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| [ Introduced ] | [ House Amendment 004 ] |
90_HB3741ham001
LRB9009428OBpkam01
1 AMENDMENT TO HOUSE BILL 3741
2 AMENDMENT NO. . Amend House Bill 3741 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Section 6-303."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Section 6-303 as follows:
10 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
11 Sec. 6-303. Driving while driver's license, permit or
12 privilege to operate a motor vehicle is suspended or revoked.
13 (a) Any person who drives or is in actual physical
14 control of a motor vehicle on any highway of this State at a
15 time when that such person's driver's license, permit or
16 privilege to do so or the privilege to obtain a driver's
17 license or permit is revoked or suspended as provided by this
18 Code or the law of another state, except as may be
19 specifically allowed by a judicial driving permit, family
20 financial responsibility driving permit, probationary license
21 to drive, or a restricted driving permit issued under
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1 pursuant to this Code or under the law of another state,
2 shall be guilty of a Class A misdemeanor.
3 (b) The Secretary of State upon receiving a report of
4 the conviction of any violation indicating a person was
5 operating a motor vehicle during the time when said person's
6 driver's license, permit or privilege was suspended by the
7 Secretary, by the appropriate authority of another state, or
8 pursuant to Section 11-501.1; except as may be specifically
9 allowed by a probationary license to drive, judicial driving
10 permit or restricted driving permit issued pursuant to this
11 Code or the law of another state; shall extend the suspension
12 for the same period of time as the originally imposed
13 suspension; however, if the period of suspension has then
14 expired, the Secretary shall be authorized to suspend said
15 person's driving privileges for the same period of time as
16 the originally imposed suspension; and if the conviction was
17 upon a charge which indicated that a vehicle was operated
18 during the time when the person's driver's license, permit or
19 privilege was revoked; except as may be allowed by a
20 restricted driving permit issued pursuant to this Code or the
21 law of another state; the Secretary shall not issue a
22 driver's license for an additional period of one year from
23 the date of such conviction indicating such person was
24 operating a vehicle during such period of revocation.
25 (c) Any person convicted of violating this Section shall
26 serve a minimum term of imprisonment of 7 consecutive days or
27 30 days of community service when the person's driving
28 privilege was revoked or suspended as a result of:
29 (1) a violation of Section 11-501 of this Code or a
30 similar provision of a local ordinance relating to the
31 offense of operating or being in physical control of a
32 vehicle while under the influence of alcohol, any other
33 drug or any combination thereof; or
34 (2) a violation of paragraph (b) of Section 11-401
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1 of this Code or a similar provision of a local ordinance
2 relating to the offense of leaving the scene of a motor
3 vehicle accident involving personal injury or death; or
4 (3) a violation of Section 9-3 of the Criminal Code
5 of 1961, as amended, relating to the offense of reckless
6 homicide; or
7 (4) a statutory summary suspension under Section
8 11-501.1 of this Code.
9 Such sentence of imprisonment or community service shall
10 not be subject to suspension in order to reduce such
11 sentence.
12 (d) Any person convicted of a second or subsequent
13 violation of this Section shall be guilty of a Class 4 felony
14 if the original revocation or suspension was for a violation
15 of Section 11-401 or 11-501 of this Code, or a similar
16 out-of-state offense, or a similar provision of a local
17 ordinance, a violation of Section 9-3 of the Criminal Code of
18 1961, relating to the offense of reckless homicide, or a
19 similar out-of-state offense, or a statutory summary
20 suspension under Section 11-501.1 of this Code. For any
21 prosecution under this Section, a certified copy of the
22 driving abstract of the defendant shall be admitted as proof
23 of any prior conviction.
24 (e) Any person in violation of this Section who is also
25 in violation of Section 7-601 of this Code relating to
26 mandatory insurance requirements, in addition to other
27 penalties imposed under this Section, shall have his or her
28 motor vehicle immediately impounded by the arresting law
29 enforcement officer. The motor vehicle may be released to
30 any licensed driver upon a showing of proof of insurance for
31 the vehicle that was impounded and the notarized written
32 consent for the release by the vehicle owner.
33 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
34 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97.)".