SB1764eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
17driving permit, family financial responsibility driving
18permit, probationary license to drive, or a restricted driving
19permit issued pursuant to this Code or under the law of another
20state, shall be guilty of a Class A misdemeanor.
21    (a-5) Any person who violates this Section as provided in
22subsection (a) while his or her driver's license, permit or
23privilege is revoked because of a violation of Section 9-3 of

 

 

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1the Criminal Code of 1961 or the Criminal Code of 2012,
2relating to the offense of reckless homicide or a similar
3provision of a law of another state, is guilty of a Class 4
4felony. The person shall be required to undergo a professional
5evaluation, as provided in Section 11-501 of this Code, to
6determine if an alcohol, drug, or intoxicating compound problem
7exists and the extent of the problem, and to undergo the
8imposition of treatment as appropriate.
9    (a-10) A person's driver's license, permit, or privilege to
10obtain a driver's license or permit may be subject to multiple
11revocations, multiple suspensions, or any combination of both
12simultaneously. No revocation or suspension shall serve to
13negate, invalidate, cancel, postpone, or in any way lessen the
14effect of any other revocation or suspension entered prior or
15subsequent to any other revocation or suspension.
16    (b) (Blank).
17    (b-1) Upon receiving a report of the conviction of any
18violation indicating a person was operating a motor vehicle
19during the time when the person's driver's license, permit or
20privilege was suspended by the Secretary of State or the
21driver's licensing administrator of another state, except as
22specifically allowed by a probationary license, judicial
23driving permit, restricted driving permit or monitoring device
24driving permit the Secretary shall extend the suspension for
25the same period of time as the originally imposed suspension
26unless the suspension has already expired, in which case the

 

 

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1Secretary shall be authorized to suspend the person's driving
2privileges for the same period of time as the originally
3imposed suspension.
4    (b-2) Except as provided in subsection (b-6), upon
5receiving a report of the conviction of any violation
6indicating a person was operating a motor vehicle when the
7person's driver's license, permit or privilege was revoked by
8the Secretary of State or the driver's license administrator of
9any other state, except as specifically allowed by a restricted
10driving permit issued pursuant to this Code or the law of
11another state, the Secretary shall not issue a driver's license
12for an additional period of one year from the date of such
13conviction indicating such person was operating a vehicle
14during such period of revocation.
15    (b-3) (Blank).
16    (b-4) When the Secretary of State receives a report of a
17conviction of any violation indicating a person was operating a
18motor vehicle that was not equipped with an ignition interlock
19device during a time when the person was prohibited from
20operating a motor vehicle not equipped with such a device, the
21Secretary shall not issue a driver's license to that person for
22an additional period of one year from the date of the
23conviction.
24    (b-5) Any person convicted of violating this Section shall
25serve a minimum term of imprisonment of 30 consecutive days or
26300 hours of community service when the person's driving

 

 

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

 

 

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1        (3) a statutory summary suspension or revocation under
2    Section 11-501.1 of this Code.
3    Such sentence of imprisonment or community service shall
4not be subject to suspension in order to reduce such sentence.
5    (c-1) Except as provided in subsections (c-5) and (d), any
6person convicted of a second violation of this Section shall be
7ordered by the court to serve a minimum of 100 hours of
8community service.
9    (c-2) In addition to other penalties imposed under this
10Section, the court may impose on any person convicted a fourth
11time of violating this Section any of the following:
12        (1) Seizure of the license plates of the person's
13    vehicle.
14        (2) Immobilization of the person's vehicle for a period
15    of time to be determined by the court.
16    (c-3) Any person convicted of a violation of this Section
17during a period of summary suspension imposed pursuant to
18Section 11-501.1 when the person was eligible for a MDDP shall
19be guilty of a Class 4 felony and shall serve a minimum term of
20imprisonment of 30 days.
21    (c-4) Any person who has been issued a MDDP 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 the revocation or
7    suspension was for a violation of Section 9-3 of the
8    Criminal Code of 1961 or the Criminal Code of 2012,
9    relating to the offense of reckless homicide, or a similar
10    out-of-state offense; and
11        (2) the prior conviction under this Section occurred
12    while the person's driver's license was suspended or
13    revoked for a violation of Section 9-3 of the Criminal Code
14    of 1961 or the Criminal Code of 2012 relating to the
15    offense of reckless homicide, or a similar out-of-state
16    offense, or was suspended or revoked for a violation of
17    Section 11-401 or 11-501 of this Code, a similar
18    out-of-state offense, a similar provision of a local
19    ordinance, or a statutory summary suspension or revocation
20    under Section 11-501.1 of this Code.
21    (d) Any person convicted of a second violation of this
22Section shall be guilty of a Class 4 felony and shall serve a
23minimum term of imprisonment of 30 days or 300 hours of
24community service, as determined by the court, if:
25        (1) the current violation occurred when the person's
26    driver's license was suspended or revoked the original

 

 

