Rep. Dennis M. Reboletti

Filed: 3/26/2013

 

 


 

 


 
09800HB2477ham002LRB098 04174 MLW 43670 a

1
AMENDMENT TO HOUSE BILL 2477

2    AMENDMENT NO. ______. Amend House Bill 2477 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), any
10person who drives or is in actual physical control of a motor
11vehicle on any highway of this State at a time when such
12person's driver's license, permit or privilege to do so or the
13privilege to obtain a driver's license or permit is revoked or
14suspended as provided by this Code or the law of another state,
15except as may be specifically allowed by a judicial driving
16permit issued prior to January 1, 2009, monitoring device

 

 

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1driving 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-5) Any person who violates this Section as provided in
6subsection (a) while his or her driver's license, permit or
7privilege is revoked because of a violation of Section 9-3 of
8the Criminal Code of 1961 or the Criminal Code of 2012,
9relating to the offense of reckless homicide or a similar
10provision of a law of another state, is guilty of a Class 4
11felony. The person shall be required to undergo a professional
12evaluation, as provided in Section 11-501 of this Code, to
13determine if an alcohol, drug, or intoxicating compound problem
14exists and the extent of the problem, and to undergo the
15imposition of treatment as appropriate.
16    (a-10) A person's driver's license, permit, or privilege to
17obtain a driver's license or permit may be subject to multiple
18revocations, multiple suspensions, or any combination of both
19simultaneously. No revocation or suspension shall serve to
20negate, invalidate, cancel, postpone, or in any way lessen the
21effect of any other revocation or suspension entered prior or
22subsequent to any other revocation or suspension.
23    (b) (Blank).
24    (b-1) Upon receiving a report of the conviction of any
25violation indicating a person was operating a motor vehicle
26during the time when the person's driver's license, permit or

 

 

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1privilege was suspended by the Secretary of State or the
2driver's licensing administrator of another state, except as
3specifically allowed by a probationary license, judicial
4driving permit, restricted driving permit or monitoring device
5driving permit the Secretary shall extend the suspension for
6the same period of time as the originally imposed suspension
7unless the suspension has already expired, in which case the
8Secretary shall be authorized to suspend the person's driving
9privileges for the same period of time as the originally
10imposed suspension.
11    (b-2) Except as provided in subsection (b-6), upon
12receiving a report of the conviction of any violation
13indicating a person was operating a motor vehicle when the
14person's driver's license, permit or privilege was revoked by
15the Secretary of State or the driver's license administrator of
16any other state, except as specifically allowed by a restricted
17driving permit issued pursuant to this Code or the law of
18another state, the Secretary shall not issue a driver's license
19for an additional period of one year from the date of such
20conviction indicating such person was operating a vehicle
21during such period of revocation.
22    (b-3) (Blank).
23    (b-4) When the Secretary of State receives a report of a
24conviction of any violation indicating a person was operating a
25motor vehicle that was not equipped with an ignition interlock
26device during a time when the person was prohibited from

 

 

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1operating a motor vehicle not equipped with such a device, the
2Secretary shall not issue a driver's license to that person for
3an additional period of one year from the date of the
4conviction.
5    (b-5) Any person convicted of violating this Section shall
6serve a minimum term of imprisonment of 30 consecutive days or
7300 hours of community service when the person's driving
8privilege was revoked or suspended as a result of a violation
9of Section 9-3 of the Criminal Code of 1961 or the Criminal
10Code of 2012, relating to the offense of reckless homicide, or
11a similar provision of a law of another state.
12    (b-6) Upon receiving a report of a first conviction of
13operating a motor vehicle while the person's driver's license,
14permit or privilege was revoked where the revocation was for a
15violation of Section 9-3 of the Criminal Code of 1961 or the
16Criminal Code of 2012 relating to the offense of reckless
17homicide or a similar out-of-state offense, the Secretary shall
18not issue a driver's license for an additional period of three
19years from the date of such conviction.
20    (c) Except as provided in subsections (c-3) and (c-4), any
21person convicted of violating this Section shall serve a
22minimum term of imprisonment of 10 consecutive days or 30 days
23of community service when the person's driving privilege was
24revoked or suspended as a result of:
25        (1) a violation of Section 11-501 of this Code or a
26    similar provision of a local ordinance relating to the

 

 

