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Public Act 095-0991
Public Act 0991 95TH GENERAL ASSEMBLY
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Public Act 095-0991
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| SB2294 Enrolled |
LRB095 19002 RLC 45174 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by changing | Section 6-303 as follows:
| (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| (Text of Section before amendment by P.A. 95-400) | Sec. 6-303. Driving while driver's license, permit or | privilege to
operate a motor vehicle is suspended or revoked.
| (a) Except as otherwise provided in subsection (a-5), any | person who drives or is in actual physical control of a motor
| vehicle on any highway of this State at a time when such | person's driver's
license, permit or privilege to do so or the | privilege to obtain a driver's
license or permit is revoked or | suspended as provided by this Code or the law
of another state, | except as may be specifically allowed by a judicial driving
| permit, family financial responsibility driving permit, | probationary
license to drive, or a restricted driving permit | issued pursuant to this Code
or under the law of another state, | shall be guilty of a Class A misdemeanor.
| (a-5) Any person who violates this Section as provided in | subsection (a) while his or her driver's license, permit or | privilege is revoked because of a violation of Section 9-3 of |
| the Criminal Code of 1961, relating to the offense of reckless | homicide or a similar provision of a law of another state, is | guilty of a Class 4 felony. The person shall be required to | undergo a professional evaluation, as provided in Section | 11-501 of this Code, to determine if an alcohol, drug, or | intoxicating compound problem exists and the extent of the | problem, and to undergo the imposition of treatment as | appropriate.
| (b) The Secretary of State upon receiving a report of the | conviction
of any violation indicating a person was operating a | motor vehicle during
the time when said person's driver's | license, permit or privilege was
suspended by the Secretary, by | the appropriate authority of another state,
or pursuant to | Section 11-501.1; except as may
be specifically allowed by a | probationary license to drive, judicial
driving permit or | restricted driving permit issued pursuant to this Code or
the | law of another state;
shall extend the suspension for the same | period of time as the originally
imposed suspension; however, | if the period of suspension has then expired,
the Secretary | shall be authorized to suspend said person's driving
privileges | for the same period of time as the originally imposed
| suspension. | (b-3) When the Secretary of State receives a report of a | conviction of any violation indicating that a
vehicle was | operated during the time when the person's driver's license,
| permit or privilege was revoked, except as may be allowed by a |
| restricted
driving permit issued pursuant to this Code or the | law of another state,
the Secretary shall not issue
a driver's | license to that person for an additional period of one year | from the date of
such conviction.
| (b-4) (b-5) When the Secretary of State receives a report | of a conviction of any violation indicating a person was | operating a motor vehicle that was not equipped with an | ignition interlock device during a time when the person was | prohibited from operating a motor vehicle not equipped with | such a device, the Secretary shall not issue a driver's license | to that person for an additional period of one year from the | date of the conviction.
| (b-5) Any person convicted of violating this Section shall | serve a minimum
term of imprisonment of 30 consecutive days or | 300
hours of community service
when the person's driving | privilege was revoked or suspended as a result of a violation | of Section 9-3 of the Criminal Code of 1961, as amended,
| relating to the offense of reckless homicide, or a similar | provision of a law of another state.
| (c) Any person convicted of violating this Section shall | serve a minimum
term of imprisonment of 10 consecutive days or | 30
days of community service
when the person's driving | privilege was revoked or suspended as a result of:
| (1) a violation of Section 11-501 of this Code or a | similar provision
of a local ordinance relating to the | offense of operating or being in physical
control of a |
| vehicle while under the influence of alcohol, any other | drug
or any combination thereof; or
| (2) a violation of paragraph (b) of Section 11-401 of | this Code or a
similar provision of a local ordinance | relating to the offense of leaving the
scene of a motor | vehicle accident involving personal injury or death; or
| (3)
a statutory summary suspension under Section | 11-501.1 of this
Code.
| Such sentence of imprisonment or community service shall | not be subject
to suspension in order to reduce such sentence.
| (c-1) Except as provided in subsections (c-5) and (d), any | person convicted of a
second violation of this Section shall be | ordered by the court to serve a
minimum
of 100 hours of | community service.
| (c-2) In addition to other penalties imposed under this | Section, the
court may impose on any person convicted a fourth | time of violating this
Section any of
the following:
| (1) Seizure of the license plates of the person's | vehicle.
| (2) Immobilization of the person's vehicle for a period | of time
to be determined by the court.
| (c-5) Any person convicted of a second violation of this
| Section is guilty of a Class 2 felony, is not eligible for | probation or conditional discharge, and shall serve a mandatory | term of
imprisonment, if the
revocation or
suspension was for a | violation of Section 9-3 of the Criminal Code of 1961, relating
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| to the offense of reckless homicide, or a similar out-of-state | offense.
