99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4008

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-102  from Ch. 95 1/2, par. 6-102
625 ILCS 5/6-303  from Ch. 95 1/2, par. 6-303

    Amends the Illinois Vehicle Code. Provides that a person operating a farm tractor (regardless of whether operation of the farm tractor is between the home farm buildings and any adjacent or nearby land) for the exclusive purpose of conducting farm operations need not be licensed as a driver. Provides that U.S. government employees operating a motor vehicle owned or leased by the U.S. government; road machines and farm tractors; and crew members involved in the operation of trains, are exempt from provisions concerning driving while a driver's license, permit or privilege to operate a motor vehicle is suspended or revoked.


LRB099 08870 RJF 29042 b

 

 

A BILL FOR

 

HB4008LRB099 08870 RJF 29042 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
5Sections 6-102 and 6-303 as follows:
 
6    (625 ILCS 5/6-102)  (from Ch. 95 1/2, par. 6-102)
7    Sec. 6-102. What persons are exempt. The following persons
8are exempt from the requirements of Section 6-101 and are not
9required to have an Illinois drivers license or permit if one
10or more of the following qualifying exemptions are met and
11apply:
12        1. Any employee of the United States Government or any
13    member of the Armed Forces of the United States, while
14    operating a motor vehicle owned by or leased to the United
15    States Government and being operated on official business
16    need not be licensed;
17        2. A nonresident who has in his immediate possession a
18    valid license issued to him in his home state or country
19    may operate a motor vehicle for which he is licensed for
20    the period during which he is in this State;
21        3. A nonresident and his spouse and children living
22    with him who is a student at a college or university in
23    Illinois who have a valid license issued by their home

 

 

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1    State.
2        4. A person operating a road machine temporarily upon a
3    highway or operating a farm tractor between the home farm
4    buildings and any adjacent or nearby farm land for the
5    exclusive purpose of conducting farm operations need not be
6    licensed as a driver.
7        5. A resident of this State who has been serving as a
8    member of the Armed Forces of the United States outside the
9    Continental limits of the United States, for a period of
10    120 days following his return to the continental limits of
11    the United States.
12        6. A nonresident on active duty in the Armed Forces of
13    the United States who has a valid license issued by his
14    home state and such nonresident's spouse, and dependent
15    children and living with parents, who have a valid license
16    issued by their home state.
17        7. A nonresident who becomes a resident of this State,
18    may for a period of the first 90 days of residence in
19    Illinois operate any motor vehicle which he was qualified
20    or licensed to drive by his home state or country so long
21    as he has in his possession, a valid and current license
22    issued to him by his home state or country. Upon expiration
23    of such 90 day period, such new resident must comply with
24    the provisions of this Act and apply for an Illinois
25    license or permit.
26        8. An engineer, conductor, brakeman, or any other

 

 

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1    member of the crew of a locomotive or train being operated
2    upon rails, including operation on a railroad crossing over
3    a public street, road or highway. Such person is not
4    required to display a driver's license to any law
5    enforcement officer in connection with the operation of a
6    locomotive or train within this State.
7    The provisions of this Section granting exemption to any
8nonresident shall be operative to the same extent that the laws
9of the State or country of such nonresident grant like
10exemption to residents of this State.
11    The Secretary of State may implement the exemption
12provisions of this Section by inclusion thereof in a
13reciprocity agreement, arrangement or declaration issued
14pursuant to this Act.
15(Source: P.A. 96-607, eff. 8-24-09; 97-835, eff. 7-20-12.)
 
