Full Text of HB0253 96th General Assembly
HB0253enr 96TH GENERAL ASSEMBLY
|
|
|
HB0253 Enrolled |
|
LRB096 03589 AJT 13616 b |
|
| 1 |
| AN ACT concerning transportation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-303 as follows:
| 6 |
| (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 7 |
| (Text of Section after amendment by P.A. 95-991 ) | 8 |
| Sec. 6-303. Driving while driver's license, permit or | 9 |
| privilege to
operate a motor vehicle is suspended or revoked.
| 10 |
| (a) Except as otherwise provided in subsection (a-5), any | 11 |
| person who drives or is in actual physical control of a motor
| 12 |
| vehicle on any highway of this State at a time when such | 13 |
| person's driver's
license, permit or privilege to do so or the | 14 |
| privilege to obtain a driver's
license or permit is revoked or | 15 |
| suspended as provided by this Code or the law
of another state, | 16 |
| except as may be specifically allowed by a judicial driving
| 17 |
| permit issued prior to January 1, 2009, monitoring device | 18 |
| driving permit, family financial responsibility driving | 19 |
| permit, probationary
license to drive, or a restricted driving | 20 |
| permit issued pursuant to this Code
or under the law of another | 21 |
| state, shall be guilty of a Class A misdemeanor.
| 22 |
| (a-5) Any person who violates this Section as provided in | 23 |
| subsection (a) while his or her driver's license, permit or |
|
|
|
HB0253 Enrolled |
- 2 - |
LRB096 03589 AJT 13616 b |
|
| 1 |
| privilege is revoked because of a violation of Section 9-3 of | 2 |
| the Criminal Code of 1961, relating to the offense of reckless | 3 |
| homicide or a similar provision of a law of another state, is | 4 |
| guilty of a Class 4 felony. The person shall be required to | 5 |
| undergo a professional evaluation, as provided in Section | 6 |
| 11-501 of this Code, to determine if an alcohol, drug, or | 7 |
| intoxicating compound problem exists and the extent of the | 8 |
| problem, and to undergo the imposition of treatment as | 9 |
| appropriate.
| 10 |
| (b) The Secretary of State upon receiving a report of the | 11 |
| conviction
of any violation indicating a person was operating a | 12 |
| motor vehicle during
the time when said person's driver's | 13 |
| license, permit or privilege was
suspended by the Secretary, by | 14 |
| the appropriate authority of another state,
or pursuant to | 15 |
| Section 11-501.1; except as may
be specifically allowed by a | 16 |
| probationary license to drive, judicial
driving permit issued | 17 |
| prior to January 1, 2009, monitoring device driving permit, or | 18 |
| restricted driving permit issued pursuant to this Code or
the | 19 |
| law of another state;
shall extend the suspension for the same | 20 |
| period of time as the originally
imposed suspension; however, | 21 |
| if the period of suspension has then expired,
the Secretary | 22 |
| shall be authorized to suspend said person's driving
privileges | 23 |
| for the same period of time as the originally imposed
| 24 |
| suspension. | 25 |
| (b-3) When the Secretary of State receives a report of a | 26 |
| conviction of any violation indicating that a
vehicle was |
|
|
|
HB0253 Enrolled |
- 3 - |
LRB096 03589 AJT 13616 b |
|
| 1 |
| operated during the time when the person's driver's license,
| 2 |
| permit or privilege was revoked, except as may be allowed by a | 3 |
| restricted
driving permit issued pursuant to this Code or the | 4 |
| law of another state,
the Secretary shall not issue
a driver's | 5 |
| license to that person for an additional period of one year | 6 |
| from the date of
such conviction.
| 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 |
| (c) Except as provided in subsections (c-3) and (c-4), any | 23 |
| person convicted of violating this Section shall serve a | 24 |
| minimum
term of imprisonment of 10 consecutive days or 30
days | 25 |
| of community service
when the person's driving privilege was | 26 |
| revoked or suspended as a result of:
|
|
|
|
HB0253 Enrolled |
- 4 - |
LRB096 03589 AJT 13616 b |
|
| 1 |
| (1) a violation of Section 11-501 of this Code or a | 2 |
| similar provision
of a local ordinance relating to the | 3 |
| offense of operating or being in physical
control of a | 4 |
| vehicle while under the influence of alcohol, any other | 5 |
| drug
or any combination thereof; or
| 6 |
| (2) a violation of paragraph (b) of Section 11-401 of | 7 |
| this Code or a
similar provision of a local ordinance | 8 |
| relating to the offense of leaving the
scene of a motor | 9 |
| vehicle accident involving personal injury or death; or
| 10 |
| (3)
a statutory summary suspension under Section | 11 |
| 11-501.1 of this
Code.