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1    revocation or suspension was for a violation of Section
2    11-401 or 11-501 of this Code, or a similar out-of-state
3    offense, or a similar provision of a local ordinance, or a
4    statutory summary suspension or revocation under Section
5    11-501.1 of this Code; and
6        (2) the prior conviction under this Section occurred
7    while the person's driver's license was suspended or
8    revoked for a violation of Section 11-401 or 11-501 of this
9    Code, a similar out-of-state offense, a similar provision
10    of a local ordinance, or a statutory summary suspension or
11    revocation under Section 11-501.1 of this Code, or for a
12    violation of Section 9-3 of the Criminal Code of 1961 or
13    the Criminal Code of 2012, relating to the offense of
14    reckless homicide, or a similar out-of-state offense.
15    (d-1) Except as provided in subsections (d-2), (d-2.5), and
16(d-3), any person convicted of a third or subsequent violation
17of this Section shall serve a minimum term of imprisonment of
1830 days or 300 hours of community service, as determined by the
19court.
20    (d-2) Any person convicted of a third violation of this
21Section is guilty of a Class 4 felony and must serve a minimum
22term of imprisonment of 30 days, if:
23        (1) the current violation occurred when the person's
24    driver's license was suspended or revoked the revocation or
25    suspension was for a violation of Section 11-401 or 11-501
26    of this Code, or a similar out-of-state offense, or a

 

 

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

 

 

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1    revoked for a violation of Section 9-3 of the Criminal Code
2    of 1961 or the Criminal Code of 2012, relating to the
3    offense of reckless homicide, or a similar out-of-state
4    offense, or was suspended or revoked for a violation of
5    Section 11-401 or 11-501 of this Code, a similar
6    out-of-state offense, a similar provision of a local
7    ordinance, or a statutory summary suspension or revocation
8    under Section 11-501.1 of this Code.
9    (d-3) Any person convicted of a fourth, fifth, sixth,
10seventh, eighth, or ninth violation of this Section is guilty
11of a Class 4 felony and must serve a minimum term of
12imprisonment of 180 days, if:
13        (1) the current violation occurred when the person's
14    driver's license was suspended or revoked the revocation or
15    suspension was for a violation of Section 11-401 or 11-501
16    of this Code, or a similar out-of-state offense, or a
17    similar provision of a local ordinance, or a statutory
18    summary suspension or revocation under Section 11-501.1 of
19    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    (d-3.5) Any person convicted of a fourth or subsequent
4violation of this Section is guilty of a Class 1 felony, is not
5eligible for probation or conditional discharge, and must serve
6a mandatory term of imprisonment, and is eligible for an
7extended term, if:
8        (1) the current violation occurred when the person's
9    driver's license was suspended or revoked the revocation or
10    suspension was for a violation of Section 9-3 of the
11    Criminal Code of 1961 or the Criminal Code of 2012,
12    relating to the offense of reckless homicide, or a similar
13    out-of-state offense; and
14        (2) the prior convictions under this Section occurred
15    while the person's driver's license was suspended or
16    revoked for a violation of Section 9-3 of the Criminal Code
17    of 1961 or the Criminal Code of 2012, relating to the
18    offense of reckless homicide, or a similar out-of-state
19    offense, or was suspended or revoked for a violation of
20    Section 11-401 or 11-501 of this Code, a similar
21    out-of-state offense, a similar provision of a local
22    ordinance, or a statutory summary suspension or revocation
23    under Section 11-501.1 of this Code.
24    (d-4) Any person convicted of a tenth, eleventh, twelfth,
25thirteenth, or fourteenth violation of this Section is guilty
26of a Class 3 felony, and is not eligible for probation or

 

 

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

 

 

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1    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 summary 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    (e) Any person in violation of this Section who is also in
12violation of Section 7-601 of this Code relating to mandatory
13insurance requirements, in addition to other penalties imposed
14under this Section, shall have his or her motor vehicle
15immediately impounded by the arresting law enforcement
16officer. The motor vehicle may be released to any licensed
17driver upon a showing of proof of insurance for the vehicle
18that was impounded and the notarized written consent for the
19release by the vehicle owner.
20    (f) For any prosecution under this Section, a certified
21copy of the driving abstract of the defendant shall be admitted
22as proof of any prior conviction.
23    (g) The motor vehicle used in a violation of this Section
24is subject to seizure and forfeiture as provided in Sections
2536-1 and 36-2 of the Criminal Code of 2012 if the person's
26driving privilege was revoked or suspended as a result of:

 

 

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1        (1) a violation of Section 11-501 of this Code, a
2    similar provision of a local ordinance, or a similar
3    provision of a law of another state;
4        (2) a violation of paragraph (b) of Section 11-401 of
5    this Code, a similar provision of a local ordinance, or a
6    similar provision of a law of another state;
7        (3) a statutory summary suspension or revocation under
8    Section 11-501.1 of this Code or a similar provision of a
9    law of another state; or
10        (4) a violation of Section 9-3 of the Criminal Code of
11    1961 or the Criminal Code of 2012 relating to the offense
12    of reckless homicide, or a similar provision of a law of
13    another state.
14(Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
1596-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff.
161-1-13; 97-1150, eff. 1-25-13.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.