Full Text of HB5214 97th General Assembly
HB5214ham001 97TH GENERAL ASSEMBLY | Rep. Randy Ramey, Jr. Filed: 3/5/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5214
| 2 | | AMENDMENT NO. ______. Amend House Bill 5214 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 1-144.5, 6-206.1, and 6-303, and by adding | 6 | | Section 1-111.9a as follows: | 7 | | (625 ILCS 5/1-111.9a new) | 8 | | Sec. 1-111.9a. Continuous alcohol monitoring device. A | 9 | | device that automatically tests breath, blood, or transdermal | 10 | | alcohol concentration levels at least once every hour and | 11 | | detects tamper attempts, regardless of the location of the | 12 | | person who is being monitored, and regularly transmits the | 13 | | data. | 14 | | (625 ILCS 5/1-144.5) | 15 | | Sec. 1-144.5. Monitoring device driving permit. A permit |
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| 1 | | that allows a person whose driver's license has been summarily | 2 | | suspended under Section 11-501.1 to drive a vehicle, for the | 3 | | applicable period described in Section 6-206.1, if the vehicle | 4 | | is equipped with an ignition interlock device as defined in | 5 | | Section 1-129.1 or if the person wears a continuous alcohol | 6 | | monitoring device as defined in Section 1-111.9a .
| 7 | | (Source: P.A. 95-400, eff. 1-1-09 .) | 8 | | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | 9 | | Sec. 6-206.1. Monitoring Device Driving Permit. | 10 | | Declaration of Policy. It is hereby declared a policy of the
| 11 | | State of Illinois that the driver who is impaired by alcohol, | 12 | | other drug or
drugs, or intoxicating compound or compounds is a
| 13 | | threat to the public safety and welfare. Therefore, to
provide | 14 | | a deterrent to such practice, a statutory summary driver's | 15 | | license suspension is appropriate.
It is also recognized that | 16 | | driving is a privilege and therefore, that the granting of | 17 | | driving privileges, in a manner consistent with public
safety, | 18 | | is warranted during the period of suspension in the form of a | 19 | | monitoring device driving permit. A person who drives and fails | 20 | | to comply with the requirements of the monitoring device | 21 | | driving permit commits a violation of Section 6-303 of this | 22 | | Code. | 23 | | The following procedures shall apply whenever
a first | 24 | | offender, as defined in Section 11-500 of this Code, is | 25 | | arrested for any offense as defined in Section 11-501
or a |
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| 1 | | similar provision of a local ordinance and is subject to the | 2 | | provisions of Section 11-501.1: | 3 | | (a) Upon mailing of the notice of suspension of driving | 4 | | privileges as provided in subsection (h) of Section 11-501.1 of | 5 | | this Code, the Secretary shall also send written notice | 6 | | informing the person that he or she will be issued a monitoring | 7 | | device driving permit (MDDP). The notice shall include, at | 8 | | minimum, information summarizing the procedure to be followed | 9 | | for issuance of the MDDP, installation of the breath alcohol | 10 | | ignition installation device (BAIID) or fitting of the | 11 | | continuous alcohol monitoring device , as provided in this | 12 | | Section, exemption from BAIID installation requirements, and | 13 | | procedures to be followed by those seeking indigent status, as | 14 | | provided in this Section. The notice shall also include | 15 | | information summarizing the procedure to be followed if the | 16 | | person wishes to decline issuance of the MDDP. A copy of the | 17 | | notice shall also be sent to the court of venue together with | 18 | | the notice of suspension of driving privileges, as provided in | 19 | | subsection (h) of Section 11-501. However, a MDDP shall not be | 20 | | issued if the Secretary finds that:
| 21 | | (1) The offender's driver's license is otherwise | 22 | | invalid; | 23 | | (2) Death or great bodily harm resulted from the arrest | 24 | | for Section 11-501; | 25 | | (3) The offender has been previously convicted of | 26 | | reckless homicide or aggravated driving under the |
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| 1 | | influence involving death; or | 2 | | (4) The offender is less than 18 years of age. | 3 | | Any offender participating in the MDDP program must pay the | 4 | | Secretary a MDDP Administration Fee in an amount not to exceed | 5 | | $30 per month, to be deposited into the Monitoring Device | 6 | | Driving Permit Administration Fee Fund. The Secretary shall | 7 | | establish by rule the amount and the procedures, terms, and | 8 | | conditions relating to these fees. The offender must have an | 9 | | ignition interlock device installed or be fitted with a | 10 | | continuous alcohol monitoring device within 14 days of the date | 11 | | the Secretary issues the MDDP. The ignition interlock device or | 12 | | continuous alcohol monitoring device provider must notify the | 13 | | Secretary, in a manner and form prescribed by the Secretary, of | 14 | | the installation or fitting . If the Secretary does not receive | 15 | | notice of installation or fitting , the Secretary shall cancel | 16 | | the MDDP.