16    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
17    Sec. 6-303. Driving while driver's license, permit or
18privilege to operate a motor vehicle is suspended or revoked.
19    (a) Except as otherwise provided in subsection (a-5), and
20excepted as exempted under subsections 1, 4, and 8 of Section
216-102 of this Code, any person who drives or is in actual
22physical control of a motor vehicle on any highway of this
23State at a time when such person's driver's license, permit or
24privilege to do so or the privilege to obtain a driver's
25license or permit is revoked or suspended as provided by this

 

 

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1Code or the law of another state, except as may be specifically
2allowed by a judicial driving permit issued prior to January 1,
32009, monitoring device driving permit, family financial
4responsibility driving permit, probationary license to drive,
5or a restricted driving permit issued pursuant to this Code or
6under the law of another state, shall be guilty of a Class A
7misdemeanor.
8    (a-3) A second or subsequent violation of subsection (a) of
9this Section is a Class 4 felony if committed by a person whose
10driving or operation of a motor vehicle is the proximate cause
11of a motor vehicle accident that causes personal injury or
12death to another. For purposes of this subsection, a personal
13injury includes any Type A injury as indicated on the traffic
14accident report completed by a law enforcement officer that
15requires immediate professional attention in either a doctor's
16office or a medical facility. A Type A injury includes severe
17bleeding wounds, distorted extremities, and injuries that
18require the injured party to be carried from the scene.
19    (a-5) Any person who violates this Section as provided in
20subsection (a) while his or her driver's license, permit or
21privilege is revoked because of a violation of Section 9-3 of
22the Criminal Code of 1961 or the Criminal Code of 2012,
23relating to the offense of reckless homicide or a similar
24provision of a law of another state, is guilty of a Class 4
25felony. The person shall be required to undergo a professional
26evaluation, as provided in Section 11-501 of this Code, to

 

 

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1determine if an alcohol, drug, or intoxicating compound problem
2exists and the extent of the problem, and to undergo the
3imposition of treatment as appropriate.
4    (a-10) A person's driver's license, permit, or privilege to
5obtain a driver's license or permit may be subject to multiple
6revocations, multiple suspensions, or any combination of both
7simultaneously. No revocation or suspension shall serve to
8negate, invalidate, cancel, postpone, or in any way lessen the
9effect of any other revocation or suspension entered prior or
10subsequent to any other revocation or suspension.
11    (b) (Blank).
12    (b-1) Upon receiving a report of the conviction of any
13violation indicating a person was operating a motor vehicle
14during the time when the person's driver's license, permit or
15privilege was suspended by the Secretary of State or the
16driver's licensing administrator of another state, except as
17specifically allowed by a probationary license, judicial
18driving permit, restricted driving permit or monitoring device
19driving permit the Secretary shall extend the suspension for
20the same period of time as the originally imposed suspension
21unless the suspension has already expired, in which case the
22Secretary shall be authorized to suspend the person's driving
23privileges for the same period of time as the originally
24imposed suspension.
25    (b-2) Except as provided in subsection (b-6), upon
26receiving a report of the conviction of any violation

 

 

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1indicating a person was operating a motor vehicle when the
2person's driver's license, permit or privilege was revoked by
3the Secretary of State or the driver's license administrator of
4any other state, except as specifically allowed by a restricted
5driving permit issued pursuant to this Code or the law of
6another state, the Secretary shall not issue a driver's license
7for an additional period of one year from the date of such
8conviction indicating such person was operating a vehicle
9during such period of revocation.
10    (b-3) (Blank).
11    (b-4) When the Secretary of State receives a report of a
12conviction of any violation indicating a person was operating a
13motor vehicle that was not equipped with an ignition interlock
14device during a time when the person was prohibited from
15operating a motor vehicle not equipped with such a device, the
16Secretary shall not issue a driver's license to that person for
17an additional period of one year from the date of the
18conviction.
19    (b-5) Any person convicted of violating this Section shall
20serve a minimum term of imprisonment of 30 consecutive days or
21300 hours of community service when the person's driving
22privilege was revoked or suspended as a result of a violation
23of Section 9-3 of the Criminal Code of 1961 or the Criminal
24Code of 2012, relating to the offense of reckless homicide, or
25a similar provision of a law of another state.
26    (b-6) Upon receiving a report of a first conviction of

 

 