| 12 |
| Such sentence of imprisonment or community service shall | 13 |
| not be subject
to suspension in order to reduce such sentence.
| 14 |
| (c-1) Except as provided in subsections (c-5) and (d), any | 15 |
| person convicted of a
second violation of this Section shall be | 16 |
| ordered by the court to serve a
minimum
of 100 hours of | 17 |
| community service.
| 18 |
| (c-2) In addition to other penalties imposed under this | 19 |
| Section, the
court may impose on any person convicted a fourth | 20 |
| time of violating this
Section any of
the following:
| 21 |
| (1) Seizure of the license plates of the person's | 22 |
| vehicle.
| 23 |
| (2) Immobilization of the person's vehicle for a period | 24 |
| of time
to be determined by the court.
| 25 |
| (c-3) Any person convicted of a violation of this Section | 26 |
| during a period of summary suspension imposed pursuant to |
|
|
|
HB0253 Enrolled |
- 5 - |
LRB096 03589 AJT 13616 b |
|
| 1 |
| Section 11-501.1 when the person was eligible for a MDDP shall | 2 |
| be guilty of a Class 4 felony and shall serve a minimum term of | 3 |
| imprisonment of 30 days. | 4 |
| (c-4) Any person who has been issued a MDDP and who is | 5 |
| convicted of a violation of this Section as a result of | 6 |
| operating or being in actual physical control of a motor | 7 |
| vehicle not equipped with an ignition interlock device at the | 8 |
| time of the offense shall be guilty of a Class 4 felony and | 9 |
| shall serve a minimum term of imprisonment of 30 days.
| 10 |
| (c-5) Any person convicted of a second violation of this
| 11 |
| Section is guilty of a Class 2 felony, is not eligible for | 12 |
| probation or conditional discharge, and shall serve a mandatory | 13 |
| term of
imprisonment, if the
revocation or
suspension was for a | 14 |
| violation of Section 9-3 of the Criminal Code of 1961, relating
| 15 |
| to the offense of reckless homicide, or a similar out-of-state | 16 |
| offense.
| 17 |
| (d) Any person convicted of a second violation of this
| 18 |
| Section shall be guilty of a Class 4 felony and shall serve a | 19 |
| minimum term of
imprisonment of 30 days or 300 hours of | 20 |
| community service, as determined by the
court, if the original
| 21 |
| revocation or
suspension was for a violation of Section 11-401 | 22 |
| or 11-501 of this Code,
or a similar out-of-state offense, or a | 23 |
| similar provision of a local
ordinance, or a
statutory summary | 24 |
| suspension under Section 11-501.1 of this Code.
| 25 |
| (d-1) Except as provided in subsections (d-2), (d-2.5), and | 26 |
| (d-3), any
person convicted of
a third or subsequent violation |
|
|
|
HB0253 Enrolled |
- 6 - |
LRB096 03589 AJT 13616 b |
|
| 1 |
| of this Section shall serve a minimum term of
imprisonment of | 2 |
| 30 days or 300 hours of community service, as determined by the
| 3 |
| court.
| 4 |
| (d-2) Any person convicted of a third violation of this
| 5 |
| Section is guilty of a Class 4 felony and must serve a minimum | 6 |
| term of
imprisonment of 30 days if the revocation or
suspension | 7 |
| was for a violation of Section 11-401 or 11-501 of this Code,
| 8 |
| or a similar out-of-state offense, or a similar provision of a | 9 |
| local
ordinance, or a
statutory summary suspension under | 10 |
| Section 11-501.1 of this Code.