| 17 | | A MDDP shall not become effective prior to the 31st
day of | 18 | | the original statutory summary suspension. | 19 | | Upon receipt of the notice, as provided in paragraph (a) of | 20 | | this Section, the person may file a petition to decline | 21 | | issuance of the MDDP with the court of venue. The court shall | 22 | | admonish the offender of all consequences of declining issuance | 23 | | of the MDDP including, but not limited to, the enhanced | 24 | | penalties for driving while suspended. After being so | 25 | | admonished, the offender shall be permitted, in writing, to | 26 | | execute a notice declining issuance of the MDDP. This notice |
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| 1 | | shall be filed with the court and forwarded by the clerk of the | 2 | | court to the Secretary. The offender may, at any time | 3 | | thereafter, apply to the Secretary for issuance of a MDDP. | 4 | | (a-1) A person issued a MDDP may drive for any purpose and | 5 | | at any time, subject to the rules adopted by the Secretary | 6 | | under subsection (g). The person must, at his or her own | 7 | | expense, wear on his or her ankle a continuous alcohol | 8 | | monitoring device as defined in Section 1-111.9a or drive only | 9 | | vehicles equipped with an ignition interlock device as defined | 10 | | in Section 1-129.1, but in no event shall such person drive a | 11 | | commercial motor vehicle. | 12 | | (a-2) Persons who are issued a MDDP and must drive | 13 | | employer-owned vehicles in the course of their employment | 14 | | duties may seek permission to drive an employer-owned vehicle | 15 | | that does not have an ignition interlock device. The employer | 16 | | shall provide to the Secretary a form, as prescribed by the | 17 | | Secretary, completed by the employer verifying that the | 18 | | employee must drive an employer-owned vehicle in the course of | 19 | | employment. If approved by the Secretary, the form must be in | 20 | | the driver's possession while operating an employer-owner | 21 | | vehicle not equipped with an ignition interlock device. No | 22 | | person may use this exemption to drive a school bus, school | 23 | | vehicle, or a vehicle designed to transport more than 15 | 24 | | passengers. No person may use this exemption to drive an | 25 | | employer-owned motor vehicle that is owned by an entity that is | 26 | | wholly or partially owned by the person holding the MDDP, or by |
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| 1 | | a family member of the person holding the MDDP. No person may | 2 | | use this exemption to drive an employer-owned vehicle that is | 3 | | made available to the employee for personal use. No person may | 4 | | drive the exempted vehicle more than 12 hours per day, 6 days | 5 | | per week.
| 6 | | (a-3) Persons who are issued a MDDP and who must drive a | 7 | | farm tractor to and from a farm, within 50 air miles from the | 8 | | originating farm are exempt from installation of a BAIID on the | 9 | | farm tractor, so long as the farm tractor is being used for the | 10 | | exclusive purpose of conducting farm operations. | 11 | | (b) (Blank). | 12 | | (c) (Blank).
