Public Act 098-0285
 
SB1735 EnrolledLRB098 07703 MLW 37779 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 
Section 6-303 as follows:
 


    (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) Except as otherwise provided in subsection (a-5), 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.

    (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 
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.

    (b) (Blank).
    (b-1) 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), upon 
receiving a report of the conviction of any violation 
indicating a person was operating a motor vehicle when the 
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).

    (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.

    (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.

    (b-6)  Upon receiving a report of a first conviction of 
operating a motor vehicle while the person's driver's license, 
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:


        (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 statutory summary suspension or revocation 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 subsections (c-5) and (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.

    (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 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.

    (c-5) Any person convicted of a second violation of this

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 the
revocation or
suspension 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.

    (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 original

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, or a
statutory summary 
suspension or revocation under Section 11-501.1 of this Code.

    (d-1) Except as provided in subsections (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.

    (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, or a
statutory summary suspension or 
revocation under Section 11-501.1 of this Code.

    (d-2.5) Any person convicted of a third 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 if the revocation or
suspension 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 person's 
driving privileges shall be revoked for the remainder of the 
person's life.
    (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, or a statutory
summary suspension or revocation 
under Section 11-501.1 of this Code.

    (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 the revocation or suspension 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.

    (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, or a statutory summary suspension or revocation 
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, or a statutory summary 
suspension or revocation 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 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 
    another state. 

(Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; 
96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. 
1-1-13; 97-1150, eff. 1-25-13.)