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Sen. Chapin Rose
Filed: 4/15/2013
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1 | | AMENDMENT TO SENATE BILL 1735
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1735 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Vehicle Code is amended by |
5 | | changing 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 |
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1 | | driving permit, family financial responsibility driving |
2 | | permit, probationary
license to drive, or a restricted driving |
3 | | permit issued pursuant to this Code
or under the law of another |
4 | | state, shall be guilty of a Class A misdemeanor.
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5 | | (a-3) A second or subsequent violation of subsection (a) of |
6 | | this Section is a Class 4 felony, if committed by a person |
7 | | whose driving or operation of a motor vehicle is the proximate |
8 | | cause of a motor vehicle accident that causes personal injury |
9 | | or death to another. For purposes of this subsection, a |
10 | | personal injury includes any Type A injury as indicated on the |
11 | | traffic accident report completed by a law enforcement officer |
12 | | that requires immediate professional attention in either a |
13 | | doctor's office or a medical facility. A Type A injury includes |
14 | | severe bleeding wounds, distorted extremities, and injuries |
15 | | that require the injured party to be carried from the scene. |
16 | | (a-5) Any person who violates this Section as provided in |
17 | | subsection (a) while his or her driver's license, permit or |
18 | | privilege is revoked because of a violation of Section 9-3 of |
19 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
20 | | relating to the offense of reckless homicide or a similar |
21 | | provision of a law of another state, is guilty of a Class 4 |
22 | | felony. The person shall be required to undergo a professional |
23 | | evaluation, as provided in Section 11-501 of this Code, to |
24 | | determine if an alcohol, drug, or intoxicating compound problem |
25 | | exists and the extent of the problem, and to undergo the |
26 | | imposition of treatment as appropriate.
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1 | | (b) (Blank). |
2 | | (b-1) Upon receiving a report of the conviction of any |
3 | | violation indicating a person was operating a motor vehicle |
4 | | during the time when the person's driver's license, permit or |
5 | | privilege was suspended by the Secretary of State or the |
6 | | driver's licensing administrator of another state, except as |
7 | | specifically allowed by a probationary license, judicial |
8 | | driving permit, restricted driving permit or monitoring device |
9 | | driving permit the Secretary shall extend the suspension for |
10 | | the same period of time as the originally imposed suspension |
11 | | unless the suspension has already expired, in which case the |
12 | | Secretary shall be authorized to suspend the person's driving |
13 | | privileges for the same period of time as the originally |
14 | | imposed suspension. |
15 | | (b-2) Except as provided in subsection (b-6), upon |
16 | | receiving a report of the conviction of any violation |
17 | | indicating a person was operating a motor vehicle when the |
18 | | person's driver's license, permit or privilege was revoked by |
19 | | the Secretary of State or the driver's license administrator of |
20 | | any other state, except as specifically allowed by a restricted |
21 | | driving permit issued pursuant to this Code or the law of |
22 | | another state, the Secretary shall not issue a driver's license |
23 | | for an additional period of one year from the date of such |
24 | | conviction indicating such person was operating a vehicle |
25 | | during such period of revocation. |
26 | | (b-3) (Blank).
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1 | | (b-4) When the Secretary of State receives a report of a |
2 | | conviction of any violation indicating a person was operating a |
3 | | motor vehicle that was not equipped with an ignition interlock |
4 | | device during a time when the person was prohibited from |
5 | | operating a motor vehicle not equipped with such a device, the |
6 | | Secretary shall not issue a driver's license to that person for |
7 | | an additional period of one year from the date of the |
8 | | conviction.
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9 | | (b-5) Any person convicted of violating this Section shall |
10 | | serve a minimum
term of imprisonment of 30 consecutive days or |
11 | | 300
hours of community service
when the person's driving |
12 | | privilege was revoked or suspended as a result of a violation |
13 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
14 | | Code of 2012,
relating to the offense of reckless homicide, or |
15 | | a similar provision of a law of another state.