| 13 | | (c-1) If the holder of the MDDP is convicted of or receives | 14 | | court supervision for a violation of Section 6-206.2, 6-303, | 15 | | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | 16 | | provision of a local ordinance or a similar out-of-state | 17 | | offense or is convicted of or receives court supervision for | 18 | | any offense for which alcohol or drugs is an element of the | 19 | | offense and in which a motor vehicle was involved (for an | 20 | | arrest other than the one for which the MDDP is issued), or | 21 | | de-installs the BAIID or removes the continuous alcohol | 22 | | monitoring device without prior authorization from the | 23 | | Secretary, the MDDP shall be cancelled. | 24 | | (c-5) If the Secretary determines that the person seeking | 25 | | the MDDP is indigent, the Secretary shall provide the person | 26 | | with a written document as evidence of that determination, and |
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| 1 | | the person shall provide that written document to an ignition | 2 | | interlock device provider. The provider shall install an | 3 | | ignition interlock device on that person's vehicle without | 4 | | charge to the person, and seek reimbursement from the Indigent | 5 | | BAIID Fund.
If the Secretary has deemed an offender indigent, | 6 | | the BAIID provider shall also provide the normal monthly | 7 | | monitoring services and the de-installation without charge to | 8 | | the offender and seek reimbursement from the Indigent BAIID | 9 | | Fund. Any other monetary charges, such as a lockout fee or | 10 | | reset fee, shall be the responsibility of the MDDP holder. A | 11 | | BAIID provider may not seek a security deposit from the | 12 | | Indigent BAIID Fund. Nothing in this subsection (c-5) gives a | 13 | | person who is indigent the right to be fitted with a continuous | 14 | | alcohol monitoring device without payment of fees. | 15 | | (d) MDDP information
shall be available only to the courts, | 16 | | police officers, and the Secretary, except during the actual | 17 | | period the MDDP is valid, during which
time it shall be a | 18 | | public record. | 19 | | (e) (Blank). | 20 | | (f) (Blank). | 21 | | (g) The Secretary shall adopt rules for implementing this | 22 | | Section. The rules adopted shall address issues including, but | 23 | | not limited to: compliance with the requirements of the MDDP; | 24 | | methods for determining compliance with those requirements; | 25 | | the consequences of noncompliance with those requirements; | 26 | | what constitutes a violation of the MDDP; methods for |
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| 1 | | determining indigency; and the duties of a person or entity | 2 | | that supplies the ignition interlock device or continuous | 3 | | alcohol monitoring device . | 4 | | (h) The rules adopted under subsection (g) shall provide, | 5 | | at a minimum, that the person is not in compliance with the | 6 | | requirements of the MDDP if he or she: | 7 | | (1) tampers or attempts to tamper with or circumvent | 8 | | the proper operation of the ignition interlock device or | 9 | | continuous alcohol monitoring device ; | 10 | | (2) provides valid breath samples that register blood | 11 | | alcohol levels in excess of the number of times allowed | 12 | | under the rules; | 13 | | (3) fails to provide evidence sufficient to satisfy the | 14 | | Secretary that the ignition interlock device has been | 15 | | installed in the designated vehicle or vehicles or that the | 16 | | person has been fitted with a continuous alcohol monitoring | 17 | | device ; or | 18 | | (4) fails to follow any other applicable rules adopted | 19 | | by the Secretary. | 20 | | (i) Any person or entity that supplies an ignition | 21 | | interlock device as provided under this Section shall, in | 22 | | addition to supplying only those devices which fully comply | 23 | | with all the rules adopted under subsection (g), provide the | 24 | | Secretary, within 7 days of inspection, all monitoring reports | 25 | | of each person who has had an ignition interlock device | 26 | | installed. These reports shall be furnished in a manner or form |
