|
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.)
|