HB4863 EngrossedLRB097 17321 HEP 62522 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-303 as follows:
 
6    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
7    Sec. 6-303. Driving while driver's license, permit or
8privilege to operate a motor vehicle is suspended or revoked.
9    (a) Except as otherwise provided in subsection (a-5), any
10person who drives or is in actual physical control of a motor
11vehicle on any highway of this State at a time when such
12person's driver's license, permit or privilege to do so or the
13privilege to obtain a driver's license or permit is revoked or
14suspended as provided by this Code or the law of another state,
15except as may be specifically allowed by a judicial driving
16permit issued prior to January 1, 2009, monitoring device
17driving permit, family financial responsibility driving
18permit, probationary license to drive, or a restricted driving
19permit issued pursuant to this Code or under the law of another
20state, shall be guilty of a Class A misdemeanor.
21    (a-5) Any person who violates this Section as provided in
22subsection (a) while his or her driver's license, permit or
23privilege is revoked because of a violation of Section 9-3 of

 

 

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1the Criminal Code of 1961, relating to the offense of reckless
2homicide or a similar provision of a law of another state, is
3guilty of a Class 4 felony. The person shall be required to
4undergo a professional evaluation, as provided in Section
511-501 of this Code, to determine if an alcohol, drug, or
6intoxicating compound problem exists and the extent of the
7problem, and to undergo the imposition of treatment as
8appropriate.
9    (b) (Blank).
10    (b-1) Upon receiving a report of the conviction of any
11violation indicating a person was operating a motor vehicle
12during the time when the person's driver's license, permit or
13privilege was suspended by the Secretary of State or the
14driver's licensing administrator of another state, except as
15specifically allowed by a probationary license, judicial
16driving permit, restricted driving permit or monitoring device
17driving permit the Secretary shall extend the suspension for
18the same period of time as the originally imposed suspension
19unless the suspension has already expired, in which case the
20Secretary shall be authorized to suspend the person's driving
21privileges for the same period of time as the originally
22imposed suspension.
23    (b-2) Except as provided in subsection (b-6), upon
24receiving a report of the conviction of any violation
25indicating a person was operating a motor vehicle when the
26person's driver's license, permit or privilege was revoked by

 

 

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1the Secretary of State or the driver's license administrator of
2any other state, except as specifically allowed by a restricted
3driving permit issued pursuant to this Code or the law of
4another state, the Secretary shall not issue a driver's license
5for an additional period of one year from the date of such
6conviction indicating such person was operating a vehicle
7during such period of revocation.
8    (b-3) (Blank).
9    (b-4) When the Secretary of State receives a report of a
10conviction of any violation indicating a person was operating a
11motor vehicle that was not equipped with an ignition interlock
12device during a time when the person was prohibited from
13operating a motor vehicle not equipped with such a device, the
14Secretary shall not issue a driver's license to that person for
15an additional period of one year from the date of the
16conviction.
17    (b-5) Any person convicted of violating this Section shall
18serve a minimum term of imprisonment of 30 consecutive days or
19300 hours of community service when the person's driving
20privilege was revoked or suspended as a result of a violation
21of Section 9-3 of the Criminal Code of 1961, as amended,
22relating to the offense of reckless homicide, or a similar
23provision of a law of another state.
24    (b-6) Upon receiving a report of a first conviction of
25operating a motor vehicle while the person's driver's license,
26permit or privilege was revoked where the revocation was for a

 

 

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1violation of Section 9-3 of the Criminal Code of 1961 relating
2to the offense of reckless homicide or a similar out-of-state
3offense, the Secretary shall not issue a driver's license for
4an additional period of three years from the date of such
5conviction.
6    (c) Except as provided in subsections (c-3) and (c-4), any
7person convicted of violating this Section shall serve a
8minimum term of imprisonment of 10 consecutive days or 30 days
9of community service when the person's driving privilege was
10revoked or suspended as a result of:
11        (1) a violation of Section 11-501 of this Code or a
12    similar provision of a local ordinance relating to the
13    offense of operating or being in physical control of a
14    vehicle while under the influence of alcohol, any other
15    drug or any combination thereof; or
16        (2) a violation of paragraph (b) of Section 11-401 of
17    this Code or a similar provision of a local ordinance
18    relating to the offense of leaving the scene of a motor
19    vehicle accident involving personal injury or death; or
20        (3) a statutory summary suspension or revocation under
21    Section 11-501.1 of this Code.
22    Such sentence of imprisonment or community service shall
23not be subject to suspension in order to reduce such sentence.
24    (c-1) Except as provided in subsections (c-5) and (d), any
25person convicted of a second violation of this Section shall be
26ordered by the court to serve a minimum of 100 hours of

 

 

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1community service.
2    (c-2) In addition to other penalties imposed under this
3Section, the court may impose on any person convicted a fourth
4time of violating this Section any of the following:
5        (1) Seizure of the license plates of the person's
6    vehicle.
7        (2) Immobilization of the person's vehicle for a period
8    of time to be determined by the court.
9    (c-3) Any person convicted of a violation of this Section
10during a period of summary suspension imposed pursuant to
11Section 11-501.1 when the person was eligible for a MDDP shall
12be guilty of a Class 4 felony and shall serve a minimum term of
13imprisonment of 30 days.
14    (c-4) Any person who has been issued a MDDP and who is
15convicted of a violation of this Section as a result of
16operating or being in actual physical control of a motor
17vehicle not equipped with an ignition interlock device at the
18time of the offense shall be guilty of a Class 4 felony and
19shall serve a minimum term of imprisonment of 30 days.
20    (c-5) Any person convicted of a second violation of this
21Section is guilty of a Class 2 felony, is not eligible for
22probation or conditional discharge, and shall serve a mandatory
23term of imprisonment, if the revocation or suspension was for a
24violation of Section 9-3 of the Criminal Code of 1961, relating
25to the offense of reckless homicide, or a similar out-of-state
26offense.