| (d) Any person convicted of a second violation of this
| Section shall be guilty of a Class 4 felony and shall serve a | minimum term of
imprisonment of 30 days or 300 hours of | community service, as determined by the
court, if the original
| revocation or
suspension was for a violation of Section 11-401 | or 11-501 of this Code,
or a similar out-of-state offense, or a | similar provision of a local
ordinance, or a
statutory summary | suspension under Section 11-501.1 of this Code.
| (d-1) Except as provided in subsections (d-2), (d-2.5), and | (d-3), any
person convicted of
a third or subsequent violation | of this Section shall serve a minimum term of
imprisonment of | 30 days or 300 hours of community service, as determined by the
| court.
| (d-2) Any person convicted of a third violation of this
| Section is guilty of a Class 4 felony and must serve a minimum | term of
imprisonment of 30 days if the revocation or
suspension | was for a violation of Section 11-401 or 11-501 of this Code,
| or a similar out-of-state offense, or a similar provision of a | local
ordinance, or a
statutory summary suspension under | Section 11-501.1 of this Code.
| (d-2.5) Any person convicted of a third violation of this
| Section is guilty of a Class 1 felony, is not eligible for | probation or conditional discharge, and must serve a mandatory | term of
imprisonment if the revocation or
suspension was for a |
| violation of Section 9-3 of the Criminal Code of 1961, relating | to the offense of reckless homicide, or a similar out-of-state | offense.
| (d-3) Any person convicted of a fourth, fifth, sixth, | seventh, eighth, or ninth violation of this
Section is guilty | of a Class 4 felony and must serve a minimum term of
| imprisonment of 180 days if the revocation or suspension was | for a
violation of Section 11-401 or 11-501 of this Code, or a | similar out-of-state
offense, or a similar provision of a local | ordinance, or a statutory
summary suspension under Section | 11-501.1 of this Code.
| (d-3.5) Any person convicted of a fourth or subsequent | violation of this
Section is guilty of a Class 1 felony, is not | eligible for probation or conditional discharge, and must serve | a mandatory term of
imprisonment, and is eligible for an | extended term, if the revocation or suspension was for a
| violation of Section 9-3 of the Criminal Code of 1961, relating | to the offense of reckless homicide, or a similar out-of-state | offense.
| (d-4) Any person convicted of a tenth, eleventh, twelfth, | thirteenth, or fourteenth violation of this Section is guilty | of a Class 3 felony, and is not eligible for probation or | conditional discharge, if the revocation or suspension was for | a violation of Section 11-401 or 11-501 of this Code, or a | similar out-of-state offense, or a similar provision of a local | ordinance, or a statutory summary suspension under Section |
| 11-501.1 of this Code. | (d-5) Any person convicted of a fifteenth or subsequent | violation of this Section is guilty of a Class 2 felony, and is | not eligible for probation or conditional discharge, if the | revocation or suspension was for a violation of Section 11-401 | or 11-501 of this Code, or a similar out-of-state offense, or a | similar provision of a local ordinance, or a statutory summary | suspension under Section 11-501.1 of this Code.
| (e) Any person in violation of this Section who is also in | violation of
Section 7-601 of this Code relating to mandatory | insurance requirements, in
addition to other penalties imposed | under this Section, shall have his or her
motor vehicle | immediately impounded by the arresting law enforcement | officer.
The motor vehicle may be released to any licensed | driver upon a showing of
proof of insurance for the vehicle | that was impounded and the notarized written
consent for the | release by the vehicle owner.
| (f) For any prosecution under this Section, a certified | copy of the
driving abstract of the defendant shall be admitted | as proof of any prior
conviction.
| (g) The motor vehicle used in a violation of this Section | is subject
to seizure and forfeiture as provided in Sections | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | driving privilege was revoked
or suspended as a result of a | violation listed in paragraph (1), (2), or
(3) of subsection | (c) of this Section or as a result of a summary
suspension as |
| provided in paragraph (4) of subsection (c) of this
Section.
| (Source: P.A. 94-112, eff. 1-1-06; 95-578, rely on 95-27 and | 95-377, eff. 1-1-08; revised 11-19-07.)
| (Text of Section after amendment by P.A. 95-400) | Sec. 6-303. Driving while driver's license, permit or | privilege to
operate a motor vehicle is suspended or revoked.
