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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Vehicle Code is amended by changing |
5 | | Section 6-303 as follows:
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6 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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7 | | Sec. 6-303. Driving while driver's license, permit or |
8 | | privilege to
operate a motor vehicle is suspended or revoked.
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9 | | (a) Except as otherwise provided in subsection (a-5), any |
10 | | person who drives or is in actual physical control of a motor
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11 | | vehicle on any highway of this State at a time when such |
12 | | person's driver's
license, permit or privilege to do so or the |
13 | | privilege to obtain a driver's
license or permit is revoked or |
14 | | suspended as provided by this Code or the law
of another state, |
15 | | except as may be specifically allowed by a judicial driving
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16 | | permit issued prior to January 1, 2009, monitoring device |
17 | | driving permit, family financial responsibility driving |
18 | | permit, probationary
license to drive, or a restricted driving |
19 | | permit issued pursuant to this Code
or under the law of another |
20 | | state, shall be guilty of a Class A misdemeanor.
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21 | | (a-5) Any person who violates this Section as provided in |
22 | | subsection (a) while his or her driver's license, permit or |
23 | | privilege is revoked because of a violation of Section 9-3 of |
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1 | | the Criminal Code of 1961, relating to the offense of reckless |
2 | | homicide or a similar provision of a law of another state, is |
3 | | guilty of a Class 4 felony. The person shall be required to |
4 | | undergo a professional evaluation, as provided in Section |
5 | | 11-501 of this Code, to determine if an alcohol, drug, or |
6 | | intoxicating compound problem exists and the extent of the |
7 | | problem, and to undergo the imposition of treatment as |
8 | | appropriate.
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9 | | (b) (Blank). |
10 | | (b-1) Upon receiving a report of the conviction of any |
11 | | violation indicating a person was operating a motor vehicle |
12 | | during the time when the person's driver's license, permit or |
13 | | privilege was suspended by the Secretary of State or the |
14 | | driver's licensing administrator of another state, except as |
15 | | specifically allowed by a probationary license, judicial |
16 | | driving permit, restricted driving permit or monitoring device |
17 | | driving permit the Secretary shall extend the suspension for |
18 | | the same period of time as the originally imposed suspension |
19 | | unless the suspension has already expired, in which case the |
20 | | Secretary shall be authorized to suspend the person's driving |
21 | | privileges for the same period of time as the originally |
22 | | imposed suspension. |
23 | | (b-2) Except as provided in subsection (b-6), upon |
24 | | receiving a report of the conviction of any violation |
25 | | indicating a person was operating a motor vehicle when the |
26 | | person's driver's license, permit or privilege was revoked by |
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1 | | the Secretary of State or the driver's license administrator of |
2 | | any other state, except as specifically allowed by a restricted |
3 | | driving permit issued pursuant to this Code or the law of |
4 | | another state, the Secretary shall not issue a driver's license |
5 | | for an additional period of one year from the date of such |
6 | | conviction indicating such person was operating a vehicle |
7 | | during such period of revocation. |
8 | | (b-3) (Blank).
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9 | | (b-4) When the Secretary of State receives a report of a |
10 | | conviction of any violation indicating a person was operating a |
11 | | motor vehicle that was not equipped with an ignition interlock |
12 | | device during a time when the person was prohibited from |
13 | | operating a motor vehicle not equipped with such a device, the |
14 | | Secretary shall not issue a driver's license to that person for |
15 | | an additional period of one year from the date of the |
16 | | conviction.
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17 | | (b-5) Any person convicted of violating this Section shall |
18 | | serve a minimum
term of imprisonment of 30 consecutive days or |
19 | | 300
hours of community service
when the person's driving |
20 | | privilege was revoked or suspended as a result of a violation |
21 | | of Section 9-3 of the Criminal Code of 1961, as amended,
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22 | | relating to the offense of reckless homicide, or a similar |
23 | | provision of a law of another state.
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24 | | (b-6) Upon receiving a report of a first conviction of |
25 | | operating a motor vehicle while the person's driver's license, |
26 | | permit or privilege was revoked where the revocation was for a |
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1 | | violation of Section 9-3 of the Criminal Code of 1961 relating |
2 | | to the offense of reckless homicide or a similar out-of-state |
3 | | offense, the Secretary shall not issue a driver's license for |
4 | | an additional period of three years from the date of such |
5 | | conviction. |
6 | | (c) Except as provided in subsections (c-3) and (c-4), any |
7 | | person convicted of violating this Section shall serve a |
8 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
9 | | of community service
when the person's driving privilege was |
10 | | revoked or suspended as a result of:
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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
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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
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20 | | (3)
a statutory summary suspension or revocation under |
21 | | Section 11-501.1 of this
Code.
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22 | | Such sentence of imprisonment or community service shall |
23 | | not be subject
to suspension in order to reduce such sentence.
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24 | | (c-1) Except as provided in subsections (c-5) and (d), any |
25 | | person convicted of a
second violation of this Section shall be |
26 | | ordered by the court to serve a
minimum
of 100 hours of |
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1 | | community service.
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2 | | (c-2) In addition to other penalties imposed under this |
3 | | Section, the
court may impose on any person convicted a fourth |
4 | | time of violating this
Section any of
the following:
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5 | | (1) Seizure of the license plates of the person's |
6 | | vehicle.
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7 | | (2) Immobilization of the person's vehicle for a period |
8 | | of time
to be determined by the court.
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9 | | (c-3) Any person convicted of a violation of this Section |
10 | | during a period of summary suspension imposed pursuant to |
11 | | Section 11-501.1 when the person was eligible for a MDDP shall |
12 | | be guilty of a Class 4 felony and shall serve a minimum term of |
13 | | imprisonment of 30 days. |
14 | | (c-4) Any person who has been issued a MDDP and who is |
15 | | convicted of a violation of this Section as a result of |
16 | | operating or being in actual physical control of a motor |
17 | | vehicle not equipped with an ignition interlock device at the |
18 | | time of the offense shall be guilty of a Class 4 felony and |
19 | | shall serve a minimum term of imprisonment of 30 days.