 

 

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1    (d) Any person convicted of a second violation of this
2Section shall be guilty of a Class 4 felony and shall serve a
3minimum term of imprisonment of 30 days or 300 hours of
4community service, as determined by the court, if the original
5revocation or suspension was for a violation of Section 11-401
6or 11-501 of this Code, or a similar out-of-state offense, or a
7similar provision of a local ordinance, or a statutory summary
8suspension or revocation under Section 11-501.1 of this Code.
9    (d-1) Except as provided in subsections (d-2), (d-2.5), and
10(d-3), any person convicted of a third or subsequent violation
11of this Section shall serve a minimum term of imprisonment of
1230 days or 300 hours of community service, as determined by the
13court.
14    (d-2) Any person convicted of a third violation of this
15Section is guilty of a Class 4 felony and must serve a minimum
16term of imprisonment of 30 days if the revocation or suspension
17was for a violation of Section 11-401 or 11-501 of this Code,
18or a similar out-of-state offense, or a similar provision of a
19local ordinance, or a statutory summary suspension or
20revocation under Section 11-501.1 of this Code.
21    (d-2.5) Any person convicted of a third violation of this
22Section is guilty of a Class 1 felony, is not eligible for
23probation or conditional discharge, and must serve a mandatory
24term of imprisonment if the revocation or suspension was for a
25violation of Section 9-3 of the Criminal Code of 1961, relating
26to the offense of reckless homicide, or a similar out-of-state

 

 

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1offense. The person's driving privileges shall be revoked for
2the remainder of the person's life.
3    (d-3) Any person convicted of a fourth, fifth, sixth,
4seventh, eighth, or ninth violation of this Section is guilty
5of a Class 4 felony and must serve a minimum term of
6imprisonment of 180 days if the revocation or suspension was
7for a violation of Section 11-401 or 11-501 of this Code, or a
8similar out-of-state offense, or a similar provision of a local
9ordinance, or a statutory summary suspension or revocation
10under Section 11-501.1 of this Code.
11    (d-3.5) Any person convicted of a fourth or subsequent
12violation of this Section is guilty of a Class 1 felony, is not
13eligible for probation or conditional discharge, and must serve
14a mandatory term of imprisonment, and is eligible for an
15extended term, if the revocation or suspension was for a
16violation of Section 9-3 of the Criminal Code of 1961, relating
17to the offense of reckless homicide, or a similar out-of-state
18offense.
19    (d-4) Any person convicted of a tenth, eleventh, twelfth,
20thirteenth, or fourteenth violation of this Section is guilty
21of a Class 3 felony, and is not eligible for probation or
22conditional discharge, if the revocation or suspension was for
23a violation of Section 11-401 or 11-501 of this Code, or a
24similar out-of-state offense, or a similar provision of a local
25ordinance, or a statutory summary suspension or revocation
26under Section 11-501.1 of this Code.

 

 

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1    (d-5) Any person convicted of a fifteenth or subsequent
2violation of this Section is guilty of a Class 2 felony, and is
3not eligible for probation or conditional discharge, if the
4revocation or suspension was for a violation of Section 11-401
5or 11-501 of this Code, or a similar out-of-state offense, or a
6similar provision of a local ordinance, or a statutory summary
7suspension or revocation under Section 11-501.1 of this Code.
8    (e) Any person in violation of this Section who is also in
9violation of Section 7-601 of this Code relating to mandatory
10insurance requirements, in addition to other penalties imposed
11under this Section, shall have his or her motor vehicle
12immediately impounded by the arresting law enforcement
13officer. The motor vehicle may be released to any licensed
14driver upon a showing of proof of insurance for the vehicle
15that was impounded and the notarized written consent for the
16release by the vehicle owner.
17    (f) For any prosecution under this Section, a certified
18copy of the driving abstract of the defendant shall be admitted
19as proof of any prior conviction.
20    (g) The motor vehicle used in a violation of this Section
21is subject to seizure and forfeiture as provided in Sections
2236-1 and 36-2 of the Criminal Code of 1961 if the person's
23driving privilege was revoked or suspended as a result of:
24        (1) a violation of Section 11-501 of this Code, a
25    similar provision of a local ordinance, or a similar
26    provision of a law of another state;

 

 

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1        (2) a violation of paragraph (b) of Section 11-401 of
2    this Code, a similar provision of a local ordinance, or a
3    similar provision of a law of another state;
4        (3) a statutory summary suspension or revocation under
5    Section 11-501.1 of this Code or a similar provision of a
6    law of another state; or
7        (4) a violation of Section 9-3 of the Criminal Code of
8    1961 relating to the offense of reckless homicide, or a
9    similar provision of a law of another state.
10listed in paragraph (1) or (2) of subsection (c) of this
11Section, as a result of a summary suspension or revocation as
12provided in paragraph (3) of subsection (c) of this Section, or
13as a result of a violation of Section 9-3 of the Criminal Code
14of 1961 relating to the offense of reckless homicide.
15(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
16eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
17eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
1896-1000, eff. 7-2-10; 96-1344, eff. 7-1-11.)