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1operating a motor vehicle while the person's driver's license,
2permit or privilege was revoked where the revocation was for a
3violation of Section 9-3 of the Criminal Code of 1961 or the
4Criminal Code of 2012 relating to the offense of reckless
5homicide or a similar out-of-state offense, the Secretary shall
6not issue a driver's license for an additional period of three
7years from the date of such conviction.
8    (c) Except as provided in subsections (c-3) and (c-4), any
9person convicted of violating this Section shall serve a
10minimum term of imprisonment of 10 consecutive days or 30 days
11of community service when the person's driving privilege was
12revoked or suspended as a result of:
13        (1) a violation of Section 11-501 of this Code or a
14    similar provision of a local ordinance relating to the
15    offense of operating or being in physical control of a
16    vehicle while under the influence of alcohol, any other
17    drug or any combination thereof; or
18        (2) a violation of paragraph (b) of Section 11-401 of
19    this Code or a similar provision of a local ordinance
20    relating to the offense of leaving the scene of a motor
21    vehicle accident involving personal injury or death; or
22        (3) a statutory summary suspension or revocation under
23    Section 11-501.1 of this Code.
24    Such sentence of imprisonment or community service shall
25not be subject to suspension in order to reduce such sentence.
26    (c-1) Except as provided in subsections (c-5) and (d), any

 

 

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1person convicted of a second violation of this Section shall be
2ordered by the court to serve a minimum of 100 hours of
3community service.
4    (c-2) In addition to other penalties imposed under this
5Section, the court may impose on any person convicted a fourth
6time of violating this Section any of the following:
7        (1) Seizure of the license plates of the person's
8    vehicle.
9        (2) Immobilization of the person's vehicle for a period
10    of time to be determined by the court.
11    (c-3) Any person convicted of a violation of this Section
12during a period of summary suspension imposed pursuant to
13Section 11-501.1 when the person was eligible for a MDDP shall
14be guilty of a Class 4 felony and shall serve a minimum term of
15imprisonment of 30 days.
16    (c-4) Any person who has been issued a MDDP and who is
17convicted of a violation of this Section as a result of
18operating or being in actual physical control of a motor
19vehicle not equipped with an ignition interlock device at the
20time of the offense shall be guilty of a Class 4 felony and
21shall serve a minimum term of imprisonment of 30 days.
22    (c-5) Any person convicted of a second violation of this
23Section is guilty of a Class 2 felony, is not eligible for
24probation or conditional discharge, and shall serve a mandatory
25term of imprisonment, if:
26         (1) the current violation occurred when the person's

 

 

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1    driver's license was suspended or revoked for a violation
2    of Section 9-3 of the Criminal Code of 1961 or the Criminal
3    Code of 2012, relating to the offense of reckless homicide,
4    or a similar out-of-state offense; and
5        (2) the prior conviction under this Section occurred
6    while the person's driver's license was suspended or
7    revoked for a violation of Section 9-3 of the Criminal Code
8    of 1961 or the Criminal Code of 2012 relating to the
9    offense of reckless homicide, or a similar out-of-state
10    offense, or was suspended or revoked for a violation of
11    Section 11-401 or 11-501 of this Code, a similar
12    out-of-state offense, a similar provision of a local
13    ordinance, or a statutory summary suspension or revocation
14    under Section 11-501.1 of this Code.
15    (d) Any person convicted of a second violation of this
16Section shall be guilty of a Class 4 felony and shall serve a
17minimum term of imprisonment of 30 days or 300 hours of
18community service, as determined by the court, if:
19        (1) the current violation occurred when the person's
20    driver's license was suspended or revoked for a violation
21    of Section 11-401 or 11-501 of this Code, a similar
22    out-of-state offense, a similar provision of a local
23    ordinance, or a statutory summary suspension or revocation
24    under Section 11-501.1 of this Code; and
25        (2) the prior conviction under this Section occurred
26    while the person's driver's license was suspended or

 

 