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16 | | (b-6) Upon receiving a report of a first conviction of |
17 | | operating a motor vehicle while the person's driver's license, |
18 | | permit or privilege was revoked where the revocation was for a |
19 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
20 | | Criminal Code of 2012 relating to the offense of reckless |
21 | | homicide or a similar out-of-state offense, the Secretary shall |
22 | | not issue a driver's license for an additional period of three |
23 | | years from the date of such conviction. |
24 | | (c) Except as provided in subsections (c-3) and (c-4), any |
25 | | person convicted of violating this Section shall serve a |
26 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
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1 | | of community service
when the person's driving privilege was |
2 | | revoked or suspended as a result of:
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3 | | (1) a violation of Section 11-501 of this Code or a |
4 | | similar provision
of a local ordinance relating to the |
5 | | offense of operating or being in physical
control of a |
6 | | vehicle while under the influence of alcohol, any other |
7 | | drug
or any combination thereof; or
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8 | | (2) a violation of paragraph (b) of Section 11-401 of |
9 | | this Code or a
similar provision of a local ordinance |
10 | | relating to the offense of leaving the
scene of a motor |
11 | | vehicle accident involving personal injury or death; or
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12 | | (3)
a statutory summary suspension or revocation under |
13 | | Section 11-501.1 of this
Code.
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14 | | Such sentence of imprisonment or community service shall |
15 | | not be subject
to suspension in order to reduce such sentence.
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16 | | (c-1) Except as provided in subsections (c-5) and (d), any |
17 | | person convicted of a
second violation of this Section shall be |
18 | | ordered by the court to serve a
minimum
of 100 hours of |
19 | | community service.
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20 | | (c-2) In addition to other penalties imposed under this |
21 | | Section, the
court may impose on any person convicted a fourth |
22 | | time of violating this
Section any of
the following:
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23 | | (1) Seizure of the license plates of the person's |
24 | | vehicle.
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25 | | (2) Immobilization of the person's vehicle for a period |
26 | | of time
to be determined by the court.
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1 | | (c-3) Any person convicted of a violation of this Section |
2 | | during a period of summary suspension imposed pursuant to |
3 | | Section 11-501.1 when the person was eligible for a MDDP shall |
4 | | be guilty of a Class 4 felony and shall serve a minimum term of |
5 | | imprisonment of 30 days. |
6 | | (c-4) Any person who has been issued a MDDP and who is |
7 | | convicted of a violation of this Section as a result of |
8 | | operating or being in actual physical control of a motor |
9 | | vehicle not equipped with an ignition interlock device at the |
10 | | time of the offense shall be guilty of a Class 4 felony and |
11 | | shall serve a minimum term of imprisonment of 30 days.
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12 | | (c-5) Any person convicted of a second violation of this
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13 | | Section is guilty of a Class 2 felony, is not eligible for |
14 | | probation or conditional discharge, and shall serve a mandatory |
15 | | term of
imprisonment, if the
revocation or
suspension was for a |
16 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
17 | | Criminal Code of 2012, relating
to the offense of reckless |
18 | | homicide, or a similar out-of-state offense.
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19 | | (d) Any person convicted of a second violation of this
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20 | | Section shall be guilty of a Class 4 felony and shall serve a |
21 | | minimum term of
imprisonment of 30 days or 300 hours of |
22 | | community service, as determined by the
court, if the original
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23 | | revocation or
suspension was for a violation of Section 11-401 |
24 | | or 11-501 of this Code,
or a similar out-of-state offense, or a |
25 | | similar provision of a local
ordinance, or a
statutory summary |
26 | | suspension or revocation under Section 11-501.1 of this Code.
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1 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and |
2 | | (d-3), any
person convicted of
a third or subsequent violation |
3 | | of this Section shall serve a minimum term of
imprisonment of |
4 | | 30 days or 300 hours of community service, as determined by the
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5 | | court.
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6 | | (d-2) Any person convicted of a third violation of this
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7 | | Section is guilty of a Class 4 felony and must serve a minimum |
8 | | term of
imprisonment of 30 days if the revocation or
suspension |
9 | | was for a violation of Section 11-401 or 11-501 of this Code,
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10 | | or a similar out-of-state offense, or a similar provision of a |
11 | | local
ordinance, or a
statutory summary suspension or |
12 | | revocation under Section 11-501.1 of this Code.