| (a) Except as otherwise provided in subsection (a-5), any | person who drives or is in actual physical control of a motor
| vehicle on any highway of this State at a time when such | person's driver's
license, permit or privilege to do so or the | privilege to obtain a driver's
license or permit is revoked or | suspended as provided by this Code or the law
of another state, | except as may be specifically allowed by a judicial driving
| permit issued prior to January 1, 2009 the effective date of | this amendatory Act of the 95th General Assembly, monitoring | device driving permit, family financial responsibility driving | permit, probationary
license to drive, or a restricted driving | permit issued pursuant to this Code
or under the law of another | state, shall be guilty of a Class A misdemeanor.
| (a-5) Any person who violates this Section as provided in | subsection (a) while his or her driver's license, permit or | privilege is revoked because of a violation of Section 9-3 of | the Criminal Code of 1961, relating to the offense of reckless | homicide or a similar provision of a law of another state, is | guilty of a Class 4 felony. The person shall be required to |
| undergo a professional evaluation, as provided in Section | 11-501 of this Code, to determine if an alcohol, drug, or | intoxicating compound problem exists and the extent of the | problem, and to undergo the imposition of treatment as | appropriate.
| (b) The Secretary of State upon receiving a report of the | conviction
of any violation indicating a person was operating a | motor vehicle during
the time when said person's driver's | license, permit or privilege was
suspended by the Secretary, by | the appropriate authority of another state,
or pursuant to | Section 11-501.1; except as may
be specifically allowed by a | probationary license to drive, judicial
driving permit issued | prior to January 1, 2009 the effective date of this amendatory | Act of the 95th General Assembly, monitoring device driving | permit, or restricted driving permit issued pursuant to this | Code or
the law of another state;
shall extend the suspension | for the same period of time as the originally
imposed | suspension; however, if the period of suspension has then | expired,
the Secretary shall be authorized to suspend said | person's driving
privileges for the same period of time as the | originally imposed
suspension. | (b-3) When the Secretary of State receives a report of a | conviction of any violation indicating that a
vehicle was | operated during the time when the person's driver's license,
| permit or privilege was revoked, except as may be allowed by a | restricted
driving permit issued pursuant to this Code or the |
| law of another state,
the Secretary shall not issue
a driver's | license to that person for an additional period of one year | from the date of
such conviction.
| (b-4) (b-5) When the Secretary of State receives a report | of a conviction of any violation indicating a person was | operating a motor vehicle that was not equipped with an | ignition interlock device during a time when the person was | prohibited from operating a motor vehicle not equipped with | such a device, the Secretary shall not issue a driver's license | to that person for an additional period of one year from the | date of the conviction.
| (b-5) Any person convicted of violating this Section shall | serve a minimum
term of imprisonment of 30 consecutive days or | 300
hours of community service
when the person's driving | privilege was revoked or suspended as a result of a violation | of Section 9-3 of the Criminal Code of 1961, as amended,
| relating to the offense of reckless homicide, or a similar | provision of a law of another state.
| (c) Except as provided in subsections (c-3) and (c-4), any | person convicted of violating this Section shall serve a | minimum
term of imprisonment of 10 consecutive days or 30
days | of community service
when the person's driving privilege was | revoked or suspended as a result of:
| (1) a violation of Section 11-501 of this Code or a | similar provision
of a local ordinance relating to the | offense of operating or being in physical
control of a |
| vehicle while under the influence of alcohol, any other | drug
or any combination thereof; or
| (2) a violation of paragraph (b) of Section 11-401 of | this Code or a
similar provision of a local ordinance | relating to the offense of leaving the
scene of a motor | vehicle accident involving personal injury or death; or
| (3)
a statutory summary suspension under Section | 11-501.1 of this
Code.
| Such sentence of imprisonment or community service shall | not be subject
to suspension in order to reduce such sentence.
| (c-1) Except as provided in subsections (c-5) and (d), any | person convicted of a
second violation of this Section shall be | ordered by the court to serve a
minimum
of 100 hours of | community service.
| (c-2) In addition to other penalties imposed under this | Section, the
court may impose on any person convicted a fourth | time of violating this
Section any of
the following:
| (1) Seizure of the license plates of the person's | vehicle.
| (2) Immobilization of the person's vehicle for a period | of time
to be determined by the court.
| (c-3) Any person convicted of a violation of this Section | during a period of summary suspension imposed pursuant to | Section 11-501.1 when the person was eligible for a MDDP shall | be guilty of a Class 4 felony and shall serve a minimum term of | imprisonment of 30 days. |
| (c-4) Any person who has been issued a MDDP and who is | convicted of a violation of this Section as a result of | operating or being in actual physical control of a motor | vehicle not equipped with an ignition interlock device at the | time of the offense shall be guilty of a Class 4 felony and | shall serve a minimum term of imprisonment of 30 days.