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1    revoked for a violation of Section 11-401 or 11-501 of this
2    Code, a similar out-of-state offense, a similar provision
3    of a local ordinance, or a statutory summary suspension or
4    revocation under Section 11-501.1 of this Code, or for a
5    violation of Section 9-3 of the Criminal Code of 1961 or
6    the Criminal Code of 2012, relating to the offense of
7    reckless homicide, or a similar out-of-state offense.
8    (d-1) Except as provided in subsections (d-2), (d-2.5), and
9(d-3), any person convicted of a third or subsequent violation
10of this Section shall serve a minimum term of imprisonment of
1130 days or 300 hours of community service, as determined by the
12court.
13    (d-2) Any person convicted of a third violation of this
14Section is guilty of a Class 4 felony and must serve a minimum
15term of imprisonment of 30 days, if:
16        (1) the current violation occurred when the person's
17    driver's license was suspended or revoked for a violation
18    of Section 11-401 or 11-501 of this Code, or a similar
19    out-of-state offense, or a similar provision of a local
20    ordinance, or a statutory summary suspension or revocation
21    under Section 11-501.1 of this Code; and
22        (2) the prior convictions under this Section occurred
23    while the person's driver's license was suspended or
24    revoked for a violation of Section 11-401 or 11-501 of this
25    Code, a similar out-of-state offense, a similar provision
26    of a local ordinance, or a statutory summary suspension or

 

 

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1    revocation under Section 11-501.1 of this Code, or for a
2    violation of Section 9-3 of the Criminal Code of 1961 or
3    the Criminal Code of 2012, relating to the offense of
4    reckless homicide, or a similar out-of-state offense.
5    (d-2.5) Any person convicted of a third violation of this
6Section is guilty of a Class 1 felony, is not eligible for
7probation or conditional discharge, and must serve a mandatory
8term of imprisonment, if:
9        (1) the current violation occurred while the person's
10    driver's license was suspended or revoked for a violation
11    of Section 9-3 of the Criminal Code of 1961 or the Criminal
12    Code of 2012, relating to the offense of reckless homicide,
13    or a similar out-of-state offense. The person's driving
14    privileges shall be revoked for the remainder of the
15    person's life; and
16        (2) the prior convictions under this Section occurred
17    while the person's driver's license was suspended or
18    revoked for a violation of Section 9-3 of the Criminal Code
19    of 1961 or the Criminal Code of 2012, relating to the
20    offense of reckless homicide, or a similar out-of-state
21    offense, or was suspended or revoked for a violation of
22    Section 11-401 or 11-501 of this Code, a similar
23    out-of-state offense, a similar provision of a local
24    ordinance, or a statutory summary suspension or revocation
25    under Section 11-501.1 of this Code.
26    (d-3) Any person convicted of a fourth, fifth, sixth,

 

 

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1seventh, eighth, or ninth violation of this Section is guilty
2of a Class 4 felony and must serve a minimum term of
3imprisonment of 180 days, if:
4        (1) the current violation occurred when the person's
5    driver's license was suspended or revoked for a violation
6    of Section 11-401 or 11-501 of this Code, a similar
7    out-of-state offense, a similar provision of a local
8    ordinance, or a statutory summary suspension or revocation
9    under Section 11-501.1 of this Code; and
10        (2) the prior convictions under this Section occurred
11    while the person's driver's license was suspended or
12    revoked for a violation of Section 11-401 or 11-501 of this
13    Code, a similar out-of-state offense, a similar provision
14    of a local ordinance, or a statutory summary suspension or
15    revocation under Section 11-501.1 of this Code, or for a
16    violation of Section 9-3 of the Criminal Code of 1961 or
17    the Criminal Code of 2012, relating to the offense of
18    reckless homicide, or a similar out-of-state offense.
19    (d-3.5) Any person convicted of a fourth or subsequent
20violation of this Section is guilty of a Class 1 felony, is not
21eligible for probation or conditional discharge, and must serve
22a mandatory term of imprisonment, and is eligible for an
23extended term, if:
24        (1) the current violation occurred when the person's
25    driver's license was suspended or revoked for a violation
26    of Section 9-3 of the Criminal Code of 1961 or the Criminal

 

 

