Illinois General Assembly - Full Text of HB3920
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Full Text of HB3920  100th General Assembly

HB3920ham001 100TH GENERAL ASSEMBLY

Rep. Litesa E. Wallace

Filed: 3/23/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3920

2    AMENDMENT NO. ______. Amend House Bill 3920 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 6-303 as follows:
 
6    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
7    Sec. 6-303. Driving while driver's license, permit or
8privilege to operate a motor vehicle is suspended or revoked.
9    (a) Except as otherwise provided in subsection (a-5) or
10(a-7), any person who drives or is in actual physical control
11of a motor vehicle on any highway of this State at a time when
12such person's driver's license, permit or privilege to do so or
13the privilege to obtain a driver's license or permit is revoked
14or suspended as provided by this Code or the law of another
15state, except as may be specifically allowed by a judicial
16driving permit issued prior to January 1, 2009, monitoring

 

 

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

 

 

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1    (a-7) Any person who violates this Section as provided in
2subsection (a) while his or her driver's license, permit, or
3privilege to drive is revoked or suspended due to an unpaid
4parking citation, child support obligation, or other legal
5financial obligation shall be guilty of a petty offense.
6    (a-10) A person's driver's license, permit, or privilege to
7obtain a driver's license or permit may be subject to multiple
8revocations, multiple suspensions, or any combination of both
9simultaneously. No revocation or suspension shall serve to
10negate, invalidate, cancel, postpone, or in any way lessen the
11effect of any other revocation or suspension entered prior or
12subsequent to any other revocation or suspension.
13    (b) (Blank).
14    (b-1) Except for a person under subsection (a-7) of this
15Section, upon Upon receiving a report of the conviction of any
16violation indicating a person was operating a motor vehicle
17during the time when the person's driver's license, permit or
18privilege was suspended by the Secretary of State or the
19driver's licensing administrator of another state, except as
20specifically allowed by a probationary license, judicial
21driving permit, restricted driving permit or monitoring device
22driving permit the Secretary shall extend the suspension for
23the same period of time as the originally imposed suspension
24unless the suspension has already expired, in which case the
25Secretary shall be authorized to suspend the person's driving
26privileges for the same period of time as the originally

 

 

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1imposed suspension.
2    (b-2) Except as provided in subsection (b-6) or (a-7), upon
3receiving a report of the conviction of any violation
4indicating a person was operating a motor vehicle when the
5person's driver's license, permit or privilege was revoked by
6the Secretary of State or the driver's license administrator of
7any other state, except as specifically allowed by a restricted
8driving permit issued pursuant to this Code or the law of
9another state, the Secretary shall not issue a driver's license
10for an additional period of one year from the date of such
11conviction indicating such person was operating a vehicle
12during such period of revocation.
13    (b-3) (Blank).
14    (b-4) When the Secretary of State receives a report of a
15conviction of any violation indicating a person was operating a
16motor vehicle that was not equipped with an ignition interlock
17device during a time when the person was prohibited from
18operating a motor vehicle not equipped with such a device, the
19Secretary shall not issue a driver's license to that person for
20an additional period of one year from the date of the
21conviction.
22    (b-5) Any person convicted of violating this Section shall
23serve a minimum term of imprisonment of 30 consecutive days or
24300 hours of community service when the person's driving
25privilege was revoked or suspended as a result of a violation
26of Section 9-3 of the Criminal Code of 1961 or the Criminal

 

 

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

 

 

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

 

 

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1    (c-5) Any person convicted of a second violation of this
2Section is guilty of a Class 2 felony, is not eligible for
3probation or conditional discharge, and shall serve a mandatory
4term of imprisonment, if:
5         (1) the current violation occurred when the person's
6    driver's license was suspended or revoked for a violation
7    of Section 9-3 of the Criminal Code of 1961 or the Criminal
8    Code of 2012, relating to the offense of reckless homicide,
9    or a similar out-of-state offense; and
10        (2) the prior conviction under this Section occurred
11    while the person's driver's license was suspended or
12    revoked for a violation of Section 9-3 of the Criminal Code
13    of 1961 or the Criminal Code of 2012 relating to the
14    offense of reckless homicide, or a similar out-of-state
15    offense, or was suspended or revoked for a violation of
16    Section 11-401 or 11-501 of this Code, a similar
17    out-of-state offense, 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) Any person convicted of a second violation of this
21Section shall be guilty of a Class 4 felony and shall serve a
22minimum term of imprisonment of 30 days or 300 hours of
23community service, as determined by the court, 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 11-401 or 11-501 of this Code, a similar

