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Public Act 100-1004
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| HB3920 Enrolled | LRB100 11433 AXK 21864 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 6-303 as follows:
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(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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Sec. 6-303. Driving while driver's license, permit or |
privilege to
operate a motor vehicle is suspended or revoked.
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(a) Except as otherwise provided in subsection (a-5) or |
(a-7), 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, 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.
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(a-3) A second or subsequent violation of subsection (a) of |
this Section is a Class 4 felony if committed by a person whose |
driving or operation of a motor vehicle is the proximate cause |
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of a motor vehicle accident that causes personal injury or |
death to another. For purposes of this subsection, a personal |
injury includes any Type A injury as indicated on the traffic |
accident report completed by a law enforcement officer that |
requires immediate professional attention in either a doctor's |
office or a medical facility. A Type A injury includes severe |
bleeding wounds, distorted extremities, and injuries that |
require the injured party to be carried from the scene. |
(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 or the Criminal Code of 2012, |
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.
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(a-7) Any person who violates this Section as provided in |
subsection (a) while his or her driver's license or privilege |
to drive is suspended under Section 6-306.5 or 7-702 of this |
Code shall receive a Uniform Traffic Citation from the law |
enforcement officer. A person who receives 3 or more Uniform |
Traffic Citations under this subsection (a-7) without paying |
any fees associated with the citations shall be guilty of a |
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Class A misdemeanor. |
(a-10) A person's driver's license, permit, or privilege to |
obtain a driver's license or permit may be subject to multiple |
revocations, multiple suspensions, or any combination of both |
simultaneously. No revocation or suspension shall serve to |
negate, invalidate, cancel, postpone, or in any way lessen the |
effect of any other revocation or suspension entered prior or |
subsequent to any other revocation or suspension. |
(b) (Blank). |
(b-1) Except for a person under subsection (a-7) of this |
Section, upon Upon receiving a report of the conviction of any |
violation indicating a person was operating a motor vehicle |
during the time when the person's driver's license, permit or |
privilege was suspended by the Secretary of State or the |
driver's licensing administrator of another state, except as |
specifically allowed by a probationary license, judicial |
driving permit, restricted driving permit or monitoring device |
driving permit the Secretary shall extend the suspension for |
the same period of time as the originally imposed suspension |
unless the suspension has already expired, in which case the |
Secretary shall be authorized to suspend the person's driving |
privileges for the same period of time as the originally |
imposed suspension. |
(b-2) Except as provided in subsection (b-6) or (a-7), upon |
receiving a report of the conviction of any violation |
indicating a person was operating a motor vehicle when the |
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person's driver's license, permit or privilege was revoked by |
the Secretary of State or the driver's license administrator of |
any other state, except as specifically 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 |
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-3) (Blank).
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(b-4) 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.
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(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 or the Criminal |
Code of 2012,
relating to the offense of reckless homicide, or |
a similar provision of a law of another state.
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(b-6) Upon receiving a report of a first conviction of |
operating a motor vehicle while the person's driver's license, |
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permit or privilege was revoked where the revocation was for a |
violation of Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012 relating to the offense of reckless |
homicide or a similar out-of-state offense, the Secretary shall |
not issue a driver's license for an additional period of three |
years from the date of such conviction. |
(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:
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(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
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(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
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(3)
a statutory summary suspension or revocation under |
Section 11-501.1 of this
Code.
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Such sentence of imprisonment or community service shall |
not be subject
to suspension in order to reduce such sentence.
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(c-1) Except as provided in subsections (a-7), (c-5), and |
(d), any person convicted of a
second violation of this Section |
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shall be ordered by the court to serve a
minimum
of 100 hours |
of community service.
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(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:
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(1) Seizure of the license plates of the person's |
vehicle.
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(2) Immobilization of the person's vehicle for a period |
of time
to be determined by the court.
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(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 or a restricted |
driving permit which requires the person to operate only motor |
vehicles equipped with an ignition interlock device 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.