| (c-5) Any person convicted of a second violation of this
| Section is guilty of a Class 2 felony, is not eligible for | probation or conditional discharge, and shall serve a mandatory | term of
imprisonment, if the
revocation or
suspension was for a | violation of Section 9-3 of the Criminal Code of 1961, relating
| to the offense of reckless homicide, or a similar out-of-state | offense.
| (d) Any person convicted of a second violation of this
| Section shall be guilty of a Class 4 felony and shall serve a | minimum term of
imprisonment of 30 days or 300 hours of | community service, as determined by the
court, if the original
| revocation or
suspension was for a violation of Section 11-401 | or 11-501 of this Code,
or a similar out-of-state offense, or a | similar provision of a local
ordinance, or a
statutory summary | suspension under Section 11-501.1 of this Code.
| (d-1) Except as provided in subsections (d-2), (d-2.5), and | (d-3), any
person convicted of
a third or subsequent violation | of this Section shall serve a minimum term of
imprisonment of | 30 days or 300 hours of community service, as determined by the
| court.
|
| (d-2) Any person convicted of a third violation of this
| Section is guilty of a Class 4 felony and must serve a minimum | term of
imprisonment of 30 days if the revocation or
suspension | was for a violation of Section 11-401 or 11-501 of this Code,
| or a similar out-of-state offense, or a similar provision of a | local
ordinance, or a
statutory summary suspension under | Section 11-501.1 of this Code.
| (d-2.5) Any person convicted of a third violation of this
| Section is guilty of a Class 1 felony, is not eligible for | probation or conditional discharge, and must serve a mandatory | term of
imprisonment if the revocation or
suspension was for a | violation of Section 9-3 of the Criminal Code of 1961, relating | to the offense of reckless homicide, or a similar out-of-state | offense.
| (d-3) Any person convicted of a fourth, fifth, sixth, | seventh, eighth, or ninth violation of this
Section is guilty | of a Class 4 felony and must serve a minimum term of
| imprisonment of 180 days if the revocation or suspension was | for a
violation of Section 11-401 or 11-501 of this Code, or a | similar out-of-state
offense, or a similar provision of a local | ordinance, or a statutory
summary suspension under Section | 11-501.1 of this Code.
| (d-3.5) Any person convicted of a fourth or subsequent | violation of this
Section is guilty of a Class 1 felony, is not | eligible for probation or conditional discharge, and must serve | a mandatory term of
imprisonment, and is eligible for an |
| extended term, if the revocation or suspension was for a
| violation of Section 9-3 of the Criminal Code of 1961, relating | to the offense of reckless homicide, or a similar out-of-state | offense.
| (d-4) Any person convicted of a tenth, eleventh, twelfth, | thirteenth, or fourteenth violation of this Section is guilty | of a Class 3 felony, and is not eligible for probation or | conditional discharge, if the revocation or suspension was for | a violation of Section 11-401 or 11-501 of this Code, or a | similar out-of-state offense, or a similar provision of a local | ordinance, or a statutory summary suspension under Section | 11-501.1 of this Code. | (d-5) Any person convicted of a fifteenth or subsequent | violation of this Section is guilty of a Class 2 felony, and is | not eligible for probation or conditional discharge, if the | revocation or suspension was for a violation of Section 11-401 | or 11-501 of this Code, or a similar out-of-state offense, or a | similar provision of a local ordinance, or a statutory summary | suspension under Section 11-501.1 of this Code.
| (e) Any person in violation of this Section who is also in | violation of
Section 7-601 of this Code relating to mandatory | insurance requirements, in
addition to other penalties imposed | under this Section, shall have his or her
motor vehicle | immediately impounded by the arresting law enforcement | officer.
The motor vehicle may be released to any licensed | driver upon a showing of
proof of insurance for the vehicle |
| that was impounded and the notarized written
consent for the | release by the vehicle owner.
| (f) For any prosecution under this Section, a certified | copy of the
driving abstract of the defendant shall be admitted | as proof of any prior
conviction.
| (g) The motor vehicle used in a violation of this Section | is subject
to seizure and forfeiture as provided in Sections | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | driving privilege was revoked
or suspended as a result of a | violation listed in paragraph (1), (2), or
(3) of subsection | (c) of this Section or as a result of a summary
suspension as | provided in paragraph (4) of subsection (c) of this
Section.
| (Source: P.A. 94-112, eff. 1-1-06; 95-578, rely on 95-27 and | 95-377, eff. 1-1-08; 95-400, eff. 1-1-09; revised 11-19-07.)
| Section 95. No acceleration or delay. Where this Act makes | changes in a statute that is represented in this Act by text | that is not yet or no longer in effect (for example, a Section | represented by multiple versions), the use of that text does | not accelerate or delay the taking effect of (i) the changes | made by this Act or (ii) provisions derived from any other | Public Act. |
Effective Date: 6/1/2009
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