 

 

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1    out-of-state offense, a similar provision of a local
2    ordinance, or a statutory summary suspension or revocation
3    under Section 11-501.1 of this Code; and
4        (2) the prior conviction under this Section occurred
5    while the person's driver's license was suspended or
6    revoked for a violation of Section 11-401 or 11-501 of this
7    Code, a similar out-of-state offense, a similar provision
8    of a local ordinance, or a statutory summary suspension or
9    revocation under Section 11-501.1 of this Code, or for a
10    violation of Section 9-3 of the Criminal Code of 1961 or
11    the Criminal Code of 2012, relating to the offense of
12    reckless homicide, or a similar out-of-state offense.
13    (d-1) Except as provided in subsections (d-2), (d-2.5), and
14(d-3), any person convicted of a third or subsequent violation
15of this Section shall serve a minimum term of imprisonment of
1630 days or 300 hours of community service, as determined by the
17court.
18    (d-2) Any person convicted of a third violation of this
19Section is guilty of a Class 4 felony and must serve a minimum
20term of imprisonment of 30 days, if:
21        (1) the current violation occurred when the person's
22    driver's license was suspended or revoked for a violation
23    of Section 11-401 or 11-501 of this Code, or a similar
24    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; and

 

 

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

 

 

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1    Section 11-401 or 11-501 of this Code, a similar
2    out-of-state offense, a similar provision of a local
3    ordinance, or a statutory summary suspension or revocation
4    under Section 11-501.1 of this Code.
5    (d-3) Any person convicted of a fourth, fifth, sixth,
6seventh, eighth, or ninth violation of this Section is guilty
7of a Class 4 felony and must serve a minimum term of
8imprisonment of 180 days, 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, 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; 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    (d-3.5) Any person convicted of a fourth or subsequent
25violation of this Section is guilty of a Class 1 felony, is not
26eligible for probation or conditional discharge, and must serve

 

 

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

 

 

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

 

 

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1    the Criminal Code of 2012, relating to the offense of
2    reckless homicide, or a similar out-of-state offense.
3    (e) Any person in violation of this Section who is also in
4violation of Section 7-601 of this Code relating to mandatory
5insurance requirements, in addition to other penalties imposed
6under this Section, shall have his or her motor vehicle
7immediately impounded by the arresting law enforcement
8officer. The motor vehicle may be released to any licensed
9driver upon a showing of proof of insurance for the vehicle
10that was impounded and the notarized written consent for the
11release by the vehicle owner.
12    (f) For any prosecution under this Section, a certified
13copy of the driving abstract of the defendant shall be admitted
14as proof of any prior conviction.
15    (g) The motor vehicle used in a violation of this Section
16is subject to seizure and forfeiture as provided in Sections
1736-1 and 36-2 of the Criminal Code of 2012 if the person's
18driving privilege was revoked or suspended as a result of:
19        (1) a violation of Section 11-501 of this Code, a
20    similar provision of a local ordinance, or a similar
21    provision of a law of another state;
22        (2) a violation of paragraph (b) of Section 11-401 of
23    this Code, a similar provision of a local ordinance, or a
24    similar provision of a law of another state;
25        (3) a statutory summary suspension or revocation under
26    Section 11-501.1 of this Code or a similar provision of a

 

 

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1    law of another state; or
2        (4) a violation of Section 9-3 of the Criminal Code of
3    1961 or the Criminal Code of 2012 relating to the offense
4    of reckless homicide, or a similar provision of a law of
5    another state.
6(Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13;
798-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff.
81-1-16.)".