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(c-5) Any person convicted of a second violation of this
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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: |
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(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a violation |
of Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012, relating
to the offense of reckless homicide, |
or a similar out-of-state offense; and |
(2) the prior conviction under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 9-3 of the Criminal Code |
of 1961 or the Criminal Code of 2012 relating to the |
offense of reckless homicide, or a similar out-of-state |
offense, or was suspended or revoked for a violation of |
Section 11-401 or 11-501 of this Code, a similar |
out-of-state offense, a similar provision of a local |
ordinance, or a statutory summary suspension or revocation |
under Section 11-501.1 of this Code.
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(d) Any person convicted of a second violation of this
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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: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a violation |
of Section 11-401 or 11-501 of this Code,
a similar |
out-of-state offense, a similar provision of a local
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ordinance, or a
statutory summary suspension or revocation |
under Section 11-501.1 of this Code; and |
(2) the prior conviction under this Section occurred |
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while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of this |
Code, a similar out-of-state offense, a similar provision |
of a local ordinance, or a statutory summary suspension or |
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar out-of-state offense.
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(d-1) Except as provided in subsections (a-7), (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.
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(d-2) Any person convicted of a third violation of this
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Section is guilty of a Class 4 felony and must serve a minimum |
term of
imprisonment of 30 days, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked 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
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ordinance, or a
statutory summary suspension or revocation |
under Section 11-501.1 of this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of this |
Code, a similar out-of-state offense, a similar provision |
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of a local ordinance, or a statutory summary suspension or |
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar out-of-state offense.
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(d-2.5) Any person convicted of a third violation of this
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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: |
(1) the current violation occurred while the person's |
driver's license was suspended or revoked for a violation |
of Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012, relating to the offense of reckless homicide, |
or a similar out-of-state offense.
The person's driving |
privileges shall be revoked for the remainder of the |
person's life; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 9-3 of the Criminal Code |
of 1961 or the Criminal Code of 2012, relating to the |
offense of reckless homicide, or a similar out-of-state |
offense, or was suspended or revoked for a violation of |
Section 11-401 or 11-501 of this Code, a similar |
out-of-state offense, a similar provision of a local |
ordinance, or a statutory summary suspension or revocation |
under Section 11-501.1 of this Code. |
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(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
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imprisonment of 180 days, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a
violation |
of Section 11-401 or 11-501 of this Code, a similar |
out-of-state
offense, a similar provision of a local |
ordinance, or a statutory
summary suspension or revocation |
under Section 11-501.1 of this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of this |
Code, a similar out-of-state offense, a similar provision |
of a local ordinance, or a statutory summary suspension or |
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar out-of-state offense.
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(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: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked for a
violation |
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of Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012, relating to the offense of reckless homicide, |
or a similar out-of-state offense; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 9-3 of the Criminal Code |
of 1961 or the Criminal Code of 2012, relating to the |
offense of reckless homicide, or a similar out-of-state |
offense, or was suspended or revoked for a violation of |
Section 11-401 or 11-501 of this Code, a similar |
out-of-state offense, a similar provision of a local |
ordinance, or a statutory summary suspension or revocation |
under Section 11-501.1 of this Code.
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(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: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked 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 or revocation |
under Section 11-501.1 of this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of this |
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Code, a similar out-of-state offense, a similar provision |
of a local ordinance, or a statutory suspension or |
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar out-of-state offense. |
(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: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked 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 or revocation |
under Section 11-501.1 of this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of this |
Code, a similar out-of-state offense, a similar provision |
of a local ordinance, or a statutory summary suspension or |
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar out-of-state offense.
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(e) Any person in violation of this Section who is also in |
violation of
Section 7-601 of this Code relating to mandatory |
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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.
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(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.
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(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 2012 if the person's |
driving privilege was revoked
or suspended as a result of: |
(1) a violation of Section 11-501 of this Code, a |
similar provision
of a local ordinance, or a similar |
provision of a law of another state; |
(2) a violation of paragraph (b) of Section 11-401 of |
this Code, a
similar provision of a local ordinance, or a |
similar provision of a law of another state; |
(3) a statutory summary suspension or revocation under |
Section 11-501.1 of this
Code or a similar provision of a |
law of another state; or |
(4) a violation of Section 9-3 of the Criminal Code of |
1961 or the Criminal Code of 2012 relating to the offense |
of reckless homicide, or a similar provision of a law of |