| 11 |
| (d-2.5) Any person convicted of a third violation of this
| 12 |
| Section is guilty of a Class 1 felony, is not eligible for | 13 |
| probation or conditional discharge, and must serve a mandatory | 14 |
| term of
imprisonment if the revocation or
suspension was for a | 15 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 16 |
| to the offense of reckless homicide, or a similar out-of-state | 17 |
| offense.
| 18 |
| (d-3) Any person convicted of a fourth, fifth, sixth, | 19 |
| seventh, eighth, or ninth violation of this
Section is guilty | 20 |
| of a Class 4 felony and must serve a minimum term of
| 21 |
| imprisonment of 180 days if the revocation or suspension was | 22 |
| for a
violation of Section 11-401 or 11-501 of this Code, or a | 23 |
| similar out-of-state
offense, or a similar provision of a local | 24 |
| ordinance, or a statutory
summary suspension under Section | 25 |
| 11-501.1 of this Code.
| 26 |
| (d-3.5) Any person convicted of a fourth or subsequent |
|
|
|
HB0253 Enrolled |
- 7 - |
LRB096 03589 AJT 13616 b |
|
| 1 |
| violation of this
Section is guilty of a Class 1 felony, is not | 2 |
| eligible for probation or conditional discharge, and must serve | 3 |
| a mandatory term of
imprisonment, and is eligible for an | 4 |
| extended term, if the revocation or suspension was for a
| 5 |
| violation of Section 9-3 of the Criminal Code of 1961, relating | 6 |
| to the offense of reckless homicide, or a similar out-of-state | 7 |
| offense.
| 8 |
| (d-4) Any person convicted of a tenth, eleventh, twelfth, | 9 |
| thirteenth, or fourteenth violation of this Section is guilty | 10 |
| of a Class 3 felony, and is not eligible for probation or | 11 |
| conditional discharge, if the revocation or suspension was for | 12 |
| a violation of Section 11-401 or 11-501 of this Code, or a | 13 |
| similar out-of-state offense, or a similar provision of a local | 14 |
| ordinance, or a statutory summary suspension under Section | 15 |
| 11-501.1 of this Code. | 16 |
| (d-5) Any person convicted of a fifteenth or subsequent | 17 |
| violation of this Section is guilty of a Class 2 felony, and is | 18 |
| not eligible for probation or conditional discharge, if the | 19 |
| revocation or suspension was for a violation of Section 11-401 | 20 |
| or 11-501 of this Code, or a similar out-of-state offense, or a | 21 |
| similar provision of a local ordinance, or a statutory summary | 22 |
| suspension under Section 11-501.1 of this Code.
| 23 |
| (e) Any person in violation of this Section who is also in | 24 |
| violation of
Section 7-601 of this Code relating to mandatory | 25 |
| insurance requirements, in
addition to other penalties imposed | 26 |
| under this Section, shall have his or her
motor vehicle |
|
|
|
HB0253 Enrolled |
- 8 - |
LRB096 03589 AJT 13616 b |
|
| 1 |
| immediately impounded by the arresting law enforcement | 2 |
| officer.
The motor vehicle may be released to any licensed | 3 |
| driver upon a showing of
proof of insurance for the vehicle | 4 |
| that was impounded and the notarized written
consent for the | 5 |
| release by the vehicle owner.
| 6 |
| (f) For any prosecution under this Section, a certified | 7 |
| copy of the
driving abstract of the defendant shall be admitted | 8 |
| as proof of any prior
conviction.
| 9 |
| (g) The motor vehicle used in a violation of this Section | 10 |
| is subject
to seizure and forfeiture as provided in Sections | 11 |
| 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | 12 |
| driving privilege was revoked
or suspended as a result of a | 13 |
| violation listed in paragraph (1) or , (2) , or
(3) of subsection | 14 |
| (c) of this Section , or as a result of a summary
suspension as | 15 |
| provided in paragraph (3) (4) of subsection (c) of this
| 16 |
| Section , or as a result of a violation of Section 9-3 of the | 17 |
| Criminal Code of 1961 relating to the offense of reckless | 18 |
| homicide .
| 19 |
| (Source: P.A. 94-112, eff. 1-1-06; 95-27, eff. 1-1-08; 95-377, | 20 |
| eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, | 21 |
| eff. 8-21-08; 95-991, eff. 6-1-09.)
|
|