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| 1 | | as prescribed by the Secretary. | 2 | | (i) A person or entity that supplies a continuous alcohol | 3 | | monitoring device as provided under this Section shall, in | 4 | | addition to supplying only those devices which fully comply | 5 | | with all the rules adopted under subsection (g), provide the | 6 | | Secretary, within 7 days of inspection, all monitoring reports | 7 | | of each person who has been fitted with a continuous alcohol | 8 | | monitoring device. These reports shall be furnished in a manner | 9 | | or form as prescribed by the Secretary. | 10 | | (j) Upon making a determination that a violation of the | 11 | | requirements of the MDDP has occurred, the Secretary shall | 12 | | extend the summary suspension period for an additional 3 months | 13 | | beyond the originally imposed summary suspension period, | 14 | | during which time the person shall only be allowed to drive | 15 | | while fitted with a continuous alcohol monitoring device or | 16 | | drive vehicles equipped with an ignition interlock device; | 17 | | provided further there are no limitations on the total number | 18 | | of times the summary suspension may be extended. The Secretary | 19 | | may, however, limit the number of extensions imposed for | 20 | | violations occurring during any one monitoring period, as set | 21 | | forth by rule. Any person whose summary suspension is extended | 22 | | pursuant to this Section shall have the right to contest the | 23 | | extension through a hearing with the Secretary, pursuant to | 24 | | Section 2-118 of this Code. If the summary suspension has | 25 | | already terminated prior to the Secretary receiving the | 26 | | monitoring report that shows a violation, the Secretary shall |
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| 1 | | be authorized to suspend the person's driving privileges for 3 | 2 | | months, provided that the Secretary may, by rule, limit the | 3 | | number of suspensions to be entered pursuant to this paragraph | 4 | | for violations occurring during any one monitoring period. Any | 5 | | person whose license is suspended pursuant to this paragraph, | 6 | | after the summary suspension had already terminated, shall have | 7 | | the right to contest the suspension through a hearing with the | 8 | | Secretary, pursuant to Section 2-118 of this Code. The only | 9 | | permit the person shall be eligible for during this new | 10 | | suspension period is a MDDP. | 11 | | (k) A person who has had his or her summary suspension | 12 | | extended for the third time, or has any combination of 3 | 13 | | extensions and new suspensions, entered as a result of a | 14 | | violation that occurred while holding the MDDP, so long as the | 15 | | extensions and new suspensions relate to the same summary | 16 | | suspension, shall have his or her vehicle impounded for a | 17 | | period of 30 days, at the person's own expense. A person who | 18 | | has his or her summary suspension extended for the fourth time, | 19 | | or has any combination of 4 extensions and new suspensions, | 20 | | entered as a result of a violation that occurred while holding | 21 | | the MDDP, so long as the extensions and new suspensions relate | 22 | | to the same summary suspension, shall have his or her vehicle | 23 | | subject to seizure and forfeiture. The Secretary shall notify | 24 | | the prosecuting authority of any third or fourth extensions or | 25 | | new suspension entered as a result of a violation that occurred | 26 | | while the person held a MDDP. Upon receipt of the notification, |
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| 1 | | the prosecuting authority shall impound or forfeit the vehicle. | 2 | | The impoundment or forfeiture of a vehicle shall be conducted | 3 | | pursuant to the procedure specified in Article 36 of the | 4 | | Criminal Code of 1961. | 5 | | (l) A person whose driving privileges have been suspended | 6 | | under Section 11-501.1 of this Code and who had a MDDP that was | 7 | | cancelled, or would have been cancelled had notification of a | 8 | | violation been received prior to expiration of the MDDP, | 9 | | pursuant to subsection (c-1) of this Section, shall not be | 10 | | eligible for reinstatement when the summary suspension is | 11 | | scheduled to terminate. Instead, the person's driving | 12 | | privileges shall be suspended for a period of not less than | 13 | | twice the original summary suspension period, or for the length | 14 | | of any extensions entered under subsection (j), whichever is | 15 | | longer. During the period of suspension, the person shall be | 16 | | eligible only to apply for a restricted driving permit. If a | 17 | | restricted driving permit is granted, the offender may only | 18 | | operate vehicles equipped with a BAIID in accordance with this | 19 | | Section. | 20 | | (m) Any person or entity that supplies an ignition | 21 | | interlock device under this Section shall, for each ignition | 22 | | interlock device installed, pay 5% of the total gross revenue | 23 | | received for the device, including monthly monitoring fees, | 24 | | into the Indigent BAIID Fund. This 5% shall be clearly | 25 | | indicated as a separate surcharge on each invoice that is | 26 | | issued. The Secretary shall conduct an annual review of the |