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13 | | (d-2.5) Any person convicted of a third violation of this
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14 | | Section is guilty of a Class 1 felony, is not eligible for |
15 | | probation or conditional discharge, and must serve a mandatory |
16 | | term of
imprisonment if the revocation or
suspension was for a |
17 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
18 | | Criminal Code of 2012, relating to the offense of reckless |
19 | | homicide, or a similar out-of-state offense.
The person's |
20 | | driving privileges shall be revoked for the remainder of the |
21 | | person's life. |
22 | | (d-3) Any person convicted of a fourth, fifth, sixth, |
23 | | seventh, eighth, or ninth violation of this
Section is guilty |
24 | | of a Class 4 felony and must serve a minimum term of
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25 | | imprisonment of 180 days if the revocation or suspension was |
26 | | for a
violation of Section 11-401 or 11-501 of this Code, or a |
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1 | | similar out-of-state
offense, or a similar provision of a local |
2 | | ordinance, or a statutory
summary suspension or revocation |
3 | | under Section 11-501.1 of this Code.
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4 | | (d-3.5) Any person convicted of a fourth or subsequent |
5 | | violation of this
Section is guilty of a Class 1 felony, is not |
6 | | eligible for probation or conditional discharge, and must serve |
7 | | a mandatory term of
imprisonment, and is eligible for an |
8 | | extended term, if the revocation or suspension was for a
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9 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012, relating to the offense of reckless |
11 | | homicide, or a similar out-of-state offense.
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12 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, |
13 | | thirteenth, or fourteenth violation of this Section is guilty |
14 | | of a Class 3 felony, and is not eligible for probation or |
15 | | conditional discharge, if the revocation or suspension was for |
16 | | a violation of Section 11-401 or 11-501 of this Code, or a |
17 | | similar out-of-state offense, or a similar provision of a local |
18 | | ordinance, or a statutory summary suspension or revocation |
19 | | under Section 11-501.1 of this Code. |
20 | | (d-5) Any person convicted of a fifteenth or subsequent |
21 | | violation of this Section is guilty of a Class 2 felony, and is |
22 | | not eligible for probation or conditional discharge, if the |
23 | | revocation or suspension was for a violation of Section 11-401 |
24 | | or 11-501 of this Code, or a similar out-of-state offense, or a |
25 | | similar provision of a local ordinance, or a statutory summary |
26 | | suspension or revocation under Section 11-501.1 of this Code.
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1 | | (e) Any person in violation of this Section who is also in |
2 | | violation of
Section 7-601 of this Code relating to mandatory |
3 | | insurance requirements, in
addition to other penalties imposed |
4 | | under this Section, shall have his or her
motor vehicle |
5 | | immediately impounded by the arresting law enforcement |
6 | | officer.
The motor vehicle may be released to any licensed |
7 | | driver upon a showing of
proof of insurance for the vehicle |
8 | | that was impounded and the notarized written
consent for the |
9 | | release by the vehicle owner.
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10 | | (f) For any prosecution under this Section, a certified |
11 | | copy of the
driving abstract of the defendant shall be admitted |
12 | | as proof of any prior
conviction.
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13 | | (g) The motor vehicle used in a violation of this Section |
14 | | is subject
to seizure and forfeiture as provided in Sections |
15 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's |
16 | | driving privilege was revoked
or suspended as a result of: |
17 | | (1) a violation of Section 11-501 of this Code, a |
18 | | similar provision
of a local ordinance, or a similar |
19 | | provision of a law of another state; |
20 | | (2) a violation of paragraph (b) of Section 11-401 of |
21 | | this Code, a
similar provision of a local ordinance, or a |
22 | | similar provision of a law of another state; |
23 | | (3) a statutory summary suspension or revocation under |
24 | | Section 11-501.1 of this
Code or a similar provision of a |
25 | | law of another state; or |
26 | | (4) a violation of Section 9-3 of the Criminal Code of |
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1 | | 1961 or the Criminal Code of 2012 relating to the offense |
2 | | of reckless homicide, or a similar provision of a law of |
3 | | another state.
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4 | | (Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; |
5 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. |
6 | | 1-1-13; 97-1150, eff. 1-25-13.)".
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