as such.
| 17 | | (d) No graduated driver's license shall be issued for 9 | 18 | | months to any
applicant
under
the
age of 18 years who has | 19 | | committed and subsequently been convicted of an offense | 20 | | against traffic regulations governing the movement of | 21 | | vehicles, any violation of this Section or Section 12-603.1 of | 22 | | this Code, or who has received a disposition of court | 23 | | supervision for a violation of Section 6-20 of the Illinois | 24 | | Liquor Control Act of 1934 or a similar provision of a local | 25 | | ordinance.
| 26 | | (e) No graduated driver's license holder under the age
of |
| | | HB3371 | - 5 - | LRB102 02667 HEP 12670 b |
|
| 1 | | 18 years shall operate any
motor vehicle, except a motor | 2 | | driven cycle or motorcycle, with
more than one passenger in | 3 | | the front seat of the motor vehicle
and no more passengers in | 4 | | the back seats than the number of available seat
safety belts | 5 | | as set forth in Section 12-603 of this Code. If a graduated | 6 | | driver's license holder over the age of 18 committed an | 7 | | offense against traffic regulations governing the movement of | 8 | | vehicles or any violation of this Section or Section 12-603.1 | 9 | | of this Code in the 6 months prior to the graduated driver's | 10 | | license holder's 18th birthday, and was subsequently convicted | 11 | | of the violation, the provisions of this paragraph shall | 12 | | continue to apply until such time as a period of 6 consecutive | 13 | | months has elapsed without an additional violation and | 14 | | subsequent conviction of an offense against traffic | 15 | | regulations governing the movement of vehicles or any | 16 | | violation of this Section or Section 12-603.1 of this Code.
| 17 | | (f) (Blank).
| 18 | | (g) If a graduated driver's license holder is under the | 19 | | age of 18 when he
or she receives the license, for the first 12 | 20 | | months he or she holds the license
or
until he or she reaches | 21 | | the age of 18, whichever occurs sooner, the graduated
license
| 22 | | holder may not operate a motor vehicle with more than one | 23 | | passenger in the
vehicle
who is under the age of 20, unless any | 24 | | additional passenger or passengers are
siblings, | 25 | | step-siblings, children, or stepchildren of the driver. If a | 26 | | graduated driver's license holder committed an offense against |
| | | HB3371 | - 6 - | LRB102 02667 HEP 12670 b |
|
| 1 | | traffic regulations governing the movement of vehicles or any | 2 | | violation of this Section or Section 12-603.1 of this Code | 3 | | during the first 12 months the license is held and | 4 | | subsequently is convicted of the violation, the provisions of | 5 | | this paragraph shall remain in effect until such time as a | 6 | | period of 6 consecutive months has elapsed without an | 7 | | additional violation and subsequent conviction of an offense | 8 | | against traffic regulations governing the movement of vehicles | 9 | | or any violation of this Section or Section 12-603.1 of this | 10 | | Code.
| 11 | | (h) It shall be an offense for a person that is age 15, but | 12 | | under age 20, to be a passenger in a vehicle operated by a | 13 | | driver holding a graduated driver's license during the first | 14 | | 12 months the driver holds the license or until the driver | 15 | | reaches the age of 18, whichever occurs sooner, if another | 16 | | passenger under the age of 20 is present, excluding a sibling, | 17 | | step-sibling, child, or step-child of the driver.
| 18 | | (i) No graduated driver's license shall be issued to any | 19 | | applicant under the age of 18 years if the applicant has been | 20 | | issued a traffic citation for which a disposition has not been | 21 | | rendered at the time of application. | 22 | | (Source: P.A. 97-229, eff. 7-28-11; 97-835, eff. 7-20-12; | 23 | | 98-168, eff. 1-1-14; 98-718, eff. 1-1-15 .)
|
|