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| 1 | | fund to determine whether the surcharge is sufficient to | 2 | | provide for indigent users. The Secretary may increase or | 3 | | decrease this surcharge requirement as needed. | 4 | | (n) Any person or entity that supplies an ignition | 5 | | interlock device under this Section that is requested to | 6 | | provide an ignition interlock device to a person who presents | 7 | | written documentation of indigency from the Secretary, as | 8 | | provided in subsection (c-5) of this Section, shall install the | 9 | | device on the person's vehicle without charge to the person and | 10 | | shall seek reimbursement from the Indigent BAIID Fund. | 11 | | (o) The Indigent BAIID Fund is created as a special fund in | 12 | | the State treasury. The Secretary shall, subject to | 13 | | appropriation by the General Assembly, use all money in the | 14 | | Indigent BAIID Fund to reimburse ignition interlock device | 15 | | providers who have installed devices in vehicles of indigent | 16 | | persons. The Secretary shall make payments to such providers | 17 | | every 3 months. If the amount of money in the fund at the time | 18 | | payments are made is not sufficient to pay all requests for | 19 | | reimbursement submitted during that 3 month period, the | 20 | | Secretary shall make payments on a pro-rata basis, and those | 21 | | payments shall be considered payment in full for the requests | 22 | | submitted. | 23 | | (p) The Monitoring Device Driving Permit Administration | 24 | | Fee Fund is created as a special fund in the State treasury. | 25 | | The Secretary shall, subject to appropriation by the General | 26 | | Assembly, use the money paid into this fund to offset its |
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| 1 | | administrative costs for administering MDDPs.
| 2 | | (q) The Secretary is authorized to prescribe such forms as | 3 | | it deems necessary to carry out the provisions of this Section. | 4 | | (Source: P.A. 96-184, eff. 8-10-09; 96-1526, eff. 2-14-11; | 5 | | 97-229; eff. 7-28-11; revised 10-4-11.)
| 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 | 8 | | privilege to
operate a motor vehicle is suspended or revoked.
| 9 | | (a) Except as otherwise provided in subsection (a-5), any | 10 | | person who drives or is in actual physical control of a motor
| 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
| 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.
| 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 | 24 | | the Criminal Code of 1961, relating to the offense of reckless | 25 | | homicide or a similar provision of a law of another state, is |
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| 1 | | guilty of a Class 4 felony. The person shall be required to | 2 | | undergo a professional evaluation, as provided in Section | 3 | | 11-501 of this Code, to determine if an alcohol, drug, or | 4 | | intoxicating compound problem exists and the extent of the | 5 | | problem, and to undergo the imposition of treatment as | 6 | | appropriate.
| 7 | | (b) (Blank). | 8 | | (b-1) Upon receiving a report of the conviction of any | 9 | | violation indicating a person was operating a motor vehicle | 10 | | during the time when the person's driver's license, permit or | 11 | | privilege was suspended by the Secretary of State or the | 12 | | driver's licensing administrator of another state, except as | 13 | | specifically allowed by a probationary license, judicial | 14 | | driving permit, restricted driving permit or monitoring device | 15 | | driving permit the Secretary shall extend the suspension for | 16 | | the same period of time as the originally imposed suspension | 17 | | unless the suspension has already expired, in which case the | 18 | | Secretary shall be authorized to suspend the person's driving | 19 | | privileges for the same period of time as the originally | 20 | | imposed suspension. | 21 | | (b-2) Except as provided in subsection (b-6), upon | 22 | | receiving a report of the conviction of any violation | 23 | | indicating a person was operating a motor vehicle when the | 24 | | person's driver's license, permit or privilege was revoked by | 25 | | the Secretary of State or the driver's license administrator of | 26 | | any other state, except as specifically allowed by a restricted |
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| 1 | | driving permit issued pursuant to this Code or the law of | 2 | | another state, the Secretary shall not issue a driver's license | 3 | | for an additional period of one year from the date of such | 4 | | conviction indicating such person was operating a vehicle | 5 | | during such period of revocation. | 6 | | (b-3) (Blank).