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1    offense of operating or being in physical control of a
2    vehicle while under the influence of alcohol, any other
3    drug or any combination thereof; or
4        (2) a violation of paragraph (b) of Section 11-401 of
5    this Code or a similar provision of a local ordinance
6    relating to the offense of leaving the scene of a motor
7    vehicle accident involving personal injury or death; or
8        (3) a statutory summary suspension or revocation under
9    Section 11-501.1 of this Code.
10    Such sentence of imprisonment or community service shall
11not be subject to suspension in order to reduce such sentence.
12    (c-1) Except as provided in subsections (c-5) and (d), any
13person convicted of a second violation of this Section shall be
14ordered by the court to serve a minimum of 100 hours of
15community service.
16    (c-2) In addition to other penalties imposed under this
17Section, the court may impose on any person convicted a fourth
18time of violating this Section any of the following:
19        (1) Seizure of the license plates of the person's
20    vehicle.
21        (2) Immobilization of the person's vehicle for a period
22    of time to be determined by the court.
23    (c-3) Any person convicted of a violation of this Section
24during a period of summary suspension imposed pursuant to
25Section 11-501.1 when the person was eligible for a MDDP shall
26be guilty of a Class 4 felony and shall serve a minimum term of

 

 

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1imprisonment of 30 days.
2    (c-4) Any person who has been issued a MDDP and who is
3convicted of a violation of this Section as a result of
4operating or being in actual physical control of a motor
5vehicle not equipped with an ignition interlock device at the
6time of the offense shall be guilty of a Class 4 felony and
7shall serve a minimum term of imprisonment of 30 days.
8    (c-5) Any person convicted of a second violation of this
9Section is guilty of a Class 2 felony, is not eligible for
10probation or conditional discharge, and shall serve a mandatory
11term of imprisonment, if:
12         (1) the current violation occurred when the person's
13    driver's license was suspended or revoked the revocation or
14    suspension was for a violation of Section 9-3 of the
15    Criminal Code of 1961 or the Criminal Code of 2012,
16    relating to the offense of reckless homicide, or a similar
17    out-of-state offense; and
18        (2) the prior conviction under this Section occurred
19    while the person's driver's license was suspended or
20    revoked for a violation of Section 9-3 of the Criminal Code
21    of 1961 or the Criminal Code of 2012 relating to the
22    offense of reckless homicide, or a similar out-of-state
23    offense, or was suspended or revoked for a violation of
24    Section 11-401 or 11-501 of this Code, a similar
25    out-of-state offense, 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.
2    (d) Any person convicted of a second violation of this
3Section shall be guilty of a Class 4 felony and shall serve a
4minimum term of imprisonment of 30 days or 300 hours of
5community service, as determined by the court, if:
6         (1) the current violation occurred when the person's
7    driver's license was suspended or revoked the original
8    revocation or suspension was for a violation of Section
9    11-401 or 11-501 of this Code, or a similar out-of-state
10    offense, or a similar provision of a local ordinance, or a
11    statutory summary suspension or revocation under Section
12    11-501.1 of this Code; and
13        (2) the prior conviction under this Section occurred
14    while the person's driver's license was suspended or
15    revoked for a violation of Section 11-401 or 11-501 of this
16    Code, a similar out-of-state offense, a similar provision
17    of a local ordinance, or a statutory summary suspension or
18    revocation under Section 11-501.1 of this Code, or for a
19    violation of Section 9-3 of the Criminal Code of 1961 or
20    the Criminal Code of 2012, relating to the offense of
21    reckless homicide, or a similar out-of-state offense.
22    (d-1) Except as provided in subsections (d-2), (d-2.5), and
23(d-3), any person convicted of a third or subsequent violation
24of this Section shall serve a minimum term of imprisonment of
2530 days or 300 hours of community service, as determined by the
26court.

 

 

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1    (d-2) Any person convicted of a third violation of this
2Section is guilty of a Class 4 felony and must serve a minimum
3term of imprisonment of 30 days, if:
4         (1) the current violation occurred when the person's
5    driver's license was suspended or revoked the revocation or
6    suspension was for a violation of Section 11-401 or 11-501
7    of this Code, or a similar out-of-state offense, or a
8    similar provision of a local ordinance, or a statutory
9    summary suspension or revocation under Section 11-501.1 of
10    this Code; and
11        (2) the prior convictions under this Section occurred
12    while the person's driver's license was suspended or
13    revoked for a violation of Section 11-401 or 11-501 of this
14    Code, a similar out-of-state offense, a similar provision
15    of a local ordinance, or a statutory summary suspension or
16    revocation under Section 11-501.1 of this Code, or for a
17    violation of Section 9-3 of the Criminal Code of 1961 or
18    the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a similar out-of-state offense.
20    (d-2.5) Any person convicted of a third violation of this
21Section is guilty of a Class 1 felony, is not eligible for
22probation or conditional discharge, and must serve a mandatory
23term of imprisonment, if:
24         (1) the current violation occurred while the person's
25    driver's license was suspended or revoked the revocation or
26    suspension was for a violation of Section 9-3 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012,
2    relating to the offense of reckless homicide, or a similar
3    out-of-state offense. The person's driving privileges
4    shall be revoked for the remainder of the person's life;
5    and
6        (2) the prior convictions under this Section occurred
7    while the person's driver's license was suspended or
8    revoked for a violation of Section 9-3 of the Criminal Code
9    of 1961 or the Criminal Code of 2012, relating to the
10    offense of reckless homicide, or a similar out-of-state
11    offense, or was suspended or revoked for a violation of
12    Section 11-401 or 11-501 of this Code, a similar
13    out-of-state offense, a similar provision of a local
14    ordinance, or a statutory summary suspension or revocation
15    under Section 11-501.1 of this Code.
16    (d-3) Any person convicted of a fourth, fifth, sixth,
17seventh, eighth, or ninth violation of this Section is guilty
18of a Class 4 felony and must serve a minimum term of
19imprisonment of 180 days, if:
20         (1) the current violation occurred when the person's
21    driver's license was suspended or revoked the revocation or
22    suspension was for a violation of Section 11-401 or 11-501
23    of this Code, or a similar out-of-state offense, or a
24    similar provision of a local ordinance, or a statutory
25    summary suspension or revocation under Section 11-501.1 of
26    this Code; and

