Illinois General Assembly - Full Text of Public Act 095-0027
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Public Act 095-0027


 

Public Act 0027 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0027
 
SB0585 Enrolled LRB095 04709 DRH 30937 b

    AN ACT concerning transportation.
 
    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
Sections 6-206.2 and 6-303 as follows:
 
    (625 ILCS 5/6-206.2)
    Sec. 6-206.2. Violations relating to an ignition interlock
device.
    (a) It is unlawful for any person whose driving privilege
is restricted by being prohibited from operating a motor
vehicle not equipped with an ignition interlock device to
operate a motor vehicle not equipped with an ignition interlock
device.
    (a-5) It is unlawful for any person whose driving privilege
is restricted by being prohibited from operating a motor
vehicle not equipped with an ignition interlock device to
request or solicit any other person to blow into an ignition
interlock device or to start a motor vehicle equipped with the
device for the purpose of providing the person so restricted
with an operable motor vehicle.
    (b) It is unlawful to blow into an ignition interlock
device or to start a motor vehicle equipped with the device for
the purpose of providing an operable motor vehicle to a person
whose driving privilege is restricted by being prohibited from
operating a motor vehicle not equipped with an ignition
interlock device.
    (c) It is unlawful to tamper with, or circumvent the
operation of, an ignition interlock device.
    (d) Except as provided in subsection (c)(17) of Section
5-6-3.1 of the Unified Code of Corrections or by rule, no
person shall knowingly rent, lease, or lend a motor vehicle to
a person known to have his or her driving privilege restricted
by being prohibited from operating a vehicle not equipped with
an ignition interlock device, unless the vehicle is equipped
with a functioning ignition interlock device. Any person whose
driving privilege is so restricted shall notify any person
intending to rent, lease, or loan a motor vehicle to the
restricted person of the driving restriction imposed upon him
or her.
    (d-5) A person convicted of a violation of this Section is
guilty of a Class A misdemeanor subsection shall be punished by
imprisonment for not more than 6 months or by a fine of not
more than $5,000, or both.
    (e) (Blank). If a person prohibited under paragraph (2) or
paragraph (3) of subsection (c-4) of Section 11-501 from
driving any vehicle not equipped with an ignition interlock
device nevertheless is convicted of driving a vehicle that is
not equipped with the device, that person is prohibited from
driving any vehicle not equipped with an ignition interlock
device for an additional period of time equal to the initial
time period that the person was required to use an ignition
interlock device.
(Source: P.A. 91-127, eff. 1-1-00; 92-418, eff. 8-17-01.)
 
    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
    Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
    (a) 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.
    (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. ; and if the
    (b-3) When the Secretary of State receives a report of a
conviction of any violation indicating was upon a charge which
indicated 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 indicating such person was operating a vehicle
during such period of revocation.
    (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.
    (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 violation of Section 9-3 of the Criminal Code of
    1961, as amended, relating to the offense of reckless
    homicide; or
        (4) 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 subsection (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.
    (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
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, 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, or a
statutory summary suspension under Section 11-501.1 of this
Code.
    (d-1) Except as provided in subsection (d-2) and subsection
(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, 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, or a statutory summary
suspension under Section 11-501.1 of this Code.
    (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, 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, or a statutory summary
suspension under Section 11-501.1 of this Code.
    (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, 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, 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, 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, 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.)

Effective Date: 1/1/2008