| 7 | | (b-4) When the Secretary of State receives a report of a | 8 | | conviction of any violation indicating a person was operating a | 9 | | motor vehicle that was not equipped with an ignition interlock | 10 | | device during a time when the person was prohibited from | 11 | | operating a motor vehicle not equipped with such a device, the | 12 | | Secretary shall not issue a driver's license to that person for | 13 | | an additional period of one year from the date of the | 14 | | conviction.
| 15 | | (b-5) Any person convicted of violating this Section shall | 16 | | serve a minimum
term of imprisonment of 30 consecutive days or | 17 | | 300
hours of community service
when the person's driving | 18 | | privilege was revoked or suspended as a result of a violation | 19 | | of Section 9-3 of the Criminal Code of 1961, as amended,
| 20 | | relating to the offense of reckless homicide, or a similar | 21 | | provision of a law of another state.
| 22 | | (b-6) Upon receiving a report of a first conviction of | 23 | | operating a motor vehicle while the person's driver's license, | 24 | | permit or privilege was revoked where the revocation 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 Secretary shall not issue a driver's license for | 2 | | an additional period of three years from the date of such | 3 | | conviction. | 4 | | (c) Except as provided in subsections (c-3) and (c-4), any | 5 | | person convicted of violating this Section shall serve a | 6 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 7 | | of community service
when the person's driving privilege was | 8 | | revoked or suspended as a result of:
| 9 | | (1) a violation of Section 11-501 of this Code or a | 10 | | similar provision
of a local ordinance relating to the | 11 | | offense of operating or being in physical
control of a | 12 | | vehicle while under the influence of alcohol, any other | 13 | | drug
or any combination thereof; or
| 14 | | (2) a violation of paragraph (b) of Section 11-401 of | 15 | | this Code or a
similar provision of a local ordinance | 16 | | relating to the offense of leaving the
scene of a motor | 17 | | vehicle accident involving personal injury or death; or
| 18 | | (3)
a statutory summary suspension or revocation under | 19 | | Section 11-501.1 of this
Code.
| 20 | | Such sentence of imprisonment or community service shall | 21 | | not be subject
to suspension in order to reduce such sentence.
| 22 | | (c-1) Except as provided in subsections (c-5) and (d), any | 23 | | person convicted of a
second violation of this Section shall be | 24 | | ordered by the court to serve a
minimum
of 100 hours of | 25 | | community service.
| 26 | | (c-2) In addition to other penalties imposed under this |
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| 1 | | Section, the
court may impose on any person convicted a fourth | 2 | | time of violating this
Section any of
the following:
| 3 | | (1) Seizure of the license plates of the person's | 4 | | vehicle.
| 5 | | (2) Immobilization of the person's vehicle for a period | 6 | | of time
to be determined by the court.
| 7 | | (c-3) Any person convicted of a violation of this Section | 8 | | during a period of summary suspension imposed pursuant to | 9 | | Section 11-501.1 when the person was eligible for a MDDP shall | 10 | | be guilty of a Class 4 felony and shall serve a minimum term of | 11 | | imprisonment of 30 days. | 12 | | (c-4) Any person who has been issued a MDDP and who is | 13 | | convicted of a violation of this Section as a result of | 14 | | operating or being in actual physical control of a motor | 15 | | vehicle not equipped with an ignition interlock device or in | 16 | | actual physical control of a vehicle while not fitted with a | 17 | | continuous alcohol monitoring device at the time of the offense | 18 | | shall be guilty of a Class 4 felony and shall serve a minimum | 19 | | term of imprisonment of 30 days.
| 20 | | (c-5) Any person convicted of a second violation of this
| 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
| 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
| 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
| 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.
| 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
| 13 | | court.
| 14 | | (d-2) Any person convicted of a third violation of this
| 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,
| 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.