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1    Code of 2012, relating to the offense of reckless homicide,
2    or a similar out-of-state offense; and
3        (2) the prior convictions under this Section occurred
4    while the person's driver's license was suspended or
5    revoked for a violation of Section 9-3 of the Criminal Code
6    of 1961 or the Criminal Code of 2012, relating to the
7    offense of reckless homicide, or a similar out-of-state
8    offense, or was suspended or revoked for a violation of
9    Section 11-401 or 11-501 of this Code, a similar
10    out-of-state offense, a similar provision of a local
11    ordinance, or a statutory summary suspension or revocation
12    under Section 11-501.1 of this Code.
13    (d-4) Any person convicted of a tenth, eleventh, twelfth,
14thirteenth, or fourteenth violation of this Section is guilty
15of a Class 3 felony, and is not eligible for probation or
16conditional discharge, if:
17        (1) the current violation occurred when the person's
18    driver's license was suspended or revoked for a violation
19    of Section 11-401 or 11-501 of this Code, or a similar
20    out-of-state offense, or a similar provision of a local
21    ordinance, or a statutory summary suspension or revocation
22    under Section 11-501.1 of this Code; and
23        (2) the prior convictions under this Section occurred
24    while the person's driver's license was suspended or
25    revoked for a violation of Section 11-401 or 11-501 of this
26    Code, a similar out-of-state offense, a similar provision

 

 

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1    of a local ordinance, or a statutory suspension or
2    revocation under Section 11-501.1 of this Code, or for a
3    violation of Section 9-3 of the Criminal Code of 1961 or
4    the Criminal Code of 2012, relating to the offense of
5    reckless homicide, or a similar out-of-state offense.
6    (d-5) Any person convicted of a fifteenth or subsequent
7violation of this Section is guilty of a Class 2 felony, and is
8not eligible for probation or conditional discharge, if:
9        (1) the current violation occurred when the person's
10    driver's license was suspended or revoked for a violation
11    of Section 11-401 or 11-501 of this Code, or a similar
12    out-of-state offense, or a similar provision of a local
13    ordinance, or a statutory summary suspension or revocation
14    under Section 11-501.1 of this Code; and
15        (2) the prior convictions under this Section occurred
16    while the person's driver's license was suspended or
17    revoked for a violation of Section 11-401 or 11-501 of this
18    Code, a similar out-of-state offense, a similar provision
19    of a local ordinance, or a statutory summary suspension or
20    revocation under Section 11-501.1 of this Code, or for a
21    violation of Section 9-3 of the Criminal Code of 1961 or
22    the Criminal Code of 2012, relating to the offense of
23    reckless homicide, or a similar out-of-state offense.
24    (e) Any person in violation of this Section who is also in
25violation of Section 7-601 of this Code relating to mandatory
26insurance requirements, in addition to other penalties imposed

 

 

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1under this Section, shall have his or her motor vehicle
2immediately impounded by the arresting law enforcement
3officer. The motor vehicle may be released to any licensed
4driver upon a showing of proof of insurance for the vehicle
5that was impounded and the notarized written consent for the
6release by the vehicle owner.
7    (f) For any prosecution under this Section, a certified
8copy of the driving abstract of the defendant shall be admitted
9as proof of any prior conviction.
10    (g) The motor vehicle used in a violation of this Section
11is subject to seizure and forfeiture as provided in Sections
1236-1 and 36-2 of the Criminal Code of 2012 if the person's
13driving privilege was revoked or suspended as a result of:
14        (1) a violation of Section 11-501 of this Code, a
15    similar provision of a local ordinance, or a similar
16    provision of a law of another state;
17        (2) a violation of paragraph (b) of Section 11-401 of
18    this Code, a similar provision of a local ordinance, or a
19    similar provision of a law of another state;
20        (3) a statutory summary suspension or revocation under
21    Section 11-501.1 of this Code or a similar provision of a
22    law of another state; or
23        (4) a violation of Section 9-3 of the Criminal Code of
24    1961 or the Criminal Code of 2012 relating to the offense
25    of reckless homicide, or a similar provision of a law of
26    another state.

 

 

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1(Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13;
298-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff.
38-27-13; 98-756, eff. 7-16-14.)