 

 

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1            (2) the prior convictions under this Section
2    occurred while the person's driver's license was suspended
3    or revoked for a violation of Section 11-401 or 11-501 of
4    this Code, a similar out-of-state offense, a similar
5    provision of a local ordinance, or a statutory summary
6    suspension or revocation under Section 11-501.1 of this
7    Code, or for a violation of Section 9-3 of the Criminal
8    Code of 1961 or the Criminal Code of 2012, relating to the
9    offense of reckless homicide, or a similar out-of-state
10    offense.
11    (d-3.5) Any person convicted of a fourth or subsequent
12violation of this Section is guilty of a Class 1 felony, is not
13eligible for probation or conditional discharge, and must serve
14a mandatory term of imprisonment, and is eligible for an
15extended term, if:
16        (1) the current violation occurred when the person's
17    driver's license was suspended or revoked the revocation or
18    suspension was for a violation of Section 9-3 of the
19    Criminal Code of 1961 or the Criminal Code of 2012,
20    relating to the offense of reckless homicide, or a similar
21    out-of-state offense; and
22        (2) the prior convictions under this Section occurred
23    while the person's driver's license was suspended or
24    revoked for a violation of Section 9-3 of the Criminal Code
25    of 1961 or the Criminal Code of 2012, relating to the
26    offense of reckless homicide, or a similar out-of-state

 

 

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

 

 

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1    (d-5) Any person convicted of a fifteenth or subsequent
2violation of this Section is guilty of a Class 2 felony, and is
3not eligible for probation or conditional discharge, if:
4         (1) the current violation occurred when the person's
5    driver's license was suspended or revoked the revocation or
6    suspension was for a violation of Section 11-401 or 11-501
7    of this Code, or a similar out-of-state offense, or a
8    similar provision of a local ordinance, or a statutory
9    summary suspension or revocation under Section 11-501.1 of
10    this Code; and
11        (2) the prior convictions under this Section occurred
12    while the person's driver's license was suspended or
13    revoked for a violation of Section 11-401 or 11-501 of this
14    Code, a similar out-of-state offense, a similar provision
15    of a local ordinance, or a statutory summary suspension or
16    revocation under Section 11-501.1 of this Code, or for a
17    violation of Section 9-3 of the Criminal Code of 1961 or
18    the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a similar out-of-state offense.
20    (e) Any person in violation of this Section who is also in
21violation of Section 7-601 of this Code relating to mandatory
22insurance requirements, in addition to other penalties imposed
23under this Section, shall have his or her motor vehicle
24immediately impounded by the arresting law enforcement
25officer. The motor vehicle may be released to any licensed
26driver upon a showing of proof of insurance for the vehicle

 

 

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1that was impounded and the notarized written consent for the
2release by the vehicle owner.
3    (f) For any prosecution under this Section, a certified
4copy of the driving abstract of the defendant shall be admitted
5as proof of any prior conviction.
6    (g) The motor vehicle used in a violation of this Section
7is subject to seizure and forfeiture as provided in Sections
836-1 and 36-2 of the Criminal Code of 2012 if the person's
9driving privilege was revoked or suspended as a result of:
10        (1) a violation of Section 11-501 of this Code, a
11    similar provision of a local ordinance, or a similar
12    provision of a law of another state;
13        (2) a violation of paragraph (b) of Section 11-401 of
14    this Code, a similar provision of a local ordinance, or a
15    similar provision of a law of another state;
16        (3) a statutory summary suspension or revocation under
17    Section 11-501.1 of this Code or a similar provision of a
18    law of another state; or
19        (4) a violation of Section 9-3 of the Criminal Code of
20    1961 or the Criminal Code of 2012 relating to the offense
21    of reckless homicide, or a similar provision of a law of
22    another state.
23(Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
2496-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff.
251-1-13; 97-1150, eff. 1-25-13.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".