| 21 | | (d-2.5) Any person convicted of a third violation of this
| 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
| 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 .
| 11 | | (d-3.3) Any person convicted of a fourth, fifth, sixth, | 12 | | seventh, eighth, or ninth violation of this
Section is guilty | 13 | | of a Class 4 felony and must serve a minimum term of
| 14 | | imprisonment of 180 days or serve a minimum of 60 days and | 15 | | abstain from consuming alcohol while wearing a continuous | 16 | | alcohol monitoring device to verify compliance for 270 days, if | 17 | | the revocation or suspension was for a
violation of Section | 18 | | 11-501 of this Code, a similar out-of-state
offense, a similar | 19 | | provision of a local ordinance, or a statutory
summary | 20 | | suspension under Section 11-501.1 of this Code. | 21 | | (d-3.5) Any person convicted of a fourth or subsequent | 22 | | violation of this
Section is guilty of a Class 1 felony, is not | 23 | | eligible for probation or conditional discharge, and must serve | 24 | | a mandatory term of
imprisonment, and is eligible for an | 25 | | extended term, if the revocation or suspension was for a
| 26 | | violation of Section 9-3 of the Criminal Code of 1961, relating |
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| 1 | | to the offense of reckless homicide, or a similar out-of-state | 2 | | offense.
| 3 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 4 | | thirteenth, or fourteenth violation of this Section is guilty | 5 | | of a Class 3 felony, and is not eligible for probation or | 6 | | conditional discharge, if the revocation or suspension was for | 7 | | 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 . | 11 | | (d-4.5) Any person convicted of a tenth, eleventh, twelfth, | 12 | | thirteenth, or fourteenth violation of this Section is guilty | 13 | | of a Class 3 felony, and is not eligible for probation or | 14 | | conditional discharge, if the revocation or suspension was for | 15 | | a violation of Section 11-501 of this Code, a similar | 16 | | out-of-state offense, a similar provision of a local ordinance, | 17 | | or a statutory summary suspension under Section 11-501.1 of | 18 | | this Code. Upon release, the person shall abstain from | 19 | | consuming alcohol and wear a continuous alcohol monitoring | 20 | | device to verify compliance for 365 days. | 21 | | (d-5) Any person convicted of a fifteenth or subsequent | 22 | | violation of this Section is guilty of a Class 2 felony, and is | 23 | | not eligible for probation or conditional discharge, if the | 24 | | revocation or suspension was for a violation of Section 11-401 | 25 | | or 11-501 of this Code, or a similar out-of-state offense, or a | 26 | | similar provision of a local ordinance, or a statutory summary |
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| 1 | | suspension or revocation under Section 11-501.1 of this Code.
| 2 | | (e) Any person in violation of this Section who is also in | 3 | | violation of
Section 7-601 of this Code relating to mandatory | 4 | | insurance requirements, in
addition to other penalties imposed | 5 | | under this Section, shall have his or her
motor vehicle | 6 | | immediately impounded by the arresting law enforcement | 7 | | officer.
The motor vehicle may be released to any licensed | 8 | | driver upon a showing of
proof of insurance for the vehicle | 9 | | that was impounded and the notarized written
consent for the | 10 | | release by the vehicle owner.
| 11 | | (f) For any prosecution under this Section, a certified | 12 | | copy of the
driving abstract of the defendant shall be admitted | 13 | | as proof of any prior
conviction.
| 14 | | (g) The motor vehicle used in a violation of this Section | 15 | | is subject
to seizure and forfeiture as provided in Sections | 16 | | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 17 | | driving privilege was revoked
or suspended as a result of a | 18 | | violation listed in paragraph (1) or (2) of subsection (c) of | 19 | | this Section, as a result of a summary
suspension or revocation | 20 | | as provided in paragraph (3) of subsection (c) of this
Section, | 21 | | or as a result of a violation of Section 9-3 of the Criminal | 22 | | Code of 1961 relating to the offense of reckless homicide.
| 23 | | (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | 24 | | eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | 25 | | eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | 26 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11 .)".
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