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20 | | (c-5) Any person convicted of a second violation of this
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21 | | Section is guilty of a Class 2 felony, is not eligible for |
22 | | probation or conditional discharge, and shall serve a mandatory |
23 | | term of
imprisonment, if the
revocation or
suspension was for a |
24 | | violation of Section 9-3 of the Criminal Code of 1961, relating
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25 | | to the offense of reckless homicide, or a similar out-of-state |
26 | | offense.
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1 | | (d) Any person convicted of a second violation of this
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2 | | Section shall be guilty of a Class 4 felony and shall serve a |
3 | | minimum term of
imprisonment of 30 days or 300 hours of |
4 | | community service, as determined by the
court, if the original
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5 | | revocation or
suspension was for a violation of Section 11-401 |
6 | | or 11-501 of this Code,
or a similar out-of-state offense, or a |
7 | | similar provision of a local
ordinance, or a
statutory summary |
8 | | suspension or revocation under Section 11-501.1 of this Code.
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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 |
11 | | of this Section shall serve a minimum term of
imprisonment of |
12 | | 30 days or 300 hours of community service, as determined by the
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13 | | court.
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14 | | (d-2) Any person convicted of a third violation of this
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15 | | Section is guilty of a Class 4 felony and must serve a minimum |
16 | | term of
imprisonment of 30 days if the revocation or
suspension |
17 | | was for a violation of Section 11-401 or 11-501 of this Code,
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18 | | or a similar out-of-state offense, or a similar provision of a |
19 | | local
ordinance, or a
statutory summary suspension or |
20 | | revocation under Section 11-501.1 of this Code.
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21 | | (d-2.5) Any person convicted of a third violation of this
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22 | | Section is guilty of a Class 1 felony, is not eligible for |
23 | | probation or conditional discharge, and must serve a mandatory |
24 | | term of
imprisonment if the revocation or
suspension was for a |
25 | | violation of Section 9-3 of the Criminal Code of 1961, relating |
26 | | to the offense of reckless homicide, or a similar out-of-state |
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1 | | offense.
The person's driving privileges shall be revoked for |
2 | | the remainder of the person's life. |
3 | | (d-3) Any person convicted of a fourth, fifth, sixth, |
4 | | seventh, eighth, or ninth violation of this
Section is guilty |
5 | | of a Class 4 felony and must serve a minimum term of
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6 | | imprisonment of 180 days if the revocation or suspension was |
7 | | for a
violation of Section 11-401 or 11-501 of this Code, or a |
8 | | similar out-of-state
offense, or a similar provision of a local |
9 | | ordinance, or a statutory
summary suspension or revocation |
10 | | under Section 11-501.1 of this Code.
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11 | | (d-3.5) Any person convicted of a fourth or subsequent |
12 | | violation of this
Section is guilty of a Class 1 felony, is not |
13 | | eligible for probation or conditional discharge, and must serve |
14 | | a mandatory term of
imprisonment, and is eligible for an |
15 | | extended term, if the revocation or suspension was for a
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16 | | violation of Section 9-3 of the Criminal Code of 1961, relating |
17 | | to the offense of reckless homicide, or a similar out-of-state |
18 | | offense.
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19 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, |
20 | | thirteenth, or fourteenth violation of this Section is guilty |
21 | | of a Class 3 felony, and is not eligible for probation or |
22 | | conditional discharge, if the revocation or suspension was for |
23 | | a violation of Section 11-401 or 11-501 of this Code, or a |
24 | | similar out-of-state offense, or a similar provision of a local |
25 | | ordinance, or a statutory summary suspension or revocation |
26 | | under Section 11-501.1 of this Code. |
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1 | | (d-5) Any person convicted of a fifteenth or subsequent |
2 | | violation of this Section is guilty of a Class 2 felony, and is |
3 | | not eligible for probation or conditional discharge, if the |
4 | | revocation or suspension was for a violation of Section 11-401 |
5 | | or 11-501 of this Code, or a similar out-of-state offense, or a |
6 | | similar provision of a local ordinance, or a statutory summary |
7 | | suspension or revocation under Section 11-501.1 of this Code.
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8 | | (e) Any person in violation of this Section who is also in |
9 | | violation of
Section 7-601 of this Code relating to mandatory |
10 | | insurance requirements, in
addition to other penalties imposed |
11 | | under this Section, shall have his or her
motor vehicle |
12 | | immediately impounded by the arresting law enforcement |
13 | | officer.
The motor vehicle may be released to any licensed |
14 | | driver upon a showing of
proof of insurance for the vehicle |
15 | | that was impounded and the notarized written
consent for the |
16 | | release by the vehicle owner.
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17 | | (f) For any prosecution under this Section, a certified |
18 | | copy of the
driving abstract of the defendant shall be admitted |
19 | | as proof of any prior
conviction.
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20 | | (g) The motor vehicle used in a violation of this Section |
21 | | is subject
to seizure and forfeiture as provided in Sections |
22 | | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's |
23 | | driving 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. |
10 | | listed in paragraph (1) or (2) of subsection (c) of this |
11 | | Section, as a result of a summary
suspension or revocation as |
12 | | provided in paragraph (3) of subsection (c) of this
Section, or |
13 | | as a result of a violation of Section 9-3 of the Criminal Code |
14 | | of 1961 relating to the offense of reckless homicide.
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15 | | (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, |
16 | | eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, |
17 | | eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; |
18 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11 .)
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